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Ordinance Number 623ORDINANCE NO. 623 TO TITLE 8 OF THE MUNICIPAL CODE - AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 8-3.03 OF CHAPTER 3, "GRADING CODE," OF TITLE 8, 'BUILDING REGULATIONS," OF THE MUNICIPAL CODE RELATING TO DRILLING, EXCAVATION AND GRADING REGULATIONS (URGENCY) 175 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: CFCTTON I _ AmPnrim Pntt. Municipal Code Section 8-3.03 entit!r-d "Permits Required," of Chapter 3 "Grading Code," of Title 8 'Building Regulations," is hereby amended to read as follows: . Section 7003 shall read in its entirety as follows: 'SECTION 7003. No person shall do any grading of any kind, or excavation or drilling for soils testing purposes without first having obtained a grading permit from the Building Official, except for the following: "1. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after completion of such structure. "2. Cemetery graves. "3. Excavation for utilities. 114. An excavation which does not exceed 50 cubuc yards on any one site and (a) is less than two (2) feet in depth; or, (b) which does not create a cut slope which is greater than five (5) feet in height and steeper than two (2) horizontal to one (1) vertical. 115. A fill less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or less than three (3) feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course." SECTION 2. Finding of Urgency. This urgency ordinance is enacted pursuant to Government Code Section 36937(b) in that the City Council hereby finds that the existing provisions of the Municipal Code do not require the permitting of certain types of drilling within City limits; that it is necessary to institute permit requirements for certain types of drilling, especially drilling for soils testing purposes to ensure that drilling does not occur without City notice in such a way that drilling activities could jeopardize public health, safety and welfare of the people of the City of San Juan Capistrano. SECTION 3. Effective Date. This Ordinance shall take effect and be in force immediately. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED, AND ADOPTED this 1st day of March 1988. ANTHONY L AND, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 623 which was adopted at a meeting of the City Council of the City of San Juan Capistrano, California, held on March 1 , 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None (SEAL) MARY ANN ANOVE , CITY CLERK -2-