Ordinance Number 644ORDINANCE NO. 644
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 8-1.07 OF
TITLE 8 "BUILDING REGULATIONS" OF THE MUNICIPAL CODE
RELATING TO BUILDERS HOURS OF OPERATIONS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Municipal Code Section 8-1.07, "Hours of Operation" of Chapter 1, "Building
Administration" of Title 8, 'Building Regulations" of the Municipal Code is hereby
amended in its entirety to read as follows:
Section 8-1.07. Restrictions on Hours of Operation.
"Section 309, entitled "Restriction on Hours of Operation" is hereby added to
the Uniform Administrative Code to read as follows:
"Onsite building operations and the delivery of any materials, supplies or
construction equipment related directly or indirectly to onsite building
operations located within one-half mile of a structure for human occupancy
shall be conducted only between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Friday and between the hours of 8:30 a.m. and 4:30 p.m. on Saturdays.
"The Building Official is authorized to grant written waivers as to these time
restrictions providing the Building Official determines that such building
operations, or the delivery of material, supplies and construction equipment
are not detrimental to the health, safety or welfare of the inhabitants of any
habitable structure within one-half mile of the building site. The permitted
hours of operation may also be shortened by the Building Official on his finding
of a previously unseen effect on the health, safety or welfare of the
community.
"Onsite building operations and the delivery of material, supplies and
construction equipment relating directly or indirectly to onsite building
activity is prohibited on Sundays and on any federal holiday."
SECTION 2. Urgency Ordinance Findings.
This Urgency Ordinance is enacted pursuant to Government Code Section
36937 for the immediate preservation of the public peace, health and safety of the
community in that Municipal Code Section 8-1.07 as it presently reads could be
interpreted to mean that onsite building operations only are subject to hours of operation
time restrictions. However, it is the intent of the City Council that the delivery of
material, supplies and construction equipment be subject to the same time restrictions.
The winter season will shortly terminate and a full construction season is about to begin
thus necessitating the need for a clarification of time restrictions on building operations,
including the delivery of material, supplies and construction equipment to building sites.
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Pursuant to Government Code Section 36937, this Urgency Ordinance shall
take effect immediately.
SECTION 3. 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 21st day of March
1989.
GARY V HAUSDORFER,MA R
ATTEST:
CITY CLERK
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. 644 which was adopted at a meeting held on March 21 , 1989,
by the following vote:
AYES: Councilmen Schwartze, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
(SEAL)
–MARY ANN H NOVER� CLTERK—
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