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Ordinance Number 422ORDINANCE NO. 422 AMENDMENT TO TITLE 8 AND TITLE 9 OF THE MUNICIPAL CODE - HOURS OF CONSTRUCTION OPERATIONS (URGENCY) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 8, SECTION 8-2.04(A) AND SECTION 8-5.11, AND TITLE 9, SECTION 9-3.615 OF THE MUNICIPAL CODE, TO REGULATE HOURS OF CONSTRUCTION OPERATIONS (URGENCY) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings, The City Council finds that: A. In order to provide for the continuing health, safety, and welfare of the citizens of San Juan Capistrano, the allowable hours of construction operations should be regulated. B. Due to the number of construction projects currently underway in the City, the situation requires urgent action. SECTION 2. Text of the Amendments to Sections 8-2.04(a) and 8-5.11 (Hours of Operation). A. Introduction Based on the findings set forth in Section 1, preceeding, the following amendments to the Municipal Code are hereby enacted: B. Amendment to Section 8-2.04(a). Section 8-2.04(a) is hereby amended to read as follows: "Section 8-2.04(a). Hours of operation (building). "Building operations within one-half (1/2) mile of a structure for human occupancy shall not be conducted between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday and between the hours of 4:30 P.M. and 8:30 A.M. on Saturday. However, the Building Official may permit operations during the aforesaid hours if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. The permitted hours of operation may be shortened by the Building Official on his finding of a previously unforseen effect on the health, safety, or welfare. No commercial building activity may be conducted on Sunday or on a Federal Holiday. "No permit issued pursuant to the provisions of this chapter and no provision of this section shall be constructed to be a waiver of the applicability of the provisions set forth in Chapter 3 of Title 9 of this Code relating to noise control." C. Amendment to Section 8-5.11. Section 8-5.11 is hereby amended to read as follows: "Section 8-5.11 Hours of operation (grading). "Grading operations within one-half (1/2) mile of a structure for human occupancy shall not be conducted between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday and between the hours of 4:30 P.M. and 8:30 A.M. on Saturday, or on Sundays or Federal holidays. However the -1- ®0 Building Official may permit grading operations during the aforesaid hours, or on Sunday or Federal holidays if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. The permitted hours of operation may be shortened by the Building Official on his finding of a previously unforeseen effect on the health, safety, or welfare of the public. "No permit issued pursuant to the provisions of this Chapter and no provision of this Section shall be construed to be a waiver of the applicability of the provisions set forth in Chapter 3 of Title 9 of this Code relating to noise control." SECTION 3. Text of the Amendment to section 9-3.615 (Noise). Subsection (d)(4) of Section 9-3.615 is hereby amended to read: "Section 9-3.615(d)(4). Noise "Noise sources associated with construction, repairs, remodeling, or the grading of any real property, except that such activities shall not be exempt from the provisions of this Section if conducted from 6:00 P.M. to 7:00 A.M. on Monday through Friday, or from 4:30 P.M. to 8:30 A.M. on Saturday, or at any time on Sunday or a Federal holiday;" SECTION 4. Effective Date. Due to the urgency in this matter, this Ord;nance shall take effect and be in force immediately. The nature of the urgency is that a large amount of construction is currently underway throughout the City, with massive grading and building activity presently taking place. The noise, dust and other undesirable elements associated with this activity require more restrictive immediate controls. SECTION 5. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 5th day of 1981 , by the following vote, to -wit: AYES: Councilmen Friess, Bland, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: Councilman Buchheim PHILLIP R. SCHWARTZE, MAYOR ATTEST: dC