Ordinance Number 442ORDINANCE NO. 442
PROHIBITION OF FLIGHT
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.304 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADDING
PROVISIONS RELATING TO AIRBORNE CRAFT
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Section 9-3.304 of the San Juan Capistrano Municipal
Code is hereby amended to read as follows:
"Section 9-3.304. Specified Uses Requiring
Conditional Use Permits.
"The authority for the operation of any of the
following uses and the specific locations for such uses
shall be subject to the approval of a conditional use permit
in each individual case. Structure heights in excess of the
maximums permitted in the applicable district may be permitted
for such uses without a variance proceeding if the Planning
Commission determines that such height is necessary for the
operation of the use in question and a conditional use
permit is approved for the use or structure in question:
"(a) Cemeteries;
"(b) Mining, oil drilling, and other resource
extraction, together with the necessary
incidental buildings and appurtenances;
"(c) The removal and/or stockpiling of earth in
quantities greater than 200,000 cubic yards,
other than such operations connected with the
construction of roadways, structures, or
public improvements;
"(d) Radio and television towers and stations,
radar installations, microwave relay stations,
and kindered uses;
"(e) Any principal use wherein patronage and/or
employment is limited to persons eighteen
(18) years of age or older;
"(f) Utility installations, (other than those
necessary to service a site, such as water
lines, cables, and the like) public and
private, including communication equipment
buildings, electrical distribution substations,
reservoirs, tanks, and similar installations;
"(g) Commercial kennels;
on
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"(h) Airports, heliports, and landing fields; it
shall be unlawful for any person to ascend or
land with any aircraft, including gliders,
balloons, helicopters and parachutes within
the City limits. This proscription shall not
apply to: emergency landings; military or
National Guard personnel engaged in official
duties; any medical, fire or police helicopter
in an emergency situation; crop dusting
aircraft operating with required permits.
This proscription shall not, moreover, apply
to any landing at an established airport or
heliport."
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 3. 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 17th day of
November I 79g, , by the following vote, to wit:
ATTEST:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor pro tem Buchheim
NOES: None
ABSENT: Mayor Schwartze
WHENCE F. UCHHEIM, MAYOR PRO TEM
r
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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. 442 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 3 1981, and adopted at
a meeting held on November 17 14$1•
(SEAL)�
MARY N OV R, CITY CLERK
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