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Ordinance Number 365161 ORDINANCE NO. 365 SAND, GRAVEL AND MINERAL EXTRACTION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING EXTRACTION OF SAND, GRAVEL AND MINERALS AND ESTABLISHING FEES THEREFOR Sections 1. Title. 2. Purpose. 3. Scope. 4. Definitions. 5. Permits Required. 6. Permit Procedure. 7. Plans of the Site. 8. Reports and Engineering Data. 9. Compliance with Standards. 10. Site Inspections. 11. Fees. 12. Term and Expiration. 13. Renewal. 14. Revocation. 15. Not a Permit to Violate Law. 16. Conformity to Plans. 17. Bonds. 18. Abandonment. 19. Standards for Inoperative Pits. 20. Standards for Active and Future Operations. 21. Responsibility. 22. Enforcement. 23. Penalty. 24. Right of Appeal. 25. Effective Date. 26. Clerk's Certification. SECTION 1. .Title. This article shall be known as "The Sand, Gravel and Mineral Extraction Ordinance of the City of San Juan Capistrano." SECTION 2. Purpose. This Ordinance is adopted to safeguard life, limb, property and the public welfare by establishing minimum safety standards for the maintenance of pits and the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the City of San Juan Capistrano and to establish procedures pursuant to which such standards are to be enforced. SECTION 3. Scope. All existing and future pits or operations which are being and shall be or have been used for mining, quarrying, or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the City of San Juan Capistrano shall be maintained and conducted in compliance with the provisions of this Ordinance. ii EXCEPTIONS: The provisions of this Ordinance shall not apply to the following: -1- Excavation operations incidential to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site will be left suitable for development, and for which a valid grading permit is in force. This exception shall, however, not apply to any such excavation operations which cannot reasonably be completed or are not completed within one (1) year from the date of commencement. 2. Commercial processing or storage of sand, gravel, rock, aggregate, clay or similar materials where no extraction or excavation operations other than those regulated by a currently valid grading permit are conducted on the site. SECTION 4. Definitions. The following terms as used in this Ordinance shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: a. ABANDONMENT is the cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this Ordinance. b. COMMERCIAL EXTRACTION OPERATION is the removal or displacement of sand, gravel, rock, aggregate, clay or similar materials conducted for financial gain. C. DEPARTMENT is the Department of Public Works of the City of San Juan Capistrano. d. DIRECTOR is the Director of Public Works of the City of San Juan Capistrano, or his designee. e. MINING is the process of obtaining sand, gravel, rock, aggregate, clay or similar materials from an open excavation in the earth for financial gain, but not including the removal of minerals extracted by underground methods. f. OPERATOR is the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site. g. OWNER is a person who owns a site upon which a pit is located or upon which mining, quarrying, or commercial extraction operations are being conducted or may be conducted. h. PERMIT is any permit issued pursuant to the provisions of this Ordinance, together with the application for same, the conditions upon which it is issued, and any plans, specifications, reports and approved modifications pertaining thereto. i. PERMITTEE is any person to whom a permit is issued pursuant to the provisions of this Ordinance. -2- j. PERSON includes any individual, firm, association, corporation, joint venture composed of individuals, or any other group or combination acting as a unit. k. PIT is any excavation or depression or hole in the ground, natural or artificial from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted, or quarried. 1. QUARRYING is the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain. M. SETTLING BASIN is an area devoted to the storage of waste residue. n. SITE is a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land described by a lease or similar document upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which is covered by a permit. o. SLOPE is the exposed surface of an excavation or fill which forms an incline. P. ULTIMATE RIGHT-OF-WAY is the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded PC development plan, The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than sixty (60) feet in the case of a public street. SECTION 5. Permits Required. No person shall maintain a pit or commence or perform any operations or activities within the scope of this Ordinance without first obtaining the appropriate permit(s) to do so as specified below: a. ABANDONMENT PERMIT. Upon application to the Director by the owner or his legally authorized agent, an abandonment permit shall be issued for any pit from which no extraction operations have been conducted since the enactment of this Ordinance, provided the pit is found to comply wfth the provisions of Section 19. No fee shall be charged for an abandonment permit. The Director may waive the sections of the Ordinance related to permit procedure as he deems appropriate. -3- b. EXTRACTION PERMIT. No person shall maintain a pit from which materials have been extracted since the enactment of this Ordinance or perform any extraction operations or activities without first obtaining an extraction permit. An extraction permit may be issued by the Director for the maintenance of pits from'which no materials have been extracted since the enactment of this Ordinance, provided the pit is fopnd to comply with Section 19 or Section 20 and all other applicable requirements of this Ordinance have been met. C. GRADING PERMIT FOR REPAIR OF SAND AND GRAVEL SITE. Except as provided in Section 12, repair work required in order to bring a pit into compli- ance with the provisions of Section 19 shall be accomplished only after a grading permit for repair of the Sand and Gravel site has been obtained, and the work shall be performed in compliance with the terms of said permit. The Director may waive the sections of this Ordinance related to permit procedures as he deems appropriate. SECTION 6. Permit Procedure. An application for a permit signed by the owner or his legally authorized agent shall be filed with the Division of Building and Safety upon forms provided by it. The application shall be accompanied by a description of the site and such fees, plans, reports, and engineering data as are outlined in Section 7, 8, and 11. SECTION 7 Plans of the Site. Plans signed by a registered civil engineer or licensed land surveyor shall be submitted by the operator or his authorized agent with an application for a permit. Plans of the site shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless otherwise specified by the Director. The plans shall include but not be limited to the following items: a. Property lines and lease lines, in addition to plans of the site. b. Contours at five-foot intervals unless otherwise specified by the Director. C. Required setbacks. d. Location of all existing and proposed structures, including processing plants and other appurtenant equipment. e. Location of existing and proposed points of ingress and egress, haul roads, driveways and parking areas. f. Location and approximate depth of existing and proposed settling basins, desilting ponds, and other bodies of water. g. Method of disposing of drainage. -4- h. The area to be excavated and typical cross sections of slopes to be formed or modified. i. Location of existing and proposed fencing. The Director shall have the prerogative of requiring the owner or operator to furnish periodic plans and reports if this is necessary to determine compliance with this Ordinance. SECTION 8. Reports and Engineering Data. Reports and engineering data, prepared by a registered civil engineer or a registered engineering geologist, which are pertinent to the pit or operation shall accompany the application where the operator or permittee proposes to establish setbacks less than or slopes steeper than those specified in Sections 19 and 20 or where required pursuant to Section 19 and 20 due to close proximity to a watercourse or groundwater. SECTION 9. Compliance with Standards. The permit application, plans, reports and engineering data shall indicate compliance with the standards specified in Sections 19 and 20. SECTION 10. Site Inspections. Prior to approval of any plans or the issuance of a permit, the Director may inspect the site to determine that the plans, reports or other data are accurate and sufficient. The Director shall inspect each site regulated by this Ordinance at the time of payment of annual fees as required by Section 11(b) and at such other times as he deems necessary, for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this Ordinance and applicable permits. Whenever the Director determines that the work does not comply with the terms of the permit, or requirements of this Ordinance, or that the soil or other conditions are not as stated on the permit, he shall notify the permittee of such fact in writing demanding compliance within thirty (30) days from the date of such notice. If the permittee has not, within the stated time, complied with the terms of the permit, or requirements of the Ordinance, or given reasonable assurances that steps are being taken to comply, the Director may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit and of this Ordinance have been met. SECTION 11. Fees. a. PLAN -CHECKING AND PROCESSING FEE. With the submission of an application for permit or whenever new plans are required to be submitted for review by the Division, a plan -checking and processing fee of fifty dollars ($50.00) shall be paid by the applicant. b. ARMIT AND INSPECTION FEE. An annual fee in the amount specified below shall be submitted to the Division by the first day of July of each year to cover the cost of inspection for the subsequent fiscal year, except that the initial fee shall be prorated on the basis of the portion of the fiscal year remaining with a minimum fee of one hundred dollars ($100.00). -5- 166 The annual permit and inspection fee shall be computed on the basis of the previous year's production from the site which the permit shall cover as follows: Permit and Production Inspection Fee None or less than 10,000 tons, $ 200.00 10,001 to 50,000 tons 400.00 50,001 to 200,000 tons 700.00 More than 200,000 tons 1,500.00 SECTION 12. Term and Expiration. Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this Ordinance are violated and as long as the annual permit fees have been paid. The extraction permit shall expire on the first day of July unless the annual permit and inspection fees for the subsequent fiscal year have been paid by that date. No operations other than such corrective work as may be designated by the Director shall be conducted after said date unless a new permit has been approved by the Director. In the case of existing pits, this corrective work shall include compliance with all the provisions of Section 19. SECTION 13. Renewal. Any extraction permit that has expired or been revoked may be renewed by making application to the Division, upon the following conditions: Submission of an application, up-to-date plans, reports and other data specified by this Ordinance or required by the Director. The site is in compliance with all applicable provisions of this Ordinance. Payment of the fees required by Section 11 hereof. SECTION 14. Revocation. The Director may revoke any permit in whole or in part if, after notification and demand as provided in Section 10 of this Ordinance, the pit or work covered by the permit has been materially extended beyond the limits of the permit, or if any fences or walls or other protective devices required by the Ordinance have not been constructed or maintained in good repair, or if other provisions of this Ordinance have been violated by operator, owner, or permittee. SECTION 15. Not a Permit to Violate Law. The issuance, granting or renewal of a permit shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of the Ordinance or any other ordinance; and no permit presuming to give authority to violate or cancel the provisions of this Ordinance shall be valid except insofar as the work or use which is authorized by the issuance, granting or renewal of the permit is lawful. 167 SECTION 16. Conformity to Plans. Upon issuance of a permit, the plans submitted by the applicant shall be approved and so stamped by the Department. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans unless authorization to modify the pit or operation is obtained from the Director and the plans and records are so changed and noted. SECTION 17. Bonds. A corporate surety bond in the form and amount specified below shall be submitted by each applicant for a permit to perform any mining, quarrying or commercial extraction of rock, sand, gravel, aggregate, clay or similar products on private property in the City of San Juan Capistrano. a. Every bond shall be executed by the operator for the faithful performance of the work to be undertaken and by a corporate surety insurer authorized to do business in this State as surety or, in lieu thereof, a written agreement for same accompanied by a deposit in cash or such other financial security as shall be approved by the Director and City Attorney. b. Every bond shall be in a form approved by the City Attorney. C. Every bond or agreement in lieu thereof shall be so conditioned that the operator shall faithfully comply with all provisions of this Ordinance until the site is properly abandoned in conformity with the provisions of Sections 18 and 19. The bond or agreement in lieu thereof shall secure the City of San Juan Capistrano against all costs, charges and expenses caused by the failure of the principal to fully comply with the provisions of this Ordinance. e. The bond or other security shall be in the amount of ten thousand dollars ($10,000.00) except that one operator or company may post a blanket bond in the sum of forty thousand dollars ($40,000.00) to cover all operations of that company in the City. f. Whenever the Director finds that a default has occurred in the performance of any requirement of this Ordinance, written notice as provided in Section 10 of this Ordinance shall be given to the principal and surety on the bond, or depositor as the case may be. Such notice shall specify the default and demand correction within thirty (30) days, or such longer time as the Director may allow, on penalty of forfeiture of the reasonable costs of making the necessary corrections by the City. The Director spall proceed by such mode as he deems convenient t cause the required work to be performed and completed. Any bond issued in compliance with these regulations shall be exonerated and the surety relieved of all obligations thereunder when the Director certifies that the site has been abandoned in conformity with all regulations of this Ordinance. -7- h. A substitute bond may be filed in lieu of any bond on file hereunder and the Director shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated, but only if the Director finds that no default exists as to performance upon which the bond is conditioned to date of substitution. SECTION 18. Abandonment. n Whenever a pit or excavation operation is to be abandoned, the operator shall notify the Director in writing of his intention to abandon the pit or operation at least thirty (30) days prior to such abandonment. The Director shall inspect the site prior to the date of proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as specified in Section 19. The Director shall also notify the property owner and the operator what assurance, if any, he requires for the continued maintenance of protective devices and future correction of possible unsafe conditions as may occur. Within thirty (30) days after the abandonment of the pit or operation, the Director shall again inspect the site for compliance with Section 19 and notify both the property owner and the operator of his findings. Whenever the Director determines that the site has been abandoned in accordance with the provisions of Section 19, he shall so note on the permit. SECTION 19. Standards for Inoperative Pits. Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards: a. SETBACK AND SLOPES. 1. The finished perimeter slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical projecting into the pit from a fifty foot setback adjacent to the perimeter of the property. 2. In addition, where the Director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, he shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood retarding basin, or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal tc that experienced prior to any excavation. Setback requirements imposed under this subsection may exceed the fifty -foot requirement set forth hereinabove, in the discretion of the Director, but such setbacks may not be less than fifty (50) feet, as set forth in Section 19(a)(1). Slope requirements M:E may be greater or less than that set forth in Section 10(a)(1), in the discretion of the Director. The applicant may be required to furnish reports and engineering data, as set forth in Section 8, to justify the setback and slope requirement requested in such a case. The Director may require such reports in any case. Where the Director determines that the pit extends below or in the future may extend below groundwater elevations the slopes shall not be steeper than the safe values as determined by the Director, based on the reports described in section 8, which reports may be required by the Director in such a case. These requirements may be modified by the Director in cases where safety conditions and engineering and geological data submitted to the Director for approval indicate that a less restrictive setback or slope may be permitted. b. DIVERSIONS. No pit shall be maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the Director, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse in the event that flow from the watercourse enters the excavation. C. DRAINAGE. Adequate provision for conveyance of water across and from the site and for long-term retention of water shall be accomplished so as to minimize potential dangers from landslide and erosion. FENCING. Other than in cases where data is submitted to the Director for approval and which data indicate to the Director that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. Said fence shall be of steel, chain link type, and a minimum of six (6) feet in height above the existing grade of property outside the fenced area. The bottom of said fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four (4) inches. Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Said fence, gates, and locks shall be maintained ip good condition and repair. -9- PROTECTIVE DEVICES, CORRECTION AND REPAIR. Whenever the Director determines that maintenance of protective devices or structures, or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the general public, he shall notify in writing the owner or other respon- sible person, who shall take such corrective action as necessary and shall post a surety bond or other financial security �n an amount sufficient to insure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit will be required for any repair work. The fees for such permit shall be as specified by the Grading Code of the City of San Juan Capistrano unless such fees are waived by the Director. SECTION 20. Standards for Active and Future Operations. The mining, quarrying and commercial extraction of sand, gravel, rock, aggregate, clay or similar products shall be performed in accordance with the following minimum standards: SETBACKS. No excavation activities shall be carried on within fifty (50) feet of: The common property line of any parcel of land not used for the same purpose. The ultimate right-of-way of any public street, either existing or whose precise alignment has been adopted by the Board of Supervisors. In addition, where the Director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, con- servation or flood retarding basin, or natural watercourse, he shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation, or flood retarding basin, or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excava- tion. Setback requirements imposed under this section may exceed the fifty -foot require- ment set forth hereinabove, in the discre- tion of the Director, but such setbacks may not be less than fifty (50) feet, as set forth in Section 19(a)(1). The appli- cant may be required to furnish reports and engineering data, as set forth in Section 6, to justify the setback require- ment requested in such a case. The Director may require such reports in any case. -10- SLOPES. Where the Director determines there is a potentially hazardous seepage into a pit from a flood channel, reservoir, conservation or flood retarding basin or natural water- course, or where the Director determines that the pit extends below or in the future may extend below groundwater elevations, the finished perimeter slope shall not be steeper than two and one-half (2-1/2) feet horizontal to one (1) foot vertical, except as provided in subsection 3 below. The finished perimeter slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property. Subsections 1 and 2 above notwithstanding, the slope requirement may be modified by the Director in cases where the Director determines that the proposed excavation operations present a potential hazard to adjacent property or where other safety conditions and engineering or geological data, as described in Section 6, submitted to the Director for approval, or as may be required by him, indicate that less restrictive slopes may be permitted or more restrictive slopes may be required. DIVERSIONS. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the Director, is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse in the event that flow from the watercourse enters the excavation. DRAINAGE. Adequate provisions for conveyance of water across and from the site and for long-term retention of water shall be accomplished in a manner meeting the approval of the Director so as to minimize potential dangers from landslide and erosion. FENCING. Prior to the commencement or continuation of any excavation or extraction operations or the construction or use of any settling basin, a fence shall be constructed enclosing the area of said proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the Director for approval and which data indicate to the Director that no sub- stantial safety hazards exist. Said fence shall A of a steel, chain link type, and a minimum of six (6) feet in height above the existing grade of property outside the fenced area. The bottom of said fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four (4) inches. Gates of the same material and height as the fence shall -11- 172 be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. Said fence, gates and locks shall be maintained in good condition and repair. BOUNDARY MARKERS. The site shall be surveyed by a registered civil engineer or licensed surveyor and shall be defined by a series of pples, (two -and -one- half -inch pipe) six (6) feet in height measured from the ground level and painted a bright color which shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction. For good cause shown, the Director may waive or modify this requirement for any extraction operations that are proposed to result in finished elevations that are not below the average natural ground elevations at the perimeter of the site, or for any extraction operations proposed to be located more than one thousand (1,000) feet from any property lines. POSTING OF SIGNS. Within ninety (90) days after a permit has been issued pursuant to the provisions of this ordinance, the outer boundaries of the site shall be continuously posted with signs not less than five hundred (500) feet apart and at each change of direction of said boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four (4) inches in height: "PUBLIC NOTICE" and stating in letters not less than one (1) inch in height: "THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING OR COMMERCIAL EXTRACTION OF SAND, GRAVEL, ROCK, AGGREGATE, CLAY AND SIMILAR MATERIALS SUBJECT TO PERMITS WHICH HAVE BEEN ISSUED BY THE DIRECTOR OF PUBLIC WORKS, CITY OF SAN JUAN CAPISTRANO." Said signs shall be of wood or metal and shall be maintained in legible condition at all times. The Director may waive this requirement for good cause shown. h. INGRESS, EGRESS AND TRAFFIC SAFETY. Roads providing vehicular access to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the Department of Public Works. Adequate sight distance shall be maintained for traffic safety; and, a distance of not less than eighty (80) feet from the intersection of the drive or access road with the right-of-way line of the public highway, shall be paved for a width of not less than twelve (12) feet. In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the Department of Public Works or, in the case of State highways, issued by the State Division of Highways. -12- 173 SECTION 21. Responsibility. The permittee, operator, property owner and their authorized agents, and any other person in control of the property, individually and collectively, are responsible for the observation and compliance with all the provisions of this Ordinance. Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by this Ordinance or as deemed necessary by the Director to protect the general public and adjacent properties. In case the owner or other responsible person shall fail, neglect or refuse to perform the required corrections, maintenance, or repairs within the time specified in Section 10 after being notified in writing to do so by the Director, the Director shall cause the requred corrections, repairs, or main- tenance to be done, and the cost thereof shall be a charge and expense against the owner and the land. SECTION 22. Enforcement. It shall be the duty of the Director of enforce the provisions of this Ordinance. If at any time the Director finds any owner, permittee, or operator is violating any of the pro- visions of the Ordinance, he may order compliance in the manner provided in Section 10. If compliance does not proceed, the Director may, at the end of thirty (30) days or, in the absence of reasonable assurance given as provided in Section 10, order immediate cessation of operations. If in the opinion of the Director an immediate and substantial hazard exists to adjacent property or the general public, the Director may order immediate cessation of that portion of the operation which may contribute to such a hazard within the thirty (30) day period provided in Section 10, and which cessation shall continue until correction of the hazardous condition. SECTION 23. Penalty. Any person in violation of any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than six (6) months or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person and shall be punishable therefor as herein provided. SECTION 24. Right of Appeal. The operator, permittee or owner shall have the right to appeal determinations of the Director within fourteen (14) days of any such determination to the City Council, by filing a written request with the Director specifically outlining which determinations are being appealed. The operator, permittee, or owner may present such evidence as he deems necessary to support his appeal. ORE 174 SECTION 25. Effective Date. This is an Urgency Ordinance to preserve the health, safety and welfare of the City of San Juan Capistrano, and shall, accordingly, become effective immediately. The reasons for the urgency are that, on July 1, 1978, the City of San Juan Capistrano undertook the full responsibility for the regulation of building and safety matters, including the extracting of sand, gravel and minerals within the City limits. The establish- ment of appropriate rules, regulations and proce4ures for the granting of permits is necessary to enable the Division of Building and Safety of the Public Works Department to under- take the responsibilities relating to the extraction of sand, gravel and minerals. SECTION 25. 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 Sth day of July , 1978 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ATTEST: KENNETH E. FRIESS, MAYOR CITY CL7 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. 165 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of ,11113Z 1978. (SEAL) z � MARY ANN, OVER, CITY CLERK -14-