Ordinance Number 917ORDINANCE NO. 917
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REPEALING THE BUILDING ADMINISTRATION CODE
AND ENACTING AMENDMENTS TO THE 2001 CALIFORNIA BUILDING
CODE AND RELATED BUILDING STANDARDS (TITLE 8)
The City Council of the City of San Juan: Capistrano hereby ordains as follows:
Section 1. Code Amendment.
1. Chapter I, 'Building Administration Code" (sections 8-1.01-8-1.10) of Title 8,
"Building Regulations" is hereby repealed in its entirety.
2. Section 8-2.01 "Adoption of Uniform Building Code" of Chapter 2 'Building Code"
of the Municipal Code is hereby amended in its entirety to read as follows:
"Section 8-2.01. Adoption of Uniform Building Code.
The "2001 California Building Code", including appendices Chapters
15 and 33, is hereby adopted for the purpose of prescribing regulations for the
erection, construction, enlargement, alternation, repair, moving, removal,
demolition, conversion, occupancy, equipment, use, height, area, and maintenance of
' building or structures within the City limits."
3. Section 8-2.02 —"Administration" of Chapter 1 'Building Code" of the Municipal
Code is hereby amended in its entirety to read as follows:
"Section 8-2.02 "Amendments to Chapter 1 of 2001 California Building Code.
(A) Section 109.1, "Use and Occupancy", is amended in its entirety to
read as follows: -
"Section 109.1 Use and Occupancy. No construction or erection of a building
or structure shall be used or occupied, and no change in the existing
occupancy classification of any building or structure or portion thereof shall be
made until the Building Official has issued a certificate of occupancy for said
building
or structure in accordance with the provisions of section 109.3.
Issuance of a certificate of occupancy shall not be construed as an approval of
a violation of the provisions of this code or of other ordinances of the City.
Certificates presuming to give authority to violate or cancel the provisions of
this code or other ordinances of the City shall not be valid. "
(B)Section 109.3. "Certificate Issued" is hereby amended in its entirety to
' read as follows:
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"Section 109.3 Certificate Issued. (a) The building official shall not issue a
certificate of occupancy for any building or structure subject to this code
when the building official has found violation(s) of any municipal code,
county code, or applicable state law provision relating to any form of building
or grading activity occurring on the subject real property."
(b) If the building official determines that a certificate of occupancy may be
issued as in conformance with the requirements of this Code, the certificate
shall contain the following:
1. The building permit number;
2. The address of the building;
3. The name and address of the owner;
4. A description of that portion of the building for which the Certificate is
issued;
5. A statement that: the described portion of the building has been
inspected for compliance with the requirements of this code for the group
and division of occupancy and the use for which the proposed occupancy is
classified;
6. The name of the building official.
(C) Exception. A certificate of occupancy may be issued by the Building Official
in those instances where the Building Official finds and determines that the
building or structure is otherwise completed but not all zoning conditions of
approval have been satisfied and: i) occupancy will not otherwise constitute a
threat to the public health and safety; ii) remaining work constitutes a very
minor portion of the project; iii) the remaining work is secured by the posting of
appropriate surety performance bonding as approved by the Building Official; iv)
the applicant shall pay a required fee to process the exception application. This
exception is not applicable where the work on the structure or building has not
satisfied all requirements of this Building Code. "
(D) Section 109.4, 'Temporary Certificate" is hereby repealed in its entirety.
(E) The amendments made to section 109.3 herein shall apply to any pending
building permits for which a certificate of occupancy has not been issued by the
Building Official.
4. Municipal Code section 8-2.03. "Fire Resistive Substitution" is amended in
its entirety to read as follows:
"Section 8-2.03. Underground Utilities Required.
The Building official, as a condition precedent to the issuance of a building
permit, shall require all utility services located within any lot to be
installed underground if:
a) the property is to be developed with a new or relocated main building;
b) the remodeling, alteration, or addition to the existing main building
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subject to the requirements of this code; or
' c) a residential building or use is converted to any nonresidential use or purpose.
For purposes of this section, "main building" shall mean a building in which
is conducted the principal use of the lot or building site on which such building is
located.
The owner or developer of the property shall be responsible for complying the
requirements of this section and shall provide all the necessary facilities on the
property to receive such services from the supplying utilities.
If the Building official determines that application of this requirement causes
extraordinary hardship, the Building Official may modify or delay the imposition of the
under grounding requirement upon approval of property owner's application
therefore. If the Building Official determines to delay the installation of the
requirement, he may require a recorded agreement guaranteeing the future
performance of the work, together with adequate performance security in the form of a
cash, surety bond, or letter of credit.
For purposes of this section, appurtenances and associated equipment,
such as, but not limited to surface -mounted transformers, pedestal -mounted
terminal boxes and meter cabinets, and concealed ducts in an underground
system may be placed above ground."
5. Municipal Code section 8-2.04 "Fire Extinguishing Systems" is here amended in
' its entirety to read as follows:
"Section 8-2.04. Permitted Hours of Construction Operation.
Construction activity which includes the delivery and/or recovery of materials,
supplies, or construction equipment shall be conducted in accordance with the
following prescribed hours:
Monday through Friday
Saturday
7:00 a.m. to 6 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sunday and federal holidays."
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 the same to be
posted at the duly designated posting places within the City and published once within
fifteen (15) days after passage and adoption as required by law; or, in the alternative,
' the City Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after
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adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post a certified copy of this Ordinance, together with the vote for and against the
same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 19th day of ptember 2006.
z
DAVID 0. S —WXR'& IN, MA R
ATTEST:
AR RET R. MONAHAN, CITY CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 917 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 19" day of September 2006 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 3rtl day of October 2006 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES COUNCILYEMBERS: None
ABSENT: COUNCIL/,ME�R$: None
R. MONAHAN, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 ss AFFIDAVIT OF POSTING
' CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 13`" day of September 2006, at least 5 days prior to October 3, 2006, the date of adoption of
the ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING THE BUILDING ADMINISTRATION
CODE AND ENACTING AMENDMENTS TO THE 2001 CALIFORNIA BUILDING
CODE AND RELATED BUILDING STANDARDS (TITLE 8)
This document was posted in the Office of the City Clerk
'—�Zz J
M R(n*ET R. MONAHAN, CITY CLERK
n Ju Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
' I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 4` day of October 2006 1 caused to be
posted a certified copy of Ordinance No. 917, adopted by the City Council on October 3, 2006
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAO JUAN
CAPISTRANO, CALIFORNIA, REPEALING THE BUILDING ADMINISTRATION
CODE AND ENACTING AMENDMENTS TO THE 2001 CALIFORNIA BUILDING
CODE AND RELATED BUILDING STANDARDS (TITLE 8)
This document was posted in the Office of the City Clerk�
Capistrano, California