Ordinance No. 906A,.
ORDINANCE NO. 906
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS AMENDING SECTION 303(a) OF THE
UNIFORM BUILDING CODE ALLOWING BUILDING PERMITS
TO BE ISSUED ON A DISCRETIONARY BASIS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I. Definitions. The following words and phrases shall, for the
purposes of this Ordinance, be defined as follows, unless it is clearly apparent from the context
that another meaning is intended:
(a) "Building permit" means an official document or certificate issued by the building
official authorizing specific performance of a specified activity.
SECTION II. The City Council of the City of Cypress does hereby find, determine
and declare, as follows:
(a) That the City staff have indicated to this Council that it is necessary to establish
a procedure by which building permits can be issued on a discretionary basis to
allow conditions of approval to be made part of the building permit process;
(b) That the protection of the public safety, health and welfare necessitates the
immediate adoption of the urgency ordinance;
(c) To make sure that the appropriate type of construction is used to ensure buildings
which are consistent with the Uniform Building Code and satisfy the City
standards of public health, safety, and welfare;
(d) To ensure adequate light, air, and energy conservation measures per the Uniform
Building Code and the California Energy Commission;
(e) To ensure setback requirements meet local City and Uniform Building Code
requirements relating to building use; and
(f J To protect building inhabitants from noise, odors, toxic substances and other
objectionable influences.
SECTION III. Section 303(a) of the Uniform Building Code is amended to read
as follows:
"Issuance. The application, plans, specifications, computations and other data filed by an
applicant for a permit shall be reviewed by the building official. Such plans may be reviewed
by other departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an application for a permit
and the plans, specifications and other data filed therewith conform to the requirements of this
code and other pertinent laws and ordinances, and that the fees specified in Section 304 have
been paid, the building official may issue a permit and may issue such permit subject to any
additional reasonable conditions of approval.
SECTION IV. This Ordinance is exempt from the provisions of the California
Environmental Quality Act, Public Resources code Section 21050 et. seq. as an emergency action
designed to protect the public health, safety, and welfare, 14 California Code of Regulations
15269 (c). The City Council finds that future actions taken by the City to resolve the emergency
necessitating the Urgency Ordinance will be subject to CEQA review at the earliest possible date.
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SECTION V. This Ordinance is hereby declared to be an urgency measure
pursuant to Government Code section 65858 and the Ordinance shall take effect immediately
upon its adoption and shall apply to all building permits issued from the effective date of this
ordinance.
SECTION VI. This Ordinance as an Urgency Ordinance shall only become
effective if adopted by a four -fifths (4 /5th) vote of the City Council.
SECTION VII. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases or portions thereof be declared invalid or unconstitutional.
SECTION VIII. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted in the manner provided by law.
SECTION IX. The discretionary issuance of building permits during this forty -five
(45) day period would be subject to review and approval of City Council.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 10th day of January 1994.
ATTEST:
CITY CLE OF T CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing 0rdinaro,e was duly adopted at a regular meeting of the said City Council held on
the 10th day of January , 1994 by the following roll call vote:
AYES: 5 COUNCIL MEMBERS : Age, Bowman, Kerry, Nicholson
and Partin
NOES: 0 COUNCIL MEMBERS : None
ABSENT 0 COUNCIL MEMBERS : None
CITY CLE' OF TI1E CITY OF CYPRESS