Ordinance No. 908ORDINANCE NO. 908
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS AMENDING SECTION 303(a) OF
THE UNIFORM BUILDING CODE AS ADOPTED BY
REFERENCE IN THE CODE OF THE CITY OF CYPRESS
AUTHORIZING DISCRETIONARY APPROVAL OF BUILDING
PERMITS
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)
That the adoption of this urgency ordinance is
necessary to ensure that the appropriate type of
construction is used for buildings which is
consistent with the Uniform Building Code and to
satisfy City standards of public health, safety,
and welfare;
That necessary conditions are to ensure adequate
light, air, and energy conservation measures per
the Uniform Building Code and the California Energy
Commission;
To ensure setback requirements meet local City and
Uniform Building Code requirements relating to
building use; and
To protect building inhabitants from noise, odors,
toxic substances and other objectionable
influences.
SECTION III. Section 303(a) of the Uniform Building
Code as adopted by reference in the Code of the City of Cypress 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
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other pertinent laws and ordinances, and that the fees specified in
Section 304 have been paid, the building official may issue a
permit subject to any additional reasonable conditions of approval
and upon review and approval of the City Council.
SECTION IV. This Ordinance is exempt from the
provisions of the California Environmental Quality Act, ( "CEQA "),
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.
SECTION V. This Ordinance is hereby declared to be an
urgency measure pursuant to Government Code Section 36937(b) 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 /5ths)
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 sections, 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 term of this Ordinance shall be
effective through and including June 13, 1994 unless otherwise
repealed earlier by the City Council.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 14th day of February,
1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
14F A4 C ITY THE ITY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting
of the said City Council held on the 14th day of February 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
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