Ordinance Number 367ORDINANCE NO. 367
UNIFORM BUILDING CODE, 1976 EDITION
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING BY REFERENCE THE UNIFORM
BUILDING CODE, 1976 EDITION, WITH APPENDIX AND
AMENDMENTS THERETO; AND ADOPTING THE UNIFORM
BUILDING CODE STANDARDS, 1976 EDITION, AND GRADING
AND EXCAVATION REGULATIONS, AND REPEALING
ORDINANCE NO. 268
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
Sections:
ARTICLE 1. BUILDINGS AND STRUCTURES
1. Adoption of Uniform Building Code.
2. Section 108 Added (Exemptions).
3. Section 109 Added (Underground Utilities
Required).
4. Section 205 Amended (Violations and Penalties).
5. Section 303 Amended (Fees).
6. Section 306 Amended (Certificate of Occupancy).
7. Section 307 Added (Plastering Permits, Fees).
8. Section 1604 Amended (Restrictions in Fire
Zone No. 3).
ARTICLE 2. GRADING AND EXCAVATION
1. Purpose and Intent.
2. Scope.
3. Permit Exceptions.
4. Grading Permit Requirements.
5. Export of Earth from or Import of Earth to the
Project Site.
6. Time of Grading Operations.
7. Hazardous Conditions, Notice, Hearing, Abatement.
8. Fees.
9. Bonds.
10. Cuts.
11. Fills.
12. Setbacks.
13. Drainage and Terracing.
14. Erosion Control.
15. Grading Inspections.
16. Regular Grading Requirements.
17. Notification of Noncompliance.
is. Transfer of Responsibility for Approval.
19. Site Inspection by the Building Official.
20. Completion of Work.
21. Grading Board of Appeals.
22. Alternate Methods.
23. Denial of Permit.
Repeal.
CCffective Date.
lerk's Certification.
ARTICLE 1. BUILDINGS AND STRUCTURES
SECTION 1. Adoption of Uniform Building Code.
There is hereby adopted by the City Council of the
City of San Juan Capistrano for the purpose of prescribing
regulations for the erection, construction, enlargement, alteration,
repair, improving, removal, conversion, demolition, occupancy,
equipment, use height, and area of buildings and structures that
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certain Code known as the Uniform Building Code, 1976 Edition, as
published by the International Conference of Building Officials,
including the Appendix thereto, and the whole thereof, save and
except such portions as are hereinafter deleted, modified, or
amended, of which Codes not less than three (3) copies of each
have been made and are now filed in the office of the City Clerk,
and the same are hereby adopted and incorporated as fully as if
set forth at length herein.
SECTION 2. Section 108 Added (Exemptions).
Chapter 1 of said Uniform Building Code is hereby
amended by adding Section 108 to read as follows:
Exemptions
Section 108.
Incidential structures and improvements of a minor
nature may be exempted from the provisions of this Code upon
the determination of the Building Official.
SECTION 3. Section 109 Added (Underground Utilities
Required).
Chapter 1 of said Uniform Building Code is hereby
amended by adding Section 109 to read as follows:
Underground Utilities Required
Section 109.
The Building Official shall, as a conditions
precedent to the issuance of a Building Permit, require all
utility services located within the exterior boundary lines
of any lot or parcel of property to be installed underground
if:
(1) The property is to be developed with a new or
relocated main building;
(2) The remodeling, alteration, or addition to an
existing main building, is subject to the
requirements of Section 104(b) of this Code.
(3) A residential building or use is converted to
any nonresidential use or purpose.
For purposes of this Section, the term "main
building" shall mean a building in which is conducted the
principal use of the lot or building site on which it is
located.
The owner or developer of the property is responsible
for complying with the requirements of this Section and
shall provide all necessary facilities on the property to
receive such service from the supplying utilities.
If it is determined that practical difficulties,
or unreasonable hardships inconsistent with the purposes of
this chapter and unique to a particular parcel of property,
would result from the literal interpretation of this Section,
the Building Official may waive, modify, or delay the
imposition of any undergrounding requirement imposed pursuant
to this Section upon written application of any affected
property owner. The Building Official shall notify the
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applicant of his decision in writing by certified mail. If
the Building Official determines to delay the installation
of required underground utilities, he may require a recorded
agreement guaranteeing the future performance of the work,
together with adequate performance security enforceable by
the City in the form of a cash deposit, bond, letter of
credit, or other instrument satisfactory to the City Attorney.
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.
Any person dissatisfied with the decision of the
Building Official may file an appeal with the City Council
within fifteen (15) calendar days after the decision of the
Building Official is deposited in the mail by filing a
written statement with the City Clerk setting forth the
reasons for said appeal. The City Council may overrule,
modify, or affirm the decision of the Building Official.
SECTION 4. Section 205 Amended (Violations and
Penalties).
Section 205 of said Uniform Building Code is hereby
amended to read as follows:
Violations and Penalties
Section 205.
It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use,
occupy, or maintain any building or structure in the City,
or cause the same to be done, contrary to or in violation of
any of the provisions of this Code.
Any person, firm, corporation violating any of the
provisions of this Code shall be deemed guilty of a misdemeanor,
and each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during
which any violation of any of the provisions of this Code is
committed, continued, or permitted, and upon conviction of
any such violation such person shall be punished by a fine
of not more than five hundred dollars ($500.00) or by
imprisonment for not more than six (6) months, or by both
such fine and imprisonment.
SECTION 5. Section 303 Amended (Fees).
Section 303 of said Uniform Building Code is hereby
amended to read as follows:
Fees
Section 303.
'k) Building Permit Fees shall be as established
by ordinance of the City Council.
The determination of value or valuation under
any of the provisions of this Code shall be
made by the Building official, based on the
cost per square foot as set forth in the
standard published by the International
Conference of Building Officials.
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Where work for which a permit is required by
this Code is started or proceeded with prior
to obtaining said permit, the fees above
specified shall be doubled, but the payment
of such double fee shall not relieve any
person from fully complying with the requirements
of this Code in the execution of the work nor
from any other penalties prescribed herein.
(b) When a plan is required to be submitted by
subsection (c) of Section 301, a plan -checking
fee shall be paid to the Building Official at
the time of submitting plans and specifications
for checking. Said plan -checking fee shall
be as established by ordinance of the City
Council.
(c) Expiration of Plan Check. Applications for
which no permit is issued within one hundred
eighty (180) days following the date of
application shall expire by limitation and
plans submitted for checking may thereafter
be returned to the applicant or destroyed by
the Building Official. The Building Official
may extend the time for action by the applicant
for a period not exceeding one hundred
eighty (180) days upon written request by the
applicant showing that circumstances beyond
the constrol of the applicant have prevented
action from being taken. In order to renew
action for an application after expiration,
the applicant shall resubmit plans and pay a
new plan -check fee.
(d) Additional Plan -Checking Fees. When changes
are made to previously submitted plans, an
additional plan -checking fee shall be paid to
the Building Official based upon the value of
construction of the proposed ^ha-ge r r de_ig,..
In establishing said fee, no allowance for a
decreased valuation shall be permitted due
to the replacement, omission or lessening of
any member or portion of the building shown
in the original plans. Said fee may be
waived when in the opinion of the Building
Official the additional fee is not warranted.
No additional fees shall be charged for
checking corrections required by the Building
official.
(e) Reinspection Fees. When any reinspection is
required due to the negligence of the permit
holder, his agent or other responsible persons,
or due to the failure of said parties to
comply with previous correction instructions,
a fee as established by ordinance shall be
charged by the Building Official for each
such reinspection. This fee shall be paid
before any further inspections are made.
(f) Conversion Inspection Fee. A fee as established
by ordinance shall be paid when a conversion
inspection is required by the Building Official.
Note: The conversion fee does not include
the fees for the building permit, nor fees
for electrical, plumbing or heating and
ventilating permits covering the alterations
and/or repairs of the conversion.
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(g) Investigation Fee. A fee as established by
ordinance may be charged by the Building
Official for any investigation of a building,
structure, work reports, certification or any
other related work, requested by an owner or
authorized agent of such owner.
(h) Refunds.
(1) Refunds may be made to the permitee in
an amount equal to 858 where work authorized
by said permit has not commenced, except
that no refund shall be made after one
year has elapsed from the date of issuance.
(2) Refunds may be made in an amount equal
to 1008 of the amount paid when a permit
has been issued inadvertently outside
the jurisdiction of the City or a duplicate
permit has been issued, except that no
refund shall be made if one year has
elapsed from the date of such erroneous
issuance.
(3) No refund shall be made on fees collected
in an amount of one dollar or less or on
any plan check fee collected.
SECTION 6. Section 306 Amended (Certificate of
Occupancy).
Section 306 of said Uniform Building Code is hereby
amended to read as follows:
Certificate of Occupancy
Section 306.
(a) Use or Occupancy. No building or structure
shall be used or occupied, nor shall the gas
or electrical systems be energized, until the
Building Official has determined compliance
with this Code, all other applicable ordinances
and laws and the conditions of the building
permit, and has authorized occupancy of such
building or structure by the issuance of a
certificate of occupancy therefor as provided
herein. No change in the existing occupancy
classification of a building or structure or
portion thereof shall be made until the
Building Official has issued a certificate of
occupancy therefor as provided herein.
Exception: Gas and electrical systems may be
energized prior to the issuance of a certificate
of occupancy when properly authorized by the
Building Official for the purpose of testing
systems or equipment.
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(b) Change in Use. Changes in the character or
use of a building shall not be made except as
specified in Section 502 of this Code.
(c) Certificate Issued. After final inspection when
it is found that the building or structure
complies with the provisions of this Code, the
Building Official shall issue a certificate of
occupancy which shall contain the following:
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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.
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5. A statement that the described portion
of the building complies with the
requirements of this Code for group of
occupancy in which the proposed occupancy
is classified.
6. The name of the Building Official.
(d) Temporary Certificate. A temporary certificate
of occupancy may be issued by the Building
Official for the use of a portion or portions
of a building or structure prior to the
completion of the entire building or structure.
The application fee for such temporary
certificate shall be as established by City
ordinance.
(e) Posting. The certificate of occupancy shall
be posted in a conspicuous place on the
premises and shall not be removed except by
the Building Official.
SECTION 7. Section 307 Added (Plastering Permits, Fees).
Chapter 3 of said Uniform Building Code is hereby
amended by adding Section 307 to read as follows:
Plastering Permits, Fees
Section 307.
It shall be unlawful for any person, firm or
corporation, whether acting as principal, agent or employee,
to do or cause or permit to be done any plastering work,
interior or exterior, within the area covered by this Code
without first obtaining a permit therefor from the Building
Official, and further:
1. Every applicant for a permit to plaster shall
state, in writing on the application form
provided for that purpose, the character of
the work proposed to be done and the amount
and kind, together with such information
pertinent thereto, as may be required.
2. Such applicant shall pay for each permit
issued a fee as established by ordinance of
the City Council.
3. Any person who shall commence on plastering
work for which a permit is required by this
Code without having first obtained a permit
therefor, shall, if subsequently permitted to
obtain a permit, pay double the permit fee
fixed by this Code for such work.
SECTION 8. Section 1604 Amended (Restrictions in
Fire Zone No. 3).
Section 1604 of said Uniform Building Code is hereby
amended to read as follows:
Restrictions in Fire Zone No. 3
Section 1604.
(a) Any building or structure complying with the
requirements of this Code may be erected,
constructed, moved within or into Fire Zone
No. 3.
(b) Special Provisions for Structures in Brush
Covered Areas. Buildings or structures
hereafter constructed or moved in Fire Zone
No. 3 and which are located within four
hundred (400) feet of brush covered land
shall comply with the following requirements
of this section:
1. Roof covering: Roof covering shall be
as specified in section 3203 except that
sections 3203(f)5 (wood shingles),
3203(f)6 (wood shakes) and 3203(f)
Exception, shall not apply. Roofing
shall be firestopped at the eave ends to
preclude entry of flame or embers under
the roofing materials.
2. Protection of openings: Openings into
attics, floors or other enclosed areas
shall be covered with corrosion -resistant
wire mesh not greater than one-fourth
inch in any dimension except where such
openings are equipped with sash or
doors.
3. Alterations: Buildings and structures
already erected in Fire Zone No. 3 to
which additions, alterations or repairs
are made shall comply with the requirements
of this section for new buildings or
structures except as specifically provided
by Section 104.
For the purpose of this subsection, "brush
covered land" shall mean:
(A) An area with natural vegetation such as
brush or chaparral, trees, scrub oak,
sumac, sage, buchwheat, greasewood or
similar noncultivated vegetative growth;
and/or
(B) An area with growth as indicated in (A)
4 above in combination with the annual
growth of grass and weeds; and/or
(C) The "brush covered land" as defined in
(A) and (B) above extends over an area
of two (2) acres or more or has a horizontal
distance of four hundred (400) feet or
more.
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ARTICLE 2. GRADING AND EXCAVATION
SECTION 1. Purpose and Intent.
It is the intent of this Code to safeguard life, limb,
property, and the public welfare by regulating grading on private
property in the City of San Juan Capistrano.
SECTION 2. Scope.
This Code sets forth rules and regulations to control
excavation, grading, and earthwork, construction, including fills
and enbankments; establishes administrative procedures for issuance
of permits; and provides for approval of plans and inspection of
grading construction in accordance with the requirements for
grading and excavation as contained in Chapter 70, Uniform Building
Code, 1976 Edition, with extensive additional requirements and
regulations deemed necessary to meet local conditions.
SECTION 3. Permit Exceptions.
No person shall do any grading, or clearing, brushing,
or grubbing preparatory to grading, without first having obtained
a grading permit from the Building Official, except for the
following:
(a) Cemetery graves.
(b) Earthwork construction regulated by the Federal,
State, County, or City government, or by any local
agency as defined by Government Code section
53090-53095. This exemption, however, shall
apply only when the earthwork construction takes
place on the property or dedicated rights-of-way
of the above agencies.
(c) An excavation which does not exceed fifty (50)
cubic yards on any one site and which (a) is less
than two (2) feet in vertical depth, or (b) which
does not create a cut slope greater than five (5)
feet in vertical height and steeper than one and
one-half horizontal to one vertical (1 1/2:1).
SECTION 4. Grading Permit Requirements.
Except as exempted in Section 3 of this Code, no person
shall do any grading or clearing, brushing, or grubbing preparatory
to grading without first obtaining a grading permit from the
Building Official. A separate permit shall be required for each
site and may cover both excavations and fills.
(a) Application. The provisions of Section 301(b) of
the Uniform Building Code are applicable to grading,
and in addition, the application shall state the
estimated quantities of work involved.
(b) Plans and Specifications. When required by the
Building Official, each application for a grading
permit shall be accompanied by three (3) sets of
plans and specifications and supporting data
consisting of two (2) copies each of a soil
engineering report and engineering geology report.
The plans and specifications shall be prepared and
signed by a civil engineer when required by the
Building Official.
(c) Information on Plans and specifications. Plans
shall be drawn to scale upon substantial paper or
cloth and shall be of sufficient clarity to indicate
the nature and extent of the work proposed and
show in detail that they will conform to the
provisions of this Code and all relevant laws,
ordinances, rules, and regulations. The first
sheet of each set of plans shall give the location
of the work and the name and address of the owner,
the person by whom they were prepared, the project
soil engineer, and the project engineering geologist.
A plan of workable size at a reduced scale may be
required when the grading plans exceed two (2)
sheets in number.
Any additional plans, drawings, calculations,
environmental impact information, or other reports
required by the Building Official. If the grading
project includes the movement of earth material to
or from the site, the Building official may require
a description of the haul route to be submitted to
the City Engineering Division for approval.
Specifications shall contain information covering
construction and material requirements.
(d) Every permit issued shall be valid for a period of
one (1) year from the date thereof, unless otherwise
specified.
If the holder of a grading permit presents
satisfactory reasons for his failure to complete
the work during the period of validity of the
permit, the Building official, upon application of
the permittee, may grant extensions of time deemed
necessary by reason of such difficulties. No
request for such extensions will be considered
later than the thirtieth (30th) day following the
date on which said permit would otherwise expire.
If a permit holder presents satisfactory evidence
that unusual difficulties have prevented work
being started within the sixty (60) day period, or
completed within one (1) year, or continued
without being suspended for the one hundred
twenty (120) day period, the Building official may
grant extensions of time reasonably necessary by
reason of such difficulties. No request for such
extensions will be considered later than the
thirtieth (30th) day following the date on which
said permit would otherwise expire.
SECTION 5. Export of Earth from or Import of Earth
to the Project Site.
Where an excess of five thousand (5,000) cubic yards of
earth per site project is moved on public roadways from or to the
site of an earth grading operation, all the following requirements
shall apply: p
(a) Either water or dust palliative or both must be
applied for the alleviation or prevention of
excessive dust resulting from the loading or
transportation of earth from or to the project
site on public roadways. The permittee shall be
responsible for maintaining public rights-of-way
used for handling purposes in a condition free of
dust, earth, or debris attributed to the grading
operation.
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190
(b) Loading and transportation of earth from or to the
site must be accomplished between 7:00 a.m. and
8:00 p.m., Monday through Saturday.
(c) Access roads to the premises shall be only at
points designated on the approved grading plan.
(d) The last fifty (50) feet of the access road, as it
approaches the intersection with the public roadway,
shall have a grade not to exceedithree (3) per
cent. There must be a three hundred (300) foot
clear, unobstructed sight distance to the
intersection from both the public roadway and the
access road. If the three hundred (300) foot
sight distance cannot be obtained, flagmen shall
be posted.
(e) A stop sign conforming to the requirements of
section 21400 of the California vehicle Code shall
be posted at the entrance of the access road to
the public roadway.
(f) An advance warning sign must be posted on the
public roadway four hundred (400) feet on either
side of the access intersection, carrying the
words "truck crossing." The sign shall be diamond
in shape, each side being thirty (30) inches in
length, shall have a yellow background, and the
letters thereon shall be five (5) inches in height.
The sign shall be placed six (6) feet from the
edge of the pavement and the base of the sign
shall be five (5) feet above the pavement level.
The advance warning sign shall be covered or
removed when the access intersection is not in
use.
SECTION 6. Time of Grading Operations.
Grading operations within one-half (1/2) mile of a
structure for human occupancy shall not be conducted between the
hours of 8:00 p.m. and 7:00 a.m. The Building Official may,
however, permit grading operations during specific hours after
8:00 p.m. or before 7:00 a.m. if he determines that such operations
are not detrimental to the health, safety, or welfare of the
inhabitants of such a structure. Permitted hours of operation
may be shortened by the Building Official on his finding of a
previously unforeseen effect on health, safety, or welfare.
Provided, however, no permit issued, nor any provisions of this
section, shall be construed to be a waiver of the applicability
of the provisions set forth in the Land Use Management Code
relating to noise control.
SECTION 7. Hazardous Conditions, Notice, Hearing,
Abatement.
Whenever the Building Offical determines that any
natural slopes, excavations, or fill on private property is a
menace to life, limb, or a hazard to public safety, or endangers
property, or affects the safety, usability, or stability of
adjacent property or a public way, he shall give the owner or
other person or agent in control, or the permittee under any
permit issued pursuant to this Code, of the property upon which
such excavation, fill, or condition is located, notice of such
determination and demand for immediate corrective action of any
such conditions, and the time and place a hearing shall be had
thereon before the Building Official.
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The Building Official may require the submission of
plans, soils or geological reports, and recommendations or other
engineering data in connection with any corrective or proposed
work or activity.
SECTION 8. Fees.
Fees shall be as specified by Ordinance No. 357 and
amendments thereto.
SECTION 9. Bonds.
(a) Bonds required. A permit shall not be issued
unless the permittee shall first post with the
Building Official a bond executed by the owner and
a corporate surety authorized to do business in
the State of California as a surety in an amount
sufficient to cover the cost of the project,
including the construction of drainage and protective
devices and any corrective work necessary to
remove and eliminate engineering and geological
hazards in a form prescribed by the Building
Official or approved as to form by the City Attorney.
In lieu of a surety bond, the applicant may file a
cash bond or, if approved by the City Attorney, a
letter of credit from one or more financial
institutions subject to regulations by the State
or Federal Government in an amount equal to that
which would be required in the surety bond.
Exceptions:
1. The Building Official may reduce the amount
of the bond to the extent that he determines
that the hazard or danger created by the work
does not justify the full amount.
2. No bond shall be required when the Building
Official determines the proposed grading
will not adversely affect the subject property
or adjacent property or existing or proposed
structures thereon, and will not create,
cause, or precipitate a geological, flood,
drainage, erosion, siltation, or other adverse
environmental impact if, for any reason, the
proposed project or grading is not completed.
3. On developments where progressive individual
grading projects or several concurrent projects
are being constructed by one owner, a continuing
bond or single letter of credit may be provided
which will cover all such projects; the
amount thereof shall be determined by the
Building Official.
(b) Conditions. Every bond shall include the conditions
that the permittee shall:
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1. Comply with all of the provisions of the
Code, applicable laws and ordinances.
2. Comply with all of the terms and conditions
of the permit for excavation or fill to the
satisfaction of the Building official.
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Complete all of the work contemplated under
the permit within the time limit specified in
the permit or complete the work to a safe
condition satisfactory to the Building Official.
(The Building Official may, for sufficient
cause, extend the time specified in the
permit, but no such extension shall release
the surety upon the bond.)
(c) Failure to complete work. The bprm of each bond
shall begin upon the date of filing and shall
remain in effect until the completion of the work
to the satisfaction of the Building Official. In
the event of failure to complete the work and
failure to comply with all of the conditions and
terms of the permit, the Building Official may
order the work required by the permit to be completed
or put in a safe condition to his satisfaction.
The surety executing such bond or deposit shall
continue to be firmly bound under a continuing
obligation for the payment of all necessary costs
and expenses that may be incurred or expended by
the governing agency in causing any and all such
required work to be done. In the case of a cash
deposit, said deposit or any unused portion
thereof shall be refunded to the permittee.
(d) Default in performance of conditions. Whenever
the Building Official finds or determines that a
default has occurred in the performance of any
requirement of a condition of a permit issued
hereunder, written notice thereof shall be given
to the principal and to the surety on the bond.
Such notice shall specify the work to be done, the
estimated cost thereof and the period of time
deemed by the Building Official to be reasonably
necessary for the completion of such work.
After receipt of such notice, the surety shall,
within the time specified, cause or require the
work to be performed, or failing therein, shall
pay over to the Building official the estimated
cost of doing the work as set forth in the notice.
Upon receipt of such monies, the Building Official
shall cause the required work to be performed and
completed.
(e) Substitution. A substitute bond or letter of
credit may be filed in lieu of any abovementioned
bond or letter of credit, and the Building Official
may accept the same if it is suitable to insure
completion of the work remaining to be performed
and in proper form and substance, and the bond or
letter of credit for which it is substituted may
be exonerated if the Building Official finds that
the conditions of said bond or letter of credit
for which substitute has been filed have been
satisfied and that no default exists as to the
performance upon which the said bond or letter of
credit is conditioned.
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SECTION 10. Cuts.
(a) Unless otherwise approved by the Building Official
and recommended in the approved soil engineering
and/or engineering geology report, cuts shall be
no steeper than two horizontal to one vertical
(2:1).
(b) Drainage and terracing. Drainage and terracing
shall be provided as required by Section 13
(Drainage and terracing).
SECTION 11. Fills.
(a) General. Unless otherwise approved by the Building
Official and recommended in the approved soil
engineering report, fills shall conform to the
provisions of this section.
In the absence of an approved soil engineering
report, these provisions may be waived for minor
fills not intended to support structures.
Exceptions:
1. Fills excepted in Section 3, and where the
Building Official determines that compaction
is not a necessary safety measure to aid in
preventing saturation, settlement, slipping,
or erosions of the fill.
2. Where lower density and expansive types of
soil exist, then permission for lesser
compaction may be granted by the Building
Official upon showing of good cause under the
conditions provided herein.
(b) Fill location. Fill slopes shall not be constructed
on natural slopes steeper than two (2) to one (1)
or where the fill slope toes out within twelve
(12) feet horizontally of the top of existing or
planned cut slopes, except in the case of slopes
of minor height when approved by the Building
Official.
(c) Preparation of ground. The ground surface shall
be prepared to receive fill by removing vegetation,
noncomplying fill, topsoil, and other unsuitable
materials, scarifying to provide a bond with the
new fill, and, where slopes are steeper than five
(5) to one (1) and the height is greater than five
(5) feet, by benching into sound bedrock and other
competent material as determined by the soils
engineer. The bench under the toe of a fill on a
slope steeper than five (5) to one (1) shall be at
least ten (10) feet wide. The area beyond the toe
of fill shall be sloped for sheet overflow or a
paved drain shall be provided.
H
Where fill is to be placed over a cut, the bench
under the toe of fill shall be at least ten (10)
feet wide, but the cut must be made before placing
fill and approved by the soils engineer and
engineering geologist as a suitable foundation for
fill. Unsuitable soil is soil which, in the
opinion of the Building Official or the civil
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engineer or the soils engineer or the geologist,
is not competent to support other soil or fill, to
support structures, or to satisfactorily perform
the other functions for which the soil is intended.
(d) Fill material. Detrimental amounts of organic
material shall not be permitted in fills. Except
as permitted by the Building official, no rock or
similar irreducible material with a maximum
dimension greater than eight (8)pinches shall be
buried or placed in fills.
Exceptions: The Building Official may permit
placement of larger rock when the soils engineer
properly devises a method of placement, continuously
inspects its placement, and approves the fill
stability. The following conditions shall also
apply:
Prior to issuance of the grading permit,
potential rock disposal area(s) shall be
delineated on the grading plan.
Rock sizes greater than eight (8) inches in
maximum dimension shall be ten (10) feet or
more below grade, measured vertically.
Rocks greater than eight (8) inches shall be
placed so as to be completely surrounded by
soils; no nesting of rocks will be permitted.
(e) Compaction. All fills shall be compacted to a
minimum of ninety (90) per cent of maximum density
as determined by Uniform Building Code Standard
No. 70-1. Field density shall be determined in
accordance with Uniform Building Code Standard No.
70-2, or equivalent as approved by the Building
Official.
The final report and approval by the soils engineer
shall contain the type of field testing performed.
Each test shall be identified, located, and the
method of obtaining the in-place density, either
Uniform Building Code Standard No. 70-2, or
the approved equal, shall be so noted.
Sufficient maximum density determinations by test
method, Uniform Building Code Standard No. 70-1,
shall be performed during the grading operations
to verify the accuracy of the maximum density
curves used by the soils engineer.
(f) Slope. Unless otherwise approved by the Building
Official and recommended in the approved soil
engineering report, fill slopes shall be no steeper
than two horizontal to one vertical (2:1).
(g) Drainage and terracing. Drainage and terracing
shall be provided and the area above fill slopes
and the surfaces of terraces shall be graded and
paved as required by Section 13 (Drainge and
terracing).
(h) Utility line backfill. All backfill in utility
line trenches, both inside and outside -of the
building, shall be compacted and tested in
compliance with subsection (e) of this section and
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the soils engineer shall verify to the Building
Official that this backfilling has been
satisfactorily accomplished. Alternate methods of
filing and reduced compaction requirements may be
applied on certain projects when specified by the
soils engineer and approved by the Building
Official.
Exception: On single lot projects where no soils
engineer was required during grading of the site,
the Building Official may waive tested compaction
and allow the use of approved material which is
relatively selfcompacting. This material and the
method of placement must be approved prior to
backfilling.
SECTION 12. Setbacks.
(a) The tops and toes of cut and fill slopes shall be
set back from property boundaries as far as
necessary and as specified in Section 11(b) (Fill
location) of this Code for safety of the adjacent
properties and to prevent damage resulting from
water runoff or erosion of the slopes.
The tops and the toes of cut and fill slopes shall
be set back from structures as far as is necessary
for adequacy of foundation support and to prevent
damage as a result of water runoff or erosion of
the slopes.
Unless otherwise approved by the Building Official
based on recommendations in the approved soil
engineering and/or engineering geology report and
shown on the approved grading plan, setbacks shall
be no less than shown in Section 12(b) entitled
"Table No. 70-C."
Retaining walls may be used to reduce the required
setback when approved by the Building Offical.
I_—._......_
(b) Table No. 70-C.
,V7
b L. ,R....;
Drainage device may be re-
quired by the Building Of- 1
ficial.
Note: Property line refers
to the exterior prop-
erty line of the parcel
under permit.
'ERTY LINE Face of building foot-
i___�ing or other footing
6 Face of building or
/projection thereof y
Note: See footnotes for other
H criteria which may af-
fect setback from top
of slope.
SETBACK FROM SLOPES
0160
196
e No. 70-C, Continued
REQUIRED MINIMUM SETBACK
in
10 0 3 11/2 H/2, 10' max. 5 15 3 H/2,10' max.
5
Over 30 6 3 16 10 6 3 lb 10
I If drainage is carried on this side in an unimproved earth swale, the setback from
the top of the slope (or berm) to the face of the building or projectigh thereof is
7'0". This may be reduced to the tabular value if an improved drainage device is
used.
r The footings may be set closer to the top of the slope or on the slope if deepened
to provide the minimum tabular setback, measured horizontally from the bottom of
the footing to the face of the slope, and as required for stability.
s If the slope is flatter than five horizontal to one vertical (5:1) the setback required
is 2'0".
4 The tabular values may be enforced for natural slope conditions as determined by
the Building Official.
SECTION 13. Drainage and terracing.
(a) General. Unless otherwise indicated on the approved
grading plan, drainage facilities'and terracing
shall conform to the provisions of this section.
(b) Terrace. Terraces at least six (6) feet in width
shall be established at not more than thirty (30)
foot vertical intervals on all cut or fill slopes
to control surface drainage and debris. Suitable
access shall be provided to permit property cleaning
and maintenance.
Swales or ditches on terraces shall have a minimum
gradient of six (6) per cent and must be paved
with reinforced concrete, or approved equal, not
less than three (3) inches in thickness. They
shall have a minimum depth at the deepest point of
eighteen (18) inches and a minimum paved width of
five (5) feet.
A single run of swale or ditch shall not collect
runoff from a tributary area exceeding thirteen
thousand five hundred (13,500) square feet
(Projected) without discharging into a down drain.
(c) Subsurface drainage. Cut and fill slopes shall be
provided with approved subsurface drainage as
necessary for stability.
(d) Disposal. All drainage facilities shall be designed
to carry waters to the nearest practicable
drainageway approved by the Building Official
and/or other appropriate jurisdiction as a safe
place to deposit such waters. If drainage
facilities discharge onto natural ground, riprap
may be required.
At least two (2) per cent gradient towards approved
drainage facilities from building pads will be
required unless waived by the Building Official
for nonhilly terrain.
Exception: The gradient from the building pad may
be one (1) per cent where building construction
and erosion control will be completed before
hazardous conditions can occur.
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19'7
(e) Commercial and industrial drainage standards.
Drainage standards for industrial commercial
developments in nonhilly areas shall conform to
the following minimum standards:
Minimum Gradient (%)
A. Rough grade:
Earth at rough grade stage.... 0.5
B. Finished Grade:
Earth ......................... 1.0
Asphalt pavement (sheet flow).1.0
Concrete drain in earth area..0.5
Concrete gutter in asphalt
paved area .................... 0.3
All concentrated drainage in asphalt paved
areas shall be carried by approved concrete
drainage devices.
C. When asphalt concrete pavement is recommended
for parking lot surfacing or other similar
use by the civil engineer or architect, this
paving will conform to the following minimum
standards unless otherwise approved by the
Building Official.
For the purpose of this section, asphalt
concrete (AC), aggregate base (AB) prime
coat, tack coat, seal coat shall meet the
current standards of the City Engineering
Division and/or the approval of the Building
Official.
Pavement Structural Section
D. Parking lots:
Parking stall areas .............. 3"AC/6"AB
Commercial driveways, perimeter
drives and loading areas .... 3"AC/10"AB
Industrial driveways, perimeter
drives and loading areas .... 3"AC/12"AB
Subgrade preparation shall conform to the
provisions of Section 11(e).
Exception: In lieu of the above minimum
sections, the recommendations of the site
soils engineer, when approved by the Building
Official, may be used.
Where private streets are to be constructed
in connection with or as a part of any permit
issued by the City, the thickness of such
improvements shall be determined by soil
tests performed by the site soils engineer.
The soils engineer shall use the most current
method of pavement thickness design then in
use by the City Engineering Division or a
method acceptable to the Building Official,
and shall recommend such minimum structural
sections as required, and when approved by
the Building Official, these sections may be
used for private streets.
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Exception: When another governmental agency
is designated to assume the responsibility
for the construction of private streets, the
provisions of this section shall not apply.
F. The site soils engineer or the Building
Official's authorized agent shall inspect the
construction of all asphalt paved areas and
verify to the Building Official that the work
has been performed in compLaance with the
provisions of this section.
SECTION 14. Erosion Control.
(a) Slopes. The faces of cut and fill slopes shall be
prepared and maintained to control against erosion.
This control may consist of effective planting.
The protection for the slopes shall be installed
as soon as practicable and prior to calling for
final approval. Where cut slopes are not subject
to erosion due to the erosion -resistant character
of the materials, such protection may be omitted.
(b) Other devices. Where necessary, desilting basins,
check dams, cribbing, riprap or other devices or
methods as approved by the Building official shall
be employed to control erosion and provide safety
during the rainy season, from October 15th to
April 15th.
SECTION 15. Grading Inspections.
(a) General. All grading operations for which a
permit is required shall be subject to inspection
by the Building Official. When required by the
Building Official, special inspection of grading
operations and special testing shall be performed
in accordance with the provisions of Article 1,
Section 5 and Article 2, Section 15(c) (Engineered
grading requirements).
(b) Grading designation. All grading in excess of
Tive thousand (5,000) cubic yards shall be performed
in accordance with the approved grading plan
prepared by a civil engineer and shall be designated
as "engineered grading." Grading involving less
than five thousand (5,000) cubic yards shall be
designated "regular grading" unless the permittee,
with the approval oftheBuilding Official, chooses
to have the grading performed as "engineered
grading."
(c) Engineered grading requirements.
For engineered grading, it shall be the
responsibility of the civil engineer who
prepares the approved grading plan to
incorporate all recommendations from the soil
engineering and engineering geology reports
into the grading plan. He shall also be
responsible for the professional inspection
and approval of the grading within his area
of technical specialty. This responsibility
shall include, but need not be limited to,
inspection and approval as to the establishment
of line, grade and drainage of the development
=Ua
area. The project civil engineer and/or
general contractor shall act as the coordinating
agent in the event the need arises for liaison
between the other professionals and the
Building Official. The civil engineer shall
also be responsible for the preparation of
revised plans and the submission of as -graded
grading plans upon completion of the works.
The grading contractor shall submit in a form
prescribed by the Building Official a statement
of compliance to said as -built plan.
Soil engineering and engineering geology
reports shall be required as specified in
Chapter 70 of the Uniform Building Code.
During grading, all necessary reports,
compaction data and soil engineering geology
recommendations shall be submitted to the
civil engineer and the Building Official.
The soil engineer's area of responsibility
shall include, but need not be limited to,
the professional inspection and approval
concerning the preparation of ground to
receive fills, testing for required compaction,
stability of all finish slopes, and the
design of buttress fills, where required,
incorporating data supplied by the engineering
geologist.
The engineering geologist's area of
responsibility shall include, but need not be
limited to, professional inspection and
written approval of the adequacy of natural
ground for receiving fills and the stability
of cut slopes with respect to geological
matters, and the need for subdrains or other
groundwater drainage devices. He shall
report his findings to the soils engineer and
the civil engineer for engineering analysis.
The Building official shall expeditiously
inspect the project at the various stages of
the work requiring approval and at any more
frequent intervals necessary to determine
that adequate control is being exercised by
the professional consultants.
SECTION 16. Regular Grading Requirements.
The Building Official may require inspection and testing
by an approved testing agency.
The testing agency's responsibility shall include, but
need not be limited to, approval concerning the inspection of
cleared areas and benches to receive fill, and the compaction of
fills.
When the Building Official has cause to believe that
geologic factors may be involved, the grading operation will be
required to conform to "engineered grading" requirements.
SECTION 17. Notification of Noncompliance.
If, in the course of fulfilling their responsibility
under this chapter, the civil engineer, the soils engineer,
engineering geologist, or the testing agency finds that the work
is not being done in conformance with this chapter or the approved
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grading plans, the discrepancies shall be reported immediately in
writing to the person in charge of the grading work and to the
Building Official. Recommendations for corrective measures, if
necessary, shall be submitted.
SECTION 18. Transfer of Responsibility for Approval.
If the civil engineer, the soils engineer, the engineering
geologist, the testing agency, or the grading contractor of
record are changed during the course of the work, the work shall
be stopped unless:
(1) the owner submits a letter of notification verifying
the change of the responsible professional, with a
copy so noted, to be sent to the prior responsible
professional; and
(2) the new responsible professional submits in writing
that he assumes all responsibility within his
purview as of a specified date. Also, he must
state he has reviewed all prior reports and/or
plans (specified by date and title) and work
performed by the prior responsible responsible
professional; concurs with findings, conclusions,
and recommendations, and is satisfied with the
work performed. All exceptions must be justified.
SECTION 19. Site Inspection by the Building Official.
(a) site in and preinspection: Prior to the
approval of any building or grading plans and
specifications, the Building Official may inspect
the site to determine that the plans and
specifications are current and reflect existing
conditions. I£ a grading permit is not required,
a pre -inspection fee as specified in Section 8
shall be collected prior to the issuance of any
permit for this site.
(b) Inspection of excavation and fills: The permittee
or his agent shall notify the Building official
when the grading operation is ready for each of
the following inspections:
(1) Pre -grading inspection. When the permittee
is ready to begin work, but not less than two
(2) days before any grading or brushing is
started.
(2) Toe inspection. After the natural ground or
bedrock is exposed and prepared to receive
fill, but before fill is placed.
(3) Excavation inspection. After the excavation
is started, but before the vertical depth of
the excavation exceeds ten (10) feet.
(4) Fill inspection. After the fill placement is
started, but before the vertical height of
the fill exceeds ten (10) feet.
(5) Drainage device inspection. After forming of
terrace drains, down drains, or after placement
of pipe in subdrains, but before any concrete
is placed or filter material.
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(6) Rough grading. When all rough grading has
been completed. This inspection may be
called for at the completion of rough grading
without the necessity of the Building Official
having previously reviewed and approved the
reports.
(7) Final. When all work, including installation
of all drainage structures and other protective
devices, has been completed and the as -graded
plan, professional written approval, and the
required reports have been submitted.
(c) Revised grading Plan: If the inspector finds the
soil or other conditions not as stated in the
application for a grading permit, he may refuse to
approve further work until approval is obtained
for a revised grading plan which will conform to
the existing conditions.
(d) Other inspections: The provisions of Section 304
of the Uniform Building Code shall apply to all
grading work and whenever the Building Official
determines that the work does not comply with the
terms of the permit, or this Code, or that the
soils or other conditions are not as stated on
this permit, he may order the immediate cessation
of all work thereunder, and such work shall cease
until such corrections shall be complied with.
(e) Prior to the issuance of building permits for a
graded site, the rough grading shall be completed
to the satisfaction of the responsible engineers,
engineering geologist, and the Building Official.
(f) Whenever any work on which inspections are required
is covered or concealed by additional work without
first having been inspected, the Building Official
shall require, by written notice, that such work
be exposed for examination. The work of exposing
and recovering shall not entail or be subject to
expense to the City.
(g) Authority to stop work: Whenever any building
work or grading is being done contrary to the
provisions of this Code, the Building Official may
order the work stopped by notice in writing
served on any persons engaged in doing or causing
of such work to be done, and any such persons
shall forthwith stop such work until authorized by
the Building Official to proceed with the work.
The provisions of Sections 201, 202, 203, and 205
of the Uniform Building Code, as amended, shall be
construed to apply to grading construction work.
SECTION 20. Completion of Work.
(a) Final reports. Upon completion of the rough
grading work and at the final completion of the
work, the Building Official may require the following
reports and drawings and supplements thereto:
(1) An as -graded grading plan prepared by the
civil engineer, including original ground
surface elevations, as -graded ground surface
elevations, lot drainage patterns and locations,
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WIT
and elevations of all surface and subsurface
drainage facilities. He shall provide written
approval that the work was done in accordance
with the final approved grading plan.
(2) A soil grading report prepared by the soils
engineer, including locations and elevations
of field density tests, summaries of field
and laboratory tests and other substantiating
data, and comments on any opanges made during
grading and their effect on the recommendations
made in the soils engineering investigation
report. He shall provide written approval as
to the adequacy of the site for the intended
use, as affected by soil engineering factors.
(3) A geologic grading report prepared by the
engineering geologist, including a final
description of the geology of the site,
including any new information disclosed
during the grading, and the effect of same on
recommendations incorporated in the approved
grading plan. He shall provide written
approval as to the adequacy of the site for
the intended use as affected by geologic
factors.
(4) A statement of compliance to the as -built
grading plans, from the grading contractor.
The statement shall be submitted in a form
prescribed by the Building Official.
(b) Notification of completion. The permittee or his
agent shall notify the Building Official when the
grading operation is ready for final inspection.
Final approval shall not be given until all work,
including installation of all drainage facilities
and their protective devices and all erosion
control measures, have been completed in accordance
with the final approved grading plan and the
required reports have been submitted.
SECTION 21. Grading Board of Appeals.
(a) A Board of Appeals is hereby created. The Board
shall consist of the City Council of the City of
San Juan Capistrano.
(b) The Board shall have the power, upon an appeal by
an aggrieved person, to reverse, modify, or otherwise
alter the determinations and orders of the Building
official made pursuant to the procedure set forth
in Section 7 of this article, under such rules and
regulations as the Board may, from time to time,
adopt. The Building Official shall not participate
in the decision of the Board in such cases.
(c) The Board's decision on an appeal shall be furnished
in writing to the appellant and to the Building
Official, and all such decisions shall be final
immediately.
SECTION 22. Alternate Method.
(a) The provisions of this Code are not intended to
prevent the use of any material or method of
construction not specifically prescribed by this
Code, provided any such alternate has been
approved pursuant to this section.
:PWM
(b) The Building Official may approve any such alternate
provided he finds that the proposed design is
satisfactory and complies with the provisions of
this Code and that the material, method, or work
offered is for the purpose intended at least the
equivalent of that prescribed in this Code in
quality, strength, effectiveness and safety.
(c) The Building Official shall require that sufficient
evidence or proof be submitted to substantiate any
claims that may be made regarding its use.
(d) Whenever there is insufficient evidence of compliance
with the provisions of this Code or evidence that
any material or any construction does not conform
to the requirements of this Code, or in order to
substantiate claims for alternate material or
methods of construction, the Building Official may
require test as proof of compliance to be made at
the expense of the owner or his agent by an approved
agency.
(e) Test methods shall be specified by this Code for
the material in question. If there are no
appropriate test methods specified in this Code,
the Building Official shall approve the test
procedure. Copies of the results of all such
tests shall be retained for a period of not less
than two (2) years after the acceptance of the
grading.
SECTION 23. .Denial of Permit.
(a) Hazardous grading. The Building Official shall
not issue a permit in any case where he finds that
the work as proposed by the applicant is liable to
constitute a hazard to the public welfare or
endanger life or any private property or result in
the deposition of debris on any public way or
interfere with any existing drainage course.
If it can be shown to the satisfaction of the
Building Official that the hazard can be essentially
eliminated by the construction of retaining
structures, butress fills, drainage devices or by
other means, the Building Official may issue the
permit with the condition that such work be
performed.
(b) Geological or flood hazard. If, in the opinion of
the Building Official, the land area for which
grading is proposed is subject to geological or
flood hazard to the extent that no reasonable
amount of corrective work can eliminate or
sufficiently reduce the hazard to human life or
property, the grading permit and the building
permits for habitable structures shall be denied.
(c) Environmental effect, modification. The Building
Offical may require plans and specifications to be
modified in order to mitigate anticipated adverse
environmental effects of proposed grading projects
and he may, under circumstances where the significant
adverse environmental effects of a proposed grading
project cannot be mitigated, deny the issuance
of a grading permit.
-23-
204
SECTION 24. Repeal.
Ordinance No. 268 is hereby repealed.
EFFECTIVE DATE. This Ordinance shall take effect and
be in force 30 days after its passage.
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 ipf San Juan
Capistrano within 15 days after its passage.
PASSED, APPROVED AND ADOPTED this 2nd day of
August 1 1978 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Thorpe and
Buchheim
NOES: None
ABSENT: None
ABSTAIN: Counc Schwartze and Mayp) Friess
'KENNETH E. FRIESS, MAYOORR
ATTEST:
CITY CLj
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. 367 , which was introduced
at a meeting of the City Council of the City of San Juan Capistrano,
California, held on July 19 1 1978, and adopted at a
meeting held on August 2 1978 .
(SEAL)��ROVER, CITY CLERK
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