Ordinance Number 655ORDINANCE NO. 655
AMENDMENT TO TITLE 8
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 8 'BUILDING REGULATIONS" OF
THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE
1988 EDITIONS OF THE UNIFORM BUILDING CODE, THE
UNIFORM MECHANICAL CODE, THE UNIFORM PLUMBING CODE,
THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, THE
UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS,
THE UNIFORM HOUSING CODE AND THE 1990 EDITION OF THE
NATIONAL ELECTRICAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Uniform Codes Adoption.
Title 8 'Building Regulations", Chapters 1 through 8, of the Municipal Code is
amended to read as follows:
TITLE 8.
"BUILDING REGULATIONS"
CHAPTER 1.
UNIFORM BUILDING CODE
Sec. 8-1.01 Adoption.
The Uniform Building Code, 1988 Edition, published by the International
Conference of Building Officials (ICBO), including the entire appendix thereto; the
Uniform Building Code Standards, 1988 Edition, published by ICBG; and the 1989
Supplement to the Uniform Building Code and Uniform Building Code Standards are
hereby adopted by reference and made a part of this Chapter as though set forth in this
Chapter in full. Said Codes shall be known as the Uniform Building Code of the City.
Sec. 8-1.02 Exemptions from Building Permit Requirements.
Section 301(b)(2) is hereby amended to read as follows:
301(b)(2). Fences not over three (3) feet high.
Sec. 8-1.03 Permit Fees.
(a) Table 3-A is amended in its entirety to read as follows:
Table 3-A
Building Permit Fees
Total
Valuation
Fee
$1.00 to $500.00
$25.00
$501.00 to $2,000.00
$25.00 for the first $500.00 plus $2.00
for each
additional $100.00, or fraction thereof,
to and
including $2,000.00.
$2,001.00 to $25,000.00
$55.00 for the first $2,000.00 plus $9.00
for each
additional $1,000.00 or fraction thereof,
to and
including $25,000.00
$25,001.00 to $50,000.00
$285.00 for the first $25,000.00 plus $7.00
for each
additional $1,000.00, or fraction thereof,
to and
including $50,000.00.
$50,001.00 to $100,000.00
$460.00 for the first $50,000.00 plus $5.00
for each
additional $1,000.00 or fraction thereof,
to and
including $100,000.00.
$100,001.00 to $500,000.00
$710.00 for the first $100,000.00 plus $4.00
for each
additional $1,000.00 or fraction thereof,
to and
including $500,000.00.
$500,001.00 to
$2,310.00 for the first $500,000.00, plus $3.00 for each
$1,000,000.00
additional $1,000.00, or fraction thereof,
to and
including $1,000,00.00.
$1,000,001.00 and up
$3,810.00 for the first $1,000,000.00 plus
$2.00 for
each additional fraction thereof.
Other inspection Fees
1. Inspections outside of normal business hours
(minimum
charge - two hours) ......... $30.00 per hour*
2. Reinspection fees assessed under provisions
of Section 305(g) ..................... $30.00 per hour*
3. Inspections for which no fee is specifically
indicated............................$30.00 per hour*
4. Additional plan review required by changes,
additions or revisions to approved plans
(minimum charge - one-half hour) ...... $30.00 per hour*
5. Permit issuance fee ...........................$15.00
6. Supplemental permit issuance fee ................ $4.50
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*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages, and fringe benefits
of the employees involved.
(b) Table 3-H is amended in its entirety to read as follows:
50 cubic yards or less
51 to 100 cubic yards
101 to 1,000 cubic yards
1,001 to 10,000 cubic yards
TABLE 3-H
Grading Permit Fees
$15.00
$50.00 for the first 50 cubic yards plus
$10.00 for each additional 10 cubic yards
or fraction thereof.
$100.00 for the first 100 cubic yards plus
$20.00 for each additional 100 cubic
yards or fraction thereof.
$280.00 for the first 1,000 cubic yards
plus $20.00 for each additional 1,000
cubic yards or fraction thereof.
10,001 to 100,000 cubic yards $460.00 for the first 10,000 cubic yards,
plus $40.00 for each additional 10,000
cubic yards or fraction thereof.
Other Inspection Fees
1. Inspections outside of normal business
hours ...............................$30.00 per hour*
2. Reinspection fees assessed under provisions
of Section 305(8) ..................... $30.00 per hour*
3. Inspections for which no fee is
specifically indicated . ................ $30.00 per hour*
4. Permit issuance fee ...........................$15.00
5. Supplemental permit issuance fee ................ $4.50
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages, and fringe benefits
of the employees involved.
The fee for a grading permit authorizing additional work to that under a valid
permit shall be the difference between the fee paid for the original permit and the
fee shown for the entire project.
(c) Table 3-1 is added to read as follows:
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Table 3-I
Swimming Pool, Spa and Hot Tub Fees
Schedule of Fees
Permit issuance for issuing each permit .............. $15.00
Permit issuance for each supplemental permit .......... $4.50
Unit fee schedule:
Swimming pool ..........................per Table 3-A
Private pool.. ...........................$30.00
Each Spa or Hot Tub...........................$30.00
Mechanical.............................per Table 3-C
Electrical....................................$10.00
Plumbing ...................................$10.00
(d) Table 3-J is added to read as follows:
Table 3-J
On -Site Improvements
Permit Fee
Valuation
$0 to $1,000.00 $10.00
$1,001.00 to $25,000 $10.00 for the first $1,000.00 of value, plus $10.00 for
each additional $1,000.00 or fraction thereof, up to
and including $25,000.
$25,001.00 to $50,000.00 $250.00 for the first $25,000.00 of value, plus $8.00 for
each additional $1,000.00, or fraction thereof, of value
up to and including $50,000.00.
$50,001.00 to $100,000.00 $450.00 for the first $50,000.00 of value, plus $5.00 for
each additional $1,000.00, or fraction thereof, of value
up to and including $100,000.00.
$100,001.00 to $500,000.00 $700.00 for the first $100,000.00 of value plus $2.00
for each additional $1,000.00, or fraction thereof, of
value up to and including $500,000.00.
$500,000.00 and higher $1,500.00 for the first $500,000.00 of value, plus $1.00
for each additional $1,000.00 or fraction thereof, of
value above $500,000.00.
(e) Paragraph 3 is added to Section 304(b) to read as follows:
A fee for each grading permit shall be paid to the Building Official as set forth
in Table 3-H. Separate permits and fees shall apply to retaining walls, drainage
structures, or other on-site improvements as required elsewhere in this Code. For
excavation and fill on the same site, the fee shall be based on the volume of excavation
or fill, whichever is greater.
follows:
Sec. 8-1.04 Plan Review Fees.
Paragraph two (2) of Subsection 304(c), Plan Review Fees, is amended as
The plan review fees for electrical, mechanical, plumbing and swimming
pools, spas and hot tubs, shall be 65 percent of the total permit fee as set forth
in tables Nos. 3B, 3C, 3D, and 31.
Paragraph three (3) of Section 304(c), Plan Review Fees, is amended by adding
the following:
follows:
When a grading plan or other grading data are required to be submitted, a
grading plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be sixty-five (65%)
percent of the grading permit fee. Separate plan review fees shall apply to
retaining walls, drainage devices, and on-site improvements, as required
elsewhere in this code. The plan review fee for on-site improvements shall be
sixty-five (65%) percent of the permit fee.
Sec. 8-1.05 Microfilming fee.
Paragraph (g), Microfilming Fee, is added to Section 304, Fees, to read as
Each applicant shall pay a minimum microfilm fee of One and no/100ths
($1.00) Dollar per sheet for permit applications, plans, specifications,
calculations, soil reports, and all pertinent data required to be maintained by
City or State laws. No sheet shall exceed thirty-six (36") inches in width or
forty-five (45") inches in length.
Sec. 8-1.06 Penalty fees.
Paragraph (h), Penalty Fees, is added to Section 304, Fees, to read as follows:
The following fees shall be paid as a penalty:
(a) For any check returned unpaid which was issued in
payment for any building fee prescribed by this Code ........ $30.00
(b) For the reinstatement of permission to proceed
with construction following the issuance of a stop work
notice.................................................$10.00
Sec. 8-1.07 Restriction on Hours of Operation.
Section 309, entitled "Restrictions on Hours of Operations" is hereby added to
the Uniform Building Code to read as follows:
On-site building operations and the delivery of any materials, supplies, or
construction equipment related directly or indirectly to on-site building
operations located within one-half mile of a structure for human occupancy
shall be conducted only between the hours of 7:00 a.m, and 6:00 p.m. Monday
through Friday and between the hours of 8:30 a.m. and 4:30 p.m. on Saturdays.
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The Building Official is authorized to grant written waivers as to these
time restrictions providing the Building Official determines that such building
operations, or the delivery of material, supplies and construction equipment
are not detrimental to the health, safety or welfare of the inhabitants of any
habitable structure within one-half mile of the building site. The permitted
hours of operation may also be shortened by the Building Official on his finding
of a previously unseen effect on the health, safety or welfare of the
community. On-site building operations and the delivery of material, supplies
and construction equipment relating directly or indirectly to on-site building
activity is prohibited on Sundays and on any federal holiday.
Sec. 8-1.08 Certificate of Occupancy.
Paragraph (a) of Section 308 (Use or Occupancy) of the Uniform
Administrative Code is amended to read as follows:
Sec. 308(a). Use or Occupancy. No building or structure of Groups A, B,
E, H, 1, M (except for fences or retaining walls), or R shall be used or occupied,
and 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.
Sec. 8-1.09 Underground utilities.
Section 110 is added to the Uniform Administrative Code to read as follows:
Sec. 110. 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 or parcel or property 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 an existing
main building is subject to the requirements of subsection (b) of Section
104 of this Code; or
(c) A residential building or use is converted to any
nonresidential use or purpose.
For the 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 with 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 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 a written application by any affected property owner. The
Building Official shall notify the 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 the 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 aboveground.
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 such appeal. The
City Council may overrule, modify, or affirm the decision of the Building
Official.
Sec. 8-1.10 Fire Resistive Substitution.
Section 508 of the 1988 Edition of the Uniform Building Code is amended to
read as follows:
Section 508. Where one-hour fire resistive construction throughout is
required by this code, an approved automatic sprinkler system, as specified in
Chapter 38, may be substituted, provided such system is not otherwise required
throughout the building.
EXCEPTIONS:
1. An approved automatic sprinkler system required by Section 3802(bX5)
may be substituted.
2. Such substitution shall not waive nor reduce required fire resistive con-
struction for:
a. Occupancy separations (Section 503(c)).
b. Exterior wall protection due to proximity of property lines (Section
504(b)).
C. Area separations (Section 505(e)).
d. Shaft enclosures (Section 1706).
e. Corridors (Section 3305(g) and (h)).
I. Stair enclosures (Section 3309).
g. Exit passageways (Section 3312(a)).
h. Type of construction separation (Section 1701).
i. Atriums constructed in accordance with Section 1715.
Sec. 8-1.11 Fire Extinguishing Systems.
Item 5 is added to Section 3802(b) "Automatic Fire Extinguishing Systems" to
read as follows:
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5. In all new buildings (or groups of buildings separated by yards of less than
5 feet in the least dimension), over 2 stories in height or in which the sum of
the area of all floors is greater than 6,000 square feet.
Sec. 8-1.12 Roof Coverings.
Section 3202(b) (Fire Retardancy, When Required) is amended to read:
(b) Fire Retardancy, When Required. Roof coverings shall be fire
retardant, except that when re -roofing the following criteria apply:
a Minor repairs and/or re -roofing not exceeding
ten (10%) percent of the total roof area, with the prior
approval of the Building Official, and notwithstanding other
provisions of this Code, may be made using like materials on
the remainder of the roof.
b. When re -roofing exceeds ten (10%) percent but is
less than fifty (50%) percent of the total roof area, the re -
roofed portion shall comply with the provisions of this code.
When re -roofing exceeds (50%) percent of the total roof area, the entire
roof shall be upgraded to comply with the provisions of this Code.
Sec. 8-1.13 Smoke Detectors.
Subsection 1210(a) of the Uniform Building Code is amended by adding the
following paragraphs:
In existing Group R, Division 2 and 3 Occupancies, the entire building shall be
provided with smoke detectors located as required for new Group R, Divisions 1 and 3
Occupancies.
In all existing Group R, Division I Occupancies, the entire building shall be
provided with smoke detectors, located as required for new Group R, Division 1
Occupancies, on or before February 21, 1982. Smoke detectors may be battery operated
when installed in existing buildings.
CHAPTER
GRADING CODE
Sec. 8-2.01 Adoption.
For the purpose of safeguarding life, limb, property and the public welfare by
regulation grading on private property in the City, Appendix Chapter 70 of that certain
code known as the Uniform Building Code, 1988 Edition, published by the International
Conference of Building Officials, three (3) copies of which are on file in the City Clerk's
Department for public record and inspection, is hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full, subject, however, to the
amendments set forth in this chapter; and said code shall be known as the Grading Code
of the City.
Sec. 8-2.02 Grading fees.
Section 7007, Grading Fees, together with Table 70-A, and Table 70-B, is
deleted in its entirety.
Sec. 8-2.03 Permits required.
Section 7003 shall read in its entirety as follows:
SECTION 7003. No person shall do any grading of any kind, or
excavation or drilling for soils testing purposes without first having obtained a
grading permit from the Building Official, except for the following:
1. An excavation below finished grade for basements and footings of a
building, retaining wall, or other structure authorized by a valid
building permit. This shall not exempt any fill made with the
material from such excavation nor exempt any excavation having
an unsupported height greater than five (5) feet after completion of
such structure.
2. Cemetery graves.
3. Excavation for utilities.
4. An excavation which does not exceed 50 cubic yards on any one site
and (a) is less than two (2) feet in depth; or, (b) which does not
create a cut slope which is greater than five (5) feet in height and
steeper than two (2) horizontal to one (1) vertical.
5. A fill less than one (1) foot in depth and placed on natural terrain
with a slope flatter than five (5) horizontal to one (1) vertical, or
less than three (3) feet in depth, not intended to support structures,
which does not exceed 50 cubic yards on any one lot and does not
obstruct a drainage course.
Sec. 8-2.04 Grading permit requirements.
Section 7006 is amended by addition sub -paragraph (h) to read as follows:
(h) Permits: Denial.
(1) Hazardous grading. The Building Official shall not issue a grading
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 deposit 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, buttress fills, or drainage devices or by other means, the Building
Official may issue the permit with the conditions under which such work shall
be performed.
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(2) Geological or flood hazards. If, in the opinion of the Building
Official, the land area for which the grading is proposed is subject to
geological or flood hazards to the extent that no reasonable amount of
corrective work can eliminate or sufficiently reduce the hazards to human life
or property, the grading permit and the building permits for habitable
structures shall be denied.
(3) Environmental effects: Modifications. The Building Official may
require plans and specifications to be modified in order to mitigate the
anticipated adverse environmental effects of proposed grading projects, and he
may deny the issuance of a grading permit under circumstances where the
significant adverse environmental effects of a proposed grading project cannot
be mitigated.
(4) Winter grading. The Building Official may deny the issuance of a
grading permit for work to be done during the period from October 15 through
April 15 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 deposit of debris on any public way, or
interfere with any existing drainage course.
Section 7006 is amended by adding sub -paragraph (i) to read as follows:
(i) Utility lines: Backfilling. All backfill in utility line trenches, both
inside and outside the building, shall be compacted and tested in compliance
with subsection (f) of this section, and the soils engineer shall verify to the
Building Official that such backfilling has been satisfactorily accomplished.
Alternate methods of filling and reduced soil compaction requirements may be
applied on certain projects when specified by the soils engineer and approved
by the Building Official.
On single lot projects where no soils engineer was required during the
grading of the site, the Building Official may waive the testing of compaction
and allow the use, of approved materials which are relatively self -compacting.
Such materials and the method of placement shall be approved prior to the
backfilling.
Sec. 8-2.05 Bonds.
Section 7008 is amended in its entirety to read as follows:
Section 7008. (a) Bonds Required. The permits required by the provisions
of this chapter 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 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. Such bonds shall be 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 a letter of
credit drawn on a bank and approved by the City Attorney.
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(b) Exceptions. 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 fully amount.
No bond shall be required when the Building Official determines that 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.
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.
(c) Condition. Every bond shall include conditions that the permittee
shall:
(1) Comply with all of the provisions of this chapter and
other applicable laws;
(2) Comply with all the terms and conditions of the permit
for excavations or fills to the satisfaction of the Building Official;
and
(3) 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.
If the Building Official extends the time of the permit, no such
extension shall release the surety upon the bond.
(d) Failure to complete the work. The term 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 the necessary costs and expenses
which 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, such deposit,
or any unused portion thereof, shall be refunded to the permittee.
(e) Defaults in performance of conditions. Whenever the Building
Official finds or determines that a default has occurred in the performance of
any requirements of a condition of the permit, 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 costs thereof, and the period of time
deemed by the Building
Official to be reasonably necessary for the completion of such work.
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After the receipt of such notice, the surety, within the time specified,
shall cause or require the work to be performed or, failing therein, shall pay
over to the Building Official the estimated costs of doing the work as set forth
in the notice. Upon the receipt of such moneys, the Building Official shall
cause the required work to be performed and completed.
(f) Substitutions. A substitute bond or letter of credit may be filed in
lieu of the bond or letter of credit required by the provisions of this section,
and the Building Official may accept such substitute bond or letter of credit if
it is suitable to insure the completion of the work remaining to be performed
and in proper form and substance. The bond or letter of credit for which it is
substituted may be exonerated if the Building Official finds that the conditions
of such bond or letter of credit for which a substitute has been filed have been
satisfied and that no default exists as to the performance upon which such
bond or letter of credit is conditioned.
Sec. 8-2.06 Bonding requirements for property restoration
The Building Official is authorized to require additional bonding as security to
ensure against adverse aesthetic impacts arising from uncompleted grading and/or
improvements from development projects which have not been completed. The purpose
of the bonding shall be to restore property to its original condition in the event that a
developer has initiated grading and/or the construction of improvements (such as
retaining walls, drainage improvements, parking lots, etc.), but has failed to complete
the development, or any part thereof, within prescribed time limits.
This bonding requirement shall be imposed where the Building Official finds
that the proposed project site is highly prominent and visible to the community, or has
unique topographical features, or involves substantial grading of slope areas.
The Building Official shall implement the requirements of this section by
requiring the execution of a surety agreement and appropriate bonding requiring the
developer to undertake the restorative grading work as a condition of the permit. The
Building Official is further authorized to execute all surety agreements for grading
activity on behalf of the City.
Sec. 8-2.07 Drainage, terracing, and on-site improvements
Section 7012 (Drainage and Terracing) is amended as follows:
(a) Amend the title to read "Drainage, Terracing, and On-site
Improvements."
(b) Add sub -paragraphs (f) and (g) to read as follows:
(f) Commercial and industrial drainage standards.
Drainage standards for industrial or commercial developments in non -
hilly areas shall conform to the following minimum standards:
Rough Grade Minimum Gradient
Earth at rough grade state 0.5%
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Finished Grade
Earth
Asphalt pavement (sheet flow)
Concrete drain in earth
Concrete gutter in asphalt paved area
Minimum Gradient
All concentrated drainage in asphalt paved areas shall be carried by
approved concrete drainage devices.
(g) Pavement: Standards. When asphalt concrete
pavement is recommended for parking lot surfacing or other similar use
by the civil engineer or architect, such paving shall conform to the
minimum standards set forth in this subsection, unless otherwise
approved by the Building Official.
For the purposes of this section, the asphalt concrete (AC),
aggregate base (AB) prime coat, tack coat, and seal coat shall meet the
current standards of the Engineering Division and/or the approval of the
Building Official.
Area Pavement Structural Section
Parking stall areas 3" AC/6" AB
Commercial driveways, perimeter
drives and loading areas 3" AC/ 12- AB
In lieu of the minimum sections sest forth in this subsection, the
recommendations of the site soils engineer, when approved by the
Building Official, may be used.
Sec. 8-2.08 Grading inspection
Section 7014 (Grading Inspection) is amended by adding paragraph (g) to read
as follows:
Section 7014(g) Site inspections and pre -inspections. Prior to the
approval of the building and grading plans and specifications required by this
chapter, the Building Official may inspect the site to determine that the plans
and specifications are current and reflect existing conditions. If a grading
permit is not required, a pre -inspection fee shall be collected prior to the
issuance of any permit for such site.
Inspections 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 inspections. When the permittee is ready
to begin work, but not less than two (2) days before any grading or
brushing is started;
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(2) Toe inspections. After the natural ground or bedrock is
exposed and prepared to receive the fill, but before the fill is placed;
(3) Excavation inspections. After the excavation is
started, but before the vertical depth of the excavation exceeds ten (101)
feet;
(4) Fill inspections. After the fill placement is started, but
before the vertical height of the fill exceeds the (101) feet;
(5) Drainage device inspections. After the forming of
terrace drains or down drains or after the placement of pipe in subdrains,
but before any concrete or fill material is placed;
(6) Rough grading inspections. When all rough grading has
been completed. Such inspections may be called for at the completion of
the rough grading without the necessity of the Building Official having
previously reviewed and approved the reports; and
(7) Final inspections. When all work, including the
installation of all drainage structures and other protective devices, has
been completed and the as -graded plans, professional written approval,
and the required reports have been submitted.
The provisions of Section 305 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
chapter, or that the soil or other conditions are not as set forth in the
permit, he may order the immediate cessation of all the work
thereunder, and such work shall cease until such corrections shall be
complied with.
Sec. 8-2.09 Completion of work.
Section 7015 (Completion of Work) is amended by adding the following
paragraph:
(c) Rough Grade Certification. 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.
Sec. 8-2.10 Import or export.
Chapter 70 of the Uniform Building Code is amended by adding Section 7016 to
read as follows:
Section 7016. Earth transportation. (a) Where an excess of 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 of the following requirements shall apply: .
1. Either a water or a dust palliative, or both, shall be
applied for the alleviation or prevention of excessive dust resulting from
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the loading or transportation of earth from or to the project site on
public roadways. The permittee shall be responsible for maintaining the
public rights-of-way used for handling purposes in a condition free of
dust, earth, and debris attributed to the grading operation.
2. The loading and transportation of earth from or to the
site shall be accomplished between 7 a.m, and 6 p.m. on Monday through
Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday
afternoon work hours may be extended up to 4:30 p.m. only with the prior
approval of the Building Official. Such approval shall be based upon the
consideration of the haul routes, noise and dust factors, proximity to
residences, and similar criteria. No earth loading or transportation shall
be permitted on Sundays or on Federal holidays.
3. Access roads to the premises shall be only at points
designated on the approved grading plan.
4. The last fifty (501) feet of the access road, as it
approaches the intersection with the public roadway, shall have a grade
not to exceed three (3%) percent. There shall be a 300 foot clear,
unobstructed sight distance to the intersection from both the public
roadway and the access road. If the 300 foot sight distance cannot be
obtained, flagmen shall be posted.
5. A stop sign conforming to the provisions of Section
21400 of the Vehicle Code of the State shall be posted at the entrance of
the access road to the public roadway.
6. An advance warning sign with the words 'Truck
Crossing" shall be posted on the public roadway 400 feet on either side of
the access intersection. Such sign shall be diamond in shape, each side
being thirty (30") inches in length, and 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 (51) feet above the pavement level. The advance
warning sign shall be covered or removed when the access intersection is
not in use.
CHAPTER 3
ELECTRICAL CODE
Sec. 8-3.01. Adoption.
That certain code known as the National Electrical Code, 1990 Edition,
published by the National Fire Protection Association, three (3) copies of which are on
file in the City Clerk's Office for public record and inspection, is hereby adopted by
reference and made a part of this Chapter as though set forth in this Chapter in full.
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CHAPTER 4
MECHANICAL CODE
Sec. 8-4.01. Adoption.
That certain code known as the Uniform Mechanical Code, 1988 Edition, pub-
lished by the International Association of Plumbing and Mechanical Officials, including
appendices thereto and the 1989 supplement to the Uniform Mechanical Code, three (3)
copies of which are on file in the City Clerk's Office for public record inspection, is
hereby adopted by reference and made a part of this Chapter as though set forth in the
Chapter in full.
CHAPTERS
PLUMBING CODE
Sec. 8-5.01. Adoption
That certain code known as the Uniform Plumbing Code, 1988 Edition,
published by the International Association of Plumbing and Mechanical Officials,
including the entire appendices thereof, three (3) copies of which are on file in the City
Clerk's Office for public records inspection is hereby adopted by reference and made a
part of this Chapter as though set forth in full.
Sec. 8-5.02. Solar Heating Installation.
Section 1326 is hereby added to the Uniform Plumbing Code to read as follows:
Section 1326. Solar Water Heating Installation.
(a) It is the policy of the City to encourage and promote the use of
solar energy systems for water heating purposes.
(b) Installation. All solar energy systems used for water heating
purposes shall be installed in such a manner as to maximize adverse visual and
aesthetic impacts.
(c) Requirements. In general, each installed system shall be custom
designed for its intended installation and use. The design shall consider such
factors as the following:
(1) The solar panels shall generally face due south.
(2) The solar panels shall generally have an inclination from the
horizontal of approximately thirty-three (330) degrees.
(3) The solar panels shall be installed so that they will not be shaded by
surrounding trees, vegetation, or buildings.
(4) Consideration shall be given to the protection of the solar panels
from the wind in order to minimize heat loss due to convection.
(5) If a rack is required to provide for the proper installation of the
solar panels, the materials and design of the rack shall be such as to
harmonize with its surroundings and shall be as unobtrusive as possible.
(6) Color and reflectivity of the completed installation shall comply,
to the greatest extent practicable, with the requirements of Title 9 of
the City of San Juan Capistrano Municipal Code. Care shall be taken to
eliminate or minimize reflected glare which could adversely affect
surrounding premises.
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M1
CHAPTER 6
SWIMMING POOL, SPA, AND HOT TUB CODE
Sec. 8-6.01. Adoption.
That certain code known as the Uniform Swimming Pool, Spa and Hot Tub
Code, 1988 Edition, published by the International Association of Plumbing and
Mechanical Officials, three (3) copies of which are on file in the City's Clerk's Office for
public record inspection, is hereby adopted by reference and made a part of this Chapter
as though set forth in full.
Sec. 8-6.02. Fences, Gates and Covers.
Chapter 5 is added to the Uniform Swimming Pool, Spa, and Hot Tub Code to
read as follows:
Section 501 Fences and Gates. All swimming pools shall be enclosed by a
permanent fence, of a design satisfactory to the Building Official, having a
height of not less than five (51) feet measured at any point on the outside of
the fence.
All gates installed in the swimming pool fencing shall be at least five (5')
high and shall be of the self-closing and self -latching type.
All swimming pool fencing and gates shall have been installed and
satisfactorily inspected prior to filling the swimming pool.
Section 502 Covers. All swimming pools shall be equipped with a cover which
meets the following minimum requirements:
(a) The cover may be opaque or translucent.
(b) The cover shall have a minimum thickness of four (4) mils (0.004 inch).
(c) The cover shall have been manufactured for and intended for use as a
swimming pool cover.
(d) The cover shall have a minimum three (3) year guarantee.
(e) The cover shall be on the pool at the time of the final inspection.
CHAPTER
HOUSING CODE
Sec.8-7.01. Adoption.
That certain code known as the Uniform Housing Code, 1988 Edition, published
by the International Conference of Building Officials, three (3) copies of which are on
file in the City Clerk's Office for public record inspection, is hereby adopted by
reference and made a part of this Chapter as though set forth in full.
Sec.& -7.02. Exceptions.
The provisions of this Chapter and said Uniform Housing Code shall not apply
to buildings and structures which are included in the Inventory of Historical and
Culturally Significant Structures, Objects, and Sites.
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E
CHAPTERS
DANGEROUS BUILDING CODE
Sec. 8-8.01. Adoption.
That certain code known as the Uniform Code for the Abatement of Dangerous
Buildings, 1988 Edition, published by the International Conference of Building Officials,
three (3) copies of which are on file in the City Clerk's Office for public record
inspection, is hereby adopted by reference and made a part of this Chapter as though set
forth in full.
Sec. 8-8.02 Exceptions.
The provisions of this Chapter and said Dangerous Building Code shall not
apply to buildings and structures which are included in the Inventory of Historical and
Culturally Significant Structures, Objects, and Sites.
SECTION 2.
Chapter 9 of Title 8, entitled "Dangerous Building Code" is repealed in its
entirety. Chapter 9 of Title 8 is now entitled "Home Warranty Program'. Chapter 10 of
Title 8 is now entitled "Soils Warranty Program". Chapter 11 of Title 8 is now entitled
"Floodplain Management Regulations".
passage.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. 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 is 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 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.
1990.
ATTEST:
ITY CLF
PASSED, APPROVED, AND ADOPTED this 2nd day of January ,
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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. 655 which was introduced at a meeting of the City Council
of the City of San Juan Capistrano, California, held on December S ,
1989, and adopted at a meeting held on January 2 _, 1990, by the
following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY ANrANOVER, CITY CLERK
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