Apple Valley Municipal Code Ch. 8.12 California Building Code

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 558, adopted November 15, 2022, amended Ch. 8.12 in its entirety to read as herein set out. Former Ch. 8.12 pertained to the same subject matter, and derived from Ord. No. 489, adopted September 27, 2016, and Ord. No. 516, adopted October 8, 2019.

The California Building Code, Volumes 1 and 2, 2025 Edition, as published by the California Building Standards Commission, including the Appendix and the Standards referred to therein, is hereby adopted and made part of this Chapter by reference, with the following modifications:

Section 104.8. Liability.

The Building Official, or his/her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of act or omission in the discharge of such duties. A suit brought against the Building Official, agent or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.

The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of the jurisdiction.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code."

Section 105.5. Expiration

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 365 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one extension of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

If work has been suspended or abandoned past 180 days, the permit shall be expired and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.

Offsite Improvements is added to Chapter 1, Division II Subsection 105 to read as follows:

Section 105.8 Deadline for Onsite and/or Offsite Improvements.

Onsite and/or Offsite Improvements required by the terms of the Municipal Code, Development Code, or other ordinances or applicable policies or regulations adopted by the Town, must be completed and approved prior to occupancy or prior to connection of utilities. A cash deposit may be submitted in lieu of onsite improvements if necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike.

A cash deposit may be submitted in lieu of offsite improvements under the following conditions:

To facilitate preparations of the building(s) for an occupancy, utilities may be permitted to be connected provided the improvements are completed and approved prior to final occupancy approval.

If necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike, the cash deposit for the improvements may be increased to permit connection of the utilities and occupancy provided a Certificate of Occupancy will not be issued until the improvements are completed and approved."

Section 109.6 Refunds

Refund's for permits issued in error or permits issued for which no work has been started and have not been expired shall be determined by the Town Finance Department policy.

Section 110.1 Inspections General

To be amended to include. If work has not been completed for a requested inspection, plans are not available on site or access has not been provided a re-inspection fee shall be assessed as determined by the Building Official or his/her authorized representative.

Section 113.3. Board of Appeals Qualifications

The Town Council shall act as the Board of Appeals. Section 1505.1 Roof Covering Requirements

The roof covering on any structure regulated by this Code shall be Class "A" as classified in Section 1505.2. Exception: Repairs of and additions to existing structures which requires the replacement or addition of 25% or less of the total roof area may be made using material matching the existing roof.

Appendix Chapter J, of the California Building Code 2025 Edition is amended to read as follows:

SECTION J103 Permits Required

Section J103.1

No person shall do any grading without first having obtained a grading permit from the Building Official except for the following:

1. Cemetery Graves

2. Refuse disposal sites controlled by other regulations.

3. Excavations for wells or tunnels or utilities.

4. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in pressure upon any adjacent or contiguous property.

5. Exploratory excavations under the direction of soil engineers or engineering geologists.

6. Excavation for construction of a structure permitted under this code.

Section J103.3. Unsafe Grading Sites.

All sites which constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, or abandonment, or noncompliance with approved grading plans as specified in this Code are for the purposes of this Chapter unsafe grading sites. Further, whenever the Building Official determines by inspection that a site is dangerous to human life or property by reason of being located in an area which is unsafe due to a hazard from landslide, mudslide, settlement, displacement or slippage, such site shall for the purpose of this Chapter be considered unsafe, whether or not grading earth work has been performed. All such unsafe grading sites are hereby declared to be public nuisances and shall be abated by repair, in accordance with the procedures as set forth in Section 115 of the California Building Code Chapter 1 Division II and Section 8.10.120 of the Municipal Code."

SECTION J104

J104.2.1. Grading Designation.

Grading in excess of 5,000 cubic yards (3,825 m3) or that is proposed to support any structure shall be designated as "engineered grading." All engineered grading shall be performed in accordance with an approved grading plan and specifications prepared by a Civil Engineer, unless otherwise required by the Building Official.

Grading involving less than 5,000 cubic yards (3,825 m3) and that will not support any structure shall be designated "regular grading" unless the permittee chooses to have the grading be designated as engineered grading, or the Building Official determines that, due to the existence of special conditions or unusual hazards, the grading should be designated as engineered grading.

J104.2.2. Regular grading requirements.

In addition to the provisions of Section J104.2, an application for a regular grading permit shall be accompanied by two sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limits and depths of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading that may be affected by the proposed grading operations.

4. Contours, flow areas, elevations, or slopes which define existing and proposed drainage patterns.

5. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.

6. Location of all recorded floodways.

J104.2.3 Engineered Grading Requirements.

In addition to the provisions of Section 106 and Section J104.2, an application for a permit for engineered grading shall be accompanied by four sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report.

Specifications shall contain information covering construction and material requirements. 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 shall show in detail that the proposed work 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 depict the location of the proposed work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include or be accompanied by the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.

5. Location of any existing or proposed buildings or structures located on the property on which the work is to be performed and the location of any buildings or structures on adjacent properties that are within 15 feet (4,572 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations in the geotechnical report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.

7. The dates of the geotechnical and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.

8. A statement of the quantities of material to be excavated and/or filled. Earth work quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of the quantities of material to be imported or exported from the site.

9. A statement signed by the owner, acknowledging that a Field Engineer, Geotechnical Engineer, and Engineering Geologist, when appropriate, will be employed to perform the services required by this Code, when the Building Official requires that such professional persons be so employed.

10. Stormwater provisions are required to be shown on the grading plan.

11. A drainage plan for those portions of property proposed to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs, and fences that may affect drainage.

12. Location and type of any proposed private sewage disposal system, including the location of the expansion area.

13. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.

14. Location of all recorded floodways.

15. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.

SECTION J109 Drainage and Terracing

Section J109.5 Disposal.

All drainage facilities shall be designed to convey waters to the nearest practicable street, storm drain, or natural watercourse or drainage way approved by the Building Official or other appropriate governmental agency provided that the discharge of such waters at that location will not create or increase a hazard to life or property.

Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers, or other methods, as approved by the Building Official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap, or a similar energy dissipater may be required.

Building pads shall have a minimum drainage gradient of 2 percent toward an approved drainage facility or a public street unless otherwise directed by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the Building Official finds such modification will not result in a hazard to life or property.

SECTION J110. Erosion Control

Section J110.1.1. 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.

Section J110.1.2.2. Wind Erosion Control Plans Required

A written wind erosion control plan shall be submitted to the Building Official for approval prior to the issuance of a grading permit. This plan shall employ the use of one or more of the following measures:

Grading of tracts in small phases to minimize the amount of bare ground exposed at any one time;

The requirement to have water trucks on site and that they be used on a regular basis; The use of approved chemical additives to water stabilize the soil crust;

The use of hydro seeding.

The Building Official may at any time during or after grading has taken place require additional erosion measures be implemented if the measures contained in the wind erosion control plan are not achieving the desired result of preventing wind erosion of the soil.

Section J110.2.3. Water Erosion Control Plans Required

A written water erosion control plan shall be submitted to the Building Official for approval for any grading performed. Water erosion control measures shall be required to be in place during this time period for all active grading projects and, if the Building Official deems it appropriate, any previously graded projects.

A new Section J113 is hereby added to Appendix Chapter J of the Appendix to The California Building Code, 2025 Edition, to read as follows:

SECTION J112 Grading Compatibility Review

J112.1.1. Plans for single lot grading which are not part of a land subdivision grading plan shall be reviewed for approval by the Assistant Director of Community Development when any of the following exist:

Fills or cuts greater than 4 feet in height or depth from existing grade are proposed; or height is proposed; or

An area of 13,000 square feet or more is proposed to be graded unless:

It is determined by the Town Engineer that an area greater than 13,000 square feet is required to be graded for drainage purposed; or

The lot is 18,000 square feet or less in area with an average slope of five percent (5%) or less and the grading is necessary as determined by the Town Engineer to help reduce the amount of import or export of dirt required to grade the site; or

Grading is proposed on slopes having a fifteen percent (15%) or greater grade.

Section J112.1.2. Assistant Director of Community Development's review and subsequent approval of the grading plans shall be based upon the following findings:

That the proposed grading conforms to the Town's policy goal of preserving the extent feasible the natural contours of the land; and

That the proposed grading conforms to the Town's policy goal of minimizing land disturbance caused by grading; and

The proposed slope of the land complies with all applicable regulations and is not unreasonably severe; and

The proposal will not unreasonably interfere with light, air, or visibility of the general public or of adjacent neighbors; and

The proposal is planned so as to prevent unreasonable damage to or interference with surrounding property; and

The proposal is planning so as to avoid unreasonable interference with the health or safety of people.

Section J112.1.2.1. Any grading resulting in a retention area that retain more than 18 inches of water must percolate within 72 hours.

J112.1.3. The decision of the Director of Community Development shall be final unless appealed in writing to the Planning Commission. The letter of appeal accompanied by an appeal fee as set by the Town Council must be received by the Assistant Director of Community Development within 10 days of said decision. The determination of the Planning Commission shall be final.

A new Section J113 is hereby added to Appendix Chapter J of the Appendix of the California Building code, 2025 Edition, to read as follows:

SECTION J113 Clearing Permit

J113.1. Permits Required. A person shall not clear or grub any vacant lot, or any developed lot exceeding one-half acre in size, without first obtaining a clearing permit from the Town. In the event that a grading permit has been issued with respect to the property, no clearing permit shall be required for that portion of the property covered by the grading permit.

J113.2. Findings and Decision. An application for a clearing permit shall not be approved unless the Building Official determines that the proposed clearing and grubbing will not result in significant blowing dust or erosion of topsoil.

J113.3. Exemptions. Persons shall be exempt from this Section in the event that:

They are required to remove vegetation at the request of the Apple Valley Fire Protection District, San Bernardino County Flood Control District or any other appropriate governmental agency. This shall be done by mowing, not ground disturbance; or

The proposed grading activity is part of an existing bona fide agricultural activity; or grading/clearing activity is required to perform a new bona fide agricultural activity. A bona fide agricultural activity must be served by a water distribution system adequate for the proper operation of such activity.

(Ord. No. 558, § 5, 11-15-2022; Ord. No. 572, § 5, 12-9-2025)