San Clemente Municipal Code Ch. 15.04 Administrative Provisions

The City Manager shall, with the approval of the City Council, appoint a Building and Safety Superintendent for the City, who shall receive as compensation for his or her services such fees or compensation as shall be determined by the City Council.

(Prior code § 23-1)

It shall be the duty of the Building and Safety Superintendent to furnish to each person contemplating the construction of any building or structure within the City, or to any person contemplating installation or repair of any electrical wiring or equipment, plumbing or drainage systems, heating, ventilating, refrigeration or air conditioning facilities within the City a permit for such work upon the terms and conditions set forth in this code. The Building and Safety Superintendent shall inspect in a thorough manner all buildings and facilities being erected or installed in the City to see that the construction and installation conforms to the requirements of this code and it shall be his or her duty to see that the terms and provisions of this code are complied with. The Building and Safety Superintendent shall examine all plans and specifications of contemplated buildings and improvements, alterations and repairs that are filed with the Building Department and see that they conform with this code before issuing a permit therefor.

(Prior code § 23-2)

A. .....Prior to the issuance of a building permit for any residential development, the applicant shall be required to certify, on a form approved by the Building Official, that the proposed development complies with any declaration of covenants, conditions, and restrictions (CC&Rs) applicable to the property. Except as provided in subsection B of this section, when the approval of a homeowners' association, architectural review committee or art jury (collectively "association") is required for such development under the CC&Rs, the applicant shall also provide to the Building Official a document signed by an authorized representative of the association stating that such approval has been obtained and identifying the plans in sufficient detail to enable the Building Official to verify that the plans approved by the association are substantially the same as the plans being reviewed by the City. If the exterior architectural treatment, size, location, or elevations of the plans being reviewed by the City are substantially revised after the date that the applicant submits the required certification and association approval, the Building Official shall require that such certification and, if required, such approval be resubmitted on the basis of revised plans. The Building Official may, but shall have no duty to require the building permit applicant to submit supporting information and to investigate the surrounding facts and circumstances to determine if the applicant's certification is correct and the authorization is valid.

Exception: The City shall not condition approval of a solar energy system (as defined in Section 801.5(a) of the California Civil Code) permit application on the approval of an association (as defined in Section 4080 of the California Civil Code).

B. .....Notwithstanding the provisions of subsection A of this section, no building permit shall be denied on the basis of the applicant's failure to meet any of the requirements in subsection A of this section in any of the following circumstances:

1. The City would be legally prohibited by applicable federal or state law from adopting or enforcing its own ordinances, rules or regulations to prohibit the construction or use proposed;

2. The applicant certifies that the proposed development does not violate any express provisions in applicable CC&Rs, but the applicant is unable to obtain the approval or signature of an authorized representative of the association because (a) the association is not active at the time approval is being sought, or (b) the association fails or refuses to meet, take final action upon, or report in writing regarding such action within one hundred eighty (180) days after the application for approval is submitted.

C. .....It is not the intent of the City Council by the adoption of the ordinance codified in this section to create a mandatory duty to any person to protect against the risk of any particular kind of injury.

(Prior code § 23-3)

(Ord. No. 1600, § 2, 8-4-2015)

A. .....No person shall commence or proceed with any construction work unless before commencing or proceeding with such work adequate and suitable sanitary facilities are provided for the use of persons employed on such work. The sanitary facilities provided shall be located upon the site upon which such work is being done, or in case it is impractical to locate such facilities upon the site, such sanitary facilities shall be located not more than two hundred fifty (250) feet from the site of the work. One (1) sanitary facility shall be provided for each twenty-five (25) persons or fraction thereof employed upon the work site.

B. .....All sanitary facilities shall be completely enclosed on all sides and shall be equipped with a self-closing door. The floor of the enclosure shall be six (6) inches above ground level and shall be smooth. All sanitary facility enclosures shall have an inside area of at least twelve and one-half (12½) square feet for each sanitary facility enclosed. Each sanitary enclosure shall contain at least one (1) sanitary facility with self-closing seat and cover. The ceiling height of the sanitary enclosure shall be a minimum of six (6) feet six (6) inches, with battens over cracks, as illustrated in a drawing or sketch filed with the City Clerk and approved by the City Council simultaneously with the introduction of this section and designated as "Temporary Sanitary Facilities Sketch," reference to which is hereby made and by such reference the same is incorporated as a part of this section.

C. .....On work employing not more than fifteen (15) persons at any time on a premises that does not abut any street, alley or easement in which a public sewer is available for connection, or for the erection of a single dwelling, a pit privy may be maintained in lieu of the sanitary facilities referred to in subsection B of this section. The privy vault shall be at least three (3) feet in depth and not less than six (6) square feet in area. No privy shall be constructed or maintained within fifteen (15) feet of the property line or within ten (10) feet of any sidewalk or public way, and shall be restricted to the property the building permit is for. No privy shall be built or maintained within a radius of two hundred (200) feet of any grocery store, delicatessen, meat market, public eating place or school, or within one hundred (100) feet of a water well. Whenever the use of a privy vault is discontinued, the vault contents shall be covered to a depth of not less than one (1) foot with compacted earth.

(Prior code § 23-6)

A. Definitions.

"Code Enforcement Officer" shall mean those City officials authorized by the City Manager to enforce provisions of this code.

"Grace period" shall mean the period commencing with the Code Enforcement Officer's issuance of a correction notice and terminating thirty (30) days thereafter.

"Responsible party" shall mean, jointly and severally, the owner of any real property and/or tenant, subtenant, lessee, sublessee, assignee or other person or entity with the right of use or occupancy of the property who maintains, allows, permits, causes to be maintained, allowed, or permitted, or aids or abets the maintenance of any violation of Chapters 15.08, 15.12, 15.16, 15.20 and 15.80 of this code on the real property.

B. Correction Notice.

1. The Code Enforcement Officer shall have the authority to issue a written correction notice to any responsible party whose property does not comply with the requirements of Chapters 15.08, 15.12, 15.16, 15.20 and 15.80 of this code. Such written correction notice shall reference the specific nonconformity and shall state that, if the nonconformity is not remedied within the grace period, the responsible party shall be charged a reinspection fee or fees in an amount established by resolution of the City Council. The notice shall also include the telephone number at which the Code Enforcement Officer may be reached for scheduling the requisite reinspection.

2. The notice shall be served upon the responsible party in the following manner:

a. By depositing the notice in the United States mail, first class postage prepaid, addressed to the responsible party at the property upon which the nonconformity exists, and to the responsible party's address as shown on the latest equalized assessment roll if different from the property address; and

b. If deemed necessary in the opinion of the Code Enforcement Officer, by personal delivery to the responsible party or another individual who is over eighteen (18) years old at the address of the responsible party.

C. Procedure. .....Once the Code Enforcement Officer provides a written correction notice to a responsible party, the responsible party shall have thirty (30) days to correct the nonconformity and schedule a reinspection. If the responsible party has not corrected the nonconformity and scheduled the reinspection prior to the expiration of the grace period, or if the reinspection after the expiration of the grace period reveals that the nonconformity has not been corrected, the responsible party shall be charged the reinspection fee pursuant to subsection D of this section. In the event that the nonconformity has not been corrected after the original reinspection, the Code Enforcement Officer shall have the authority to issue one (1) additional correction notice providing the responsible party with an additional seven (7) days to correct the nonconformity. The responsible party shall be charged the reinspection fee for each and every subsequent reinspection of the property until such time as the nonconformity has been corrected.

D. Invoice. .....The City shall provide the responsible party with an invoice itemizing the reinspection fees owed to the City. The invoice shall be treated as an account receivable by the City and, if not paid in a timely fashion, shall be subject to the City's established policy for delinquent accounts receivable.

E. New Procedure. .....Nothing in this section shall be construed to limit the authority of the Code Enforcement Officer or the City Attorney to take civil or penal action against any responsible party determined to be in violation of any City, state or federal law, rule, ordinance, resolution or regulation.

(Prior code § 23-8)

The Planning Commission for the City of San Clemente shall serve as the Board of Appeals for purposes of appeal procedures set forth in the Building, Housing, Electrical, Swimming Pool, Plumbing, Abatement of Dangerous Buildings and Mechanical Codes adopted by the City.

(Ord. 1166 § 3, 1995: prior code § 24-3)

A. .....The building official shall not issue a permit for:

1. the construction of a new building or structure,

2. the placement of a new building or structure on a permanent foundation,

3. the alteration of or any addition to an existing building that increases the square footage of interior space,

4. the construction or alteration of any structure intended to increase the stability of any land or existing building, or

5. the alteration of an existing building or structure in a way that reduces the stability of the land upon which the building or structure is located

unless, the applicant demonstrates to the satisfaction of the building official that the land beneath and in the immediate vicinity of the building or structure upon which the development is proposed will, after the work for which a permit is sought, meet either (B)(1) or (B)(2), below. The building official may waive this requirement for trellises, wooden fences, glass windscreens, decks less than 50 square feet in area, flag poles and similar minor structures.

B. .....

1. The minimum stability requirements stated in the San Clemente Grading Manual, Appendix F (i.e., a factor of safety on shear strength of at least 1.5 for static loads and 1.1 for pseudostatic loads) (herein, the "Minimum Factor of Safety"), or

2. Alternative stability requirements as may be approved by the City Engineer.

a. No permit shall be issued if there is a reasonable probability that the proposed project will cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life.

b. In addition, as a condition to the issuance of a permit that utilizes alternative stability requirements rather than the Minimum Factor of Safety, the applicant shall be required to record or cause to be recorded against the property for which the permit is being issued a covenant in favor of the City of San Clemente (herein, the "Covenant") that shall do all of the following:

(1) acknowledge that the development will not achieve the Minimum Factor of Safety;

(2) covenant to implement and perform all mitigation measures that may be imposed on the issuance of the permit to achieve the highest factor of safety the building official, after consulting with the City Engineer, determines is feasible;

(3) waive and release any claims and causes of action against the City of San Clemente and its officials, employees, and agents (collectively, the "City Parties") arising out of the development that are proximately caused by the fact that the development will not or does not achieve the Minimum Factor of Safety;

(4) indemnify, defend, and hold harmless the City Parties from and against any claims, liabilities, and losses for personal injury or death, property damage, economic loss, or other damages or losses of any kind arising out of the development and based on the assertion that the development will not or does not achieve the Minimum Factor of Safety;

(5) acknowledge that the City does not intend by adopting this Section 15.040.070 or by issuing, administering, or enforcing the permit approving the development to protect any person against the risk of a particular kind of injury within the meaning of California Government Code Section 815.6, nor to create any liability of the City to such person for failing to discharge any actual or alleged duty to such person that might otherwise exist;

(6) agree that the Covenant shall run with the land in favor of the City and shall be binding upon all future owners of the property for which the permit is issued;

(7) otherwise be in form and content acceptable to the City Attorney.

(Ord. No. 1527, § 1, 12-7-2010)

Editor's note— It should be noted that § 2 of Ord. No. 1527, adopted December 7, 2010, provides "New section 15.04.070 is being added to Chapter 15.04 of the San Clemente Municipal Code ("Administrative Provisions") to better define when a building permit will not be issued for construction of a new building or structure, an addition or alteration that increases the interior square footage of an existing building, or an alteration of an existing building in a way that reduces the stability of the land upon which the building or structure is located. This code addition is made due to the general findings listed below: I. Topographical conditions: A. Natural slopes of 15 percent or greater generally occur throughout the City. The elevation change caused by the hills creates the geological foundation on which communities within the City are built and will continue to be built. With much of the populated flatlands within the City already built upon, a higher proportion of future growth is likely to be proposed and occur on steeper slopes with greater constraints in terrain. II. Geological conditions: A. The City is a densely populated area that has buildings constructed over and/or near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County, was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area that ran from Laguna Beach to Marina del Rey to Whittier. In December 1989, another earthquake occurred in the City of Irvine at an unknown fault line. Regional planning for earthquakes is recommended by the State of California, Department of Conservation. B. Road circulation features located throughout the City also make these amendments reasonably necessary. There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, and street and storm drain design accompanied by occasional heavy rainfall cause roadway flooding and landslides and at times may make an emergency access route impassable. C. Expansive soils throughout the City combined with predominant hillside conditions, ancient landslides, groundwater and occasional flooding raise the potential for ground slippage, ground erosion, slope failure, and building damage.

A. Intent and Purpose.

The intent and purpose of this section is to provide for an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the City to achieve these goals while protecting the public health and safety.

B. Definitions.

The definitions set forth below shall be applicable to the provisions in this section.

"Director" means the City's Community Development Director or designee.

"Electronic submittal" means the utilization of one or more of the following:

i. Email;

ii. The Internet;

iii. Facsimile.

"Small residential rooftop solar energy system" means a solar energy system which meets all of the following:

i. Is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal;

ii. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards;

iii. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;

iv. Is certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code, if the system is intended for heating water;

v. Is installed on a single or duplex family dwelling;

vi. The panel or module array does not exceed the maximum legal building height as defined by the City.

"Solar energy system" has the meaning set forth in paragraph (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. Applicability.

1. This section applies to the permitting of all small residential rooftop solar energy systems in the City.

2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

D. Small Residential Rooftop Solar System Requirements.

1. A solar energy system that qualifies as a small residential rooftop solar energy system, as defined in this section, shall be processed in accordance with the terms of this section.

2. A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the state and the City, local fire department or district.

3. The Director shall, prior to September 30, 2015, adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review.

4. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

5. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible City website.

E. Applicant Obligations.

1. Prior to submitting an application, the applicant shall:

i. Complete the required permit application, submittal checklists, and standard plan forms to determine eligibility for expedited review process.

ii. Verify, to the applicant's reasonable satisfaction and for the applicant's own benefit, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

iii. At the applicant's cost, verify to the applicant's reasonable satisfaction and for the applicant's own benefit, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

F. Electronic Processing.

1. Electronic submittal of the required permit application and documents, excluding permit fees, by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. The City's website shall specify the permitted method of electronic document submission.

2. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

G. Application Review.

1. An application that City Building Department staff determines satisfies the information requirements contained in the City's checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, and permit fees, shall be deemed complete.

2. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

3. After City Building Department staff deems an application complete, City Building Department staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.

4. Unless the Director determines a use permit is warranted, City Building Department staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist, standard plan and this section.

5. The Director may require an applicant to apply for a use permit if the Director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision may be appealed to the Planning Commission.

6. The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

H. Use Permit.

1. If a use permit is required, the Director may deny an application for the use permit if the Director makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decision may be appealed to the Planning Commission.

2. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

3. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following:

i. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed.

ii. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 (10) percent as originally specified and proposed.

I. Inspections.

1. Only one inspection shall be required and performed by the City Building Department for small residential rooftop solar energy systems eligible for expedited review.

2. The inspection shall be done in a timely manner.

3. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section.

(Ord. No. 1601, § 2, 8-4-2015)