San Juan Capistrano Municipal Code Ch. 2 Building Code

Note: Editor’s note-Chapter 2, codified from Ordinance No. 655, was amended in its entirety by Ordinance No. 678. For legislative history of this chapter prior to Ordinance No. 655, see note to Title 8.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following construction codes subject to the modifications set forth in this chapter, are hereby adopted: the California Building Code, 2025 Edition, Volumes 1 and 2, based on the 2024 International Building Code as published by the International Code Council; the California Residential Code, 2025 Edition, based on the 2024 International Residential Code as published by the International Code Council, together with the California Residential Code Appendix CI Swimming Pool Safety Act; the California Green Building Standards Code, 2025 Edition, as published by the California Building Standards Commission; the California Plumbing Code, 2025 Edition, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials; the California Mechanical Code, 2025 Edition, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; the California Energy Code, 2025 Edition, based on the 2024 California Energy Code as published by the International Code Council; the California Electrical Code, 2025 Edition, based on the 2023 National Electrical Code as published by the National Fire Protection Association; the California Fire Code, 2025 Edition, based on the 2024 International Fire Code as published by the International Code Council. For the purpose of prescribing regulations for grading and excavations, the most current Orange County Grading and Excavation Code, as it may be amended from time to time, is hereby adopted in lieu of Appendix J to the California Building Code (as adopted by the California Department of Housing and Community Development ("HCD"), pursuant to the City's findings regarding certain local topographical and geologic conditions. The provisions of these Construction Codes as amended by this chapter shall constitute the Building Regulations of the City of San Juan Capistrano. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Construction Codes, State regulations shall prevail over the Construction Codes.

One copy of all the above codes and standards therefor are on file in the office of the Building Official, pursuant to Health and Safety Code Section 18942(d)(1), and are made available for public inspection.

Moreover, pursuant to the California Code of Regulations Title 25, Section 1004, the City has assumed responsibility for enforcing Health and Safety Code, Parts 2.1 and 2.3 of Division 13, and Title 25, California Code of Regulations, Division 1, Chapters 2 and 2.2. The City shall enforce these regulations as set forth in Section 1004 and applicable law.

(Ord. No. 678, § 1; Ord. No. 746, § 1; Ord. No. 771, § 1; Ord. No. 848, § 1; Ord. No. 871, § 1; Ord. 917, § 1, 2006; Ord. No. 933, § 1; Ord. No. 978, § 1, 2010; Ord. No. 981, § 1, 2011; Ord. No. 1005, § 1, 2013; Ord. No. 1040, § 1, 2016; Ord. No. 1073, § 1, 2019; Ord. No. 1107, § 2, 2022; Ord. No. 1108, § 2, 2023; Ord. No. 1130, 12/2/2025; Ord. No. 1131, 2/17/2026)

(a) Section 100, "Division II Scope and Administration," is hereby amended to read as follows:

(1) Section 101.2, "Scope," is hereby amended to add a second paragraph after the first paragraph and before the exception, to read as follows:

The provisions of these codes shall apply to and affect all of the territory of the City of San Juan Capistrano, except work located primarily in a public way; public utility towers and poles; hydraulic flood control structures; facilities for the production, generation, storage, or transmission of water or electrical energy by a local agency.

(2) Section 105.2, "Work exempt from permit," is hereby amended by modifying "Building" sub-heading items to read as follows:

Building.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

(3) Section 105.5, "Expiration," is hereby amended by adding Section 105.5.2 to read as follows:

105.5.2 Permit renewal after expiration. Before work can reconvene after a permit expires, a new permit shall first be obtained to do so, and the fee shall be one-half the amount required for a new permit for such work, provided no substantial changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit that has been expired longer than one year, if there are substantial changes to the original plans or if the original permit was issued under a previous code cycle, the permittee shall pay all new fees and submit plans for review under the latest adopted codes.

(4) Section 107.1, "General," is hereby amended to add a second paragraph after the first paragraph and before the exception that reads:

A full and complete soils report, prepared by a qualified civil engineer licensed by the State of California to practice as such shall be submitted at the time of permit application. A full and complete soils report is required for all new construction and additions, including accessory dwelling units (ADUs) and in-ground swimming pools/spas. The Building Official may waive the requirement for a full and complete soils report if it is determined that a full and complete soils report is not necessary after considering the project location and geological history, use and occupancy and the foundation proposed. In lieu of a full and complete soils report, the Building Official is authorized, but not required, to accept a soils field memo at the time of foundation inspection that addresses soils competency for the proposed construction.

(5) Section 107.3, "Examination of documents," is hereby amended to add a second paragraph that reads:

When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the documents for plan review. Said plan review fees are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. The plan review fee shall be as set forth in the City Council Fee Resolution.

(6) Section 107.5, "Retention of construction documents," is hereby amended to add a second paragraph that reads: The approved plan, permit application and inspection card and other construction documents required by the Building Official shall be digitally imaged after the final inspection and will be a permanent record in the City. The applicant shall pay the cost of digital imaging at the time of permit.

(7) Section 109.2, "Schedule of permit fees," is hereby amended to add a sentence at the end of the paragraph that reads:

The fee for each permit shall be as set forth in the City Council Fee Resolution unless otherwise specified by the code.

(8) Section 109.4, "Work commencing before permit issuance," is hereby amended to add a second paragraph that reads:

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be as authorized and adopted by the City Council Fee Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(9) Section 109.6, "Refunds," is hereby amended to read in its entirety:

109.6 Refunds.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review has been paid is withdrawn or canceled before any plan reviewing is done.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of payment.

(10) Section 109, "Fees," is hereby amended by adding a new Subsection 109.7 as follows:

109.7 Fees/Deposit. The Building Official may require a deposit from the applicant for a certain project or work in order to secure the request for final inspection approvals from the applicant or the repairing of damaged City properties during the period of construction. The deposit money will be refunded to the applicant when the final inspections are approved or the damages are repaired to the satisfaction of the City. The deposit amount shall not be more than twice the permit fee.

(11) (Reserved)

(12) Section 110, "Inspections," is hereby amended by adding a new Subsection 110.7 as follows:

110.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections previously given to the applicant, contractor or other responsible individual are not made.

This subsection is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record card is not posted or otherwise made available on site, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official.

To obtain a re-inspection, the applicant shall first pay the re-inspection fee as established by the City Council Fee Resolution.

In instances where re-inspection fees have been assessed, no additional inspections will be performed until the required fees have been paid.

(13) Section 111.1, "Change of occupancy," is hereby amended to read as follows:

No building or structure shall be used or occupied, and no change in the use of or occupancy classification of any existing building or structure or portion thereof, including tenant spaces, shall be made until the Building Official has issued a certificate of occupancy upon a Final approval of permit(s) for said building or structure or portion thereof in accordance with the provisions of Section 111.2. A certificate of occupancy will not be issued for shell structures only as they will be issued for the individual tenant spaces. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

(14) Section 111.2, "Certificate issued," is hereby amended to read as follows:

(15) Section 114.1, "Unlawful acts," is hereby amended to read as follows:

114.1 Unlawful acts. It shall be unlawful and subject to immediate administrative, civil, or criminal prosecution for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy, or maintain any building, structure, equipment, installation or land regulated by this code, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of this code. This shall include, without limitation, maintaining any building, structure, equipment, installation, or land that was erected, constructed, altered, extended, repaired, moved, removed, demolished in violation of this code.

(16) Section 202, "Definitions," is hereby revised by adding the following definitions for "OCFA," "Spark Arrester," and "Independent Structure or Building":

202 Definitions.

OCFA. Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

INDEPENDENT STRUCTURE OR BUILDING. A structure or building on one parcel shall be considered an independent structure or building when physically separated from any other structure or building. For Building Code purposes, two or more independent structures or buildings on one parcel are considered one structure or building when connected by at least one structurally and electrically continuous footing AND connected by at least one exterior wall joining top and bottom plates of each structure, or by substantially equivalent means as determined by the Building Official.

(17) Section 502.1, "Address identification," is hereby revised to read as follows:

502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. For all occupancies each character shall be not less than 6 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

(18) Section 903.2, "Where required," is hereby revised to read as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

(19) Section 903.2.8, "Group R," is hereby revised to read as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

(20) Section 903.3.5.3, "Hydraulically calculated systems," is hereby added as follows:

903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the Fire Code Official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

(21) Table 1505.1 is hereby amended to read as follows:

TABLE 1505.1 a MINIMUM ROOF ASSEMBLY CLASSIFICATION FOR TYPES OF CONSTRUCTION

For SI: 1 foot= 304.8 mm, 1 square foot= 0.0929 m2.

a. Unless otherwise required in accordance with Chapter 7A.

(22) Section 1505.1.2, "Roof coverings within all areas other than fire hazard severity zones or a wildland-urban interface (WUI)," is amended to read as follows:

1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than ten percent (10%) of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

(23) Section 1505.5, "Nonclassified roofing," is deleted.

(24) Section 1505.7, "Special purpose roofs," is deleted.

(25) Chapter 35, "Referenced Standards," is adopted in its entirety with the following amendments:

(A) NFPA 13, 2025 Edition, "Standards for the Installation of Sprinkler Systems," is hereby amended as follows:

(i) Section 16.12.3.3 is hereby revised to read as follows:

(iii) Section 9.2.1.7 is hereby revised as follows:

(B) NFPA 13D 2025 Edition, "Standards for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes," is hereby amended as follows:

Section 7.1.2 is hereby revised to read as follows:

(C) NFPA 14, 2024 Edition, "Standards for the Installation of Standpipe and Hose Systems," is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety.

(D) NFPA 24, 2019 Edition, "Standards for the Installation of Private Fire Service Mains and Their Appurtenances," is hereby amended as follows:

(i) Section 6.2.8.1 is hereby added as follows:

Exceptions:

(ii) Section 6.2.9 is hereby revised to read as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

(iii) Section 10.1.5 is hereby added to read as follows:

The building official, as a condition precedent to the issuance of a building permit, shall require all utility services located within any lot 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 the existing main building is subject to the requirements of this code; or

(c) A residential building or use is converted to any nonresidential use or purpose.

For 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 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 application of this requirement causes extraordinary hardship, the building official may modify or delay the imposition of the undergrounding requirement upon approval of property owner’s application therefor. If the building official determines to delay the installation of the requirement, he may require a recorded agreement guaranteeing the future performance of the work, together with adequate performance security in the form of a cash, surety bond, or letter of credit.

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.

(§ 1, Ord. 678, as amended by § 1, Ord. 746, § 1, Ord. 771, § 1, Ord. 848, and § 1, Ord. 917, eff. October 19, 2006)

Construction activity which includes the delivery and/or recovery of materials, supplies, or construction equipment shall be conducted in accordance with the following prescribed hours:

Construction activity is prohibited on Sunday and federal holidays.

(§ 1, Ord. 678, as amended by § 1, Ord. 848, and § 1, Ord. 917, eff. October 19, 2006)

Paragraph 3 is hereby added to Section 1514, Appendix, to read as follows:

Sec. 1514. The roof covering on any structure regulated by this code shall be as specified in Table No. 15 and as classified in Section 1504.

The roof-covering assembly includes the roofdeck, underlayment, interlayment, insulation and covering which is assigned a roof-covering classification. Roof coverings shall be Class A minimum, except that when re-roofing the following criteria shall apply:

a. Minor repairs and/or re-roofing not exceeding 10% 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 10% but is less than 50% of the total roof area, the re-roofed portion shall comply with the provisions of this Code.

(§ 1, Ord. 678, as amended by § 1, Ord. 771, and § 1, Ord. 848)

Section 1804, of the 2013 California Building Code, is hereby amended to read as follows:

Permits Required.

Section 1804.7 (the rest of the section is unchanged).

(§ 1, Ord. 678, as amended by § 1, Ord. 771, and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

This Code sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of grading permits and approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the Uniform Building Code then in effect as adopted and modified by City ordinance as well as water quality requirements relevant to activities subject to this article.

(§ 1, Ord. 873)

“Approval”

shall mean a written engineering or geological opinion by the responsible engineer, geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the Building Official.

“Approved plans”

shall mean the current grading plans that bear the stamp of approval of the Building Official.

“Approved testing agency”

shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code as determined by the Building Official.

“Borrow”

is earth material acquired from an off-site location for use in grading on a site.

“Building Official”

is the division head in the planning, organizing, directing, staffing and controlling of the City Building Department responsibilities including the administration and enforcement of the various codes regulating construction, use or occupancy of all buildings and structures within the City or his duly delegated representative.

“Civil engineer”

shall mean a professional engineer registered in the State of California to practice in the field of civil engineering.

“Civil engineering”

shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials for the evaluation, design and construction of civil works for the beneficial uses of mankind.

“Clearing, brushing and grubbing”

shall mean the removal of vegetation (grass, brush, trees and similar plant types) by mechanical means.

“Compaction”

is the densification of a fill by mechanical means.

“Commercial coach”

is a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes and shall include a trailer coach.

“Director”

shall mean the Director of Building and Engineering or his duly delegated representative. “Earth material” is any rock, natural soil or fill and/or combination thereof.

“Engineering geologist”

shall mean a geologist certified in the State of California to practice engineering geology.

“Engineering geology”

shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

“Erosion”

is the wearing away of the ground surface as a result of movement of wind, water and/or ice. “Erosion control system” is a combination of desilting facilities, and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities and receiving waters form an abnormal deposition of sediment or dust.

“Excavation”

is the mechanical removal of earth material.

“Fill”

is the deposit of earth material placed by mechanical means. “Grade” shall mean to vertical location of the ground surface. “Natural grade” is the ground surface unaltered by artificial means. “Existing grade” is the ground surface prior to grading.

“Rough grade”

is the stage at which the grade approximately conforms to the approved plan. “Finished grade” is the final grade of the site that conforms to the approved plan.

“Grading”

is any excavating or filling or combination thereof.

“Grading contractor”

is a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work.

“Grading permit”

is an official document or certificate issued by the Building Official authorizing grading activity as specified by approved plans and specifications.

“Hillside site”

is a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five feet in vertical height; or where the existing grade is 10% or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property.

“Mobilehome”

means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach or factory-built housing.

“Owner”

is any person, agency, firm or corporation having a legal or equitable interest in a given real property.

“Permanent erosion control devices”

are improvements that remain throughout the life of the development. They include terrace drains, downdrains, slope landscaping, channels, storm drains, etc.

“Precise grading permit”

is a permit that is issued on the basis of approved plans that show the precise structure location, finish elevations and all on-site improvements.

“References.”

Unless indicated otherwise, or as reasonably appears form the context, references in this Code to the civil engineer, the soil engineer, the geologist, and the engineering geologist refer to the professional person(s) preparing, signing, or approving the project plans and specifications which comprise the approved grading plan and which professional person appears of record pursuant to sections 8-2.06 through 8-2.06.02 or his successor duly delegated representative.

“Semi-permanent erosion control devices”

are devices that are used primarily during the construction and are not relocatable. They include earthen berms, concrete spillways, desilting basins, riser/outlet pipes, etc.

“Site”

is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

“Slope”

is an included ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

“Soil”

is naturally occurring surficial deposits overlying bedrock.

“Soil engineer”

is a civil engineer duly registered in the State of California whose field of expertise is soil mechanics.

“Soil engineering”

shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

“Special inspector”

is an inspector duly licensed by the Building Official to perform inspection of asphalt concrete placement and related construction work or other grading related work approved by the Building Official.

“Storm water permits”

are any permits issued by a local, state or federal regulatory agency regulating storm water flow over and from any project subject to this article including but not limited to NPDES permits and State general permits as defined in Municipal Code Section 8-14 Water Quality Ordinance.

“Temporary erosion control devices”

are devices that are removable and can rarely be salvaged for subsequent reuse. In most cases, they will last no longer than one rainy season. They include sandbags, gravel bags, plastic sheeting (visqueen), silt fencing, straw bales and similar items.

“Terrace”

is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

“Water quality requirements”

are the requirements relevant to activities that are subject to this article found in the City Water Quality Ordinance including all appendices and guidance documents included in the DAMP as well as requirements relevant to the activities that are subject to this article found in storm water permits.

(§ 2, Ord. 873)

Section 1804.8, of the 2013 California Building Code, is hereby added to section 1804 to read as follows: (the rest of the section is unchanged).

(§ 1, Ord. 655, as amended by § 1, Ord. 678, § 1, Ord. 771, § 1, Ord. 848, § 1, Ord. 873 and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

(a) To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the Building Official.

The Grading Permit application shall be accompanied by information required by the Building Official. Each application for a grading permit for a construction site required to be covered under the State general construction storm water permit (“GCASP”) shall include proof of the filing of a notice of intent with the State Water Resources Control Board.

(§ 1, Ord. 873)

(a) It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this Code, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the Building Official.

(b) All grading permits, waivers or exemptions issued hereunder shall be deemed to Include the provisions that the permittee, the permittee’s agents, contractors and employees, shall carry out the proposed work in accordance with the approved plans and specifications, where such approval is required, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal or state requirements or a County directive, and in compliance with all requirements of the permit and this article. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this article shall be a violation of this article.

(§ 1, Ord. 873)

Section 1804, of the 2013 California Building Code, is hereby amended to read as follows:

Section 1804.9 (the rest of the section is unchanged).

(§ 1, Ord. 655, as amended by § 1, Ord. 678, § 1, Ord. 746, § 1, Ord. 771, § 1, Ord. 873 and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

The Building Official is authorized to require additional bonding as security to ensure 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.

(§ 1, Ord. 655, as amended § 1, Ord. 678)

Section 1804, of the 2013 California Building Code, is hereby amended to read as follows:

Section 1804.10 (the rest of the section is unchanged).

(§ 1, Ord. 655, as amended by § 1, Ord. 678, § 1, Ord. 746, § 1, Ord. 771, § 1, Ord. 848 and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

Section 1804, of the 2013 California Building Code, is hereby amended to read as follows:

Section 1804.11 (the rest of the section is unchanged).

(§ 1, Ord. 655, as amended by § 1, Ord. 678, § 1, Ord. 746, § 1, Ord. 771, § 1, Ord. 848 and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

Section 1804, of the 2013 California Building Code, is hereby amended to read as follows:

Section 1804.12 (the rest of the section is unchanged).

(§ 1, Ord. 655, as amended by § 1, Ord. 678, § 1, Ord. 771, § 1, Ord. 848 and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

Section 1804, of the 2013 California Building Code, is hereby amended to read as follows:

Section 1804.13 (the rest of the section is unchanged)

(§ 1, Ord. 655, as amended by § 1, Ord. 678, § 1, Ord. 746, § 1, Ord. 771 and § 2, Ord. 933; Ord. No. 978, § 2, 12-7-2010; Ord. No. 981, § 2, 2-1-2011; Ord. No. 1005, § 2, 12-17-2013)

(a) The first sentence is hereby amended to read as follows:

Section 105.6 of Appendix Chapter 1 (Administration), Permit Suspension or Revocation, of the California Building Code, is hereby amended to read as follows:

Section 105.6 Denial, suspension, or Revocation.

The Building Official may, in writing, deny, suspend, or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provision of this code or whenever the work authorized is liable to constitute a hazard to the public welfare, or endanger life or any private or public property or result in damages to property. Such hazard to the public welfare may arise from circumstances involving construction during the permit from October 15 to April 15, when the following conditions are present:

1. Inadequate street width.

2. Inadequate, deteriorated, or damaged street paving.

3. Excessively steep street grade.

4. Inadequate fire flow as determined by the Fire Marshal.

5. Potential for excessive erosion.

6. Steep topography.

7. Visual sensitivity.

8. Environmental sensitivity.

9. Other conditions as determined by the Building Official.

(§ 1, Ord. 736, as amended by § 1, Ord. 771, § 1, Ord. 848 and § 2, Ord. 933)

Section 3316 is amended by adding Section 3316.3 to read as follows:

(c) Installation required. Erosion control devices, systems and controls determined to be necessary by the Engineer of Record or the Building Official shall be installed in conformance with the approved erosion control plan year around. The erosion control devices and systems shall be maintained in good condition and replaced if damaged or deteriorated such that they become ineffective.

(d) Plans required. Appropriate plans and specifications, prepared by a licensed Architect, Engineer or Geo-technical Engineer, shall be submitted and approved prior to placing erosion control devices or systems. A plan review fee shall be paid as provided by City Resolution to pay for the review and approval of the erosion control plan.

(e) The faces of cut and fill slopes and project site shall be prepared and maintained to control against erosion in accordance with this subarticle. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon Approval by the Building Official.

(f) Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, riprap or other devices or methods, as approved by the Building Official, shall be employed to control erosion and provide safety.

(g) No Grading work will be allowed on any single Grading site under permit unless an erosion control system has been approved by the Building Official.

(h) Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means.

(i) Unless otherwise approved by the Building Official, the owner shall be required to retain a licensed Architect, Civil Engineer or Geotechnical Engineer who will be responsible for the design of all erosion control improvements and initial Approval of the Installation of permanent and semi-permanent erosion control devices during each rainy season until the work authorized by the Grading Permit is given final Approval. The owner shall retain the licensed Architect, Civil Engineer or Geotechnical Engineer to periodically review the field condition and modify, as needed, the design of the permanent and semi-permanent erosion control devices during the rainy season. Installation and maintenance of all erosion control devices shall be the responsibility of the owner.

(j) Desilting facilities shall be provided at drainage outlets from the graded site.

(k) Desilting basins shall be designed to provide a minimum desilting capacity equal to the current County of Orange latest standards or as provided in the Drainage Area Management Plan (DAMP), the Local Implementation Plan (LIP), or as approved by the Building Official.

(l) Desilting basins shall be constructed around the perimeter of projects whenever feasible when it provides improved maintenance access from paved roads during wet weather.

(m) Desilting basins constructed of compacted earth shall be compacted to a relative Compaction on 90% of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field testing performed, location and results of testing shall be submitted to the Building Official for Approval upon completion of the desilting basins.

(n) Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.

(o) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Building Official. Slopes exceeding 15 feet high may require an adequate sprinkler system, as determined by the Building Official.

(p) Protection for the slopes shall be installed as soon as practicable which may be prior to rough Grade Approval. Effective planting shall be installed, fully germinated and effectively cover the required slopes prior to final Approval unless otherwise approved by the Building Official.

(q) The erosion control provisions shall take into account drainage patterns during the current and future phases of Grading throughout the rainy season.

(r) All removable protective devices shown shall be in place at the end of each working day when the five day rain probability forecast exceeds 40%.

(s) Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.

(t) In addition to the requirements specified above, the permittee shall perform all work in accordance with the Water Quality Requirements.

(u) Any violation of an applicable federal or state-issued Storm Water Permit, or failure to conform to the City’s Water Quality Requirements prepared pursuant to such a permit or pursuant to this Article or to SJC MC 8-14; or failure to comply with stormwater related provisions of a City-issued Grading Permit or of a Grading plan prepared to secure such a Permit, is also a violation of this Article.

(§ 1, Ord. 746, as amended by § 1, Ord. 771, § 1, Ord. 848, and § 1, Ord. 873)

(a) After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry.

(b) After each rainstorm, the performance of the erosion control system shall be evaluated and revised and repaired as necessary.

(c) Devices shall not be moved or modified without the approval of the Building Official.

(d) The contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.

(e) The contractor and permittee or property owner shall be responsible for continual maintenance of the devices during the rainy season. In the event of failure or refusal by the contractor, permittee or property owner to properly maintain the devices, the Building Official may cause emergency maintenance work to be done to protect adjacent private and public property and environmental resources. The cost shall be charged to the property owner and shall include an initial mobilization cost plus the cost of doing the work.

(f) In the event the Building Official must cause emergency maintenance work to be done, he may revoke the grading permit in writing. The grading permit shall not be renewed until an erosion control system and/or other systems necessary to comply with water quality requirements approved by the Building Official are installed and a fee of one-half (½) the amount required for the original grading permit paid by the property owner.

(g) If any grading has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion control plan as well as other plans required under the water quality requirements which have been approved by the Building Official. In the event of failure by the property owner to install an approved erosion control system and/or other systems necessary to comply with water quality requirements, the Building Official may cause emergency work to be done to protect adjacent private and public property. The cast shall be charged to the property owner in accordance with item (e) of this section.

(§ 1, Ord. 873)