Chapter XXV — UNIFORM CODES

San Marino Zoning Code · 2026-06 edition · ingested 2026-07-06 · San Marino

25.01.01: PERMITS REQUIRED:

It shall be unlawful for any person to begin or perform any construction work or construction activity or to cause or permit any construction work or construction activity, for which a permit is required by this chapter, to begin or perform on any residential or commercial parcel of property without having first obtained said permit. (Ord. 092-1015, 6-10-1992)

25.01.02: TIMES CONSTRUCTION PROHIBITED:

It shall be unlawful for any person to perform or to cause or permit to be performed any construction work or construction activity for which a permit is required by this chapter or for any person requiring a business license pursuant to chapter XI of this Code to perform or to cause or permit to be performed any construction work or construction activity on the following days: (Ord. 092-1015, 6-10-1992)

A. On Mondays through Fridays, before seven o'clock (7:00) A.M. and after six o'clock (6:00) P.M.; except, that the Director of Planning and Building may authorize, in connection with seismic upgrading or fire sprinkler installation, construction work or activity in the C-1 Zone to be performed outside between six o'clock (6:00) P.M. and nine o'clock (9:00) P.M. and inside an enclosed building after nine o'clock (9:00) P.M. Such construction work or activity shall be performed in compliance with any conditions the Director of Planning and Building shall impose to alleviate potential disturbance to surrounding properties.

B. On Saturdays, before nine o'clock (9:00) A.M. and after four o'clock (4:00) P.M.; except, that the Director of Planning and Building may authorize, in connection with seismic upgrading or fire sprinkler installation, construction work or activity in the C-1 Zone to be performed outside between four o'clock (4:00) P.M. and nine o'clock (9:00) P.M. and inside an enclosed building after nine o'clock (9:00) P.M. Such construction work or activity shall be performed in compliance with any conditions the Director of Planning and Building shall impose to alleviate potential disturbance to surrounding properties. (Ord. 092-1027U, 8-12-1992)

C. Sundays.

D. The following holidays: New Year's Day Presidents' Day Memorial Day Fourth of July Labor Day Veterans Day Thanksgiving The Friday after Thanksgiving Christmas Eve Christmas Day New Year's Eve

If any of the above holidays fall on a Saturday, construction work and construction activity shall be prohibited on the preceding Friday. If any of the above holidays fall on a Sunday, construction work and construction activity shall be prohibited on the following Monday.

This section shall not apply to the emergency repairs necessary for health, safety or preservation of property. (Ord. 092-1015, 6-10-1992)

25.01.03: WORK BY OWNER PERMITTED:

The owner or occupant of property within the City may perform construction activity or construction work during the times described in section 25.01.02 of this article, provided that the property owner or occupant performs the work himself. (Ord. 092-1015, 6-10-1992)

25.01.04: PENALTY FOR VIOLATIONS:

Any person who violates or causes or permits any person to violate section 25.01.01 of this article shall be required, at the time of obtaining the permits required by this chapter, to pay a penalty equal to one hundred percent (100%) of the total amount of all permit fees assessed for the construction work or activity pursuant to this chapter in addition to the amount of the permit fees. (Ord. 092-1015, 6-10-1992; amd. Ord. 097-1107, 9-10-1997; Ord. 0-18-1335, 4-11-2018)

25.01.05: PROPERTY OWNER RESPONSIBLE:

The property owner or occupant of any property at which a violation of this chapter shall occur shall be responsible for and liable for charges provided for in section 25.01.04 of this article. (Ord. 092-1015, 6-10-1992; amd. Ord. 0971107, 9-10-1997; Ord. 0-18-1335, 4-11-2018)

25.01.06: PROPERTY MAINTENANCE STANDARDS FOR CONSTRUCTION PROJECTS:

All projects, for which a valid building permit has been issued, with exception of interior remodels, shall be required to adhere to the following maintenance standards and no building or planning inspections shall be completed until all such applicable items are addressed:

A. One sign, visible from the street, must be posted, listing a contact name, company, and phone number. Said sign may be attached to a construction fence and must be six (6) square feet in area and no greater than thirty six inches (36") in length. No other signs shall be permitted in connection with the project.

B. Construction materials, equipment, storage bins, and portable facilities must be screened from public view.

C. Construction fencing must be installed on the site of any residential or commercial structure that is being, in whole or in part, demolished or reconstructed. Construction fencing must be installed in a manner that fully screens and secures the construction site. Construction fencing must include an opaque, dark-green screening material that is tightly secured to the fencing, free of holes and without advertising, except as allowed under subsection A of this section. The Director of Planning and Building, in his or her sole discretion, may require construction fencing on any other type of construction sites and may allow landscaping to substitute for some or all of the construction fencing. Construction fencing and any other approved screening material must be maintained in good condition.

D. A portable toilet shall be placed in the rear of the property with a minimum setback of ten feet (10') from side yard and rear yard property lines. If existing conditions prohibit access for the drop-off or the servicing of the portable toilet, the unit can be placed in the front yard provided the unit is placed no further than five feet (5') from the front of the house and ten feet (10') from any side property lines. The door opening shall not face either the street or an adjacent property and shall remain closed at all times. The portable toilet shall be screened from public view at all times. No more than one toilet shall be used per property. The portable toilet shall be serviced a minimum of twice a week.

E. Roll-off containers shall be in good condition and appearance and emptied on a regular basis. Containers shall be placed on private property unless an encroachment permit is obtained.

F. All construction equipment, storage bins and portable toilets shall be kept free of graffiti.

G. Construction materials, equipment, storage bins or debris shall not be placed on public property unless an encroachment permit has first been granted for such placement from Planning and Building and the Public Works Department. Conditions may be imposed to ensure appropriate safety signage, insurance and bonds.

H. Any dirt or debris tracked onto streets and sidewalks shall be removed immediately. All trash and litter on the job site shall be removed from public view on a daily basis.

I. Construction worker vehicles, equipment, and gate fencing shall not block public sidewalks.

J. Existing landscaping shall be maintained in good condition, including the City parkway area. The property owner or contractor shall be responsible for mowing, trimming, weeding, and irrigating these areas as needed throughout the duration of the construction project.

K. A waste management form/plan shall be submitted at plan check and project final whenever the scope of work proposes a residential addition of one thousand (1,000) square feet or more; new construction of one thousand (1,000) square feet or more; a demolition project of one thousand (1,000) square feet or more, or tenant improvement projects of three thousand (3,000) square feet or more.

L. A tree protection plan shall be submitted at plan check where any construction activity takes place within the drip line of the canopy of any established tree or any tree in the City parkway. A separate cut sheet shall also be submitted identifying all established trees on the property. The tree protection plan must be prepared by either a registered consulting arborist or a certified arborist with the International Society of Arborists. Prior to any demolition or construction, a registered project arborist must provide the City with written certification of compliance with the tree protection plan. After any demolition or construction, a registered project arborist must provide the City a written inspection report regarding the effectiveness of the measures in the tree protection plan.

M. Sandbags, silt screens, or any similar methods are required to be installed on all projects during the rainy season (October - April) to prevent dirt, mud, and debris from flowing into the storm drain system. This shall be required only when the front yard landscaping is either removed or modified, regardless whether such removal or modification was intended as part of the construction project.

N. A Stormwater Pollution Prevention Plan (SWPPP) shall be submitted to the Planning and Building Department during the plan check process for all projects which disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres. Projects include soil excavation, soil grading or other construction activities where soil may be displaced during weather events or landscape water run-off. (Ord. 0-18-1337, 10-10-2018)

25.01.07: EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING:

A. Purpose: The purpose of this section is to provide for expedited processing of applications for electric vehicle charging stations in compliance with Government Code section 65850.7.

B. Definitions: The following definitions shall apply for purposes of this section:

ELECTRIC VEHICLE CHARGING STATION OR CHARGING STATION: Means any level of electric vehicle

supply equipment station that is designed and built in compliance with article 625 of the California Electric Code, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

ELECTRONIC SUBMISSION: Means a submission of an application utilizing email, the internet, and/or facsimile transmission.

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 an application was deemed complete.

  • C. Expedited Review Process:
  1. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" found in the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The checklist, application form, and any other documents required by the building official to process an application shall be published on the City's website.

  2. Anyone seeking to install an electric vehicle charging station at any site within the City may apply to the building official for an expedited nondiscretionary building permit.

  3. An application for an expedited building permit for an electric vehicle charging station and all associated documentation may be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.

  4. An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the City shall be deemed complete.

  5. If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.

  6. If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all health and safety requirements of State and Federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.

plication for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all health and safety requirements of State and Federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.

  1. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the applicant must apply for an electric vehicle charging station use permit in order to install the proposed charging station.

  2. An application for an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code section 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered.

  3. A decision of the building official made pursuant to subsections C1 through C8 of this section may be appealed to the Planning Commission. The Planning Commission's review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.

  4. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

D. No Requirement For Association Approval: Consistent with Government Code section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by a homeowners association, as that term is defined by Civil Code section 4080. (Ord. 0-17-1329, 10-112017; amd. Ord. 0-18-1335, 4-11-2018)

25.01.08: DEFINITIONS:

The following definitions shall apply to all structures that are regulated by this chapter. If in conflict with other provisions of this Code, these definitions shall control.

APPLICANT: Shall mean an owner or other responsible person who applies for a building or other permit under this chapter, or an extension thereof.

INCOMPLETE STRUCTURE: Shall mean a structure, or portion thereof, for which a building permit under article 2 of this chapter, or an extension thereof, has expired.

"Incomplete structure" shall also include those structures for which issued permits under articles 3 through 6 and 12 of this chapter, and any extensions thereof, have expired. JUSTIFIABLE CAUSE: As used in sections 105.5.1 and 105.5.4 of the Building Code, and sections R105.5.1 and R105.5.4 of the Residential Code, shall mean or refer to a delay in performance of work or installations under an active permit that is due to war, insurrection, floods, earthquakes, fires, casualties, epidemics, quarantine restrictions, unusually severe weather, strikes causing inability to secure necessary labor, materials or tools, acts of the City, or any other delays that are beyond the control and without the fault of the permit holder.

OWNER: Shall mean and include any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the City, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. PLANNING AND BUILDING DIRECTOR: Shall mean the building official, or a designee thereof. PROJECT: Shall mean an action or actions for which one or more permits are required by this chapter that concern a building or structure, or a portion thereof, with regard to construction, enlargement, alteration, repair, movement or demolition, and/or the erection, installation, enlargement, alteration, repair, removal, conversion or replacement of any electrical, fire- related, gas, mechanical or plumbing system, or portion thereof.

RESPONSIBLE PERSON: Shall mean any person, whether as an owner as defined in this section, or otherwise, who allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of this chapter or other portion of this Code to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

fficers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

STRUCTURE: Shall mean that which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. SUCCESSFUL INSPECTION: Shall mean a required inspection (as set forth in section 110 of the Building Code or section 109 of the Residential Code) in which the work inspected was determined by the Planning and Building Director to meet all applicable minimum Building/Residential Code requirements and the inspection was approved and documented as successful. A successful inspection shall also mean approval of work inspected under an electrical, fire, plumbing or mechanical permit that meets all applicable minimum requirements of the Electrical, Fire, Plumbing or Mechanical Codes.

UNPERMITTED STRUCTURE: Shall mean any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped with electrical, plumbing or mechanical installations, at any point in time, without the required approval(s) and permit(s) having first been obtained from the Planning and Building Director. Unpermitted structures shall include those structures for which an action that is regulated by the Fire Code has occurred without first obtaining the required permit. Unpermitted structures shall include an incomplete structure as defined in this section. (Ord. 0-18-1335, 4-11-2018)

25.01.09: LIMITATION ON AUTHORITY - BOARD OF APPEALS:

Notwithstanding any provision to the contrary in the most recent editions of the California Building, Electrical, Fire, Mechanical, Plumbing and Residential Codes (as adopted by the City), Boards of Appeal or similar reviewing authorities that are established by those codes shall not have the authority to consider determinations of the Planning and Building Director or other government officials, that a responsible person has violated this chapter. (Ord. 0-181335, 4-11-2018)

25.01.10: ADOPTION OF ADMINISTRATIVE REGULATIONS:

The chapters and article set forth below are hereby adopted by reference, subject to amendments thereto as set forth in this chapter. Those amendments shall control in the event of any conflict with adopted codes.

  • A. Chapter 1 of the 2016 California Building Code.

  • B. Chapter 1 of the 2016 California Residential Code.

  • C. Article 89 of the 2016 California Electrical Code.

  • D. Chapter 1 of the 2016 California Mechanical Code.

  • E. Chapter 1 of the 2016 California Plumbing Code.

  • F. Chapter 1 of the 2016 California Fire Code. (Ord. 0-18-1335, 4-11-2018)