SUBCHAPTER 5. PEDESTRIAN, BICYCLE, SKATEBOARD AND EQUESTRIAN
REGULATIONS
§ 7-4-500 Bicycle operation.
(a) Riding in group. Persons operating bicycles within a bicycle lane or upon a bicycle path shall ride in single file, except as provided for in California Vehicle Code § 21202(a). (B) Direction of travel. Persons riding or operating a bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one-way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic. (C) Walking bicycles. Bicycles may be walked subject to all provisions of law applicable to pedestrians. (D) Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield right- of-way to any and all pedestrians. A person riding a bicycle, upon entering a roadway or driveway from a sidewalk, shall yield to all traffic.
(E) Riding on sidewalks. Bicycles may be ridden on all sidewalks, at a speed not to exceed five miles per hour, except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, upon a sidewalk at a recreation center when in use, upon a sidewalk at a church during services, over any pedestrian overcrossing or upon any other sidewalk where prohibited by posted signs. (Ord. 90-11, § 6, passed 3-6-90; Ord. 90-38, § 3, passed 6-18-90; Ord. 96-90, § 7, passed 4-16-96) § 7-4-500.1 Electric bicycle operation.
All references to this section shall include § 7-4-500. These requirements are in addition to the other regulations for bicycle operation set forth in § 7-4-500. (A) No person shall ride an electric bicycle in an unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor on any private property open to the public.
(1) Unsafe manner means any act or acts in violation of this Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating an electric bicycle in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
(2) Examples of riding in an unsafe manner may in clude, but are not limited to, the following actions:
(a) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bike path. It is not a violation of this division (A)(2)(a) if one or more wheels lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider;
(b) Riding on the sidewalk withou t due caution for pedestrians; (c) Riding on the highway, or bicycle lane against the flow of traffic; (d) Intentionally swerving or riding around stopped or slowed traffic; (e) Operating an electric bicycle in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle;
(f) Not obeying posted signs or traffic lights; and
(g) A person under the age of 18 riding without a properly fitted and fastened helmet. (B)(1) No person shall operate an electric bicycle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding.
(2) An electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a handheld device, or pager. (Ord. 2024-227, § 2, passed 3-5-24)
§ 7-4-501 Roller skating, skateboarding and bicycling prohibited in certain designated areas.
It shall be unlawful and subject to punishment in accordance with § 7-4-501.6 for any person to engage in roller skating, skateboarding, bicycling or similar activities in or on any public property when the public property has been designated by resolution of the city council and posted as a no roller skating, skateboarding, bicycling or similar activity area, and in or on any private property when the private property has been posted as a no roller skating, skateboarding, bicycling or similar activity area, in accordance with the procedures set forth in § 7-4-501.3. (Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 2, passed 3-3-92) § 7-4-501.1 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Acrobatics. Includes jumps, spins, loops, "360s," handstands or any other movements or tricks not essential to the ordinary use of the skateboard as a transportation device, or the use of ramps, jumps, curbs, steps or other devices used to force the skateboard off the ground.
Business district. As designated in California Vehicle Code § 235.
Electric bicycle. An electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by California Vehicle Code § 312.5, as it may be amended from time to time.
Hazard. Any activity which threatens injury to person or property or prevents the free use of public or private property by pedestrians or motorists.
Private property. Any property held by private interests which is used primarily for business, commercial or recreational purposes.
Public property. Any property owned or maintained by the city.
Roller skate. Any footwear or device which may be attached to the foot or footwear, to which wheels are attached which may be used to aid the wearer in moving or propulsion.
Skateboard. A board of any material which has wheels attached to it and which may be propelled or moved by human, gravitational or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.
Skateboarding. For purposes of the prohibitions contained in this subchapter, includes performing acrobatics while using or operating a skateboard, or using or operating a skateboard in a manner which creates a hazard. The term skateboarding shall not include the use or operation of a skateboard while the user is in an upright or standing position and is using the skateboard as a transportation device.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 2024-227, § 3, passed 3-5-24) § 7-4-501.2 Designation of public property as no roller skating, skateboarding or bicycling area.
The city council, upon review and recommendation by the city engineer, may prohibit, from any public roadway, sidewalk or other public property, roller skating, skateboarding, bicycling or similar activity, or any combination of those activities. In order to prohibit any or all such activities from a specific area, the city council shall designate the area by the adoption of a resolution prohibiting the activity from the area and order the posting of the signage as provided for in § 7-4-501.4.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 3, passed 3-3-92) § 7-4-501.3 Designation of private property to prohibit specified activities. (A) Prohibition of roller skating, bicycling and similar activities. The following procedures are applicable for prohibiting roller skating, bicycling or similar activities, or any combination of those activities, on private property.
(1) If the property is owner-occupi ed, the property owner shall submit a written application requesting a designation of a no roller skating, bicycling or similar activity area. (2) If the property is occupied by tenants of the owner, then the tenants shall submit a written application signed by a majority of the tenants of the property supporting a designation of a no roller skating, bicycling or similar activity area, and the application shall also contain the written consent of the property owner.
(3) The city clerk shall cause a notice of the city coun cil consideration of the applications filed pursuant to this division (A)(3) to be mailed to all tenants in the subject private property and the owner of the subject private property, at least five days prior to the date scheduled for the city council's consideration of the application.
(4) The city council may approve or deny the applicatio n for designation of property as a no roller skating, bicycling or similar activity area.
(B) Prohibition of acrobatic or hazardous skateboarding. The following procedures are applicable for prohibiting acrobatic or hazardous skateboarding on private property. (1) The owner of owner-occupied property, or a majority of the tenants, with the consent or the owner, of property occupied by tenants, may cause acrobatic or hazardous skateboarding to be prohibited on their private property by complying with the provisions of this division (B)(1). (2)(a) In order to cause acrobatic or hazardous skateboarding to be prohibited, the owner, or a majority of the tenants with the consent of the owner, shall provide to the city police services a written notice which contains the following information:
1. A statement that the owner or tenants intend to prohibit acrobatic and hazardous skateboarding on the property;
2. A description of the property, including the ar eas on which acrobatic or hazardous skateboarding is to be prohibited;
3. A description of the signs the owner or tenants intend to post in compliance with § 7-4-501.4 and an identification of the location for the posting of each sign; and
4. The date by which the signs are to be post ed and on which the prohibition is intended to commence.
(b) As to tenant-occupied property, the written notice must be signed by a majority of the tenants that occupy the property on which acrobatic or hazardous skateboarding is to be prohibited. (3) The prohibition on acrobatic or hazardous skateboarding shall go into effect and be enforced by the city police services after the notice required by this section has been provided to the city, the signage provided for by this subchapter has been posted, and the city police service has reviewed the posted signs and determined that they are in compliance with this subchapter. (4) The individuals prohibiting the ac tivities shall be responsible for all costs incurred in providing the notice and posting the signage.
(Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 4, passed 3-3-92) § 7-4-501.4 Posting of signs.
(A) Prior to the enforcement of the pr ohibition on roller skating, skateboarding, bicycling or similar activity, the area so designated shall be posted with signs which provide substantially as follows:
(1) Roller skating, skateboarding, bicycling or similar activity is prohibited by § 7-4-501. Any violation is punishable by a fine of $25.00 for a first offense.
(B)(1) As to either public property or private property, if it is intended that only certain of the activities listed in this section are to be prohibited on certain property, then the required signs shall only designate the activities which have been specifically prohibited.
(2) For example, if only acrobatic and hazardous skateboarding is prohibited for a certain area, then the required signage shall state: "Acrobatic or hazardous skateboarding is prohibited by Laguna Niguel Municipal Code section 7-4-501. Any violation is punishable by a fine of $25.00 for a first offense." (C) The signage required by this section sh all be posted in plain view at all entrances to the property or area for which the prohibition is applicable, and all signs shall not be less than 17 inches by 21 inches in size with lettering not less than one inch in height. The prohibition as to a certain property or area shall not go into effect or be enforced until the required signage has been posted and approved by the city police services. (Ord. 91-38, § 2, passed 6-18-91; Ord. 92-55, § 5, passed 3-3-92) § 7-4-501.5 Fees.
(A) The city council may, by resolution, establish fees for the receipt and processing of applications and petitions for no roller skating, skateboarding, bicycling or similar activity areas. (B) In addition, the city council may, by resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas designated pursuant to this subchapter. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-501.6 Penalty for violation of subchapter.
(A) Any violation of this subchapter is deemed an infraction punishable by a fine of $25.00. (B) A second or subsequent violation of this subchapter shall be punishable by a fine of $50.00. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-501.7 Exemptions from subchapter.
(A) Any devices designated, intended and used solely for the transportation of infants, the handicapped or incapacitated persons, devices designed, intended and used for the transportation of merchandise to and from the place of purchase, and other wheeled devices, when being used for either of these purposes, shall be exempt from this subchapter.
(B) Furthermore, the city council may, by resolution, suspend the enforcement provisions of this subchapter to accommodate special events when so requested by the event organizer. (Ord. 91-38, § 2, passed 6-18-91)
§ 7-4-502 Riding skateboards, roller skates and similar conveyances on roadway. (A) No person shall ride a skateboard, roller skates or other conveyance propelled by human power other than a bicycle or cause or permit such conveyance to roll or coast on the roadway of any highway in the city. (B)(1) Any violation of this section is deemed an infraction punishable by a fine of $25.00. (2) A second or subsequent violation of this section shall be punishable by a fine of $50.00. (Ord. 90-11, § 6, passed 3-6-90; Ord. 91-53, § 1, passed 12-3-91; Ord. 96-90, § 8, passed 4-16-96) § 7-4-503 Pedestrian movements at intersections.
The director is hereby authorized to place and maintain signs or markings to prohibit or to restrict pedestrian crossings at certain legs of intersections.
(Ord. 90-11, § 6passed 3-6-90)
§§ 7-4-504—7-4-599 Reserved.
SUBCHAPTER 6. STOPPING, STANDING AND PARKING OF VEHICLES § 7-4-600 Adoption of regulations.
Except as otherwise provided in this subchapter, regulations pertaining to the stopping, standing or parking of vehicles shall be established by ordinance or resolution of the city council. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-601 Establishment of prohibited or restricted parking zones. (A) Pursuant to the California Vehicle Code, the city council, by ordinance or resolution, shall establish specific portions of street segments where the stopping, standing, or parking of vehicles is either prohibited or subject to parking time limitations.
(B) Notwithstanding the preceding general requirement, the traffic engineer is hereby authorized to place appropriate signs or markings prohibiting or restricting the stopping, standing, or parking of vehicles in the following limited and specific circumstances and in the absence of a city council ordinance or resolution imposing a restriction on a particular street segment.
(C) In the event that the city does not have a designated traffic engineer, the duties set forth in this section may be performed by the Director of Public Works:
(1) Bus stop zones. For loading and unloading passengers at a bus stop, or for loading and unloading children at a school bus stop;
(2) Loading zones. For the purpose of loading and unloading passengers or materials; (3) Passenger loading zones. For the purpose of loading and unloading passengers; (4) School zones.
(a) On either side of any marked school pedestrian crosswalk; and (b) Prohibiting parking or restricting parking during specific hours of the day on that side of any street adjacent to any school property when such parking, in the opinion of the director, interferes with pedestrian, bicycle or vehicle traffic, or creates a hazardous situation. (5) Crosswalks. On either side of any marked pedestrian crosswalk; (6) Intersections. On either side of any highway or street from its intersection with any other highway or street for the purpose of turn lanes or sight distance and visibility; (7) Driveways. On either side of a driveway entrance to any highway or street for the purpose of sight distance and visibility;
(8) Temporary no parking zones. Temporary no parking on any City highway or street where the use of such highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street or the installation of underground utilities; or where the use of the highway or street or any portion thereof is authorized for a purpose other than the normal flow of traffic; or where the use of the highway or street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicles would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicles may be removed are erected or placed at least 24 hours prior to the effective time of such no parking. (9) Railroad crossings. Prohibit stopping from the centerline of a railroad track crossing on any highway or street; and
(10) Narrow streets. Prohibit stopping on only one side of a street which is 30 feet or less in width. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 9, passed 4-16-96; Ord. 2020-204, § 7, passed 3-3-20)
§ 7-4-602 Reserved.
§ 7-4-603 Prohibited parking.
(A) Parking in loading zone.
(1) It shall be unlawful for the operat or of any motor vehicle to park or stop the vehicle in any loading zone for any purpose other than unloading or loading of passengers or materials, provided that no stop for the loading or unloading of passengers shall be made for more than five minutes, or provided that no stop for the loading or unloading of materials shall be made for more than 20 minutes. (2) It shall be unlawful for the operat or of any motor vehicle other than a bus or school bus to stop or park the vehicle in a bus stop zone.
(B) Maximum parking time.
(1) It shall be unlawful to park or stop a vehicle for a period of time longer than 72 consecutive hours upon or within any public parking facility, highway or street.
(2) For purposes of this division (B), the vehicle shall be considered to have remained parked unless, during any 72- hour period, said vehicle has been removed at least 100 feet from the position it previously occupied; or the odometer on said vehicle exhibits a change of at least one-tenth of one mile. (c) Overnight parking of recreation vehicle. It shall be unlawful for any person to camp overnight in a recreation vehicle upon any highway or street, including any part of the right-of-way thereof. For purposes of this section, the term "recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. (C) Parking in no parking zone. Notwithstanding anything herein, it shall be unlawful for any person to park in a designated no parking or no stopping zone, or any time-specific no parking or no stopping zone, when signs or markings are placed giving notice of such prohibition. (D) Parking of vehicle not in condition to be lawfully operated. Notwithstanding the provisions of division (B) above, it shall be unlawful to park, stop or leave sitting for a period of time longer than 12 consecutive hours upon any public street or highway in the city any vehicle not in a condition to be lawfully operated on the public highways.
(E) Parking vehicle for purpose of repair. It shall be unlawful to repair, dismantle, overhaul or perform any mechanical work upon a vehicle, trailer, camp car, trailer coach or recreational vehicle at any time on any part of any public street or highway in the city, except to replace or otherwise repair a tire or to make emergency repairs to enable such vehicle to be removed to a proper place. (F) Regulations for large vehicles. The following regulations shall apply to buses, recreational vehicles, trailer buses, camp trailers, trailers, campers, house cars and trailer coaches. It is the intent of this division (F) that these vehicles shall not be parked on city streets, or designated publicly used parking lots except as provided herein.
(1) No trailer or nonmotorized vehicle shall be left unattached to any vehicle on any city street, designated publicly used parking lot or alley for any period of time.
(2) Subject to § 7-4-606, no person shall park, stop or leave standing any of vehicles described in this division (F), regardless of width, on any city street, designated publicly used parking lot or alley in the city for more than four hours and may only so park; provided that the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking. For the purposes of this division (F), a vehicle shall be considered to have remained parked, unless, during any four-hour period, said vehicle has been moved at least one-half mile from the position it previously occupied. The following are exempt from this division (F):
(a) For the purpose of loading or unloading directly adjacent to the residential (non-commercial) property for which the vehicle is registered, for a period not to exceed 24 hours in a three day period; (b) If a vehicle is parked directly adjacent to the property to which it is registered and is used for daily business activities, as such activities are permitted and licensed in compliance with this municipal code, for a period not to exceed 48 hours in a seven day period;
(c) If a vehicle is parked directly adjacent to the residential property which its occupants are visiting, for a period not to exceed 48 hours in a seven day period; or
(d) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall park, stop or leave standing any of these vehicles, regardless of width, provided the size of the vehicle does not violate any other regulations contained within this municipal code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking.
(g) Parking of trailers and nonmotorized vehicles. No person shall at any time park or leave standing a nonmotorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle, on any public street or highway in the city, except for purposes of loading or unloading and for a period not to exceed two hours.
(H) Parking in bicycle lane. No person shall park or leave standing a vehicle on a designated on-road bicycle lane anywhere on the city arterial highway system, providing signs identifying such a lane and prohibiting parking are posted.
(I) Parking in a time limited parking zone.
(1) No person shall park a motor vehicle at any place in the city in violation of the time limits approved by the city council and for which a sign with the time limits is posted adjacent to the place. (2) The city council approves a two-hour time limit on the parking of motor vehicles on eastbound Hidden Hills Road in front of Juaneño Park between 7:00 a.m. and 10:00 p.m. every day. (J) Unauthorized parking in public parking facilities. When the city has designated certain property as a public parking facility, or has restricted parking space for parking by permit only, or where signs, lines, or other physical evidence indicates the manner in which motor vehicles must be parked thereon, or restricts the time of day or period of time during which motor vehicles may be left standing thereon, any violation of any such signs, lines, directions, or notices shall constitute a violation of this Code. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 11, passed 4-16-96; Ord. 2019-195, § 2, passed 1-15-19; Ord. 2022- 214, §§ 3, 4, passed 5-17-22)
§ 7-4-604 Removal of vehicles from highway.
The removal of vehicles from a city highway or street pursuant to the provisions of California Vehicle Code § 22650 et seq. is authorized under the following circumstances:
(A) When a vehicle is parked or left standing for 72 or more consecutive hours; (B) When a vehicle is illegally parked in violation of any provision of this Code forbidding standing or parking and the use of the highway or street or a portion thereof is necessary for the cleaning, repair or construction of the highway or street, or for the installation of underground utilities, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel;
(C) Whenever the use of a highway or street or port ion thereof is authorized by the city council for a purpose other than the normal flow of traffic or for the movement of equipment, articles or structures of unusual size, and the parking of any vehicle would prohibit or interfere with such use or movement, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by authorized personnel; and
(D) Whenever any vehicle is parked or left standing on a highway or street or portion thereof where such parking has been prohibited by this Code. No vehicle may be removed unless signs are posted giving notice of such removal.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-605 Tow-away zones.
Whenever a no parking area has been established in accordance with the provisions of this Code, the city council may by resolution determine that any one or more of the circumstances described in California Vehicle Code § 22651 exist in such area, and may designate such area as a tow-away zone. Whenever the city council has
designated a tow-away zone, it shall be the duty of the director to cause signs to be posted giving notice that any vehicle parked in such tow-away zone may be removed.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-606 Oversized vehicle parking regulations.
(A) Residence district, for purposes of this section, shall include those areas as defined in California Vehicle Code § 515. All other terms used in this section, unless otherwise defined in the Municipal Code, shall have the same meaning as the term is defined to mean in the California Vehicle Code. (B)(1) Notwithstanding anything herein, no person shall park or leave standing upon any public street or highway in a residence district in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet; or any item of farm machinery or special purpose machine.
(2) Prohibited vehicles may be parked on public residence district streets and highways:
(a) While loading or unloading persons and/or property; (b) When such vehicle is parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked; or (c) To perform repairs of an emergency nature on the vehicle itself. (C)(1) Notwithstanding anything herein, no person shall park or leave standing upon any public street, or highway or public parking facility in the city any commercial vehicle, bus, motor truck, semitrailer, or tractor trailer of a width in excess of 80 inches as measured at the widest portion of the body of the vehicle not including mirrors or other extensions, or of a weight in excess of 10,000 pounds, or of a length in excess of 25 feet between the hours of 2:00 a.m.10:00 p.m. and 6:00 a.m.
(2) Prohibited vehicles may be parked on public streets and highways: provided that such parking does not violate any other regulations contained throughout this municipal code or the California Vehicle Code. (a) While loading or unloading persons and/or property; (b) When such vehicles are parked in connection with, or in aid of the performance of a service to or on a property in the block in which such vehicle is parked;
(c) To perform repairs of an emergency nature on the vehicle; or (d) When such vehicles are parked in compliance with a preferential parking program adopted by resolution of the city council.
(d) No person shall park or leave standing upon any pub lic street any recreational vehicle, house car, trailer coach, trailer attached to a motor vehicle, or any other similar type of vehicle between the hours of 2:00 a.m. and 6:00 a.m. except as follows:
(1) Upon a public street adjacent to property when the purpose of the vehicle being parked at that location is for the loading or unloading of persons and/or property, or when the vehicle is parked in connection with, or in aid of the performance of a service to or on the property, or the occupants of the vehicle are visiting the property. The duration of such parking shall not exceed three days or any portion thereof, out of any consecutive seven-day period. (2) Such a vehicle or attached trailer may be parked upon a public street along any portion of the frontage of a property when the address of the property is stated on the registration for the vehicle or trailer.
The duration of such parking shall not exceed three days, or any portion thereof, out of any consecutive seven-day period.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 93-61, § 1, passed 4-6-93; Ord. 2012-170, § 2, passed 5-15-12; Ord. 2012- 170, § 2, passed 5-15-12)
§ 7-4-607 Residential permit parking.
(A) Purpose. The purpose of the city residential permit parking programs is to regulate and manage residential curb parking problems. The parking problems must substantially interfere with the normal and expected use of available public street parking spaces at regular daily or weekly intervals. The city council may establish residential permit parking programs in accordance with the procedures set forth in this section. (B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Block. Both sides of a street lying between two intersecting streets without interruption by any other intersecting street on either side.
Director. The director of public works of the city.
District. An area established by resolution of the city council, pursuant to this section.
Guest. Any person visiting or intending to visit a person residing in a permit parking district.
Nonresidential user. The owner or tenant in possession of any property in a permit parking designated area which is not used for residential purpose, and the officers, employees, agents, licensees and invitees thereof.
Residential area. Defined per the definition of residence district in the California Vehicle Code § 515.
Street. Both sides of a street defined by logical limits which may span one or more blocks. (C) Designation of permit parking areas. Following review and recommendation by the city traffic commission, the city council may establish permit parking by resolution. Any such resolution shall designate the boundaries of the permit parking district, the streets or the individual block designations. It shall specify the nature of the parking limitations which apply within the designated areas. (D) Procedures.
(1) The resolution specified in division (C) above may provide that parking restrictions imposed pursuant to this section shall apply to the designated permit parking area only after a petition signed by the owners of 67% or more of the residential lots abutting the on-street parking spaces of the subject restrictions have filed a petition with the traffic commission expressing their desire for such parking restrictions. (2) The city clerk shall determine the adequacy of the petition in accordance with the following standards. (a) In the case of a property owned by the co-owners, the signature of any one co-owner on the petition shall be sufficient.
(b) In the case of a property owned by a partnership, the signature of any general partner on the petition shall be sufficient.
(c) Ownership shall be determined by reference to th e latest available tax assessment roll, or by such proof of subsequent acquisition of title as may be provided to the director by the owner. (E) Signs and notices. Upon the establishment of a permit parking designation, the director shall cause appropriate signs to be erected in the entrances of a district, street or block indicating thereon the parking limitation applicable to the area and the exemption therefrom of vehicles with permits. In addition, the
director shall send notification of the permit parking designation and regulations to all recorded homeowners' associations within the area.
(F) Issuance of permits. Applications to park within a residential permit parking designated area may be made by any resident or any eligible nonresidential user residing or working within such area who is licensed to drive a vehicle. Such applications shall be the sole responsibility of the user and filed with the director or their designated representatives. Unless otherwise prescribed by the resolution establishing the district, each household will receive one permanent decal per registered vehicle. Any permit decal issued by the city pursuant to this section shall be valid only so long as the person to whom the permit is issued owns the vehicle and controls the property which ownership or control qualified the person to obtain the permit. Any replacement due to damage of the permit or purchase of a new vehicle is the responsibility of the user. (G) Guest parking permits. Unless otherwise prescribed in the resolution establishing a residential parking permit area, each residential unit shall be entitled to receive three mirror-type guest parking permits from the director. Upon application, residents may receive additional permits as needed for special occasions (placards).
(H) Display of permits (decals). The city will provide each type of permit. (1) A parking permit decal issued pursuant to this se ction, other than a guest parking permit, shall be permanently affixed to the left inside rear window of the vehicle for which it was issued. (2) Guest parking permits shall be displayed by ha nging the permit from the rear view mirror. (3) Placards shall be displayed in left fr ont portion of the dashboard, face up. (I) Exempt vehicles. The following vehicles are exempt from parking restrictions applicable to any parking permit designated area:
(1) Repair, maintenance, re fuse collection, utility, fuel, delivery and service vehicles being used in the course of business;
(2) Vehicles owned or operated by any government agency, or contractor of a government agency, being used in the course of business; and
(3) Emergency life support and health care vehicles owned or operated by any governmental agency, being used in the course of business.
(J) Authority of director. The director is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this section. (K) Permit fees. The city council may, by resolution, establish fees for permit applications under this or other future permit parking programs.
(L) Removal of permit parking restrictions.
(1) The city council, pursuant to a recommendatio n of the traffic commission, may, by resolution, terminate and dissolve any previously established permit parking designation. The director shall remove parking restriction signs in accordance with any such resolution. (2) Permit parking restrictions imposed shall be e nded with a petition so requesting and signed by the owners of 67% of the residential lots abutting such block. Upon their determination that the petition is adequate in accordance with the standards set forth in this section, the director should remove parking restriction signs from such block.
(M) Enforcement and penalties.
(1) Unless exempted by the provisions of this section, no person shall stand or park a motor vehicle in any permit parking designated area in violation of any parking restrictions established pursuant to this section.
(2) It shall be unlawful for any person holding a permit to transfer such a permit to a vehicle not registered for such permit. No person shall copy, produce and otherwise counterfeit a residential or guest parking permit issued pursuant to the permit parking program. The director shall be empowered to cancel or revoke any permit which is utilized for a vehicle not registered pursuant to this section. (3) It shall be unlawful for any person to falsely repr esent themself as eligible for a parking permit or furnish false information to the director or their representatives in an application for a parking permit. (4) Violation of any provision of this section shall be an infraction. The penalty for a first and subsequent conviction shall be assessed according to the uniform bail schedule that is in force at the time of the violation applicable to South Orange County.
(Ord. 90-11, § 6, passed 3-6-90; Ord. 91-47, § 1, passed 10-1-91; Ord. 2007-148, § 1, passed 9-18-07) § 7-4-608 Parking within designated markings.
Where any parking space has pavement markings designating the allotted parking space, vehicles shall be parked entirely within the designated limits of such parking space. (Ord. 2022-214, § 6, passed 5-17-22)
§§ 7-4-609—7-4-699 Reserved.
SUBCHAPTER 7. VEHICLE SIZE, WEIGHT AND LOAD
§ 7-4-700 Weight, size and load restrictions.
The city council may set varying weight, size and load limits on certain bridges or roadways when such a restriction is in the interest of the safety of the motoring public. (Ord. 90-11, § 6, passed 3-6-90; Ord. 96-90, § 12, passed 4-16-96)) § 7-4-701 Permit for variation from limitations.
(A) Issuance. The director is authorized to issue permits for variations from the size, weight and load limitations set forth in California Vehicle Code § 35000 et seq. Such authorization shall be exercised in accordance with the guidelines and restrictions set forth in California Vehicle Code § 35780 et seq. (B) Fee. An administration fee for permits issued for a vehicle or combination of vehicles under the provisions of this section shall be established by resolution of the city council. (C) Security. The director may require such undertaking or security as he deems necessary to protect the highways, streets and bridges from injury, or to provide indemnity for any injury resulting from the operation of the vehicle.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-702 Moving of buildings or other structures.
(A) Minimum manpower. It shall be unlawful for any building or structure 20 feet or more in width to be moved over, upon, along or across any highway, street, alley or way unless the contractor so moving the building shall have not less than five persons engaged in the moving operations, comprised as follows:
(1) A foreman;
(2) A truck driver;
(3) A person on the building to handle wire clearances; and (4) Two flaggers, with one flagger to be at least 300 feet ahead of the building or structure, and the other flagger to follow the building or structure at a distance sufficient to give adequate warning to approaching traffic. The flagger shall carry the signals required by law. (B) Relocation permit required. When any building is to be moved, the permit shall not be issued unless a relocation permit, issued pursuant to title 8, Chapter 1 has been obtained for the relocation of the building or structure.
(Ord. 90-11, § 6, passed 3-6-90)
§§ 7-4-703—7-4-799 Reserved.
SUBCHAPTER 8. ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLES
§ 7-4-800 Purpose and scope of subchapter.
In addition to other statutory authority for the removal of vehicles from public or private property and in accordance with the authority granted by the state under the California Vehicle Code § 22669 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways and streets, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety for minors, to create a harborage for rodents and insects and to be injurious to health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, not including highways and streets, except as expressly permitted in this subchapter, is hereby declared to constitute a public nuisance, which may be abated as such in accordance with the provisions of this subchapter.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-801 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned, Wrecked, Dismantled or Inoperative Vehicles. As defined in California Vehicle Code § 22669.
Owner of the land. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
Owner of the vehicle. The last registered owner and legal owner of record. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-802 Exemptions from subchapter.
(A) This subchapter is not applicable to:
(1) A vehicle, or parts thereof, whic h is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(B) Nothing in this section shall authorize the maintena nce of a public or private nuisance as defined under provisions of law other than this subchapter.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-803 Additional remedies.
This subchapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the county, the state, or any other legal entity or agency having jurisdiction.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-804 Administration and enforcement of subchapter.
Except as otherwise provided in this subchapter, the provisions of this subchapter shall be administered and enforced by the chief of police. In the enforcement of this subchapter such officer and their regularly salaried fulltime deputies may enter upon private or public property to examine a vehicle or parts thereof or obtain information as to the identity of the owner of the vehicle, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-805 Authority of designated contractors.
When the city council has contracted with or granted a franchise to any person to do so, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-806 Fees.
The city council shall, by resolution, determine and fix an amount to be assessed as costs of administration and removal of any vehicle or parts thereof under this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-807 Authority to abate and cause removal.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private property or public property within the city, the chief of police shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this subchapter. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-808 Notice of intention to abate and remove.
(A) A ten-day notice of intention to abate and remove a vehicle or parts thereof as a public nuisance pursuant to this subchapter shall be given unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or parts thereof. (B) The notice shall be mailed by registered or certified mail to the owner of the land, and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(C) The notice of intention shall be in substantially the following form:
LAND OWNER
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to § 7-4-804 of the Laguna Niguel Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof (hereinafter "vehicle"), registered to ___________, license number _______, which constitutes a public nuisance pursuant to the provisions of § 7-4-800 of said Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle or parts thereof, within ten days of the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the city, with administrative costs assessed to you as owner of the land on which said vehicle is located. Upon removal, said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to the California Vehicle Code § 5004.
As owner of the land on which said vehicle is located, you are hereby notified that you may, within ten days after the mailing of this notice of intention, request a public hearing; and if such a request is not received by the chief of police within such ten-day period the chief of police shall have the authority to abate and remove said vehicle as a public nuisance and assess the cost as aforesaid without a public hearing. You may submit a sworn written statement within such ten-day period denying responsibility for the presence of said vehicle on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you
or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice mailed ________.
(date)
/s/ ___________
Chief of Police
VEHICLE OWNER
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE
(Name and address of last registered and/or legal owner of record of vehicle. Notice should be given to both if different.)
As the last registered (and/or legal) owner of record of (description of vehicle— make, model, license, etc.), you are hereby notified that the undersigned, pursuant to § 7-4-804 of the Laguna Niguel Municipal Code, has determined that said vehicle, or parts thereof (hereinafter "vehicle"), exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of § 7-4-800 of said Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle within ten days after the mailing of this notice. You are further notified that you may, within ten days after the mailing of this notice of intention, request a public hearing; and if such a request is not received by the chief of police within such ten-day period the chief of police shall have the authority to abate and remove said vehicle without a hearing. Upon removal said vehicle(s) shall not be reconstructed or made operable unless it qualifies for either horseless carriage license plates or historical vehicle license.
Notice mailed ________.
(date)
/s/ ___________
Chief of Police
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-809 Hearing prior to removal.
(A) Upon request by the owner of the vehicle or owner of the land received by the chief of police within ten days after the mailing of the notices of the intention to abate and remove pursuant to this subchapter, a public hearing shall be held by the chief of police or their designee on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administration cost and the costs of removal of the vehicle or parts thereof against the property on which it is located.
(B) If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on their land within such ten-day period, the statement shall be construed as a request for a hearing, which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail, at least ten days before the hearing, to the owner of the land, and to the owner of the vehicle, if known. If such a request for hearing is not received within ten days after mailing of the notice of intention to abate and remove, the chief of police shall have the authority to abate and remove the vehicle as a public nuisance without holding a public hearing.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-810 Procedure for hearings and orders.
(A) All hearings under this subchapter shall be held before the chief of police or their designee, who shall hear all facts and testimony they deem pertinent. The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property.
The chief of police or their designee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with their reasons for such denial.
(B) The chief of police or their design ee may impose such conditions and take such other action as they deem appropriate under the circumstances to carry out the purpose of this subchapter. They may delay the time for removal of the vehicle or parts thereof if, in their opinion, the circumstances justify it. At the conclusion of the public hearing, they may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the vehicle or parts thereof removed from the property as a public nuisance and disposed of as provided in this subchapter and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available. Such order shall be in writing. (C) If it is determined at the hearing that the vehicle wa s placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police or their designee shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. (D) If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on their land but does not appear, they shall be notified by registered or certified mail of the decision. If the owner of the vehicle requested the hearing, but does not appear, they shall be notified by registered or certified mail of the decision.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-811 Appeals.
(A) The owner of the land or the owner of the vehicle who requested a public hearing by the chief of police pursuant to this subchapter may appeal the decision of the chief of police by filing a written notice of appeal with the chief of police within five days after the decision of the chief of police. (B) Such appeal shall be heard by the city council, which may affirm, amend or reverse the order or take other action deemed appropriate.
(C) The city clerk shall give written notice of the ti me and place of the hearing to the appellant and those persons specified in § 7-4-808.
(D) In conducting the hearing, the city council shall not be limited by the technical rules of evidence. The decision of the city council shall be final.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-812 Disposition of vehicle after order or appeal.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance pursuant to this subchapter, or five days from the date of mailing the notice of the decision if such notice is required by § 7- 4-810, or 15 days after such action of the city council authorizing removal following appeal, the vehicle or parts
thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard, subject to the provisions of § 7-4-808 relating to horseless carriages or historic vehicles. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-813 Notice to state department of motor vehicles.
Within five days after the date of removal of a vehicle or parts thereof pursuant to this subchapter, notice shall be given to the California department of motor vehicles identifying the vehicle or parts thereof removed. At the same time, there shall be transmitted to the department of motor vehicles any evidence of registration available, including but not limited to registration cards, certificates of ownership or license plates. (Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-814 Assessment of costs of removal.
If the administrative costs and the cost of removal which are charged against the owner of the parcel of land pursuant to § 7-4-806 are not paid within 30 days of the date of the order or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land and collected pursuant to California Government Code § 25845.
(Ord. 90-11, § 6, passed 3-6-90)
§ 7-4-815—7-4-899 Reserved.
SUBCHAPTER 9. TEMPORARY STREET CLOSURE
§ 7-4-900 Generally.
(A) Permit required.
(1) Except as otherwise provided by law, it shall be unlawful, to close any public street unless a street closing permit therefor has been issued in accordance with the provisions of this subchapter. (2) The director of public works may issue a street closing permit subject to the provisions of this subchapter and subject to such terms and conditions as are determined by the director to be necessary and proper for the protection of the public health, safety and welfare. (3) Street closing permits sha ll only be issued to adults. (B) Fire lanes. Any street closed pursuant to the provisions of this subchapter shall at all times have a 15-foot wide emergency vehicle lane which lane shall extend throughout the closed area of the street and beyond to the next intersection in both directions. Said lane, shall be at all times kept clear of all obstructions to provide emergency vehicular access.
(C) Fire hydrants. No obstruction shall be erected or maintained within a 15-foot wide radius of any fire hydrant. (D) Time limits. No street closing permit shall be issued for any duration longer than one calendar day, nor for any time before 8:00 a.m. or after 12:00 a.m. (midnight). (E) Closure limits. No street closing permit shall be issued which allows the closure of an intersection, the closure of any street for more than 600 feet measured along the centerline of the street, or the closure of 300 feet on a cul-de-sac or dead end.
(F) Number. No more than five temporary street closures will be permitted on the same calendar day in any fire station initial response area. Applications therefor will be considered on a chronological (first come first served) basis.
(G) Department. Any event for which a street closing permit has been issued shall be conducted in such a manner so as not to unduly disturb the public peace.
(H) Alcoholic beverages. At no event for which a street closing permit has been issued shall there be permitted the sale of alcoholic beverages. In addition the consumption thereof by any minor is not permitted. (I) Cleanup. Any person or persons issued a street closing permit shall, at the conclusion of the event for which such permit was issued, return all public properties to their original condition. (J) Street barricades. Any person or persons issued a street closing permit shall personally pick up from the public works department and return to the department all street barricades necessary for the event and the street closure. Any such person shall place, remove and maintain the street barricades in their proper position during the approved time for the street closure and notify city Police Services and the County Fire Authority as to the exact time of the placement and removal of the street barricades. (K) Additional requirements. Notwithstanding any other provision of this subchapter, the chief of police and/or the fire chief or their delegates may impose, as to the issuance of a street closure permit, such additional conditions or requirements as each may deem reasonably necessary for the protection of health and safety. (L) Interference with event. No person shall join or participate in any event for which a street closing permit has been issued without the express or implied consent of the permittee, nor shall any person interfere with its orderly conduct.
(M) Noise. The event and participants shall at all times comply with the provisions contained in §§ 6-6-1 through 6-6-15 which pertain to the abatement of noise.
(N) Revocation or suspension. Any street closing permit may be immediately suspended or revoked by the director of public works if they determine that there has been a failure to comply with the terms and conditions of the issued street closing permit or the provisions of this subchapter. Upon suspension or revocation of the permit, the person receiving the permit shall immediately remove the street barricades, and if that person fails to remove them, they may be removed by the public works department. (Ord. 96-91, § 1, passed 4-16-96)
§ 7-4-901 Application procedure.
(A) Applications.
(1) Every application for a street closing permit sha ll be made in writing upon such forms as shall be designed and promulgated by the department of public works. (2) Every application for a street closing permit shall be filed with the city not less than 30 days nor more than 90 days prior to the date of the event.
(3) All applications for a street closing permit shall include:
(a) The names, addresses and signatures of the app licant or applicants, or, if the applicant is an organization, the names, addresses and signatures of its responsible officer(s); (b) The exact location of the proposed street closure and the date and times therefor; (c) The names, addresses and written consent of all owners or property abutting the affected street; and
(d) A description of the nature of the event, the estimated number of participants, and the nature of entertainment at the event, if any.
(B) Deposit. As a condition of issuance of any street closing permit, a refundable deposit may be required by the public works department to ensure cleanup and repair of public property after the conclusion of the event for which the street has been closed or for other purposes, such as insuring the return of the barricades in good condition.
(C) Damages; insurance.
(1) Any person or persons to whom a street closing permit has been issued shall be liable for any loss or damage to any city property arising out of the issuance or exercise of said permit. (2) As a condition to the issuance of any street cl osing permit, the permittee or permittees may be required by the public works department to provide insurance to indemnify and defend the city and its officers and employees from any and all personal injuries and property damages, including costs of litigation, arising out of the issuance and use of such permit. (D) Permit processing.
(1) Upon receipt of any street closing permit application, the public works director, prior to their issuing a permit, shall forward the application to police services and the County Fire Authority for their review and approval.
(2) The director of public works shall issue a street closing permit upon his finding of the following:
(a) That the proposed activity or us e of the street will not unreasonably interfere with traffic circulation in the area;
(b) That the proposed activity and use will not be detrimental to the public health, welfare, safety and recreation; and
(c) That the proposed activity or use will not en tail extraordinary or burdensome expense to the emergency services of the city.
(E) Appeal.
(1) The decision to grant or deny any application for a street closing permit may be appealed to the traffic commission for consideration at its next regularly scheduled meeting. (2) The decision of the traffic commission may be appealed to the city council for consideration at its next regularly scheduled meeting.
(3) Any permit under appeal shall be considered denied , if there is insufficient time to complete the appeal process.
(Ord. 96-91, § 1, passed 4-16-96)
§ 7-4-902 Enforcement of street closure.
No person shall stop, stand or park a vehicle either upon any portion of roadway temporarily closed pursuant to this subchapter, nor adjacent to either side of any barricade erected therefor; provided, however, that the provisions of this subchapter shall not apply to the loading or unloading of material. (Ord. 96-91, § 1, passed 4-16-96)
Chapter 5 FLOOD CONTROL AND DRAINAGE
Subchapter 1. Protection of District Property, § 7-5-1
SUBCHAPTER 1. PROTECTION OF DISTRICT PROPERTY
Sec. 7-5-1. Alteration or obstruction of drainage works or ditches. (A) Districts under 1903 act. It shall be unlawful for any person, without permission or authority from the board of directors of any drainage district in the county organized under an act of the legislature of this state entitled "An act to provide for the organization and government of drainage districts, for the drainage of agricultural lands other than swamp and overflowed lands, and to provide for the acquisition or construction thereby of works for the drainage of the lands embraced within such districts" and approved March 20, 1903, and acts amendatory thereof, to dig in, upon or through any of the works of any such district, or impair, remove or obstruct any of such works or any ditch, pipe, aqueduct or bridge constituting a part of any such works, whereby the efficiency of such works may be impaired or endangered and the drainage of the lands of such district or a portion thereof be prevented, impeded, retarded or endangered, or the overflow of such lands or a portion thereof from the works so injured, impaired or obstructed be caused or endangered.
(B) Districts under 1907 act. It shall be unlawful for any person, without permission or authority from the board of directors of any protection district in the county organized under an act of the legislature of this state entitled "An act providing for the organization and government of districts for the protection of the lands of farming or other communities or neighborhoods within this state from overflow or damage from the waters of any unnavigable stream, watercourse, canyon or wash extending by, through or over such communities or neighborhoods, and to provide for the acquisition of lands, rights-of-way and other property by purchase, gift or condemnation, and for extending, straightening, locating, improving and maintaining the channels of such streams, watercourses, canyons or washes, and confining said waters in such channels and preventing the overflow thereof, and for the construction by such districts of the necessary works for said purposes," and approved February 23, 1907, and acts amendatory thereof, to dig in, into, upon or through any of the works of any such districts or impair or remove any part of the levee or banks or beds of any channel or obstruct any channel constituting a part of such works whereby the strength, sufficiency or efficiency of such works or of such levee, bank or channel may be impaired or endangered, and the protection of the lands of farming or other communities or neighborhoods within such protection districts from overflow or damage be prevented or endangered.
(Ord. 90-11, § 6, passed 3-6-90)
Laguna Niguel, California, Code of Ordinances
TITLE 8 BUILDING REGULATIONS
TITLE 8
BUILDING REGULATIONS
Chapter 1. Buildings and Construction Generally
Chapter 2. Electrical Code
Chapter 3. Plumbing and Swimming Pool Regulations
Chapter 4. Sanitary Sewer Collection Systems
Chapter 5. Mechanical and Solar Energy Appliances
Chapter 6. California Existing Buildings Code
Chapter 7. California Administrative Code
Chapter 8. Oil Drillin g and Production
Chapter 1 BUILDINGS AND CONSTRUCTION GENERALLY
Subchapter 1. General Pr ovisions, §§ 8-1-1—8-1-11
Subchapter 2. 2025 California Building Code and Related Codes, §§ 8- 1-12—8-1-93
Subchapter 3. Sign Code, §§ 8-1-94—8-1-166
Subchapter 4. Reserved, §§ 8-1-167—8-1-177
Subchapter 5. Tent Code, §§ 8-1-178—8-1-188
Subchapter 6. Relocated Buildings Code, §§ 8-1-189—8-1-199 Subchapter 7. International Property Maintenance Code, §§ 8-1- 200—8-1-799
Subchapter 8. Grading and Excavation Code, §§ 8-1-800—8-1-899 Subchapter 9. California Residential Code - Amendments, §§ 8-1- 900—8-1-999
Subchapter 10. 20 1325 Edition of the California Green Building Standards Code, §§ 8-1-1000, 8-1-1000.1
Subchapter 11. Small Residential Rooftop Solar Systems, §§ 8-1- 1001—8-1-1006
Subchapter 12. Electric Vehicle Charging Stations Permit, §§ 8-1- 1007—8-1-1012
Subchapter 13. California Wildland-Urban Interface Code, § 8-1-1301 Subchapter 14. California Energy Code, § 8-1-1401
SUBCHAPTER 1. GENERAL PROVISIONS
§ 8-1-1 House numbering system.
It shall be the duty of the community development director to assign the numbers to be allotted to all property along all roads, streets and highways in the city in accordance with the provisions of the California Building Code and the California Fire Code.
(Ord. 95-85, § 2, passed 11-21-95; Ord. 2002-125, § 2, passed 12-3-02) § 8-1-2 Violations.
(A) For all sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, any and all amendments to these codes, included within this chapter, the following shall apply pertaining to violations and shall replace any sections of those codes that pertain to violation. (B) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. (C) Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and, upon conviction of any such violation such persons shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.
(Ord. 2013-174, § 2, passed 12-3-13)
§ 8-1-3 Board of appeals.
(A) For all sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, including any and all amendments included within this chapter, the following shall apply pertaining to board of appeals and shall replace any sections of those codes that pertain to board of appeals. (B) In order to determine the suitability of alternate materials and methods of construction and provisions of these codes, there shall be and there is hereby create a board of appeals, consisting of five members, composed of the mayor and the other members of the city council. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with, their terms of service as council members and shall cease to be such members upon their ceasing to be such council members. The Building Official shall be the secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the city council such new legislation, if any, as is consistent therewith.
(C) Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board and, in the mayor's absence, the mayor pro-tem shall preside. Meetings shall be conducted in accordance with the Brown Act, being California Government Code §§ 54950 through 54963, or as may be amended.
(D) The board shall have the right, subject to such limits as the city council may prescribe, by resolution, to employ at the cost and expense of the city, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions. (Ord. 2013-174, § 2, passed 12-3-13)
§ 8-1-4 Fees.
For all sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, including any and all amendments included within this chapter, pertaining to fees are hereby amended to read as follows: “All fees shall be as set forth by resolution of the city council.”
(Ord. 2013-174, § 2, passed 12-3-13)
§ 8-1-5 Administration.
All administrative sections of the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Buildings Standard Code, California Administrative Code, California Referenced Standards, California Energy Code, California Wildland-Urban Interface Code, International Property Maintenance Code, International Swimming Pool and Spa Code and Uniform Solar, EnergyHydronics and Geothermal Code, are hereby deleted and replaced by Chapter 1 of the 20132025 California Building Code, as amended in this chapter. (Ord. 2013-174, § 2, passed 12-3-13)
§§ 8-1-6—8-1-11 Reserved.
SUBCHAPTER 2. 2025 CALIFORNIA BUILDING CODE AND RELATED CODES § 8-1-12 Adoption of 2025 California Building Code and Related Codes. (A) For the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, the city council hereby adopts by reference the following codes in their entirety subject to the amendments, additions and deletions set forth hereinafter:
(1) 2025 Edition of the California Building Code, ba sed on the 2024 International Building Code as published by the International Code Council;
(2) 2025 Edition of the California Residential Code, ba sed on the 2024 International Residential Code as published by the International Code Council;
(3) 2025 Edition of the California Green Building Stan dards Code as published by the California Building Standards Commission;
(4) 2024 Edition of the International Property Mainte nance Code, as published by the International Code Council;
(5) 2025 Edition of the California Electr ical Code, based on the 2023 National Electric Code as published by the National Fire Protection Association;
(6) 2025 Edition of the California Plumbing Code, base d on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials; (7) 2024 Edition of the International Swimming Pool a nd Spa Code as published by the International Code Council;
(8) 2025 Edition of the California Mechanical Code based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; (9) 2025 Edition of the California Administrative Code as published by the International Code Council; (10) 2025 Edition of the California Wildland-Urban Interface Code based on the 2024 International Wildland-Urban Interface Code as published by the International Code Council; (11) 2025 Edition of the California Energy Code based on the 2024 California Energy Code as published by the International Code Council.
(B) The provisions of these codes, as amended in this title, shall constitute the Building Regulations of the City. The foregoing codes are on file for public examination in the office of the building official. One copy of the each of the codes adopted herein is filed in the office of the city clerk. (Ord. 2022-219, § 2, passed 11-15-22)
§ 8-1-13 2025 California Building Code—Chapt er 1, Scope and Administration, amended.
Chapter 1 of the 2025 California Building Code, Division II, Scope and Administration, is adopted in its entirety with the following amendments:
(A) Section 104.8, “Liability”, is amended to include the following:
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 this jurisdiction. (B) Section 105.2, ”Work Exempt from Permit”, is amended to revise Item Nos. 2 and 9 and remove Item No. 4 as follows:
105.2. Work Exempt from Permit:
2. Walls, fences and/or gates less than 42 inches in height.
4. (Removed).
9. Prefabricated swimming pools accessory to a Gr oup R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. (C) Section 105.3.2.1 “Permit application time limits from code enforcement action” is hereby added as follows:
105.3.2.1 Permit application time limits from code enforcement action. Applications for a permit for any proposed work submitted as the result of a Code Enforcement written Notice of Violation for which no permit is issued shall be deemed to have expired 60 days from the date of filing. The Building Official is authorized to grant extensions of time for justifiable good cause. The extension shall be requested by the owner or designee in writing and justifiable cause demonstrated. (D) Section 105.5, ”Expiration”, is hereby amended to read as follows:
105.5 Expiration of building permit. Every permit issued shall become expired unless the work on the site authorized by such permit is commenced within 12 months after its issuance unless the permittee has abandoned the work authorized by the permit, or if the work authorized on the site by such permit is suspended pursuant to Health & Safety Code (H&SC) Section 18938.5(b)(2)(C). For the purpose of this section, the existence of circumstances or facts leading the Building Official to conclude that the work has ceased with no apparent intent to recommence, or otherwise that the work cannot be performed shall be deemed to be abandonment of work as referenced in H&SC Section 18938.6. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, subject to Section 105.5.2. As a condition of granting any permit extension, the Building Official may require the payment of permit fees based on the remainder of work to be completed. The Building Official shall not grant an extension unless the permittee submits a written application and demonstrates that there is justifiable cause for the extension requested in accordance with the findings set forth in Section 105.5.2.
(E) Section 105.5.2, ”Extensions of building permit”, is hereby added to read as follows:
105.5.2 Extensions of building permit. Upon written request of the owner or designee, the Building Official may grant one or more extensions of the period for completion of construction, in writing, each for a period not to exceed 180 days. The written request must demonstrate justifiable cause for the extension to the Building Official, who shall have the authority to make such a determination that justifiable cause exists to grant the extension. The Building Official shall not find that justifiable cause exists to grant the extension unless the Building Official make all of the following findings: (1) that due to circumstances beyond the owner's or permittee's control, construction could not be completed within the time frame allowed by this section; (2) that reasonable progress has been made; (3) that the condition of the property presents no health or safety hazard; and (4) that the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. Any request for extension shall be submitted not less than 15 days prior to the expiration date of the building permit. The Building Official shall have the discretion to deny any extension requested, or to grant an extension of less than 180 days based on the extension application.
(F) Section 105.8, ”Maintenance of residential property during remodeling”, is hereby added to read as follows:
105.8 Maintenance of residential property during remodeling. During remodeling, all property shall be maintained in a reasonably clean and well-kept manner. All lumber and building materials shall be neatly piled or stacked in a safe manner and stored in the rear yard of the residential property or inside of the building construction perimeter except that building materials may be stored in a front yard for a period not to exceed 60 days. Properties shall be secured by fencing when the Building Official determines fencing is necessary for public safety and/or welfare. (G) Section 105.9, ”Reconstruction”, is hereby added to read as follows:
105.9 Reconstruction. If the value of the reconstruction (or renovations) of a building is equal to or exceeds 75% of the current value of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.
(H) Section 112.4, ”Underground utilities required”, is added to read as follows:
112.4. Underground utilities required. The Building Official shall, as a condition precedent to the issuance of a building permit, require all utility services located within the exterior boundary lines of a lot or parcel of property to be installed underground if:
1. The property is to be developed with a new or relocated main building.
2. The remodeling, alteration or addition to an existing main building exceeds 50% of the value or area of the existing building.
3. A residential building or use is converte d to any nonresidential use or purpose.
For purposes of this section, the term "main building" shall mean a building in which is conducted the principal use of the lot or building site on which it is located.
The owner or developer of the property is responsible for complying with the requirements of this section and shall provide all necessary facilities on the property to receive such service from the supplying utilities.
If it is determined that practical difficulties or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property would result from the literal interpretation of this section, the Building Official may waive, modify or delay the imposition of any under-grounding requirement imposed pursuant to the section upon written application of any affected property owner.
If the Building Official determines to delay the installation of required underground utilities, a recorded agreement guaranteeing the future performance of the work may be required, together with adequate performance security enforceable by the City in the form of a cash deposit, bond letter of credit or other instrument satisfactory to the City Attorney.
For 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. (Ord. 2025-237, § 2, passed 12-02-25)
§ 8-1-14 2025 California Building Code—Chapter 2, Definitions, amended.
Section 202, “Definitions”, is hereby amended by adding "OCFA" and "Spark Arrester" in alphabetical order, as follows:
OCFA. The Orange County Fire Authority which is the fire department/authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordan ce with California Building Code Chapter 28. (Ord. 2025-237, § 2, passed 12-02-25)
§ 8-1-15 2025 California Building Code—Chapt er 5, General Building Heights and Areas, amended.
Section 502.1, ”Address identification”, is hereby amended 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. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. For commercial and other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 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. (Ord. 2025-237, § 2, passed 12-02-25)
§ 8-1-16 2025 California Building Code — Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure, amended.
Section 701A.3, ”Application”, is hereby amended as follows:
701A.3 Application. New buildings located in any Very High Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with Chapter 7A.
Additions to buildings and accessory structures located in areas currently designated as such, shall comply with the provisions of this chapter listed below.
1. Vents 706A.1 General
2. Decking 709A.1 General
3. Accessory Structures 710A.1 General
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.
2. Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Buildin g, as defined in Section 202 of this code (see also Appendix C - Group U Agricultural Buildings), when located at least 50 feet from an applicable building.
4. Additions with a valuat ion less than $50,000.
(Ord. 2022-219, § 2, passed 11-15-22)
§ 8-1-17 2025 California Building Code—Chapter 9, Fire Protection and Life Safety Systems, amended.
(A) Section 903.2, ”Where required”, is hereby amended 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:
1. New buildings: Notwithstanding an y applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire sprinkler system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.
2. Existing Buildings: Notwithstandi ng any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the exist ing building area, and the resulting building area exceeds 5,000 square feet as defined in Section 202.
b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet as defined in Section 202.
c. An additional story is added above the second floor regardless of fire area or allowable area.
Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8.2. (B) Section 903.2.8, ”Group R”, is hereby amended 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:
1. New Buildings: An automatic sprinkler system shall be installed througho ut all new buildings.
2. Existing Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When the floor area of alterations within any tw o-year period exceeds 50% of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet. b. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. (C) 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 pound per square inch (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.
(Ord. 2025-237, § 2, passed 12-02-25)
as
TABLE 903.3.5.3
Hydraulically Calculated Syst.ems
110 120 130 140 150 PSI
§ 8-1-18 2025 California Building Code—Chapter 15, Roof Assemblies and Roof Structures, amended.
(A) Table 1505.1, “Minimum Roof Assembly Classification for Types of Construction”, is amended to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION FOR
TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A A
(B) Section 1505.1.2, ”Roof Coverings within all other areas other than Fire Hazard Severity Zones or a Wild- Urban Interface (WUI)”, is amended to read as follows:
1505.1.2 Roof Coverings within all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI). The entire roof covering of every existing structure where more than 50% 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.
(C) Section 1505.5, “Nonclassified roofing” is amended by deletion of the entire section. (D) Section 1505.7, “Requirements for roof coverings”, is amended by deletion of the entire section. (Ord. 2025-237, § 2, passed 12-02-25)
§ 8-1-19 2025 California Building Code—Cha pter 31, Special Construction, amended. (A) Section 115922(a) of § 3109.2 California Swimming Pool Safety Act (statewide) is hereby amended as follows:
115922 (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa, at a private, single-family home the respective swimming pool or spa shall be equipped with Item No. 1 and at least one additional of the following seven drowning prevention safety features:
1. An enclosure that meets the requirements of Sect ion 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the single-family structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in Item No. 4 or No. 5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature.
2. Removable mesh pool fencing that meets Amer ican Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
3. A manually operated or power operated safety pool cover that is accompanied by a label verifying that the cover meets the specifications of the ASTM International F1346-23 standard.
4. Exit alarms on the private single-family home's d oors that provide direct access to the swimming pool or spa without any intervening enclosure. Whenever a door is opened or left ajar, exit alarms shall make either an audible, continuous alarm sound or a repeating verbal warning, such as a notification
that “the door to the pool is open”. An exit alarm may be battery operated or connected to the electrical wiring of the building.
5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372mm) above the floor on the private single-family home's doors providing direct access to the pool or spa.
6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms" which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning safety prevention feature.
7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASME).
Prior to the issuance of any final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention devices required by this act and if no violations are found, shall give final approval.
(B) Section 3109.2.1, ”Residential swimming pools”, is hereby added to read as follows:
3109.2.1 Residential swimming pools.
3109.2.1.1 Disclosure Statement. The owner of the property where the swimming pool is located shall sign and file with the City, a disclosure statement certifying the homeowner's understanding of the potential life- safety hazards associated with a swimming pool and the need to maintain the barrier requirements set forth in Sections 3109.4.1.1 through 3109.4.1.9.
3109.2.1.2 Maintenance. Failure to maintain the barrier or comply with all provisions of this section may result in an enforcement action by the City requiring the immediate draining of the pool. The pool shall not be refilled until such time compliance has been achieved with all provisions of this section. All swimming pool water shall be maintained in a clear condition, which is free of algae, insects, debris, and in a sanitary condition.
3109.2.1.3 Approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Building Official until there has been compliance with all provisions of this article. 3109.2.1.4 Modifications. When there are practical difficulties involved in carrying out the provisions of this section, the Building Official may grant modifications for individual cases. The Building Official shall first find that a special individual reason makes the strict letter of this section impractical and that the modification is in conformance with the intent and purpose of this section and that such modification does not lessen the degree of protection afforded by the provisions of this section. The details of any action granting modifications shall be recorded and entered into the files of the Community Development Department, including the building permit file for the respective property. (Ord. 2025-237, § 2, passed 12-02-25)
§§ 8-1-20—8-1-93 Reserved.
SUBCHAPTER 3. SIGN CODE
§ 8-1-94 Short title.
This subchapter shall be known and cited as the “Sign Code”. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-95 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Advertising surface. The total area of the face of the structure, excluding supports.
Building Code. The adopted 2025 California Building Code and related codes.
Combination sign. Any sign incorporating any combination of the features of ground, projecting and roof signs.
Director. The director of community development and their assistants and deputies, and inspectors and officers of the community development department.
Electric sign. Any sign containing electrical wiring, but not including signs illuminated by an exterior light source.
Erect. To build, construct, attach, hang, place, suspend or affix.
Grade. The elevation of the finished surface of the ground beneath an advertising sign.
Ground sign. A sign supported by uprights or braces placed upon or into the ground and detached from any building.
Illuminated sign. A sign which has characters, letters, figures, designs or an outline illuminated by electric lights or luminous tubes as a part of the sign proper.
Incombustible material. Any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature.
Tests shall be made as specified in Uniform Building Code Standard No. 4-1-58 the adopted 2025 California Building Code and related codes.
National Electrical Code. The current National Electrical Code adopted by the city council.
Nonstructural trim. The molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure.
Person. Any person, firm, partnership, association, corporation, company or organization of any kind whatsoever.
Plastic materials. Materials made wholly or principally from standardized plastics listed and described in the Uniform Building Codeadopted 2025 California Building Code and related codes.
Projecting sign. A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom.
Public safety area. A strip of land 20 feet in width and running parallel with the street right-of-way.
Roof sign. A sign erected wholly upon or above the roof of a building or structure, or upon or above canopies, marquees and similar overhangs.
Sign. Any structure, device or contrivance and all parts thereof which are erected or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of
any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. This definition also includes electric signs. This definition shall not be held to include, unless otherwise provided for in this subchapter, any board, sign or surface used exclusively to display official notices issued by any court officer or public officer or a private person in giving legal notice; nor shall it be held to include a nonilluminated ground sign the advertising surface of which does not exceed six square feet and which does not extend more than six feet above grade; nor shall it be held to include a nonilluminated professional sign such as used by a doctor, dentist or similar professional person, provided the advertising surface of such nonilluminated sign does not exceed six square feet and the sign extends not more than six feet above grade.
Uniform Building Code means the current Uniform Building Code (UBC) adopted by the city council.
Uniform Building Code Standards means the current Uniform Building Code Standards of the Uniform Building Code as adopted by the city council.
Wall sign. A sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-96 Permit required.
(A) No person shall erect or maintain, or cause to be erected or maintained, any advertising sign or add to an existing advertising sign or move from one location and erect in another location or alter any advertising sign or any part thereof without first obtaining a permit to do so from the director. (B) The placing, attaching or superimposing of letters, fi gures or representations in cutouts of irregular form during the change of advertising copy shall not be considered a structural change for which a permit is required; provided that such advertising sign has been first approved by the director as an advertising sign capable of receiving such cutouts. Approval of such signs shall be contingent upon proof that the sign is so designed and constructed as to adequately support the loads contributed by the cutouts or irregular shapes. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-97 Application for permit.
(A) Application for erection permits under this subchapter shall be made on forms provided by the director. (B) The forms shall contain or have attached thereto such information as the director may require to show full compliance with this subchapter and all other applicable laws and ordinances of the city. (C) Two copies of plans and specificat ions shall be submitted with the application for a permit for each sign.
Such plans shall show the method of support and attachment, location, materials and colors to be used.
Plans for all roof signs and other signs which by reason of their height or characteristics make them subject to excessive stresses shall be accompanied by structural computations showing that the structure is designed for dead load and wind pressures, in any direction, in the amount required by this subchapter. Sufficient data shall be submitted to show that the supporting surfaces and other members of the existing building or structure to which a sign is to be attached are in good condition and are adequate to support the additional load imposed.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-98 Illuminated signs.
The erection of a sign in which electrical wiring and connections are to be used shall, as a condition precedent to the issuance of a sign permit, require a separate electrical permit in compliance with the National Electrical Code. Prior to erection, the sign shall be physically inspected by the director. (Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-99—8-1-103 Reserved.
§ 8-1-104 Issuance of permit.
It shall be the duty of the director to examine the plans and specifications upon the filing of a sign permit application. If it shall appear that the proposed sign is in compliance with this subchapter and other applicable codes and ordinances of the city, they shall, upon receipt of the required fee, issue the permit. Failure to complete work within 120 days after the date of issuance shall make the permit null and void. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-105 Conformance with plans.
When a permit is issued under this subchapter, the plans shall be stamped with the director's approval. No changes, alterations or modifications shall be made thereto. The sign structure shall be erected in conformity with the approved plans unless authorization to modify is obtained from the director and the plans and records are so changed and noted.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-106 Fees generally.
(A) Permit fees. A fee as established by resolution of the city council shall be paid for each permit at time of issuance.
(B) Plan-check fees. A plan-checking fee shall be paid to the director at the time of submitting plans and specifications for checking. The plan-checking fee shall be established by resolution of the city council. (C) Investigation fee. An investigation fee as established by resolution of the city council may be charged by the director whenever any work for which a permit is required by this subchapter has been commenced without first obtaining such permit. This fee shall be paid and the investigation shall be made prior to the issuance of any permit for such work. An investigation fee may be charged for any investigation of a sign, work reports, certification or any other related work requested by an owner or authorized agent of such owner. (D) Reinspections.
(1) A reinspection fee may be assesse d for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. (2) This division (D) is not to be interp reted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this subchapter, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
(3) Reinspection fees may be assessed when the permit card is not properly posted on the work site or 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 director. (4) To obtain a reinspection, the a pplicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee as established by resolution of the city council. (5) In instances where reinspection f ees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-107 Double fees.
Failure to obtain a sign permit prior to the erection of a sign shall require the payment of a double fee; however, payment of the double fee shall not relieve any person from fully complying with other provisions of this subchapter, or from liability for the penalties prescribed in this subchapter. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-108 Permit not to authorize violation of regulations.
The issuance or granting of a sign permit shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this subchapter, and no sign permit presuming to give authority to violate or cancel the provisions of this subchapter shall be valid except insofar as the work or use which is authorized by the issuance of a sign permit is lawful.
(Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-109—8-1-113 Reserved.
§ 8-1-114 Unsafe signs.
(A) Inspection. The director shall, inspect at such times as they deem necessary, each sign regulated by this subchapter, for the purpose of ascertaining whether the sign is secure or insecure and whether it is in need of removal or repair.
(B) Abatement. If the director shall find that any sign regulated in this subchapter is unsafe or insecure, or is a menace to the public, or has been constructed, erected or maintained in violation of the provisions of this subchapter, it shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section 203 of the Uniform Building Codethe adopted 2025 California Building Code and related codes, pertaining to unsafe buildings, nuisance, notice, administrative hearing and appeal, as amended by the city.
(C) Summary removal. The director may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-115 Maintenance.
No person owning or controlling an advertising sign shall fail to keep such sign in a state of good repair at all times with all braces, bolts and clips and the supporting frame free from deterioration, termite infestation, rot, rust, loosening and in such condition that at all times it will withstand the wind pressure specified in this subchapter.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-116 Correction of violations; stop work orders.
(A) If, after inspection, any advertising sign or any port ion thereof is found to violate any provision of this subchapter, the corrections required shall be made promptly and the sign shall be made to conform in all respects and another call for final inspection shall be made. (B) No person shall continue or proceed with any sign er ection work in violation of this subchapter or of any other code or ordinance regulating such signs after receipt of any notice from the community development department to stop work. The work must be made to comply with the provisions of this subchapter or other such codes or ordinances. Orders given by the community development department to make safe such sign must be complied with promptly. Stop work notices and correction notices affixed to a sign by an authorized representative of the community development department while erection work on a sign is in progress shall be considered as having been delivered to the permittee. (Ord. 90-11, § 7, passed 3-6-90)
Sec. 8-1-117. Right of entry of director.
Upon presentation of proper credentials, the director may enter, at reasonable times, any building, structure or premises in the city to perform any duty imposed upon him by this article. (Ord. No. 90-11, § 7, 3-6-90)
§ 8-1-117 Reserved.
§ 8-1-118 Information to be posted on signs.
(A) No person shall erect, own, control or maintain any sign which does not have the name of such person and the sign permit number plainly and permanently marked, painted or outlined on the sign in a conspicuous place.
(B) On all signs other than ground sig ns, the weight of the sign shall be included in the information required indivision (A) above.
(Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-119—8-1-123 Reserved.
§ 8-1-124 Fluorescent, mercury, vapor or high-voltage gaseous tube signs. (A) Each fluorescent, mercury, vapor or high-voltage gaseous tube (neon) sign shall, in addition to the information required in § 8-1-118, be provided with a legible nameplate, which shall correctly state the
manufacturer's name or trademark and the voltage, amperage, total watts and power factor. All the types of signs mentioned in this section shall have affixed Underwriters' Laboratory labels or recognized testing laboratory labels.
(B) Before delivery to the erection site, illuminated gaseous type signs shall be inspected and approved by the director.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-125 Obstruction of doors, windows or fire escapes.
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape. (Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-126, 8-1-127 Reserved.
§ 8-1-128 Immoral or Unlawful advertising.
It shall be unlawful for any person to exhibit, post or display or cause to be exhibited, posted or displayed upon any sign anything of an obscene, indecent or immoral nature, or any sign in any manner objectionable to the moral sense of the general public matter, as defined in California Penal Code § 311. (Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-129—8-1-133 Reserved.
§ 8-1-134 Application for permit.
To obtain a permit under this subchapter, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall be accompanied by plans and specifications as required in § 8-1-135.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-135 Submission of plans.
With each application for a sign permit, and when required by the director for enforcement of any provisions of this subchapter, two sets of plans and specifications shall be submitted. The director may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-136 Form and contents of plans.
Plans and specifications 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 show in detail that it will conform to the provisions of this subchapter and all relevant laws, ordinances, rules and regulations. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-137 Design standards.
(A) General standards.
(1) Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof.
(2) The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted.
(B) Resistance to wind pressure. Signs and sign structures shall be designed to withstand the minimum horizontal pressures set forth in table no. 1 below, allowing for wind from any direction. The wind pressures set forth in table no. 1 below are minimum values and may be adjusted by the director for areas subjected to higher wind pressures.
(C) Calculation of wind pressure. Signs and sign structures shall be designed and constructed to withstand pressures acting upward normal to the surface, equal to one and one-fourths times those specified for the corresponding height zone in which the roof is located. The height is to be taken as the mean height of the sign above grade and the pressure assumed on the entire sign area.
TABLE NO. 1. WIND PRESSURES
FOR VARIOUS HEIGHT ZONES
ABOVE GRADE
Height Zone
(feet)
Wind Pressure Map Area
(pounds per square foot)
Less than 30 20
30 to 49 20
50 to 99 25
100 to 499 30
500 to 1,199 35
1,200 and over 40
(D) Seismic loads. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the Uniform Building Codeadopted 2025 California Building Code and related codes. (E) Combined loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. (F) Allowable stresses. The design of wood, concrete or steel members shall conform to the requirements of the Uniform Building Codeadopted 2025 California Building Code and related codes. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the Uniform Building Code adopted 2025 California Building Code and related codes. The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the Uniform Building Codeadopted 2025 California Building Code and related codes.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-138 Construction specifications.
(A) Generally. The supports for all signs or sign structures shall be securely built, constructed and erected in conformance with the requirements of this subchapter.
(B) Materials. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the Uniform Building Codeadopted 2025 California Building Code and related codes. In all signs and sign structures, the materials and details of construction shall, in the absence of specified requirements, conform with the following:.
(1) Structural steel shall be of such quality as to conform with Uniform Building Code Standard No. 27-1-58 the adopted 2025 California Building Code and related codes. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in Uniform Building Code Standard Nos. 27-2-58 and 27-3-58 the adopted 2025 California Building Code and related codes, and, in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than no. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be no. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be one- fourth inch, or 3/16inch if galvanized. Steel pipes shall be of such quality as to conform with Uniform Building Code Standard No. 27-4-58 the adopted 2025 California Building Code and related codes. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the members.
(2) Anchors and supports, when of wood and embedded in the soil or within six inches of the soil, shall be pressure-treated with an approved preservative. Such members shall be marked or branded by an approved agency.
(C) Use of combustible materials. Ground signs may be constructed of any material meeting the requirements of this subchapter. Combination signs, roof signs and projecting signs shall be constructed of incombustible materials, except as provided indivision (D) below. No combustible materials other than approved plastics shall be used in the construction of electric signs.
(D) Nonstructural trim. Nonstructural trim may be of wood, metal, approved plastics or any combination thereof. (E) Anchorage.
(1) Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force 25% greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. (2) Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in table no. 1 above.
(3) Signs attached to masonry, concre te or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied.
(4) No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.
(5) No anchor or support of any sign shall be connected to or supported by a parapet wall unless such wall is designed in accordance with the requirements specified in section 2312, appendix, of the Uniform Building Code the adopted 2025 California Building Code and related codes for parapet walls. (F) Display surfaces. Display surfaces in all types of signs may be made of metal, glass or approved plastics, in accordance with the area limitations set forth in tables no. 2 and no. 3 below.
TABLE NO. 2. LIMITATIONS ON
APPROVED PLASTICS IN SIGNS
Area of Facing
or Display Surface
(square feet)
Area Occupied or
Covered by Plastics
100 or less 100 percent of display surface area
Over 100 but less than 2,000 100 square feet plus 25 percent of the difference between 100 square feet and the area of the display
surface
Over 2,000 Not over 575 square feet
TABLE NO. 3. SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS Maximum Size of
Exposed Glass Panel
A n y
Dimension
(inches)
Area
(square
inches)
Minimum Thickness of Glass
(inches)
Type of Glass
30 500 ⅛ Plain, plate or wired
45 700 3/16 Plain, plate or wired
144 3,600 ¼ Plain, plate or wired
Over
144
Over
3,600
¼ Wired
(Ord. No. 90-11, § 7, 3-6-90)
§§ 8-1-139—8-1-143 Reserved.
§ 8-1-144 Projection and clearance.
Projection and clearance of signs over private property are not limited, except that such signs projecting more than six inches from the face of a building over private property used or intended to be used by the general public shall have a minimum clearance of eight feet above the sidewalk or grade. In no event, however, may a sign project closer than two feet to the curb or street drain line. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-145 Ground signs.
(A) Definition. A ground sign is a sign supported by uprights or braces placed upon or into the ground and detached from any building.
(B) Construction and design.
(1) All ground signs shall conform to the requirements of §§ 8-1-134 through 8-1-138. (2) All posts, anchors, bracing or an y other support that enters into or rests upon the grounds or set in concrete shall be treated with an approved preservative. (C) Condition of site. The immediate area surrounding the site of a ground sign shall be maintained by the owner thereof in a clean, sanitary condition, free from rubbish, weeds and all obnoxious substances. (D) Removal. Any sign projecting into public property shall be moved, without expense to any public agency, if such moving is necessary because of widening of a street or highway. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-146 Wall signs.
(A) Definition. A wall sign is a sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall. (B) Construction and design.
(1) All wall signs shall conform to the requirements of §§ 8-1-134 through 8-1-138. (2) The surface or facing shall be of incombustible material; however, combustible structural trim may be used.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-147 Roof signs.
(A) Definition. A roof sign is a sign erected wholly upon or above the roof of a building or structure, or upon or above canopies, marquees and similar overhangs.
(B) Construction and design. All roof signs shall conform to the provisions of §§ 8-1-134 through 8-1-138. (C) Obstruction of roof openings. No roof sign shall be placed on a roof so as to prevent free passage from one part of the roof to another, nor shall it interfere with any skylight or similar roof openings. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-148 Combination signs.
(A) Definition. A combination sign is any sign incorporating any combination of the features of ground, projecting and roof signs.
(B) Requirements. Each portion of a sign which is subject to more than one classification shall meet the requirements for the classification to which such portion is subject. (Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-149—8-1-153 Reserved.
§ 8-1-154 Projecting signs.
(A) Definition. A projecting sign is a sign, other than a wall sign, suspended from or supported by a building or structure and projecting outward therefrom.
(B) Construction and design. All projecting signs shall conform to the requirements of §§ 8-1-134 through 8-1- 138.
(C) Projection and clearance. All projecting signs shall conform with the provisions of § 8-1-144. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-155 Nonconforming existing signs.
Every sign lawfully in existence on the adoption of this subchapter shall not be repaired, altered or moved unless it is made to comply with the provisions of this subchapter. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-156 Revocation of permit.
In addition to the penalty provided in this Code for violation of the provisions of this Code, the director is authorized to revoke any permit issued under this subchapter upon failure of the holder thereof to comply with any provision of this subchapter.
(Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-157—8-1-166 Reserved.
SUBCHAPTER 4. RESERVED
§§ 8-1-167—8-1-177 Reserved.
SUBCHAPTER 5. TENT CODE
§ 8-1-178. Adoption; tent permit.Tents.
The tent code is hereby adopted by the city council for the purpose of prescribing regulations for the erection, maintenance and control of tents.
(1) No person shall erect, operate or maintain a tent without a permit. Tents used exclusively for camping purposes shall be exempt from this requirement. The Building Official may, upon application made and approved as provided in this section, grant permission to erect a tent to remain for a period of not more than 30 days subject to the following conditions:
a. No goods, wares or merchandise shall be stored or held for sale in any tent, except in one occupied for the purpose of conducting and holding a circus, carnival, wild west show, rodeo or other similar show or exhibition, and except in cases where the sale or storage of such goods, wares or merchandise is merely incidental to the chief purpose for which such tent is erected or used.
b. The owner or agent shall furnish an affidavit that all tents to be used which are covered by the permit have been treated by flameproofing solution so as to render them resistant to the action of fire.
c. The fire warden or his duly authorized deputy may take samples of the proposed tent fabric for the purpose of making flame tests.
d. The flameproofing solution or process shall be of a type approved and listed by the state fire marshal.
e. Exit requirements as required by the fire ward en or his duly authorized deputy shall be provided and maintained in accordance with laws enforced by the county. f. Fire hose lines and the auxiliary fire equipment shall be maintained in such numbers and sizes as may be required by the fire warden or his duly authorized deputy. g. All electric wiring must conform to the ordinances of the county and the city and must be approved by the Building Official.
h. No lighting shall be used except incandescent lamps. i. All heating or cooking appliances must be appr oved by the fire warden or his duly authorized deputy.
(2) Every application for permission to erect a tent in th e city shall be in writing and in such form as may be required by the Building Official. In addition to any other information that the Building Official may require, such application shall state the approximate dimensions of the proposed tent, the location at which it is proposed to be erected, its distance from the nearest structure and the purpose for which it is to be used. Such application shall be signed both by the applicant and the owner of the property upon which it is proposed to erect such tent, or their duly authorized representatives. All applicable city ordinances shall be complied with.
(3) The application shall be filed with the Building Official. The Building Official and the fire warden or his duly authorized deputy shall thereupon make such investigation as may be required to determine whether the proposed tent will create an unreasonable hazard to life or property and whether the erection or maintenance thereof will injuriously affect adjacent or nearby property or the residents of the neighborhood. The Building Official and the fire warden or his duly authorized deputy shall each by appropriate endorsement upon such application, and in accordance with their determination as provided in this subsection, approve or disapprove such application. (4) The fee for a tent permit shall be a minimum of $10.00 for tents of up to 1,000 square feet of tent area, with an additional $5.00 per 1,000 square feet of tent area thereafter. (5) The Building Official may revoke any permit grante d for the erection and maintenance of a tent within the city, at any time prior to the expiration of the 30-day time limit, for the violation of any condition upon which the permit is issued or when in its opinion the health, welfare, safety and morals of the residents of the city or any portion thereof are adversely affected by the continued presence of such tent. Upon the revocation of any such permit, the person to whom the permit was granted shall, within the time specified by the Building Official, remove such tent.
(A) Notwithstanding any other section of this code, it is unlawful for any person to erect, maintain, use or occupy any tent, lodge, shelter or structure on public property, unless the tent, lodge, shelter or structure has two sides open and there is an unobstructed view of the interior from the outside on at least two sides.
(B) For purposes of this section, PUBLIC PROPERTY means any real property or easement owned, operated or managed by the city.
(C) This section shall not apply to city-sponsored events. (Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-179—8-1-188 Reserved.
SUBCHAPTER 6. RELOCATED BUILDINGS CODE
§ 8-1-189 Adoption; permit.
The relocated buildings code is hereby adopted by the city council for the purpose of prescribing regulations for the relocation of buildings and structures.
(A) Compliance with applicable regulations. Buildings or structures moved or relocated into or within the city shall comply with the provisions of this subchapter and all other applicable city codes. (B) Permit required. No building or structure shall be moved or relocated unless and until a permit to relocate the building or structure has been issued by the Building Official to the owner of the premises to which the building or structure is proposed to be moved. Such permit shall be designated as a relocation permit.
(C) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning,
Bond. a surety bond, cash bond, letter of credit or similar instrument which in the opinion of the Building Official will comply with the intent of this subchapter and will indemnify the city against any cost which may result from the permittee's failure to comply with all of the conditions attached to the granting of a relocation permit.
Building official. the director of community development or their duly authorized representative. (D) Issuance of relocation permit; enforcement.
(1) Issuance of permit.
(a) Every application for a relocation permit sha ll be in writing upon the forms furnished by the Building Official and shall set forth such information that the Building Official may reasonably require in order to carry out the purpose of this section. (b) No permit shall be issued to relocate any bu ilding or structure which is so constructed or in such condition that it does not conform to or which cannot be repaired or reconstructed to conform to the requirements of the city codes.
(c) If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made in the judgment of the Building Official, the permit shall be denied.
(d) The Building Official shall, in issuing an y relocation permit, impose such terms and conditions as may be necessary to ensure compliance with the requirements of all applicable city codes. The terms and conditions upon which each permit is granted shall be specified in writing in the permit or attached thereto. (2) Bond required.
(a) No relocation permit shall be issued un less the applicant has posted with the Building Official a bond, executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company or financial institution authorized to do business in this state, as surety.
(b) The bond, which shall be in form joint and se veral, shall name the city as obligee and shall be in an amount equal to the cost, plus 25%, of the work required to be done in order to comply with all of the conditions of such relocation permit as estimated by the Building Official. In lieu of a surety bond, the applicant may post a bond executed by the owner, as principal, and which is secured by a cash deposit in the amount named in this division (D)(2)(b) and is conditioned as required in the case of a surety bond. Such a bond is referred to as a cash bond for the purposes of this section. (c) No bond, however, needs to be posted in any case where the Building Official determines that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to adjacent property of the same owner. The exceptions shall not apply unless the Building Official finds that no such security is necessary in order to ensure compliance with the requirements of this section.
(3) Conditions on bond. Every bond posted pursuant to this section shall be conditioned as follows:
(a) That each and all of the terms and condition s of the relocation permit shall be complied with to the satisfaction of the Building Official;
(b) That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time specified in the relocation permit, or, if no time limit is specified, within 120 days after the date of issuance of the permit; and
(c) The time limit specified in this division (D) or the time limit specified in any permit may be extended for good and sufficient cause by the Building Official. No such extension of time shall be valid unless in writing, and no such extension shall release any surety from any bond.
(4) Period and termination of bond.
(a) The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the Building Official, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement signed by the Building Official, a copy of which shall be sent to the surety and to the principal. (b) When a cash bond has been po sted, the cash shall be returned to the depositor or to the depositor's successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as provided for in this section. (5) Notice of default in performance of conditions.
(a) Whenever the Building Official shall find th at a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond.
(b) Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work.
(c) After receipt of such notice, the surety or the principal of a bond must within the time specified cause the required work to be completed.
(d) Should the surety or the principal of a bond fail to cause the work specified in the notice of default to be done within the time provided, the Building Official shall set the matter for an administrative hearing.
(6) Default hearing and procedures.
(a) Inspection. The Building Official shall examine every building or structure or portion thereof which is subject to the provisions of this section and for which the permit has been found to be in default. The inspection shall be conducted in accordance with the provisions of this Code and other applicable statutes and the ordinances, rules and regulations of the city. (b) Notice of default hearing.
1. The Building Official shall give notice, setting forth the work to be done and the estimated cost thereof, to the surety, the owner of such building or structure or other responsible person, or their authorized representative (referred to in this section as the owner). The notice shall set forth the right of the owner to be present at the hearing and to introduce such relevant evidence on the issues as the owner desires. The notice shall also set forth the requirements for commencement and completion of work and the effect of failure to do so as set forth in this section. The notice shall set forth the time and place of the hearing to be held before the Building Official. At the time and place so specified, evidence shall be submitted as to the facts of any such default as to reasonably determine whether the facts so established constitute a default of any of the terms or conditions of the permit.
2. The notices required by this section served as specified in this division (D) shall be deemed to be proper notice:
a. By delivering a copy to the owner, as designated on papers, applications or permits on file with the Building Official, personally; b. By leaving a copy with a person of legal age and discretion at the owner's designated place of residence or business and sending a copy by certified mail, return receipt requested, to the owner's designated place of residence or business; or
c. If the owner's place of residence or bu siness cannot be ascertained or a person of legal age or discretion cannot be found at either place, then by affixing a copy in a conspicuous place on the building or structure on the premises to which the building or structure has been relocated and also delivering a copy to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the building or structure is situated, or to the owner's last known or designated address, or both.
(c) Administrative order. At the hearing and upon the determination that there is a default, the Building Official shall determine if the building or structure can be reasonably completed in
compliance with all applicable codes or if the building or structure should be removed, and shall order such completion or removal and shall specify the time within which the work is to be completed. The order shall also contain notice that, should the owner fail, neglect or refuse to comply with the order, then the Building Official shall cause the work to be done and the cost thereof will be levied against the bond as specified in this section. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered, or, if the owner was not present at the hearing, within five days of the mailing of the order to the last known address of the owner, whichever first occurs. (d) Appeal. The owner shall, if the owner desires to do so, at any time prior to the determination and order becoming final as set forth in this section, appeal the decision of the Building Official to the city council, which shall fix a time and place therefor and hold a hearing, and shall thereupon make a determination and order affirming, reversing or modifying the determination and order of the Building Official as the city council may deem proper. The order of the city council shall be immediately final. (e) Time limit for commencement and completion of work. The owner shall, upon the expiration of five days, excluding Saturdays, Sundays and holidays, following the finality of the determination and order of the Building Official, or, if appealed, the determination and order of the city council, commence the work ordered, and such work will be completed within the time specified.
(f) Failure to commence work. If the owner neglects or fails to commence, within the time provided, the corrective work deemed necessary and as ordered, the owner shall pay over to the Building Official the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 25% of the estimated cost. Upon receipt of such monies, the Building Official shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of the monies received. If a cash bond has been posted and if compliance is not obtained within the time specified, the Building Official shall proceed, without delay and without further notice of proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to the depositor's successors or assigns, after deducting the cost of the work, plus 25% thereof. (E) Permit fees. Before any application for a relocation permit is accepted for filing, the fees as established by resolution of the city council shall be paid by the applicant to cover the cost to the city of the inspection of the condition of the building to be moved and the inspection of the proposed new location. The inspection fee shall be in addition to the building permit fee or any other fee or charge required by any other applicable city ordinance or resolution of the city council. (F) Expiration of permit. If a relocation permit has not been issued within 120 days after the applicant has been notified of the result of the inspection, a new inspection fee shall be paid and the building shall be reinspected before a relocation permit may be issued. (Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-190—8-1-199 Reserved.
SUBCHAPTER 7. INTERNATIONAL PROPERTY MAINTENANCE CODE
§ 8-1-200 Adoption of International Property Maintenance Code.
As adopted in § 8-1-12, there is hereby designated by the city council, for the purpose of prescribing minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety, that certain code known as International Property Maintenance Code, 2024 Edition, as published by the International Code Council.
(Ord. 2025-237, § 5, passed 12-02-25)
§§ 8-1-201—8-1-799 Reserved.
SUBCHAPTER 8. GRADING AND EXCAVATION CODE
ARTICLE 1. GENERAL PROVISIONS
§ 8-1-800 Short title.
This subchapter shall be known and may be cited as the “Grading and Excavation Code”. The term "code," as used in this subchapter, unless the context clearly indicates otherwise, shall mean the grading and excavation code.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-801 Grading manual.
(A) The director shall formulate and modify as necessary such rules, procedures and interpretations as may be necessary or convenient to administer this subchapter. Such rules, procedures and interpretations shall be referred to as the city grading manual or the grading manual. (B) The grading manual shall include provisions to assure that the water quality requirements relevant to activities subject to this subchapter apply to all activities. (C) In the event of any conflict between the grading manual and this subchapter, the provisions of this subchapter shall govern. The provisions of the grading manual shall, to the extent that they are made conditions of any permit by the Building Official, be binding on the permittee. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 2, passed 2-18-03) § 8-1-802 Purpose of subchapter.
It is the intent of this subchapter to safeguard life, limb, property and the public welfare by regulating grading on private property in the city.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-803 Scope.
This subchapter sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, site drainage and relevant water quality requirements, and establishes
administrative requirements for issuance of permits and approvals of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the California Building Code then in effect as adopted and modified by city ordinance.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 3, passed 2-18-03) ARTICLE 2. DEFINITIONS
§ 8-1-804 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Approval. 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. The current grading plans which bear the stamp of approval of the Building Official.
Approved testing agency. 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 subchapter or the grading manual, as determined by the Building Official. This determination may be appealed to the city council.
Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, pollution prevention and educational practices, maintenance procedures and other management practices designed to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. “BMPs” also include treatment practices, operating procedures, erosion and sediment control systems, and measures to manage site runoff, spills or leaks, and drainage from raw materials storage.
Borrow. Earth material acquired from an offsite location for use in grading on a site.
Building official. The director of community development or their duly delegated representative.
Civil engineer. A professional engineer registered in the state to practice in the field of civil engineering.
Civil engineering. The application of the knowledge of the forces of nature, the principles of mechanics and the properties of materials for the evaluation, design and construction of civil work for the beneficial uses of humankind.
Clearing, brushing and grubbing. The removal of vegetation, including grass, brush, trees and similar plant types, by mechanical means.
Commercial coach. 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.
Compaction. The densification of a fill by mechanical means.
Director. The director of community development.
Earth material. Any rock, natural soil or fill, or any combination thereof.
Engineering geologist. A geologist certified in the state to practice engineering geology.
Engineering geology. 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. The wearing away of the ground surface as a result of the movement of wind, water or ice.
Erosion and sediment control system. A combination of desilting facilities and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities and receiving waters from an abnormal deposition of sediment or dust.
Excavation. The mechanical or physical removal of earth material.
Fill. A deposit of earth material placed by artificial means.
Geotechnical Engineer/Soil Engineer. A civil engineer with education, training and experience in soil mechanics and geotechnical engineering who specializes in geotechnical, soils and foundation engineering. A Geotechnical Engineer may use the title Geotechnical Engineer (GE) if they have passed the GE examination.
For the purposes of this code, the terms Geotechnical Engineer and Soil Engineer are interchangeable.
Geotechnical Engineering/Soil Engineering. 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.
Grade. The vertical location of the ground surface.
(1) Natural Grade. The ground surface unaltered by artificial means. (2) Existing grade. The ground surface prior to grading. (3) Rough grade. The stage at which the grade approximately conforms to the approved plan. (4) Finish grade. The final grade of the site which conforms to the approved plan.
Grading. Any excavating or filling or combination thereof.
Grading Manual or City Grading Manual. The rules, procedures and interpretations described in § 8-1-801.
Grading contractor. A contractor licensed and regulated by the state who specializes in grading work or is otherwise licensed to do grading work.
Grading permit. An official document or certificate issued by the Building Official authorizing grading activity as specified by approved plans and specifications.
Hillside site. A site which entails cut or fill grading of three feet or more in vertical height below or above natural ground, a site with aor a combination fill-over-cut slope equal to or greater than of five feet or more in vertical height, or where the a site where existing grade is 20% or greater,. Additionally, “hillside site” includes a site that, and which may be adversely affected by drainage or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property.
Mobile home. 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. The term "mobile home" does not include recreational vehicle, commercial coach or factory-built housing.
Owner. Any person, agency, firm or corporation having a legal or equitable interest in a given real property.
Precise grading permit. A permit that is issued on the basis of approved plans which show the precise structure location, the finish elevations, and all onsite improvements.
Preliminary grading permit means a permit that is issued on the basis of approved plans which need not show a structure location but must show interim building pad drainage to the degree required by the Building Official.
Rainy Season. The season predetermined by the Building Official and at the time of this printing is established from October 1 through April 30 of each year.
References to professional persons. Unless indicated otherwise, or as reasonably appears from the context, references in this subchapter to the civil engineer, the soilgeotechnical engineer, the geologist and the engineering
geologist refer to the professional person preparing, signing or approving the project plans and specifications which compose the approved grading plan, and which professional person appears of record pursuant to §§ 8-1- 815 through 8-1-820, or his successor appearing pursuant to § 8-1-841, pertaining to transfer of responsibility for approval.
Rough Grading Permit. A permit that is issued on the basis of approved plans which need not show the location of structures but must show interim building pad drainage to the degree required by the Building Official.
Sediment. Earth material deposited by water or wind
Site. Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
Slope. An included ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
Soil. Naturally occurring surficial deposits overlying bedrock.
Soil engineer means a civil engineer duly registered in the state whose field of expertise is soil mechanics.
Soil engineering means 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. 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.
Stormwater permits. Any permits issued by a local, state or federal regulatory agency regulating storm water flow over and from any project subject to this subchapter, including but not limited to National Pollution Discharge Elimination System (NPDES) Permit and state general permits as defined in § 6-3-403.
Terrace. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
Water quality requirements. The requirements relevant to activities that are subject to this subchapter found in the Stormwater Quality Control Ordinance (Title 6, Chapter 3, Subchapter 5), the Drainage Area Master Plan (DAMP), including all appendices and guidance documents included in the DAMP, any applicable water quality management plans, as well as requirements relevant to the activities that are subject to this subchapter found in storm water permits.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 4, passed 2-18-03) ARTICLE 3. REQUIRED PERMITS
§ 8-1-805 Grading permit required; exceptions.
(A) No person shall conduct any grading, clearing, brushing or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the Building Official. (B) Exceptions to this requirement are as follows or as otherwise determined by the Building Official:
(1) An excavation below finished grade for basements and footings of a building, mobile home, retaining wall or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum-fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the Building Official, the Building Official determines,
based on site conditions or relevant hazard or geotechnical information, that, stability, settlement, erosion or flooding hazards may be present. considerations warrant such inspection; (2) Cemetery graves;
(3) Refuse disposal sites controlled by other regulations; (4) Earthwork construction regulated by the federal, state, county or city government, or by any local agency as defined by California Government Code §§ 53090 through 53095 (Sspecial districts); or pipeline or conduit excavation and backfill conducted by local agencies or public utilities; or earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property or dedicated rights-of- way or easements of such agencies.;
(5) Excavation and backfill for installation of un derground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.; (6) Mining, quarrying, excavating, processing or stockp iling 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 or pressures upon any adjacent or contiguous property.; (7) Exploratory excavations under the direction of soilgeotechnical engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of title 8 of the State Orders, division of industrial safety California Department of Industrial Relations, Cal/OSHA – Title 8 regulations,, Chapter 4, Division of Industrial Safety §§ 450 through 8618;
(8) An excavation which does not exceed 50 cubic yards on any one site and which:
(a) is less than two feet in vertical length,depth; or
(b) with a slope face no steeper than two horizontal feet to one vertical. Does not create a cut slope greater than four feet in vertical height and a slope face no steeper than two horizontal feet to one vertical; (9) A fill which does not exceed 50 cubic yards on any one site and which:
(a) Is less than one foot in depth placed on natural grade with a slope flatter than five horizontal feet to one vertical foot, and does not obstruct a drainage course; or (b) , which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. (10) A fill less Is less than three feet in depth and on flat ground, not intended to support structures or mobile homes and does not obstruct a drainage course; and , which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.
(11) Grading in conjuncti on with work performed pursuant to the provisions of title 8, chapter 8, subchapter 1 (the city oOil cCode) of this municipal code, unless the Building Official determines it is necessary to obtain a grading permit to ensure proper construction of a building or other structure, or where it is necessary for the protection of adjacent properties not devoted to oil drilling or production. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 5, passed 2-18-03) § 8-1-806 Paving Grading permit, paving.
No person shall construct pavement surfacing in excess of 3,000 square feet on natural or existing grade for the purpose of a private road or commercial, industrial or multi-residential parking lot or travelway without a valid grading permit, unless waived by the Building Official or unless a separate improvement plan for such paving is -----------
approved and signed by an authorized city official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-807 Grading Permit, for alteration of watercourse alteration.
No person shall alter an existing drainage course, drainage facility, water course, channel or revetment by excavating or placing fill, rock protection, or structural improvements, or construction of flat work without a valid grading permit, unless waived by the Building Official or performed as interim protection under emergency flood- fighting conditions.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 6, passed 2-18-03) § 8-1-808 Blasting permit.Grading permit, excavation blasting.
No person shall possess, store, sell, transport or use explosives and blasting agents to do any excavation without a permit from the fire department and a valid grading permit. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-809 Types of grading permits.
(A) Either a preliminaryrough grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with subarticle 5 of the grading manual and approval by the Building Official. The preliminaryrough or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of subarticle 5 of the grading manual. (B) Building permits may be issued for a site graded unde r a valid precise grading permit upon completion and approval of rough grade inspection as specified in § 8-1-842(E), pertaining to site inspection by the Building Official.
(C) Building permits shall not be issued for a site graded under a preliminaryrough grading permit until a new precise grading permit has been issued and the provisions of division (B) above have been satisfied, or until the precise grading permit has been deemed by the Building Official to be unnecessary. (Ord. 90-11, § 7, passed 3-6-90)
ARTICLE 4. ADMINISTRATION AND ENFORCEMENT GENERALLY
§ 8-1-810 Powers and duties of Building Official.
(A) Generally. The provisions of § 104.2 of the California Building Code, pertaining to powers and duties of the Building Official, shall apply to grading construction work. This authority extends to grading activities for which a permit is required under this subchapter, regardless of whether a permit has been issued or applied for.
(B) Enter and inspect. The Building Official is authorized to enter, monitor, inspect, take measurements, review and copy records and require regular reports from any site where activities are occurring that warrant a permit pursuant to this subchapter. Such authority exists even if no permit has been issued or applied for such activity.
(C) Stop or correct work orders. Whenever any building or grading work is being done contrary to the provisions of this subchapter or the grading permit, the Building Official may order the work stopped or corrected by notice in writing served on any persons engaged in doing such work or causing such work to be done, and any such persons shall forthwith stop or correct such work until authorized by the Building Official to proceed with the work.
(D) Whenever any building or grading work is being do ne contrary to the provisions of the water quality requirements related to activities subject to this subchapter, in addition to the powers and duties specified in divisions (A), (B) and (C) above, the Building Official may utilize any enforcement provision specified in § 6-3- 407.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 7, passed 2-18-03) § 8-1-811 Violations and penalties.
(A) It shall be unlawful for any person to do grading in the city, or cause such work to be done, contrary to or in violation of any of the provisions of this subchapter.
(B) The issuance of a grading permit, building permit, performance of building permit inspections or issuance of a certificate of use and occupancy may be withheld, stayed, or revoked for property on which a violation of the provisions of this subchapter exist(s), including work performed not in accordance with approved grading plans, until such violation has been corrected, to the satisfaction of as confirmed by the Building Official. (C) No tentative tract map or parcel map shall be approved for property on which a violation of the provisions of this subchapter exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated prior to recordation. (D) No zone change or discretionary permit per the city zoning regulations shall be approved for property on which a violation of the provisions of this subchapter exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated prior to the issuance of any building permits.
(E) Failure to comply with storm water 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 subchapter. (F) Any person violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor,. and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to this code. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this subchapter is committed, continued or permitted. If prosecuted as a misdemeanor, upon conviction of any such violation, such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both fine and imprisonment. In addition to any such fine or imprisonment, the court may also require such party to correct or mitigate the grading violation.
(G) This subchapter may also be enforced by injunctive relief, including, but not limited to, temporary restraining orders and preliminary and permanent injunctions issued by the Superior Court upon suit by the city. (H) In addition to the provisions of division (G) above, a notice of violation of this subchapter may be recorded against the property in accordance with the following procedures. (1) Notice of intent. A written notice of intent to record a notice of violation shall be served on the current owner of record of the property. Such notice shall describe the property, the violation and the action necessary to
correct or mitigate the violation. The notice shall inform the owner that a notice of violation will be recorded if the owner does not, within 20 days of receipt thereof, either correct the violation or request a meeting with the Building Official as set forth below. The notice shall include a copy of this division (H) and be substantially as follows.
“Notice of Continuing Violation of the City of Laguna Niguel Grading and Excavation Code.
Notice is hereby given that the City of Laguna Niguel has determined a violation of the above Code exists on the following described property (description). The violation consists of (description).
While a violation of the above Code exists, the City of Laguna Niguel may refuse to approve building or occupancy permits, subdivision maps, use permits, and other discretionary permits and development approvals.” (2) Correction of violation. If, within 20 days of receipt of a notice of intent, the owner corrects the violation, no notice of violation shall be recorded.
(3) Meeting. If the owner requests a meeting, the Building Official shall schedule a meeting. Notice of the meeting shall be served on the owner not less than 15 days prior thereto. At the meeting, the owner may be represented by counsel and may present any relevant evidence that violations do not exist. (4) Decision, notice. Within 30 days following completion of the meeting, the Building Official shall issue and serve on the owner their determination as to whether or not a notice of violation will be recorded. This determination shall be supported by findings on all material issues raised at the meeting. The decision shall be final with respect to recordation of a notice of violation, but shall not affect other proceedings under this section.
(5) Recordation. If the Building Official determines that a notice will be recorded, such notice shall be recorded 15 or more days after service of notice of the decision.
(6) Release of notice. When a violation is corrected or mitigated, as confirmed by the Building Official, if a notice of violation had been recorded, the Building Official shall cause a release to be recorded. The release shall refer to the notice of violation and shall state that the violation described therein has been corrected. (I) All of the foregoing remedies shall be cumulative and not exclusive, except when otherwise provided. Penalties and/or remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 8, passed 2-18-03) § 8-1-812 Correction of hazardous conditions.
(A) Definition. Hazardous conditions exist when the state of any natural ground, natural slope, excavation, fill or drainage device, all of which exist on private property, is a menace to life or limb or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures or public facilities.
(B) Authority of Building Official. The Building Official may examine or cause to be examined every condition reported as hazardous as set forth in division (A) above. (C) Notice of hazardous condition. In any case where a hazardous condition is found by the Building Official, they shall give notice, setting forth the finding, to all owners of the property affected by the hazardous condition, the authorized representative of the owner, or a permittee under any active permit which gives the permittee control of the property issued pursuant to this subchapter (referred to in this section as the owner), of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at the
owner’s option, and introduce such relevant evidence on the issues as they desire. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice, it shall be included in a subsequent notice.
(D) EvidenceAdministrative hearing. The hearing shall be conducted in accordance with §§ 1-3-22 through 1-3-24 of this Code.
At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the Building Official or their designee, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition, to the satisfaction of as confirmed by the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct such hazard. (2) Where city property or facilit ies are endangered by the hazardous condition found by the Building Official, at the request of the owner, the hearing may be held before a member of the grading board of appeals selected by the chairman of the board. The Building Official may appeal such hearing officer's order as set forth in this section. Such hearing officer may not consider an appeal of the case as a member of the grading board of appeals.
(E) Order, finality and appeal. If the hearing officer determines the existence of a hazardous condition, they shall determine whether such hazards are subject to corrective work or the need for more analysis through the preparation of reports, and shall order such work or reports and specify a completion time. (1) Finality of order. Administrative hearing decision. The determinationhearing decisions shall be made in accordance with § 1-3-23 of this Code. and order may be made orally at the hearing, and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered if the owner was not present at the hearing, or within five days of the mailing of the order to the last known address of the owner.
(2) Appeal. Right to judicial review. The owner mayAn individual may seek judicial review of the administrative hearing decision in accordance with § 1-3-24 of this Code., at any time prior to the determination and order becoming final, appeal, in writing, the decision of the hearing officer to the grading board of appeals. The board shall fix a time and place and hold a hearing, consider the evidence and make a determination as set forth in section 8-1-813, pertaining to the grading board of appeals. The order of the grading board of appeals shall be immediately final. (F) Completion of work. The owner shall, following the finality of the determination and order of the hearing officer, or, if appealed, the determination and order of the grading board of appeals, commence the corrective action ordered or preparation of reports, and such work or submission shall be completed within the specified time.
(G) Failure to complete work.
(1) If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer or grading board of appeals within the specified time, the Building Official may:
(a) Cause the work to be performed or reports to be prepared; or (b) Advise the owner of the need for corrective work and warn him that, in the absence of such corrective work, subsequent future hazards may occur which could result in an order to vacate the premises. (2) Nothing in this division (G) shall be construed to limit the type of remedy or relief which the Building Official may have under any other provision of law.
(H) Costs. Costs incurred by the city to perform any corrective work or prepare reports under division (G) shall be charged to the owner. The Building Official may apply to the city council to cause the costs to be paid and
levied as a special assessment against the property and collected in a manner provided for special assessments.
(I) Vacation of property.
(1) If necessary, the noti ce and order provided for in divisions (C) or (E) above shall include the requirement that the property or a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.
(2)(a) The Building Official shall cause the property to be posted at conspicuous locations with a notice containing at least the following:
UNSAFE TO OCCUPY
DO NOT ENTER
Building Official, City of Laguna Niguel
Date Posted _______
(b) The posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office of the Building Official of other office where additional information may be obtained. Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.
(J) Service of notices. The notices and order required by divisions (C) and (E) above may be served either:
(1) By mailing a copy by certified mail, return receip t requested, to the owner's address as designated on papers, applications or permits on file with the Building Official; (2) By personally delivering a copy to the owner's address as designated on papers, applications or permits on file with the Building Official;
(3) If the owner is absent from their place of residence and from their usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at their place of residence; or
(4) If such place of residence and bu siness cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at their last known or designated address, or both.
(Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-813—8-1-814. Reserved.
Sec. 8-1-813. Grading board of appeals.
(a) A board of appeals is hereby created. The board sha ll consist of five regular and five alternate members appointed by the city council and shall function in accordance with subarticle 4 of the grading manual. (b) The board shall have the power, upon an appeal by the owner, agent in control or permittee under permit issued pursuant to this article, to reverse, modify or otherwise alter the determinations and orders of the Building Official made pursuant to the procedures authorized in section 8-1-812, pertaining to hazardous
conditions, under such rules and regulations as the board may from time to time adopt. The Building Official shall not participate in the decision of the board in such cases. (c) The board's decision on an appeal shall be furnished in writing to the appellant and to the Building Official, and all such decisions shall be final immediately.
(Ord. No. 90-11, § 7, 3-6-90)
Sec. 8-1-814. Technical advisory board.
(a) A technical advisory board is here by created. The board shall consist of five regular and five alternate members and one ex officio member in accordance with subarticle 4 of the grading manual. (b) The Building Official may refer to the technical adv isory board for an advisory technical opinion on any matter to which this article is applicable. The advisory technical opinion of the board shall not deprive the grading board of appeals of its jurisdiction to consider any appeal from a subsequent determination of the Building Official in regard to the same matter. The technical advisory board may also serve as a board of review to provide for interpretation of data, opinions or conclusions, or the adequacy of technical or geological reports.
(Ord. No. 90-11, § 7, 3-6-90)
ARTICLE 5. ISSUANCE OF PERMITS AND CONDUCT OF WORK
§ 8-1-815 Permit required.
(A) Except as exempted in § 8-1-805, pertaining to grading permits, no person shall conduct any grading or clearing, brushing or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site and may cover both excavations and fills.
(B) When such operations involve the extraction or relocation of more than 5,000 cubic yards, such operations are also subject to the approval of a site development permit application. The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import. (C) A site development permit is not required under the following conditions:
(1) Grading and excavation conducted in compliance with a valid building permit when limited to the area within the perimeter (footprint) of the structure, e.g., basement/foundation; (2) Emergency grading to correct damage resulting from recent acts of nature; and (3) Other exemptions as set forth in § 8-1-805.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-816 Application for permit.
(A) To obtain a grading permit, the app licant must first file an application in writing on a form furnished by the Building Official. The permit application shall be accompanied by information required by the Building Official and as specified in subarticle 5 of the grading manual. 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. Each person applying to the city for a grading or building permit for projects for which compliance is required with
a state general permit for discharges of stormwater associated with construction activity (general construction permit) must submit satisfactory proof to city that coverage under the general construction permit has been obtained before the city shall issue any grading or building permit on the construction project. Documents required under the general construction permit shall be maintained on-site during grading and construction and shall be made available upon the request of any city inspector. The project must also comply with all activities required by the city’s stormwater and urban runoff pollution control ordinance and local implementation plan (LIP), as defined in § 6-3-403. Each person applying to the city for a grading or building permit for projects where compliance with the general construction permit is not required must submit evidence that the grading project will be in compliance with the provisions of all applicable stormwater permits, including, but not limited to, the implementation of all applicable best management practices (BMPs), and in compliance with all activities required by the city’s runoff water quality control ordinance (§ 6-3-402) and LIP.
(B) Applications for which no grading permit is issued within 180 days following the date of application shall expire by limitation, and. pPlans submitted for checking review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. The Building Official may grant up to two extensions of time, each not to exceed 180 days, upon written request by the applicant submitted no fewer than 15 days prior to the expiration date. The request must demonstrate that circumstances beyond the control of the applicant have prevented timely action from being taken. Extensions shall only be issued in 180-day increments, and shall be approved by the Building Official. In order toTo renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan-check fee. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 9, passed 2-18-03) § 8-1-817 Submission of plans.
(A) Each application for a grading perm it shall be accompanied by plans and specifications and supporting data consisting of soilgeotechnical engineering and engineering geology reports when required by the Building Official, as specified in § 8-1-819, pertaining to soil engineering and engineering geology reportsand plans and reports specified by the water quality code provisions, the city’s LIP and any of its referenced documents.
(B) Grading plans and specifications for earthwork projects of 5,000 cubic yards or more, and subdivisions and hillside commercial, industrial and multiresidential projects, shall be prepared and signed by a civil engineer or authorized professional, unless otherwise approved by the Building Official. This requirement may be extended to any project when, in the opinion of the Building Official, critical drainage or geologic factors may be involved and there is need for civil engineering design and control. The Building Official, prior to waiving this requirement, shall consider the nature of the project, the presence of critical drainage or geologic factors, the need for civil engineering design and control and state law. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-818 Form and contents of plans.
Grading plans and specifications shall be prepared in accordance with the grading requirements of section 8- 1-839(a) subarticle 14, pertaining to grading requirements, and subarticle 5 of the grading manual. Prior to submittal, applicable plans shall be signed by the soilsgeotechnical engineer and engineering geologist if applicable for conformance to their recommendations.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 10, passed 2-18-03)
§ 8-1-819 Soil geotechnical engineering and engineering geology report.
A soilgeotechnical engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the Building Official. The reports shall include information appropriate for the site, including any information required by the Building Official. The reports shall conform to guidelines presented in the grading manual and shall include information appropriate for the site, including any information required by the Building Official. Recommendations included in the reports and approved by the Building Official shall be incorporated in the grading plans or specifications.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-820 Issuance, expiration and renewal of permit.
(A) Every grading permit issued shall be valid for a period of two years from the date of issuance. Scope of authorization. The issuance of a grading permit shall constitute authorization to perform only such work as is expressly identified in the permit and grading plans and specifications approved by the City. (B) Other permits required. Issuance of a grading permit shall not waive or satisfy any requirement to obtain other permits or approvals required by other city divisions or departments, or by any other applicable g o v e r n m e n t a l a g e n c i e s .
(C) Permit term. Every permit issuedA grading permit shall be valid for a period of two years from the date of issuance. expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. (DC) The time limitations and provisions of section 106.4 of the California Building Code, pertaining to permit issuance, as amended, are applicable to grading permits, except as stated in divisions(C)(1) and (C)(2) below.
Expiration for failure to commence work. A grading permit shall expire and become null and void if the work authorized by such permit is not commenced within 180 days from the date of permit issuance. (1) A permit issued under this section shall expire upon a change of ownership if the grading work thereon, for which the permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of divisions (A) and (B) above are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no change shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, fees based on actual time and materials for necessary plan checking and processing shall be charged to the permit applicant.
(E) Time extensions (prior to commencement of work).
(1) Upon written request by the owner or authorized agent, submitted not less than 15 days prior to the permit expiration date. The Building official may grant up to two extensions of time to commence the grading work. Each extension shall not exceed 180 days.
(2) The request must demonstrate that circumstances beyond the applicant's control have prevented timely commencement of the work within the period specified in division (D). (3) The Building Official approves, conditionally appr oves, or denies the extension request and may grant an extension for a period less than 180 days.
(F) Permit renewal (after work has commenced).
(1) if the work authoriz ed by the grading permit has commenced but has not been completed and final inspection approval has not been obtained within the two-year period specified indivision (C), the Building Official
may, upon written request by the owner or authorized agent submitted not less than 15 days prior to the permit expiration date, renew the grading permit for successive periods not to exceed one year per renewal. (2) The request for renewal must demonstrate that work authorized under the grading permit, or under a related valid building permit, is actively in progress. (3) The Building Official approves, conditionally appr oves, or denies the renewal request and may grant a renewal for a period of less than one year.
(2) The Building Official may extend the 180-day expira tion time limit on permits, not to exceed two successive periods of 180 days each, upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. (D) The Building Official may require that grading operat ions and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued, and further subject to the provisions of § 8-1-821, pertaining to denial of permit. (E)(1) If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in division (B) above, the Building Official, upon receiving a written request, may grant an extension of time as specified in division (C)(2) above without additional fees provided that:
(a) No changes have been made in the origin al plans and specifications for such work; (b) Suspension or abandonment has not exceeded one year; and (c) A re-endorsement of the compliance of the plans with the applicable regulations, by the community development department, shall be obtained.
(2) Such request for extensions must be submitted no later than the 60th day following the date on which the permit would otherwise expire. If the permittee fails to request an extension within the time provided, the Building Official may renew the grading permit for a fee based on the actual costs of time and materials, provided no changes have been made in the original plans and specifications for such work. (F) If the permittee is unable to complete the work by th e end of a two-year period, the Building Official may renew the grading permit on an annual basis for a fee based on the actual costs of the time and materials, provided no changes have been made on the original plans and specifications for such work. (Ord. 90-11, § 7, passed 3-6-90; Ord. 91-43, § 3, passed 8-20-91; Ord. 2003-128, § 11, passed 2-18-03) § 8-1-821 Denial of permit.
(A) The Building Official shall not issue a grading permit in any case where they find that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown and confirmed by the to the satisfaction of the Building Official that the hazard can be essentially eliminated or mitigated by the construction of retaining structures, buttress fills, or drainage devices, or by other means, the Building Official may issue the permit subject towith the condition(s) requiring that such work be performed. (B) If , in the opinion of the Building Official determines, based on geotechnical, hydrological and other relevant hazard information, the land area for which grading is proposed is subject to geological, or flood, or other hazards to such anthe extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard risk to human life or property, the grading permit and the building permits for habitable structures shall be denied.
(C) The Building Official may require pl ans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. They may, under circumstances where the
significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.
(D) The Building Official may require pl ans and specifications to be modified in order to make them consistent with the city general plan, specific plans, zoning code, water quality requirements or other rules, regulations or conditions applicable to the project. The grading permit may be denied by the Building Official if the proposed project cannot be designed in accordance with these rules, regulations or conditions. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 12, passed 2-18-03) § 8-1-822 Permitted hours for grading operations.
Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m., or on Sundays and federal holidays. The Building Official may, however, permit grading or equipment operations during specific hours after 8:00 p.m. or before 7:00 a.m. or on Sundays and federal holidays if they determine that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the Building Official's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.
However, no permit that has been issued, and no provision of this section, shall be construed to be a waiver of the applicability of the provisions set forth in Title 6, Chapter 6, Subchapter 1, relating to noise control. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-823 Responsibilities of permittee.
(A) It shall be the responsibility of permittee under this subchapter to be knowledgeable of the conditions and restrictions of the grading permit as outlined in applicable sections of this subchapter and the grading manual, and as contained on the approved grading plans and in the approved soilgeotechnical engineering 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 he reunder 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 city directive, and in compliance with all requirements of the permit and this subchapter.
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 subchapter shall be a violation of this subchapter.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 13, passed 2-18-03) § 8-1-824 Protection of adjoining property.
Each adjacent owner is entitled to the lateral and subjacent support which their land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the land for purposes of construction or improvement as provided by law. California Civil Code § 832 is contained in appendix G of the grading manual.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-825 Import and export of earth material.
Where an excess of 5,000 cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all of the following requirements shall apply:
(A) Either water or dust palliative, or both, must be a pplied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth or debris attributed to the grading operation. (B) Loading and transportation of earth from or to the site must be accomplished within the limitations established in § 8-1-822, pertaining to time of grading operations. (C) Access roads to the premises shall be only at points designated on the approved grading plan. (D) The last 50 feet of the access road, as it approa ches the intersection with the public roadway, shall have a grade not to exceed 3%. There must be 300 feet of clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 300-foot sight distance cannot be obtained, flaggers shall be posted.
(E) A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.
(F) An advance warning sign must be posted on the public roadway 400 feet on either side of the access intersection, carrying the words "Truck Crossing." The sign shall be diamond shaped, with each side being 30 inches in length, and shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.
(Ord. 90-11, § 7, passed 3-6-90)
ARTICLE 6. FEES
§ 8-1-826 Grading plan-check fees.
Before accepting a grading permit application and plans and specifications for checking, the Building Official shall collect a plan-checking fee as approved by resolution of the city council and as provided in subarticle 6 of the grading manual.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-827 Grading permit fees.
(A) A fee for each grading permit shall be paid to the Building Official prior to issuance of a grading permit as approved by resolution of the city council and as provided in subarticle 6 of the grading manual. (B) Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this subchapter, except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this subchapter, or from any other penalties prescribed in this subchapter.
(C) Additional fees approved by resolution of the city council and contained in subarticle 6 of the grading manual shall be paid as required to the Building Official.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-828 Cost recovery fees.
If the Building Official performs emergency work on private property, they shall charge the property owner all direct and indirect costs which are necessary to complete the work to their satisfaction as determined by the Builidng Official. In addition, the Building Official may charge a mobilization cost equal to 10% of the cost for performing the work.
(Ord. No. 90-11, § 7, 3-6-90)
ARTICLE 7. SECURITY (BONDS)
§ 8-1-829 Security (Bonds).
(A) Security (Bond) required; waiver.
(1) A grading permit shall not be issued unless the permittee shall first posts with the Building Official an approved bond, or other approved security, in a form and executed by the owner and a corporate surety authorized to do business in the state as a surety in an amount specified in subarticle 7 of the grading manual. The bond or other security is required to ensure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and/or correct conditions that pose a threat to environmental resources including but not limited to a threat to water quality.
(1)(2) This requirement may be waived at the discretion of the Building Official if they determines that:
(a) No hazardous situation is likel y to occur as a result of incomplete or improper grading; (b) No adverse effect is likely to occur to subject prop erty, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading; (c) No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading;
(d) No adverse geological or environmental impacts w ill occur as a result of incomplete or improper grading; or
(e) No conditions of the permit warrant a financial gu arantee or ensure their satisfactory completion. (B) Blanket bondmultiple projects. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the Building Official. (C) Additional bondsecurity. An additional cash bondsecurity in an amount determined by the Building Official may be required to ensure the completion of finish grading under the permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the Building Official may be required for permits involving temporary earthen stockpiles to ensure their timely removal. (D) Failure to complete work. In the event of failure to comply with all of the conditions and terms of the permit, the Building Official may order the work authorized by the permit to be completed or put in a safe condition to their satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a
continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done. In the case of a cash deposit, the deposit, or any unused portion thereof, shall be refunded to the permittee.
(E) Default in performance of conditions.
(1) Whenever the Building Official fi nds or determines that a default has occurred in the performance of any requirement of a condition of a permit, written notice thereof shall be given to the principal and, when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion.
(2) After receipt of such notice, the su rety shall, within the time specified, cause or require the work to be performed, or, failing therein, shall pay over to the Building Official the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies the Building Official may cause the required work to be performed and completed. The surety shall pay the Building Official actual costs in excess of the estimated amount plus a mobilization charge as specified in § 8-1-828, pertaining to cost recovery fees.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 14, passed 2-18-03) ARTICLE 8. CUTS
§ 8-1-830 Cuts.
(A) Unless otherwise approved by the Building Official and recommended in the approved geotechnical engineering report, cuts shall conform to Subarticle 8 of the Grading Manual. The provisions therein may be waived for minor cuts not intended to support structures, upon written request by the applicant using a form prescribed by the Building Official.
(B) Cut slopes shall be no steeper than two horizontal to one vertical unless otherwise recommended in the soilgeotechnical engineering and engineering geology report and approved by the Building Official. The slope of cut surfaces shall be no steeper than is safe for the intended use. (C) Following the final landscape planting (combination of ground cover, shrubs and trees) of cut slopes, as approved by the city no person shall remove, denude or destroy vegetation on these slopes, except within specifically identified areas authorized by written order of the city or the County Fire Authority. Any such authorization shall be limited to the minimum area necessary to comply with applicable vegetation management required by law. Landscaped slope areas may also be cleared only as necessary for immediate construction or reconstruction purposes. Upon completion of such work, all distributed or bare slope areas shall be replanted to substantially match the originally approved landscape condition. (Ord. 90-11, § 7, passed 3-6-90; Ord. No. 2003-128, § 15, passed 2-18-03) ARTICLE 9. FILLS
§ 8-1-831 Fills.
(A) (1) Unless otherwise approved by the Build ing Official and recommended in the approved soilgeotechnical engineering report, fills shall conform to subarticle 9 of the grading manual.
(2) The provisions therein may be waived for minor fills not intended to support structures upon written request by the applicant on a form prescribed by the Building Official. (B) The Building Official may require that the soil test s or testing be performed by an approved testing laboratory.
(C) Fill slopes shall be no steeper than two horizontal to one vertical unless otherwise recommended in the soilgeotechnical engineering report and approved by the Building Official. The slope of fill surfaces shall be no steeper than is safe for the intended use.
(A)(D) Following the final landscape planting (combination of ground cover, shrubs and trees) of fill slopes, as approved by the city, no person shall remove, denude or destroy vegetation on these slopes, except within specifically identified areas authorized by written order of the city or the County Fire Authority. Any such authorization shall be limited to the minimum area necessary to comply with applicable vegetation management required by law. Landscaped slope areas may also be cleared only as necessary for immediate construction or reconstruction purposes. Upon completion of such work, all disturbed or bare slope areas shall be replanted to substantially match the originally approved landscape condition.
(Ord. 90-11, § 7, passed 3-6-90)
ARTICLE 10. SETBACKS
§ 8-1-832 Setbacks.
(A) The setbacks and other restrictions specified by subarticle 10 of the grading manual are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soilGeotechnical engineer or engineering geologist, if necessary for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion or water runoff of the slopes or to provide access for slope and drainage structure maintenance. (A)(B) The minimum setback may be reduced only in special circumstances where stability is proven to the satisfaction of the Building Official by the soilgeotechnical engineer or engineering geologist and other factors are of primary importance.
(Ord. 90-11, § 7, passed 3-6-90)
ARTICLE 11. DRAINAGE AND TERRACING
§ 8-1-833 Drainage and terracing.
Drainage facilities and terracing shall conform to the provisions of subarticle 11 of the grading manual unless otherwise approved by the Building Official and delineated on the approved grading plan. (Ord. 90-11, § 7, passed 3-6-90)
ARTICLE 12. ASPHALT CONCRETE PAVEMENT
Sec. 8-1-834. Asphalt concrete pavement.
(A) Asphalt concrete pavement for surfacing of parking lo ts, private streets or other similar use shall conform to the provisions of subarticle 12 of the grading manual unless otherwise approved by the Building Official. (B) The site soilgeotechnical engineer or special inspector shall inspect the construction of asphalt paved areas and verify to the Building Official that the work has been performed in compliance with the provisions of this section.
(Ord. 90-11, § 7, passed 3-6-90)
ARTICLE 13. EROSION AND SEDIMENT CONTROL
§ 8-1-835 Erosion and sediment control system.
(A)(1) The faces of cut and fill slopes and the project site shall be prepared and maintained to control against erosion in accordance with this article and the applicable provisions of the drainage area master plan. (2) 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. (B)(1) Where necessary, temporary or permanent erosion control devices such as desilting basins, check dams, riprap, water quality requirements or other devices or methods, as approved by the Building Official, shall be employed to control erosion An effective erosion and sediment control system, such as desilting basins, check dams, riprap, best management practices (BMPs), water requirements or other devices or methods, as approved by the Building Official, shall be employed to control erosion and sediment and provide safety during the rainy season from October 1 to April 30.
(2) During the dry season from May 1 to September 30, such devices shall be employed to protect the exposed portions of the site within 48 hours of a predicted storm event defined as a forecasted 50% chance of rain.
(3) All erosion and sediment control devices shall be onsite and ready for installation when the five-day forecast exceeds a 50% chance of rain.
(C) No grading work in excess of 200 cubic yards will be allowed between October 1 to April 30 on any single grading site under permit unless an erosion and sediment control system has been approved or waived by the Building Official.
(D)(1) Paved streets, sidewalks and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris and trash.
(2) 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. (3) Watering shall not be used to clean streets unless the water is fully recovered prior to entering the city storm drain system and disposed of properly into the sanitary sewer system or another approved location except for fine material not otherwise removed by sweeping or other mechanical means. (E) The civil engineer or other qualified individual who prepared the grading plan and designed the erosion and sediment control devices shall be responsible for inspection and modification of the devices, as necessary, during the rainy season. Significant modifications to erosion control shall be approved by the Building Official.
(F) Desilting facilities shall be provided at drainage outlets from the graded site.
(G) Desilting basins shall be designed to provide a mini mum desilting capacity equal to the current community development department standards.
(H) Desilting basins shall be constructed around the perime ter of projects whenever feasible when they provide improved maintenance access from paved roads during wet weather. (I)(1) Desilting basins construc ted of compacted earth shall be compacted to a relative compaction of 90% of maximum density.
(2) A soilgeotechnical engineering report, prepared by the soilgeotechnical engineer, which includes the type of field testing performed and the location and results of testing shall be submitted to the Building Official for approval upon completion of the desilting basins.
(J)(1) Equipment and workers for emergency work shall be made available at all times during the rainy season. (2) Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent. (K) Slope stabilization must be used on all active slopes in preparation for and during the rainy events, regardless of season and on all active an inactive slopes during the rainy season. (L)(1) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Building Official.
(2) Slopes exceeding 15 feet high may require an adequate sprinkler system, as determined by the Building Official.
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. (M) City-approved 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. (N) The erosion control provisions shall take into accoun t drainage patterns during the current and future phases of grading throughout the rainy season.
(O) All removable protective devices shown shall be in pl ace at the end of each working day when the five-day rain probability forecast exceeds 40%.
(P) Graded areas around the tractproject perimeter must drain away from the face of slopes at the conclusion of each working day.
(Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 16, passed 2-18-03) § 8-1-836 Erosion and sediment control plans.
(A) Erosion and sediment control plans prepared in accordance with subarticle 13 of the grading manual shall be submitted to the Building Official for approval by September 1 each year for projects under grading permits.
(A)(B) The erosion and sediment control plan may be waived for grading projects on single residential lot projects providing that an erosion and sediment control system, meeting the approval of the Building Official, has been installed, placed, planted or constructed before October 1. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 17, passed 2-18-03)
§ 8-1-837 Erosion and sediment control maintenance.
(A) After each rainstorm, silt and debris shall be remo ved from check berms and desilting basins and the basins pumped dry. Slope protection measures damaged by a rainstorm shall be immediately repaired. (B) After each rainstorm, the performance of the erosion and sediment 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)(1) The contractor and permittee or project owner shall be responsible for continual maintenance of the devices during the rainy season.
(2) In the event of failure or refusal by the contractor, permittee or project 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.
(3) The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work as contained in Subchapter 8, article 6.
(F)(1) If the Building Official must cause emergency maintenance work to be done they may revoke the grading permit in writing.
(2) The permit shall not be renewed until an erosion and sediment 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 the amount required for the original permit paid by the owner. (3) The Building Official may waive installation of an erosion and sediment control system after April 30. (G)(1) If any grading subject to § 8-1-805, pertaining to grading permits, has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion and sediment control plan as well as other plans required under the water quality requirements which have been approved by the Building Official.
(2) In the event of failure by the property owner to install an approved erosion and sediment 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. (3) The procedures of § 8-1-812, pertaining to hazardous conditions, need not apply for emergency erosion and sediment control work between October 1 to April 30 and emergency work necessary to protect environmental resources.
(4) The cost shall be charged to the owner in accordance with division (E) above. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 18, passed 2-18-03; Ord. 2003-128, § 18, passed 2-18-03) ARTICLE 14. GRADING INSPECTION
§ 8-1-838 Generally.
All grading operations for which a permit is required shall be subject to inspection by the Building Official. (Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-839 Responsibilities of professional consultants. (A)(1) It is the responsibility of the civil engineer, architect or other qualified individual who prepares the grading plan approved by the Building Official to incorporate all recommendations from the soilgeotechnical engineering and engineering geology reports into the grading plan. (2) They shall also be responsible for the professional inspection and approval of the grading within their area of technical specialty. This responsibility shall include but need not be limited to inspection and approval as to the establishment of line, grade and drainage of the development area. (3) The project civil engineer or general contractor shall act as the coordinating agent if the need arises for liaison between the project professional grading contractor and the Building Official, and the civil engineer or other qualified person who prepares and signs the grading plan shall also be responsible for the preparation of revised plans and erosion control plans and water quality requirements, and the submission of as-graded grading plans when required by the Building Official upon completion of the work. (B) SoilGeotechnical engineering and engineering geology reports shall be required as specified in § 8-1-819, pertaining to soilgeotechnical engineering and engineering geology reports. During grading, all necessary reports, compaction data, soilgeotechnical engineering and engineering geology recommendations shall be submitted to the owner by the soilgeotechnical engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two copies of all reports to the Building Official. (C) The soilgeotechnical engineer's area of responsibility shall include but need not be limited to professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills, subdrain installation and incorporation of data supplied by the engineering geologist.
(D) The engineering geologist's area of responsibility sh all include but need not be limited to professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. They shall report their finding to the soilgeotechnical engineer and the civil engineer for engineering analysis.
(E) The Building Official may expeditiously inspect the proj ect at the various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
(F) When preliminary soilgeotechnical engineering reports are not required by the Building Official, they may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include but need not be limited to approval of cleared areas and trenches to receive fill, and the compaction of fills. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 19, passed 2-18-03) § 8-1-840 Notification of noncompliance.
(A) If, in the course of fulfilling their responsibility under this subchapter, the civil engineer, the soilgeotechnical engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications, water quality requirements and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. (B) Recommendations for corrective measures, if necessary, shall be submitted to the owner. (A)(C) The owner shall submit two copies of all recommendations and reports to the Building Official. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 20, passed 2-18-03)
§ 8-1-841 Transfer of responsibility for approval.
(A) Notification required. If the civil engineer, the soilgeotechnical engineer, the engineering geologist, the testing agency or the grading contractor of record is changed during the course of the work, the work shall be stopped unless:
(1) The owner submits a letter of noti fication verifying the change of the responsible professional; and (2) (a)The new responsible professional submits in writ ing that they have reviewed all prior reports and plans, specified by date and title, and work performed by the prior responsible professional and that they concurs with the findings, conclusions and recommendations, and are satisfied with the work performed.
(b)They may modify or revise recommendations, specifications or work performed if accompanied by supporting data and approved by the Building Official.
(c)They must state that they assume all responsibility within their purview as of a specified date. All exceptions must be justified to the satisfaction of the Building Official. (B) Exception. Where it is clearly indicated that the firm, not the individual engineer or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer or geologist within the firm may assume responsibility.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-842 Site inspection by Building Official.
(A) Prior to the approval of any building or grading plan s and specifications, the Building Official may inspect the site to determine that the plans and specifications are current and reflect existing conditions. (B) The permittee or their agent sha ll notify the Building Official when the grading operations specified in subarticle 14 of the grading manual are ready for inspection. (C) If the inspector finds the soilgeotechnical/soil/geologic or other conditions not as stated in the approved plans and soilgeotechnical or geology reports or as in additional information which was required for issuance of the grading permit, they may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions. (D) The provisions of section 104.2.4 of the California Building Code § 115, pertaining to stop orders, shall apply to all grading work, and whenever the Building Official determines that any work does not comply with the terms of a permit or this subchapter, or that the geotechnical/soil/geologic or other conditions are not as stated on the permit, they may order the work stopped by notice in writing served on any persons engaged in doing such work or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. (E) Prior to the issuance of building permits for a gr aded site, the rough grading shall be completed in accordance with subarticle 14 of the grading manual and to the satisfaction of the responsible civil engineer or architect, engineering geologist and soilgeotechnical engineer, and the Building Official. (F) (1) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Building Official may require, by written notice, that such work be exposed for examination.
(2) The work of exposing and recovering shall not entail or be subject to expense by the city. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 21, passed 2-18-03)
§ 8-1-843 Special inspections.
(A) The Building Official may establish special inspection requirements in accordance with Section 1701 of the California Building Code, Chapter 17, pertaining to special inspections, as amended, for special cases involving grading or paving related operations.
(A)(B) Special cases may apply to work where, as determined by the Building Official, in the opinion of the Building Official it is necessary to supplement the resources or expertise available for inspection. (Ord. 90-11, § 7, passed 3-6-90; Ord. 2003-128, § 22, passed 2-18-03) ARTICLE 15. COMPLETION OF WORK
§ 8-1-844 Final reports.
Upon completion of the rough grading work and at the final completion of the work prior to final approval, the Building Official may require the written approvals, reports, drawings and supplements thereto specified in subarticle 15 of the grading manual.
(Ord. 90-11, § 7, passed 3-6-90)
§ 8-1-845 Notification of completion.
(A) The permittee under this subchapter or their agent shall notify the Building Official when the grading operation is ready for final inspection.
(B) All work, including installation of all drainage facilities and their protective devices and all erosion control measures, must be completed in accordance with the final approved grading plan, and the required reports approved by the Building Official, before final approval of the grading permit is given by the Building Official.
(C) They may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and an adequate bond or other security is posted to ensure completion of all remaining work.
(Ord. 90-11, § 7, passed 3-6-90)
§§ 8-1-846—8-1-899 Reserved.
SUBCHAPTER 9. CALIFORNIA RESIDENTIAL CODE—AMENDMENTS
§ 8-1-900 Chapter 2, Definitions, amended.
Section R202 ”Definitions” is hereby amended by adding, in alphabetical order, "OCFA" and "Spark Arrester" as follows:
OCFA. The Orange County Fire Authority which is the fire department/authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordan ce with California Building Code Chapter 28. (Ord. 2025-237, § 3, passed 12-02-25)
§ 8-1-901 Chapter 3, Building Planning, amended.
Chapter 3 ”Building Planning” is adopted in its entirety with the following amendments and additions:
(A) Table R301.2 ”Climatic and Geographic Design Criteria” is amended as follows:
TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground
Snow
Load
Wind Design Seismic
Design
Category
f
Subject To Damage From Winter
Design
Temp
e
Ice
Barrier
Under-
layment
Required
h
Flood
Hazardsg
Air
Freezing
Index
i
Mean
Annual
Temp
j
Speedd
(mph)
Topo-
graphic
Effects
k
Weather-
inga
Frost
Line
Depth
b
Termitec
Zero 85 No D 2 or E Severe 12-24" Very
Heavy
43 No See
Exhibit B
0 60
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c The jurisdiction shall f ill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d The jurisdiction shall f ill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2( 4)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e Temperatures shall be permitted to reflect local c limates or local weather experience as determined by the Building Official.
f The jurisdiction shall f ill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.
h In accordance with Sections R905.2.7.1, R9 05.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html. j The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k In accordance with Section R301.2.1.5, where ther e is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
(B) Section R301.9 ”Fuel modification requirements for new construction” is hereby added as follows:
R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline - Technical Design for new Construction Fuel Modification Plans and Maintenance Program."
(C) Section R3017.5.1 ”Fire sprinkler attached garages, and carports with habitable space above” is hereby amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8. (D) Section R309.1 ”Townhouse automatic fire sprinkler systems” is hereby amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8. (E) Section R309.2 ”One- and two-family dwellings automatic fire sprinkler systems” is hereby amended by modifying exception number one to read as follows:
1. An automatic residential fire sprinkler system sh all not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments, Section 903.2.8. (F) Section R309.3.6.2.2 ”Calculation procedure” is hereby amended as follows:
Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5. (Ord. 2025-237, passed 12-2-25)
§ 8-1-902 Chapter 4, Foundations, amended.
Section R405.1 “Concrete or masonry foundations” is amended as follows:
R405.1 'Concrete or masonry foundations' is amended by deleting the "Exception" from the end of this section for foundations installed on well-drained ground or sand-gravel mixture soils. (Ord. 2025-237, passed 12-02-25)
§ 8-1-903 Chapter 9, Roof Assemblies, amended.
(A) Section R902.1 ”Roof assemblies” is amended as follows:
R902.1 Roof assemblies. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing shall be installed in areas designated by this section. Class A roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
Exceptions:
1. Class A roof assemblies include those with coveri ngs of brick, masonry, and exposed concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets, clay or concrete roof tile, or slate installed on noncombustible decks.
(B) Section R902.1.2 ”Roof Coverings in all other areas other than Fire Hazard Severity Zones or a Wildland- Urban Interface (WUI) area” is amended as follows:
R902.1.2 Roof Coverings in all other areas other than Fire Hazard Severity Zones or a Wildland-Urban Interface (WUI) area. The entire roof covering of every existing structure where more than 50% 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 a Class A.
(C) Section R902.2 ”Fire-retardant-treated shingles and shakes” is amended as follows:
R902.2 Fire-retardant-treated shingles and shakes. Wood shakes and shingles are not allowed within the City of Laguna Niguel.
(Ord. 2025-237, § 3, passed 12-02-25)
§ 8-1-904 Chapter 10, Chimneys and Fireplaces, amended. (A) Section R1001.14 ”Outdoor fireplaces, fire pits, fire rings, or similar devices” is hereby added as follows:
R1001.14 Outdoor fireplaces, fire pits, fire rings, or similar devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking. (B) Section R1001.14.1 ”Gas-fueled devices” is hereby added as follows:
R1001.14.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2. (C) Section R1001.14.2 ”Devices using wood or fuels other than natural gas or liquefied-petroleum gas” is hereby added as follows:
R1001.14.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. (D) Section R1001.14.3 ”Where prohibited” is hereby added as follows:
R1001.14.3 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. (Ord. 2025-237, passed 12-02-25)
§ 8-1-905 Chapter 44 Referenced Standards, amended.
(A) NFPA 13, 2022 Edition, ”Standard for the installation of sprinkler systems” is hereby amended as follows:
(1) Section 8.15.1.2.7 is hereby amended as follows:
8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by Fire Code Official.
(2) Section 11.1.1.1 is hereby added as follows:
11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area.
Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve "G". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted.
Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.
(3) Section 11.2.3.1.1.1 is hereby added as follows:
11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1. Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433;
2. Use a maximum of 40 psi, if available;
3. Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. (B) NFPA 130 2022 Edition, “Standard 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 amended as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service. (Ord. 2022-219, § 3, passed 11-15-22)
§§ 8-1-906—8-1-999 Reserved.
SUBCHAPTER 10. CALIFORNIA GREEN BUILDING STANDARDS CODE § 8-1-1000 Adoption.
As adopted in § 8-1-12, the 2025 Edition of the California Green Building Standards Code (CAL Green) shall be the Green Building Standards Code of the city, regulating the construction, alteration, movement, repair, equipment, use, and occupancy, location, maintenance, removal, demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures in the city. (Ord. 2019-200, § 4, passed 11-19-19; Ord. 2022-219, § 4, passed 11-15-22; Ord 2025-237, passed 12-02-25) Sec. 8-1-1000.1. Compliance with CALGreen recycling requirements.
Persons applying for a permit from the city for new construction and building additions and alternations shall also comply with the requirements of § 6-3-709 (compliance with CALGreen recycling requirements) found in article 7 (organic waste disposal reduction) of division 3 (sewage and solid waste disposal) of title 6 (health and sanitation).
(Ord. No. 2021-209, § 2, 5-4-21; Ord. 2025-237, passed 12-02-25) SUBCHAPTER 11. SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
§ 8-1-1001 Purpose.
The purpose of this subchapter is to adopt an expedited, streamlined solar permitting process that complies with Assembly Bill AB 2188 (Chapter 521, Statutes 2014, California Government Code § 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This subchapter allows the city to achieve these goals while protecting the public's health and safety. (Ord. 2018-192, § 2, passed 4-3-18)
§ 8-1-1002 Applicability.
(A) This subchapter applies to the permitting of all small residential rooftop solar energy systems in the city, as that term is defined in this subchapter.
(B) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this subchapter are not subject to the requirements of this subchapter, 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 of small residential rooftop solar energy systems shall not require a permit. (Ord. 2018-192, § 2, passed 4-3-18)
§ 8-1-1003 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Building Department. The Building and Safety Division of the Community Development Department for the City of Laguna Niguel.
Building Official. The Building Official for the City of Laguna Niguel.
City. The City of Laguna Niguel.
Electronic submittal. The utilization of one or more of the following:
(1) Email;
(2) The Internet; and
(3) Facsimile.
Small residential rooftop solar energy system. A solar energy system which meets all of the following:
(1) Is no larger than ten kilowatts alternating cu rrent nameplate rating or 30 kilowatts thermal; (2) 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; (3) Conforms to all applicable safety an d performance standards established by the current California Electrical Code, California Code of Regulations, Title 24, Part 3, 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; (4) Is installed on a single or duplex family dwelling; and (5) 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 the California Civil Code § 801.5(a)(1) and (a)(2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.
Specific, adverse impact. 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.
(Ord. 2018-192, § 2, passed 4-3-18)
§ 8-1-1004 Solar energy system requirements.
(A) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city, local fire department (County Fire Authority), and the State. (B) Solar energy systems for heating water in single-fa mily residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
(C) Solar energy systems for producin g electricity shall meet 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.
(Ord. 2018-192, § 2, passed 4-3-18)
§ 8-1-1005 Applications and documents.
(A) Within 14 days of adoption of this subchapter, the Building Department shall develop and implement a checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. The checklist shall substantially conform to the checklist contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(B) All documents required for the submission of an expe dited small residential rooftop solar energy system application, including the checklist, shall be made available on the city's website and made available during business hours at the Building Department.
(C) Electronic submittal of the require d permit application and associated documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. (D) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(E) All fees prescribed for the permitting of small re sidential rooftop solar energy systems pursuant to this subchapter must comply with the California Government Code §§ 65850.55 and 66015 and the California Health & Safety Code § 17951.
(Ord. 2018-192, § 2, passed 4-3-18)
§ 8-1-1006 Permit review and inspection requirements.
(A) The Building Department shall impl ement an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications. (B) Review of an application for a sma ll residential rooftop solar energy system shall be limited to the Building Department's review of whether the applicant meets local, state and federal health and safety requirements. (C) For an application for a small residential rooftop so lar energy system that meets the requirements of the city's checklist, the Building Department shall issue a building permit or other non-discretionary permit or authorization.
(D) If an application for a small residential rooftop solar energy system 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 permitting shall be sent to the applicant for resubmission.
(E) The Building Official may requ ire an applicant to apply for a minor use permit if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety.
(F) If a minor use permit is required, the city may not deny an application for the residential rooftop solar energy system minor use permit unless the city makes written findings based upon substantial 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 the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission in accordance with § 9-1-112. (G) Any conditions imposed on an application for a small residential rooftop solar energy system minor use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(H) The city shall not condition approv al of a small residential rooftop solar energy system application on the approval of an association, as defined in the California Civil Code § 4080, that manages a common interest development.
(I) Only one inspection shall be required and perfor med by the Building Department for small residential rooftop solar energy systems eligible for expedited review. (1) The inspection shall be completed in a timely ma nner and should include consolidated inspections. (2) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subchapter. (Ord. 2018-192, § 2, passed 4-3-18)
SUBCHAPTER 12. ELECTRIC VEHICLE CHARGING STATIONS PERMIT § 8-1-1007 Purpose.
The purpose of this subchapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle (EV) charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code §§ 65850.7 and 65850.71, including successor statutes and amendments thereto.
(Ord. 2018-193, § 2, passed 4-3-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 8-1-1008 Applicability.
(A) This subchapter applies to the permitting of all electr ic vehicle charging station systems in the city, as that term is defined in this subchapter.
(B) Electric vehicle charging station systems legally established or permitted prior to the effective date of this subchapter are not subject to the requirements of this subchapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station system. Routine operation and maintenance or like-kind replacements of electric vehicle charging stations shall not require a permit.
(C) Electric vehicle charging stations shall comply with the design and development standards established in § 9- 1-67.
(D) Should this subchapter conflict with any permit processing requirements specified in any other chapter of the Municipal Code, this subchapter shall take precedence. (Ord. 2018-193, § 2, passed 4-3-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 8-1-1009 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Building department. The Building and Safety Division of the Community Development Department for the City of Laguna Niguel.
Building official. The Building Official for the City of Laguna Niguel.
City. The City of Laguna Niguel.
Electric vehicle charging station or charging station. Any level of electric vehicle supply equipment that is designed and built in compliance with California Electrical Code, Article 625, or any successor regulation, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
Electronic submittal. The utilization of one or more of the following:
(1) Email;
(2) The Internet; or
(3) Online permit portal.
Feasible method. Any method to satisfactorily mitigate or avoid a specific, adverse impact, which may include, 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.
Specific, adverse impact. 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.
(Ord. 2018-193, § 2, passed 4-3-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 8-1-1010 Electric vehicle charging station system requirements. (A) All electric vehicle charging st ation systems shall meet applicable health and safety standards and requirements imposed by the city, local fire department (County Fire Authority) and the State. (B) Electric vehicle charging station systems shall m eet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers association, and accredited testing laboratories such as Underwriters Laboratories, and rules of Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability. (C) Installation of EV charging stations and associat ed wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
(D) Installation of EV charging statio ns shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. EV charging equipment shall be considered a continuous load.
(E) Anchorage of either floor-mounted or wall-mounted EV charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. 2018-193, § 2, passed 4-3-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 8-1-1011 Permit applications and submittal requirements. (A) All documents required for the submission of an electric vehicle charging station application, including the checklist of submittal requirements for expedited review, shall be made available on the city's website and made available during business hours at the building department. (B) Electronic submittal of the required permit application and associated supporting documents by electronic means shall be made available to all electric vehicle charging station permit applicants.
(C) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(D) Prior to submitting an application for processing, the applicant shall verify that the installation of an EV charging station will not have specific, adverse impact to public health and safety and building occupants.
Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. (Ord. 2018-193, § 2, passed 4-3-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 8-1-1012 Permit review and issuance.
(A) The building division shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The city's adopted checklist shall be published on the city's website.
(B) An application that satisfies the information requirements in the city's checklist shall be deemed complete and be promptly processed. Upon confirmation by the building division that the application and supporting documents meet the requirements of the city's checklist, and is consistent with all applicable laws and health and safety standards, the building division shall, consistent with California Government Code § 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the EV charging station until approval is granted by the city. (C) If an application for an electric vehicle charging station 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 permitting shall be sent to the applicant for resubmission. (D) Notwithstanding the expedited permit processing set forth in this chapter, the building official retains authority at all times to identify and address higher priority life-safety situations. If the building official finds, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health and safety, the city may require the applicant to apply for a minor use permit. (E) If a minor use permit is required, the city may not deny an application for an electric vehicle charging station minor use permit unless the city makes written findings based upon substantial 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 the specific, adverse impact. Such finding shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the planning commission in accordance with § 9-1-112. (F) Any conditions imposed on an applic ation to install electric vehicle charging station system shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. (G) The City shall not condition approval of an electric ve hicle charging station system permit on the approval of an association, as defined in the California Civil Code § 4080, that manages a common interest development. (Ord. 2018-193, § 2, passed 4-3-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)
SUBCHAPTER 13. CALIFORNIA WILDLAND-URBAN INTERFACE CODE
§ 8-1-1301 Adoption of the California Wildland-Urban Interface Code.
The 2025 Edition of the California Wildland-Urban Interface Code, as published by the International Code Council, shall be the Wildland-Urban Interface Code of the city. The California Wildland-Urban Interface Code is on file for public examination in the office of the building official. One copy of the code is now filed in the office of the city clerk. This code is hereby adopted and incorporated as through set forth in full in this section.
(Ord. 2025-237, § 11, passed 12-02-25)
§ 8-1-1302 California Wildland-Urban Interface Code – Chapter 6, Fire Protection Requirements, amended.
Chapter 1, Division II, Scope and Administration, is adopted in its entirety with the following amendments:
Section 101.3.1, “Application”, is hereby amended as follows:
Section 101.3.1 Application. New buildings located in any Very High Fire Hazard Severity Zone or any Wildland- Urban Interface Fire Are designated by the enforcing agency constructed after the application date shall comply with the provisions of this code.
Additions to building and accessory structures located in areas currently designated as such, shall comply with the provisions of this chapter listed below.
1. Vents 504.10
2. Decks 504.7.3
3. Accessory buildings and miscellaneous structures 504.11
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building
2. Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.
4. Additions with a valuation less than $50,000.
Section 602.4, “Fuel modification plans”, is hereby amended as follows:
602.4 Fuel modification plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.
Appendices
Appendix A is not adopted.
Appendix B is not adopted.
Appendix C is not adopted.
Appendix D is not adopted.
Appendix E is deleted in its entirety.
Appendix F is adopted in its entirety as amended by the SFM.
Appendix G is adopted in its entirety as amended by the SFM.
Appendix H is not adopted.
Appendix I is not adopted.”
(Ord. 2025-237, § 11, passed 12-02-25)
SUBCHAPTER 14. CALIFORNIA ENERGY CODE
§ 8-1-1401 Adoption of the California Energy Code.
The 2025 Edition of the California Energy Code, as published by the International Code Council, shall be the Energy Code of the city. The California Energy Code is on file for public examination in the office of the building official.
One copy of the code is now filed in the office of the city clerk. This code is hereby adopted and incorporated as through set forth in this section.
(Ord. 2025-237, § 12, passed 12-02-25)
Chapter 2 ELECTRICAL CODE
Subchapter 1. California Electrical Code, § 8-2-1
SUBCHAPTER 1. CALIFORNIA ELECTRICAL CODE
§ 8-2-1 Adoption of the California Electrical Code.
As adopted in § 8-1-12, the 2025 Edition of the California Electrical Code, based on the 2024 National Electrical Code as published by the National Fire Protection Association, shall be the Electrical Code of the city, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city. (Ord. 2025-237, § 6, passed 12-02-25)
Chapter 3 PLUMBING AND SWIMMING POOL REGULATIONS
Subchapter 1. California Plumbing Code, §§ 8-3-1—8-3-24 Subchapter 2. International Swimming Pool and Spa Code, § 8-3-25
SUBCHAPTER 1. CALIFORNIA PLUMBING CODE
§ 8-3-1 Adoption of California Plumbing Code.
As adopted in § 8-1-12, the 2025 Edition of the California Plumbing Code, based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, shall be the Plumbing Code of the city, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the city. (Ord. 2025-237, § 7, passed 12-02-25)
§§ 8-3-2—8-3-24 Reserved.
SUBCHAPTER 2. INTERNATIONAL SWIMMING POOL AND SPA CODE
§ 8-3-25 Adoption of International Swimming Pool and Spa Code.
As adopted in § 8-1-12, the International Swimming Pool and Spa Code, 2024 Edition, as published by the International Code Council shall be the Swimming Pool and Spa Code of the city. (Ord. 2025-237, § 8, passed 12-02-25)
Chapter 4 SANITARY SEWER COLLECTION SYSTEMS
Subchapter 1. Sewer Design Criteria and Plan Checking, §§ 8-4-1—8- 4-23
Subchapter 2. Sewer Construction and Inspection, §§ 8-4-24—8-4-44 Subchapter 3. Definitions and General Provisions, §§ 8-4-45—8-4- 106
Subchapter 4. Special Inspector, §§ 8-4-107—8-4-119
Subchapter 5. Control of Materials, §§ 8-4-120—8-4-131 Subchapter 6. Vitrified Clay Pipe, §§ 8-4-132—8-4-174
Subchapter 7. Portland Cement Concrete, §§ 8-4-175—8-4-196 Subchapter 8. Precast Portland Cement Concrete Manholes, §§ 8-4- 197—8-4-208
Subchapter 9. Manhole Frames, Covers and Cleanouts, §§ 8-4-209— 8-4-220
Subchapter 10. Steel Casing Pipe, §§ 8-4-221—8-4-231
Subchapter 11. Epoxy Resin, §§ 8-4-232—8-4-242
Subchapter 12. Earthwork, §§ 8-4-243—8-4-307
Subchapter 13. Sewer Pipe and Fittings, §§ 8-4-308—8-4-323 Subchapter 14. House Laterals, §§ 8-4-324—8-4-335
Subchapter 15. Chimneys, §§ 8-4-336—8-4-346
Subchapter 16. Manholes, §§ 8-4-347—8-4-370
Subchapter 17. Steel Casing Pipe, §§ 8-4-371—8-4-384
Subchapter 18. Concrete Encasement, §§ 8-4-385—8-4-395 Subchapter 19. Removal and Resurfacing of Street Pavement and Surfaces, §§ 8-4-396—8-4-406
Subchapter 20. Installation Unde r Railroad Crossings, §§ 8-4-407—8- 4-417
Subchapter 21. Testing for Leakage and Infiltration, §§ 8-4-418—8-4- 423
Subchapter 22. Detail Drawings
SUBCHAPTER 1. SEWER DESIGN CRITERIA AND PLAN CHECKING
§ 8-4-1 Generally.
The following procedure for an applicant must be complied with to obtain sewer design approval for sewer collection systems within the city.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-2 Design criteria.
If an off-site sewer trunk is required to connect to a sanitation district trunk, this facility shall be approved by such sanitation district prior to submittal of plans to the department. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-3 Preparation of plans.
(A) All sewer and profile plans must be prepared under the direct supervision of a registered civil engineer licensed to practice in the state.
(B) This requirement must be attested to by the engineer's signature on the plans. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-4 Preliminary plan-check fees.
After completion of the plans, the engineer shall submit them to the department for plan checking, at which time a fee shall be paid to the department equal to 1% of the estimated total cost of installation. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-5 Inspection fees.
(A) Following the approval of the plans, the applicant shall be required to pay an inspection fee to the department in an amount equal to 3% of the estimated cost of the installations. An inspection fee of 3% of any additional cost of installation shall be required in addition to the original inspection fee. All fees shall be paid in advance and prior to the starting of any such work. (B) Whenever the applicant has called fo r inspection and fails to appear on the job site with a working crew or fails to have work ready for inspection, a penalty fee of $7.10 per hour or fraction thereof shall be charged to the applicant for such time lost in the amount established by resolution of the City Council may be charged to the applicant for such time lost.
(C) When the inspection work is perf ormed by a special inspector employed by the applicant and approved by the department, a processing fee of $2.00 shall be paid to the department, plus an additional fee of not less than $7.10 per hour per man for each hour or fraction thereof, for supervision by the department shall be paid to the Department in the amount established by resolution of the City Council. This hourly fee shall be due and payable not later than ten days after the completion of work, except that work in progress and not completed by the first day of every month shall be paid as a partial fee for the inspection supervision of the previous month.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-6—8-4-10 Reserved.
§ 8-4-11 Copies of plans.
(A) Upon approval of the plans, the department shall be furnished three complete sets of approved prints of the plans.
(B) These plans shall be approved and signed, when required, by the department of public works, the county flood control district and the utility companies, as well as the sanitation district. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-12 Easements.
If an easement is required for construction or maintenance of sanitary sewers, the minimum width shall be 15 feet unless otherwise determined by the department. Easement descriptions and accompanying plats shall be prepared by the owner's engineer. The easement shall be in a form acceptable to the department. Easements shall be shown on the sewer plans. The department will not approve any sewer plans until all required easements have been duly recorded.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-13 Prerequisites for beginning construction.
No work may start until the inspection fees have been arranged, the permit has been issued and the required approved plans have been filed with the department and proper notification has been furnished the department for construction inspection.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-14—8-4-23 Reserved.
SUBCHAPTER 2. SEWER CONSTRUCTION AND INSPECTION
§ 8-4-24 General requirements.
All construction regulated by this chapter shall be in accordance with this chapter, good engineering practice and good workmanship, and this chapter shall supersede any plans or specifications when more restrictive than such plans or specifications.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-25 Engineering data.
The applicant shall furnish, at their own expense, all engineering equipment and data. All field data, grades and grade stations, at not to exceed 25-foot intervals, and all pertinent data for the installation of the work, shall be confirmed by a licensed engineer.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-26 Schedule.
The applicant shall submit a schedule to the department outlining their proposed construction operation.
Whenever the applicant varies the period during which work is carried on each day, they shall give due notice to the department so that proper inspection may be provided. Any work done in the absence of the inspector will be subject to rejection.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-27 Notice to department prior to commencement of work.
Notice shall be given to the department at least two working days in advance of commencement of work. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-28 Recording of permits and licenses.
The applicant shall secure all permits and all licenses required for the work. These shall be recorded with the department prior to commencement of work.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-29—8-4-33 Reserved.
§ 8-4-34 Inspection.
(A) All work shall be subject to insp ection for conformity with this chapter and other applicable regulations and shall be left open and uncovered until the applicant is advised by the inspector that work may proceed as described in this section.
(B) (1) The applicant shall not proceed with any phase of work until the previous phase has been inspected and permission to proceed has been given.
(2) Inspection shall be made at the following intervals of work:
(a) Trench excavation and bedding;
(b) Placing of pipe, fittings and structures;
(c) Placing and compacting of the pipe zone backfill;
(d) Backfill of balance of trench to grade and compaction, to be certified by a qualified soil engineer or the department of public works when such work is within their jurisdiction;
(e) Testing and mirroring after backfill is approved by the department, but prior to paving; and (f) Placing in service after manholes are raised to grade. (C) The department shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
(D) No pipe, fittings or other materials shall be insta lled until inspected and approved by the department. All installations which are to be backfilled shall be inspected prior to backfilling, and the applicant shall give due notice in advance of backfilling to the inspector so that proper inspection may be provided. (E) The inspection of the work shall no t relieve the applicant of any of their obligations to complete the work as prescribed by this chapter. Defective work shall be made good, and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the inspector and accepted.
(F)(1) The department shall have the authority to suspend the work wholly or in part for such time as it may deem necessary due to the failure on the part of the applicant to carry out orders given, or to perform any provisions of the plans, this chapter or other applicable regulations. (2) The applicant shall immediately comply with the written order of the department to suspend the work wholly or in part. The work shall be resumed when methods or defective work are corrected as ordered or approved by the department.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-35—8-4-44 Reserved.
SUBCHAPTER 3. DEFINITIONS AND GENERAL PROVISIONS
§ 8-4-45 Definitions.
The words, terms and phrases defined in this subchapter, when used in this chapter, shall have the meanings ascribed to them in this subchapter, except where the context clearly indicates a different meaning. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-46 ASTM defined.
ASTM. The American Society for Testing Materials. All references to the specifications of the ASTM are understood to refer to the current specifications as revised or amended at the date of construction. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-47 Construction schedule defined.
Construction schedule. The applicant's written estimate in detail as required by the department, showing the estimated dates that certain portions of the work will be started and completed and the rate of prosecution of individual portions of the work as planned by the applicant. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-48 Applicant defined.
Applicant. Any person applying for or holding a valid permit for installing the work regulated by this chapter. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-49 Department defined.
Department. The department of community development and its authorized members. (Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-50—8-4-54 Reserved.
§ 8-4-55 Engineer defined.
Engineer. The engineer designated by the applicant, acting either directly or through properly authorized agents of the applicant. The engineer shall be a registered civil engineer licensed to practice in the state. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-56 Final approval defined.
Final approval. The formal action by the department accepting the work as fully completed. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-57 Special inspector defined.
Special inspector. A special inspector as defined in Subchapter 4. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-58 Laboratory defined.
Laboratory. The materials testing laboratory authorized by the department to test materials and work involved in the construction of the sanitary sewers.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-59 Plans defined.
Plans. That part of the plans and specifications which consists of the plans, profiles, typical cross sections, general cross sections and working drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-60—8-4-64 Reserved.
§ 8-4-65 Specifications defined.
Specifications. The directions, provisions and requirements as submitted to the department by the applicant, pertaining to the method and manner of performing the work and to the qualities and quantities of materials to be furnished for work.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-66 State specifications defined.
State specifications. The standard specifications of the state department of public works, division of highways, as published January 1960 California Department of Transportation, as subsequently amended or updated. Any such amendments or updates shall take precedence over the original specifications in the event of any inconsistencies.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-67 Surety and sureties defined.
Surety and sureties. The bondsmen or party who may guarantee the fulfillment of the work, or a portion of the work, by bond, and whose signatures are attached to the bond. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-68 Miscellaneous terms.
Approved, directed, satisfactory, accepted, acceptable, proper, required, necessary and/or equal. As approved, directed, satisfactory, accepted, acceptable, proper, required, necessary or equal in the opinion of the department.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-69 Use of trade names.
Where a certain product is called for by name, it is intended as a guide for type and quality. Other products which the applicant desires to use in place of those specified must be, in the opinion of the department, of equal type and quality. An applicant's desire to use an alternate product must be made in writing to the department 15 days prior to starting construction.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-70—8-4-74 Reserved.
§ 8-4-75 Work defined.
Work. All the work specified in this chapter, or in the plans and specifications, necessary to complete the construction of sanitary sewers and collection systems. (Ord. 90-11, § 10, passed 3-6-90)
Created: 2025‐07‐24 16:43:11 [EST]
(Supp. No. 30)
§ 8-4-76 Detail drawings defined.
Detail drawings. The standard plan drawings as listed and appearing in Subchapter 22. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-77 Interpretation of specifications and detail drawings. (A) Figured dimensions of the detail drawings shall govern , but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts which are shown or specified, or as directed. Full-size details shall take precedence over scale drawings as to shape and details of construction.
This chapter shall govern as to material.
(B) Scale drawings, full-size details and specifications are intended to be fully cooperative and to agree, but should any discrepancy or apparent difference occur between plans and specifications, or should error occur in the works of others affecting the work, the applicant shall notify the department at once. If the applicant proceeds with the work affected without instructions from the department, they shall be fully responsible for any resultant damage or defect.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-78 Sanitary sewer collection system defined.
The term sanitary sewer collection system means sewer piping or appurtenances or any part thereof which serves one or more buildings and which is located in any area where the director of community development has jurisdiction of any construction or land use.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-79 Fittings.
Wherever the word pipe is used, it shall include fittings of a like type as the pipe. (Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-80—8-4-84 Reserved.
§ 8-4-85 Material and equipment drawings.
(A) Fabricated materials or equipment to be incorporated in the work shall be approved by the department.
The applicant shall obtain and check manufacturer's shop drawings and other pertinent data for conformance with all requirements of this chapter and the drawings and specifications. (B) After completion of such checking and verification, the applicant shall submit the shop drawings and pertinent data to the department for approval. The drawings and data shall be in such detail as the department may require for information as to the design, installation and operation of such items and their compliance with this chapter and the plans and specifications. (C) The department shall have ten days from the date of receipt of such shop drawings to approve or reject the drawings.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-86 Conformity with plans and allowable deviation. (A) Finished surfaces in all cases shall conform with the lines, grades, cross sections and dimensions shown on the approved plans.
(B) Deviations from the approved plans as may be required by the exigencies of construction will be determined in all cases by the department and authorized in writing. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-87 Furnishing of construction water.
Water used for construction and testing shall be arranged for and furnished by the applicant at his expense. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-88 Connection to existing district facilities.
The applicant may not make a connection to existing district facilities or interrupt sanitary sewer service in any portion of the district until the proper procedures have been followed and the district has approved and scheduled the connection.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-89 Liability of city employees.
Neither the director of community development, the department nor any other officer or authorized assistant or agent of the department shall be personally responsible for any liability arising out of the work performed.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-90—8-4-94 Reserved.
§ 8-4-95 Responsibility for damage.
The department shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any material or equipment used in performing the work, or for injury or damage to any person, either workers or the public, or for damages to adjoining property from any cause whatsoever during the progress of the work or at any time. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-96 Responsibilities of permittee.
The applicant shall keep himself fully informed of all laws, ordinances and regulations which in any manner affect those engaged or employed in the work or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority
over the work. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or other documents in relation to any such law, ordinance, regulation, order or decree, the applicant shall forthwith report the discrepancy or inconsistency to the department in writing. The applicant shall at the time observe and comply with and shall cause all of their agents and employees to observe and comply with all such existing and future laws, ordinances, resolutions, regulations, orders and decrees, and shall protect and indemnify the city, the city council and the director of community development, and all of their officers and agents, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by themself or their employees.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-97—8-4-106 Reserved.
SUBCHAPTER 4. SPECIAL INSPECTOR
§ 8-4-107 Definition; duties.
For purposes of this chapter, the term "special inspector" shall mean a person employed by the applicant to inspect the work described in this chapter, who shall be present at the job site at all times during the installation of this work. They shall keep daily records of all work performed and shall submit these records to the department not later than the first day of every month, at the completion of the work, or at any time when requested by the department. These reports shall be approved by a qualified and licensed engineer prior to submittal to the department. The final approval of all work shall be by the department. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-108 Appointment and removal.
All special inspectors shall be examined and approved by the department prior to the starting of any work and shall be subject to supervision by the department at all times. The department shall have the authority to have any such inspector removed from inspection duties and reserves the right to reject any or all inspection reports when in the opinion of the department good and sufficient cause exists for such action. The decision of the department shall be final. If such action becomes necessary, the applicant shall furnish or submit a replacement special inspector for approval by the department.
(Ord. 90-11, § 10, passed 3-6-90)
8-4-109 Department election to inspect.
In the absence of any approved special inspector from the job site, the department may elect that the work be inspected by personnel from the department and charge the applicant for such inspection work at the same rate as prescribed in § 8-4-5, pertaining to inspection fees, for supervision. (Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-110—8-4-119 Reserved.
SUBCHAPTER 5. CONTROL OF MATERIALS
§ 8-4-120 Samples and tests.
(A) At the option of the department, the source of supp ly of each of the materials shall be approved by the department before the delivery is started and before such material is used in the work. (B) All tests of materials fu rnished by the applicant shall be made in accordance with the commonly recognized standards of national technical organizations and such special methods and tests as are prescribed in this chapter.
(C) The applicant shall furnish to the department, in triplicate, certified copies of all requested factory and mill test reports. Any materials shipped by the applicant from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the department shall not be incorporated in the work, unless the department shall have notified the applicant in writing that such testing and inspection will not be required.
(D) The applicant shall furnish and deliv er to the laboratory such samples of materials as are requested by the department without charge. No material shall be used until it has been approved by the department.
Samples will be secured and tested whenever necessary to determine the quality of the material. All laboratory testing fees are to be paid by the applicant. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-121 Defective materials.
All materials not conforming to this chapter shall be considered defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the department. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the department.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-122—8-4-131 Reserved.
SUBCHAPTER 6. VITRIFIED CLAY PIPE
§ 8-4-132 General standards.
All vitrified clay pipe and fittings shall be of one class designated "extra strength," of the best quality, vitrified, homogenous in structure, thoroughly burned throughout their entire thickness, impervious to moisture, sound, and free from cracks, checks, blisters, broken extremities or other imperfections, and must give a metallic ring when struck with a hammer. Pipe shall be bell-and-spigot pipe unless otherwise approved. Pipe ends shall be square with the longitudinal axis, and sockets shall be true, circular and concentric with the barrel of the pipe. The thickness of the shell, the depth of the socket and the dimension of the annular space shall be within the limits of permissible variation to dimension standards of the specifications of the Clay Pipe Institute, 2600 Wilshire Boulevard, Los Angeles, California 90057, and to the applicable provisions of ASTM designation C-200, for the size of pipe indicated on the plans. All pipe and special fittings shall comply with the applicable provisions of the vitrified clay pipe specifications of the Clay Pipe Institute in respect to the hydrostatic pressure test, size, shape and three-edge bearing load test and all other requirements of such specifications. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-133 Identification marks.
All pipe or fittings shall be clearly marked with the name of the manufacturer or with a trademark of a size and type which has been approved by and filed with the department. (Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-134 Tests generally.
(A) Before being used in any work under this chapter, pipe shall be subjected to and shall meet the requirements of the hydrostatic pressure test and loading test specified in this subchapter. These tests shall be made by the applicant and shall be witnessed by a reputable testing laboratory. The applicant shall deliver the pipe selected for testing to the place and at the time designated by the testing laboratory. All costs of furnishing, transporting and handling the pipe for testing and conducting the tests shall be borne by the applicant. In lieu of witnessing by a testing laboratory, the applicant may furnish a certified statement from the pipe manufacturer stating that all prescribed tests have been made and that pipe to be used on the project has met all requirements of this chapter.
(B) The testing laboratory shall select at random for te sting as specified in this subchapter up to 2% of the number of pipes in each size of pipe furnished, except that in no case shall less than five specimens be tested.
(C) The specimens selected for testin g purposes shall be sound pipe having dimensions consistent with this chapter. The lots from which the test samples are taken shall be sufficient to fill the entire order for that size of pipe used in the work under permit, and if they pass the tests shall be so designated and marked. (D) All pipe shall be subject to inspection at the factory, trench or other point of delivery by the department. The purpose of the inspection shall be to cull and reject any pipe that, independent of the physical tests specified in this section, fail to conform to the requirements of this chapter, or that may have been damaged during transportation or in subsequent handling.
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-135 Hydrostatic test.
(A) In lieu of the standard ASTM absorption test, the follo wing hydrostatic pressure test shall be substituted. (B) The hydrostatic pressure test shall precede the loading test by not less than one hour and not more than three hours and shall be applied to all the specimens received for test in each size of pipe. (C) When subjected to an internal hydrostatic pressure often pounds per square inch for the time specified in this division (C), the accumulated moisture on the exterior surface of the pipe shall not run down the sides in such quantity that it will exceed ten milliliters.
Thickness of Barrel
( i n c h e s )
Minimum Testing Time
(minutes)
Up to and including 1 7
Over 1 and including 1½ 9
Over 1½ and including 2 12
Over 2 and including 2½ 15
Over 2½ and including 3 18
Over 3 21
(Ord. 90-11, § 10, passed 3-6-90)
§ 8-4-136 Loading test.
(A)(1) The loading test shall be the three-edge bearing. The loading tests shall conform to the applicable provisions of ASTM designation C-301, and shall be applied to all specimens selected for testing, except that loading to test ultimate strength will not be required.
(2) Pipe shall withstand the following loads:
Nominal
Pipe Size
Minimum Test Loads
(pounds per linear foot)
4, 6 and 8 2,000
10 2,200
12 2,600
15 3,100
18 3,600
21 4,200
24 4,800
27 5,200
30 5,500
33 5,800
36 6,300
39 6,600
42 7,000
(B) The net inside length of the pipe from the bottom of the socket to the spigot end of the pipe shall be used as the divisor to calculate the load per linear foot.
(Ord. 90-11, § 10, passed 3-6-90)
§§ 8-4-137—8-4-141 Reserved.
§ 8-4-142 Acceptance or rejection of result of test.
(A) If all or the minimum designated percentage or num ber of the specimens tested meets the requirements of the test, then all of the pipe in the lot, shipment or delivery corresponding to the sizes and classes so tested shall be considered as complying with the test. If, however, 10% or more of the specimens tested fail to meet the requirements of the test, or if more than one specimen fails to meet the requirements of the test when the number to be tested is less than ten, then a second selection of pipe shall be made for that test. The number of specimens to be tested in the second selection of pipe shall be five for each specimen of the first selection that failed to meet the requirements.
(B) If 90% of the specimens tested, incl uding those first tested, meet the requirements of the test, all the pipe in the lot, shipment or delivery corresponding to the sizes and classes so tested shall be considered as complying with that test; otherwise all pipe of these sizes and classes shall be rejected. (Ord. 90-11, § 10, passed 3-6-90)