EXHIBIT “A” TO ORDINANCE NO. 1813
Section 1. Section 15.04.010 is amended to read in its entirety as follows:
15.04.010 Building Official —Appointment.
The City Manager shall, with the approval of the City Council, appoint a Building Official for the City.
Section 2. Section 15.04.020 is amended to read in its entirety as follows:
15.04.020 Building Official —Powers and duties.
General:
The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and to make all inspections pursuant to such enforcement powers. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to enforce rules and supplemental regulations, policies, and procedures in order to clarify the application of its provisions. Such interpretations, rules, and supplemental regulations, policies, and procedures shall be in conformance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code. The Building Official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. The Building Official shall classify every building, or portion thereof, into one of the occupancies set forth in this Code according to its use or the character of its occupancy. The Building Official shall also classify every building into one of the types of construction as set forth in this Code.
Applications and Permits:
The Building Official shall receive applications, review construction documents and issue permits for the erection, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.
Inspections:
The Building Official shall make all of the required inspections, and the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the City purchasing policy.
Emergency Powers:
1. Where the Building Official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the Building Official or their designee may exercise any or all of the following powers in accordance with this chapter or the California Health and Safety Code (HSC), Sections 17910 to 17998.3 :
a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals; b. Post the premises as unsafe, restricted use or dangerous, with a placard consistent with the most recent version on the Applied Technology website and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter or restricted use is rescinded in writing; c. Board, fence or secure the building, or structure, or the premises; d. Raze and grade any portion of the building, structure, or site that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare; e. Make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard; f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative; or g. Take any other action as appropriate under the circumstances.
2. The Building Official or their designee shall comply with the following provisions when exercising emergency powers:
a. In determining the existence of an imminent life safety hazard, the Building Official or their designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard. b. The Building Official or their designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists and to the City Manager. If the Building Official or their designee determines that, under the circumstances, notice cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice, but notice shall be given as soon as practicable thereafter. c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare shall be determined by the Building Official or their designee.
3. The Building Official or their designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.
Section 3. Section 15.04.030 is amended to read in its entirety as follows:
15.04.030 Certification of compliance with applicable declarations of covenants, conditions and restrictions (CC&Rs).
A. General:
1.Prior to the issuance of a building permit for any new residential structure, or for any addition, alteration, remodel, or other modification to an existing residential structure that affects or modifies the exterior appearance of the structure, the applicant shall be required to certify, on a form approved by the Building Official, that the proposed construction complies with any applicable CC&Rs. This requirement shall also apply to any proposed work within a condominium or common-interest development that occurs outside of the applicant’s individually owned airspace or exclusive use area.
2. In addition, for any interior improvement, alteration, or modification to a residential unit that is part of an attached or common-interest development subject to CC&Rs, the applicant shall similarly be required to certify that the proposed work has been reviewed and approved by the applicable homeowners’ association (as defined in Section 4080 of the California Civil Code) prior to permit issuance.
3. This certification requirement shall not apply to interior improvements to detached single-family residences that do not affect the exterior appearance of the structure.
4. Except as provided in subsection B of this section, when the approval of a homeowners' association is required for such proposed construction under the CC&Rs, the applicant shall also provide to the Building Official a document signed by an authorized representative of the association stating that such approval has been obtained and identifying the plans in sufficient detail to enable the Building Official to verify that the plans approved by the association are substantially the same as the plans being reviewed by the City. If the plans being reviewed by the City are substantially revised after the date that the applicant submits the required certification and association approval, the applicant shall resubmit such certification and, if required, such approval on the basis of revised plans. The Building Official may, but shall have no duty to require the building permit applicant to submit supporting information and to investigate the surrounding facts and circumstances to determine if the applicant's certification is correct and the authorization is valid.
B. Exceptions
Notwithstanding the provisions of subsection, A of this section, no building permit shall be denied on the basis of the applicant's failure to meet any of the requirements in subsection A of this section in any of the following circumstances:
1. A permit application for any of the following types of permits: (1) solar energy system (as defined in Section 801.5(a) of the California Civil Code): (2) accessory dwelling units (ADUs) (as defined in Government Code Section 65852.2, subdivision (i)); (3) telecommunications facilities (as defined in 47 C.F.R Section 1.6100 (b) (7), implementing 47 U.S.C. Section 1455); or (4) electric vehicle charging stations (as defined in Government Code Section 65850.7, subdivision (i)). When any of these exceptions apply, the Building Official shall provide notice to the applicable association advising that the City has approved the permit.
2. The City would be legally prohibited by applicable federal or state law from adopting or enforcing its own ordinances, rules or regulations to prohibit the construction or use proposed;
3. The applicant certifies that the proposed development does not violate any express provisions in applicable CC&Rs, but the applicant is unable to obtain the approval or signature of an authorized representative of the association because (a) the association is not active at the time approval is being sought, or (b) the association fails or refuses to meet, take final action upon, or report in writing regarding such action within one hundred eighty (180) days after the application for approval is submitted.
C. It is not the intent of the City Council by the adoption of the ordinance codified in this section to create a mandatory duty to any person to protect against the risk of any particular kind of injury.
Section 4. Section 15.04.040 is amended to read in its entirety as follows:
15.04.040 Requirements for sanitary facilities in connection with the construction of buildings.
A. General
No person shall commence or proceed with any construction work unless before commencing or proceeding with such work adequate and suitable sanitary facilities are provided for the use of persons employed on such work. The sanitary facilities provided shall be located upon the site upon which such work is being done, or in case it is impractical to locate such facilities upon the site, such sanitary facilities shall be located not more than two hundred fifty (250) feet from the site of the work. One (1) sanitary facility shall be provided for each twenty (20) persons or fraction thereof employed upon the work site.
B. Standards
Sanitary facilities required under subsection A above shall meet the following standards:
Toilet facilities shall provide a minimum area of eight (8) square feet, with a minimum width of two and one-half (2 ½ ) feet for each toilet seat. A minimum area of ten (10) square feet, with a minimum width of two and one-half (2 ½ ) feet, shall be required when a urinal is included. Sufficient additional space shall be included if handwashing facilities are within the facility.
Units housing toilet and handwashing facilities shall be rigidly constructed and their inside surfaces shall be of nonabsorbent material, smooth and readily cleanable.
Units housing toilet and handwashing facilities shall be ventilated and provided with self-closing doors, lockable from the inside and shall be securely locked from the outside when construction is not actively occurring.
Section 5. Section 15.04.050 is amended to read in its entirety as follows:
15.04.050 Correction Notice.
A. Definitions.
"Code Enforcement Officer" shall mean those City officials authorized by the City Manager to enforce provisions of this Code. "Correction period" shall mean the period commencing with the Code Enforcement Officer's issuance of a correction notice and terminating fifteen (15) days thereafter. "Responsible party" shall mean, jointly and severally, the owner of any real property and/or tenant, subtenant, lessee, sublessee, assignee or other person or entity with the right of use or occupancy of the property who maintains, allows, permits, causes to be maintained, allowed, or permitted, or aids or abets the maintenance of any violation of Chapters 15.05 15.08, 15.11 15.12, 15.13, 15.14 15.16, 15.17, 15.18, 15.20, 15.22, or 15.23 of this Code on the real property.
B. General Penalty- Administrative Fines
The Community Development Director or their designee shall have the authority to issue a written correction notice to any responsible party whose property does not comply with the requirements of Chapters 15.05 15.08, 15.11 15.12, 15.13, 15.14, 15.16, 15.17, 15.18, 15.20, 15.22 or 15.23 of this Code. Such written correction notice shall reference the specific nonconformity and shall state that, if the nonconformity is not remedied within the correction period, the responsible party shall be subject to the provisions of SCMC Chapter 1.16 and Chapter 1.20.
C. Procedure.
Nothing in this section shall be construed to limit the authority of the City to take civil or penal action against any responsible party determined to be in violation of any City, state or federal law, rule, ordinance, resolution or regulation.
Section 6. Section 15.04.060 is amended to read in its entirety as follows:
15.04.060 Board of Appeal.
A. General
The Planning Commission for the City of San Clemente shall serve as the Board of Appeals for purposes of:
Hearing appeals of orders, decisions or determinations of the Building Official, as set forth in the California Building Code, relative to the application of the, Building, Residential, Wildland-Urban Interface, Energy, Green Building, Administrative, Housing, Electrical, Plumbing, Abatement of Dangerous Buildings, Historical, Existing Building and Mechanical Codes adopted by the City; and Hearing appeals submitted pursuant to SCMC chapters 1.20 and 1.22.
Section 7. Section 15.04.070 is amended to read in its entirety as follows:
15.04.070 Site stability requirements.
A. Applicability.
The requirements of this section shall not apply to development located entirely outside an imaginary plane extending upward and inward at a ratio of three horizontal to one vertical (3:1) from the toe of a slope adjacent to the subject property. The imaginary plane shall extend from the toe of slope toward the subject property and shall apply only to the property adjacent to the slope.
Development located outside of these areas shall be presumed not to pose slope stability concerns and shall not be subject to the requirements of this section. Notwithstanding the above, the City Engineer may require the application of this section where substantial evidence demonstrates that proposed development is located on, adjacent to, or within the zone of influence of a slope and does present a risk to slope stability.
B. Permit Issuance
The Building Official shall not issue a permit for the following unless the applicant demonstrates to the satisfaction of the Building Official that the land beneath and in the immediate vicinity of the building or structure upon which the development is proposed will, after the work for which a permit is sought, meet either subsection (C)(1) or (C)(2), below. The Building Official may waive this requirement for trellises, fences, free standing walls, glass windscreens, decks, flag poles and similar minor structures that, in the determination of the Building Official, do not pose a risk to slope stability.
1. The construction of a new building or structure,
2. The placement of a new building or structure on a permanent foundation,
3. The alteration of, or any addition to, the first story or basement of an existing building, including the addition of any footings/foundations on the property, or
4.The construction of, or alteration to any structure intended to increase the slope stability of any land or existing building.
C. Requirements.
1. The minimum stability requirements stated in the San Clemente Grading Manual, Appendix F (i.e., a slope stability factor of safety of at least 1.5 for static loads and 1.1 for pseudostatic loads) (herein, the "Minimum Factor of Safety"), or
2. Alternative stability requirements as may be approved by the City Engineer. a. In addition, as a condition to the issuance of a permit that utilizes alternative slope stability requirements rather than the Minimum Factor of Safety, the applicant shall be required to record or cause to be recorded against the property for which the permit is being issued a covenant in favor of the City of San Clemente (herein, the "Covenant") that shall do all of the following:
i. acknowledge that the development will not achieve the Minimum Factor of Safety; ii. covenant to implement and perform all mitigation measures that may be imposed on the issuance of the permit to achieve the highest slope stability factor of safety the Building Official, after consulting with the City Engineer, determines is feasible; iii. waive and release any claims and causes of action against the City of San Clemente and its officials, employees, and agents (collectively, the "City Parties") arising out of the development that are proximately caused by the fact that the development will not or does not achieve the Minimum Factor of Safety; iv. indemnify, defend, and hold harmless the City Parties from and against any claims, liabilities, losses, damages, costs (including attorney and expert fees) for personal injury or death, property damage, economic loss, or other damages or losses of any kind arising out of the development and based on the assertion that the development will not or does not achieve the Minimum Factor of Safety; v. acknowledge that the City does not intend by adopting this Section 15.040.070 or by issuing, administering, or enforcing the permit approving the development to protect any person against the risk of a particular kind of injury within the meaning of California Government Code Section 815.6, nor to create any liability of the City to such person for failing to discharge any actual or alleged duty to such person that might otherwise exist; vi. agree that the Covenant shall run with the land in favor of the City and shall be binding upon all future owners of the property for which the permit is issued; and vii. otherwise be in form and content acceptable to the City Attorney.
No permit shall be issued if there is a reasonable probability that the proposed project will cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life.