A. Amend Chapter 1, Division II, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Building Code of The City of San Luis Obispo, hereinafter referred to as “this code.”
B. Amend Chapter 1, Division II, Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
C. Add Chapter 1, Division II, Section 104.10.2 to read as follows:
104.10.2 Alternate Means and Methods Fee. When a request for approval of an Alternate Means and Methods is proposed under Section 104.10, an Alternate Means and Methods fee shall be paid at the time of submitting the documents for review. Said fee shall be in accordance with the schedule as established by the applicable governing authority.
D. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to apply the building ordinances of the City of San Luis Obispo and those building regulations mandated by State law to be enforced by the local agency to buildings and structures containing one or more airspace lots as defined in this code so as to treat the entirety of such buildings or structures as if they were on or within a single lot, provided:
1. That such buildings or structures or portions thereof would otherwise conform to such ordinances and regulations, but for the creation of such airspace lots; and
2. That a covenant agreement, in a form designed to run with the land and satisfactory to the Community Development Director, be recorded with the Office of County Recorder and a copy filed with the Community Development Department by the owners binding themselves and future owners and assigns to keep, preserve and maintain all portions of such buildings or structures in accordance with and pursuant to such building ordinances and regulations.
E. Amend Chapter 1, Division II, Section 105.2, Building items 1, 2 and 5 to read as follows:
Work exempt from permit.
Building:
1. One-story detached accessory structures associated with an R-3 occupancy building used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2). Maximum building height shall be 12 ft. above grade to highest point of structure. Such structure must comply with all provision of Title 17 of the Municipal Code. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.
2. Fences not over 6 feet high constructed of conventional lightweight materials including wood, vinyl, and wrought iron.
5. A water tank or a group of water tanks intended for storage of irrigation water only supported directly on grade if the capacity does not exceed 600 gallons in total on a parcel, the height does not exceed seven feet, and the ratio of height to width does not exceed 2:1 (provided that water tanks with minor ratio deviances may be allowed under this section in the discretion of the Chief Building Official, subject to review of the deviation by the Chief Building Official and verification that such minor deviations do not adversely impact structural stability), and it is not visible from the public right-of way that abuts the front yard.
F. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee if additional review by the City is necessary. An application for a permit that is abandoned after adoption of new mandatory building codes by the State may not be extended and must comply with the new regulations.
G. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing authority.
105.3.3.1 Retaining Walls. Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.
105.3.3.2 Separate Fees. The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.
105.3.3.3 Incomplete Submittals. Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing authority.
H. Amend Chapter 1, Division II, Section 105.5 to read as follows:
105.5.1 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. Work shall be deemed abandoned if an inspection required to be performed under the work authorized by the permit is not approved within 12 months of the most recent prior approved inspection. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A permit that is abandoned after adoption of new mandatory building codes by the State may not be extended and must be submitted for review to comply with the new regulations.
105.5.2 Code Violations Expiration. Permits issued to correct code violations pursuant to a code enforcement case shall be valid for a period of 90 days. Extensions to the permit may be granted at the discretion of the building official. Performance or approval of a required inspection will not automatically extend the permit.
I. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105.7 Placement and Posting of Permit. A copy of the issued job posting card shall be displayed on the construction site within 20 feet of the curb and shall be visible and accessible to the public from the public right of way until completion of the project.
J. Amend Chapter 1, Division II, Section 109.4 to read as follows:
109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation fee. Special Investigation fees are equal to 100% of the normally established permit fee and are in addition thereto, unless a lessor amount is determined to be appropriate by the building official. The building official may waive all or a portion of the special investigation fee in the following cases:
1. Where a property owner inherits unpermitted construction through the purchase of a property and voluntarily seeks a permit following initial discovery or notification of the violation.
2. When a property owner commences emergency repairs to protect life or property without first obtaining a permit during an emergency situation such as a natural disaster or severe weather conditions, provided that the property owner obtains a permit for such repairs as soon as practicable thereafter and no enforcement action is required.
3. In other cases where the building official determines that unpermitted work did not result from an intent to avoid compliance with building codes or permit requirements.
K. Add Chapter 1, Division II, Sections 109.4.1 to read as follows:
109.4.1 Code Enforcement Investigation Fee. When work requiring a permit is discovered and through the investigation of the Code Enforcement Division a person obtains the necessary permits to correct the work performed, a Code Enforcement Fee will be required at a rate established by the applicable governing authority. This fee is in addition to the Special Investigation Fee.
L. Add Chapter 1, Division II, Section 111.3.1 to read as follows:
111.3.1 Temporary Certificate of Occupancy Fee. When an applicant wishes to receive permission to occupy a structure and they have not completed the work required under their permit and they request a temporary certificate of occupancy for limited use of the building, a fee shall be required for preparation of the agreement and certificate for the limited use of the building. Such fee shall be set at a rate established by the applicable governing authority. Additional inspections required to verify compliance with the temporary occupancy shall be required to be paid in advance at the current hourly inspection rate.
M. Add Chapter 1, Division II, Sections 112.4 and 112.5 to read as follows:
112.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be by underground wiring.
Exceptions:
1. A building located in residential or conservation/open space zone established by the jurisdiction’s zoning regulations, provided that there are existing buildings on the property that are served by overhead connection lines.
2. Replacement or relocation of electric service equipment served by existing overhead wiring.
3. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.
Where the utility or other company’s distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company’s distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3, occupancies shall provide a space adequate in size to store and screen all solid waste (trash, recycling and green waste) containers when viewed from the public right-of-way. The storage area shall have minimum dimensions of 3 feet (914 mm) by 8 feet (2,438 mm) or 6 feet (1829 mm) by 6 feet (1829 mm) and shall not conflict with required parking spaces. If the storage area is located in the front yard setback established by other ordinances, the storage area shall be screened by a fence, partition or other enclosure in compliance with maximum height limitations. In no case shall a partition or enclosure required by this section be less than 48 inches (1219 mm) above adjacent grade.
N. Amend Chapter 1, Division II, Section 113 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official, code official or fire code official relative to the application and interpretations of the California Building Standards Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the Local Accessibility Appeals Board referenced in the California Building Standards Code. The building official or fire code official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form or construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five of which who are qualified by experience and training to pass on matters pertaining to building construction and building service equipment, hazards of fire, explosions, hazardous conditions or fire protection systems and are not employees of the jurisdiction. For matters subject to the appeal process referenced in H & S Code 19957.5 paragraph (b) regarding accommodations for persons with physical disabilities, the board of appeals shall include two additional members who shall be persons with disabilities as defined in the California Building Code.
O. Add Chapter 1, Division II, Section 113.5 to read as follows:
113.5 Fees. A fee titled “Appeal of Building Official Decision” or “Access Board of Appeals” shall be collected for appeal of a decision of the building official, code official or fire code official to the appropriate board of appeals.
P. Amend Chapter 1, Division II, Section 116.1 to read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, and the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.
Q. Add the following definitions to Section 202:
Boarding House. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. A boarding house may have only one kitchen or facility for eating and cooking and such facility must be accessible to all residents or guests. See also definition of Congregate Residence.
Lot, Airspace. A division of the space above or below a lot with finite width, length and upper and lower elevation occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, and accessory buildings or portions thereof, or accessory uses. An Airspace lot shall be identified on a final map or a parcel map in the office of the County Recorder with a separate and distinct number or letter. An Airspace lot shall have access to appropriate public rights of way by means of one or more easements or other entitlements to use in a form satisfactory to the Chief Building Official and the City Engineer.
Rainwater Harvesting System. A storm drainage collection system that collects rainwater from the roof area of a structure or structures as recommended by the American Rainwater Catchment System Association (ARCSA) guidelines or an equivalent standard as approved by the Building Official and the San Luis Obispo County Environmental Health Department. See also definition of Rainwater Catchment System.
Subdivision, Airspace. An airspace subdivision shall be as defined in Chapter 16 of the San Luis Obispo Municipal Code.
R. Add Section 602.1.2 to read as follows:
602.1.2 Commercial fire zone. Construction of interior walls, floors, ceilings and partitions as a part of additions or alterations to any existing building or structure located within the commercial fire zone shown in Figure 6-A shall be constructed with 5/8" Type “X” gypsum wallboard or its equivalent regardless of all other lesser minimum requirements to the contrary.
Exception: Buildings protected throughout by an approved automatic fire sprinkler system.
FIGURE 6-A—COMMERCIAL FIRE ZONE
S. Amend Section 705.11 by addition of item 7 to the Exceptions to read as follows:
7. The building is protected throughout by an approved automatic fire sprinkler system.
T. Amend Section 903.1.1 to read as follows:
903.1.1 Minimum Sprinkler Coverage. Unless the fire official approves an alternative automatic fire-extinguishing system complying with section 904, an approved automatic fire sprinkler system shall be installed in accordance with sections 903.1.1.1 through 903.1.1.6:
U. Add Sections 903.1.1.1 through 903.1.1.6 to read as follows:
903.1.1.1 New Buildings. An approved automatic fire sprinkler system shall be installed throughout new buildings.
Exceptions:
1. Buildings containing Groups A, B, E, F, H-4, M, S, and U occupancies where floor area is not more than 1000 square feet (92.9 m2), unless located in the commercial fire zone shown in Figure 6-A.
2. Buildings of non-combustible construction located in the commercial fire zone shown in Figure 6-A containing Groups A, B, E, F, H-4, M, S, and U occupancies where floor area is not more than 1000 square feet (92.9 m2).
3. Buildings located in the commercial fire zone shown in Figure 6-A containing Groups A, B, E, F, H-4, M, S, and U occupancies where floor area is not more than 1000 square feet (92.9 m2) and the building is entirely surrounded by yards or public ways not less than 20 feet (6096 mm) in width.
903.1.1.2 Existing Buildings. An approved automatic fire sprinkler system shall be installed throughout an existing building whenever alterations or additions result in an increase of more than 1000 square feet (92.9 m2) of floor area, including mezzanines or additional stories, or whenever the cost of alterations to an existing building having a floor area of more than 1000 square feet (92.9m2) exceeds 50 percent of the replacement cost of the building as determined by the building official. The cost of alteration and increase in floor area shall include all corresponding data from permits issued to the building for the previous five years.
Exception: Group R, Division 3, and Group U occupancies.
903.1.1.3 Additions. An approved automatic fire sprinkler system shall be installed throughout additions to existing buildings equipped with an automatic fire sprinkler system.
903.1.1.4 Change of Use. An approved automatic fire sprinkler system shall be installed throughout an existing building where there is an occupancy classification change for floor area exceeding 1000 square feet (92.9m2). The provisions of Section 3406.1 shall not eliminate the requirement for an automatic fire sprinkler system.
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3, occupancy, provided the building was constructed before July 7, 1990, and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from an equivalent category as defined in previous editions of this code.
903.1.1.5 Buildings with Plastics. An approved automatic fire sprinkler system shall be installed throughout in buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled.
903.1.1.6 Floor Area Calculation. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls together with the floor area within the horizontal projection of the roof shall be considered as one building.
V. Amend Sections 903.3.1.1 and 903.3.1.1.1 with all locations identified in this section to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section or where a building is considered as mixed occupancy due to the presence of two or more uses that are classified into different occupancy groups, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 35 except as provided in Section 903.3.1.1.1 through 903.3.1.1.3. Sprinkler system designs referenced in Sections 903.3.5.2 and 903.3.8 shall require special approval by the fire code official.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved alternative automatic fire extinguishing system in accordance with Section 904. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance-rated construction or contains electrical equipment.
W. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by a central station service listed by Underwriters Laboratories for receiving fire alarms in accordance with NFPA 72. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.
X. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all buildings two or more stories in height or in single-story buildings having a gross floor area of 10,000 square feet or more zoned into no more than 5,000 square-foot areas for the purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with an automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
Y. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Building Height. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access, or where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access and in any parking structure exceeding one level above or one level below grade.
Z. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code or the California Fire Code shall be monitored by an approved central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.
Exception: Supervisory service is not required for:
1. Single and multiple station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Automatic sprinkler systems in one- and two-family dwellings.
AA. Add Section 910.3.2.1 to read as follows:
910.3.2.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat responsive device rated at least 100 degrees above the operating temperature of the sprinkler heads.
BB. Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building.
Exception: A wood shake or wood shingle system listed as a Class A-rated roof covering.
CC. Amend Section 1612.3 to read:
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for the City of San Luis Obispo” dated May 16, 2017 (Revised), as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
DD. Add Section 1804.4.2 to read as follows:
1804.4.2 Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Drainage systems necessary shall be adequate to prevent water from entering and accumulating under the building. Drainage water from improvements and land contour changes shall not drain onto or across adjacent properties except in recorded drainage easements or natural waterways.
EE. Add Section 1809.7.1 to read as follows:
1809.7.1 Depth of isolated footings. Isolated footings and piers, exterior of perimeter foundation, shall have a minimum depth of 24 inches (609.6 mm) below the lowest adjacent natural undisturbed grade.
FF. Modify Table 1809.7 to read as follows:
Table 1809.7. FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION abcdeh
aDepth of footings shall be in accordance with Section 1809.4.
bThe ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
cInterior stud bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice the width shown in this table and the footings shall be spaced not more than 6 feet on center.
dSee section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
eFor thickness of foundation walls see section 1807.1.6.
fFootings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roofs only shall be as required for supporting one floor. Slabs supported on grade need not be considered a floor for purposes of footing depths and widths.
gPlain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick.
hA grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.
GG. Amend Section 1907 to read as follows:
1907.1 General. The thickness of concrete floor slabs supported directly on the ground shall be not less than 4 inches (101.6 mm). Concrete floor slabs shall be underlain with a minimum of 4 inches (101.6 mm) of clean granular material. A 6-mil (0.006 inch; 0.15 mm) polyethylene vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the base course or subgrade and the concrete floor slab, or other approved equivalent methods or materials shall be used to retard vapor transmission through the floor slab.
Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5 m2) and carports attached to occupancies in Group R-3.
3. For buildings or other occupancies where migration of moisture through the slab from below will not be detrimental to the intended occupancy of the building.
4. For driveways, walks, patios and other flatwork which will not be enclosed at a later date.
5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No. 3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab thickness. Slab reinforcement shall extend to within 2 inches (50.8 mm) of the exterior edge of slabs.
1907.3 Slab to foundation connection. Tie bar reinforcing between slabs on grade and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center, placed in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and tied to the slab reinforcing.
Exception: Floating slabs justified by an engineered design.
1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be maintained until slabs are poured. Soils under slabs shall be tested for moisture content and slabs shall be poured within 24 hours of obtaining the required moisture content. The area under raised floors need not be premoistened.
1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps, planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8 mm) in thickness.
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed around all edges and pipe penetrations.
HH. Add Sections 3109.3 through 3109.5 to read as follows:
3109.3 Access to pool. Pools shall be accessible by means of ladders or steps. There shall be not less than one such access for each 300 square feet (27.87 m2) of pool area equally distributed around the perimeter.
3109.4 Lighting. Pools shall be equipped with artificial lighting adequate to illuminate all underwater areas.
3109.5 Abandoned pools. A pool that is not used, is neglected, and is a hazard to health and safety, shall be filled to the satisfaction of the building official. Before filling, holes shall be made in the bottom of the pool to insure proper drainage. Abandoned pools determined to be unsafe by the building official shall be abated in accordance with the International Property Maintenance Code.
II. Amend Appendix Section G103.2 to read as follows:
G103.2 Establishment of flood hazard areas. Flood hazard areas are established in the current edition of the City of San Luis Obispo’s Flood Insurance Rate Maps. All construction work within designated flood hazard areas shall comply with the Floodplain Management Regulations contained in San Luis Obispo Municipal Code Section 17.78.
For the enforcement provisions of this appendix for flood resistant construction under the purview of the City Engineer, Building Official may mean City Engineer.
JJ. Amend the title of Appendix Section G109 to read as:
BUILDINGS AND MANUFACTURED HOMES
KK. Amend Appendix Section G109.1 to read as follows:
G109.1 Elevation. All new and replacement buildings and/or manufactured homes to be built, placed or substantially improved within a flood hazard area shall comply with the Floodplain Management Regulations contained in San Luis Obispo Municipal Code Section 17.78.
LL. Amend Appendix Section G114.3 to read as follows:
G114.3 Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings or structures, shall comply with the Floodplain Management Regulations contained in San Luis Obispo Municipal Code Section 17.78.
MM. Amend Appendix Section G114.6 to read as follows:
G114.6 Protection of mechanical and electrical systems. New or replacement electrical equipment, heating, ventilating, air conditioning, and other service facilities shall be either protected or elevated to at least 1 foot above base flood elevation in conformance to San Luis Obispo Municipal Code Section 17.78. Sewer laterals shall be protected with backwater valves where the finish floor of the structure is located less than 1' above the BFE at the next upstream sewer manhole.
NN. Amend Appendix Section J101.1 to read as follows:
J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills, embankments, and work within waterways. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. This appendix recognizes the importance of the waterways of the city and the need to regulate all changes to these waterways.
For the enforcement provisions of this appendix for grading in new subdivisions under the purview of the City Engineer, building official shall mean city engineer.
OO. Add Appendix Sections J101.3 through J101.7 to read as follows:
J101.3 Hazardous conditions. Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.
J101.4 Dust control. All graded surfaces shall be wetted, protected or contained in such manner as to prevent dust or spill upon any adjoining property or street.
J101.5 Emergency grading. The building official may authorize emergency grading operations upon any site when necessary for the protection of the public health, safety and welfare. Other city departments may take emergency action necessary to protect public facilities.
J101.6 Special grading standards. The topography of a site proposed for development shall remain substantially in its natural state. Mass recontouring shall not be allowed. In all cases the average cross slope of a site shall be determined prior to any grading operations or approval of any grading plan. Where a site does not slope uniformly, the building official or city engineer shall determine average cross slope by proportional weighting of the cross slopes of uniformly sloping subareas. The percentage of the site, exclusive of building area, to remain in its natural state shall be in accordance with Table J101.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a tentative subdivision map, development proposal, or similar entitlement consistent with General Plan policies and other hillside standards is not subject to the specific grading limitations noted in this section.
J101.7 Approval for building construction. Prior to commencement of any building construction, pursuant to a building permit for the graded site, a benchmark shall be provided to verify that the building site is graded in conformance with the approved grading plan. No building construction shall be started until the building official or city engineer has verified that the rough grading conforms to the approved plan, including any interim or permanent erosion control measures deemed necessary.
PP. Amend Appendix Section J102 by addition of the following definitions:
AVERAGE CROSS SLOPE shall mean the ratio, expressed as a percentage, of the vertical difference in elevation to the horizontal distance between two points on the perimeter of the area, with the line connecting the two points being essentially perpendicular to the contours between the two points. Different portions of any area may have different average cross slopes.
WATERWAY shall mean a well-defined natural or manmade channel, creek, river, lake or swale that conveys surface water, storm runoff, or other natural drainage either year-round or intermittently.
QQ. Amend Appendix Section J103 to read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the building official. A grading permit does not include the construction of retaining walls or other structures. A grading permit shall be required for all work within any waterway, including, but not limited to, earthwork, construction of drainage devices or erosion control devices, removal of vegetation and modifications of banks and the bottom of the waterway which may in the natural course of events lead to changes in flow characteristics. A grading permit shall be required for all work that will create a stockpile of any earth material, subject to the surety bond required by Section J103.4 to guarantee restoration of the site to a natural or other condition acceptable to the building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design professional.
8. An excavation which does not exceed fifty cubic yards and (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.
10. Routine streambed silt removal and vegetation control approved by the City Engineer.
Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
J103.3 Early grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless:
1. A tentative minor subdivision or tract map, use permit, architectural review commission project approval or similar authorization has been granted; and
2. Related street and utility grades have been established; and
3. A surety bond in accordance with Section J103.4 is deposited to guarantee restoration of the site to a natural or other condition acceptable to the building official should the project not proceed to completion.
J103.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.
The city engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.
RR. Amend Appendix Section J104.2 to read as follows:
J104.2 Site plan requirements. In addition to the provisions of Appendix Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. The plans shall show existing drainage conditions and drainage devices and all proposed changes thereto. The plans shall include the location and dimension of all trees on the site which are 3 inches (76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above ground level, trees to be removed and trees to remain. A preservation plan shall be submitted for all trees to remain. The plans shall indicate where excess material, rocks, or rubble will be disposed of.
SS. Amend Appendix Section J110.1 to read as follows:
J110.1 General. All disturbed surfaces shall be prepared and maintained to control erosion.
Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resistant character of the materials.
Erosion control shall be installed as soon as practicable and prior to calling for final inspection. Erosion control plantings shall be established in accordance with City Engineering Standards and/or to the satisfaction of the Building Official.
