Sections 105.1.1 and 105.1.2 are hereby deleted.
Section 105.2 Work exempt from permits is hereby revised by amending numbers 2, 4, 9, and adding 14 to read as follows:
2. | Masonry or concrete fences not over 3 feet (1,829 mm) in height measured from the lowest adjacent finish grade. |
4. | Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge, supporting a sloped backfill with a slope greater than 2:1 or impounding flammable Class I, II, or III-A liquids. |
9. | Prefabricated swimming pools that are less than 18" deep, do not exceed 5,000 gallons and are installed entirely above ground. |
14. | Wrought Iron, wood, vinyl or chain link fences not over six (6) feet high measured from the lowest adjacent finish grade. |
Section 105.3.1 Action on application is hereby amended by adding the additional paragraphs to read as follows:
When plans or other data are required to be submitted by Section 105.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The amount of the plan review fee shall be as established by resolution adopted by the City Council.
When submittal documents for plan review are incomplete or modified so as to require additional plan review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.
Section 105.3.2 Time limitation of applications is hereby amended to read as follows:
105.3.2 Time limitation of applications. An application for which no permit is issued within 180 days following the date of application shall automatically expire, unless such application has been pursued in good faith or a permit has been issued. The plans and other data submitted for 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 receiving a written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the Building Official for additional periods not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.
An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision whether to grant an extension shall be based upon the merits of the written request for the extension. Payment of the application fee shall not automatically grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.
Section 105.5 Expiration is hereby amended to read as follows:
Time Limitation of an issued permit. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is abandoned for a period of 180 days after the time the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain approval of a required inspection as specified in this code, or obtaining a successful inspection as defined in City ordinance within a 180 day time period. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and payment of a non-refundable application fee. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision whether to grant an extension shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee shall be charged when the extension request is received prior to the permit expiration. Payment of the application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.
Section 105.8 Time limitation of a permit that is the result of code enforcement action or unpermitted construction is hereby added to read as follows:
105.8 Time limitation of a permit that is the result of code enforcement action or unpermitted construction. Notwithstanding any provision of the California Building Standards Codes or any other provision of the Yorba Linda Municipal Code; permits issued to remedy a code enforcement notice, administrative citation or other unlawful, unpermitted, substandard, or hazardous condition shall become invalid unless the work on the site authorized by such permit is commenced and the first inspection is received within 30 days after its issuance, or as directed in the notice of violation. Said permit shall expire and become null and void 90 days after its issuance if final inspection has not been obtained. The Building Official may extend the permit for a period not exceeding ninety 90 days upon written request by the applicant filed prior to the expiration date of the original permit.
Section 107.2.2 Fire protection system shop drawings is hereby amended by amending the first sentence to read as follows:
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to the Orange County Fire Authority for review to indicate conformance to the adopted codes and the construction documents and shall be approved prior to the framing inspection. Shop drawing shall contain all information as required by the referenced installation standards in Chapter 9.
Section 107.2.5 Exterior balconies and elevated walking surfaces is hereby amended to read as follows:
107.2.5 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, or irrigation and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include the manufactures installation instructions, products listing name, approval number of the product and the approving agency.
Section 107.2.6 Site plan is hereby amended to read as follows:
107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the location and dimensions of all new construction, the location and dimensions of all existing construction, all property lines shown and labeled, dimensions between all new construction and all property lines, dimensions between all existing construction and all property lines, dimensions between all new and existing construction, locations of all slopes with the top of any slope or the bottom of any slope specifically plotted and indicated, the structural setback line from top of slope specifically plotted as required by Chapter 18, the overall vertical height of all slope shown, dimensions from the top of any slope to all new proposed construction. In accordance with City of Yorba Linda Ordinance 2013-986 Development of Properties with Active or Abandoned Oil Wells; show a dimensioned location of any active or abandon oil wells per the Geologic Energy Management Division (CalGem) online Well Finder, indicate if the property is in a methane gas area as designated by OCFA and the Geologic Energy Management Division (CalGem), show a dimensioned location of any active or abandon septic tanks and seepage pits and any other site related information. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for an alteration or repair or when otherwise warranted.
Section 108.1 General is hereby amended by changing the number of days in the second sentence from "180 days" to "30 days".
Section 109.2 Schedule of permit fees is hereby amended to read as follows:
109.2 Schedule of permit fees. For each permit required by this Article, there shall be charged and paid to the Building Division, a fee as established by resolution adopted by the City Council, and at the rate provided for each classification shown therein.
Section 109.4 Work commencing before permit issuance is hereby amended to read as follows:
109.4 Work commencing before permit issuance.
109.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be conducted by the Building Official, or their approved designee. Prior to the special investigation, all concealed structural and non-structural items shall be to allow an accurate assessment of the unpermitted construction. The items to be exposed shall include, but not be limited to, foundation, framing, electrical, plumbing and mechanical.
109.4.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
109.4.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.
Section 109.6 Refunds is hereby amended to read as follows:
109.6 Refunds. The Building Official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
The Building Official may authorize refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.
The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
Section 110 Inspection is hereby amended to read as follows:
Section 110.7 Re-inspections is hereby added to read as follows:
110.7 Re-inspections. The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.
This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.
To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee established by resolution adopted by the City Council.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
Section 110.8 Extra inspections is hereby added to read as follows:
110.8 Extra inspections. When extra inspections are necessary by reason of deficient or defective work, repeated partial inspection requests, or otherwise through fault or error on the part of the holder of the permit or on the part of their employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection.
Section 110.09 Successful inspection is hereby added to read as follows:
110.09 Successful inspection. An inspection performed by the building official or designee resulting in an approval, partial approval, correction or other progressive action demonstrating a good faith effort working towards the completion of the project or a portion thereof. Miscellaneous, progress inspections, construction site maintenance conditions, unpermitted work, and other non-construction inspections are not successful inspections.
Section 110.10 Exterior walls and roofs is hereby added to read as follows
110.10 Exterior walls and roofs. Exterior walls and roofs of buildings shall be covered with finished materials, in accordance with City-approved plans and the Building Code within six months from the commencement of construction, or six months after the foundation is approved by the city inspector, for ground-up construction. A written waiver of this requirement may be obtained from the Building Official and Planning Manager if the construction is screened from view of adjacent occupied or public property with fencing materials that comply with building regulations and are approved by the Planning Division.
Buildings shall be completely weather-tight at the time of framing, plumbing, electrical, mechanical inspection ("roughs/MEPS").
Section 110.11 Maintenance of property during construction is hereby added to read as follows:
110.11 Maintenance of property during construction. During construction, 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 the building construction perimeter. A waiver of this requirement may be obtained from the Building Official and Planning manager if the construction is screened from view from adjacent occupied or public property with fencing materials that comply with building regulations and are approved by the Planning Division.
Section 111.5 Posting is hereby added to read as follows:
111.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.
Section 115.1 Authority is hereby amended to read as follows:
115.1 Authority. Whenever the Building Official finds any work regulated by this code, or other pertinent laws or ordinances implemented through the enforcement of this code, is being performed in a manner either contrary to their provisions or in a dangerous or unsafe manor, the Building Official is authorized to issue a stop work order.
Section 117.1 Safety assessment placards is hereby added to read as follows:
117.1 Safety assessment placards.
Intent. This section established standard placards to be used to indicate the condition of a structure for continued occupancy. The section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
Application of Provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the city of Yorba Linda.
Definitions. "Safety assessment" means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
Placards. The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures.
1. | "INSPECTED — Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. |
2. | "RESTRICTED USE" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. |
3. | "UNSAFE — Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. |
The ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
Once it has been attached to a building or structure, a placard shall not to be removed, altered or covered until done so by an authorized representative of the Building Official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
117.2. When the code official determines a structure, equipment or premises has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code or the technical codes and the structure, equipment or premises constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premises in a conspicuous place in or about the affected structure, equipment or premises. The placard shall clearly state the code official's order regarding the structure, equipment, or premises, and specify the conditions which necessitated the posting.
(Ord. 2025-1121, 10/21/2025)
