A conceptual 3D render of the project below
One of my projects of landscape and hardscape that required a permit. The title block was removed for the client's privacy.
In my experience, most people avoid to pull permits (submit plans to the City) when they want hardscape and landscape design and works. And this is the designer/architect obligation to explain when the permits are needed or not. I am listing a few items to take into account:
1) The first item to review is the pervious areas versus impervious. Let's say a standard is 50% for each, it could be 60% pervious, 40% impervious as well, depending on the City. It means before any commencement of a design, we need to see if we can properly drain all the rainwater from the roofs and the slabs or any exterior solid floors. I have been working in a Code Enforcement case in the City of Santa Ana, a homeowner that covered more than the 50% of the front backyard. He was not only fined, but he also had to submit a landscape and hardscape plan to Planning department.
2) Trellis: if they do not have a solid roof, like the ones I am showing next, no permit is required. A trellis is more a sort of garden decoration. This render is part of the first preliminaries for the project above. But at a certain point, the client requested a revision, adding a patio cover. There is a decorative wall between the fire pit area and the "solarium" at the rear. The idea was to have niches with ceramic vases, then, the client thought about a TV with a solid roof, etc. It drastically changed the scope of works.
The wall, being high, would need a foundation and as it is free standing, the structural engineer would have to consider the wind, the earthquakes, apart from the vertical loads. The same is needed for a patio cover. If it is designed per the City's standard, with a flat roof, then no structural calculation is needed, if it is out of the standard, then structural design will be required.
A pit and a free standing wall.
3) The outdoor kitchen: if it is a sort of countertop, at least an over the counter permit for water, gas and electrical connection is needed. There is an issue though, and it is the type of barbecue and location.
In fire hazard severity zones a fixed barbecue, fireplace, and/or any other fire fixture must comply with the tests fire department will request and the set backs, being a minimum standard 5' to constructions, roofs, property lines. A chimney could be added to an outdoor stove to reduce the set backs, but a free standing chimney may be expensive and could trigger structural calculations. The intention for these regulations is to protect one's house and the neighbors' from fires.
A regular barbecue could be placed anywhere, after all it is movable.
In the project I am using as an example, see there is a barbecue under the house trellis, but then I proposed to move it to the rear. I have another project in Huntington Beach, the plan checker allowed me to install the barbecue 3' away from the attached patio cover.
So, depending on the clients' choice, formal submittal of plans to Fire Department and Building and Safety must be submitted.
I have seen the most incredibly dangerous barbecue installation a couple of years ago, in Orange County. The homeowner put it right below a straw canopy, which was against the house. When I brought up the subject of danger, the homeowner replied that they never had a problem or an accident (!!!!).
The free standing wall in the process of change from a niche to a TV that would need a roof if it is a standard TV and not an outdoor screen.
Two trellis here in a preliminary design phase. There is no need for a permit for open trellis. A jacuzzi is seen on the far right.
The umbrella as an alternative for a roof
4) Fences on the property line: wire or wood fences do not need a permit. But if a block fence is proposed, a permit is needed. The plan must show the location (site plan) and details are added. Standard details up to 5' 6" which is the general maximum height, except for the front set back which must be a maximum of 3' for cars visibility. The property line has to be determined by a surveyor and an agreement with the neighbor must be prepared to locate the construction of the wall. In the middle of the property line or in one's side. It has to be legally done, because in future years, if nobody claims the real dimensions of the lot, then the property line is virtually moved allowing one neighbor to have a bigger lot.
The free standing wall on the left. A block wall on the property line is shown .
5) Retaining walls: up to 3' the retaining wall is standard and could be part of another permit. But basically, it becomes like a planter. If the retaining wall is higher, plans and structural calculations and details have to be submitted to Planning and Building and Safety.
6) A common sense consideration about the trees location: I had to advise a client to remove beautiful young pines from a new retaining wall. He did not realize that in the future, the pines would grow and the roots would destroy the retaining walls. The same goes for fences.
Another client had several complaints about his neighbor because lots of branches and fruits were on his side. And the neighbor did not make any effort to trim the tree. I have not found out yet in California, but in my country the branches and fruits that cross the property line belongs to the lot where the branches are projecting on. And the person has the right to trim and collect the fruits from the neighbor's tree.
7) Planters against the house are better if built as stormwater planters to collect the roofs water. A permit is not needed to add a planter in a backyard, but if the planter is part of the stormwater design, then it becomes part of an overall permit.
Obviously a trampoline does not need a permit.
8) Jacuzzis and swimming pools: needless to say a permit is required. The jacuzzi if it small, shallow and standard from a company, then no structural calculation is needed. There are restrictions about the location of the filters, heaters, regarding the distance to windows and property lines. Depending on the City, a soils report could be part of the submittal.
9) Gazebos: if the gazebo is bought from a company that has an approval already, like a construction system with a patent or license, then no permit may needed, every case is different. But if it is custom made, architectural and engineering plans must be submitted.
10) Storages: this is common day issue. Many homeowners have built their own storages. Legally, a storage must not have water and only a switch as electricity. Eventually, an inspector may accept one or two outlets. Why is this? Because people rent their storages as "dwellings". There is a requisite: maximum square footage 120 sq ft to avoid permits. If the storage is bigger, even a little bigger, full plans and calculations are required as if it was a house, and set backs apply as well. My advice is always the same, buy a standard storage 10'x12' and that's it, the cheapest solution. Do not try to fool the City, they look at the aerial pictures and will be able to measure the size.
