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O1650 e e CA:RMM:lmcd001/hpc/pc City Council Meeting 9-29-92 Santa Monica, California ORDINANCE NUMBER l650(CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A MANDATORY SEISMIC RETROFITTING ORDINANCE AND THE SANTA MONICA AMENDMENTS THERETO WHEREAS, the City Council has heard public testimony on and has discussed and considered certain serious general community safety problems caused by the number, size, location, and present use of some 125 pre-1934 unreinforced masonry potentially hazardous buildings; and WHEREAS, the City Council has considered the probability of potentially damaging seismic activity affecting the community; and WHEREAS, the City Council finds that the community's exposure to the damaging effects of such local seismic activity with potential demands on emergency services needs to be significantly reduced; and WHEREAS, on April 14, 1981, the City Council adopted, as part of the Santa Monica Municipal Code ("Code"), Ordinance Number 1201 (CCS) relating to Supplemental Seismic Safety Rehabilitation Requirements; and WHEREAS, on July 25, 1989, the City council adopted Ordinance Number 1489 (CCS) to require "Seismic Evaluation - 1 - ~/ e e Reports" for pre-1934 unreinforced masonry structures and has considered a summary of the results of such reports; and WHEREAS, the city council has considered Appendix Chapter 1 of the 1991 Edition of the Uniform Code for Building conservation ("UCBC") published by the International Conference of Building Officials ("ICBO") and recommended by the state Seismic Safety Commission as the technical specifications ("Technical SpecificationsU) of the model ordinance ("Model Ordinance") to local governments in seismic Hazard Zone 4 of California as an effective earthquake hazard mitigation program for buildings with unreinforced masonry bearing wall construction; and WHEREAS, Santa Monica is located in Seismic Hazard Zone 4; and WHEREAS, the City Council finds that compliance with the Technical Specifications will reduce the risk of damage, death, and injury, and reduce the demand on City emergency services that may result from the effects of earthquakes on existing unreinforced masonry buildings, but that compliance will not necessarily prevent loss of life or injury, nor prevent earthquake damage; and WHEREAS, the City Council has considered certain additions, amendments, and modifications to the Model Ordinance for purposes of administration and enforcement in the city of Santa Monica; and WHEREAS, the city council finds that the proposed Model Ordinance with certain additions, amendments and modifications will assist in maintaining the community's total building - 2 - e It inventory within the present capabilities of the City's emergency services; and WHEREAS, the adoption of the proposed Model Ordinance with certain additions, amendments and modifications will establish a mitigation program for potentially hazardous buildings as required by Government Code section 8875 (previously known as Senate Bill 547); and WHEREAS, the City Council finds that it is in the interest of the health, safety, and welfare of the citizens of Santa Monica to adopt a mandatory seismic retrofitting ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.04.220 1S added to the Santa Monica Municipal Code to read as follows: SECTION 8.04.220. seismic Retrofittinq Code. That certain document entitled "Appendix Chapter 1 of the Uniform Code of Building Conservation, 1991 Edition" published by the International Conference of Building Officials is hereby adopted as amended, deleted, or modified herein as the Seismic Retrofitting Code of the City of Santa Monica, and shall be referred to, together with such amendments, deletions, or modifications thereto as the "Seismic Retrofitting Code." SECTION 2. Section 8.04.140 of the Santa Monica Municipal Code is amended to read as follows: - 3 - e e SECTION 8.04.140. section 206{c) of the Uniform Administrative Code, 1991 edition, relating to Supplemental Seismic Safety Rehabilitation Requirements is amended to read as follows: Division 1.00. Scope. The provisions of this section shall apply to all pre-1934 unreinforced masonry structures which currently have or may in the future have recorded against them on the record of title in the County Recorder's Office a City "Notice of Substandard and Potentially Hazardous Building." Division 2.00. compliance Requirements. The owner of each building with1n the scope of this section shall, within the time limits set forth in this Section, cause the building to be structurally altered to conform to the earthquake standards specified in the Seismic Retrofitting Code. Division 3.00. Occupant Load and Building Type. The occupant load of each building subject to the Seismic Retrofitting Code shall be determined by the Building Official in accordance with section 3302 of the Uniform Building Code. For purposes of complying with the time l1mits set forth in Division 4.00, the rating classification ("Type") of the building shall be defined as follows: - 4 - e e Rating Classification Building Type Occupant Load Essential I Any High risk II 100 or more Medium risk III-A 100 or more I11-B More than 20, but fewer than 100 Low risk IV Fewer than 20 An "essential II building shall be any building that must be usable in the event of an emergency, and shall include hospitals, police and fire stations and disaster recovery centers. A "high riskll building shall be any building with 100 or more occupants and without masonry or woodframe crosswalls spaced less than 40 feet apart in each story. A IImedium risk subclass An building shall be any building with 100 or more occupants and with masonry or woodframe crosswalls spaced less than 40 feet apart in each story. A "medium risk subclass B" building shall be any building with more than 20 but fewer than 100 occupants. A "low riskll building shall be any building with fewer than 20 occupants. Division 4.00. Timetable for compliance. The time limits set forth below shall begin to run from the date the Seismic RetrofittJ.ng Code is adopted. - 5 - e e The owner of a building within the scope of this section shall comply with the requirements set forth herein and in the Seismic Retrofitting Code by filing for a permit, submitting plans to the Building Official, commencing construction and completing construction within the time limits specified below: Required Action By Owner Building Type File for Permit and Submit Plans to Building Official Within Commence Construction Within Complete Construction Within A. Install Type I, Wall II, III, Anchors: IV 180 Days 270 Days B. If Wall Anchors Installed, Then Make Structural Alterations: Type I 635 Days 2 Years (1 yr 9 mas) Type II 635 Days 2 Years (1 yr 9 mas) Type III 2825 Days 8 Years (7 yrs 9 mas) Type IV 2825 Days 8 Years (7 yrs 9 mas) 1 Year 4 Years 4 Years 10 Years 10 Years - 6 - e e Required Action By OWner C. If Wall Anchors Are Not Installed, Then Make structural Alterations: Building Type File for Permit and Submit Plans to Building Official within Commence Construction within Complete Construction within Type I Type II Type III 270 Days 270 Days 1000 Days (2 yrs 9 mas) 1365 Days (3 yrs 9 mas) 1 Year 1 Year 3 Years 2 Years 2 Years 4 Years Type IV 4 Years 5 Years Such plans shall be prepared by a state licensed archi tect or engineer. After plans are filed and approved by the Building Official, the owner shall obtain a Building Permit and then commence and complete the required construction within the time limits set forth above. That portion of the plan check and building permit fees that are allocable to structural alteration of the building that is necessary for compliance with the seismic Retrofitting Code shall be waived by the Building Official. An owner electing to install wall anchors pursuant to the Seismic Retrofitting Code is also - 7 - e e required to structurally alter the building to make it fully comply with the seismic Retrofitting Code within the time limits set forth herein. Division 5.00. Historical Buildings. Buildings designated as historically or architecturally significant landmarks on national, state or local historical registers shall comply with the Seismic Retrofitting Code. At the Building Official's discretion, modifications to the retrofitting standards set forth in the Seismic Retrofitting Code may be made so long as such modifications are consistent with the provisions of the state Historic Building Code. Division 6.00. Demolition. An owner desiring to demolish a build~ng must nevertheless comply with the provisions of this Code unless such owner receives permission to demolish the building prior to the time limits set forth in D~vision 4.00 herein for the filing of a permit and the submitting of plans to the Building Official. Such an owner shall submit a Demolition Permit Application to the Building Official and shall meet all of the requirements for demolition imposed by this Code including but not limited to those requirements set forth in Section 9048.1 of this Code before such a demolition shall be permitted. Nothing in this Section or in the Seismic Retrofitting Code shall be deemed to relieve a building owner of meeting the requirements for - 8 - e e demolition of a building imposed by any other applicable law or regulation. Division 7.00. Appeal of Initial Determination. The owner of any building may appeal the Building Official's initial determination that the building is within the scope of this Code to the Building and Safety Commission as the Board of Appeals established by Section 204 of the Uniform Administrative Code, as amended and adopted at Section 8101 of this Code. Such appeal shall be filed with the Board within sixty (60) days from the date the Seismic Retrofitting Code becomes effective. Any such appeal shall be decided by the Board no later than ninety (90) days after f1ling and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders, or actions by the Building Official pursuant to this section may be made in accordance with the procedures established in sections 105 and 106 of the Un1form Building Code and section 204 of the Uniform Administrative Code, as adopted by the City. Division 8.00. Enforcement. If the owner in charge or control of the subject building fails to comply with this Code within any of the time limits set forth herein, the Building Official may order that the entire building be vacated and that the building remain vacated unt1l this Code has been - 9 - e e complied with. If compliance has not been initiated within ninety (90) days after the date the building has been ordered vacated or such additlonal time as may have been granted by the Board of Appeals, the Building Official may (i) commence the building's demolition in accordance with the provisions of Section 203 of the Uniform Building Code and in accordance with the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City; or, (ii) undertake and complete such structural alteration of the building as may be necessary in the sole judgment of the Building Official to cause the building to conform to the earthquake standards specified in the Seismic Retrofitting Code, and to cause a lien for the costs of such structural alteration to be placed against the property. No demolition may occur pursuant to this Division 8.00 wlthout compliance with all City laws and regulations governing demolitions. Division 9.00. Appeal Based on Severe Pinancial Hardship. The owner of any building may appeal on the basis of severe financial hardship from compliance with this Code. Such appeal shall be filed with the City'S Chief Financial Officer no later than one hundred twenty (120) days after the effective date of this Code. Any such appeal shall be decided by the Chief Financial Officer no later - 10 - e e than ninety (90) days after filing and the grounds thereof shall be stated clearly and concisely. The burden shall be on the owner to demonstrate conClusively that compliance with this Code shall result in severe financial hardship. Documentary evidence shall be submitted by the owner at the time the appeal is filed and shall clearly demonstrate that compliance with this Code shall result in severe financial hardship. Such documentary evidence may include, but shall not be limited to, the owner's tax returns, general ledgers, rental and lease agreements, personal and corporate income and expense records, and any such other financial documents or information as the owner desires to submit for consideration or as the City's Chief Financial Officer deems necessary or desirable in evaluating the owner's claim of hardship. The failure of the owner to provide any financial document or information requested by the Chief Financial Officer shall result in denial of the appeal. Any person denied an appeal by the Chief Financial Officer may appeal the denial to a three person Financial Hardship Appeal Board established by the City Manager. Any such appeal shall be made in writing within ten (10) days of the denial and shall be based on the evidence supplied to the Chief Financial Officer. The Appeal Board may approve or deny any appeal and may relieve an owner from - 11 - e e compliance with the requirements of Section 8.04.140, Division 4.00 (A), (B) I or (C) of this Chapter, as the Appeal Board in its sole discretion deems financially feasible. The decision of the Financial Hardship Appeal Board shall be final except for judicial review and shall not be appealable to the City Council. The Appeal Board is authorized to establish procedures for the processing and consideration of appeals. In any case where a building is exempted from compliance with the Code on the basis of financial hardship, such exemption shall be null and void and of no further force or effect at the time the building is sold or experiences a major change of occupancy as defined in the Building Code. SECTION 3. Section 8.04.190 of the Santa Monica Municipal Code is amended to read as follows: SECTION 8.04.190. Application. (a) Any violation of the Uniform Codes (contained in Sections 8101 through 8108 and in section 8112 of this Code) or local amendments thereto (contained in Sect ion 8109. 1 through 8109. 8 of this Code) shall be a misdemeanor as provided for in Section 1200 of this Code. (b) The amendments to the Uniform Codes and local amendments thereto shall not in any manner affect the prosecution for violations thereof, which - 12 - e e violations were committed prior to the effective date of the ordinance adopting the section and shall not affect any prosecution or action which may be pending in any court for the violation of any of the provisions thereof. As to any such violation or as to any such prosecution or pending prosecution or action, the Uniform Codes and local amendments thereto in effect prior to the adoption of the ordinance adopting this Section shall be deemed to continue and be in full force and effect. (c) The provisions of the amendments to the Uniform Codes and local amendments thereto, insofar as they are sUbstantially the same as the provisions in effect prior to the adoption of the ordinance adopting this section shall be construed as restatements and continuations and not as new enactments. (d) The provisions of Sections 8109.1 through 8109.7 are adopted pursuant to Article XI, Section 7 of the California constitution in addition to the authority contained in the Health and Safety Code and are adopted to protect the public health, safety, and welfare of the City. (e) The preamble to the ordlnance adopting this section should be consul ted f or further findings, background, and legislative history. - 13 - e e SECTION 4. Any provisions of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: -~ EPH . LAWR'l:NCE ing City Attorney - 14 - e e Adopted and approved this 29th day of September, 1992. I hereby certify that the foregoing Ordinance No. 1650(CCS) was duly and regularly introduced at a meeting of the City council on the 22nd day of September 1992i that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 29th day of september 1992 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Katz, Olsen, Vazquez, Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Holbrook ATTEST: oJ'_ ~/YiJ~ ...- City Clerk- -:. ---.. ---