O1945
CA F \BLDGSAF\ADMIN\ca wpd
City Council Meeting 6-08-99
Santa MOnica, California
ORDINANCE NUMBER 1945 (CCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE
AND THE SANTA MONICA AMENDMENTS
TO THE CALIFORNIA BUILDING STANDARDS CODE,
ADOPTING OTHER TECHNICAL CODES, INCLUDING THE
UNIFORM HOUSING CODE, UNIFORM ADMINISTRATIVE CODE,
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND
THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE,
ADOPTING NEW TECHNICAL STANDARDS FOR THE
EXISTING SEISMIC RETROFIT REQUIREMENTS, AND CLARIFYING
THE NUISANCE ABATEMENT ORDINANCE, AND
DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, on December 12, 1995, the City Council adopted Ordinance Number
1835 (CCS), which adopted by reference certain Technical Codes, the Santa MOnica local
amendments to these Techmcal Codes and the Callforma BUilding Standards Code, and
WHEREAS, Health and Safety Code SectIon 18938 proVides that the triennial
edition of the California BUildIng Standards Code establishes building standards for all
occupancies throughout the State and reqUIres that these standards Incorporate the latest
editions of the Technical Codes wIth necessary California amendments, and
WHEREAS, In January of 1999, the State BUilding Standards CommiSSIon approved
and published the 1998 edition of the California BUilding Standards Code, which
Incorporated the 1996-1997 editIons of the T echmcal Codes by reference With necessary
California amendments, and
WHEREAS, Health and Safety Code SectIOns 18938 and 17958 make the California
BUildIng Standards Code applicable to all CitIes and counties throughout California,
Including the City of Santa Monrca, 180 days after publication by the State BUilding
Standards CommissIon, which IS July 1.1999, and
WHEREAS, Health and Safety Code Section 18941 5 proVides that the City may
establish more restrrctlve bUilding standards If they are reasonably necessary due to local
climatiC, geological or topographical conditIons, and
WHEREAS, the City Council has conSidered the 1998 edition of the California
BUlldmg Standards Code, whIch mcorporates by reference the 1996-1997 editions of the
Technical Codes, and all of the referenced standards, tables, matrices and appendices of
each of these codes therein, and
WHEREAS, based upon the findings contained In the ResolutIon adopted
concurrently With thiS Ordinance, the City Council has found that certain modifications and
additions to the CalifornIa BUilding Standards Code are reasonably necessary based upon
local climatic, topographical and geological conditions, and
WHEREAS, on September 29,1992, the City CouncIl adopted Ordinance Number
1650 (CCS) which adopted mandatory seismiC retrofit requirements for eXlstmg bUlldmgs
constructed of unremforced masonry, and on June 21, 1994, the City CouncIl adopted
Ordinance Number 1748 (CCS), which adopted mandatory seismiC retrofit reqUirements
for eXisting bUildings constructed of tIlt-up concrete walls, soft story construction, non-
ductIle concrete and steel frame bUlldmgs, and
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WHEREAS, contmued study of bUlldmgs damaged dUring the Northndge
Earthquake has led to Improvements In seismIC retrofIt technology that better Identrfy the
types of eXlstmg bUildings that are vulnerable to earthquakes and economic methods to
rehabll\tate them, and
WHEREAS, by incorporating the latest seismIC retrofit standards and scope of
bUlldmgs Into the City's eXistIng reqUIrements, the latest and most effective standards will
be Implemented Into design and construction so that the public health and welfare will be
better protected,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS
Section 1 Chapter 8 04 of the Santa MOnica Municipal Code IS hereby amended
to read as fo 1I0ws
Chapter 8.04 Technical Codes.
8.04.010 Codes Generally.
(a) No person shall erect, construct, enlarge, alter, repair, move,
remove, convert, demolish, occupy, equIp, use or maintain any bUIlding or
structure, mobIle home or traIler, or fIxture attached thereto, or commence
or perform any gradmg, or Import or export any earth materials to or from any
site, In Violation of any condlt\on, proVISIon or regulation contamed m any of
the technical codes referred to In any of the chapters of Article VIII of the
MUntclpal Code and adopted therein.
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(b) Three copies of each set of technical codes, as amended.
deleted, or modified therein, shall be on fIle In the office of the City Clerk for
use and examination by the public
8.04.020. Application.
(a) Anyvlolatlon ofthe UmformAdmlnlstratlve Code, Uniform HOUSIng
Code, Uniform Code for the Abatement of Dangerous BUlldmgs, Umform
SWimming Pool, Spa and Hot Tub Code, CalifornIa BUildIng Standards Code,
State HOUSIng Law, MobIle Home Parks Act or local amendments thereto
adopted In Article VIII of the Municipal Code shall be a misdemeanor as
prOVided for In Section 1 08 010 of thiS Code
(b) Amendments to the codes referenced In Subsection (a) above
shall not In any manner affect the prosecution for Violations thereof, which
Violations were committed pnor to the effective date of the ordmance
adopting the Section and shall not affect any prosecution or acbon which
may be pendmg 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 prose-
cution or action, the codes referenced In Subsection (a) above and local
amendments thereto In effect pnor to the adoption of the ordmance adopting
thIS Section shall be deemed to continue and be In full force and effect
(c) The provIsions of the codes referenced In SubsectIon (a) above
and local amendments thereto, Insofar as they are substantially the same as
the proVISIOns In effect prior to the adoption of the ordmance adoptmg thiS
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Section, shall be construed as restatements and continuations and not as
new enactments
(d) The provIsions of this Article that affect the Uniform Administrative
Code, Uniform Housing Code, UnIform Code for the Abatement of
Dangerous BUlldmgs, Uniform SWimming Pool, Spa and Hot Tub Code,
California BUilding Standards Code. State Housing Law, Mobile Home Parks
Act or local amendments thereto adopted m Article VIII 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 ordinance adoptmg the Chapters In Article
VIII, and the Resolution adopted by the City CounCIl concurrently therewith,
should be consulted for further findmgs, background and legIslative history
Section 2 Chapter 8 08 of the Santa MOnica MUnicipal Code IS hereby amended
to read as follows
Chapter 8.08 Administrative Code.
8.08.010 Administrative Code Generally.
(a) Adoption. Those certam documents or portions of documents
entitled
(1) California BUIlding Standards AdminIstratIve Code, 1998 EditIOn,
as published by the California BUilding Standards Commission and the
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International Conference of BUilding Officials, and
(2) Chapter 1-Admmlstratlon of the California BUlldmg Code, 1998
Edition, as published by the California BUlldmg Standards Commission and
the International Conference of BUlldmg Officials, and
(3) Chapter 1-Admlnlstratlon of the CalifornIa Mechanical Code, 1998
Edition, as published by the California BUilding Standards Commission and
the International Conference of BUIlding OffiCials, and
(4) Chapter 1-Admlmstratron of the California Plumbing Code, 1998
EditIon, as published by the California BUlldmg Standards Commission and
the International ASSOCiation of Plumbmg and Mechamcal Officials, and
(5) Article 89-Admmlstratlon of the Callforma Electrical Code, 1998
Edition, as published by the California BUilding Standards Commission and
the NatIonal Fire ProtectIon ASSOCiation, and
(6) Umform Administrative Code, 1997 Edition, as published by the
International Conference of BUilding OffiCials,
are hereby adopted, together with the amendments ofthls chapter, as
the Administrative Code of the City of Santa MOnica
(b) Conflicts between any ofthe administrative prOVISions of any ofthe
codes listed In Subsection (a) above, shall be resolved pursuant to Section
104 ofthe Umform Administrative Code,1997 Edition, Conflicting ProviSions
(c) Where amendments are made to any prOVISion of the codes listed
In Subsection (a) above, these amendments shall also be conSidered
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amendments to the administrative provIsions of all of the T echmcal Codes
adopted In Article VIII of the MUnicipal Code
(d) Local amendments to the aforementioned Uniform Administrative
Code, 1997 EditIon, and related adminIstrative portions of the Callforma
BUlldmg Code, California Mechanical Code, California Plumbing Code, and
Callforma Electrical Code are set forth below
8.08.020 Boards of Appeal.
Section 204 1 of the Uniform Administrative Code, Section 105 1 of
the CalifornIa BUilding Code, and Section 110 1 of the Callforma Mechanical
Code, are hereby amended to read as follows
Boards of Appeal. In order to provide for reasonable interpretatIons
of the bUilding standards contained In these Codes, and to determine the
SUitability of alternates, there shall be created appropnate Boards of Appeal
conslstmg of members who are qualified by experience and trammg to pass
upon matters pertaining to bUilding construction and the techmcal diSCiplines
therein The BUlldmg Officer or hiS or her deSignee shall be an ex-offiCIO
member of each such board created and shall act as secretary
Members of the Boards of Appeal shall be appoInted by the City
CounCil to serve a term of four (4) years unless removed for cause No
board member shall hold any paid office With the City
Said Boards of Appeal shall adopt reasonable rules and regulations
for conductmg mvestlgatlons and busmess and shall render all deCISIons and
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findings In writing to the responsIble official and appellants Said Boards
may also recommend to the appOlntmg authonty such new legislation as IS
consistent therewith
Pursuant to Section 1002 of the Santa MOnica City Charter there are
hereby created the following Boards of Appeal
1. Building and Safety Commission. The BUlldmg and Safety
Commission shall be composed of five qualified members as follows one
State of Callforma licensed architect, one State of California registered CIVil
or structural engineer, one State of California licensed building contractor,
and two public members The JUriSdiction of this Board shall be limited to
hearing appeals on the Interpretation of bUilding standards and the
eqUivalency of alternatives for Items regulated In the Technical Codes The
Board shall have no jUrisdictIon over matters reserved for any other board
herein or under any abatement proceedmgs Initiated under Chapters 8 84,
888, 8 92 or 8 96 of Article VIII of this Code or theIr successors
2. Accessibility Appeals Board. Pursuant to California Health and
Safety Code Section 19957 5, the Accesslblhty Appeals Board shall contain
a minimum of two physically disabled members, two members experienced
In construction. and one public member The two members experienced In
construction and one publiC member shall be members of the BUilding and
Safety CommiSSion
The Junsdlctlon of this Board shall be limited to hearing of appeals of
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the interpretatIon of accessibility code standards, equIvalent facIlitation and
hardship exemptions for accessIbility Items regulated In any of the TechnIcal
Codes as adopted, including the State Historical BUlldmg Code The BUIlding
Officer shall have authority to promulgate and or adopt administrative
regulations governmg the appeal of orders, decIsions and determmatlons of
the BUlldmg OffIcer except for those subject to the JurrsdlctlOn of the
NUisance Abatement Board under provIsions of Chapters 8 84, 8 88, 8 92 or
896 of thiS Code
8.08.030 Plan Review Expiration.
Section 304 4 of the Uniform AdminIstrative Code, SectIon 107 4 of
the California BUilding Code, Section 115 4 of the California Mechanical
Code, and Section 103 4 3 of the Calrforn la Plumbmg Code are amended to
read as follows
Expiration of Plan Review. ApplicatIons for which no permit IS
Issued within 180 days follOWing the date of appllcatron shall expire by
limitation, and plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the BUilding Officer The BUlldmg
OffIcer may extend the tIme for actron by the applIcant for a penod not
exceedmg 180 days on wntten request of the applicant pnor to the expiration
date shOWing that circumstances beyond the control of the applicant have
prevented actIOn from being taken An apphcatlon shall not be extended
more than once
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An applicatIon shall not be extended If this code or any pertinent laws
or ordmances have been amended subsequent to the date of applicatIon In
order to renew action on an applIcation after eXpiration, the applicant shall
resubmit plans and pay a new plan revIew fee unless otherwise approved by
the BUilding Officer
The BUIlding Officer may renew an expired application for a permit
WIthout reqUiring the re-submlttal of plans and payment of a plan review fee
provided
(1) no changes have been made or will be made to the original plans
and specifIcatIons except as requIred by the origInal plan reView, and
(2) no pertment laws or ordInances have been amended subsequent
to the date of anginal application, and
(3) the time allowed to obtam the permit does not exceed one year
from the date of original applIcation, and
(4) any approvals granted under Artlcfe IX of the Munrclpal Code are
stili valid and have not expIred
8.08.040 Permits Required.
Section 301 1 of the Unrform Administrative Code, Section 106 1 of
the CalifornIa Building Code, SectIon 112 1 of the California Mechanical
Code, and Section 103 1 1 of the California Plumbing Code are amended to
read as follows
Permits Required. Except as speCified In Section 301 2 of the
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Uniform Administrative Code or In admlntstrattve gUidelines to be established
by the BUilding Officer, no bUilding, structure or bUildIng servIce equipment
regulated by thiS code shall be erected, constructed, enlarged, altered,
repaIred, moved, Improved, removed, converted or demolished unless a
separate, appropnate permit for each bUilding structure or bUilding service
equIpment has first been obtaIned from the BUlldmg Officer
No person shall do any extenor sandblastmg within the City without
first obtammg a permit A permit shall be required for each separate work
locatIon or contractor.
8.08.050
Permit Issuance.
Section 303 1 of the Uniform Administrative Code and Section 106 4 1
of the California BUilding Code are amended by addmg thereto as follows
No bUilding permIt or demolition permit shall be Issued by the City for
any development that reqUires a coastal development permIt under the
California Coastal Act of 1976, Public Resources Code SectIons 30000 et
seq , untIl such time as a coastal development permit has been Issued for
such development
8.08.060 Permit Expiration, Extension and Renewal.
Section 303 4 ofthe Uniform Administrative Code, Section 106 4 4 of
the CalifornIa BUilding Code, Sections 1144 1 and 11442 of the CalifornIa
Mechanical Code, and Section 103 34 ofthe California PlumbIng Code are
amended to read as follows
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(a) Expiration Every permit Issued under the provIsions of this Code
expires by limitation and becomes null and vOid when any of the following
circumstances IS applicable
(1) If the bUlldmg or work authonzed by such permIt IS not started
wlthm 180 days from the date of permit Issuance,
(2) If the bUilding or work authonzed IS suspended or abandoned at
any time after the work has started, for a perrod of 180 days or more
(3) In addition to SubsectIons (1) and (2) above, every bUlldmg,
grading or project permit issued under the provisions of this Code expires by
limitation and becomes null and VOid when the time allowed to complete aU
work authOrized by the permit exceeds the following time penods based on
valuation
Valuation
Time Aflowed*
Under $300,000 12 months
$300,001 to $1,000,000 24 months
$1,000,001 to $5,000,000 30 months
$5,000,001 to $20,000,000 36 months
Over $20,000,000 _ 48 months
* Exception For permits With a valuation of $2.500,000 or more, the
time allowed to complete work authOrized by the permit may be Increased by
the Burldlng Officer by up to 50 percent
(4) EXpiration of time allowed to commence or complete the work
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required by any order of the NUisance Abatement Board or the BUilding
Officer
(b) Extensions. An extensIon of time from the stated periods In
subsection (3) above may be permItted for good reason, prOVIded such
requests are submitted to the BUilding Officer m wntlng pnor to permit
eXpiration The wntten request must demonstrate that
(1) Due to circumstances beyond the owner's or permIttee's control,
construction could not be commenced or completed In the authorized time
period,
(2) Substantial progress has been made,
(3) The condition ofthe property presents no health or safety hazard,
and
(4) The contInued delay Will not create any unreasonable VIsual or
phYSical detnment to the neighborhood
The decIsion of the BUilding Officer may be appealed to the Director
of Plannmg and Community Development, whose deCISion shall be final
Any such appeal shall be filed withIn 7 days of the deCISion of the BUlldmg
OffIcer, and shall be In wrltmg
Unless approved by the Director of Plannmg and Community
Development, based upon unusual Circumstances presentmg a Unique
hardship to the applicant, the time penods set forth In subsections (1) and (2)
above may be extended no more than once, and the time penod set forth In
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In Subsection (3) may be extended no more than three times Each
extension of tIme shall not exceed 180 days
(c) Renewal. Before any work authorized under an expired permit
can be recommenced, all new project permits shall be first obtained to do so,
and the fee therefor shall be based on valuatIon of remaining construction
not previously Inspected and approved, prOVided, no changes have been
made or will be made In the anginal plans and speCificatIons for such work,
and prOVided, further, that for bUilding, gradIng or project permIts, the total
tIme to complete such work, IncludIng suspensIon or abandonment, has not
exceeded the time allowed In Item 3 of Subsection (a) above In order to
renew action or permit after expiration of the time allowed m Item 3 of
Subsection (a) above, the permittee shall pay a new full permit and plan
revIew fee
8.08.070 Suspension or Revocation of Permits.
Section 303 5 of the Uniform Administrative Code SectIon 106 4 5 of
the California BUilding Code, Section 1145 of the California Mechanical
Code, and Section 10335 of the CalIfornia Plumbmg Code are amended to
read as follows
Suspension or Revocation The BUilding Officer may, In writing.
suspend or revoke a permit Issued under the proVISions of thIs code
whenever the permit has been Issued In error, or on the basIs of mcorrect
mformat,on supplred, or m ViolatIon of any ordmances or regulations or any
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provision of this code
Any permit Issued for which less than the correct permit and plan
checkmg fees were paid shall be consIdered an Invalrd permit and shall be
suspended untIl the complete bill of fees has been paid FaIlure to pay the
correct fees shall be sufficient grounds for denial of any required inspection
or Issuance of a temporary or permanent certificate of occupancy
The BUilding Officer may also, In writing, suspend or revoke a permit
when constructIon or demolition activity
(1) is In violation of any provision of the approved plans, Technical
Codes or any other provIsion of the City's MunIcipal Code which IS applicable
to thiS work, including but not limIted to exterior nOise standards and
permItted hours of operatIon pursuant to Sections 4 12 130 and 4 12 140 of
the Municipal Code
(2) IS In Violation of any local condition of approval, Including but not
Irmlted to. reqUired constructIon mItIgation measures for occupIed bUildings
and adjacent properties
(3) has created a safety hazard for adjacent propertIes or the public
way, as determined by the BUilding Officer
8.08.080 Fees.
Sections 3042 and 3043 of the Uniform Administrative Code,
Sectrons 1072 and 1073 of the California BUilding Code, Sections 1152,
and 115 3 of the California MechanIcal Code, and Sections 103 4 1 and
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103 4 2 of the California Plumbing Code relating to permit and plan review
fees, are amended to read as follows
(a) Permit Fees. The fee for each permit shall be as set forth by
Resolution of the City Council
The determination of value or valuation under any of the provISions of
these codes shall be made by the BUilding Officer The value to be used In
computing the bUlldmg permit and bUlldmg plan review fees shall be the total
value of all construction work for whIch the permit IS Issued as well as all
finish work, painting. roofing, electncal, plumbing, heating. aIr-conditioning,
elevators, fire-extinguishing systems and any other permanent eqUIpment
(b) Plan and Report ReView Fees When submittal documents are
required by any of the Technical Codes, a plan review fee shall be paid at
the tIme of submitting the submittal documents for plan review Plan review
fees shall be as set forth by ResolutIon of the City CounCIl for plan reviews
performed by employees of the City
When plans and associated reports require speCial review and
analysIs by an outSIde entIty, said fees shall be In an amount reasonably
necessary to defray costs to the City directly attnbutable to emploYIng or
contracting with such pnvate entity Direct costs shall Include admlmstratlve
and overhead costs of the City for procunng and mOnltonng the work
attnbutable to the outSide entIty
The plan revIew fees speCified In thiS SectIon are separate and In
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addItion to the permIt fees
When submittal documents are Incomplete or changed so as to
require additional plan review orwhen the project Involves deferred submittal
Items, an addltronal plan review fee shall be charged
8.08.090 Preconstruction Meetings.
Pursuant to Health and Safety Code Section 19872, the BUlldmg
Officer may require the permittee to partiCipate In a preconstructlon
conference pnor to the completion of plan review and permit Issuance The
purpose of the preconstructlon conference shall be to review the plans and
speCIfications for adequacy and suffICiency of detaIls and conformance to
bUildIng standards and interpretations
8.08.100 Sandblasting Regulations.
(a) Permit Required No person shall do any exterior sandblasting
within the City without first obtaining a permIt A permit shall be reqUIred for
each separate work locatIon or contractor
(b) Application. To obtain a permit the applicant shall file an
applicatIon with the BUilding and Safety DIVIsIon Each application shall state
the location, name and address of responsible party, estimated times
sandblastrng Will take place, amount of Insurance for property damage and
public liability that the applicant carnes and the name of the company Issuing
the policy
(c) Restrictions. No sandblasting shall be permitted before 800
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a.m. or after 6 00 pm Monday through Fnday, and before 900 am or after
500 pm Saturday, nor on a Sunday or legal holiday unless a specIal permit
for such work IS Issued under Municipal Code Section 4 12 140 No dry
sandblasting shall be permitted except upon special permission of the
BUIlding Officer Permission shall be granted only m those Situations where
wet sandblasting cannot be done due to unique circumstances Any
application for dry sandblastmg shall state thereon the reasons why wet
sandblasting cannot be used and the addItional precautions that will be taken
to protect the public A minimum of 3 days notIce shall be given to owners,
tenants and occupants of all structures Within 150 feet of the sIte on which
sandblasting IS to be done
8.08.110 Responsibility for Code Enforcement In Mobile
Home Parks.
The City Council hereby reaffirms Resolution Number 2536 (CCS)
adopted November 11, 1961, whereby the CIty assumes responSibIlity for
enforcement of State of California regulations and requirements for mobile
home parks
The BUilding OffIcer shall have authonty to promulgate and or adopt
administratIve regulatIons governing the appeal of orders, deCISIons and
determinatIons ofthe BUilding Officer for matters concerning the enforcement
of the Mobile Home Park Act and Title 25 of the Callforma Code of
Regulations
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8.08.120
Temporary Trailer Permits
(a) House-Type Trailers Whenever the expression "house-type
trailers" IS used In this Section, It shall mean house traIlers, trailer coaches.
mobile homes, and similar vehicles as are defined In Sections 18000 et seq
of the Health and Safety Code
(b) Regulations. The following regulations shall apply to house-type
trailers other than mobile homes located In mobile home parks for use other
than as liVing accommodations No person, firm or corporation shall use,
store, or place a house-type trailer for any purpose or In any manner except
as In these regulations provided
(1) No person, fIrm or corporation shalf use a house-type traIler for any
purpose or In any manner without fIrst obtamlng a wntten permit from the
BUIlding Officer authorizing such use, storage. or placement
(2) No person, firm or corporation shall use, store or place a house-
type trailer for any purpose or In any manner In violation of or In non-
conformance wIth any of the terms proVIded In a permIt Issued by the
BUlldmg OffIcer for use, storage, or placement of said house-type trailer
(c) Permit Standards. The BUildIng Officer shall be gUided by the
followmg standards In the Issuance of permits for the use, storage, and
placement of house-type trailers
(1) No house-type traIler shall be used m any resIdentIal zone for any
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purpose other than storage thereof, except when used In connection with the
erection of new structures
(2) No house-type trailer or house-type traIlers SIngly, In connection
groups, or otherwise shall be used for any purpose on any lot or parcel, as
defined In Article IX of this Code, for a cumulatIve penod of more than SIX
months In any twelve consecutive months, except as hereinafter proVided for
any purpose other than storage thereof
(3) Except In connectIon wIth the erection of new structures, no
house-type trailer shall be used for any purpose not directly connected and
assocIated with a bUSiness or actIvIty conducted within an enclosed bUIlding
on the lot or parcel upon which It IS used or upon a lot or parcel immediately
adjacent or contiguous thereto which IS under the ownership, operation, or
direct control ofthe person, firm or corporation to whom the permit IS Issued.
(4) No permit shall be Issued for the use of a house-type trailer unless
there are legally proVided tOIlet facIlities located within a reasonable dIstance
not to exceed 200 feet from the closest pOint of saId house-type traIler, wh Ich
tOilet facIlitIes are owned, operated, or under the direct control of the
permittee.
(5) The total space occupied by a house-type trailer or trailers used
under such permit shalf not exceed one percent (1 %) of the total square
footage of the enclosed portion of the bUildIng deSCribed above for the
actlv~ty, prOVided that the space occupIed by the house-type traIler may be
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limited to one house-type trailer used In connectIon wIth any business or
bUSinesses which are related to each other and are. directly or indirectly,
under a common ownership or management. If the space whIch would be
occupied by any house-type traIlers In excess of one IS normally used for
parking of automobiles or has been so used withIn three months of the time
of the application for the permit, and only If the automobIles so displaced
may be accommodated on other off street parking facIlities owned or
controlled by permIttee
(d) Permit Time and Frequency Limits. The permit Issued
hereunder may be extended for a period not to exceed one year, proVided
that In the event of such an extensIon, no further permIt shall be Issued for
use on the same or adjacent premises or on premises owned, operated, or
controlled by the permittee or hiS or her successor or successors In Interest
for a perrod of two years succeeding expiration of the extended permit
8.08.130 Bracing of Water Heaters.
Prior to any bUilding sale, or as part of any bUlldmg permit or inspection
earned out by the BUilding and Safety DIVISion, all water heaters shall be
braced 10 conformance WIth the minimum standards established by the
DIVISion of the State Architect or CalifornIa BUilding Code
8.08.140 Building Addresses.
(a) Frontage to be Numbered. All lands and lots Within the City now
platted or which hereafter are platted shall have numbers aSSIgned to each
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space of twenty feet frontage on any street within or bordenng upon the
same and such number shall be affixed to all bUildings thereon or which may
hereafter be erected thereon
(b) System of Numbering. One hundred numbers shall be assIgned
to each and every block between streets and avenues and wherever such
streets and avenues do not extend through any platted or unplatted lands,
the number shall be assigned to the spaces between such streets If
extended through such lands
(c) Information. The City Engineer shall assign the numbers to all
lands now platted and all lands which may hereafter be platted, and shall
Indicate the same upon an official City map, and file a copy of the same With
the BUilding Officer The owners of property Within the City shall apply to
saId BUilding Officer and be furnished With appropnate assIgned numbers,
WIthout charge therefor
To facIlitate emergency services and record keeping, the BUilding
OffIcer shall assign only one numencal address for any new bUilding
Portions of a bUilding divided for separate tenants shall use Unit numbers or
letters subordinate to the main numencal address Addresses shall not be
assigned to accessory structures
Section 3 Chapter 8 12 of the Santa Monica MunIcipal Code IS amended to read
as follows
21
Chapter 8.12 Building Code
8.12.010 Adoption.
That certain document entitled "California BUilding Code, 1998
Edition, which adopts by reference the Uniform BUilding Code, Volumes 1
and 2, 1997 Edition", as published by the California BUlldmg Standards
Commission and the International Conference of BUilding OffiCIals Includmg
"Maps of Known Active Fault Near-Source Fault Zones m California and
Adjacent Portions of Nevada", as published by the InternatIonal Conference
of BUIlding OffiCials, are hereby adopted With the local amendments and
proVIsions of this Chapter, and Chapters 8 16,820,848,8 56 through 880,
and 8 84 of the Santa MOnica MUnicipal Code. as the BUlldmg Code of the
City of Santa MOnica
8.12.020
Local Amendments tathe California Building Code.
Notwithstanding any prOVISions of the California BUlldmg Code,
California BUlldmg Standards Code, State Housing Law or other codes
adopted by any Chapter in Article VII I of the Municipal Code to the contrary,
the follOWing local amendments shall apply
8.12.030
Additional Appendix Chapters
The follOWing appendixes or portions of the Uniform BUlldmg Code,
1997 Edition, as published by the International Conference of BUlldmg
OffiCials, are hereby adopted by reference as amendments to the California
BUilding Code
J~
~-'
(1) Appendix Chapters A3-A- Use or Occupancy:
(2) DIvIsion II-AviatIOn Control Towers of Appendix Chapter A4,
(3) DIvISion II A-Sound Control Transmission of Appendix Chapter
A12,
(4) Appendix Chapter A15-Re-roofrng,
(5) Appendix Chapter A 16-Structural Forces,
(6) Append IX Chapter A 18-Waterproofing and Damproofing
Foundations,
(7) Appendix Chapter A-29-Mlnrmum Plumbing Fixtures:
(8) DivISion II-Membrane Structures of Appendix Chapter A31,
(9) Appendix Chapter A33-Excavatlon and Grading,
(10) Appendix Chapter A34-Exlstmg BUlldmgs,
(11) Volume 3, Material, Testmg and Installation Standards,
(12) all related matenal, testing and installation standards referenced
In the Unrform BUildIng Code, Volumes 1,2 and 3
8.12.040 Essential Facilities. The followmg faCIlities are deSignated
as essential faCIlities, which are necessary for emergency operations
subsequent to a natural dIsaster Santa MonIca Police Department, Santa
MOnica City Hall, Santa Monrca Municipal Airport AdministratIon BUlldmg,
AIrfIeld Maintenance BUilding, fixed base operator bUilding, runway and
control tower, Santa Monrca Anrmal Shelter, Santa Monrca CIVIC Audltorrum,
the Ken Edwards Center, Santa Monrca Main Library, Santa MOnica Public
24
Works Yard, Santa MOnica Transfer Station, Santa Monica Fire Training
Center, the structures located In the Santa MOnica Recreation and Park
facllltres at Lmcoln Park except Miles Playhouse, Marine Park, Memorial
Park, and Virginia Park, Police Activity League, Senior Recreation Center.
Santa MOnica Municipal Bus Lines Grounds and Maintenance BUlldmg and
Admrnlstratlon BUilding, Moss Avenue Sewer Pumping Station, Arcadia
Water Treatment Plant, Charnock Pumping Station, Mt Olivette ReservoIr,
and RIViera Golf Course Reservoir
8.12.050
Supplemental Land Hazard Zone Requirements.
In additIon to those areas recognized under the State SeismiC
Hazards Mappmg Act, certam portIons of the City are hereby established as
SeismiC Hazard Zones and Geologic Hazard Zones SaId zones shall be
known as outlined, Illustrated and desIgnated In the Safety Element of the
General Plan on the Dlstnctrng Maps Said maps together With all legends,
mdlces and explanatory notes thereon IS hereby made a part of these codes
It IS further provided that adjustments and changes may be made hereafter
In the boundanes of said zones by the BUildIng Officer to Implement the
Safety Element ofthe General Plan as additional geologiC or subgrade data
IS made public
For the purposes of these codes, all construction Within the scope of
these codes that IS Within a Land Hazard Zone shall be subject to special
design reqUirements which are necessary to effect the stated purpose of
..,-
.:oJ
these codes Special design requirements shall conform to the gUldelmes
of the CalIfornia Department of Conservation, DIvIsion of Mmes and
Geology
8.12.060 Guardrails for Open able Windows.
SectIon 509 1 of the California BUilding Code IS amended to read as
follows
509.1 Where Required. Unenclosed floor and roof openings,
open and glazed Sides of stairways, aisles, landings and ramps, balCOnies
or porches, which are more than 30 Inches above grade or floor below,
openable windows whose Sill height IS less than the reqUired height of a
guardraIl, and roofs used for other than service of the bUilding shall be
protected by a guardrail
Section 4 Chapter 8 16 IS hereby added to the Santa MOnica MUnicipal Code to
read as follows
Chapter 8.16 Supplemental Seismic Provisions.
8.16.010 Application. Notwlthstandmg any provIsions of the
California BUilding Code, Umform BUilding Code or other codes adopted by
any chapter In Article VIII ofthls Code to the contrary, the local amendments
In thiS Chapter shall apply
8.16.020 Construction Quality Assurance. Section 1702 ofthe
California BUilding Code, and Section 307 of the Uniform Admmlstratlve
26
Code are amended to read as follows:
Structural Observation. Structural observation shall be proVided
when one of the following conditions eXists
1 The structure IS defined In Table 16-K as Occupancy Category 1,2
or 3
2 The structure IS required to comply with Section 403
3 The seismiC load resisting system of the structure IS constructed,
altered I retrofitted or repaired In accordance with a structural design proVided
by a licensed architect or registered engineer
4 When so deSignated by the architect or engineer of record, or
5 When such observation IS specifically reqUired by the BUilding
Officer
The owner shaH employ the engineer or architect responsible for the
structural deSign, or another engIneer or architect deSIgnated by the
engIneer or archItect responsible for the structural deSign to perform
structural observation as defined In Section 220 and herein
The owner or owner's representative shall coordinate and hold a
preconstructlon meetmg between the engineer or architect responsible for
the structural deSign, structural observer, contractor, affected subcontractors
and special Inspectors The structural observer shall preSide over the
meeting The purpose of the meeting shall be to Identify the maJor structural
elements and connections that affect the vertical and lateral load systems of
27
the structure and to revIew scheduling of the required observations A record
of the meetmg shall be Included In the first observation report submitted to
the BUilding Officer
Observed defiCiencies shall be reported In wntlng to the owner's
representative, special Inspector, contractor and the BUilding Officer Upon
the form prescnbed by the BUilding Officer, the structural observer shall
submIt to the BUilding Officer a wntten statement at each Significant
construction stage stating that the sIte VISit has been made and Identrfymg
any reported defiCiencies that, to the best of the structural observer's
knowledge, have not been resolved A final report by the structural observer
which accurately states that all observed defiCienCies have been resolved IS
required before acceptance of the work by the BUilding Officer
8.16.030 Roof Covering-Special Requirements. SectIons
1507 1 1 and 1507 7 1 of the California BUilding Code, 1998 Edition are
hereby adopted and shall apply to all occupancies
8.16.040
Concrete and Masonry ChimneysNeneer.
(a) Alteration and Repair Standards. Section 1806 6 1 of the
California BUlldmg Code IS amended by addIng thereto as forlows
Notwithstanding any other provIsions of thiS code, when the fair
market value of the cost to alter or repair an eXlstmg masonry or concrete
chimney exceeds 10 percent of the fair market value of Its replacement cost
Within any 12-month penod, the entire chimney structure and Its anchorage
28
to the structure shall comply With the current reqUirements of this code
(b) Reinforcmg And Seismic Anchorage Section 310243 of the
California BUilding Code IS amended to read as follows
Every element of a masonry or concrete chImney, flue, fIreplace, or
barbeque that extends 6 feet (1829 mm) or more above grade or that IS part
of a bUilding and all masonry veneer that extends more than 5 feet above
adjacent grade shalf be designed In accordance With Chapters 16, 18, 19,
21and 22
(c) Construction requirements NotwithstandIng Section 210462
of the California BUildIng Code to the contrary, every element of a masonry
or concrete chimney, flue, fireplace or barbeque that extends 6 feet (1829
mm) or more above grade or that IS part of a bUlldmg shalf not substitute
mortar of pounng consIstency for grout
8.16.050
Steel Construction.
(a) Proper Standard. The reference standard for DIvISion IV of
Chapter 22 of the California Building Code, its title and first paragraph are
amended to read as follows
Division IV - Seismic Provisions for Structural Steel Buildings
Based on Seismic Provisions for Structural Steel Buildings,
of the American Institute of Steel Construction, Parts I and III
(April 15, 1997)
(b) Adoption. Section 2210 of the CalifornIa BUlldmg Code IS
29
amended to read as follows
Except for the modifications as set forth In Section 2211 and 2212 of
this diVISion and the requirements of the bUilding code, the seismiC design,
fabncatlon, and erection of structural steel shalf be In accordance with the
Seismic ProvIsions for Structural Steel BUildings, Aprr115, 1997 published by
the Amencan Institute of Steel Construction, 1 East Wacker Dnve, SUite
3100, Chicago, IL 60601, as If set out at length herein The adoption of
Seismic ProvIsions for Structural Steel BUildings In thiS DIVISion, hereinafter
referred to as AISC-Selsmlc, shall Include Part I (LRFD) and Part III (ASD)
Where other codes, standards, or specificatIons are referred to In thiS
specification, they are to be considered as only an rndlcatlon of an
acceptable method or matenal that can be used wIth the approval of the
BUilding Officer
(c) Design Methods. SectIon 2211 of the California BUilding Code IS
amended to read as follows:
When the load combmatlons from Section 1612 2 for LRFD are used,
structural steel bUildings shalf be deSigned In accordance with Chapter 22
DIVIsion II (AISC-LRFD) and Part I of AISC Seismic as modifIed by thiS
DIVIsion
When the load combrnatlons from Section 1612 3 for ASD are used,
structural steel bUildings shall be deSigned In accordance with Chapter 22
DIVision III (AISC-ASD) and Part III of AISC-Selsmlc as modified by thiSr
30
DIVISion
(d) Allowable Stress Design. DIvIsion V, wIth SectIons 2212,2213
and 2214. IS deleted and not adopted In Its entIrety.
(e) Amendments to the AISC Seismic Provisions. Section 2212 IS
hereby added to DIvISion IV as follows
The AISC SeismiC ProVISions adopted by this DIvIsion apply to the
seismiC design of structural steel members except as modified by this
Section
The terms shown In Table 8 16-A that appear In AISC SeismiC shall
be taken as Indicated In the 1998 California BUlldmg Code
Table 8 16-A
AISC SeismiC 1998 California BUilding Code
SeismiC Force Resisting System Lateral Force Resisting System
DesIgn Earthquake Design BasIs Ground Motion
Load Combinations 4-1 Chapter 16 Eq 12-17
Load Combmatlons 4-2 Chapter 16 Eq 12-18
LRFD Spec Section A4-1 Chapter 16 Eq 12-1
LRFD Spec -Section A4-2 Chapter 16 Eq 12-2
LRFD Spec -Section A4-3 Chapter 16 Eq 12-3
LRFD Spec -Section A4-4 Chapter 16 Eq 12-4
LRFD Spec -Section A4-5 Chapter 16 Eq 12-5
LRFD Spec -Section A4-6 Chapter 16 Eq 12-6
OoQE Em
31
The AISC Seismic ProvIsIons are modIfied as follows
Part I
1 SCOPE
These ProvIsions are Intended for the design and construction of
structural steel members and connections In the SeIsmic Force ReSisting
Systems In bUildings for which the deSign forces resulting from earthquake
motions have been determined on the baSIS of vanous levels of energy diS-
Sipation In the melastlc range of response These ProvIsions shall apply to
all bUlldmgs
These ProvIsions shall be applied In conjunction with Chapter 22,
DIVIsion II I hereinafter referred to as the LRFD Specification All members
and connections m the Lateral Force ReSisting System shall have a deSign
strength as proVided In the LRFD Specification to resist Load Combinations
12-1 through 12-6 (m Chapter 16) and shall meet the reqUirements In these
PrOVISions Part I mcfudes a Glossary, which IS specifically applicable to thiS
Part, and Appendix S
Loads and Load Combmatlons
The loads and load combmatlons shaff be those In Section 1612 2
except as modIfied throughout these ProvIsions
(f) Near Source Factors. Item 4 of Section 1629 4 2 of the
CalifornIa BUilding Code IS amended to read as follows
4 The prOVISIons In Sections 9 6 a and 9 6 b of AISC- SeismIc Part
32
I shall not apply, except for columns In one-story buildings or columns at the
top story of multistory bUildings
(g) Detailing Requirements. Items 5 and Item 6 of Section
1630 8 2 2 of the California BUlldmg Code are amended to read as follows
5 Not adopted
6 Steel elements designed pnmanly as flexural members or trusses
shall have braCing for both top and bottom beam flanges or chords at the
location of the support of the discontinuous system
(h) Structural Systems. The R value shown In the third column of
Table 16-N of the CalIfornia BUilding Code for ordinary moment-resisting
frames constructed of steel IS hereby amended to read as the value (4)
mstead of (4 5) and the Footnote 6 for Table 16-N IS hereby amended to
read as follows
6 In SeismiC Zones 3 and 4 steel OMFs are permitted as follows
(a) Where the near source factor N a equals one, structures are
permitted to a height of 35 feet or for Single story bUildings where the
moment JOints of field connections are constructed of bolted end plates and
the dead load of the roof does not exceed 15 psf , the height IS permitted to
be Increased to 60 feet The dead weight of the portion of walls more than
35 feet above the base shall not exceed 15 psf
(b) Where the near source factor Na IS greater than one, structures are
permitted to a height of 35 feet where the dead weight of the floors, walls
33
and roof do not exceed 15 psf
(I) Special Inspection. Item 52 ofSectron 1701 5 52 of the CalIfornia
BUIlding Code IS amended to read
Steel Lateral Force Resistmg Systems. In Seismic Zones 3 and 4,
welded JOints In Special. Ordmary and Special Truss Moment Frames and m
SpecIal and Ordinary Concentncally Braced Frames and in Eccentrically
Braced Frames that are part of the Lateral Force Resisting System shall be
Inspected m accordance with Section 1701 5 Item 5 1 and AISC-Selsmlc Part
I Section 16 In addition to Item 5 1 requirements, nondestructIve testing as
required by Section 1703 of thIs code.
(J) Nondestructive Testing. The first paragraph of Section 1703 of
the California BUilding Code IS amended to read
In SeIsmIc Zones 3 and 4. all complete-jomt-penetratlon groove and
partlal-Jomt-penetratlon groove welded JOints m SpeCial, OrdInary and SpeCial
Truss Moment Frames and In SpeCial and Ordmary Concentncally Braced
Frames and In Eccentrically Braced Frames that are subject to net tenSile
forces as part of the Lateral Force Resisting System shall be tested In
accordance with AISC SeismIC Part I Section 16 This testing shall be a part
of the speCIal inspection reqUIrements of SectIOn 1701 5 A program for this
testing shall be established by the person responsible for structural design
and as shown on plans and speCifications
34
(k) Design Methods. Section 2204 of the California BUilding Code
IS amended to read as follows
DesIgn shall be by one of the following methods
2204 1 Load and Resistance Factor DesIgn Steel design based on
load and resistance factor design methods shall resist the factored load
combinations of Section 16122 In accordance with the applicable
requIrements of Section 2205
2204 2 Allowable Stress Design Steel design based on allowable
stress design methods shall resist the factored load combmatlons of Section
1612 3 m accordance With the applicable requirements of Section 2205
(I) Design and Construction Provisions. SectIon 2205 3 of the
California BUlldmg Code IS amended to read as follows
SeIsmiC Design ProvIsions for Structural Steel Steel structural
elements that resist seismiC forces shall, m addltron to the requirements of
Section 2205 2, be designed In accordance WIth DIVISion IV
(m) Steel Stud Wall Systems. DIVISion VIII-Lateral ReSistance for
Steel Stud Wall Systems of the California BUilding Code IS deleted In ItS
entirety
8.16.060
Wood Construction.
(a) Foundations.
(1) General Limits of Wood Foundations. The first paragraph of
Section 1806 1 of the California BUlldmg Code IS amended to read as
35
follows:
Footing and foundatIons, other than treated wood piles, shall be
constructed of masonry or concrete, shall be supported on native
undisturbed materials or approved certified fill, and shall extend below the
frost line Footings of concrete and masonry shall be of solid matenal
Foundations supporting wood shall extend at least 6 Inches (152 mm) above
the adjacent finish grade Footmgs shall have a minimum depth as Indicated
In Table 18-I-C, unless another depth IS recommended by a foundatIon
mvestlgatlOn
(2) Specific Limits of Wood Foundations Supporting Masonry or
Concrete.
Exception 3 of Section 2307 of the California BUilding Code IS
amended to read as follows
3 Veneer used as an Interior wall finish may be supported on wood
floors that are designed to support the additional load and designed to limit
the deflection and shrinkage to 1/600th of the span of the supportmg
members
(3) Retainmg Walls. Section 2306 11 of the California BUilding Code
IS deleted In ItS entirety
(b) Connections
(1) Foundation Sill Plate Anchorage. Item 2 of Section 1806 6 1 of
the California BUilding Code IS amended to read as follows
36
2 Steel plate washers of minimum size and thickness as specified
In Table 23-II-L shall be used on each bolt
(2) Hold-down Connectors For design of shear walls, struts,
collectors and diaphragm anchorage, hold-down connectors shall use
approved cyclic load values Deformations of hold-down connectors at their
ultimate cyclic loads shall demonstrate deformations compatible to adJommg
elements Connector bolts mto wood frammg shall require steel plate
washers m accordance with Table 23-II-L All hold-down connectors shall be
re-tlghtened Just pnor to enclosure of the structure
(3) Plate Washer Sizes. Chapter 23 of the California BUlldmg Code
IS hereby amended by adding the followmg table
Table 23-II-L Minimum Size for Square Plate Washers
Bolt Size Plate Washer Size
%" 3/16" x 2" x 2"
5/8" 1/4" x 2-112" x 2-1/2"
3/4" 5/16" x 2-3/4" x 2-3/4"
7/8" 5/16" x 3" x 3"
1" 3/8" x 3-1/2" x 3-1/2"
(c) Shear Walls and Diaphragms
(i) Concrete and Masonry Wall Anchorage. SectIOn 1633 2 90fthe
California BUIlding Code IS amended by addmg thereto as follows
8 When deslgmng the diaphragm to comply with the reqUIrements
37
stated In Item 7 above, the return walls, fins or canopIes at entrances shall
be designed for seismiC deflection To ensure deflection compatibility with
the diaphragm, the return walls and fins or canopies at entrances shall be
either seIsmically Isolated or attached to the diaphragm by Integrating Its
loads
9 The spacing of continuous ties required In Item 4 above shall not
exceed 25 feet (7620 mm)
10 The maximum diaphragm shear used to determine the depth of
the subdlaphragm shall not exceed 300 pounds per foot (3 65 kNJrn)
(2) Particleboard and Fiberboard Shear Walls and Diaphragms.
The follOWing portions of the Calrfornla BUilding Code are hereby deleted In
theIr entirety
(A) Sections 231555,23194,231556, and 23195
(B) the reference to "Particleboard vertical diaphragms" In SectIon
2315 1
(C) Tables 23-II-B-1,23-1I-1-2, and 23-II-J
(3) Plaster and Gypsum Shear Walls. Section 2513 and Table 25-1
of the California BUilding Code are hereby deleted In their entirety
(4) Structural Wood Panel Shear Walls. To accou nt for the strength
losses due to the cyclic nature of seIsmiC loadmg and to provide reasonable
dnft control, the allowable non-cyclIC shear values of CalifornIa BUlldmg Code
Table 23-11-1-1 or those calculated by the princIples of mechanics, shall be
38
reduced 25% For shear walls constructed with wood structural panels of 3-
ply constructIon, the maximum allowable shear shall be limited to 200
pounds per foot No value shall be given for wood structural sheathIng
applied over gypsum or plaster sheathing
(5) Fasteners. Fasteners for wood structural panel sheathmg on
shear walls and diaphragms shall be common nails wIth full heads unless
otherwIse approved Mechanrcally driven common nails may be used when
the fastener meets the same tolerances for head, shank and length allowed
In ASTM 1667 for hand-dnven nails
Nalls shall be placed a minimum of ~ Inch from the panel edges and
a minimum of %-Inch from the edge of the connecting members for shear
greater than 300 pounds per foot
(6) Drift Control. Wood structural panel shear walls shall meet the
story dnft limitation of Section 1630 102 of the California BUlldmg Code
Conformance to the story dnft limitation shall be determined by approved
cyclic testing or calculation or analogies drawn therefrom and not the use of
helght-to-wldth ratios
Deflection calculated according to Uniform BuIlding Code Standard
23-2, Section 23223, "CalculatIon of Shear Wall Deflection," shall be
Increased 25 percent to account for InelastIc action and repetitive loading
Calculated deflection shall Include the contnbutlon to the deflectIon from
anchor or tIe down slippage The slippage contnbutlon shall Include the
39
vertical elongation of the metal, the vertical slippage of the fasteners and
compression or shrinkage of the wood elements The total vertical slippage
shall be multiplied by the helght-to-wldth ratio of the shear wall and added
to the total hOrizontal deflection
(7) limits on Rotation and Cantilever of Diaphragms. Except as
permitted below, lumber and wood structural panel diaphragms shall not be
considered as transmlttmg lateral forces by rotation
Transfer of lateral forces by rotation will be permItted for one-story,
attached or detached reSidentIal garages or similar Group U, DIvIsion 1
wood-framed structures wIth a maximum depth normal to the open side of
25 feet and a maximum width of 25 feet provided the diaphragm IS not
constructed of straight sheathmg
Cantilevered dIaphragms supporting floors or roofs above shall not
exceed 15 percent of the distance between lines of lateral-Ioad-reslstmg
elements from which the diaphragm cantilevers The depth to Width ratio of
the cantilevered portion of the diaphragm shall not be less than 4 1
(d) Conventional Light Frame Construction.
(1) limits. For DIVISion IV-Conventional light Frame Construction of
Chapter 23 of the California BUilding Code, only the follOWing structures may
be constructed without an engineering analysIs per Chapters 16, 18, 19, 21,
22 and 23 of the California BUildIng Code as amended by the City of Santa
MOnica
40
1 One story bUlldmgs housing Group R or U occupancIes when all
of the following conditions eXist
a The first floor framing IS supported directly on the foundation sill
plate or the floor IS of slab-on-grade construction
b The surface of the adJoining ground does not slope more than 1
unit vertical In 10 units honzontal and the elevation of any floor does not
change
c When present, anchored masonry or stone wall veneer does not
extend more than five feet above adjacent grade
d The weight of the roof structure does not exceed fifteen (15)
pounds per square foot and the weight of the roofing materials does not
exceed SIX (6) pounds per foot
e The floor area of the structure or addition does not exceed fifteen
hundred (1,500) square feet
2 For all occupancies, Intenor nonbeanng walls per California BUilding
Code Table 23-IV-B, when proper lateral support IS proVided as determined
by the BUilding Officer
3 For all occupancies, roof ratters, ceiling or floor JOists whose spans
and loading conform to the appropriate span tables within DIvIsion IV of the
California BUIlding Code as determined by the BUilding Officer
(2) Braced Wall Lines. BUildings shall be prOVided with extenor and
Interior braced wall lines that are supported on continuous foundations and
41
spaced no more than 25 feet on center m both the longitudinal and
transverse directIons
(3) Braced Wall Construction. All braced wall lines shall be
completely sheathed throughout their entire height and length with 15/32-
Inch Structural 1 grade plywood sheathIng Framing members for braced wall
lines shall consIst of douglas fIr-larch Studs shall be spaced a maximum of
16-mches on center
Sheathmg nails shall be full headed 10d common nalls, placed 1/2
Inch from panel edges and spaced not more than 4 Inches on center at
edges and 12 mches on center along Intermediate framing members Sole
plate nallmg to JOist or blocking shall use 16d common nails through a
maximum 3/4-mch nommal sheathing
Braced wall panels that extend the full heIght of the wall and do not
exceed a helght-to-wldth ratio of 2 1 shalf be spaced a maximum of 12 feet
on center throughout all braced wall lines
Section 5 Chapter 8 20 IS hereby added to the Santa MOnica MUnicipal Code to
read as follows
Chapter 8.20 Special Provisions for Hillside Buildings.
8.20.010 Application Notwlthstandmg any proVIsIons of the
Uniform BUlldmg Code, California BUilding Code or other codes adopted by
any chapter In Article VIII of this Code to the contrary, the local amendments
42
In this Chapter shall apply to the design and construction of all hillside
bUildIngs as defmed herein
8.20.020 Purpose. The purpose of this Section IS to establish
minimum regulations for the deSign and construction of new bUildings and
additions to eXistIng bUildings when constructing such bUIldings on or Into
slopes steeper than three honzontal to one vertical These regulations
establish minimum standards for seismIC force resistance to reduce the fisk
of Injury or loss of life In the event of earthquakes
8.20.030 Scope. The provIsions of thiS Section shall apply to the
deSign of the lateral force resisting system for hillSide bUildings at and below
the base level diaphragm The deSign of the lateral force resIsting system
above the base level diaphragm shall be In accordance with the provIsions
for seismiC and Wind deSIgn as required elsewhere In thIS Chapter and the
Callforma BUilding Code as amended by the CIty of Santa MOnica
Non-habItable accessory bUlldmgs and decks not supportmg or
supported from the maIO bUlldmg are exempt from these regulations
8.20.040 Definitions. For the purposes of thiS Chapter certain
terms are defined as follows
Base level Diaphragm IS the floor at, or closest to, the top of the
highest level of the foundation
Diaphragm Anchors are assemblIes that connect a diaphragm to the
adJacent foundation at the uphill diaphragm edge
43
Downhill Direction IS the descendmg dIrection of the slope
approximately perpendIcular to the slope contours
Foundation IS concrete or masonry whIch supports a bUlldmg I
Including footings, stem walls. retainIng walls, and grade beams
Foundation Extending in the Downhill Direction IS a foundation
running downhill and approxImately perpendIcular to the uphill foundation
HIllside Building IS any wood frame burldlng or portion thereof
constructed on or Into a slope steeper than three hOrizontal to one vertical
If only a portion of the bUlldmg IS supported on or Into the slope, these
regulations apply to the entire bUilding
Primary Anchors are diaphragm anchors desIgned for and provldmg
a direct connection between the diaphragm and the uphIll foundation as
desCribed m Sections 8 20 050(c) and 8 20 050(e)(3)
Secondary Anchors are diaphragm anchors desIgned for and
prOVIding a redundant diaphragm to foundation connection, as descnbed In
Sections 8 20 050(d) and 820 050(e)(4)
Wood Frame Building IS any bUildIng whose basIc structural system
IS a beanng wall system and whose lateral-foree-reslstmg system IS mostly
light framed walls with shear panels but may also conSist, In lesser part, of
braced frames, moment frames or cantilevered column elements
Uphill Diaphragm Edge IS the edge of the diaphragm adjacent and
closest to the hIghest ground level at the penmeter of the diaphragm
44
Uphill Foundation IS the foundation parallel and closest to the uphill
diaphragm edge
8.20.050 Analysis and Design.
(a) General. Every hillside bUilding withIn the scope of this Section
shall be analyzed, deSigned, and constructed In accordance with the
provIsions of this Chapter When the code-prescribed wind deSign produces
greater effects, the wind deSIgn shall govern, but detailing reqUirements and
limitations prescribed In this and referenced Sections shalf be followed
(b) Base Level Diaphragm-Downhill Direction. The follOWing
proVIsions shall apply to the seismiC analYSIS and deSign of the connections
for the base level diaphragm In the downhIll direction
(1) Base for Lateral Force DeSign Defined. For seIsmiC forces
acting In the downhill dIrection, the base of the bUilding shalf be the floor at
or closest to the top of the highest level of the foundatIon
(2) Base Shear. In developing the base shear for seismic design, the
lateral-foree-resisting system factor (R) shall not exceed 4 5 for bearing wall
and bUilding frame systems The total base shear shall Include the forces
tnbutary to the base level dIaphragm including forces from the base level
diaphragm
(c) Base Shear Resistance-Primary Anchors.
(1) General. The base shear In the downhIll direction shall be
resisted through primary anchors from dIaphragm struts provided In the base
45
level diaphragm to the foundation
(2) location of Primary Anchors. A pnmary anchor and diaphragm
strut shall be provIded In line with each foundation extending In the downhill
directIOn Pnmary anchors and diaphragm struts shall also be provided
where Intenor vertical lateral force resisting elements occur above and In
contact with the base level diaphragm The spacing of prrmary anchors and
diaphragm struts or collectors shall In no case exceed 30 feet
(3) Design of Primary Anchors and Diaphragm Struts. Pnmary
anchors and diaphragm struts shall be deSigned In accordance WIth the
reqUirements of Section 8 20 050(f)
(4) Limitations. The followmg lateral force reslstmg elements shall
not be deSigned to resIst seismiC forces below the base level diaphragm m
the downhill direction
a Wood structural panel wall sheathIng
b Cement plaster and lath
c Gypsum wallboard
d TenSion only braced frames
Braced frames deSIgned In accordance With the requirements of
Chapter 22 of the Callforma BUilding Code as amended herem may be used
to transfer forces from the primary anchors and diaphragm struts to the
foundation, proVided lateral forces do not Induce flexural stresses In any
member of the frame or In the diaphragm struts Deflections of frames shall
46
account for the vanatlon In slope of diagonal members when the frame IS not
rectangular
(d) Base Shear Resistance-Secondary Anchors.
(1) General. In addition to the primary anchors required by Section
8 20 050( c), the base shear In the downhill direction shalf be resisted throug h
secondary anchors In the uphill foundatIon connected to diaphragm struts In
the base level diaphragm
Exception: Secondary anchors are not reqUired where foundations
extending In the downhIll direction spaced at not more than 30 feet on
center. extend up to and are directly connected to the base level diaphragm
for at least 70% of the diaphragm depth
(2) Secondary Anchor Capacity and Spacing. Secondary anchors
at the base level diaphragm shall be designed for a minimum force equal to
the base shear, including forces tnbutary to the base level diaphragm, but
not less than 600 pounds per lineal foot at allowable load Ing The secondary
anchors shalf be uniformly dlstnbuted along the uphIll diaphragm edge and
shall be spaced a maximum of four feet on center
(3) Design. Secondary anchors and diaphragm struts shalf be
designed In accordance with Section 8 20 050(f)
(e) Diaphragms Below the Base level-Downhill Direction. The
following provIsions shall apply to the lateral analysIs and design of the
connections for all diaphragms below the base level diaphragm In the
47
downhill dIrection
(1) Diaphragm Defined. Forthe purposes ofthls Section, every floor
level below the base level diaphragm shall be designed as a diaphragm
(2) Design Force. Each dIaphragm below the base level diaphragm
shall be designed for all tnbutary loads at that level usmg a minimum seismIC
force factor not less than the base shear coeffiCient
(3) Design Force Resistance-Primary Anchors. The design force
described above shall be resisted through pnmary anchors from diaphragm
struts provided In each diaphragm to the foundation Primary anchors shall
be proVided and designed In accordance With the requirements and
limitations of Section 820 050(c)
(4) Design Force Resistance-Secondary Anchors.
(A) General. In addItion to the primary anchors required above, the
deSign force In the downhill direction shall be resisted through secondary
anchors In the uphill foundation connected to diaphragm struts In each
diaphragm below the base level
Exception: Secondary anchors are not reqUired where foundations
extending In the downhIll direction, spaced at not more than 30 feet on
center, extend up to and are directly connected to each diaphragm below the
base level for at least 70% of the dIaphragm depth
(8) Secondary Anchor Capacity. Secondary anchors at each
diaphragm below the base level diaphragm shall be deSigned for a minimum
48
force equal to the design force but not less than 300 pounds per lineal foot
at allowable loading The secondary anchors shall be uniformly distributed
along the uphill diaphragm edge and shall be spaced a maximum offourfeet
on center
(C) Design. Secondary anchors and diaphragm struts shall be
designed m accordance with the provIsions of this Chapter
(f) Primary and Secondary Anchorage and Diaphragm Strut
Design. Pnmary and secondary anchors and diaphragm struts shall be
designed m accordance with the following provIsions
(1) Fasteners. All bolted fasteners used to develop connections to
wood members shall be proVided with square plate washers at all bolt heads
and nuts Washers shall be a minimum of 3/16 mch thIck and two Inches
square for one-half Inch diameter bolts and 1/4 Inch thick and 2-1/2 Inches
square for 5/8 Inch dIameter or larger bolts Nuts shall be wrench-tightened
pnor to covering.
(2) Anchorage. The diaphragm to foundation anchorage shall not be
accomplished by the use of toe nailing. nails subJectto withdrawal, orwood
In cross gram bending or cross gram tension
(3) Size of Wood Members. Wood diaphragm struts. collectors, and
other wood members connected to primary anchors shall not be less than
nominal 3 by members The effects of eccentricity on wood members shall
be evaluated as required per Item 9 below
49
(4) Design. Primary and secondary anchorage, including dIaphragm
struts, splices. and collectors shall be designed for 125% of the tnbutary
force
(5) Allowable Stress Increase. The one-thIrd allowable stress
mcrease permitted under Section 1612 3 2 shalf not be taken when the
working (allowable) stress design method IS used
(6) Seismic Load Factor. The seIsmiC load factor shall be 1 7 for
steel and concrete anchorage when the strength design method IS used
(7) Primary Anchors. The load path for prrmary anchors and
diaphragm struts shalf be fully developed mto the diaphragm and mto the
foundation The foundation must be shown to be adequate to resist the
concentrated loads from the prrmary anchors
(8) Secondary Anchors. The load path for secondary anchors and
diaphragm struts shall be fully developed In the diaphragm but need not be
developed beyond the connection to the foundatIon
(9) Symmetry. All lateral force foundation anchorage and diaphragm
strut connections shalf be symmetrrcal Eccentrrc connections may be
permitted when demonstrated by calculation or tests that all components of
force have been provided for In the structural analySIS or tests
(10) Wood Ledgers. Wood ledgers shall not be used to resISt cross-
grain bendIng or cross-grain tension
50
(9) Lateral Force Resisting Elements Normal to the Downhill
Direction.
(1) General. Seismic force reslstrng elements, acting normal to the
downhill directIon. shall be desIgned In accordance with the requirements of
this SectIon
(2) Base Shear. In developmg the base shear for seismic design, the
structural system factor (R) shall not exceed 4 5 for bearing wall and bUlldrng
frame systems
(3) Vertical Distribution of Seismic Forces. For seismIC forces
actrng normal to the downhill direction, the distribution of seismic forces over
the height of the building, uSing Section 16305 of the California BUlldmg
Code, shall be determined uSing the height measured from the top of the
lowest level of the bUlldmg foundation to the top of the utmost roof
dIaphragm
(4) Drift Limitations. The story drift under allowable loading below
the base level diaphragm shall not exceed 0005 times the story height The
total dnft from the base level diaphragm to the top of the foundation shall not
exceed 3/4 Inch Where the story height or the height from the base level
diaphragm to the top of the foundation vanes because of a stepped footing
or story offset. the height shall be measured from the average height of the
top of the foundation The story drift shall not be reduced by the effect of
hOrizontal diaphragm stiffness
5]
Where code-prescnbed wind forces govern the design of the lateral
force reslstmg system normal to the downhill directIon, the dnft limitation shall
be 0 0025 for the story dnft and the total dnft from the base level diaphragm
to the top of the foundation may exceed 3/4 Inch when approved by the
BUilding Officer In no case, however, shall the dnft limitatIons for seismic
forces be exceeded
(5) Distribution of Lateral Forces.
(A) General. The design lateral force shall be dlstnbuted to lateral
force resisting elements of varying heights In accordance With the stiffness
of each individual element
(8) Wood Structural Panel Sheathed Walls. The stiffness of a
stepped wood structural panel shear wall may be determined by diVidIng the
wall Into adjacent rectangular elements, subject to the same top of wall
deflectIon Deflections of shear waifs shalf be determined pursuant to
Section 8 16060 Sheathing and fastening requirements for the stIffest
Section shall be used for the entire wall Each Section of wall shall be
anchored for shear and uplift at each step The minImum honzontal length
of a step shall be eight feet and the maximum vertical height of a step shall
be two feet, eIght Inches
(C) Reinforced Concrete or Masonry Shear Walls. Reinforced
concrete or masonry shear waifs shalf have forces distributed In proportion
to the ngldlty of each section of the wall
52
(D) Limitations. The following lateral force resisting elements shall
not be designed to resist lateral forces below the base level diaphragm In the
dIrection normal to the downhill direction
1 Cement plaster and lath
2 Gypsum wallboard
3 Tension only braced frames
Braced frames designed In accordance wIth the requrrements of the
California BUilding Code as amended by the City of Santa MOnica may be
designed as lateral force reslstmg elements In the direction normal to the
downhill directIon proVided lateral forces do not Induce flexural stresses In
any member of the frame Deflections of frames shall account for the
vanatlon In slope of diagonal members when the frame IS not rectangular
(h) Specific Design Provisions.
(1) Footmgs and Grade Beams. All footings and grade beams shall
comply with the follOWing
(A) Grade beams shall extend at least 12 Inches below the lowest
adjacent grade and prOVide a minimum 24-lnch distance honzontally from the
bottom outSide face of the grade beam to the face of the descending slope
(B) Continuous footings shall be reInforced With at least two Y2 Inch
nominal diameter steel remforclng bars at the top and two at the bottom
(C) All main footmg and grade beam reinforcement steel shall be bent
Into the Intersecting footIng and fully developed around each corner and
,,~
-~
Intersection
(0) All concrete stem walls shall extend from the foundation and
shall be reinforced as required for concrete or masonry walls
(2) Protection Against Decay and Termites All wood to earth
separation shall comply With the followmg
(A) Where a footing or grade beam extends across a descendmg
slope, the stem wall, grade beam, or footing shall extend up to a mmlmum
of 18 mches above the highest adjacent grade
Exception: At paved garage and doorway entrances to the bUilding,
the stem wall need only extend to the fmlshed concrete slab, prOVided the
wood framing IS protected With a mOisture proof barrier
(8) Wood ledgers supportIng a vertical load of more than 100 pounds
per lineal foot and located wlthm 48 Inches of adjacent grade are prohibited
Galvamzed steel ledgers and anchor bolts, With or Without wood nailers, or
treated or decay resistant sill plates supported on a concrete or masonry
seat, may be used
(3) Sill Plates. All sill plates and anchorage shalf comply With the
following
(A) All wood framed walls, Includmg nonbeanng walls, when resting
on a footmg, foundation, or grade beam stem wall, shall be supported on
wood sill plates bearing on a level surface
(8) Power driven fasteners shall not be used to anchor Sill plates
54
except at mterlor nonbeanng walls not designed as shear walls
(4) Column Base Plate Anchorage. The base of Isolated wood posts
that supports a vertical load of 4000 pounds or more and the base plate for
a steel column shall comply with the follOWing
(A) When the post or column IS supported on a pedestal extending
above the top of a footing or grade beam, the pedestal shall be designed and
reinforced as reqUired for concrete or masonry columns The pedestal shall
be reinforced With a minimum of four 12 Inch nominal diameter steel
reinforcing bars extending to the bottom of the footing or grade beam The
top of extenor pedestals shall be sloped for pOSitive drainage
(B) The base plate anchor bolts or the embedded portion of the post
base, and the vertical relnforcmg bars forthe pedestal, shall be confined With
two % mch nominal dIameter steel reinforcing bars or three % Inch nommal
dIameter steel reinforcing bar ties Within the top five Inches of the concrete
or masonry pedestal The base plate anchor bolts shall be embedded a
minimum of 20 bolt diameters Into the concrete or masonry pedestal The
base plate anchor bolts and post bases shall be galvanized and each anchor
bolt shall have at least two galvanized nuts above the base plate
(5) Steel Beam to Column Supports. All steel beam to column
supports shall be pOSitively braced In each direction Steel beams shall have
strffener plates Installed on each Side of the beam web at the column The
stiffener plates shall be welded to each beam flange and the beam web
55
Each brace connection or structural member shall consist of at least two %
Inch diameter machine bolts
(I) Special Inspections. In addition to the provIsions of Item 11 of
Section 1701 5 of the California BUilding Code, special inspection shall be
proVided for connecting grade beams and tie beams and the placement of
all primary and secondary anchors
Section 6 Chapter 8 24 of the Santa MOnica MUnicipal Code IS hereby amended
to read as follows
Chapter 8.24 Electrical Code.
8.24.010 Adoption
That certain document entitled "California Electncal Code, 1998
Edition," except Article 89-Admlnlstratlon, as published by the California
BUlldmg Standards CommiSSion and the National Fire Protection
ASSociation, which adopts by reference the National Electncal Code, 1996
Edition, and the local amendments of this Chapter, IS hereby adopted as the
Electncal Code of the City of Santa MOnica
8.24.020 Local Amendments to the California Electrical
Code.
Notwithstanding any provIsions of the California Electncal Code, or
other codes adopted by any Chapter In Article VI I I of the Mun IClpal Code to
the contrary, the followmg local amendments shall apply
56
8.24.030 Wiring.
(a) Wiring methods permitted by the Callforma Electrical Code may be
Installed provided that any wlnng not having metal protection over the
conductors shall be entirely concealed within the bUlldmg structure to prevent
and inhibit tampenng
(b) Cond uctors for general wlnng made of aluminum alloys containing
more than 50% aluminum base metal shall not be permitted In dIameters
smaller than No 6
8.24.040 Electrical Appliances, Devices, Materials and Equip-
ment Regulations.
(a) Use of Approved Materials. No person, fIrm or corporation shall
sell, offer for sale, loan, rent, dispose of by gift or premium, give or otherwise
furnish, proVide or make available for use any electncal material, devIce,
appliance or eqUipment, desIgned or mtended for attachment, directly or
Indirectly, to any electrical system, Circuit or electncal service for light, heat
or power In the City unless such electncal matenal, device, applrance or
equipment complies with the provISions of thiS Chapter The BUlldmg Officer
IS hereby empowered to enforce the proVISions of thiS Chapter
(b) Rating. All electrical materials, deVices, appliances, or eqUIpment
deSigned or Intended for attachment, directly or mdlrectly, to any electrical
system, CirCUit or electrical service for light, heat or power, shall be only
57
those which conform with the reqUirements of thIs Chapter Each such
article shalf bear or contain the maker's name, trademark or Identification
symbol, together With such rating by the manufacturer as may be necessary
to determine the Intended use The correct operating voltage, amperage and
total watts shall be stated and no person shalf remove, alter, deface or
obliterate any such marking
(c) Approvals. All electncal matenals, devices, appliances, or
equipment covered by and Intended to be regulated by thiS Chapter shall
conform to the published National Safety Standards for such materrals,
devices, appliances or equipment on file In the office of the Umted States
Bureau of Standards Copies of these standards are on file In the office of
the Supervising Inspector and shalf be open to inspection by the publiC
Listing orlabehng by the Underwnter's Laboratones, Inc ,orother recogmzed
testing laboratory whose standards are on file With the United States Bureau
of Standards shalf be pnma facie eVidence of conformity With these reqUired
standards Where no such standards eXist for any matenal, device,
appliance or equipment. the BUilding Officer may deSignate a standard for
each article submitted, which shalf specify the tests necessary to proVide the
degree of safety to life and property as IS generally required by the National
Standards for approved matenals, deVices, appliances and equIpment of
SImilar or related character or nature
(d) Revocation. Any approval granted by the BUilding Officer may be
58
revoked If the electrical material, device, applIance, or equipment IS found to
be hazardous, unsuitable for the purpose used or Intended, or does not
conform with the standards under which It was approved for use
(e) Exceptions. The provISIons of this Chapter shall not be deemed
to apply to
(1) Safe, substantial, used or second-hand devices or appliances,
prOVided that all parts or eqUlpments used In rebUilding or reconstruction
shall conform m all particulars with the National Standards for such article,
and prOVided further, that such articles when offered for sale shall have the
same degree of safety to fife and property as may then be reqUired In a new
article of the same type
(2) Electrical materials, devices, appliances and equipment which are
safe and SUitable for the purpose used or mtended. provided such matenals,
devices, appliances and eqUipment are already fully covered and regulated
by eXisting laws and ordinances now In effect
(3) Vehicles or motor vehicle equipment
(4) Industnal or commerCIal appliances which are to be used In a
speCifiC location. and which have been submitted to a recognized laboratory
for approval as conforming to the standards required hereof but on which
final approval IS stili pending, provided, however, that exemption from the
proVISions of thiS Code shall be granted separately for each appliance only
when satisfactory written eVidence has been filed that laboratory approval
59
has been applied for, and shall continue In force only durmg such time as the
BUilding Officer has reason to believe that the testing laboratory will grant
final approval certifying compliance to the prescnbed standards
(5) Generating, transforming or converting devIces or appliances, nor
any device or appliance for measunng or recording current voltage or power
8.24.050 Used Materials.
Previously used matenals shall not be re-used In any work Without the
advance approval of the Burldlng Officer
8.24.060 Temporary Service Poles and Associated Feeder
Poles.
(a) The minimum size of a wood pole used to support service
equipment, dlstnbutlon equipment and/or conductors shall be 6 Inches by 6
Inches (nominal) If square, or have a top diameter of at least 5 Inches If
round, and be of suffiCient length to mamtaln all required overhead
clearances as speCified In the California Electrical Code, Section 225-18, but
In any case, shall not be less than 20 feet long The lower end shall be
embedded not less than 4 feet In the ground An approved self-supporting
pole of a matenal other than wood, If of equivalent strength, may be used
See Electncal Service ReqUirements of the Serving Agency or Serving Utility
for poles exceeding more than 16 feet above grade
Exception: A 4-Inch by 4-Inch (nominal) wood pole, or equivalent,
embedded 4 feet In the ground, shall be permitted for dlstnbutlon poles used
60
to support temporarywlflng for other than construction power In conformance
with Article 305 of the California Electncal Code and located In areas
accessible to pedestnans only.
(b) Provisions for Temporary Services.
(1) Service Equipment. The service equipment including meter
enclosures shall be properly Identified for the Intended use
(2) Wiring Methods. Raceways on temporary service poles shall be
ngld metal condUit, electrical metallic tubing or schedule 80 rigid nonmetallic
conduit The raceways shall be supported at Intervals not to exceed 3 feet
Metallic raceways shall be enclosed by wood molding or nonmetallic cond Ult
not less than 8 feet below the service head
(3) Protective Wood Block. A 4-Inch by 4-Inch protective wood block
shall be through-bolted to wooden poles Immediately above metallic service
heads or open non-Insulated grounded conductors The block shall be
placed In a %-Inch gain on round wood poles
(4) Receptacle Outlets. 120-volt, smgle-phase, 15- and 20-ampere
receptacle outlets shalf have ground-fault Interrupters for personnel
protection Receptacles of different voltage and current ratings shall not be
Interchangeable
See the California Electncal Code. Article 240 for Overcurrent
Protection of Conductors and Article 250 for Grounding and Bonding
req u I rements
61
If a made pipe or rod electrode IS used for grounding, It shall be driven
at least 8 feet Into the earth and spaced at least 18 Inches from the pole
8.24.070 Underground Concrete Vaults and Handholes.
(a) Scope: The follOWing reqUirements apply to the use of specially
constructed underground concrete vaults and to hand holes
(b) Definitions:
(1) Vault. A chamber In an underground condUit distribution system
containing suffiCient working space and an entrance for personnel
(2) Handhole. A chamber smaller than a vault In an underground
condUit dlstnbutlon system having a removable cover and used In lieu of a
listed pull box
(c) Concrete Vault Provisions:
(1) The inSide dimensions of an underground concrete vault shall be
not less than 4 feet In Width and 4 feet In length
(2) The InsIde height shall be not less than 5 feet between the floor
and the top or ceiling
(3) Circular access openings shall be not less than 26 Inches In
diameter and rectangular access openings shall be not less than 24 Inches
by 26 Inches
(4) Vaults shall be Installed only In permanently accessible locations
outside of bUlldmgs
(5) Where exposed to vehicular traffiC, the enclosures and their
62
related covers shall be designed for that purpose
(6) Where subject to inundation or exposure to the elements. covers
shall be sUitably sealed
(7) Conduits shall enter the vault In a manner consistent with the type
of wlnng method used In accordance with the following
(A) CondUits shall enter the enclosure through the walls and be
terminated In a manner that proVides su Itable protection for the type of wiring
method used
(8) CondUits entering the enclosure walls shall terminate not less than
2 Inches from the bottom or one foot from the top
(C) Direct bUrial conductors shall enter the enclosure by means of
condUit nipples which shall be sUitably sealed
(8) SUitable wall supports or racks shall be proVided to secure open
conductors In a fixed pOSitIon 2 Inches or more above the floor
(9) Walls and floors shall be made of concrete haVing a minimum
thIckness of 6 Inches Ceilings shalf be made of concrete haVing a minimum
thickness of 8 Inches Vault dimenSions shall be not less than set forth In
Article 370 of the California Electrical Code
(10) Exposed noncurrent-carrymg metal parts of eqUIpment. conductor
supports or racks, condUits and other metal appurtenances, Including any
metal cover and Its supporting ring, shall be bonded together and connected
to a common ground The size of the grounding means shall be as
63
prescnbed In Section 250-95 of the Callforma Electncal Code Where the run
IS exposed. the grounding conductor shall be not smaller than # 8 AWG
(d) Handholes Provisions.
Except as modifIed by this Subsection, the provIsions of Subsections
(c)-4 through (c)-10 for vaults shall apply to hand holes
(1) The handhold shall be so designed that the conductors may be
pulled, spliced or otherwise handled Without requiring a person to enter the
enclosure
(2) The minImum depth of hand holes shall be 18 Inches and the WIdth
shall not be less than half the depth Handholes shall not exceed three foot
In depth from finish grade to the bottom of the handhold
(3) Covers for handholes shall be full opemng, made of carbon steel
floor plate or equIvalent, and shall have a minimum thIckness of 1/4-Inch,
except when they are subjected to vehicular traffiC
(e) Prefabncated concrete boxes and their covers that are deSigned
for the purpose of hand holes, haVing dimensions less than set forth In
Subsections (c) and (d) of this Section, may be used as vaults and
hand holes where specifically approved by the BUIlding and Safety DIVISion
Section 7 Chapter 8 28 IS hereby added to the Santa MonIca Mumclpal Code to
read as follows
64
Chapter 8.28 Mechanical Code.
8.28.010 Adoption.
That certain document entItled "California Mechanical Code, 1998
EdItion," published by the California Burldlng Standards Commission and the
International Conference of BUIldIng Officials. except Chapter 1-
Administration, which adopts by reference the Umform Mechanical Code,
1997 Edition, and the local amendments of this Chapter, are hereby
adopted, as the Mechanical Code of the CIty of Santa MOnica
8.28.020 Local Amendments to the California Mechanical
Code.
NotwithstandIng any provISions of the California Mechanical Code or
other codes adopted by any Chapter In Article VIII of the Municipal Code to
the contrary, the following local amendments shall apply
8.28.030 Grease Duct Supports.
SectIon 507 3 3 of the California Mechanical Code IS amended to read
as follows
Duct bracing and supports shall be of noncombustible material
securely attached to the structure, of not less than the gage reqUired for
grease duct construction and desIgned to carry gravity and lateral loads
Within the stress limitations of the California BUilding Code Bolts, screws,
rivets and other mechanical fasteners shall not penetrate duct walls
65
8.28.040 Low Temperature.
Section 508 7 4 ofthe Cafrfornla Mechanical Code IS amended to read
as follows
508.74 Low Temperature. Type I hoods where the cooking
equipment Includes low-temperature appliances such as medlum-to-Iow-
temperature ranges, roasters, roastmg ovens, pastry ovens, pizza ovens and
eqUIpment approved for use under Type II hood
SectIon 8 Chapter 8 32 IS hereby added to the Santa MOnica MUnicIpal Code to
read as follows
Chapter 8.32 Plumbing Code.
8.32.010 Adoption.
That certain document entitled "California Plumbing Code, 1998
Edition," as pubfrshed by the Callfornra BUIlding Standards CommIssion and
the International ASSociatIon of Plumbing and Mechanrcal OffiCials, except
Chapter i-AdmInistration, whIch Incorporates by reference the Uniform
Plumbing Code, and the local amendments of thiS Chapter, are hereby
adopted as the Plumbmg Code of the City of Santa MOnica
8.32.020 Local Amendments to the California Plumbing
Code.
Notwithstanding any provISions of the Cafrfornla Plumbing Code or
other codes adopted by any Chapter In Article VIII of the MUniCIpal Code to
66
the contrary, the following local amendments shall apply
8.32.030
Medium Pressure Gas.
The approval of the use of "Medium Pressure Gas" as defined In
Section 1218 of the Califorma Plumbing Code for any bUilding or bUilding
service eqUipment as defined In Section 103 of the Umform Administrative
Code IS hereby specifically reserved to the BUilding Officer Approval of the
use of "Medium Pressure Gas" shall be In writing for each specIfic use or
application and shall indicate any conditions or requirements for the
installation A copy of the written approval shall be transmitted to the
applicant.
8.32.040 Water Softener Using Dry Wells for Discharge.
Water softener systems uSing dry wells for the discharge of effluents
are prohibited
Exception When approved by the BUilding Officer, systems WIth
regeneration cycles discharging quantities of total dissolved solids that do
not exceed those stipulated In the water quality objectives set by the
Regional Water Quality Control Board shall be permitted
8.32.050 Combined Storm Drains and Sewers.
Section 1104 3 of the California Plumbing Code IS hereby deleted In
ItS entirety
Section 9 Chapter 8 36 IS hereby added to the Santa MOnica MUnicipal Code to
67
read as follows
Chapter 8.36 Energy Code
8.36.010 Adoption
That certain document entitled "California Energy Code, 1998
Edition," which IS Part 6 of TItle 24 of the California Code of Regulations, as
published by the California Building Standards CommiSSion and the
InternatIonal Conference of BUildIng OfficIals, IS hereby adopted as the
Energy Code of the City of Santa MOnica
Section 10 Chapter 8 40 IS hereby added to the Santa MOnica MUnicipal Code to
read as follows
Chapter 8.40 Fire Code.
8.40.010 Adoption
That certain document entitled "California Fire Code, 1998 Edition",
as published by the California BUilding Standards Commission, International
Conference of BUilding Officers and Western Fire Chiefs Assoclatron, which
Incorporates by reference the Uniform Fire Code, 1997 EditIon, and the local
amendments of this Chapter and Chapter 8 44 are hereby adopted, as the
Fire Code of the City of Santa MOnica
8.40.020 Local Amendments to the California Fire Code.
In addition to the 1998 California Fire Code, those certain documents
entitled "Uniform FIre Code Standards, 1997 Edition", AppendiX Chapters 1-
68
A, 1-8, I-C, 11-8, II-F, II-G, II-H, II-I, II-J, III-A. 111-8, III-C. IV-A, IV-8, IV-C, V-A,
VI-A, VI-B, VI-C and VI-D of the "UnIform Fire Code, 1997 EditIon", as
published by the International Conference of BUilding Officers and Western
Fire Chiefs ASSOCIation and the "National Fire Codes, 1999 Edition,"
published by the National Fire Protection ASSOCiation. and the local
amendments of Chapter 8 44 are hereby adopted as part of the FIre Code
of the City of Santa MOnica.
Section 11 Chapter 8 44 IS hereby added to the Santa MOnica
MUniCipal Code to read as follows
Chapter 8.44 Fire and Life Safety Prevention Requirements.
8.44.010 Application.
NotwIthstanding any provISIons of the Uniform BUilding Code,
Cahfornla Building Code, Uniform Fire Code, CalIfornia FIre Code, California
BUild Ing Standards Code, State HOUSing Law or other codes adopted by any
Chapter In Article VIII of the MUniCipal Code to the contrary, the follOWing
local amendments shall apply
8.44.020 Purpose
The purpose of thiS Chapter IS to promote publiC safety and welfare
by redUCing the cumulative Impact of certain indiVidual construction and
bUIlding projects, each WIth an Increased potential demand on the rescue
and fire suppression resources of the community The City CounCil
69
establishes the policy of regulating both new and eXisting bUildings In this
class by reqUiring approved automatIc fire extinguishing and detection
systems, standpIpes, fire resIstive doors, and other construction to be
provided In these structures at the time of theIr construction, converSion,
alteration and maintenance so as to significantly reduce the potential
demand from Simultaneous InCidents on emergency servIce resources
8.44.030 Scope
The prOVIsIons of thiS Chapter shall apply to all new and eXisting
bUildings Within the City, as Indicated below Structures for which a bUilding
permit has been Issued pnor to July 1. 1999, shall be conSidered as eXisting
bUildings
8.44.040
Definitions.
For purposes of this Chapter, the follOWing defimtlons shall apply
Full Automatic Fire Sprinkler System IS a system that meets the
requirements of the Fire Code adopted by Chapter 8 40 of the MUnicipal
Code
Automatic Fire Detection Alarm System IS a system that complies
with Santa Monica Fire Department requirements and IS an approved
arrangement of smoke, rate-of-nse, fixed temperature. or any other detector
wh Ich IS approved for the use Intended The system shall alert a II occupants
of a bUilding In case of fire and, when required by the Fire Chief, notify the
Fire Department through Central Station Momtorlng
70
8.44.050 Requirements for Automatic Fire Extinguishing and
Protection Sprinkler Systems
(a) When Required. An approved automatic fire spnnkler system
shall be Installed as set forth In this Chapter under the following conditions
(1) In all new construction, without regard to floor area or area
separation walls
(2) Throughout any eXisting bUilding when there IS a change In
occupancy classification to a more hazardous DIvIsion, as shown In Table
8 44-A below or as determined by the Fire Chief
TABLE 8.44-A1
DEGREE OF OCCUPANCY HAZARD
RANK OCCUPANCY CLASS
1 Groups E and I
2. Groups A, Divisions 2 and 2 1
3. Group R, Division 1 and Group A, DIVISion 3
4 Group H, Divisions 1, 2 and 6
5 Group H, Division 3, 4, 5, 7 and 8
6. Groups B, F, and M; Group S, Divisions 1 and 2
7. Group 5, DiVisions 3, 4 and 5
8 Group R, Division 3
9 Group U, Division 1
1 To use the table - Step 1 Find the eXisting Occupancy ClaSsification or
DIVISion In the Occupancy Class column Step 2 If the new Occupancy
ClassificatIon or DIVIsion IS ranked above the eXisting class, then the entire
71
bUilding reqUires a full automatIc fire sprinkler system
(3) Throughout any existing bUilding whenever more than fifty percent
(50%) cumulative, of the eXisting floor area. Including mezzanines, IS added
to and/or remodeled within three calendar years
(4) Throughout any eXisting bUilding whenever more than fifty percent
(50%) of the roof structure IS exposed
(5) Throughout any eXisting bUilding whenever more than fifty percent
(50%) of the mtenor or exterior walls or partitions are exposed
(6) Throughout any existing building whenever an addItional story IS
added
Exception An automatic fire sprinkler system IS not reqUired, In an
eXisting Single-family dwelling, when the added story does not Increase
eXisting permitted floor area by more than 33-1/3 percent
(7) Throughout any eXisting bUlldmg or structure determmed to be
used pnmarlly for public assembly more than 5,000 square feet In total floor
area ThIS Subsection shall not apply to bUIldings or structures with an
approved full automatIc fire sp rlnkler system or to churches and theaters with
fixed seating
(8) Throughout the entire floor of any eXisting non-residential bUilding
eq ulpped with a partial fire spn nkler system whenever more than fifty percent
(50%) of the floor space IS altered or reconfigured
(b) Exceptions. The requirements of Subsection (a) above shall not
72
apply to
(1) Hospitals as defined In Health and Safety Code Section 1250
(2) BUildings used exclusively as open parking garages
(3) BUildings such as power plants, lookout towers, steeples, grain
houses, and similar structures with noncontinuous human occupancy only
when so determined by the Fire Chief
(4) BUildings owned by any public agency or school district
(c) When a fire sprinkler system IS required In any bUilding that does
not have a designated occupant and use at the time fire sprinkler plans are
submitted for approval, the system shall be designed and Installed to deliver
a mInimum densIty of not less than that requIred for Ordinary Hazard, Group
2, with a minimum design area of not less than 3,000 square feet
When a subsequent change In occupancy classIfication requires the
fire spnnkler system to deliver a higher minimum denSity, It shall be the
responsibility of the bUlldmg owner to upgrade the system to the reqUired
denSity for the new use
8.44.060
Enforcement
When It IS determined that a bUilding does not comply With the
reqUIrements of Section 8 44 050 of the MUniCipal Code, the owner shall be
served With a notice by registered or certified mall, return receipt requested
and the notice shalf be deemed served on the date It is placed In the United
States Postal System The notice shall specify the manner In which the
73
bUilding falls to meet the minimum requirements of this Chapter It shall
direct that plans be submItted to and that necessary permIts be obtained
from the Fire Department not less than ninety (90) days after the service of
the notice, and that corrections be completed not later than one year after
service of the notice
8.44.070 Notice of Non-compliance.
Any bUilding or structure faIling to meet the proVIsions of Section
8 44 050 of the MunIcipal Code shall be posted With a notice of non-
conformance The notice shall be posted at the main entrance of the
structure or structures, or as close thereto as reasonably possible, until all
reqUired work has been completed to the satisfaction of the Fire Chief
8.44.080 Standards.
The FIre Chief and BUilding Officer are JOintly authOrized to
promulgate standards regarding the InstallatIon and type of automatic fire
sprinkler systems reqUIred by Section 844050 of the Municipal Code
8.44.090 High-Rise Building Requirements.
New bUildings or structures housmg any occupancy claSsification
having floors used for human occupancy more than fifty-five feet above the
lowest level of Fire Department vehicle access shall comply With the hlgh-nse
bUilding reqUirements contained In Section 403 of the California BUlldmg
Code, 1998 Edition
74
These requirements shall not apply to
(1) HospItals as defined In Health and Safety Code SectIon 1250
(2) BUildings used exclusively as open parking garages
(3) BUildings such as power plants, lookout towers, steeples, grain
houses, and similar structures with noncontinuous human occupancy only
when so determined by the Fire Chief
(4) BUildings owned by any public agency or school dlstnct
Any full automatIc fire spnnkler system Installed In any hIgh-rise
bUilding shall have two connections with control valves to Independent risers
on each floor level, with each nser being of the size necessary to supply the
required water supply
8.44.100 Smoke Detectors Existing Residential
Occu pancies.
(a) General. In every eXisting apartment, dwelling Unit, guestroom,
one or two family dwelling or condominium, hotel or motel room, smoke
detectors shall be Installed In accordance with the provIsions of thiS Section
(b) Existing Group R Occupancies. On or before July 1, 2001
approved and listed smoke detectors, which may be battery-powered, shall
be Installed and located In accordance with Section 1007 2.9 2 of the
California Fire Code
(c) Residential Occupancy Remodels. Approved and listed smoke
detectors, which meet the provIsIons of Sections 3109 1 3 and 310 9 1 4 of
75
the California Buildmg Code, shall be Installed when any of the followIng
occurs'
(1) add Itlon of a story which Increases total floor area by more 33-1/3
percent, or
(2) more than 50% of the eXlstmg roof structure IS removed, or
(3) the floor area of an eXisting residence With a floor area of 1,000
square feet or less Increases more than 75%, or
(4) the floor area of an eXisting residence With a floor area of more
than1 ,000 square feet Increases more than 50%
(d) Transfer of Property. Prior to the sale or exchange of reSIdential
bUildings subject to Chapter 9 08 of thiS MUnicipal Code, the seller shall
certify, on the report of reSidential bUilding record, that approved and listed
smoke detectors have been Installed Smoke detectors, which may be
battery-powered, shall be Installed and located In accordance With California
Fire Code, Section 1007 2 9 2
(e) Maintenance. Smoke detectors shall be maintained In an operable
condition at all times Detectors shall be tested, maintained and cfeaned at
least annually by the bUilding owner Proof of maintenance and cleaning
shall be maIntained by the bUilding owner for a minimum offlve years New
batteries shall be Installed In smoke detectors an nually or In accordance With
the manufacturer's instructions When It IS determined that any Installed
smoke detector was manufactured more than 10 years pnor to the effective
76
date of this Chapter, It shall be replaced
Exception Single-family dwellings, which are owner occupied, do not
need to mamtam a written record of proof of mamtenance and cleaning
(f) Service. Smoke Detectors shall be tested, cleaned, serviced, and
replaced as needed every five years by a licensed C-10 electncal/fire alarm
contractor Written record of the service for each detector shall be
malntamed by the bUlldmg owner and shall be made available for review by
the Fire Department upon request Wntten certIfication of the reqUired five
year service shall be submitted to the Fire Prevention DIvIsion of the Fire
Department
Exception Smgle-famlly dwellings, which are owner occupied, do not
need to maintain a wntten record
(g) Hearing Impaired Occupants In a dwelling Unit occupied by
one or more hearing Impaired persons, each smoke detector shall cause the
operation of approved notification appliances for the hearing Impaired
VIsible notification appliances used In rooms where hearing Impaired
persons sleep shall have a minimum rating of 177 candela for a maximum
room size of 14 ft by 16 ft For larger rooms, the notification appliance shall
be located Within 16 ft of where the pillow IS normally located Wall mounted
Visual notification appliances which are part of a smoke detector shall be
located between four and twelve Inches below the ceiling measured to the
top of the smoke detector Visual notification appliances In non-sleeping
77
areas shall have a minimum rating of 15 candela
ExceptIOn' Where a vIsual notIficatIon appliance In a sleepmg room
IS mounted more than 24 Inches below the ceiling, a minimum ratIng of 110
candela shall be permItted Since hearing deficits are often not readily
apparent, the responsibility to advise the property owner or manager shall
rest with the heanng Impaired party The responsibility for compliance shall
rest with the property owner or manager.
8.44.110 Standards for Fire Protection Systems.
(a) General. Fire Protection systems shall conform to the standards
adopted by Chapter 8 40 of the MunIcipal Code and to supplemental
requirements of the Fire Chief
(b) System Monitoring Alarm systems, required by Chapter 8 40
of the MUnicipal Code shall be mOnitored by an approved and listed central
station Exception FIre spnnkler systems contammg less than one hundred
heads may be provided with a local alarm
(c) Annunciation and Control. ExtingUishing systems shallrnclude
control valves and Signaling devices to control and Indicate system operation
by floors or other approved subdivIsions An approved annuncIator panel
shall be provided In an approved location near the prrnclpal entrance
(d) Fire Department Connections and System Zones. Systems
shall be provIded wIth hsted FIre Department connections at approved
locations on public street frontages Multiple extenor connections and system
78
zones shall be Interconnected
(e) Design, Approval, Acceptance, Testing and Maintenance. Fire
alarm systems shall be maintained In an operable condItion at all times
When required by the Fire Chief. an approved fire watch shall be provided
and maintained while a fire and life safety system IS inoperative or ImpaIred
The fIre watch shalf be maintained until the inoperative or Impaired system
IS restored a fully operational condition and a test IS approved by the Fire
Department
(f) Approval, Acceptance, Testing of New Fire Alarm Systems.
New fire alarm systems shall be designed, Installed, tested and maintained
In accordance With the provisions of the National Fire Alarm Code pubhshed
by the NatIonal Fire Protection Association
(g) Existing Fire Alarm Systems. EXisting fire alarm systems shall
be tested and maintained In accordance With the provIsIons of the NatIonal
Fire Alarm Code
8.44.120 Seismic Protection of Fire Sprinkler Systems.
(a) General. ThIs Section shall be applicable to all eXisting automatic
fire sprinkler systems Installed pnor to January 1, 1996 At the time of
reqUired five (5) year service. the seismiC protection of all automatic fire
sprinkler systems shalf be Inspected In accordance With thiS Section The
C-16 contractor performing the Inspection shall prepare a wntten notice of
system defiCienCies. which shall be submitted to the Fire Prevention DIVISIon
79
(b) Standard. Seismic protection shall comply with the 1996 Edition
of NFPA 13, Standard for the Installation of Automatic Fire Spnnkler
Systems
(c) Restricted Fasteners. Through bolts with washers and nuts shall
be used to secure earthquake bracing In wood members Lag screws shall
not be used to secure longitudinal bracing In wood members
Powder-dnven studs shall not be used to secure earthquake bracmg In
concrete or masonry members When It IS determined that powder-driven
studs have been used, they shall be replaced with an approved fastener
(d) Suspended Ceilings. Ceilings shall be braced With splayed
seismiC bracing wire
(e) Unsupported Sprinklers Spnnklerdrops longer than 8 feet shall
be braced With splayed seismiC bracing wire
(f) Armovers. Armovers used to pOSItion spnnkler heads In ceilings
shall be braced With splayed seismic bracing wire
(g) Branch lines. A listed wrap-around hanger shall be mstalled on
all branch lines Within 18-Inches of the end
(h) Unlisted Mechanical Couplings. All unlisted mechanrcal
couplings shall be replaced With approved and listed mechanrcal couplings
(I) Unbraced Systems. Listed bracing shall be Installed In
accordance With NFPA 13, 1996 Edition
(J) Threaded Pipe. All sprinkler systems shall use shop-welded
80
branch lines The branch lines shall be secured to cross-mains by approved
grooved mechanical fittings Longitudinal and lateral bracing shall be
Installed on feed mains, cross-mains and branch lines largerthan 25 Inches
Bracing shall be Installed on smaller branch lines that could stnke fight
fixtures, bUildIng system components. and bUilding structural members
(k) Threaded Pipe Sway Bracing. No thin wall pipe shall be used
for sway bracing Pipe used shall be minimum Schedule 40
(I) Retaining Straps. All C-c1amp type hangers shall be equipped
With retammg straps
(m) Notification and Enforcement. Notification, enforcement and
compliance shall be In accordance With Sections 8 44 060 and 8 44 070 of
the MUnicipal Code When It IS determmed that an eXlstmg automatic fire
spnnkler system does not meet the minimum standard, the bUilding owner
shall be notified In accordance With this Subsection
8.44.130 Plans and Specifications
Pnor to installation of any automatic fire extmgulshlng, life safety or
fire protection system required by this Chapter, the Fire Chief shall approve
the plans and specifications for the system
8.44.140. Fire Retardant Roofing.
All roofs shall be Class A or B roofing assemblies In accordance With
Uniform BUlldmg Code Standard 15-2 The use of non-tire-retardant wood
shingles or non-tire-retardant shakes for new or replacement rooting IS
81
prohibited
Section 12 Chapter 8 48 IS hereby added to the Santa MOnica MUnicipal Code to
read as follows
Chapter 8.48 Building Security.
8.48.010 Purpose.
(a) The purpose of this Chapter IS to provide minimum standards to
safeguard property and public welfare by regulating and controlling the
deSign, construction, and quality of matenals, and the location and
maintenance of all bUildIngs and structures wlthm the City of Santa MOnica
In compliance with SectIon 14051 of the California Penal Code, relating to
BUlldmg Securrty
(b) Secunty methods shall not create a hazard to life by obstructing
any means of egress or any opening which IS clasSified as an emergency
eXiting faclhty Securrty provIsions shall not supersede the safety
requirements relating to latching or locking deVices on eXit doors which
would be contrary to the provIsions of this Chapter or be construed to waive
any other provISion of these Codes
8.08.020 8.48.020 Scope.
Unless speCified otherwise, the provIsions of this Chapter shall apply
to all new construction and condominium conversions
Any bUildIng as defined In the California BUilding Code and Title 19 of
82
the California Administrative Code, reqUiring special type releasing I latching,
or locking devices, other than desCribed herein, shall be exempt from the
provIsions hereof relating to locking devices of Intenor and/or exterior doors
8.48.030 Definitions.
For the purpose of this Chapter certain terms are defined as follows
"Approved" means certified as meeting the requirements of thiS
Chapter by the enforcing authonty or ItS authonzed agents, or by other
offiCials designated by law to give approval on a particular matter dealt With
by the proVISions of thiS Chapter With regard to a given matenal, mode of
construction, piece of equIpment or device
"Astragal" means a narrow half round molding or a projecting strip
on the edge of a folding door
"Auxiliary Locking Device" means a secondary locking system
added to the primary locking system to proVide additional security
"Bolt" IS a metal bar which, when actuated, IS proJected (or thrown)
either hOrizontally or vertically Into a retaining member, such as a strike
plate, to prevent a door or Window from moving or opening
"Bolt Projection" or "Bolt Throw" IS a distance from the edge of the
door, at the bolt center line, to the farthest pOint on the bolt In the proJected
posItion
"Burglary Resistant Glazing" means those materials as defined In
U L Bulletin 972
83
"Commercial Building" means a bUilding, or portion thereof used for
a purpose other than dwelling
"Component", as distingUished from a part, IS a subassembly whIch
combines with other components to make up a total door or window
assembly For example, the primary components of a door assembly Include
door, lock, hmges, Jamb/wall, Jamb/strike and wall
"Cylinder" means the subassembly of a lock contaIning the cylinder
core, tumbler mechanism and the keyway A double cylinder lock IS one
whIch has a key-actuated cylinder on both the extenor and Intenor of the
door
"Cylinder Core or Cylinder Plug" IS the central part of a cylinder
containing the keyway, which IS rotated by the key to operate the lock
mechanism
"Cylinder Guard" means a tapered or flush metal ring or plate
surrounding the otherwise exposed portion of a cylinder lock to resist cutting,
drilling, prying, pulling, or wrenching with common tools
"Dead bolt" IS a lock bolt which does not have a spnng action as
opposed to a latch bolt, which does The bolt must be actuated by a key or
a key and a knob or thumb turn and when projected becomes locked against
return by end pressure
"Dead Latch or Deadlocking Latch Bolt" means a spnng actuated
latch bolt havIng a beveled end and incorporating a plunger WhiCh, when
84
depressed, automatically locks the proJected latch bolt against return by end
pressure
UDoor Assembly" IS a Unit composed of a group of parts or
components which make up a closure for an opening to control passageway
through a wall For the purposes of this Chapter, a door assembly consists
of the following parts door, hinges, locking device or devices, operation
contacts (such as handles, knobs, push plates), miscellaneous hardware and
closures, the frame, including the head, threshold and jambs plus the
anchorage devices to the surrounding wall and a portion of the surrounding
wall extending 36 Inches from each sIde of the jambs and 16 Inches above
the head
"Door Stop" means that proJection along the top and sides of a door
jamb which checks the door's sWinging action
"Double Cylinder Deadbolt" means a dead bolt lock which can be
activated only by a key on both the Intenor and the extenor
"Dwelling" means a bUilding or portion thereof designed exclUSively
for resIdential occupancy, including single family and multiple family
dwellings
"Enforcing Authority" IS the agency or person having the
responsibility for enforCing the proVISions of thiS Chapter
"Flushbolt" IS a manual, key or turn operated metal bolt normally
used on mactlve door(s) and IS attached to the top and bottom of the door
85
and engages In the head and threshold of the frame
"Fully Tempered Glass" means those matenals meeting or
exceeding ANSI standard Z 97 1 Safety Glazing
"Jamb" means the vertical members of a door frame to whIch the
door IS secured
"JamblWall" IS that component of a door assembly to which a door
IS attached and secured The waif and Jamb used together are considered a
umt
"Key-In-Knob" means a lockset havmg the key cylinder and other
lock mechamsms contamed In the knob
"Latch or Latch Bolt" IS a beveled, spnng-actuated bolt which may
or may not have a deadlockmg device
"Lock [or Lockset]" IS a keyed device (complete wIth cylinder, latch
or deadbolt mechamsm, and trim such as knobs, levers, thumb turns,
escutcheons, etc) for securmg a door m a closed position against forced
entry For the purposes of thiS Chapter a lock does not Include the stnke
plate
"Multiple Family Dwelling" means a bUilding or portion thereof
designed for occupancy by two or more families living mdependently of each
other, including hotels, motels, apartments, duplexes and townhomes
"Panic Hardware" means a latching device on a door assembly for
use when emergency access IS required due to fire or other threat to life
86
safety Devices designed so that they will faCilItate the safe egress of people
In case of an emergency when a pressure not to exceed 15 pounds IS
applied to the releasmg device In the directIOn of eXit travel Such releasing
devices are bars or panels extendmg not less than two-thirds of the width of
the door and placed at heights sUitable for the service reqUired, lot less than
30, not more than 44 mches above the floor
"Part", as distinguished from component, IS a Unit (or subassembly)
which combInes with other units to make up a component
"Primary Locking Device" means the Single locking system on a
door or wmdow umt whose pnmary function IS to prevent unauthorized
mtruslon
"Private or Single Family Dwelling" means bUilding designed
exclusively for occupancy by one family
"Rail" means the hOrizontal member of a wmdow or door A meetmg
rail IS one which mates WIth a rail of another sash or a frammg member of the
door or Window frame when the sash IS In the closed posItion
"Sash" IS an assembly of stiles, ralls, and sometimes, mullions
assembled Into a smgle frame whIch supports the glaZing matenal A fixed
sash IS one which IS not mtended to be opened A movable sash IS mtended
to be opened
"Sill" IS the lowest hOrizontal member of a wmdow frame
"Single Cylinder Deadbolt" means a deadbolt lock which IS activated
87
from the outside by a key and from the inside by a knob, thumb-turn, lever,
or similar mechanism
"Solid Core Door" means a door composed of solid wood or any
door equal In strength to sohd wood construction
"Stile" IS a vertical framing member of a window or door
"Strike" IS a metal plate attached to or mortised Into a door or door
Jamb to receive and to hold a projected latch bolt and/or dead bolt In order to
secure the door to the Jamb
"Swinging Door" means a door hinged at the stile or at the head and
threshold
"U.L. Listed" means tested and listed by Underwnters Laboratory,
Inc
"Value" means estimated cost to replace the bUilding based on
current replacement costs
"Window Assembly" IS a Unit which Includes a window and the
anchorage between the wmdow and the wall
"Window Frame" IS that part of a Window which surrounds and
supports the sashes and IS attached to the surrounding wall The members
mclude Side Jambs (vertical), head Jamb (upper, hOrizontal), Sill and mullions
8.48.040
Enforcement provisions.
The enforcement authority shall be the BUilding and Safety DIvIsion
The enforcement authority IS directed to administer and enforce the
88
provIsions of thIs Chapter
8.48.050 Violations and penalties.
It shalf be unlawful for any person, firm or corporatIon to erect,
construct, enlarge, alter, move. Improve, or convert, any bUIlding or structure
or cause same to be done, contrary to or In vlolatron of any of the provIsIons
of this Chapter
Any person, firm, or corporation violating any of the provIsions of this
Chapter IS gUilty of a misdemeanor and shalf be pUnishable for each offense,
by a fine of not more than $50000, or by confinement In jail for not more
than SIX months, or by both fine and confinement In Jail
8.48.060 Appeals.
In order to prevent or lessen the unnecessary hardshIp or practical
difficulties In exceptional cases where It IS difficult or Impossible to comply
with the strict letter of thIs Chapter, the owner or his or her desIgnated agent
shall have the option to apply for an exemption from any provIsion of thIs
Chapter to the City Council The City Council shall exercise ItS powers on
these matters In such a way that the pubhc welfare IS secured, and
substantial Justice done most nearly In accord with the Intent and purpose of
this Chapter
8.48.070
Alternate materials and methods of construction.
The proVISIOns ofthls Chapter are not Intended to prevent the use of
any matenal or method of construction not speCifically prescnbed by this
89
Chapter provided any such alternate has been approved by the BUilding and
Safety DIVIsIon nor IS It the Intention of thiS Chapter to exclude any sound
method of structural design or analysIs not specifically provided for In thiS
Chapter Matenals and methods of construction or structural design
limitations provided for In thiS Chapter are to be used unless an exception IS
granted by the BUlldmg and Safety DIVISion
The enforcing authorrty may approve any such alternate provided they
find the proposed design to be satisfactory and the materral and method of
work IS, for the purpose Intended, at least equivalent to that prescnbed In thiS
Chapter In quality, strength, effectiveness, burglary, resIstance, durability and
safety
8.48.080 Keying requirements.
Upon occupancy by the owner or propnetor, each single Unit In a tract
or commercial development, constructed under the same general plan t shall
have locks uSing combinatIons which are mterchange free from locks used
In all other separate dwellings, propnetorshlps or slmllardlstmct occupancIes
8.48.090 Frames/jambs/strikes/hinges.
InstallatIon and construction offrames, Jambs, strikes and hinges shall
be as follows
(a) Door Jambs shall be Installed With solid backing m such a manner
that any open space between trimmers and wood doorjambs shall be solid
shimmed by a single piece extendmg not less than 12 Inches above and
90
below the stnke plate
(b) Door stops on wooden Jambs for Inswlnglng doors shall be of one
piece construction with the Jamb Jambs for all doors shall be constructed or
protected so as to prevent vIolation of the stnke
(c) In wood framing, honzontal blocking shall be placed between studs
at door lock height for three (3) stud spaces each side of the door openings
Tnmmers shall be full length from the header to the floor with solid backing
against sole plates
(d) The stnke plate for deadbolts on all wood framed doors shall be
constructed ofmlmmum sixteen (16) US gauge steel, bronze, or brass and
secured to the Jamb by a minimum of two screws, which must penetrate at
least two (2) Inches mto solId backing beyond the surface to which the stnke
IS attached
(e) Hinges for out-swinging doors shall be eqUIpped With non-
removable hinge pinS or a mechamcallnterlock to preclude removal of the
door from the extenor by removing the hinge pins
(f) Not less than three 4-1/2-Inch steel butt hinges shall be
symmetrrcally fastened to both the door and frame With not less than four No
9 by 3/4-lnch wood screws or to metal With not less than four No 8 machine
screws
(g) In wood construction, an open space between tnmmers and wood
dOOrjambs shall be solid shimmed extending not less than 6 Inches above
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and below the hmge plate
8.48.100 Windows/sliding glass doors.
The following requirements must be metforwlndows and sliding glass
doors
(a) Except as otherwise specified In MUnicipal Code Sections
848 120 (SpecIal Residential BUilding ProvIsions) and 848 130 (Special
Commercial BUilding ProvIsions), all openable extenor windows and slIdIng
glass doors shall comply with the tests as set forth In Section 848 140
(T ests)
(b) Window assemblies which are designed to be openable and which
are regulated by thiS Chapter shall comply with Umform BUilding Code
Standard 10-6, unless such windows are protected by approved metal bars,
screens or 9 nlles
(c) SlIdmg door assemblies regulated by thiS Chapter shall comply
with Uniform BUlldmg Code Standard 10-5, Part II
(d) Louvered wmdows shall not be used when any portion of the
wmdow IS less than twelve (12) feet vertically or SIX (6) feet honzontally from
an accessible surface or any adjOIning roof, balcony, landing, stair tread,
platform, or Similar structure
8.48.110 Garage type doors--Rolling overhead, solid
overhead, swing, added by sliding or accordion.
The above deSCribed doors shall conform to the followmg standards
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(a) Wood doors shall have panels a minimum of five-sixteenths (5/16)
Inch In thIckness with the locking hardware being attached to the support
framing
(b) Aluminum doors shall be a minimum thickness of 0215 Inches and
nveted together a minimum of eighteen (18) Inches on center along the
outsIde seams There shall be a full width hOrizontal beam attached to the
main door structure which shalf meet the pilot, or pedestrian access, door
framing Within three (3) Inches of the strike area of the pilot or pedestrian
access door
(c) Fiberglass doors shall have panels a minimum denSity of SIX (6)
ounces per square foot from the bottom of the door to a height of seven (7)
feet Panels above seven (7) feet and panels In reSidential structures shall
have a denSity not less than five (5) ounces per square foot
(d) Doors utiliZing a cylinder lock shall have a minimum five (5) pin
tumbler operation With the locking bar or bolt extending Into the receiving
gUide a minimum of one (1) Inch
(e) Doors that exceed sixteen (16) feet In Width shall have two lock
receiving pomts, or, If the door does not exceed nineteen (19) feet, a Single
bolt may be used If placed m the center of the door With the locking pOint
located either at the floor or door frame header, or, torsion spnng counter
balance type hardware may be used
(f) Except In a residential bUilding, doors secured by electrical
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operation shall have a keyed-switch to open the door when In a closed
position, or by a signal locking devIce
(g) Doors with slide bolt assemblies shall have frames a minimum of
120 Inches In thickness, with a minimum bolt diameter of one-half (1/2) Inch
and protrude at least one and one-half (11/2) Inches Into the receiving gUide
A bolt diameter of three-eighths (3/8) Inch may be used In a residential
bUilding The slide bolt shall be attached to the door with nonremovable bolts
from the outside Rivets shall not be used to attach slide bolt assemblies
(h) Except In a reSidential bUilding, padlock(s) used with extenor
mounted slide bolt(s) shall have a hardened steel shackle locking both at
heel and toe and a minimum five pin tumbler operation WIth nonremovable
key when In an unlocked pOSition Padlock(s) used With Intenor mounted
slide bolt shall have a hardened steel shackle With a minimum four pin
tumbler operation
8.48.120
Special residential building provisions.
(a) Except for vehicular access doors. all extenor sWinging doors of
any residential bUilding and attached garages, including the door leading
from the garage area Into the dwelling Unit shall be eqUipped as follows
(1) All wood doors shall be of solid core construction With a minimum
thickness of one and three-fourths (1 3/4) Inches, or with panels not less than
nine-sixteenths (9/16) Inch thick SWinging doors shall comply With Unrform
BUilding Code Standard 10-5, Part I Doors In pairs shall be tested In pairs
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(2) A single or double door shall be eqUipped with a single cylinder
dead bolt lock This dead bolt lock must be actuated by a key from the
extenor and a knob or thumb turn from the Intenor and when projected
becomes locked against return by end pressure The bolt shall have a
minimum proJection of one (1) Inch and be constructed so as to repel cutting
tool attack The deadbolt shall have an embedment of at least three-fourths
(3/4) Inch Into the stnke receiving the projected bolt The cylinder shall have
a cylinder guard, a minimum of five pin tumblers, and shall be connected to
the Inner portion of the lock by connecting screws of at least one-fourth (1/4)
lnch In diameter All installation shall be done so that the performance of the
locking device will meet the Intended anti-burglary reqUIrements A dual
locking mechanism constructed so that both dead bolt and latch can be
retracted by a Single action of the Inside door knob, or lever, may be
substituted prOVided It meets all other speCifications for locking devices
(3) The Inactive leaf of double door(s) shall be eqUipped With metal
flush bolts having a minimum embedment of five-eighths (5/8) Inch Into the
head and threshold of the door frame
Single-SWinging doors and the active leaf of doors In pairs shall be
eqUIpped With an approved extenor key-operating dead bolt whIch has been
tested In accordance With Uniform BUilding Code Standard 10-5, Part I See
Chapter 10 of the California BUilding Code for reqUirements on door
operation for eXiting
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(4) Glazing In extenor doors or within forty (40) Inches of any locking
mechanism shall be of fully tempered glass or rated burglary resistant
glazing, except when double cylinder dead bolt locks with a key retaining
feature are Installed
(5) Except where clear VISIon panels are Installed, all front extenor
doors shall be equipped with a wIde angle (1800) door viewer
(b) Street numbers and other Identifying data shall be displayed as
follows
(1) All residential dwellings shall display a street number In a
prominent location on both the street Side of the reSIdence and on the alley
Side of the property In such a pOSition that the numbers are eaSily VISIble to
approaching emergency vehicles The numerals shall be no less than four
(4") Inches In height and shall be of a contrasting color to the background to
which they are attached
(2) There shall be positioned at each entrance of a multiple family
dwelling complex an Illuminated diagrammatic representation ofthe complex
which shows the location of the viewer and the Unit designations Within the
complex In addition, each mdlvldual Unit Within the complex shall display a
prominent Identification number, not less than four (4) Inches In heIght, which
IS eaSily VISible to approaching vehicular and/or pedestnan traffic
(c) Lighting m multiple family dwellings shall be as follows
(1) Aisles, passageways, and recesses related to and Within the
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bUlldmg complex shall be Illuminated WIth an intensity of at least one (1)
footcandle at the ground level dunng the hours of darkness Lighting devices
shalf be protected by weather and vandalism resistant covers
(2) Open parking lots, garages, and car ports shall be provided With
a maintained mlnrmum of one (1) footcandle of fight on the parking surface
during the hours of darkness Lighting devices shalf be protected by weather
and vandalism resIstant covers
8.48.130 Special commercial building provisions.
(a) SWlngmg exterior glass doors, wood or metal doors With glass
panels, solid wood or metal doors shall be constructed or protected as
follows
(1) Wood doors shall be of solid core construction With a minimum
thickness of one and three-fourths (1-3/4) Inches Wood panel doors With
panels less than one (1) Inch thick shall be covered on the inSide With a
minimum sixteen (16) U S gauge sheet steel, or ItS eqUivalent, whIch IS to
be attached With screws on minimum SIX (6) Inch centers Hollow steel doors
shall be of a minimum sixteen (16) U S gauge and have suffiCient
remforcement to mamtam the designed thickness of the door when any
lockIng device IS Installed, such reinforcement being able to restrict
collapSing of the door around any locking device
(2) Any glaZing utilized Within 40 mches of any door locking
mechanism shall be constructed or protected as follows
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(A) Fully tempered glass or rated burglary resIstant glaZing, or
(B) Iron or steel gnlls of at least one-eighth (1/8) Inch material with a
minimum two (2) Inch mesh secured on the inside of the glaZIng may be
utilized, or
(C) The glaZing shall be covered with Iron bars of at least one-half
(1/2) Inch round or one Inch by one-fourth Inch (1" x 1/4") flat steel matenal,
spaced not more than five (5) Inches apart, secured on the InSide of the
glaZing
(0) Items (8) and (C) above shall not Interfere with the operation of
opening Windows If such wmdows are reqUired to be openable by the
CalifornIa BUildIng Code
(b) All sWinging extenor wood and steel doors shall be equipped as
follows
(1) A Single or double door shall be equipped With a Single cylinder
dead bolt lock The dead bolt lock must be actuated by a key from the extenor
and a knob or thumb turn from the Intenor and when proJected becomes
locked against return by end pressure The bolt shall have a minimum
projection of one (1) Inch and be constructed so as to repel cutting tool
attack The deadbolt shall have an embedment of at least three-fourths (3/4)
Inch Into the stnke receiving the projected bolt. The cylinder shall have a
cylmder guard, a minimum offlve pm tumblers, and shall be connected to the
Inner portion of the lock by connecting screws of at least one-fourth Inch In
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diameter The prOVISions of the preceding paragraph do not apply where (1)
panic hardware 1$ reqUired, or (2) an eqUivalent devIce IS approved by the
enforCIng authority
(2) Double doors shall be eqUipped as follows
(A) The inactive leaf of double door(s) shall be equipped With metal
flush bolts having a minimum embedment of five-eighths Inch Into the head
and threshold of the door frame
(B) Double doors shall have an astragal constructed of steel a
minimum of 125 Inch thick which Will cover the opening between the doors
The astragal shall be a minimum of two Inches Wide, and extend a minimum
of one Inch beyond the edge of the door to whIch It IS attached The astragal
shall be attached to the outside of the active door by means of welding or
With non-removable bolts spaced apart on not more than ten-Inch centers
(c) Aluminum frame sWinging doors shall be equipped as follows
(1) The Jamb on all aluminum frame sWinging doors shall be so
constructed or protected to Withstand sixteen hundred pounds of pressure
In both a vertical distance of three Inches and a hOrizontal distance of one
Inch each SIde of the stnke, so as to prevent Violation of the strike
(2) A Single or double door shall be equipped WIth a double cylinder
dead bolt With a bolt proJection exceeding one Inch, or a hook shaped or
expanding dog bolt that engages the strike suffiCiently to prevent spreading
The dead bolt lock shall have a minimum of five pin tumblers and a cylinder
99
guard
(d) Panic hardware, whenever required by the California BUIlding
Code or Title 19 of the California Administrative Code, shall be Installed as
follows
(1) Panic hardware shall contain a minimum of two locking pOints on
each door, or
(2) On Single doors, panic hardware may have one lockIng pOint which
IS not to be located at either the top or bottom rails of the door frame The
door shall have an astragal constructed of steel 0 125 inch thick which shall
be attached With non-removable bolts to the outside of the door The astragal
shall extend a minimum of SIX mches vertically above and below the latch of
the panic hardware The astragal shall be a minimum of two Inches Wide and
extend a minimum of one Inch beyond the edge of the door to which It IS
attached
(3) Double doors containing panic hardware shall have an astragal
attached to the doors at their meetmg pOint which Will close the opening
between them, but not Interfere With the operation of either door
(e) Honzontal slldmg doors shall be equipped With a metal gUIde track
at top and bottom and a cylinder lock and/or padlock With a hardened steel
shackle which locks at both heel and toe, and a minimum five pin tumbler
operation With non-removable key when In an unlocked pOSItion The bottom
track shall be so designed that the door cannot be lifted from the track when
100
the door IS In a locked position
(f) In office bUildings (multiple occupancy), all entrance doors to
Individual office sUites shall meet the constructIon and locking requirements
for extenor doors
(9) Windows shall be deemed accessible If less than twelve feet
above ground Accessible windows having a pane exceeding nrnety-slx
square Inches In an area with the smallest dimenSIon exceeding SIX Inches
and not vIsible from a public or pnvate thoroughfare shall be protected In the
follOWing manner
(1) Fully tempered g lass or burglary-resistant g lazing, or
(2) The follOWing Windows barriers may be used but shall be secured
with non-removable bolts
(A) Inside or outside Iron bars of at least one-half-Inch round or one
by one-quarter-Inch flat steel material, spaced not more than five Inches
apart and securely fastened, or
(B) Inside or outside Iron or steel gnlls of at least one-elghth-Inch
matenal with not more than a twO-Inch mesh and securely fastened
(3) If a Side or rear window IS of the type that can be opened, It shall,
where applicable, be secured on the Inside with either a slide bar, bolt,
crossbar, auxIliary locking deVice, and/or padlock with hardened steel
shackle, a mlnrmum four pin tumbler operation
(4) The protectIve bars or grills shall not Interfere With the operation
101
of openrng windows If such windows are required to be openable by the
California BUilding Code
(h) All extenor transoms exceeding nrnety-slx square Inches on the
side and rear of any bUilding or premises used for busIness purposes shall
be protected by one of the following
(1) Fully tempered glass or rated burglary-resistant glaZing, or
(2) The following barriers may be used but shall be secured with non-
removable bolts
(A) Outside Iron bars of at least one-half-Inch round or one by one-
quarter-Inch flat steel material, spaced no more than five Inches apart and
securely fastened, or
(B) Outside Iron or steel gnlls of at least one-elghth-Inch with not more
than a two-Inch mesh and securely fastened
(3) The protective bars or grills shall not Interfere with the operation
of opening the transoms If such transoms are required to be openable by the
California BUilding Code or Title 19, California Administrative Code
(I) Roof openings shall be equipped as follows
(1) All skylights on the roof of any bUilding or premises used for
business purposes shall be provided with
(A) Rated burglary-resistant glaZing, or
(8) I ron bars of at least one-half-Inch round or one by one-fourth-Inch
flat steel materral under the skylight and securely fastened, or
102
(C) A steel gnU or at least one-elghth-Inch material with a maximum
two-inch mesh under the skylight and securely fastened
(2) All hatchway openings on the roof of any bUilding or premIses
used for busIness purposes shall be secured as follows
(A) If the hatchway IS of wooden matenal, It shall be covered on the
inside with at least sixteen U S gauge sheet metal. or Its equivalent,
attached with screws
(B) The hatchway shall be secured from the insIde with a slide bar or
slide bolts
(C) Outside hinges on all hatchway openings shall be provIded with
non-removable pinS when uSing pm-type hinges
(3) All air duct or air vent openings exceeding ninety-sIx square Inches
on the roof or extenor walls of any bUIlding or premises used for business
purposes shall be secured by covering the same with either of the following
(A) bars of at least one-half-Inch round or one by one-fourth-Inch flat
steel matenal spaced no more than five Inches apart and securely fastened,
or
(B) Iron or steel gnlls of at least one-elghth-mch matenal with a
maximum two-Inch mesh and securely fastened
(C) If the barrier IS on the outside, It shall be secured with bolts which
are non-removable from the extenor
(0) The above (A and B) must not Interfere with venting reqUirements
103
creating a potentially hazardous condition to health and safety or conflict wIth
the provIsIons of the California BUilding Code or Title 19 of the California
Admmlstratlve Code
(j) Permanently affixed ladders leading to roofs shall be fully enclosed
with sheet metal to a height of ten feet This covering shall be locked against
the ladder with a case hardened hasp, secured with non-removable screws
or bolts Hinges on the cover Will be provided With non-removable pins when
uSing pin-type hinges If a padlock IS used, It shall have a hardened steel
shackle, lockmg at both heel and toe, and a minimum five pin tumbler
operation With non-removable key when In an unlocked pOSition
(k) A bUilding located wlthm eight feet of utll1ty poles or similar
structures which can be used to gain access to the bUIlding's roof, wmdows
or other openings shall have such access area barricaded or fenced With
matenals to deter human climbing
(I) The follOWing standards shall apply to lighting, address
Identification and parkmg areas
(1) The address number of every commercial bUilding shall be
Illuminated dUring the hours of darkness so that It shall be eaSily VISible from
the street The numerals In these numbers shall be no less than SIX Inches
In height and be of a color contrasting to the background In addition, any
bUSiness which affords vehicular access to the rear through any dnveway,
alleyway or parking lot shall also display the same numbers on the rear of
104
the bUilding
(2) All exterior commercial doors, durmg the hours of darkness, shall
be Illuminated with a minimum of one footcandle of Irght All extenor bulbs
shall be protected by weather- and vandalism-resistant cover(s)
(3) Open parking lots, and access thereto, providing more than ten
parking spaces and for use by the general public, shall be provided with a
mamtamed mmlmum of one footcandle of light on the parkmg surface from
dusk until the termination of busmess every operatmg day
8.48.140 Tests
(a) It shall be the responsibility of the owner, or his designated agent,
of a bUilding or structure failing within the provIsions of thiS Chapter to
provide the Building and Safety DIvIsion with a written specification
performance test report indicating that the materials utilized meet the
minimum requirements These standards shall be on file with the enforcmg
authority and available to the public
(b) Whenever there IS inSUffiCient eVidence of compliance with the
provIsions of thiS Chapter or eVidence that any material or any construction
does not conform to the requirements of thiS Chapter, or In order to
substantiate claims for alternate matenals or methods of construction, the
enforcmg authonty may reqUire tests as proof of compliance to be made at
the expense of the owner or hiS agent by any agency which IS approved by
the enforCing authority
105
Specifications of testing shalf be on file with the Building and Safety
DIVIsion and available to the public
(c) SpecImens shall be representative. and the construction shalf be
verified by assembly drawings and bill of materials Two complete sets of
manufacturer or fabricator Installation instructions and full-size or accurate
scale templates for all Items and hardware shall be Included
Section 13 Chapter 852 IS hereby added to the to the Santa Monica
MUniCipal Code to read as follows
Chapter 8.52 Swimming Pools, Spas and Hot Tubs Code.
8.52.010 Adoption.
Chapters 2 through 6 of that certain document entitled "Uniform
SWImming Pool, Spa and Hot Tub Code, 1997 Edition," as pubhshed by the
International ASSOCiation of Plumbing and Mechanical OffiCial, are hereby
adopted as the SWimming Pool, Spa and Hot Tub Code of the City of Santa
MOnica
8.52.020 Pool Fencmg Regulations
(a) Standards for New Enclosures. Every person, firm or
corporation owning land on which there IS situated a sWimming pool, pond,
or other body of water which contains water 18 Inches or more In depth at
any pOint shalf completely surround such body of water or property with a
fence, wall or other structure not less than 5 feet above the adjacent gradet
106
at all places and with no opening therein more than 4 Inches In maximum
dimensions Any gate m such fence shall have a latch at least 5 feet above
the underlYing ground and such gate shall be self-closing and secured when
adults are not present
(b) Existing Enclosures. Every person, firm or corporation owning
land on which there IS situated a sWimming pool, pond, or other body of
water which contains water 18 Inches or more In depth at any pOint shall
completely surround such body of water or property With a fence, wall or
other structure not less than 4-1/2 feet above the adjacent grade at all places
and With no opemng therein more than 4 Inches In maximum dimensions
Any gate In such fence shall have a latch at least 4-1/2 feet above the
underlYing ground and such gate shall be self-closing and secured when
adults are not present
For the purposes of this Section, eXisting enclosures are those
enclosures that were constructed under valid permit Issued pnor to July 1,
1999
(c) Requirements for Nonconforming Enclosures. When an
eXlstmg pool enclosure IS replaced or repaired In excess of 50 percent of ItS
length, the enclosure shall be made to conform to all ofthe reqUIrements for
a new enclosure under prevailing law
8.52.030 Applicability of Other Codes and Laws.
The provIsions of thiS Chapter are m addition to the applicable
107
requirements In the Technical Codes and the pool enclosure reqUIrements
for public or pnvate pools as required In Chapter 31 B of the California
BUilding Code, 1998 Edition
When conflicting provIsions or requirements occur between the
provIsions of this Chapter, the Technical Codes, Administrative Code and
other codes or laws, the most restnctlve provIsions or requirements shall
govern
Section 14 Chapter 8 56 IS hereby added to the Santa MOnica MUnicipal Code to
read as follows
Chapter 8.56 Northridge Earthquake Repair.
8.56.010 Repair, Reconstruction and Reinforcement of
Unreinforced Masonry Buildings Requirements.
(a) Scope.
The owner of any unrelnforced masonry structure damaged In the
Northndge Earthquake shall, within the time limits set forth In this Chapter,
cause the bUilding to be altered to conform to the earthquake standards
specified In thiS Chapter Nothing In thiS Chapter shall allow for an extension
or exemption from Chapter 8 60 of the MUnicipal Code
BUildings desIgnated as hlstoncally or architecturally significant
landmarks on national, state or local historical registers shall also comply
With thiS Chapter At the BUilding Officer's dIscretion, modifications to the
108
standards set forth In this Chapter may be made on a case by case basIs, so
long as such modifIcations are consistent with the provIsions of the State
Historical BUilding Code
(b) Definitions.
As used In thiS Section, the follOWing terms shall be defined as
follows
Zone 1 IS one of the follOWing
(1) The area wlthm 9 feet of a public right-of-way for one-story
bUlldmgs, or
(2) The area wlthm 20 feet of a public nght of way for multi-story
bUildings
Zone 2 IS all areas not m Zone 1
8.56.020
Standards for Repair, Reconstruction and
Reinforcement of Unreinforced Masonry Buildings.
(a) General
In additIon to the requirements of Chapter 8 60, the followmg
requirements shall apply to the repair, reconstruction and reinforcement of
unremforced masonry bUildings
(1) Within 60 days ofthe date notice to the property owner [S provided
by the City, the property owner of any unremforced masonry bUilding
damaged by the January 17, 1994 Northndge earthquake or ItS aftershocks,
shall submit to the BUilding and Safety DIvIsion a report prepared by a
109
licensed engmeer, Identifying the extent of damage to the structure and the
necessary repairs Necessary repairs shall be made Within 18 months from
the d ate the notice IS provided by the City
(2) Except as provided In Subsection (c), when any portion of an
unremforced masonry bUilding such as a parapet, wall or other element has
failed or collapsed. repairs shall be made With wood frame or steel
construction, or other material structurally compatible With the unrelnforced
masonry Reinforced masonry and concrete shall not be conSidered
structurally compatible With the underlYing unremforced masonry Repairs
shall be made by December 21, 1995
(b) Parapets
(1) Any unrelnforced masonry parapet or portion thereof damaged by
the January 17, 1994 Northndge earthquake or Its aftershocks, With 10
percent or more of damage on any Side, or where the cost of repair exceeds
fifty thousand dollars, shall be braced by December 21, 1995 In accordance
With the Uniform Code for BUilding Conservation, AppendiX 1, m effect at the
time a bUlldmg permit IS Issued
(2) Any unremforced masonry parapet, or portion thereof located
Within Zone 1, shall be braced to the roof In accordance With the Uniform
Code for BUlldmg Conservation, AppendiX 1, m effect at the time the bUilding
permit IS Issued. by December 21,1995, or as part of any earthquake repair
bUilding permit. whIchever occurs first For parapets located m Zone 2, all
110
parapets shall be braced according to the timetable for making structural
alterations contained In Chapter 860 of the MunicIpal Code
(c) Walls.
(1) Any unremforced masonry wall damaged by the January 17,1994
Northndge earthquake or Its aftershocks with less than ten percent of
cracking on any elevation where the wall remains connected to the floor and
ceiling and the wall remains In plane, may be repaired With grout or epoxy
and shall be repaired an by December 21, 1995
(2) If any unrelnforced masonry wall damaged by the January 17,
1994 Northndge earthquake or Its aftershocks has any elevation out of
plane, but by less than two percent, a review and analYSIS by a licensed
engineer IS required to determine the extent of damage and the necessary
work to repair the damage Such analYSIS shall be submitted to the City by
December 21, 1994 Repairs shall be completed by December 21, 1995
(3) If any unrelnforced masonry wall damaged by the January 17,
1994 Northndge earthquake or Its aftershocks has any elevation out of plane
by more than two percent, the entire wall shall be removed to the next
available hOrizontal or vertical structural boundary
(d) Vacant Unreinforced Masonry Structures located in Zone 1.
Any portion of a vacant unremforced masonry structure located In Zone 1
which was damaged by the January 17, 1994 Northndge earthquake or Its
aftershocks, where the cost of repair exceeds ten thousand dollars, shall be
III
structurally supported by December 21, 1995
8.56.030
Repair, Reconstruction, and Reinforcement of Soft
Story Buildings.
(a) Scope.
The owner of any soft story bUilding damaged In the Northndge
Earthquake shall, Within the time limits set forth In thiS Chapter, cause the
bUilding to be evaluated, repaired or retrofitted to conform to the crltena
specified In thiS Section Nothing In thiS Chapter shall allow for an extension
or exemption from Chapter 8 72 of the MunicIpal Code
8.56.040 Standards for Repair, Reconstruction and
Reinforcement of Soft Story Construction.
Within 120 days of the date of notice to the owner by the CIty, but no
later than March 31, 1995, the owner of any soft story structure damaged by
the January 17, 1994 Earthquake or Its aftershocks, where the cost of repair
IS less than 50% of the replacement value of the structure, shall submit an
engineering report prepared by a licensed engineer ("engineering report") to
the BUilding and Safety DIvIsion, except that any owner who did not receive
notice shall be granted at least an additional thirty (30) day extension by City
staff from the date the owner IS notified of noncompliance The report shall
be based on a non-rotatIonal lateral analYSIS and shall demonstrate whether
the bUilding complies With the Earthquake Design proVISions contained In
the Umform BUilding Code In effect at the time the structural engIneering
112
report IS submitted to the City If the report concludes the structure does not
comply with the provIsions, the structure shall be strengthened wlthm the
time limits and standards of Chapter 8 72 of the MUniCipal Code
Section 15 Chapter 8 60 IS hereby added to the Santa MOnica Municipal Code to
read as follows
Chapter 8.60
Seismic Strengthening Provisions for
Unreinforced Masonry Bearing Wall
Buildings.
8.60.010 Scope.
The provIsions of thiS Chapter shall apply to all eXisting unrelnforced
masonry bearing wall bUildings bUilt under valid permit, including detached
one-or two family dwellings and detached apartment houses containing less
than five dwelling Units
The provIsions of the Chapter also apply to essential and hazardous
faCIlities Such bUlldmgs or structures shall be strengthened to meet the
reqUirements of the BUilding Code of the City of Santa Monica for new
bUildings of the same occupancy category
BUildings deSignated as hlstoncally or architecturally significant
landmarks on national, state or local historical registers shall comply With the
provIsions of this Chapter At the BUilding Officer's discretion, modifications
to the retrofitting standards set forth In thiS Chapter may be made so long
113
as such modifications are consistent with the provIsions of the State Historic
BUilding Code
8.60.020
Definitions.
For the purposes of this Chapter, the definitions In the BUilding Code
and the following shall apply
Building Code IS the BUilding Code of the City of Santa Monica
Initial Determination IS the date of service for the order of the
BUilding Officer pursuant to this Chapter to the owner of any bUilding
mformlng him or her that her or she are subject to the strengthening
provIsions ofthls Chapter or Chapter 8 56 Subsequent change In ownership
shall not change the date of initial determination
Type I Building IS any unrelnforced masonry bearing wall bUilding
that must be usable In the event of an emergency, and shall Include
hospitals, police and fire stations and disaster recovery centers
Type II BUilding IS any unrelnforced masonry bearing wall bUilding
With 100 or more occupants and Without masonry shear walls or wood frame
cross-walls spaced less than 40 feet apart In each story
Type III Building IS any unrelnforced masonry bearing wall bUilding
With one of the follOWing conditIOns
(a) 100 or more occupants and With masonry or wood frame cross-
walls spaced less than 40 feet apart In each story
(b) at least 20 but fewer than 100 occupants
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Type IV Building IS any unrelnforced masonry beanng wall bUilding
with fewer than 20 occupants
Unreinforced Masonry Bearing Wall Building IS any bUilding that
has at least one masonry wallin which the relnforcmg steel IS less than 25
percent of the minimum steel ratios required by the California BUilding Code
for remforced masonry and such wall provides the vertical support for the
reaction of floor or roof-framing members
8.60.030 General Requirements.
(a) The owner of each bUilding within the scope of this Chapter shall,
Within the time limits set forth m this Chapter, cause the bUilding to be
structurally altered to conform to the earthquake standards specified In this
Chapter
(b) The owner of each bUlldmg Within the scope ofthls Chapter, which
has been analyzed to demonstrate compliance or has been structurally
altered to comply With the minimum earthquake standards m this Chapter,
shall maintain such bUilding In conformity With the requirements of this
Chapter In effect at the time of such analYSIS or structural alteration
(c) BUildings Within the scope of this Chapter may not be added to or
structurally altered or otherwise remodeled WIthout first complymg With the
proVIsions of this Chapter unless the BUilding Officer determines that the
alterations are minor In nature
(d) Notwithstanding any other proVIsions of this Code to the contrary,
115
It shall be unlawful for any person, fIrm or corporation to maintain, use or
occupy any bUlldmg withIn the scope ofthls Chapter which does not meetthe
mlnlmum earthquake standards specified In this Chapter
This provIsion shall not apply If alteration or repair work has
commenced to brmg the bUilding Into compliance with requirements of this
Chapter, and such work IS proceeding In accordance with the time limits set
forth In any order of the BUilding Officer or determination of the NUisance
Abatement Board
8.60.040
Demolition.
An owner deslnng to demolish a bUIlding must nevertheless comply
with the strengthening provIsions of this Code wlthm the time allowed unless
such owner receives permission to demolish the bUilding prior to the time
limits set forth In thiS Chapter for the filing of a permit and the submlttmg of
plans to the BUilding Officer
Such an owner shall submIt a demolition permit application to the
BUild Ing Officer and shall meet all of the requirements for demolition Imposed
by thiS Code, Including but not limited to, those reqUIrements set forth In
Section 9 04 10 16 010 of thiS Code, before such a demolition shall be
permitted Nothing In thiS Chapter shall be deemed to relieve a bUilding
owner of meeting the requirements for demolition of a bUilding Imposed by
any other applicable law or regulation
116
8.60.050
Seismic Provisions.
(a) Essential and Hazardous Facilities. Essential and hazardous
facIlities shall be strengthened to meetthe reqUirements ofthe BUilding Code
of the City of Santa Monica for new bUildings of the same occupancy
category
(b) All Other Buildings All bUildings, other than essential or
hazardous faCIlities, shall be strengthened to meet the requirements of that
certain document entitled "AppendiX Chapter I of the Uniform Code of
BUilding Conservation, 1997 Edition" published by the International
Conference of Building OffiCials, adopted herein by reference. and the
additional proVISions of thiS Chapter
8.60.060 Timetable for Compliance.
The time limits set forth below shall begin to run from September 29,
1992 or from initial determination, whichever IS later The owner of any
occupied or vacant bUilding wlthm the scope of thiS Chapter shall comply
With the reqUirements of thiS Chapter by filing for a permit, submitting plans
to the BUilding Officer, commencing construction and completing
constructIon Within the time limits speCified below
Such plans shall be prepared by a State of California licensed
architect or registered CIVil or structural engineer After plans are filed and
approved by the BUilding Officer, the owner shall obtain a bUilding permit and
then commence and complete the required construction Within the tIme limits
117
set forth below 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 provIsions of this Chapter shall be waived by the
BUilding Officer
An owner electing to Install wall anchors pursuant to the provIsions of
thiS Chapter IS also required to structurally alter the bUilding to make It fully
comply with all other provIsions of thiS Chapter within the tIme limits set forth
In Table 8 60-A below
Table 8.60-A
Required Action by BUlldmg Type File for Permit and Submit Commence Complete
Owner Plans to Buildmg Officer Construction Construction
Withm Within Within
A Install wall anchors Type I, II. III. IV 180 days 270 days 1 year
B If wall anchors Type I 635 days. (1 year 9 months) 2 years 4 years
Installed, then make Type II 635 days, (1 year 9 months) 2 years 4 years
structural alterations Type III 2825 days (7 years 9 months) 8 years 10 years
Type IV 2825 days (7 years 9 months) 8 years 10 years
C If wall anchors are Type I 270 days 1 year 2 years
not Installed. then make Type 11 270 days 1 year 2 years
structural alterations Type III 1000 days (2 years 9 months) 3 years 4 years
Type IV 1365 days (3 years 9 months) 4 years 5 years
8.60.070
Administration.
(a) Building Classification The BUilding Officer shall determine the
occupant load and claSSification of bUilding type The occupant load shall be
determined In accordance With the BUilding Code and shall Include the entire
118
bUilding plus the occupant load of any adjacent bUilding that Interconnects
wIth the subject bUilding or uses the subject bUilding for eXiting purposes
(b) Contents of Order When the BUilding Officer determines that
a bUilding IS wlthm the scope of thiS Chapter, the BUilding Officer shall Issue
an order as provided herein
The order shall specify that the bUilding has been determined by the
BUilding Officer to be within the scope of thiS Chapter and, therefore. IS
required to meet the seIsmiC strengthening provIsions of thiS Chapter The
order shall specify the BUilding Type classification and shall set forth the
owner's alternatives and time limits for compliance
(c) Service of Order. The order shall be m writing and may be given
either by personal delivery thereof to the owner or by deposit m the United
States mall In a sealed envelope, postage prepaid, addressed to the owner
as shown on the last equalized assessment roll Service by mall shall be
deemed to have been completed at the time of deposit m the U S mall The
failure of any owner to receive such notice shall not affect In any manner the
validity of any of the proceedings taken thereunder Proof of giving notice
may be made by an affidaVit of any employee of the City which shows
service In conformity With thiS Section BUilding and Safety CommiSSion
action, NUisance Abatement Board action, BUilding Officer administrative
action, other correspondence between the City and the building owner or
bUilding owner's representative, or other eVidence of knowledge of
119
notIfication shall also be deemed as proof of giVing notice
(d) Recordation. At the time that the BUllchng OffIcer serves the
aforementioned order, the BUilding Officer shall file with the Office of the
County Recorder a certificate stating that the subject bUilding IS within the
scope ofthls Chapter The certificate shall also state that the bUilding owner
thereof has been ordered to structurally analyze the bUilding and to
structurally alter It If the BUilding Officer determines the bUilding IS not m
compliance with thIS Chapter
If the bUilding IS either demolished, found not to be within the scope
of thiS Chapter, or IS structurally capable of resisting minimum seismiC forces
required by thiS Chapter as a result of structural alterations or an analysIs,
the BUilding Officer shall file with the Office of the County Recorder, a
certificate terminating the status of the subject bUilding as being classified
wlthm the scope of thiS Chapter
8.60.080 Appeals.
(a) Initial Determination.
The owner of any bUlldmg may appeal the BUilding Officer's initIal
determmatlon that the bUilding IS wIthin the scope of thiS Chapter to the
BUilding and Safety Commission Such appeal shall be filed with the
Commission by December 28, 1992 or within ninety (90) days of date of
Initial determination, whichever IS later Any such appeal shall be deCided
by the BUilding and Safety Commission no later than ninety (90) days after
120
filing and the grounds thereof shall be stated clearly and concisely
(b) Abatement Proceedings.
Appeals or requests for modifications from any other determinations,
orders, or actions by the BUilding OffiCial pursuant to thiS Chapter for the
purposes of abatement under the Dangerous BUlldmg Code or Abatement
of NUisances shall be made m accordance with the procedures established
In Chapters 8 88 and 8 96 of thiS Code
8.60.090 Enforcement.
If the owner m charge or control ofthe subject bUlldmg falls to comply
with thiS Code wlthm any of the time limits set forth herem, the BUilding
Officer may order that the entire bUilding be vacated and that the bUilding
remam vacated until thiS Code has been compiled with
If compliance has not been InitIated within ninety (90) days after the
date the bUilding has been ordered vacated or such additional time as may
have been granted by the NUIsance Abatement Board, the BUilding Officer
may
(a) commence the bUilding's demolition In accordance with the
provISions of Section 102 ofthe California BUilding Code, 1998 Edition, and
In accordance with the Uniform Code for the Abatement of Dangerous
BUIldings, as adopted by the City, or
(b) undertake and complete such structural alteration of the bUIlding
as may be necessary m the sole Judgment of the BUildIng Officer to cause
121
the bUilding to conform to the earthquake standards specified In this Chapter,
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 Section
without compliance wIth all City laws and regulations governing demolitions
8.60.100 Temporary Stay of Enforcement Based on Severe
Financial Hardship.
The owner of any bUilding may appeal for a temporary stay of
enforcement on the basts of severe financial hardship from compliance with
thiS Chapter Such appeal shall be filed with the City's Director of Fmance
no later than February 26, 1993
Any such appeal shaH be deCided by the Director of Finance no later
than nmety (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 Section 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
Section shall result m severe financial hardship Such documentary
eVidence may mclude, 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
122
Director of Finance 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 Director of Finance shall result m denial of
the request for a temporary stay of enforcement
Any person denied a temporary stay of enforcement by the Director
of Fmance may appeal the denial to a three person FinanCial Hardship
Appeal Board established by the City Manager Any such appeal shall be
made In wrltmg wlthm ten (10) days of the denial and shall be based on the
eVidence supplied to Director of Finance The Appeal Board may approve
or deny any appeal and may relieve an owner from full or partial compliance
With the requirements of thiS Chapter, as the Appeal Board m 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 appeal-
able to the City Council The Appeal Board IS authOrized to establish
procedures for the processmg and conSideration of appeals
In any case where a bUlldmg IS exempted from compliance With thiS
Chapter on the basIs offlnanclal hardship, such exemption shall be null and
VOid and of no further force or effect at the time the bUilding IS sold or
expenences a major change of occupancy as defmed by the BUilding Officer
8.60.110 Canopies.
Prior to commencement of construction of any of the structural
alterations reqUired by thiS Chapter, a pedestrian protection canopy shall be
123
constructed below any unremforced masonry wall adjacent to any public ng ht
of way Said canopy shall conform to the standards developed by the
DIrector of EnvIronmental and Public Works
8.60.120 Shear Test Criteria for Mortar Quality.
(a) Test Equipment.
An Internal caliper, graduated In 0001 of an Inch (0025 mm)
Increments shall be used to measure movement of the masonry unit A
hydraulic Jack equipped with a pressure gauge graduated In Increments of
50 pSI (345 kPa) or less shall be used The Jack load shall be applIed at a
rate not exceeding 5,000 pounds (22240 N) per minute.
(b) Minimum Number of Technicians and Test Readings.
The test shall be conducted by a minimum of two technICians Load
and displacement readings shall be recorded at the follOWing Intervals
(1) At a caliper reading of 0001 Inch (0025 mm).
(2) At the first visually-observed sign of movement or cracking of the
mortar or masonry unit,
(3) At a caliper reading of 0 02 Inch (051 mm), and
(4) The ultImate load on the umt
(c) Representative Test Locations.
The masonry Unit to be tested shall not be located adjacent to a bond
course In a bnck wall laid In common bond Tests to evaluate the mortar
quality of structural walls shall not be conducted In masonry veneer.
124
Walls with mortar values which are consistently low and do not meet
the minimum quality values specified In this Section shall be entIrely pOinted
per Uniform BuildIng Code Standard 21-8 except that the depth of JOint
penetration shall be 1-1/2 Inch (38 mm) In lieu of the 3/4 Inch (19 mm)
specified
(d) Core Tests. A minimum number of mortar test specimens equal
to the number of required cores shall be prepared from the cores and tested
as specified herein The mortar joint of the outer wythe of the masonry core
shall be tested In shear by plaCing the circular core Section m a compression
testmg machme with the mortar bed Jomt rotated 15 degrees from the aXIs
of the applied load The mortar Jomt tested In shear shall have an average
ultimate stress of 20 pSI (138 kPa) based on the gross area The average
shall be obtained from the total number of cores made If test specImens
cannot be made from cores taken, the shearvalue shall be reported as zero
SectIon 16 Chapter 8 64 IS hereby added to the Santa MOnica MUniCipal Code to
read as follows
Chapter 8.64 Seismic Strengthening Provisions for
Existing Concrete and Reinforced Masonry
Wall Buildings with Flexible Diaphragms
8.64.010 Purpose.
The purpose of thiS Chapter IS to promote public safety and welfare
125
by reducmg the risk of death or Injury that may result from the effects of
earthquakes on concrete and reinforced masonry wall bUildings with flexible
diaphragms designed under the bUilding Codes In effect prior to the 1992
California BUilding Code Past earthquakes have shown that such bUildings
are potentially hazardous and prone to slgnrflcant damage, mcludlng pOSSible
collapse, In a moderate to major earthquake
ThIS Chapter provides priOrities, time periods, and standards under
which these bUlldmgs are required to be structurally analyzed and
strengthened for seismIC resIstance Where the analYSIS determines that
structural defiCienCies eXist, thIS Chapter requires the bUilding to be
strengthened
8.64.020 Scope.
The proVISions of thiS Chapter apply to all eXistIng concrete or
rell1forced masonry bUildings With fleXible dIaphragms, including tilt-up
concrete wall bUIldings, designed under the bUIlding Codes In effect pnor to
the 1992 California BUilding Code
BUildings designated as histOrically or architecturally slgnrficant
landmarks on national, state or local histOrical registers shall also comply
With the proVISions of thiS Chapter At the BUilding Officer's discretion,
modifIcations to the standards set forth m thiS Chapter may be permitted
when such modifications are consistent With the proVISions of the State
HistOrical BUlldmg Code
126
This Chapter requires the wall anchorage system, as defined herein,
to be analyzed, designed and strengthened In conformance with the
earthquake design standards of the BUildIng Code of the City of Santa
Monica In effect at the time of permit Issuance for the strengthening work
SeismIc strengthening In place pnor to December 12,1995 shall be
evaluated according to the provIsions of this Chapter and modifIed to comply
If deficient
8.64.030
Definitions.
For purposes of this Chapter, the applicable defInitIOns In the BUIlding
Code of the City of Santa MOnica and the follOWing shall apply
Anchorage System IS the system of all structural elements and
connections which support the concrete or masonry wall In the lateral
direction, Including diaphragms and subdlaphragms, wall anchorage and
continuity or cross tie connectors m subdlaphragms and main diaphragms
for retrofit and repairs
Building Code IS the BUilding Code of the City of Santa MOnica
Commenced Construction IS construction pursuant to a valid
building permit that has progressed to the pomt that one of the called
mspectlons as required by the BUilding and Safety DIVISion has been made
and the work for which the inspection has been called has been Judged by
the BUilding and Safety DIVISion to be substantial and has been approved by
the BUilding and Safety DIVISion
127
Concrete Wall Building IS, for the purposes of this Chapter, any
bUilding that has a least one concrete wall whIch mayor may not have
suffiCient reinforcing steel as reqUIred by the BUilding Code
Date of Engineering Report Submittal IS either that date upon which
the report was due to be submitted to the City. or the date of actual submittal
to the City, whichever IS earlier
Existing Building IS any bUilding, which as of December 12,1995,
has been Issued a certificate of occupancy or has been legally occupied
Expansion Anchor IS a mechanical fastener placed In hardened
concrete or assembled masonry, desIgned to expand In a self-dnlled or pre-
drilled hole of a specified size and engage the Sides of the hole In one or
more locations to develop shear and/or tension resistance to applied loads
without grout, adheSive or drypack
Flexible Diaphragm IS, for the purposes of thiS Chapter, any
diaphragm constructed of wood structural panel, diagonal or straight wood
sheathing or decking, metal decking without a structural concrete tOpping, or
hOrizontal rod bracIng
Reinforced Masonry Wall Building IS, for the purposes of thiS
Chapter, a bUilding that has at least one masonry wall which has 25% or
more of the relnforcmg steel ratios required by the BUilding Code for
reinforced masonry and IS not classified as an unrelnforced masonry wall
bUilding pursuant to Chapter 860 of the MUnicipal Code
128
Retrofit IS an Improvement of the lateral force resisting system of the
structure by an alteration of eXisting or addition of new structural elements
Tilt-up Concrete Wall IS a form of precast concrete panel
constructIon either cast m the honzontal position at the site and after cunng,
lifted and moved Into place In a vertical position, or cast off-Site In a
fabricator's shop
Type I Building IS any concrete wall or reinforced masonry wall
bUilding that must be usable In the event of an emergency, and shall Include
hospitals, police and fire stations and disaster recovery centers
Type II Building IS any concrete wall or reinforced masonry wall
bUilding With 100 or more occupants
Type III BUilding IS any concrete wall or reinforced masonry wall
bUilding With at least 20 but fewer than 100 occupants
Type IV Building IS any concrete wall or reinforced masonry wall
bUilding With fewer than 20 occupants
8.64.040 General Requirements.
(a) The owner of each bUilding Within the scope of this Chapter shall
cause an InvestIgation of the eXlstmg construction and a structural analYSIS
to be made of the building by a cIvil or structural engineer or architect
licensed by the State of California, and If the bUilding does not meet the
minimum standards specified In thiS Chapter, the owner shall cause It to be
structurally altered to conform to such standards
129
(b) The ownerof each bUilding within the scope of this Chapter, which
has been analyzed to demonstrate compliance or structurally altered to
comply with the minimum earthquake standards In this Chapter, shall
maintain such bUilding In conformity with the requirements ofthls Chapter In
effect at the time of such analysIs or structural alteration
(c) BUildings wlthm the scope of this Chapter may not be added to or
structurally altered or otherwise remodeled without first complYing with the
provIsions of thiS Chapter unless the BUilding Officer determines that the
alterations are minor In nature
(d) Notwithstanding any other provIsions ofthls Code to the contrary,
It shall be unlawful for any person, firm or corporation to maintain, use or
occupy any bUilding Within the scope of this Chapterwhlch does not meetthe
minimum earthquake standards speCified In thiS Chapter
ThiS provIsion shall not apply If alteration or repair work has
commenced to bnng the bUilding Into compliance With requirements of this
Chapter, and such work IS proceeding In accordance With the time limits set
forth In any order of the BUilding Officer or determination of the NUisance
Abatement Board
8.64.050
Demolition.
An owner desiring to demolish a bUilding must nevertheless comply
With the strengthening proVIsions of thiS Code Within the time allowed unless
such owner receives permission to demolish the bUilding pnor to the time
130
limits set forth In Section 864060 of the MUnicipal Code for the filing of a
permit and the submitting of plans to the BUlldmg Officer
Such an owner shall submit a demolition permit application to the
Bu lid Ing Officer and shall meet all ofthe requirements for demolltlon Imposed
by thiS Code mcludlng, but not limited to those requirements set forth In
Section 9 04 10 16 010 of thiS Code, before such a demolition shall be
permitted Nothing m thiS Chapter shall be deemed to relieve a bUilding
owner of meeting the requirements for demolition of a bUilding Imposed by
any other applicable law or regulatIon
8.64.060. Time Period for Compliance.
Engineering Report Within 275 days of the date of notice to the
owner by the City, the owner of any Tilt-Up bUilding constructed to pre-1992
California BUilding Code standards shall submit an engineering report to the
BUilding and Safety DIVISion The report shall demonstrate whether the
structure conforms to the Earthquake DeSign Standards contained In the
BUilding Code of Santa Monica In effect at the time the report IS submitted
to the City If the report concludes the structure does not comply With the
standards, the structure shall be strengthened to comply With the standards
Within the time periods shown In Table 8 64-A below
131
Table 8.64-A
BUlldmg Time Limits for Owner
Type
File for Permit! Commence Complete Construction
Submit Plans Construction
I 60 days from date of 150 days from date of 1 year from date of
engineering report submittal engineering report submittal engineering report submittal
II 180 days from date of 270 days from date of 3 years from date of
engineering report submittal engineering report submittal engineering report submittal
III 1 % years from date of 1 year 8 months from date of 3 years from date of
engineering report submittal engineering report submittal engineering report submittal
IV 2 years 5 months from date of 2 years 8 months from date of 4 years from date of
engineering report submittal engineering report submittal engineering report submittal
8.64.070
Administration.
(a) Building Classification. The BUIlding Officer shall determme the
occupant load and claSSification of bUilding type The occupant load shall be
determined In accordance With the BUlldmg Code and shall Include the entire
bUilding plus the occupant load of any adjacent bUilding that mterconnects
With the subject bUilding or uses the subject bUilding for eXltmg purposes
(b) Contents of Order. When the BUilding Officer determines that
a bUilding IS wlthm the scope of thiS Chapter, the BUilding Officer shall Issue
an order as proVided herem
The order shall specify that the bUilding has been determined by the
BUlldmg Officer to be WIthin the scope of thiS Chapter and, therefore, IS
required to meet the seismiC strengthening provIsions of thiS Chapter The
order shall specify the BUilding Type claSSification shall set forth the owner's
l~'"l
J.;.
alternatives and time lImits for compliance
(c) Service of Order. The order shall be m writing and may be given
either by personal delivery thereof to the owner or by depOSit In the Umted
States mall In a sealed envelope, postage prepaid, addressed to the owner
as shown on the last equalized assessment roll Service by mall shall be
deemed to have been completed at the time of depOSit In the U S mall The
failure of any owner to receive such notice shall not affect In any manner the
validity of any of the proceedings taken thereunder Proof of giVing notice
may be made by an affidaVit of any employee of the City which shows
service In conformity With this Section BUilding and Safety CommIssion
action, NUisance Abatement Board action, BUilding Officer admmlstratlve
actIon, other correspondence between the City and the bUildIng owner or
bUilding owner's representative, or other eVidence of knowledge of
notification shall also be deemed as proof of giving notice
(d) Recordation. At the time the BUilding Officer serves the
aforementioned order, the BUlldmg Officer shall fIle With the Office of the
County Recorder a certificate stating that the subject bUlldmg IS Within the
scope of thiS Chapter The certificate shall also state that the owner thereof
has been ordered to structurally analyze the bUilding and to structurally alter
It when the BUilding Officer determines the bUilding IS not In compliance With
thiS Chapter
If the bUilding IS either demolished. found not to be Within the scope
1~~
::u
of this Chapter, or IS structurally capable of resisting minimum seismiC forces
reqUired by this Chapter as a result of structural alterations or an analYSIS,
the BUlldmg Officer shall file With the Office of the County Recorder a
certificate terminating the status of the subject building as being classified
Within the scope of thiS Chapter
8.64.080 AnalYSIS And Design.
(a) General. BUildings shall have an anchorage system conformmg
to the BUilding Code, except as modified herein
(b) Wall Panel Anchorage Concrete and masonry walls shall be
anchored to all floors and roofs which proVide lateral support for the wall.
The anchorage shall proVide a pOSitive direct connection between the wall
and floor or roof construction that IS capable of resisting a honzontal force as
required In the BUilding Code The required anchorage shall be based on
the tnbutary wall panel assuming Simple supports at floors and roofs unless
otherwIse approved by the BUilding Officer
(c) Special Requirements for Wall Anchors and Continuity Ties.
(1) New or eXisting wall anchors shall be proVided to resist out-of-
plane forces, mdependent of eXisting shear anchors Anchorage must be
provided m addition to the diaphragm sheathing
(2) EXisting cast-In-place shear anchors may be used as wall anchors
If the tie element can be readily attached to the anchors and If the engineer
or architect can establish tension values for the eXisting anchors through the
134
use of approved as-bUilt plans or testing, and through analysIs showing that
the bolts are capable of resisting the total shear load (lncludmg dead load)
while being acted upon by the maximum tension force due to earthquakes
The BUilding Officer shall approve all criteria for analysIs and testIng of
eXisting anchors
(3) Anchors used m combination shall be of compatible behavior and
stiffness
(4) Expansion anchors are not allowed when loaded In tension Use
of eXisting connectors that were bent or stretched from their mtended use
shall be prohIbited
(d) Development of Anchor Loads into the Diaphragm.
(1) Development of anchor loads Into roof and floor diaphragms shall
comply with the BUilding Code
(2) If continuously tied girders are present, then the maximum
spacing of the continuity ties may be the greater of the girder spacing or 24
feet
(3) Lengths of development of anchor loads In wood diaphragms shall
be based on eXisting field nailing of the sheathing unless eXisting edge
nailing IS positively Identified on the original construction plans or at the site
(4) At reentrant corners, where continUity collectors do not eXist, they
shall be prOVIded New collectors shall be designed to the capacity required
to develop mto the diaphragm a force equal to the lesser of the rocking or
135
shear capacIty of the return wall, or the tributary shear The capacity of the
collector need not exceed the capacity of the diaphragm Shear anchors for
the return wall shall be commensurate with the collector force If a truss or
beam. other than rafters or purllns, IS supported by the reentrant wall or by
a col umn Integral with the reentrant wall, an mdependent secondary column,
IS reqUired to support the roof or floor members whenever rocking or shear
capacity of the reentrant walliS less than the tnbutary shear
(e) Anchorage at Pilasters.
Anchorage of pilasters shall be deSigned for the tributary wall
anchoring load per the BUlldmg Code The pilasters or the walls ImmedIately
adjacent to the pilasters shall be anchored directly to the roof frammg such
that the eXlstmg vertical anchor bolts at the top of the pilasters are bypassed
without permitting tension or shear failure at the top of the pilasters unless
sufficient extenor confinement IS proVided
(f) Mezzanines.
EXlstmg mezzanines relYing on the tilt-up or remforced masonry walls
for vertical or lateral support shall be anchored to the walls for the tnbutary
mezzanine load Walls dependmg on the mezzanme for lateral support shall
be anchored per the BUilding Code
(g) Interior Partitions.
EXlstmg interior masonry or concrete walls not deSigned as shear
walls that extend to the floor above or to the roof diaphragm shall also be
136
anchored for out-of-plane forces per the BUilding Code Wall extending
through the roof diaphragm shall be anchored for out-of-plane forces on both
sides to provide diaphragm contmulty
In the In-plane directIon. the walls may be Isolated or shall be
developed Into the diaphragm for a lateral force equal to the lesser of the
rocking or shear capacIty of the wall, or the tributary shear but need not
exceed the diaphragm capacity
8.64.090
Plan Requirements.
(a) General. In additIOn to the seIsmiC analYSIS reqUired elsewhere
In this Chapter, the licensed engineer or architect responsible forthe seismic
analYSIS of the bUlldmg shall record the information reqUired by this Section
on the plans
(b) Information Required. The plans shall accurately reflect the
results of the engineering Investigation and deSign and show all pertinent
dimenSions and sizes for plan review and construction The follOWing shall
be provided
(1) Floor plans and roof plans shall show eXIsting framIng
construction, diaphragm construction, proposed wall anchors, crosstles and
collectors EXisting nailing, anchors, ties and collectors shall also be shown
on the plans If these are part of the deSign and when these structural
elements need to be verified during construction and Inspection
(2) At elevations where there are alterations or damage, details shall
1'"'7
~.
show roof and floor heights, dImensions of openrngs, location and extent of
eXlstmg damage, and proposed repair
(3) TYPical wall panel Sections with panel thickness, height, location
of anchors shall be provided
(4) Details shall mclude eXisting and new anchors and the method of
development of anchor forces Into the diaphragm framing, eXlstmg and/or
new crosstles, eXisting and/or new or Improved support of roof and floor
gIrders at pilasters or walls
(5) The basIs for design and desIgn code shall be stated on the plans
Section 17 Chapters 8 68 IS hereby added to the Santa Monrca MUnicipal Code to
read as follows
Voluntary Seismic Strengthening provisions
for Cripple Walls and Sill Plate Anchorage in
Single Family Dwellings.
8.68.010 Purpose.
The provISions of this Chapter are Intended to promote publiC safety
and welfare by redUCing the risk of earthquake-Induced damage to eXisting
wood-framed single family dwellings The requirements contained In this
Chapter shall substantially Improve the seismiC performance of these
bUildings but WIll not necessanly prevent all earthquake-related damage
When fully followed, these standards Will strengthen the portion of the
Chapter 8.68
138
structure that IS most vulnerable to earthquake damage
Pnorto 1960, many wood frame dwellings were bUlltwlth raised wood
floors supported by short wood stud walls known as cripple walls These
cnpple walls are typically braced With weaker seismiC materials such as
portland cement plaster or hOrizontal wood SIdIng In addition, earlier
bUIlding codes dId not requIre wood frame bUildings to be bolted to their
foundatIons Recent earthquakes of moderate magnitude have shown that
If a bUilding has weak cnpple walls or IS unbolted, It may fall off Its
foundation Fallen bUlldmgs have collapsed, caught fire or needed extensive
repairs to restore their occupancy
8.68.020 Scope.
Owners of any light wood-frame sIngle famIly dwellings, which contam
one or more of the follOWing structural weaknesses, are encouraged to
seIsmically retrofit theIr bUlldmgs pursuant to the proVIsions of thIS Chapter
(a) Sill plates or f100rframlng that are supported directly on the ground
Without an approved foundation system
(b) Perimeter foundation system that IS constructed only of wood
posts supported on Isolated pad footings
(c) Penmeter foundation system that IS not continuous at locations
other than eXisting Single-story extenor walls not exceeding 10 feet (3084
mm) m length forming an extension of floor area beyond the line of an
eXisting contmuous perimeter foundation or at porches. storage rooms and
139
similar spaces not containing fuel-burnmg appliances.
(d) Perimeter foundation system that IS constructed of unrelnforced
masonry
(e) Sill plates that are not connected to the foundation or Sill plate that
are connected with less than what IS required by the BUilding Code
(f) Floor framing members that are supported directly on an approved
foundation system wIthout a Sill plate and are not connected to the
foundation or are connected with less than what IS required by the BUilding
Code
(g) Cripple walls that are not braced In accordance with the
requirements of this Chapter and Table 8 68-A or cripple walls not braced
with diagonal sheathing or wood structural panels In accordance with the
BUild Ing Code
(h) Cripple walls or Sill plates that are not connected to the floor
diaphragm above or are connected with less than what IS required by the
BUilding Code
8.68.030
Definitions.
For the purpose of this Chapter, In additIon to the applicable
definitions In the BUilding Code, certain additional terms are defined as
follows
Adhesive Anchor IS a fastener placed m hardened concrete or
masonry that derives Its holding strength from a chemical adheSive
140
compound placed between the wall of the hole and the embedded portion of
the anchor
Anchor Side Plate IS a metal plate or plates used to connect a Sill
plate to the SIde of a concrete or masonry stem wall
Building Code IS the BUilding Code of the City of Santa MOnica
Cripple WalliS a wood-framed stud wall extending from the top of the
foundation to the underside of the lowest floor frammg
Expansion Anchor IS a mechanical fastener placed In hardened
concrete or assembled masonry, designed to expand In a self-dnlled or pre-
drilled hole of a speCified size and engage the Sides of the hole In one or
more locations to develop shear and/or tension resistance to applied loads
without grout, adheSive or drypack
Perimeter Foundation IS a foundation system which IS located under
the exterior walls of a bUilding
Snug-tight IS as tight as an Individual can torque a nut on a bolt by
hand uSing a wrench with a 10-lnch (254 mm) long handle and the pOint at
which the full surface of the plate washer IS contacting the wood member and
slightly Indents the wood
Unreinforced Masonry Includes adobe, burned clay, concrete or
sand-lime bnck, hollow clay or concrete block, hollow clay tile, rubble, cut
stone and unburned clay masonry walls
141
8.68.040 General Strengthening Requirements.
(a) Scope. The structural weaknesses noted In Section 868020
shall be strengthened In accordance With the requirements of this Chapter
Strengthening work may Include both new construction and alteration of
eXisting construction Except as provIded herein, all strengthening work and
matenals shall comply With the applicable provIsions of the BUilding Code
Alternate methods of strengthening shall be allowed provided such systems
are designed by an engineer or architect and approved by the BUilding
Officer
(b) Use of Prescriptive Provisions. The prescnptlve provIsions of
thiS Chapter apply to light wood-frame Group R, DIVISion 3 and Group R
DIVISion 1 Occupancies With no more than four dwelling units when they
contain one or more of the structural weaknesses as specified In Section
8 68 020
The prescriptive proVIsions of thIS Chapter do not apply to the
bUildings or elements thereof, listed below These bUildings or elements
require analYSIS In accordance With all the requirements of the BUilding
Code
(1) BUildings With a lateral force resisting system uSing poles or
columns embedded In the ground
(2) Cnpple walls that exceed four feet (1234 mm) In height
(3) BUildings exceeding two stones In height and any two-story
142
bUilding with cnpple wall studs exceeding 14 Inches (360 mm) m heIght
(4) BUildings where the BUilding Officer determmes that conditions
eXist that are beyond the scope of the prescnptlve requirements of thiS
Chapter
The BUlldmg Officer shall prepare prescriptive construction details for
use In strengthening work These prescnptlve details and the prescriptive
prOVISions herein are not Intended to be the only acceptable strengthening
methods permitted Alternate details and methods may be used when
approved by the BUlldmg Officer
(c) Engineered Designs. When analYSIS by an engmeer or architect
IS required or prOVided for a bUilding Within the scope of thiS Chapter, such
analYSIS shall be In accordance With all requirements of the BUilding Code
except that the scope of the strengthening work shall be limited to the part
of the load path from the connection of the first floor diaphragm to the
foundation-sOil Interface
8.68.050 Requirements Applicable to Engineered and
Prescriptive Methods.
(a) Condition of Existing Wood Materials. All eXisting wood
materials which will be a part of the strengthening work shall be In a sound
condition and free from defects which substantially reduce the capacity ofthe
member Any wood material found to contain fungus infection shall be
removed and replaced With new matenal Any wood matenal found to be
143
Infested with msects or to have been Infested shall be strengthened or
replaced With new materials to provide a net dimenSion of sound wood at
least equal to Its undamaged onglnal dimension
(b) Floor Joists Not Parallel to Foundations. Floor JOistS framed
perpendicular or at an angle to penmeter foundations shall be restrained by
either an eXisting nommal two-mch (51 mm) wide contmuous nm JOist or by
nominal two-inch (51 mm) wide full depth blockIng between alternate JOistS
In one- and two-story bUlldmgs, and between each JOist In three-story
bUlldmgs Blockmg for multistory bUlldmgs must occur at each JOist space
above a braced cnpple wall panel
EXisting connections at the top edge of an eXlstmg rim JOISt or blocking
need not be verified The bottom edge connection to either the foundation
Sill plate or top plate of a cnpple wall shall be venfled unless a supplemental
connection IS provided The minimum eXisting bottom edge connectIon shall
consIst of 8d toe nails spaced SIX Inches (152 mm) apart for a continuous nm
JOiSt or three ad toe nails per block When this mmlmum bottom edge
connection IS not present, or IS not verified, a supplemental connection shall
be provided In accordance With Subsection (d)
When an eXIsting continuous nm jOist or the minimum eXisting
blocking does not occur, new 1% Inch (29 mm) wood structural panel
blockmg Installed tightly between floor JOists and nailed With 10d common
nails at four Inches on center to the Sill or wall top plate shall be proVIded at
144
the inside face of the cripple wall In lieu of 1% Inch (29 mm) wood structural
panel blocking, tIght fitting, full or near full depth two Inches nominal Width
(51 mm) lumber blockmg shall be allowed provided It does not spilt dUring
Installation New blockmg may be omitted where It WIll Interfere with vents
or plumbing that penetrates the wall.
(c) Floor Joists Parallel to Foundations.
Where eXisting floor JOists are parallel to the penmeter foundations,
the end JOist shall be located over the foundation and I except for required
ventilation openings, shall be continuous and In continuous contact With any
eXisting foundation Sill plate or top plate of the cnpple wall EXisting
connections at the top edge connection ofthe end JOist need not be venfied,
however, the bottom edge connection to either the foundation Sill plate or the
top plate of a Cripple wall shall be venfied unless a supplemental connection
IS proVided The minimum bottom edge connection shall be 8d toe nails
spaced SIX Inches (152 mm) apart If this minimum bottom edge connection
IS not present or IS not verified, a supplemental connection shall be proVIded
In accordance With Subsection (d)
(d) Supplemental connections.
Supplemental connections shall provide suffiCient strength to transfer
the seismic forces onglnatlng In the structure above to the Cripple wall, Sill
plate orfoundatlon below Framing anchors of minimum 20 gauge steel and
12 approved fasteners may be considered to meet this requirement when
145
spaced 24 mches (813 mm) on center for one story bUlldmgs and 16 mches
(610 mm) on center for two story bUlldmgs Supplemental connections for
three story bUildings shall be spaced as reqUired by analysIs m accordance
with all the requirements of the BUlldmg Code
Exception: A supplemental connection IS not required when
(1) The structural wood panel sheathing extends from the Sill plate to
the rim JOist or blocking above
(2) The floor sheathing IS nailed directly Into the SIll or top plate of the
cnpple wall
(e) Single Top Plate Ties.
When a single top plate eXists In the cnpple wall, all end Jomts In the
top plate shall be tied Ties shall be connected to each end of the
dIscontinuous top plate and shall be equal to one of the follOWing
(1) 3-mch by 6-Inch (76 mm by 152 mm) by 0 036-lnch-thlck (0 9 mm)
galvanrzed steel and nailed With SIX 8d nails at each end
(2) 1 % mches (38 mm) by 12-lnch (305 mm) by 0 058 mches (1 47
mm) galvanrzed steel nailed With SIX 16d nails at each end
(3) 2-mch by 4-mch by 12-mch wood blocking nailed With SIX 16d naIls
at each end
8.68.060
Foundations.
(a) New Perimeter Foundations.
New perimeter foundations shall be provided for structures With the
146
structural weaknesses noted In Items 1 and 2 of SectIon 8 68 030 SOil
investigations or geotechnical studies are not requIred for this work unless
the bUilding shows signs of excessive settlement or movement or IS located
In a special study zone as designated by the City of Santa MOnica or State
of California
(b) Foundation evaluation by engineer or architect
Partial penmeter foundations or unrelnforced masonry foundations
shall be evaluated by an engineer or architect for the force levels of the
BUIlding Code Test reports or other substant18tmg data to determme
eXisting foundation matenal strengths shall be submitted for review When
approved by the BUilding Officer, these foundation systems may be
strengthened In accordance With the recommendations Included With the
evaluatIon In lieu of being replaced
Exception: When approved by the BUilding Officer, testing of eXisting
foundations to determine matenal strengths shall not be required when a
new non-penmeter foundation system IS Installed to resist all lateral forces
as required In Section 860 040(a) of the Municipal Code
(c) Details for new perimeter foundations.
All new penmeter foundations shall be continuous and constructed
accordIng to the standards for new bUildings
Exceptions:
(1) When approved by the BUilding Officer, the eXisting clearance
147
between eXlstmg floor JOIsts or girders and eXlstmg grade below the floor
need not comply with the BUildIng Code This exception shall not be
permitted when bUildings are raised and relocated on new foundations
(2) When approved by the BUlldmg Officer, and when designed by an
engineer or architect, partial penmeter foundations may be used In lieu of a
continuous penmeter foundation when the new nonperlmeter foundatIon
system IS Installed to resist all lateral forces as required In Section
8 68 040(a) of the MUnicipal Code
8.68.070 Foundation Sill Plate Anchorage.
(a) Existing Perimeter Foundations.
When the bUlldmg has an eXlstmg contmuous penmeter foundation,
all penmeter wall Sill plates shall be connected to the foundation m
accordance With Table 8 68-A and thiS Section
Anchors shall be Installed With the plate washer Installed between the
nut and the Sill plate The nut shall be tightened to a snug-tight condition
after cUring IS complete for adheSIve anchors and after expansion wedge
engagement for expansion anchors The Installation of nuts on all anchors
shall be subject to VerificatIon by the BUlldmg Officer
Anchor Side plates shall be permitted when conditions prevent anchor
installation vertically through the Sill plate Anchor Side plates shall be
spaced as required for adheSive or expansion anchors but only one anchor
Side plate IS reqUired on mdlvldual pIeces of Sill plate less than 32 Inches
148
(813 mm) In length Wood structural panel shims shall be used on sill plates
for Single plate anchor side plates when the foundatIOn stem walliS from 3/16
Inch (4 8 mm) to 3/4 Inch (1 9 mm) Wider than the SIll plate The shim length
shall extend a minimum of two Inches ( 50 8 mm) past each end of the
anchor Side plate Adjustable anchor SIde plates shall be used when the
total thickness of the required shim exceeds 3/4 Inch (19 mm)
All anchor Side plates whIch use Jag or wood screws shall pre-drill the
Sill plate to prevent splitting as required by the BUlldmg Code Lag or wood
screws shall be Installed In the center of the thickness of the eXlstmg Sill
plate
ExpanSion anchors shall not be used In unrelnforced masonry or
concrete or masonry grout of poor quality AdheSive anchors shall be
required when expansion anchors Will not tighten to the required torque or
their installation causes surface cracking of the foundation wall
(b) Placement of Anchors.
Anchors shall be placed Within 12 Inches (305 mm), but not less than
mne Inches (229 mm), from the ends of Sill plates and shall be placed near
the center of the stud space closest to the required spacing New Sill plates
may be Installed In pieces when necessary because of eXisting conditIons
The minimum length of new Sill plate pieces shall be 30 Inches (762 mm)
Exception: Where phYSical obstructIons such as fireplaces, plumbing
or heating ducts mterfere With the placement of an anchor, the anchor shall
149
be placed as close to the obstruction as possible, but not less than nine
Inches (229 mm) from the end of the plate Center-to-center spacing of the
anchors shall be reduced as necessary to provide the minimum total number
of anchors reqUired based on the full length of the wall Center-to-center
spacing shall not be less than 12 Inches (305 mm).
(c) New perimeter foundations.
Sill plates for new perimeter foundatIons shall be anchored as
reqUired by the BUilding Code.
8.68.080 Cripple Wall Bracing.
(a) General.
Unless analYSIS IS provided by an engineer or architect, exterior
cnpple walls, not exceeding four feet (1219 mm) In height, shall use the
prescnptlve bracing method lIsted below Cnpple walls more than four feet
(1219 mm) In height require analYSIS by an engineer or architect m
accordance With the BUilding Code.
(b) Sheathing Requirements.
Wood structural panel sheathing shall not be less than 15/32-lnch (12
mm) thick When used, plywood panels shall be constructed of a minimum
of four piles All wood structural panels shall be nailed With 8d common nails
spaced four Inches (102 mm) on center at all edges and at 12 Inches (305
mm) on center at each mtermedlate support Nalls shall be driven so that
their head or crown IS flush With the surface of the sheathing and shall
150
penetrate the supportIng member a minimum of 1 % Inch (38 mm) When a
nail fractures the swface, It shall be left In place and not counted as part of
the reqUired nailing A new 8d nail shall be located within two Inches (51
mm) of the discounted nail and hand driven flush with the sheathing surface
All honzontal Jomts must occur over nommal two-Inch by four-Inch (51
mm by 102 mm) blocking Installed with the nominal four-Inch (102 mm)
dimenSion against the face of the plywood All vertical JOints must occur over
studs Vertical JOints at adJomlng pieces of wood structural panels shall be
centered on eXisting studs such that there IS a minimum 1/8 Inch (3 2 mm)
between the panels Nalls shall be placed a minimum of ~ Inch (12 7 mm)
from the edges of the eXisting stud When such edge distance cannot be
maintained because of the Width of the eXisting stud, a new stud shall be
added adjacent to the eXIsting and connected with 16d common nails at
eight Inches (206 mm) on center A minimum of three such nails shall be
provided
(c) Distribution and Amount of Bracing
See Table 8 68-A below for the dlstnbutlon and amount of braCing
requIred Bracmg for a bUilding WIth two or more floor levels above cnpple
wall studs exceeding 14 Inches (356 mm) In height shall be deSigned In
accordance With the BUilding Code
The length of the braced panel shall be at least two times the height
of the cnpple stud wall but not less than 48 Inches (1219 mm) All panels
151
along a wall shall be nearly equal In length and shall be nearly equally
spaced along the length of the wall Braced panels at ends of walls shall be
located as near the end as possible When the minimum amount of bracing
prescribed In Table 8 68-A cannot be Installed due to obstructions along any
wall, the bracing must be designed by an architect or engineer
Exception
(1) Where physical obstructions such as fireplaces, plumbing or
heatmg ducts Interfere With the equal spacing requirement for cnpple wall
bracing, the bracing may be placed as close to the obstruction as possible,
provided the total length of bracing required IS not reduced
(2) Required lengths of braced panels may Include underfloor
ventilation openings when the height of the solid portion of the panel meets
or exceeds 75 percent of the height of the cripple stud wall provided the
sheathing IS properly fastened to framing members or blockmg around the
opening
(3) For one and two-story bUildings, cnpple walls less than 12 Inches
In height may be braced by two-mch nommallumber nailed to the top plate
With 16d common nails at 4 Inches on center and connected to the Sill plate
With a supplemental connection as specified In Section 8 68 040(d)
VentilatIon holes In such stud spaces shall not exceed one-Inch In diameter
(d) Stud Space Ventilation.
When braCing materials are Installed on the Intenor face of studs
152
forming an enclosed space between the new bracing and eXisting exterior
fimsh, each braced stud space must be ventilated Adequate ventilatIon and
access for future inspection shall be proVided by drilling one two-Inch to
three-Inch (51 mm to 76 mm) diameter round hole through the sheathing
nearly centered between each stud at the top and bottom of the Cripple wall
Such holes should be spaced a minimum of one-Inch (25 mm) clear from the
Sill or top plates In stud spaces containing Sill bolts. the hole shall be
located on the center line of the SIll bolt but not closer than one-Inch (25 mm)
clear from the nailing edge of the sheathing
When eXisting blocking occurs WIthIn the stud space, additional
ventilation holes shall be placed above and below the blocking or the eXisting
block shall be removed and a new nominal two-Inch (51 mm) by four-Inch
(102 mm) block Installed With the nominal four-Inch (102 mm) dimenSion
against the face of the plywood For stud heights less than 18 Inches (457
mm) only one ventilation hole need be proVIded
Exception~ When two-Inch nominal braCing IS used for one and two-
story bUIldings WIth Cripple walls less than 12 Inches In heIght, ventIlation
holes shall not exceed one-Inch In diameter
(e) Underfloor Ventilation.
EXisting underfloor ventIlation shall not be reduced Without provIding
equivalent new ventilation as close to the eXisting as possible When a new
contmuous perimeter foundation system IS being Installed, ventilation shall
]53
be provIded In accordance with the Building Code
8.68.090 Quality Assurance.
(a) Inspection.
All work shall be subject to Inspection by the BUilding Officer including.
but not limited to
(1) Placement and installation of new adhesive or expansion anchors
or anchor side plates Installed In eXisting foundations
(2) Placement of required blocking and framing anchors
(3) InstallatIon and nailing of new cnpple wall bracing
(b) Special Inspection.
Unless reqUIred by the BUilding Officer or the architect or engineer of
record, special inspectIOn IS not required for sill plate anchors Installed In
eXlstmg foundations regulated by the provIsions of this Chapter
(c) Structural Observation.
Structural observation IS not reqUired for work done under the
prescriptive provISions of this Chapter When construction documents for
strengthenrng are prepared by an archItect or engineer and alternate
materials or methods are used, structural observatIon shall be proVided In
accordance with the BUIlding Code
154
TABLE 8.68.A
SILL PLATE ANCHORAGE AND CRIPPLE
WALL BRACING 1,2,3
Number of Stories Minimum Sill Plate Connection Amount of
above Cripple and Maximum Spacing Wall Bracinq
Walls
Adhesive or expansion anchors Each end and
shall be }'2-lnch (12 7 mm) not less than
One Story mInimum dlametef spaced at SIX 50% of the
feet (1829 mm) maximum center wall length
to center
Adhesive or expansIon anchors Each end and
shall be }'2-lnch (12 7 mm) not less than
mInimum diameter spaced at 70% of the
Two Story four feet (1219 mm) maximum wall lenqth
center to center, Of 5/8 Inch
(15 9 mm) spaced at SIX feet
maxImum center to center
1 Plate washers for use With adhesive or expansion anchors shall be
two-inch (51 mm) by two-Inch (51 mm) by 3/16-Inch (48 mm) for %-mch
(12 7 mm) diameter anchors and 2Y2-mch (64 mm) by 2Y2-lnch (64 mm) by
114-Inch (6 mm) for 5/8 Inch (159 mm) dIameter anchors
2 EXlstmg Sill plate anchor bolts shall be permitted to provide all or a
portIon of the sill plate connection requIrement If
a the anchor bolt IS cast In concrete and In sound condItion, and
b the diameter size and maximum spacing meets or exceeds the
reqUirements of Table 8 68-A, and
c a new plate washer conforming to footnote 1 IS Installed, and
d the nut IS connected to a snug tight condition
3 Anchor side plates shall be permitted when condItIons pfevent
anchor Installation vertically through the sIll plate
SectIon 18 Chapters 8 72 IS hereby added to the Santa MOnica MUniCIpal Code to
read as follows
155
Chapter 8.72
Seismic Strengthening Provisions For Soft,
Weak or Open Front Walls In Light, Wood-
Framed Buildings
8.72.010 Purpose
The purpose of this Chapter IS to promote the public welfare and
safety by redUCing the risk of death or mJury that may result from the effects
of earthquakes on eXisting buildings of light wood-frame construction ThIS
Chapter creates minimum standards to strengthen the more vulnerable
portions of these structures When fully followed, these mInimum standards
Will substantially Improve the performance of these bUildings but Will not
necessanly prevent all earthquake related damage
8.72.020 Scope.
The provIsions of thIS Chapter shall apply to all eXIsting wood frame
bUildings or portions thereof deSigned uSing the BUilding Code In effect
before December 12,1995 where
(a) The ground floor portIon of the wood frame structure contains
parking or other similar open floor or basement space that causes soft, weak,
or open front wall lines as defined In thiS Chapter and there eXists one or
more levels above, or
(b) The walls of any story or basement of wood construction are
laterally braced With nonconformIng structural materials as defined In thiS
Chapter and there eXists two or more levels above
156
BUlldmgs desIgnated as hlstoncally or architecturally significant
landmarks on national. state or local historical registers shall also comply
wIth the provIsions of this Chapter At the BUilding OffIcer's discretion,
modifications to the standards set forth In thiS Chapter may be permitted
when such modifications are consistent with the provISions of the State
Hlstoncal BUilding Code
8.72.030 Definitions.
Notwithstanding the applicable deflnltrons, symbols and notations In
the BUilding Code, the following definitions shall apply for the purposes of
thiS Chapter
Aspect Ratio IS the ratio of the height of a wall Section to ItS Width
Building Code IS the BUlldmg Code of the City of Santa MOnica
Cripple WalliS a wood-framed stud wall extending from the top of
the foundatIon wall to the underSide of the lowest floor framIng.
Date of Engineeri ng Report Submittal IS either that date upon which
the report was due to be submitted to the City, or the date of actual submittal
to the City, whichever IS earlier
Expansion Anchor IS an approved mechanical fastener placed In
hardened concrete, designed to expand In a self-dnlled or pre-dnlled hole of
a specified size and engage the Sides of the hole In one or more locations
to develop shear and/or tension resistance to applied loads Without grout,
adheSive or drypack
157
Ground Floor IS any floor Within the wood frame portion of a bUilding
whose elevation IS ImmedIately accessible from an adjacent grade by
vehicles or pedestrians The ground floor portion of the structure does not
Include any level that IS completely below adjacent grades
Level IS a story, basement, or underfloor space of a bUIlding with
Cripple walls exceeding four feet In height
Nonconforming Structural Materials are wall bracing matenals for
seismiC loads whose allowable shear value was reduced or whose maximum
allowable aspect ratIo was decreased since the ong Inal bUilding construction
These methods or matenals Include, but are not limited to cement or gypsum
plaster, gypsum wallboard, diagonal or let-In braCing, straight or diagonal
wood sheathIng, particle board and structural wood panels
Open FrontWall Line IS an extenorwallllne without vertical elements
of the lateral force reslstmg system which requires tnbutary seismiC forces
to be resisted by diaphragm rotatron or excessive cantilever beyond parallel
lines of shear walls DIaphragms that cantilever more than twenty-fIve
percent of the distance between hnes of lateral force reslstmg elements shall
be conSidered excessive Extenor eXit balCOnies of SIX feet or less In Width
shall not be conSidered excessive cantilevers
Retrofit IS an Improvement of the lateral force reslstmg system by
alteration of eXisting structural elements or addition of new structural
elements
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Soft Wall Line IS a wall line whose lateral stiffness IS less than
required by story dnft limitations or deformation compatibility reqUIrements
of this Chapter In lieu of analYSIS, thIs may be defined as a wall line In a
story where the story stiffness IS less than 70 percent of the story above for
the direction under conSIderatIon
Story Strength IS the total strength of all seismiC resisting elements
sharing the same story shear In the dIrectIon under conSideratIon
Type I Building IS any wood frame bUIlding that must be usable In the
event of an emergency, and shall Include hospitals, polIce and fIre stations
and disaster recovery centers
Type II Building IS any wood frame bUilding WIth 100 or more
occupants or any bUilding WIth occupied square footage other than parking
or storage on the first floor or level of the bUilding
Type III Building IS any wood frame bUilding With at least 20 but
fewer than 100 occupants
Type IV Building IS any wood frame bUIlding With fewer than 20
occupants
Wall Line IS any length of a wall along a pnnclpal aXIs ofthe bUilding
used to provide resistance to lateral loads Parallel wall lines separated by
less than four feet shall be considered one wall line for the distrrbutlon of
loads
Weak Wall Line IS a wall hne laterally braced WIth nonconforming
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structural materials or a wall line In a story where the story strength IS less
than 80 percent of the story above m the dIrection under consideratIon
Wood Frame Building IS any bUilding whose basIc structural system
IS a beanng wall system and whose lateral-force-reslstmg system IS mostly
light framed walls with shear panels but may also consIst, In lesser part, of
braced frames. moment frames or cantilevered column elements
8.72.040
General Requirements.
(a) The owner of each bUilding within the scope of the Chapter shall
cause an investigation of the eXisting construction and a structural analysIs
to be made of the bUlldmg by a cIvil or structural engineer or architect
licensed by the State of California, and If the bUIlding does not meet the
minImum standards specified In this Chapter, the owner shall cause It to be
structurally altered to conform to such standards
(b) The owner of each bUilding within the scope of this Chapter, which
has been analyzed to demonstrate compliance or structurally altered to
comply with the minimum earthquake standards In this Chapter, shall
maintain such bUild Ing In conformity wIth the req ulrements of thIs Chapter In
effect at the time of such analysIs or structural alteration
(c) BUildings within the scope of the Chapter may not be added to or
structurally altered or otherwise remodeled without first complYing with the
provIsions of this Chapter unless the BUilding Officer determines that the
alterations are minor In nature
160
(d) Notwithstanding any other provIsions ofthls Code to the contrary,
It shall be unlawful for any person, fIrm or corporation to maintain, use or
occupy any bUilding wIthin the scope of thiS Chapterwhlch does not meet the
minimum earthquake standards specified In thiS Chapter
ThiS provIsion shall not apply If alteration or repair work has
commenced to bring the bUilding Into compliance with requirements of thiS
Chapter, and such work IS proceeding In accordance with the time limits set
forth In any order of the BUilding Officer or determination of the NUisance
Abatement Board
8.72.050
Demolition.
An owner deslnng to demolish a bUilding must nevertheless comply
with the strengthening provIsions of thIS Code wlthm the time allowed unless
such owner receives permission to demolish the bUilding pnor to the time
limits set forth In thiS Chapter for the filing of a permit and the submitting of
plans to the BUilding OffIcer
Such an owner shall submit a demolitIon permit application to the
BUilding Officer and shall meet all ofthe reqUIrements for demolition Imposed
by thiS Code, including but not limited to those requirements set forth In
Section 9 04 10 16 010 of thiS Code, before such a demolition shall be
permitted Nothing In thiS Chapter shall be deemed to relieve a bUilding
owner of meeting the requirements for demolition of a building Imposed by
any other applicable law or regulation
161
8.72.060.
Time Period for Compliance.
(a) Engineering Report. Within 120 days of the date of notice to the
owner by the City, the owner of any bUilding subject to the provIsIons of this
Chapter shall submit an englneenng report to the BUilding and Safety
DIvISIon The report shall demonstrate whether the structure conforms to the
Earthquake Design provIsIons contamed In this Chapter
(b) Plan, Permits and Construction. If the report concludes the
structure does not comply With the provIsions of this Chapter, the structure
shall be strengthened to comply With the standards of this Chapter wlthm the
time periods shown In Table 8 72-A below
Table 8.72-A
BUilding Time Limits for Owner
Type
Fde for Permit! Commence Complete
Submit Plans Construction Construction
I 60 days from date of 150 days from date of 1 year from date of
engineering report submittal engineering report submIttal englneenng report submittal
II 180 days from date of 270 days from date of 3 years from date of
engineering report submittal engineering report submittal engineering report submittal
III 1 % years from date of 1 year 8 months from date of 3 years from date of
englneenng report submittal englneenng report submittal englneenng report submIttal
IV 2 years 5 months from date of 2 years 8 months from date of 4 years from date of
engineering report submittal engineering report submittal engineering report submittal
]62
8.72.070
Administration.
(a) Building Classification. The BUilding Officer shall determine the
occupant load and clasSification of bUilding type The occupant load shall be
determined In accordance With the BUilding Code and shall Include the entire
bUilding plus the occupant load of any adjacent bUlldmg that mterconnects
With the subject bUilding or uses the subject bUilding for eXiting purposes
(b) Contents of Order. When the BUilding Officer determines that
a bUilding IS Within the scope of thIS Chapter, the BUilding Officer shall Issue
an order as provided herein
The order shall specify that the bUilding has been determined by the
BUlldrng Officer to be wlthm the scope of thiS Chapter and, therefore, IS
reqUired to meet the seismIC strengthening provIsions of thIs Chapter The
order shall specify the BUilding Type classification and shall set forth the
owner's alternatIves and time limits for compliance
(c) Service of Order. The order shall be m wrrtmg and may be given
either by personal delivery thereof to the owner or by depOSit In the United
States mall In a sealed envelope, postage prepaid, addressed to the owner
as shown on the last equalized assessment roll Service by mall shall be
deemed to have been completed at the time of depOSit In the U S mall The
failure of any owner to receive such notice shall not affect In any manner the
validIty of any of the proceedings taken thereunder Proof of giVing notice
may be made by an affidaVit of any employee of the CIty whIch shows
163
service In conformIty with thIs SectIon BUIldIng and Safety CommISSion
action, NUisance Abatement Board action, BUilding Officer admmlstratlve
action, other correspondence between the City and the bUilding owner or
bUilding owner's representative, or other eVidence of knowledge of
notification shall also be deemed as proof of giving notice
(d) Recordation. At the time that the BUilding Officer serves the
aforementioned order, the BUlldmg Officer shall file with the Office of the
County Recorder a certificate statmg that the subject bUilding IS wlthm the
scope of thiS Chapter The certificate shall also state that the owner thereof
has been ordered to structurally analyze the bUilding and to structurally alter
It when the BUilding OffIcer determines the bUilding IS not In compliance with
thIS Chapter
If the bUilding IS either demolished, found not to be within the scope
of this Chapter, or IS structurally capable of resisting minimum seismiC forces
required by thiS Chapter as a result of structural alterations or an analysIs,
the BUilding Officer shall file with the Office of the County Recorder a
certificate terminating the status of the subject bUilding as being classified
within the scope of thiS Chapter
8.72.080 Analysis And Design.
(a) General. Every bUlldmg within the scope of thiS Chapter shall be
analyzed, desIgned and constructed In conformance with the BUlldmg Code
except as modIfied herem No alteration of the eXlstmg lateral force-reslstmg
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or vertlcalload-carrymg system shall reduce the strength or stiffness of the
eXlstmg structure
When any portion of a bUilding within the scope of thiS Chapter IS
constructed on or mto a slope steeper than 1 unit vertical In 3 Units
hOrizontal, the lateral-force-reslstmg system at and below the base level
diaphragm shall also comply With the provIsions of Chapter 8 20 of thiS
Code
When the portion ofthe bUIlding that requires strengthening IS limited
to the underfloor area of the first floor and that area IS used only as an
uninhabited crawlspace. strengthening requirements shall also comply With
the provIsions of Chapter 8 68 of thiS Code
(b) Scope of Load Path ThiS Chapter requires the alteration, repair,
replacement or addition of structural elements and their connections to meet
the strength and stiffness reqUirements herem The lateral load path
analYSIS shall Include the resisting elements and connections from the wood
diaphragm above any soft, weak or open front wall lines to the foundation
SOil Interface or reinforced concrete slab or masonry wall supporting
elements below The lateral load path analYSIS for added structural elements
shall also Include evaluation of the allowable SOil bearrng and lateral
pressures In accordance With the BUilding Code
When an open front, weak or soft wall line eXists due to parking at the
ground level of a two-level bUilding and the parking area IS less than 20
165
percent of the ground floor level. then only the wall lines In the open, weak
or soft directions of the enclosed parking area, need comply with the
provIsions of this Chapter
(c) Design Base Shear. The deSign base shear In a given
direction shall be equal to the base shear that the BUilding Code requires for
new bUildings
(d) Vertical Distribution of Forces. The total seismic force shall be
distributed over the height of the structure In accordance With the BUilding
Code except that dlstnbutlon of force by story weIght shall be permitted for
two story bUildings The value of R used In the deSIgn of any story shall be
less than or equal to the value of R used In the given direction for the story
above
(e) Weak Story Limitation. The structure shall not exceed 30 feet
In helg ht or two levels If the lower level strength IS less than 65 percent of the
story above EXisting walls shall be strengthened as required to comply With
this proVISion unless the weak level can resist a total lateral seismiC force of
three times the deSign force prescribed In Section 872 080(c)
The story strength for each level of all other structures shall be a
minimum of 80 percent of the story above
(f) Story Drift Limitation. The calculated story drift for each
retrofitted level shall not exceed the allowable deformation compatible With
all vertical load resisting elements and the story dnft limitations of the
166
BUilding Code The calculated story dnft shall not be reduced by the effects
of honzontal dIaphragm stIffness but shall be Increased when these effects
produce rotation
The effects of rotation and SOil stiffness shall be Included In the
calculated story drift when lateral loads are resisted by vertical elements
whose req ulred depth of embedment IS determined by pole formulas such as
Formula (6-1) and (6-2) In Section 180682 of the Uniform BUilding Code
The coeffiCient of vanatlon of subgrade reaction used In the deflection
calculations shall be provided from an approved geotechmcal engineering
report or other approved methods
(g) P f::.. Effects. The reqUirements of the BUilding Code shall apply
except as modified herein All framing elements not reqUired by the deSign
to be part of the lateral force resisting system shall be Investigated and
shown to be adequate for vertical load carrymg capacity when displaced
three times the displacements resulting from the reqUired lateral force The
stress analYSIS of cantIlever columns shall use a buckling factor of 2 1 for the
direction normal to the aXIs of the beam
(h) Ties and Continuity. All parts of the structure Included m the
scope of Section 872 080(b) shall be Interconnected and the connection
shall be capable of resisting the seismiC force created by the parts being
connected Any smaller portion of a bUilding shall be tied to the remainder
of the bUilding With elements haVing a minimum strength equal to one-fifth
167
of the tnbutary dead load of the smaller portion A pOSitive connection for
reslstmg a hOrizontal force actmg parallel to the member shall be provIded
for each beam, girder or truss Included In the lateral load path ThiS force
shall not be less than one-tenth ofthe combined tnbutary dead and live loads
or as required by the lateral load path transfer, whIchever IS greater
(I) Collector Elements. Collector elements shall be provided that can
transfer the seismiC forces onglnatlng In other portions of the bUilding to the
elements wlthm the scope of Section 8 72 080(b) that provide resIstance to
those forces
(j) Horizontal Diaphragms. The analYSIS of shear demand or
capacity of an eXisting plywood or diagonally sheathed honzontal diaphragm
need not be investigated unless the diaphragm IS reqUired to transfer lateral
forces from the lateral resisting elements above the diaphragm to other
lateral resisting elements below the diaphragm due to offset In placement of
the elements
Wood diaphragms In structures that support floors or roofs above shall
not be allowed to transmit lateral forces by rotation or cantilever However,
rotational effects shall be accounted for when unsymmetnc wall stiffness
mcreases shear demands
Exception: Diaphragms that cantilever 25 percent or less of the
distance between lines of lateral load resisting elements from which the
diaphragm cantilevers may transmit their shears by cantilever provided that
168
rotational effects on shear walls parallel and perpendicular to the load are
accounted for
(k) Shear Walls. Shear walls shall have suffiCient strength and
stiffness to resist the tributary seismiC loads and shall conform to the special
requirements of this Section
(I) Gypsum or Plaster Products. Gypsum or plaster products shall
not be used to provide lateral resIstance
(m) Wood Structural Panels. Shear walls sheathed With wood
structural panels may be used to resist honzontal forces that do not exceed
the allowable shear values and story drift limitations of the BUilding Code
Openings are permitted In shear walls If they do not exceed 50
percent of the height or WIdth of the shear wall The remaining portion of the
shear wall shall be strengthened for the transfer and Increase of all shearing
forces caused by the opening The resulting shear wall shall be analyzed as
a mosaic of shear resisting elements Blocking and steel strapping shall be
employed at the corners of the opening to transfer forces from discontinuous
boundary elements Into adJolnmg panel elements
The effect of openings on the stiffness of the shear wall shall be
demonstrated to comply With the story dnft limitatIons of the BUilding Code
The stiffness shall be calculated uSing the properties of the different shear
elements making up the shear wall or It shall be demonstrated by approved
testing When shear walls cannot be made to conform to the requirements
169
of this Section because of eXisting opemngs, the openings shall be relocated
or reduced In wIdth to meet the strength and stiffness requirements of the
lateral loads
Relocated and altered opemngs shall comply with the emergency
escape and rescue requirements of the BUilding Code Relocated and
altered openings shall comply With the light and ventilation requirements for
residential occupancies unless otherwise approved by the BUilding Officer.
(n) Wood Species of Framing Members. Allowable shear values for
wood structural panels shall consider the specIes of the framing members
When the allowable shear values are based on douglas fir-larch framing
members and framing members are constructed of other species of lumber,
the allowable shear values shall be multiplied by the follOWing factors 0 82
for species With speCific gravities greater than or equal to 0 42 but less than
049, and 065 for species With speCific gravities less than 042 Redwood
shall use 0 65 and hem fir shall use 0 82 unless othelWlse approved
(0) Mechanical Penetrations. Mechamcal penetrations In shearwalls
shall be accounted for In the design or the shear wall shall be analyzed as
two separate walls on each side of the penetration
(p) Substitution for 3 inch Nominal Width Framing Members.
Double two-Inch nominal wIdth framing members shall be permitted In lieu
of any required three-Inch nominal width framing member when the eXisting
and new framing member are of equal dimenSions, are connected as
170
required to transfer the m-plane shear between them and the sheathing for
the shear walliS equally fastened between them
(q) Hold Down Connectors. Expansion anchors that provide tension
strength by friction resistance shall not be used to connect hold down
devices to eXisting concrete or masonry elements Expansion anchors shall
be permitted to provide tension strength by beanng
The required depth of embedment or edge distance for the anchor
used m the hold down connector shall be provided In the concrete or
masonry below any plain concrete slab unless satisfactory eVidence IS
submitted to the BUilding Officer that shows that the concrete slab and
footings are of monolithic construction
Bolted hold down connectors shall be pre-loaded to reduce slippage
of the connector Pre-Ioadmg shall consist of tightening the nut on the
tension anchor after the placement but before the tlghtenmg of the shear
bolts m the panel flange member The tension anchor shall be tightened
until the shear bolts are In firm contact With the edge of the hole nearest the
direction of the tension anchor Hold down connectors With self-JIgging bolt
standoffs shall be Installed In a manner to permit pre-loadIng
Deformation of hold down connectors at ultimate loads shall be
compatible With adJolnmg elements and shall be venfled by approved testing
171
8.72.90
Materials of Construction.
(a) New Materials. All materials approved by the BUilding Code,
Including their approprrate allowable stresses and minimum aspect ratios.
shall be permitted to meet the requirements of thiS Chapter
(b) Allowable Foundation and Lateral Pressures. Allowable
foundation and lateral pressures shall be permItted to use the values from
the BUilding Code The coeffiCient of vanatlon of subgrade reaction shall be
established by an approved geotechnical engineering report or other
approved methods when used In the deflection calculations of embedded
vertical elements as required In Section 8 72 080(f)
(c) Existing Materials. All eXisting materials shall be In sound
condItion and constructed In conformance to the BUilding Code before they
can be used to resist the lateral loads prescnbed In thiS Chapter The
venficatlon of eXisting matenal conditions and theIr conformance to these
requirements, shall be made by phYSical observation reports. matenal testing
or record draWings as determIned by the structural deSigner and approved
by the BUilding Officer
(d) Horizontal Wood Diaphragms. EXisting honzontal wood
diaphragms that require analYSIS under Section 8 72 0800) shall be permitted
to use Table A-1-D of AppendiX 1 of the Uniform Code for BUilding
Conservation, 1997 Edition for their allowable values
(e) Wood Structural Panel Shear Walls.
172
(1) Allowable Nail Slip Values. When the reqwred drift calculations
of Section 8 72 080(f) rely on the lower slip values for common nails or
surfaced dry lumber, their use In construction shall be venfled by exposure
The use of box nails and unseasoned lumber may be assumed wIthout
exposure The verification of surfaced dry lumber shall be by Identification
conforming to the BUilding Code
(2) Reduction for Clipped Nail Heads. When exposed nails do not
meet the nominal head sizes required for hand dnven nails In the BUIlding
Code, the allowable shear capacity for shear walls sheathed with wood
structural panels shall be reduced Allowable shear values for sheathing
nailed with clipped nail heads shall be equal to sheathing fastened with
casing heads In the BUilding Code
(3) Plywood Panel Construction. When VerificatIon of the eXisting
plywood materials IS by use of record drawings alone, the panel construction
for plywood shall be assumed to be of three piles
(4) Framing Members of Other Species. When verification of the
eXisting wood material IS by use of record drawings, the allowable shear
capacity shall be multiplied by the reduction factor of 082 for bUildings bUilt
on or after 1960 BUildings bUilt before thiS period shall use the reduction
factor 0 65 When venflcatlon of the eXisting wood matenal IS by
IdentifIcatIon In conformance to the BUildIng Code, the allowable shear
capacity In the BUlldmg Code may be used
173
(f) Lumber. When the eXlstmg dimensioned lumber IS not Identified
In conformance to the BUilding Code, the allowable stresses for lumber shall
be permitted for the structural elements specified below
Posts and Seams Douglas Fir-larch No 1
JOists and Rafters Douglas Fir-larch No 2
Studs, Blocking Hem FIr Stud
Cg) Structural Steel. All eXistIng structural steel shall be permitted to
use the allowable stresses for Grade A36 EXisting pipe or tube columns
shall be assumed to be of minimum wall thickness unless verrfled by testmg
or exposure
(h) Strength of Concrete. All eXisting concrete footings shall be
permitted to use the allowable stresses for plain concrete With a compressive
strength of 2,000 pSI The strength of eXistIng concrete With a record
compressive strength greater than 2,000 pSI shall be venfled by testmg,
record drawmgs or records of the enforcement agency
(I) Existing Sill Plate Anchorage. EXisting cast-In-place anchor
bolts shall be permitted to use the allowable service loads for bolts With
proper embedment when used for shear resistance to lateral loads and
prOVided With plate washers as requIred In the BUilding Code.
8.72.100 Required Information on Plans.
(a) General. The plans shall show all necessary dImenSions and
matenals for plan review and construction and shall accurately reflect the
174
results of the englneenng investigation and design
(b) Existing Construction. The plans shall show the eXisting
diaphragm and shear wall sheathing and framing matenals, fastener type
and spacing, diaphragm and shear wall connections, continuity ties, and
collector elements The plans shall also show the portion of the eXisting
matenals that needs verrflcatlon dunng construction
(c) New Construction.
(1) Foundation Plan Elements. The foundation plan shall Include
the Size, type, location and spacing of all anchor bolts With the required
depth of embedment, edge and end distance, the location and size of all
columns for braced or moment frames, referenced details for the connection
of braced or moment frames to their footIng and referenced Sections for any
grade beams and footings
(2) Framing Plan Elements. The framing plan shall Include the
Width, location and matenal of shear walls, the Width, location and materral
of frames, references on details for the column to beam connectors, beam
to wall connections, and shear transfers at floor and roof dIaphragms, and
the required nailing and length for wall top plate splices
(3) Shear Wall Schedule, Notes and Details. Shear walls shall
have a referenced schedule on the plans that Includes the correct shear wall
capacity In pounds per foot, the required fastener type, length, gauge and
head Size, and a complete speCification for the sheathmg material and Its
175
thickness The schedule shall also show the required location of three-Inch
nommal or double two-Inch nom mal edge members, the spacing of shear
transfer elements such as framing anchors or added sill plate nalls, the
required hold-down With Its bolt, screw or nail Sizes, and the dimenSions,
lumber grade and species of the attached framing member
Notes shall show required edge distance for fasteners on structural
wood panels and framing members, required flush nailing at the plywood
surface, limits of mechanical penetrations, and the Sill plate matenal
assumed m the deSign The limits of mechanrcal penetrations shall also be
detailed shOWing the maximum notching and drilled hole sizes
(4) Quality Control and Assurance Requirements. General notes
shall show the requirements for material testmg, special inspection , structural
observation and the proper Installation of newly added matenals
8.72.110 Quality Assurance.
(a) Structural Observation All structures regulated by thiS Chapter
reqUire structural observation dUring construction The owner shall employ
the engineer or architect responsible for the structural deSign, or another
engineer or architect deSignated by the engmeer or architect responsible for
the structural deSign, to perform structural observation as defined In the
BUilding Code
Section 19 Chapter 8 76 IS hereby added to the Santa MonIca
176
MUnicipal Code to read as
Chapter 8.76 Seismic Strengthening Provisions for
Existing Welded Steel Moment Frame
Structures.
8.76.010 Purpose.
The purpose of this Chapter IS to promote public safety and welfare
by reducing the risk of death or Injury that may result from the effects of
earthquakes on welded steel moment frame structures
8.76.020 Scope.
The provIsions of this Chapter shall apply to all bUildings that were
designed under bUilding codes In effect pnor to December 12,1995, or bUilt
WIth bUilding permits Issued prior to December 12, 1996 and said bUildings
are welded steel moment frame structures as defined herein
BUIldings designated as hlstoncally or architecturally significant
landmarks on national, state or local hlstoncal registers shall also comply
With the proVIsions of thiS Chapter At the BUilding Officer's discretion,
modifications to the standards set forth In thiS Chapter may be permitted
when such modifications are consistent With the provIsions of the State
Historical BUilding Code
SeismIC strengthening In place prior to the effective date of thiS
Chapter shall be evaluated according to the provIsions of thIS Chapter and
modified If deemed necessary by the BUilding Officer
177
8.76.030
Defi n itio ns.
For purposes ofthls Chapter, the applicable definItions In the BUilding
Code and the following shall apply
Building Code IS the BUlldmg Code of the City of Santa MOnica
Commenced Construction IS construction pursuant to a valid
bUlldmg permit has progressed to the pOint that one ofthe called Inspections
as required by the BUilding Officer has been made and the work for which
the inspection has been called has been Judged by the BUlldmg Officer to be
substantial and has been approved by the BUilding Officer
Date of Engineering Report Subm ittalls either that date upon which
the report was due to be submitted to the City, or the date of actual submittal
to the City, whichever IS earlier
Type I Building IS any welded steel moment frame structure that must
be usable In the event of an emergency, and shall Include hospitals, police
and fire stations and disaster recovery centers
Type II Building IS any welded steel moment frame structure With 100
or more occupants
Type III Building IS any welded steel moment frame structure WIth at
least 20 but fewer than 100 occupants
Type IV Building IS any welded steel moment frame structure With
fewer than 20 occupants
Welded Steel Moment Frame Structure IS any bUilding whose
178
primary lateral-force-reslstlng system IS either a speclal-moment-reslstmg
frame or ordinary resisting frame constructed of steel with fully welded
connections or connections which are partially welded and partially bolted
8.76.040 General Requirements.
(a) The owner of each bUIlding wlthm the scope of the Chapter shall
cause an Investigation of the eXisting constructIon and a structural analysIs
to be made of the building by a structural engineer licensed by the State of
California, and Ifthe bUilding does not meet the mInimum standards specified
m this Chapter, the owner shall cause It to be structurally altered to conform
to such standards
(b) The owner of each bUlldmg Within the scope of this Chapter, which
has been analyzed to demonstrate compliance or structurally altered to
comply With the minimum earthquake standards In this Chapter, shall
mamtam such bUlldmg In conformity With the reqUirements of this Chapter In
effect at the time of such analYSIS or structural alteration
(c) BUildings WIthin the scope ofthe Chapter may not be added to or
structurally altered or otherwise remodeled Without first complYing With the
proVISions of this Chapter unless the BUilding" Officer determines that the
alterations are minor In nature
(d) Notwithstanding any other provIsions of thIS Code to the contrary,
It shall be unlawful for any person, firm or corporation to mamtam. use or
occupy any bUilding Within the scope of this Chapterwhlch does not meetthe
179
minimum earthquake standards specified In thiS Chapter within any of the
time periods established
ThiS provIsion shall not apply If alteration or repair work has
commenced to bnng the bUilding Into compliance with requirements of thiS
Chapter, and such work IS proceeding In accordance with the time limits set
forth In any order of the BUlldmg Officer or determination of the NUisance
Abatement Board
8.76.050
Demolition.
An owner deSIring to demolish a bUilding must nevertheless comply
wIth the strengthening provIsions of this Code within the time allowed unless
such owner receives permission to demolish the bUilding prior to the time
lImits set forth In Section 8 76 060 for the filing of a permit and the submitting
of plans to the BUilding Officer
Such an owner shall submit a demolitIon permit application to the
BUilding Officer and shall meet all of the requirements for demolitIon Imposed
by thiS Code, Includmg but not limited to those requirements set forth In
Section 9 04 10 16 010 of thiS Code, before such a demolition shall be
permitted Nothing In thiS Chapter shall be deemed to relieve a bUilding
owner of meeting the requirements for demolition of a bUilding Imposed by
any other applicable law or regulation
8.76.060. Time Period for Compliance.
(a) Engineering Report. Within 275 days of the date of notice to the
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owner by the CIty, the owner of any welded steel frame structure shall submit
to the BUlldmg and Safety Department an englneenng evaluatIon report
prepared by a Callforma registered Structural Engineer based upon an
inspection of a representatIve sample of connections of the bUildIng
("Structural Report")
The Structural Report shall Indicate whether the steel frame structure
conforms to standards for steel moment frame bUilding and connections
contained In the Intenm GUidelines of the SAC JOint Venture, published In
August 1995, as SAC Report 95-02, FEMA Publication 267,SAC Report 96-
03, FEMA 267-A or as such GUidelines are subsequently amended CopIes
of the current gUidelines shall be kept on file In the BUilding and Safety
DIvIsion
(b) Strengthening and Repair Requirements. If the Structural
Report concludes that the bUilding does not conform with the aforementioned
standards or any subsequent amended gUidelines of the SAC JOint Venture,
or If other signifIcant damage is found in the Inspection, the bUilding shall be
repaIred to fully conform with the referenced standards wIthin the time
penods shown In Table 8 76-A below
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Table 8.76-A
Building Type Time Limits for Owner
FIle for Permltl Commence Complete Construction
Submit Plans Construction
I 60 days from date of 150 days from date of 1 year from date of
engineering report submIttal englneenng report submittal englneenng report submittal
II 180 days from date of 270 days from date of 3 years from date of
englneerrng report submittal engineering report submittal englneenng report submittal
III 1 Y:z years from date of 1 year 8 months from date of 3 years from date of
englneenng report submittal englneenng report submIttal engineering report submittal
IV 2 years 5 months from date of 2 years 8 months from date of 4 years from date of
englneerrng report submittal englneenng report submittal engmeerrng report submIttal
8.76.070
Administration.
(a) Building Classification. The BUilding Officer shall determine the
occupant load and clasSIfication of bUIldIng type The occupant load shall be
determined In accordance With the BUilding Code and shall Include the entire
bUilding plus the occupant load of any adjacent bUIlding that Interconnects
With the subject bUlldmg or uses the subject bUilding for eXiting purposes
(b) Contents of Order. When the BUildIng OffIcer determines that
a bUilding IS Within the scope of this Chapter, the BUilding Officer shall Issue
an order as proVided herein
The order shall specify that the building has been determined by the
BUilding Officer to be Within the scope of thiS Chapter and, therefore, IS
reqUired to meet the seIsmiC strengthemng provIsions of thIS Chapter The
order shall specIfy the BUlldmg Type claSSification and shall set forth the
182
owner's alternatives and tIme limits for compliance
(c) Service of Order. The order shall be In wntlng and may be given
either by personal delivery thereof to the owner or by deposit In the United
States mall In a sealed envelope, postage prepaid I addressed to the owner
as shown on the last equalized assessment roll Service by mall shall be
deemed to have been completed at the time of deposit In the U S mall The
failure of any owner to receive such notice shall not affect m any manner the
validity of any of the proceedings taken thereunder Proof of giVing notice
may be made by an affidaVit of any employee of the City which shows
service In conformity WIth thiS Section Building and Safety Commission
action, NUisance Abatement Board actIon, BUilding Officer administrative
action, other correspondence between the City and the bUilding owner or
bUilding owner's representative, or other eVidence of knowledge of
notification shall also be deemed as proof of givIng notice
(d) Recordation. At the time that the BUlldmg Officer serves the
aforementioned order, the BUilding Officer shall file With the Office of the
County Recorder a certIficate stating that the subject bUilding is Within the
scope of thiS Chapter The certificate shall also state that the bUlldmg owner
has been ordered to structurally analyze the bUilding and to structurally alter
It when the BUilding Officer determines the bUild Ing IS not In compliance With
thiS Chapter
If the bUild Ing IS demolished, found not to be Within the scope of thiS
]83
Chapter, or IS structurally capable of resisting minimum seismiC forces
reqUIred by this Chapter as a result of structural alterations Of an analysIs,
the BUilding Officer shall file With the Office of the County Recorder a
certificate terminating the status of the subject bUilding as being classified
Within the scope of this Chapter
Sectron 20 Chapter 8 80 IS hefeby added to the Santa MOnica MUnicipal
Code to read as follows
Chapter 8.80 Seismic Strengthening Provisions for
Existing Non-Ductile Concrete Buildings.
8.80.010 Purpose.
The purpose of this Chapter IS to promote public safety and welfare
by reducIng the risk of death or Injury that may result from the effects of
earthquakes on concrete bUildings and concrete frame bUildings With
masonry tnfiUs
8.80.020 Scope
The proVISions of this Chapter shall apply to all bUildings that were
desIgned under bUilding codes In effect prior to January 11, 1976, or bUilt
WIth bUilding permits Issued prior to January 11, 1978, and said bUildings
have concrete floors or roofs supported by reinforced concrete walls or
concrete frames and columns, or said bUildings have concrete frames With
masonry Infills,
BUildings designated as historically or architecturally Significant
184
landmarks on national, state or local historical registers shall also comply
with the provIsions of this Chapter At the BUlldrng OffIcer's discretion,
modIfications to the standards set forth In this Chapter may be permitted
when such modifications are consistent with the provIsions of the State
Hlstoncal BUIlding Code
Seismic strengthening In place pnor to the effective date of this
Chapter shall be evaluated according to the provIsions of thIs Chapter and
modifIed If deemed necessary by the BUilding Officer
8.80.030 Definitions.
For purposes of this Chapter, the applicable definitions In the BUIlding
Code and the follOWing shall apply
Building Code IS the BUilding Code of the City of Santa MonIca
Commenced Construction IS constructIon pursuant to a valid
bUilding permit which has progressed to the pOint that one of the called
inspections as reqUired by the BUilding Officer has been made and the work
for which the inspectIon has been called has been Judged by the BUilding
Officer to be substantial and has been approved by the BUlldmg Officer
Date of Engineering Report Submittal IS either that date upon which
the report was due to be submitted to the City, orthe date of actual submittal
to the City, whichever IS earlier
Masonry Infill IS masonry, both unremforced and reinforced,
constructed Within reinforced concrete frame members
185
Type I Building IS any non-ductlle concrete bUilding that must be
usable In the event of an emergency, and shall Include hospitals, police and
fire stations and disaster recovery centers
Type II Building IS any non-ductile concrete bUilding with 100 or more
occupants
Type III Building IS any non-ductile concrete bUilding with at least 20
but fewer than 100 occupants
Type IV Building IS any non-ductile concrete bUilding with fewer than
20 occupants
8.80.040 General Requirements.
(a) The owner of each bUilding within the scope of this Chapter shall
cause an investigation of the eXisting construction and a structural analysIs
to be made of the bUIlding by a cIvil or structural engineer or archItect
hcensed by the State of California If the bUlldmg does not meet the
minimum standards specIfied In thiS Chapter, the owner shaH cause It to be
structurally altered to conform to such standards
(b) The owner of each bUilding within the scope ofthls Chapter, which
has been analyzed to demonstrate compliance or structurally altered to
comply with the minimum earthquake standards m thIS Chapter, shall
maintain such bUilding in conformity with the requirements of this Chapter In
effect at the time of such analysIs or structural alteration
(c) BUildings within the scope of thiS Chapter may not be added to or
186
structurally altered or otherwise remodeled without first complYing with the
provIsions of this Chapter unless the BUlldmg OffIcer determines that the
alterations are minor In nature
(d) NotWithstanding any other provIsions ofthls Code to the contrary,
It shall be unlawful for any person, firm or corporation to maintain, use or
occupy any bUild Ing Within the scope of thIs Chapter which does not meet the
minimum earthquake standards specified In this Chapter WithIn any of the
time periods established
This provIsion shall not apply If alteration or repair work has
commenced to bring the bUilding Into compliance With requirements of thiS
Chapter, and such work IS proceeding In accordance With the time limIts set
forth In any order of the BUilding Officer or determination of the NUisance
Abatement Board
8.80.050
Demolition
An owner desIring to demolish a bUlldmg must nevertheless comply
With the strengthening provISions of this Code Within the time allowed unless
the owner receives permission to demolish the bUIlding prior to the time limits
set forth In Section 8 80 060 for the filing of a permit and the submittIng of
plans to the BUilding Officer
The owner shall submit a demolition permit application to the BUilding
Officer and shall meet all of the req ulrements for demolition Imposed by thiS
Code, Including but not lImited to, those reqUirements set forth In SectIon
187
904 10 16010 of this Code, before a demolitIon shall be permitted Nothing
In this Chapter shall be deemed to relieve a bUIlding owner of meeting the
requirements for demolitIon of a bUIlding Imposed by any other applicable
law or regulation
8.80.060. Time Period for Compliance.
(a) Engineering Report. WIthin 275 days of the date of notice to the
owner by the CIty, the owner of any bUIlding subject to the provIsions of thIS
Chapter shall submIt an englneenng report to the BUilding and Safety
DIVIsion For structures over three stones In height, the report shall be based
upon a dynamic lateral-force analysis except for structures where resistance
to all lateral loads IS prOVided only by either new or eXIsting shear walls that
Will be upgraded to the current Code, In which case the report may be based
upon a static lateral force analysIs For structures three stones or less, the
report shall be based upon a static lateral load analYSIS
The report shall demonstrate whether the structure conforms to the
Earthquake Design prOVIsions contained In AppendiX 8 of the Umform Code
for BUilding Conservation, 2000 Edltron or the BUIlding Code In effect at the
time the report IS submitted to the City If the report concludes the structure
does not comply With either of these standards, the structure shall be
strengthened to comply With the standards Within the time periods shown In
Table 8 80-A below
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Table 8.80-A
Building Time Limits for Owner
Type
Fde for Permit! Commence Complete
Submit Plans Construction Construction
I 60 days from date of 150 days from date of 1 year from date of
englneenng report englneenng report englneenng report
submittal submittal su bmlttal
II 180 days from date of 270 days from date of 3 years from date of
engineering report engineering report engineering report
submIttal submittal submittal
III 1'Y:z years from date of 1 year 8 months from 3 years from date of
englneenng report date of engineering englneenng report
submIttal report submittal submIttal
IV 2 years 5 months from 2 years 8 months from 4 years from date of
date of englneenng date of engmeenng engmeenng report
report submittal report submittal submittal
8.80.070
Administration.
(a) Building Classification. The BUilding OffIcer shall determine the
occupant load and clasSification of bUilding type The occupant load shall be
determined In accordance with the BUilding Code and shall Include the entire
bUilding plus the occupant load of any adjacent bUlldmg that Interconnects
wIth the subject bUilding or uses the subject bUilding for eXltmg purposes
(b) Contents of Order. When the BUilding Officer determines that
a bUlldmg IS wIthin the scope of this Chapter, the BUlldmg Officer shall Issue
an order as provided herein
The order shall specify that the bUilding has been determIned by the
BUlldmg OffIcer to be within the scope of thiS Chapter and, therefore, IS
189
required to meet the seismic strengthening provISions of thIs Chapter The
order shall specify the BUlldmg Type clasSification and shall set forth the
owner's alternatives and time limits for compliance
(c) Service of Order. The order shall be In wntlng and may be given
either by personal delivery thereof to the owner or by deposit In the Umted
States mall In a sealed envelope, postage prepaid, addressed to the owner
as shown on the last equalized assessment roll Service by mall shall be
deemed to have been completed at the time of deposit In the U S mall The
failure of any owner to receive such notice shall not affect in any manner the
validity of any of the proceedings taken thereunder Proof of giving notice
may be made by an affidaVit of any employee of the City which shows
service In conformity WIth thiS Section BUilding and Safety Commission
action, NUisance Abatement Board action, BUilding Officer admmlstratlve
actIon, other correspondence between the City and the bUlldmg owner or
bUilding owner's representative, or other eVidence of knowledge of
notification shall also be deemed as proof of giving notice
(d) Recordation. At the time that the BUilding Officer serves the
aforementioned order, the BUilding Officer shall file With the Office of the
County Recorder a certificate stating that the subject bUilding IS wlthm the
scope of thiS Chapter The certificate shall also state that the bUIlding owner
has been ordered to structurally analyze the bUilding and to structurally alter
It when the BUilding Officer determines the bUilding IS not In compliance With
190
this Chapter
If the bUlldmg IS either demolished, found not to be wlthm the scope
ofthls Chapter, or IS structurally capable of reslstmg minimum seismiC forces
required by this Chapter as a result of structural alterations or an analysIs,
the BUilding OffIcer shall file with the Office of the County Recorder a
certificate termmatlng the status of the subject bUIlding as being classified
within the scope of thiS Chapter
8.80.080 Strengthening Provisions.
(a) Essential and Hazardous Facilities. Essential and hazardous
facIlities, shall be strengthened to meet the requirements of the BUlldmg
Code of the CIty of Santa MOnica for new bUildings of the same occupancy
category
(b) All Other Buildings All bUlldmgs. other than essentIal or
hazardous faCilities, shall be strengthened to meet the requIrements of
Appendix Chapter 8 of the Umform Code of BUilding Conservation, 2000
Edition published by the International Conference of BUIlding Officers,
adopted herem by reference, or the BUIlding Code The earthquake loadmg
used for determination of demand on elements and the structure, shall
correspond to that reqUired by the BUIlding Code for new bUildings
Section 21 Chapter 8 84 IS hereby added to the Santa Momca MUnicipal Code to
read as follows
19]
Chapter 8.84 Repair & Maintenance Code.
8.84.010 General.
The purpose of thIs Chapter IS to establIsh minImum standards to
regulate and encourage the proper maintenance, use, repaIr, rehabilitation,
alteration, addItion and relocation of eXisting bUildings, structures and
premises m orderto safeguard life, 11mb, health, property and public welfare
The provIsions of this Chapter shall apply to all eXisting bUildings,
structures, premises or portions thereof
8.84.020 Drainage Regulations.
The roof of every bUilding and structure shall be kept waterproof, and
all storm or casual water therefrom shall be properly dramed and conveyed
to a street, sewer, storm dram, street gutter or other approved location All
portions of a developed property including yards, areaways, courts, pools,
parking and other areas shall be properly graded and drained All drams,
gutters, baSins, pumps and other deVices reqUired to properly drain a
property shall be mamtalned In good working order
8.84.030 Illegal Buildings, Construction and Use.
Every eXisting bUilding, structure or portIon thereof, constructed
Without a valid permit shall be made to conform to the provIsions of the
Technical Codes or shall be demolished and removed Any use or
occupancy eXisting In a bUilding Without authOrization of a bUilding permit
shall be dlscontmued and removed or shall be made to conform to the
192
provIsions of the Techmcal Codes
8.84.040 Alterations, Repairs or Rehabilitation.
Notwithstanding any requirements In the Technical Codes. California
BUlldmg Standards Code, or State Housing Law to the contrary, the followIng
shall apply
Alterations, repairs or rehabilitation to an eXisting bUIlding may be of
the same type of constructIon as the eXistIng bUilding or structure, provided
the aggregate value of such work In anyone year does not exceed 10
percent of the replacement cost of the bUIlding, and provided further, that no
hazardous conditions or substandard residential bUildings are continued or
created These provIsions shall be retroactive when specifically required by
thIS Code
Alterations, repairs or rehabilitation In excess of 10 percent of the
replacement cost of the bUild Ing or structure may be made provided all of the
work conforms to thiS Code for a new bUlldmg of like area, height and
occupancy In the same location and that no hazardous conditions or
substandard residential bUildings are continued or created In the remaInder
of the bUilding as a result of such work
Whenever an eXisting bUilding or structure has been damaged, or IS
In need of repairs, or the owner desires to make repairs, alterations or
rehabilitation In an amount exceeding 50 percent of the replacement cost of
the bUilding or structure, the entire bUilding or structure shall be made to
193
conform to all of the requirements of the Technical Codes or shall be
demolished
For purposes of this Section, the BUilding Officer shall determine the
replacement cost of the bUJldmg or structure and may use the most current
bUilding valuation table published by the InternatIonal Conference of BUIlding
Officials The BUilding Officer shall also determine the fair market value of
any necessary repairs and may calculate the faIr market value of repaIrs as
the mean of three responsible bids from properly licensed contractors
8.84.050 Additions. An addition may be made to any eXisting
bUilding If the added portion fully conforms to the Technical Codes, Building
Standards Code, and State Housing Law, and If the entire bUilding, mcludlng
the addition, IS Within the allowable area limit for a bUilding of like type and
occupancy
8.84.060
Pool Water Clarity
The re-clrculatlon and punflcatlon system of any sWimming pool, fish
pond, or any other body of water shall be operated and maintaIned so as to
keep the water In such pool or other body of water clean and of reasonable
cia nty
The following standards shall be used to define reasonable c1anty of
the water In such pool, pond or body of water
A paInted black dISk, 6 Inches In dIameter on a 12-lnch by 12-lnch
white tile, placed at the bottom of the pool at Its deepest pOint, shall be
194
clearly vIsible from the sIdewalks around the pool from all distances up to 10
yards from such diSk, or the water shall be determined to not be of
reasonable clarity
SectIon 22 Chapter 8 88 IS hereby added to the Santa MOnica MUnicipal
Code to read as follows
Chapter 8.88 Dangerous Building Code.
8.88.010 Adoption.
That certain document entitled "Uniform Code for the Abatement of
Dangerous BUildings, 1997 Edition" as published by the International
Conference of Building OffiCials, and referenced In Section 102 of the
California BUilding Code, 1998 Edition, as amended by thiS Chapter, IS
hereby adopted as the Dangerous BUildings Code of the City of Santa
Monica.
8.88.020 Board of Appeals.
Section 205 of the Uniform Code for the Abatement of Dangerous
BUildings, 1997 Edition, IS amended to read as follows
General. The NUisance Abatement Board, as established In Chapter
8 96 of Article VIII of the MUniCipal Code, shall serve as the Board of Appeals
for the heanng of appeals of orders, deCISions or determinations made by the
BUilding Officer relative to the application or Interpretation of thIS Code
The Board shall adopt rules of procedure for conducting Its bUSiness
195
and shall render all decIsions and findings In writing to the appellant, With a
duplicate copy to the BUilding Officer Appeals to the Board shall be
processed In accordance With the proVIsions contained In Section 501 of the
Dangerous BUildings Code Copies of all rules or regulations adopted by the
Board shall be delivered to the BUilding Officer who shall make them freely
accessible to the public
Limitations of Authority. The NUisance Abatement Board, as the
Board of Appeals, shall have no authOrity relative to Interpretations of the
admmistrative provisions of the Dangerous Buildings Code nor shall the
Board be empowered to waIve reqUirements of the Dangerous BUildings
Code
8.88.030 Conduct of Hearing.
SectIon 604-Conduct of Heanng IS amended to read as follows
The conduct of heanngs shall be pursuant to Section 8 96 120
of the Santa Monica MUnicipal Code
SECTION 23 Chapter 8 92 IS hereby added to the Santa Momca Municipal
Code to read as follows
Chapter 8.92 Housing Code.
8.92.010 Adoption
Articles 1,2,3,4, and 5 of Callforma Code of Regulations, Title 25.
DIVISion 1, Chapter 1, Subchapter1, which Incorporates by reference
196
Chapters 4, 5, and 6 and Sections 701 2 and 701 3 ofthat certain document
entItled "Uniform Housing Code, 1997 Edition," as published by the
International Conference of BUilding Officials, and amended by the State of
Callforma Department of Housing and Community Development In Article 5
above, are hereby adopted, with the amendments In this Chapter, as the
Housing Code of the City of Santa Monica
8.92.020 Housing Board of Appeals or Agency.
(a) The NUisance Abatement Board, as established In Chapter 896
of the MunicIpal Code, shall also selVe as the Housing Board of Appeals for
the abatement of substandard bUildings when the BUilding Officer or Fire
Chief has Issued an order to vacate and to perform expeditiouS repair
pursuant to the Housing Code
(b) For all other matters subject to the HousIng Code, the BUildIng
Officer shall have authonty to promulgate and or adopt administrative
regulattons governing the appeal of orders, deCISions and determinations of
the Building Officer
8.92.030 Substandard Buildings.
Substandard bUildings shall be defined pursuant to Health and Safety
Code Section 17920 3 or Its successor provIsions
8.92.040 Equivalent Abatement Procedures.
The procedures for abatement of substandard bUildings contained In
Chapters 888,8 92 and 896 of this Code are hereby deemed equivalent for
197
the purpose Intended under ArtIcle 6, Actions and Proceedings of the
CalifornIa Code of Regulations, TItle 25, DIvIsion 1, Chapter 1, Sub-chapter
1
SECTION 24 Chapter 8 96 IS hereby added to the Santa MOnica MUnicipal
Code to read as follows:
Chapter 8.96 Abatement of Nuisances.
8.96.010 Purpose.
(a) The Intent of this Chapter IS to provide a comprehensive
mechanism for the IdentificatIon and abatement of public nUisances wlthm
the City
(b) The remedies provided for In this Chapter are supplemental and
complementary to all of the provIsions of this Code, State law, and any law
cognizable at common law or In eqUity, and nothing herein shall be read,
Interpreted or construed In any manner to limit any eXisting right or power of
the City to abate any and all public nUisances
(c) The procedures for abatement of substandard bUildings contamed
In this Chapter are hereby deemed equivalent for the purpose mtended
under Article 6, Actions and ProceedIngs of the California Code of
Regulations, Title 25, DIvISion 1, Chapter 1, Sub-Chapter 1
8.96.020 Application.
The proVIsIons of this Chapter shall apply to all property throughout
198
the City wherem any of the conditions heremafter specified are found to eXIst,
provided, however, that any condition which would constItute a violation of
this Chapter but which IS duly authorized under any other City, State or
Federal law, shall not constItute a violation
8.96.030 Responsibility for maintenance.
Every owner, occupant, lessee or holder of any possessor Interest of
real property within the City IS required to maintain such property so as not
to violate the provISions of this Chapter The owner of the property shall
remain liable for Violations hereof regardless of any contract or agreement
With any third party regarding such property or the occupatIon ofthe property
by any third party
8.96.040 Definitions.
(a) The term "Chairperson" shall mean the Chairperson of the
NUIsance Abatement Board, or another member of the NUIsance Abatement
Board designated by the Chairperson to act on his or her behalf
(b) The term "cost of abatement" shall mean the total cost Incurred by
the City In connection With abating a publiC nUisance Including, but not
limited to
(1) any cost Incurred In removing or remedYIng a publiC nUisance, and
(2) a service fee for services rendered by the City In connection With
Inspection, notification, prosecution and abatement procedures authOrized
by this Chapter, which fee Will be calculated based on all services rendered
199
by the CIty from Initial inspection of the property for the purpose of
documenting a VIolatIOn of this Chapter until the VIolatIOn IS corrected, and
(3) any expense Incurred by the City In collecting the costs
enumerated In this Subsection
(c) The term "person" shall mean any natural person, firm,
association, club, organization, corporation, partnership, business trust,
company or any other entity whIch IS recognized by law as having rights and
duties
(d) The term "Heanng Examiner" shall mean any person appointed by
the NUisance Abatement Board to preside over an administrative heanng
authorized by this Chapter
(e) The term "order" shall mean the order to abate a public nUisance
Issued pursuant to Section 8 96 090 of thiS Chapter
(f) The term "owner" shall mean the owner of record of real property
(g) The term "premises" shall mean any real property or Improvements
thereon
(h) The term "public nUisance" shall mean any nUIsance deSignated
In Section 8 96 050 of thiS Chapter
(I) The term "resolution" shall mean the resolution declanng a public
nUisance Issued pursuant to Section 8 96 130 of thiS Chapter
8.96.050 Public nuisances.
(a) The follOWing are hereby declared to be public nUisances
200
(1) Any bUildIng or structure which meets the definition of an unsafe
bUilding or structure as provided In SectIon 102 of the California BUilding
Code, or any successor provIsion, adopted pursuant to Santa MOnica
MUnicipal Code Section 8 08 010
(2) Any bUilding or structure which meets the definItion of a dangerous
bUilding as provided m Section 302 of the Uniform Code for the Abatement
of Dangerous BUlldmgs, or any successor provIsion, adopted pursuant to
Santa Momca MUnicipal Code SectIon 8 88 010
(3) Any bUilding or structure which meets the definition of a
substandard bUilding as provided In SectIon 17920 3 of the Health and
Safety Code, or any successor provIsion
(4) Any violation of Article 9 of the Santa MOnica MUniCipal Code
relating to the City's planning and zomng laws and regulations
(5) Any Imminent life safety hazard which creates a present and
Immediate danger to hfe, property, health or pubhc safety
(b) The following may be declared to be public nUisances
(1) Any condition which constitutes an attractive nUisance whether
wlthm a structure or on the premises
(2) Any bUilding or place which has been operated or maintained In
a manner that has resulted In repeated disruptive activities including, but not
limited to, disturbances of the peace, public drunkenness, dnnklng In public,
harassment of passerby, sale of stolen goods, publrc unnatlon, theft,
201
assaults, battenes, acts ofvandahsm, excessive httenng,lllegal parkmg, loud
nOises (particularly In late nIght or early morning hours), traffic violations,
curfew violations, or police detentions and arrests
(3) Any condition which renders air, food or dnnk unwholesome,
unsamtary or detnmental to health
(4) Any condition which poses a fire hazard
(5) Any conditIon In violation of Chapter 4 04 of this Code (Ammals)
(6) The keeping. storage, depOSiting or accumulation on the premises
for an unreasonable penod of time of any personal property including, but
not limited to, abandoned, wrecked. dismantled or Inoperative vehIcles,
abandoned, wrecked, dismantled, or unseaworthy boats or vessels,
automotive parts and equipment, appliances, furniture, containers, packing
materials, scrap metal, wood, bUilding materials, junk, rubbish, debris, dirt,
sand, gravel, concrete or other similar matenals which IS within the view of
persons on adjacent or nearby real property or the publIc nght-of-way and
which IS detnmental to the public health, safety and general welfare
However, bUilding materials being used or to be used for a project of repair
or renovation for whIch a bUilding permit has been obtained may be stored
for such penod oftlme as IS necessary expeditiously to complete the project
(7) Every bUild Ing or place used for the purpose of unlawfully selling t
serving, storing, keeping, manufactunng or giVing away any controlled
substance (as defined In DIVISion 10 of the Callforma Health and Safety
202
Code) and every bUilding or place wherem or upon which those acts take
place
(8) Every bUlldmg or place used for the purpose of unlawfully sellmg,
serving or giVing away alcoholic beverages and every bUilding or place In or
upon which alcoholic beverages are unlawfully sold, served or given away
(9) Every bUilding or place used for the purpose of Illegal gambling as
defIned by State or local law, lewdness, or prostitution, and every bUilding or
place In or upon which such actiVities are held or occur
(10) Any publiC telephone or other device that transmits or receives
vOice or electrOnic messages whIch IS used as an mstrumentallty for or
contnbutes substantially by Its presence to any of the follOWing
(A) Illegally selling or giVing away controlled substances (as defined
In DIvIsion 10 ofthe California Health and Safety Code),
(B) soliCitIng, agreeing to engage tn, or engagIng In any act of
prostitution or other cnmlnal activity,
(C) consumption of alcoholic beverages on nearby outdoor public or
pnvate property except where outdoor consumption of alcoholiC beverages
IS specifically authOrized pursuant to a license Issued by the Department of
Alcoholic Beverage Control,
(D) blockage of streets, alleys or pnvate driveways, or
(E) excessive nOIse
(11) Any public nUisance as defined In CIVil Code Sections 3479 and
203
3480 and Penal Code SectIons 370 and 371 or otherwise recognized In law
or In equity as constituting a public nUisance
8.96.060 Enforcement.
The Planning and Community Development Department shall have
pnmary responsIbility for the abatement of a public nUisance under thiS
Chapter
8.96.070 NUisance Abatement Board.
The NUisance Abatement Board shall function as the administrative
review body for the Planning and Communrty Development Department and
such other diVISIons and departments of the City of Santa MOnica with
responsibility for the abatement of public nUisances The Board shall consIst
of the DIrector of EnvIronmental and PubliC Works Management, the Director
of Planning and Community Development and a City employee to be
desIgnated by the CIty Manager A member of the NUisance Abatement
Board may designate an employee from his or her department as a
designee
The Chairperson of the NUisance Abatement Board shall be the
Director ofthe Planning and Community Development Department, who shall
appoint a secretary and select a staff person In his or her department to act
as primary liaIson With other CIty departments and diVISions The NUisance
Abatement Board shall hold regular meetings at which the BUilding Officer
and representatives of the Police Department, the Fire Department, and the
204
CIty Attorney's Office shall be present, however, the failure of any City
representative to attend a regular meeting shall not deprive the NUisance
Abatement Board of JUriSdiction to hold and conduct the meeting NotIce of
the meetings of the NUisance Abatement Board shall be sent to the Santa
MOnica Rent Control Board, and the Board may inVite representatives from
other City departments and divISions to attend Its meetings
8.96.080 Abatement.
A public nUisance as defined In Section 896050 may be abated by
the City m accordance With the provIsions set forth In this Chapter
8.96.090 Order to abate public nuisance.
After Inspecting or causing to be Inspected any premises and upon
determining the eXIstence of a public nUisance, the Chief of the FIre
Department, the BUilding Officer or a person designated by the NUisance
Abatement Board may Issue an order to abate a public nUIsance for the
premises upon which the nUisance IS discovered The notice shall contam
(a) The street address, or the approximate street address If no street
address has been assigned, of the property upon which the nUisance eXists
(b) A description of the public nUisance which eXists on the premises
and a statement that the condition on the premises constitutes a publiC
nUisance
(c) A statement describing the actlon(s) necessary to abate the public
nUisance
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(d) A statement that the owner or owner's agent/designee IS reqUired
to obtain all permits necessary to abate the public nUisance and to take all
actlons and/or commence and complete all necessary work by a date
specified In the order ThiS date shall be at least five days but no more than
thirty days from the date of the order
(e) A statement that the owner, or owner's agent/designee, must
appear at a hearing conducted by the NUisance Abatement Board, or a
Hearing Examiner, at a time, date and location specified In the order, which
shall be at least five days but not more than thirty days from the date by
which the nUisance abatement IS reqUired to be completed
(f) A statement that the owner or owner's agent/designee, upon
appeanng at the hearing, will be given the opportunity to present testimony
and other eVidence to show cause why the alleged nUisance should not be
abated by the owner or by the City
(g) A statement that any mterested member of the public Will be given
the opportunrty to present testimony or other eVidence regard Ing the alleged
publiC nUisance at the heanng conducted by the NUisance Abatement Board
or Heanng Examiner
(h) A statement that If the owner voluntanly abates the nUisance In
accordance With the order, the owner shall submit wntten proof of abatement
to the BUilding and Safety DIVISion prior to the hearing The City Will Inspect
the premises, and If the nUisance has been abated, the abatement
206
proceedmg will be discontInued
(I) A statement that If a public nUisance IS found by the NUisance
Abatement Board to eXIst on the property and the owner falls to abate that
nUisance, the City has the authonty to undertake repairs, demolition or any
other actIon required to abate the public nUisance as determmed by the
NUIsance Abatement Board
(]) A statement that any abatement order of the NUisance Abatement
Board may Impose conditions governmg the future maintenance or operation
of the premises so as to prevent the recurrence of the nUisance conditIons
Violation of the conditions may Itself constitute a public nUIsance and shall
establish a basIs for the suspension or revocatIon of any business license
Issued for the premises pursuant to Santa MonIca MUnicipal Code Section
6 04 260
(k) A statement that the cost of abatement of the nUisance by the City
may become a lien or special assessment agamst the premIses and a
personal liabIlity of the owner of the premises and/or the person responsIble
for creatmg, causing, committing or mamtalnmg the publiC nUisance
8.96.100 Service of order to abate public nUisance.
The order, and any amended or supplemental order or notice, shall
be served either by personal delivery or by certified mall, postage prepaid,
return receipt requested and by regular mall to the person lIsted as the owner
of the premises, based on the last equalIzed assessment roll or
207
supplemental roll, or as otherwise known to the Chief ofthe FIre Department,
the BUildIng Officer, or the NUIsance Abatement Board A copy of the order
shall also be mailed to any person who has made a complaint about the
nUisance and has requested that he Of she be notified of any heanng
conducted relatIng to the nUisance. A copy of the order shall be posted In a
conspIcuous place on the parcel or premises A copy of the order may also
be mailed to any mortgagees or beneficlanes undef any deed of trust of
record, If appropnate, and to any other persons whom the CIty determInes
to be responsible for the public nUIsance After completIon of service, a
declaration of service certifyIng the time and manner of service and any
receipt card or acknowledgment of the receipt of such notIce by registered
mall shall be filed wIth the NUisance Abatement Board Except as otherwise
provIded by law, neIther the faIlure by the City to comply with any notice
provIsion nor the failure of any owner or other person to receIve such notice
shall affect m any manner the validity of any of the proceedmgs taken
hereunder
8.96.110 Inspection.
At the end of the time penod granted for the abatement of a publIc
nUIsance as set forth In the order, an Inspector from the CIty shall inspect the
premises and make a determInatIon as to whether the public nUisance has
been abated as reqUired by the order If the nUisance has been abated,
notice shall be sent In the manner set forth In Section 8 96 100 to those
208
persons who had previously received the order stating that the hearrng has
been canceled If the nuisance has not been satlsfactonly abated, a notIce
Will be sent m the manner set forth In SectIon 8 96 100 to those persons
who had prevIously received the order stating that the nUisance continues to
eXist and that the hearing Will be held as scheduled The Inspection report,
If any, Will become part of the record for the heanng ThIs notIce shall be
substantially In the follOWing form
NOTICE TO ABATE PUBLIC NUISANCE
The owner of the property located at , Santa MonIca, California, IS
hereby notifIed to appear before the NUisance Abatement Board or a
Heanng Examiner at (date), (time), (location), or as soon thereafter as
may be heard, and show cause, If any, why said (describe nUisance) should
not be declared a nUisance and abated In the manner provided by law If
abatement IS undertaken by the City of Santa MonIca, the costs of
abatement shall constitute a hen on the property, may be collected by special
assessment, or may become the personal lIabIlIty ofthe owner and/or person
responsIble for the public nUisance
8.96.120 Conduct of hearing.
(a) At the tIme set for hearrng In the order to abate publrc nUisance,
the NUIsance Abatement Board, or designated Hearing Exammer, shall
proceed to hear sworn testimony and receIve eVidence regarding the
eXistence of a nUisance The person or persons notified to appear at the
209
hearing, or his or her or theIr agent(s) or representatlve(s), shall be gIven an
opportumty to present testimony and any other eVidence about whether a
public nUisance eXists, and to show cause why the alleged nUisance
condItions should not be abated by the owner or by the City The Board or
Hearing Examiner shall proceed with the hearing whether or not such
person(s) IS (are) In attendance
(b) The person or persons notifIed to appear at the hearing may also
submit written eVidence ThIs eVIdence shall be considered by the NUisance
Abatement Board, or Hearing Exammer, If It IS receIved one day prior to the
scheduled hearing The NUIsance Abatement Board, or Hearing Examiner,
shall have the discretion to consIder written eVIdence submItted on the day
of, or durmg the course of, the hearing
(c) DecIsions of a Hearing Exammer shall be referred to the NUisance
Abatement Board for adoptIon, modIfication or rejection based solely upon
the record presented to the Hearing Examiner
(d) The NUisance Abatement Board or Hearing Examiner shall be
empowered to compel the attendance of owners or responSible partIes or
Witnesses at the hearing, to examine them under oath, and to compel them
to produce all eVIdence before It as pfovlded In Section 2 32 060 of this
Code
(e) The hearing proceedIngs shall be recorded Additionally, any party
may proVide a certified shorthand reporter to malntam a record of the
110
proceedings at the party's own expense
(f) Preparation of a record of the proceedings shall be governed by
California Code of CIvil Procedure Section 1094 6
(g) The secretary of the NUisance Abatement Board or the Hearing
Examiner shall administer the oath or affirmation to all Individuals providing
testimony
(h) The NUisance Abatement Board or Hearing Examiner may grant
contInuances from time to time for good cause shown The NUIsance
Abatement Board may also continue the hearing on Its own motion
(I) The hearing need not be conducted accordIng to technIcal rules
relating to eVidence and witnesses, except as provided In thIs Section Any
relevant eVIdence shall be admitted If It IS the sort of eVidence on which
responsIble persons are accustomed to rely In the cond uct of serrous affairs,
regardless of the eXistence of any common law or statutory rule which might
make Improper the admIssion of the eVIdence over objections In cIvIl actIons
Hearsay eVidence may be used for the purpose of supplementing or
explaining other eVIdence but shall not be sufficient In Itself to support a
findIng, unless It would be admIssIble over objection In cIvil actions or no
objection was made to this use of hearsay eVIdence pnor to the close of the
hearrng before the NUisance Abatement Board
8.96.130
Resolution declaring a public nuisance.
(a) Upon the conclusIon of a hearrng before the NUisance Abatement
211
Board or after takIng actIon on a Hearing Officer's decIsion referred to the
NUisance Abatement Board, the NUIsance Abatement Board may, by
resolution, declare the eXistence of a nUisance ThiS resolutIon shall direct
the owner, and/or the person responsIble for creatIng, causmg, commItting
or malntammg the public nUisance, to abate the same Within not less than
ten days and not more than thirty days after the date of postIng of a notIce
of resolution declaring a public nUisance on the premIses pursuant to Section
8 96 140 The resolution shall also set forth any conditions Imposed upon the
premises by the NUisance Abatement Board governing the future
maIntenance or operatIon of the premIses so as to prevent the recurfence of
the nUisance conditions
(b) The NUisance Abatement Board shall dIrect the City Attorney to
draft the fesolutlon, which the Chairperson of the NUisance Abatement Board
shall sign or cause to be SIgned The notIce of resolutIon declarrng a public
nUisance shall state that If the nUisance IS not abated WithIn the stated time
penod, the NUIsance Abatement Board shall cause the nUIsance to be
abated and the costs of abatement to be made a lien or speCial assessment
agamst the lot or parcel of land upon which the nUIsance IS located, and to
be the personal lIability of the owner and/or the person responsible for
creatmg, causmg, commlttmg or maIntaining the public nUisance The notice
shall Inform the owner the time period In which to seek JudICial revIew The
deCISion shall be final when slg ned by the ChaIrperson and shall not bea
212
appealable to the City Councilor to any other City body or official
8.96.140 Mailing notice of resolution declaring public
nuisance.
WIthin five busIness days of the passage of the resolutIon declarrng
a public nUisance, the NUisance Abatement Board shall mall a copy of the
notIce of resolution declaring a publIC nUisance In the manner specIfied In
Section 8 96 100 above to those persons who received the order A copy of
thiS notIce shall also be posted In a conspIcuous place on the parcel or
premises
8.96.150
Abatement.
Except In emergency SItuations, the NUIsance Abatement Board shall
acqu Ire Junsd Ictlon to abate a public nUisance after the NUIsance Abatement
Board has held a hearing or acted upon a decIsion of the Heanng Exammer
and declared the condItion of the property to be a public nUisance The
owner and/or the person responsible for creating, causing, commItting or
malntamlng the publIC nUisance shall be dIrected pursuant to Section
8 96 130 to abate the public nUisance The NUisance Abatement Board shall
have contmulng JUriSdiction to abate the public nUisance and related or
Similar public nUisances on the property In the event the nUisance has not
been abated WIthin the time stated In the notice of resolution declanng a
public nUIsance, the NUisance Abatement Board has the authOrity to take or
direct such action as IS reasonably necessary to abate the nUisance
213
8.96.160 Extension of completion date.
(a) Upon receipt of an application from the person reqUIred to comply
with the ofder or resolution by a date fIxed In the order or resolution, and an
agreement by such person that he/she will comply with the order or
resolution If allowed additional time, the Chairperson may g rant an extension
of tIme withIn whIch to complete such abatement If the ChaIrperson
determines that such an extension will not create or perpetuate a Situation
Imminently dangerous to life, property, health or public safety
(b) An extensIon of time to abate the public nUIsance shall not In any
way affect or extend the time to appeal from the resolution
8.96.170 Emergency procedures.
NotwithstandIng Sections 8 96 090 through 8 96 150, whenever the
conditIon giVing rise to the publIc nUisance IS an Imminent threat to life,
property, health or public safety requIring Immediate action, the NUisance
Abatement Board shall have ImmedIate JUriSdIction to abate a public
nUisance and may be convened upon such notice as IS reasonable under the
Circumstances The NUisance Abatement Board may adopt a resolution
declaring a public nUisance and may order or take such action as IS
necessary to ImmedIately abate the public nUisance
The NUisance Abatement Board shall only pursue such remedIal
actions as are reasonably necessary to elimInate the Immediacy of the
hazard The costs of such abatement, to the extent that they are not part of
2]4
any regularly provided City service, shall be recoverable against the property
owner and/or responsIble persons through the steps outlined In SectIon
8 96 190
8.96.180 Summary abatement of graffiti.
(a) The City Council finds that proliferatIon of graffIti, especially
gang-related graffiti, presents an ImmInent danger to the public safety and
welfare Law enforcement officials and other experts agree that ImmedIate
removal of gang-related graffIti IS necessary to reduce the rrsk of VIolent and
other crrmlnal activities assocIated With gangs and gang terntorles The
presence of graffIti which IS not abated Immediately encourages the creation
of addItional graffiti, resultrng In neighborhood blight and Increased costs of
abatement
(b) The Director of Environmental and Public Works Management IS
hereby authOrized to summarily abate graffitI The abatement may be
undertaken by City staff or by outSide contractors
(c) The Director of Environmental and Public Works Management
shall prOVIde the owner of the property subject to abatement actIon under
this Section WIth written notIce specifying the date that the CIty Will abate the
graffIti This notice shall be mailed to the owner by certifIed mall, return
receIpt requested, at least five days prror to the scheduled City abatement
It shall Inform the owner that the CIty WIll not undertake the abatement If the
owner notifies the CIty In wrrtlng that the owner WIll abate the graffiti by a
215
date specIfic acceptable to the CIty The cost of abatement performed by the
City shall be recovered In accordance with Section 8 96 190 except the
accounting requirements of Section 8 96 190(b) may be undertaken by the
DIrector of EnVIronmental and Public Works Management
8.96.190
Lien, special assessment and other remedies.
(a) The cost of abating a public nUisance shall either be a lien on the
property, a special assessment agaInst the property, or the personal
obligatIon of owner and/or the person responsIble for creating, causing,
committIng or maintaining the public nUisance
(b) The BUilding Officer shall keep an Itemized account of the
expenses Incurred by the City In abating nUisances under the provIsions of
this Chapter, IncludIng all admlmstratlve costs Upon the completion ofthe
work of abatement, the NUIsance Abatement Board, or Its deSIgnee, shall
prepare and fIle WIth the City Council a report specifyIng the abatement
measures undertaken I the ItemIzed and total cost of the abatement, a
descrrptlon of the real property on which the abatement was done, and the
names and addresses of the persons entitled to notice pursuant to Section
896 100, "Service of Order to Abate Public NUisance" This report shall be
verrfled by the City official In charge of the abatement work
(c) The NUisance Abatement Board shall cause notice of the cost of
abatement to be gIven In the same manner as a summons In a CIVIl action In
accordance With Code of CIVil Procedure Sections 415 10 et seq If the
216
owner of record after dllrgent search cannot be found, the notIce may be
served by posting a copy thereof In a conspIcuous place upon the property
for a penod of ten days and publrcatlon thereof In a newspaper of general
cIrculation published In Los Angeles County pursuant to Government Code
SectIon 6062 The NUisance Abatement Board shall also cause notice ofthe
heanng to be served by certifIed mall, postage prepaid, addressed to the
persons entitled to notice as specified In Section 8.96.100 Such notIces
shall be gIven at least ten days prior to the date set for heanng and shall
specify the day, hour and place when the City Council will hear and pass
upon the report of the NUisance Abatement Board The notIce shall specify
that the property may be sold after three years by the tax collector for unpaid
delinquent assessments
(d) At the time fIxed for the heanng, the City CouncIl shall hear and
pass upon the report, together WIth any objections or protests whIch may be
raIsed by any property owner liable to be assessed for the abatement work
The protests heard by the City Council pursuant to thiS Subsection shall
relate only to the charge to be made for abatement No protest shall be
heard concerning the actIon of the NUisance Abatement Board In ordering
the abatement of the nUisance, unless such abatement order was Issued as
a result of an emergency Wntten protests may also be fIled With the City
Clerk at any time pnor to the time set for the hearing on the report Each
wntten protest or objectIon must contaIn the property address and the
217
grounds for such protest or objection After hearing aU oral protests and
revIewing all written protests, the City Council may make such reVISIons,
corrections or modificatIons to the report as It may deem Just, after WhiCh, by
resolution, the report, as submitted, revised, corrected or modified, shall be
confirmed The City Council may adjourn the heanngs from time to time The
decIsIons of the City Council on all protests and objectIons whIch may be
made shall be final and conclusive
(e) Pursuant to Government Code Section 38773 1, the cost of
abatement of a public nUIsance under thiS Chapter can be a lien on the
property or against the owner of the property as provIded In SubsectIon (g)
of thiS SectIon
(f) Alternatively, pursuant to Government Code SectIon 38773 5, the
cost of abatement of a public nUIsance under thIS Chapter can be a specIal
assessment agaInst the property as provIded In Subsection (I) of thiS
Section
(g) If the cost of abatement IS not paid withIn ten days after Its
confirmation by the CIty Council, the CIty may file In the Office of the County
Recorder a certifIcate In substantIally the follOWing form
NOTICE OF LIEN
On the day of , 19 ,the City of Santa MOnica caused a public
nUIsance to be abated on the real property hereinafter desCribed pursuant
to an abatement order of the NUisance Abatement Board dated , 19
218
The CIty of Santa MonIca did on the
day of
, 19 ,by action duly
recorded In Its official minutes, assess the cost of such abatement and
related admInistratIve costs, and determined that the same have not been
paid The CIty of Santa Momca hereby claims a lien on saId real property for
the net expense of the dOIng of said work plus related administrative costs
In the sum of $ , and the same shall be a lien on said property until said
sum, with Interest at the rate of 7% per annum, from the day of , 19
(date of confIrmation of statement), has been paid In full and discharged of
record The real property herein before mentIoned, and upon whIch a lien IS
claimed, IS that certaIn piece or parcel of land lYing and being In the City of
Santa MOnica, County of Los Angeles, State of Callforma, and particularly
described as follows
(Description of Property)
Street Add ress
Legal Descnptlon
Parcel Numbers
(Name of owner and address)
Dated
NAB Chairperson
(h) From and after the date of recordIng the notice of lien, all persons
shall be deemed to have had notice of the contents thereof If any such hen
219
IS not paid, the City may file and maintain an action to foreclose such lien or
take any other action as provided by law
(I) As an alternative to the procedure authorrzed In Subsection (d) of
thIs Section and pursuant to Government Code Section 38773 5, the cost of
abatement, If not paid within ten days after Its confirmation by the City
CounCil, may constItute a speCial assessment against that parcel of property
which shall be recorded as follows
(1) After the City CounCil determines that the charge Will be assessed
against the property, the City shall record a notice descrrblng the abatement
actIon and the total costs With the County Recorder
(2) After confirmation of the report prepared pursuant to Subsection
(b) of thiS SectIon and recordatIon of the notIce, certified copies of the report
and the CIty CounCil resolution shall be given to the County Auditor or
Assessor who shall add the amount of the assessment to the next regular tax
bill levied agaInst the parcel In the same manner as ordinary munIcIpal taxes
(3) The amount of the assessment shall be collected at the same tIme
and In the same manner as ordinary mUnicipal taxes, and shall be subject to
the same penalties and procedure and sale In case of delInquency as
proVIded for ordinary mUnicipal taxes All laws apphcable to the levy,
collectIon and enforcement of property taxes shall be apphcable to such
assessment
(4) The assessment hens shall be subordInate to all eXistIng speCial
220
assessment lIens prevIously Imposed upon the same property and
paramount to all other lIens except State, county and mUnicIpal taxes with
which It shall be on parity The lien shall contInue until the assessment and
all mterest due and payable thereon has been paId
(]) The City Council may also order that the cost for the abatement be
made a personal obligation of the property owner and/or the person
responsible for causIng, committing or mamtammg the public nUisance The
City Council shall then direct the City Attorney and the Finance Department
to collect the cost of abatement
(k) The City CouncIl may dIrect the City Attorney to Institute a lawsUit
to collect any amounts due by reason of the abatement of a nUisance by the
City and to foreclose any eXlstmg hens for such amounts Notwlthstandmg
the proVISions of thiS Chapter, the CIty Attorney may bring any appropriate
CIVil and crimInal action for abatement of any nUisance WithIn the CIty
pursuant to any other provIsion of the law Upon entry of a second or
subsequent CIVil or crlmmal Judgment WIthIn a two-year period, findIng that
the owner or possessor of a property, place or area IS responsible for a
conditIon that may be abated In accordance With thIS Chapter, except for
conditIons abated pursuant to SectIon 17980 of the Health and Safety Code,
the court may order the owner or possessor to pay treble the costs of the
abatement to the City
(I) All monIes recovered by payment of the charge, obligation,
221
assessment or lien shall be paid to the CIty Treasurer who shall credIt the
same to the NUIsance Abatement Fund.
8.96.200
Violation.
Any person, whether owner, lessee, sublessor, sublessee or
occupant, who IS responsible for or who causes, permIts or malntams any
conditIon subject to abatement pursuant to the provIsIons of thIs Chapter to
eXist on any property, place or area wlthm the CIty, shall be deemed gUilty
of a mIsdemeanor and upon conVIction thereof shall be punrshable as
proVided m Section 1 08 010 of this Code
8.96.210 Nuisance Abatement Fund.
The Finance Director IS authorized to establish a revolVing fund to be
known as the NUisance Abatement Fund which shall be used to defray costs
of admmlstratlve and Judicial abatement of public nUIsances The fund shall
be reImbursed by collectIon from the property or property owner, or any
responsible person, as specIfied In thiS Chapter and by the courts ThiS fund
may be operated and used m conjunctIon with procedures ordered or
authorized under thiS or any other abatement prOVIsion of thIS Code
8.96.220 Abandoned, wrecked, dismantled and inoperative
vehicles.
(a) Abandonment No person shall abandon a vehicle upon public
or private property without the express or Implied consent of the owner or
person m lawful possessIon or control of the property
222
(b) Procedures for Abatement of Vehicles Constituting a Public
Nuisance.
(1) The procedures set forth In this SectIon are hereby establIshed
solely for the abatement and removal of abandoned, wrecked, dismantled or
inoperative vehIcles or parts thereof (hereInafter "vehicle," "vehlcle(s)," or
"vehicles") as public nUIsances from prrvate or publIc property and for the
recovery of, or assumption by, the City of the costs of administration and
removal of those vehicles These procedures are enacted under the authority
granted by the State of CalifornIa pursuant to VehIcle Code Section 22660
(2) It IS the Intent of the City Council to proVide that the abatement of
public nUisances consisting of vehicles may be carried on eIther concurrently
with or separately from the abatement of other conditions, If any, constItuting
a public nUIsance on any premIses within the City, as deemed appropriate
under the circumstances ThIs Section shall be admInIstered by regularly
salarred full-time CIty employees, except the removal of vehicles shall be by
any duly authorized person
(c) Notice of Intention to Abate or Remove.
(1) After inspectIng or causing to be Inspected any premises, and
upon determining the eXistence of a public nUIsance on the premises
consistIng of vehIcles, the NUIsance Abatement Board or Director of
EnVironmental and PublIc Works Management may Issue a ten-day notice
of Intention to abate and remove the vehlcle(s) ("ten-day notice") The
""...
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ten-day notice shall be Issued to both the owner of the premises upon which
the vehIcle IS located, to the owner of the vehicle, and to any person who has
made a complaint about the nUIsance and has requested that he or she be
notifIed of any actIon taken wIth respect to the nUisance A ten-day notice
need not be Issued If the property owner and the owner of the vehIcle have
signed releases authorizing removal and waiving further Interest In the
vehicle
(2) The ten-day notice shall contain the followIng information
(A) The street address and any other descriptIon reqUired to IdentIfy
the premIses upon which the vehlcle(s) IS located
(B) The Identity of the vehlcle(s) to be abated
(C) A statement that the City has found the vehlcle(s) or parts thereof
to be a public nUisance as defined In this Code
(D) A descnptlon In suffIcIent detail which Informs the owner of the
premises and the owner of the vehicle of the conditIons which constitute the
public nUisance
(E) A statement of the actIon feqUlred to be taken as determIned by
the City, and that such action IS to be completed WIthin ten days after the
mailing of the notice
(F) A statement that the owner of the premises and the owner of the
vehlcle(s) have the f1ghtto request a hearing before the NUisance Abatement
Board
224
(G) A statement on the copy of the notice sent to the owner of the
premises
As to any vehlcle(s) listed herein, you may file with the NUisance
Abatement Board a sworn wntten statement denYIng responsIbIlity for the
presence on your property ofthe vehlcle(s) lIsted, together with your reasons
for such denial
This statement shall be construed as a request for a hearing by you
which you need not attend At the hearing, your statement will be consIdered
by the NUisance Abatement Board In determInIng whether the cost of
removmg said vehlcle(s) will be assessed agamst your property as a lien m
the event that removal of the vehlcle(s) IS undertaken by the City
You need not file a sworn statement If you Intend to attend the heanng, but
you may do so If you Wish The sworn statement will be considered only as
to vehlcle(s) and wIll not be considered as to the eXistence of any other
condition on your property whIch may be found to constitute a nUisance In
this or any other proceeding.
(H) A statement that failure either to take the action requIred to abate
the nUisance or to request a heanng wlthm the ten-day peflod shall be
deemed a waIver of such fights, and the NUisance Abatement Board may
proceed to abate the nUIsance
(3) The ten-day notice shall be mailed, by regIstered or certified mall,
to the owner ofthe premises as shown on the last equalIzed assessment roll
225
or supplemental roll and to the last registered and legal owners of record,
unless the vehIcle IS In such a condition that IdentifIcation numbers are not
available to determIne ownership
(4) A ten-day notice IS not req Ulred for the removal of a vehicle that IS
Inoperable due to the absence of a motor, transmiSSion or wheels and
Incapable of beIng towed, IS valued at less than two hundred dollars by a
person specified In Vehicle Code SectIon 22855, and IS determined by the
CIty to be a public nUisance presenting an Immediate threat to public health
or safety, provided, that the property owner has signed a release authorrzlng
removal and waivIng further Interest In the vehIcle Prror to fInal diSpositIon
under VehIcle Code Section 22662 of a low-valued vehicle for which
eVidence of registratIon has been recovered, the City shall provide notice to
the regIstered and legal owners of Its Intent to dIspose of the vehIcle, and
that If the vehIcle IS not claimed and removed within twelve days after the
notice IS mailed, from a locatIon specifIed In Vehicle Code SectIon 22662,
fInal diSposItion of the vehicle may proceed The CIty or CIty's contractor
shall not be liable for damage caused to a vehIcle by ItS removal pursuant to
this Subsection Furthermore, this Subsection (c)(4) applies only to
moperable vehicles located upon a parcel that IS (1) zoned for agrrcultural
use, or (2) not Improved WIth a residential structure contaInIng one or more
dwellmg umts
226
(d) Public Hearing on Nuisance Abatement.
(1) The owner ofthe vehicle orthe owner of the premises upon which
the vehicle IS located may request that a hearing be held before the
NUisance Abatement Board The request for a hearing must be received
before the ten-day period stated In the notIce expires
(2) Whenever the owner of the premises on whIch the vehlcles(s) IS
located or the owner of the vehlcle(s) requests a hearing (hereinafter called
"requesting party"), the NUisance Abatement Board shall Issue a hearing
notice to the requesting party allowing that party to appear before the
NUisance Abatement Board, or designated Hearing OffIcer, to show cause
why the vehlcle(s) IS not a public nUisance and should not be abated by the
City The hearing notice shall be served upon the requestIng party either
personally or by mailing a copy of the notice by certified mall, postage
prepaid, return receipt requested, not less than five calendar days prior to the
hearing date
(3) The procedure specifIed In Section 896 120 of this Chapter shall
be utilized In conductIng a hearing requested by the owner of the premises
on which the vehIcle IS located or by the owner of the vehicle
(4) If at the hearing It IS determined that the vehicle was placed on the
premIses Without the consent of the owner of the premises and that he or
she has not subsequently acquiesced to ItS presence, the NUisance
Abatement Board shall not assess the costs of administration or removal of
227
the vehlcle(s) against the property upon which the vehicle IS located or
otherwise attempt to collect these costs from the owner of the premises
(e) Regulations Regarding Removal of Vehicle Constituting a
Public Nuisance.
(1) Vehicles may be disposed of by removal to a scrap yard,
automobile dismantlIng yard, or any sUitable site operated by a local agency
for processing as scrap, or other final dISposItion consistent with SubsectIon
(e)(3) below The City may operate such a disposal sIte when the City
Council determines that commercial channels of dISpOSitIon are not available
or are Inadequate, and may make final diSpOSition of such vehIcles, or the
NUisance Abatement Board may transfer the vehicle to another, provided
such disposal shall be only as scrap Any momes that the City receIves for
the disposal of the vehIcle shall be used to offset the costs of abatement
(2) The NUisance Abatement Board shall notify the Department of
Motor Vehicles wlthm five days of the date of removal, Identlfymg the
vehlcle(s) and submlttmg any eVIdence of regIstration available IncludIng, but
not limited to, the registration card, certIficates of ownership or license plates
(3) After a vehicle has been removed, It shall be unlawful to
reconstruct or make the vehicle operable, unless the vehicle qualifies for
either horseless carriage lIcense plates or hIstorical vehicle license plates
pursuant to VehIcle Code Section 5004
(4) No CIty employee, other than a peace offIcer, or employee of a
228
sherrff's department or a City police department designated to remove
vehicles pursuant to Vehicle Code SectIon 22669, may remove vehicles until
that employee has mailed or personally delivered a written report Identrfymg
the vehIcle and Its locatIon to the Santa MOnica Police Department
(5) LIcensed dismantling or commercial enterprises acqUlrmg vehicles
removed pursuant to this Section shall be excused from the reporting
reqUirements of VehIcle Code SectIon 11520 and shall not pay any fees and
penalties which would otherwise be due the Director of Motor Vehicles,
provided, however, that a copy of the resolution or order authorlzmg
diSposition of the vehicle IS retamed In the busIness records of the dlsmantler
or commercIal enterprrse
(f) Exceptions to this Section. ThIS Section shall not apply to a
vehicle that IS completely enclosed wlthm a bUildIng In a lawful manner
where It IS not vIsIble from the street or other public or pnvate property or to
a vehicle that IS stored or parked m a lawful manner on private property m
connection With the business of a licensed dIsmantlIng operatIon, licensed
vehicle dealer or Junkyard ThiS exception shall not authOrize the
mamtenance of a public or private nUisance as defined under proVISions of
law other than thIS Section
(g) Costs of Abating Abandoned, Wrecked, Dismantled or
Inoperative Vehicles. Notwlthstandmg any other proVISIon of thIS Code, the
cost of abating any nUisance created by a vehicle, mcludlng the actual tow
229
costs, and an administrative fee coverrng direct and indirect overhead, to be
set by resolutIon of the City Council, IS the JOint and sevefal personal
obligation of the owner of the premises and the last regIstered owner of the
vehlcle(s) However, an owner of the premises who establishes lack of
responsibilIty for the presence ofthe vehlcle(s) on the premIses as permitted
by Subsection (d)(4), shall not be personally liable for the costs In additIon,
the last regIstered owner of the vehlcle(s) who can satisfy the reqUirements
of Vehicle Code Section 22524(b) shall not be personally liable for the costs
of abatement The cost of abatement performed by the City shall be
recovered In accordance wIth SectIon 8 96 190, except the accounting
reqUirements of Section 8 96 190(b) may be undertaken by the Director of
EnVIronmental and Public Works Management
8.96.230 Attorney's fees.
Attorney's fees shall be awarded to the prevailing party In any action
or administrative proceeding to abate a nUisance instituted by the City, If the
CIty elects, at the begInning of each IndiVidual action or proceeding, to seek
recovery of Its own attorney's fees If the City does not elect to recover Its
attorney's fees, no party shall be entitled to seek to recover the fees In no
action or admInistratIve proceeding shall an award of attorneys' fees to a
prevaIling party exceed the amount of reasonable attorneys' fees Incurred by
the CIty In the action or proceeding
230
SectIon 25 Chapter 8 100 IS hereby added to the Santa MonIca MUnicipal Code to read
as follows
Chapter 8.100
Tenant Protection During Construction.
-Reserved-
Section 26 Chapter 8 104 IS hereby added to the Santa MOnica Municipal Code
to read as follows:
Chapter 8.104 Underground Storage Tanks.
8.104.010 Findings and purpose.
The City Council finds and declares as follows
(a) Substances hazardous to the public health and safety, and to the
enVironment, are stored pnor to use or disposal In underground locatIons In
the City
(b) Underground tanks used forthe storage of hazardous substances
and wastes are potential sources of contamination of the ground and
underlYing aquifers, and may pose other dangers to public health and the
environment
(c) In many cOmmUnitIes, underground storage of hazardous
substances includIng, but not limited to, Industnal solvents, petroleum
products, and other matenals, has resulted In undetected and uncontrolled
releases of hazardous substances Into the ground These releases have
contaminated public dnnklng water supplies and created a potentIal threat
to the public health and to the waters of the State
231
(d) Appropriate laws are required to adequately govern the
construction, maintenance, testing and use of underground tanks used for
the storage of hazardous substances, or the short-term storage of hazardous
wastes prior to dIsposal, for the purposes of protecting the public health and
the envIronment
(e) The protectIon of the public from releases of hazardous
substances IS necessary for the protectIon of the public peace, health,
safety, and welfare
8.104.020 Definitions.
The follOWing words or phrases, as used In this Chapter, shall have
the follOWing meanings
(a) Automatic line leak detector means any method of leak
detection, as determined In regulations adopted by the State Water
Resources Control Board, which alerts the owner or operator of an
underground storage tank to the presence of a leak "Automatic line leak
detector" Includes, but IS not limIted to, any deVIce or mechamsm which
alerts the owner or operator of an underground storage tank to the presence
of a leak by restnctlng or shutting off the flow of a hazardous substance
through piping, or bytnggerrng an audIble orvlsual alarm, and whIch detects
leaks of three gallons or more per hour at ten pounds per square Inch line
pressure within one hour
(b) Board means the State Water Resources Control Board
'l~'l
4..).<.
"Regional Board" means a CallforOla RegIonal Water Quality Contfol Board
(c)
(1) Certified Unified Program Agency or"CUPA" means the agency
certifIed by the Secretary for EnvIronmental Protection to Implement the
uOIfled program specifIed In Health and Safety Code Sections 25404 et seq
Within a Junsdlctlon
(2) Participating agency or "PAil means an agency whIch has a
wntten agreement With the CUPA pursuant to Health and Safety Code
SectIon 25404 3(d), and IS approved by the Secretary of the Environmental
Protection Agency to Implement or enforce the uOlfled program element
speCified In Health and Safety Code Section 25404(c)(3), In accordance WIth
the proVIsions of Health and Safety Code SectIons 25404 1 and 25404 2
(3) Unified Program Agency or "UPA" means the CUPA, and Its
partIcipating agencies, to the extent each PA has been deSignated by the
CUPA pursuant to a written agreement to Implement or enforce the uOIfled
program element specIfIed In Health and Safety Code Section 25404(c)(3)
For purposes of thIS Chapter, the UPA's have the responsibility and
authonty, to the extent proVided by thiS Chapter and Health and Safety Code
Sections 25404 1 and 25404 2, to Implement and enforce only those
requirements of thiS Chapter listed In Health and Safety Code Section
25404(c)(3) The UPA's also have the responsIbIlity and authonty, to the
extent proVided by Chapter 6 7 and Sections 25404 1 and 25404 2 of the
'")~~
~')J
Health and Safety Code, to Implement and enforce the regulations adopted
to Implement the reqUirements of this Chapter and Chapter 6 7 of the Health
and Safety Code, as provided In Health and Safety Code Section
25404(c)(3) If the City IS certified as a CUPA by the Secretary of the
Environmental Protection Agency, the City, as the CUPA, wIll be the only
local agency authorized to enforce the reqUirements of thIs Chapter and
Chapter 6 7 of the Health and Safety Code, as provIded In Health and Safety
Code Section 25404(c)(3), within the CIty This Section shall not be
construed to limIt the authorrty or responsibilIty granted to the Board and the
RegIonal Board to enforce Chapter 67 of the Health and Safety Code and
the regulatIons adopted pursuant thereto
(d) Department means the Department of ToxIc Substances Control
(e) Facility means anyone, or combination of, underground storage
tanks used by a single business entity at a single location or site
(f) Federal Act means Sub-Chapter IX (commencing wIth SectIon
6991) of Chapter 82 of TItle 42 of the United States Code, as added by the
Hazardous and SolId Waste Amendments of 1984 (P L 98-616), or as It may
subsequently be amended or supplemented
(g) Hazardous substance means all of the following lIquid and solid
substances, unless the City determInes that the substance could not
adversely affect the quality of the waters of the State
(1) Substances on the list prepared by the DIrector of the Department
234
of Industrial Relations pursuant to Labor Code Section 6382,
(2) Hazardous substances, as defined In Health and Safety Code
Section 25316,
(3) Any substance or matenal which IS classified by the National FIre
Protection AssOcIation (NFPA) as a flammable liquid, a Class II combustible
liqUId or a Class II I-A combustible liquid,
(4) Any substance on the master list of hazardous substances
prepared In accordance With Health and Safety Code Section 25281,
(5) Any substance requIred to be disclosed under Chapter 5 16 of
ArtIcle 5 of this Code relating to ToxIc Chemical DIsclosure, and
(6) Any regulated substance, as defined In Subsection (2) of Section
6991 of TItle 42 of the United States Code, as that SectIon was read on
January 1, 1989, or as It may subsequently be amended or supplemented
(h) Local agency means the local agency authOrized, pursuant to
Health and Safety Code Section 25283, to Implement Chapter 6 7 of the
Health and Safety Code
(I) Operator means any person In control of, or having dally
responsibility for, the dally operation of an underground storage tank system
(j) Owner means the owner of an underground storage tank
(k) Person means an mdlvldual, trust, firm, jOint stock company,
corporation, including a government corporation, partnershIp, limited liabIlity
company, or aSsocIatIon "Person" also Includes any CIty, county, district, the
235
State, any department or agency thereof, or the UnIted States to the extent
authorrzed by Federal law
(I) Pipe means any pipelIne or system of pIpelines which IS used In
connection with the storage of hazardous substances and which IS not
Intended to transport hazardous substances In Interstate or Intrastate
commerce or to transfer hazardous materrals In bulk to or from a marine
vessel notwithstandIng the foregoing, for purposes of this Chapter, "pipe"
means all parts of any pipeline or system of pipelines, used In connection
With the storage of hazardous substances Including, but not lImited to, valves
and other appurtenances connected to the pipe, pumping unIts, fabrrcated
assemblIes assOCiated With pumpIng umts, and meterrng and delivery
stations and fabrrcated assemblies therein "Pipe" does not Include any of
the follOWing
(1) An Interstate pipeline subject to 49 Code of Federal Regulations,
Part 195,
(2) An Intrastate pipeline subject to Chapter 5 5 (commencing WIth
Section 51010) of Part 1 of DIvISion 1 of Title 5 of the Government Code, or
(3) Unburred delivery hoses, vapor recovery hoses, and nozzles which
are subject to unobstructed visual inspection for leakage
(m) Primary containment means the first level of containment, such
as the portion of a tank which comes Into ImmedIate contact on Its Inner
surface WIth the hazardous substance beIng contained
236
(n) Product-tight means Impervious to the substance whIch IS
contained, or IS to be contained, so as to pfevent the seepage of the
substance from the prrmary containment To be product-tight, the tank shall
not be subject to physIcal or chemIcal deterroratlon by the substance which
It contains over the useful life of the tank
(0) Release means any spilling, leaking, emItting, discharging,
escapIng, leaching, or disposing from an underground storage tank Into or
on the waters of the state, the land, or the subsurface sOils
(p) Secondary containment means the level of containment external
to, and separate from, the prrmary containment
(q) Single-walled means constructIon wIth walls made of only one
thickness of materral For the purposes of this Chapter, laminated, coated,
or clad materials are conSidered single-wailed
(r) Special inspectors means a professional engineer, registered
pursuant to Chapter 7 (commencing with Section 6700) of DIvIsion 3 of the
BUSiness and Professions Code, who IS qualified to attest, at a minimUm, to
structural soundness, seismIC safety, the compatibility of construction
materials With contents, cathodIC protection, and the mechanical compatibility
of the structural elements of underground storage tanks
(s) Storage or store means the containment, handling, or treatment
of hazardous substances, either on a temporary baSIS or for a period of
years "Storage" or "store" does not mean the storage of hazardous wastes
237
In an underground storage tank If the person operating the tank has been
Issued a hazardous waste facIlitIes permIt by the Department pursuant to
Heath and Safety Code Section 25200 or has been granted interim status
under Health and Safety Code SectIon 25200 5
(t) Tank means a statIonary deVice deSIgned to contain an
accumulatIon of hazardous substances which IS constructed prlmanly of non-
earthen matenals (e g , wood, concrete, steel, plastic) which provides
structural support
(u) Tank integrity test means a test method capable of detecting an
unauthonzed release from an underground storage tank consIstent with the
minimum standards adopted by the Board
(v) Tank tester means an IOd IVldual who performs tank Integ nty tests
on underground storage tanks
(w) Unauthorized release means any release or emiSSion of any
hazardous substance which does not conform to the provIsions of this
Chapter, unless the release IS authorized by the State Water Resources
Control Board or a CalIfornia Reg lonal Water Quality Control Board pursuant
to DIvIsion 7 (commencing with SectIon 13000) of the Water Code
(x)(1) Underground storage tank means anyone or combination of
tanks, Including pipes connected thereto, which IS used for the storage of
hazardous substances and whIch IS substantially or totally beneath the
surface of the ground "Underground storage tank" does not Include
238
structures such as sumps, separatofs, storm drams, catch basins, 011 field
gatherrng lines, refinery pIpelines, lagoons, evaporatIon ponds, well cellars,
separation sumps, lined and unlined pits, and lagoons Sumps which are a
part of a momtonng system reqUired under Health and Safety Code Sections
25291 or25292 or Sections 8 104080 or 8 104 090 of this Code, and sumps
or other structures defIned as underground storage tanks under the Federal
Act, are not exempted by this SectIon
(2) Structures IdentifIed In this Section may be regulated by the Board
and any Regional Board pursuant to the Porter-Cologne Water Quality
Control Act (DIVIsion 7, commencing WIth Section 13000, of the Water Code)
to ensure that they do not pose a threat to water qualrty
(y) Underground tank system or tank system means an
underground stofage tank, connected piping, ancillary equipment, and
containment system, If any
(z)(1) Unified program facility means all contiguous land and
structures, other appurtenances, and Improvements on the land which are
subject to the reqUirements of Health and Safety Code SectIon 25404(c)(3)
(2) Unified program facility permit means a permit Issued pursuant
to Chapter 6 11 (commencing With SectIon 25404) of the Health and Safety
Code, and which encompasses the permIttIng reqUirements of Health and
Safety Code Section 25284
(3) Permit means a permit Issued pursuant to Section 8 104040 or
239
a unified program facllrty permit as defined In Subsection (z)(2) above
8.104.030 Master list of hazardous substances.
Owners or operators of underground storage tanks shall use the
master list of hazardous substances, or, when adopted, the revIsed master
list compiled by the Department of TOXIC Substances Control, to determIne
whIch underground storage tanks require permits pursuant to this Chapter
Hazardous substances Included on the list may be denominated by sCIentific,
common, trade, or brand names
8.104.040 Exemptions.
An underground storage tank which meets all of the follOWing cntena
IS exempt from the requirements of thiS Chapter
(a) All extenor surfaces of the tank, Including connected piping and
the floor directly beneath the tank, can be mOnitored by dIrect viewing
(b) The structure In which the tank IS located IS constructed In such
a manner that the structure provides for secondary containment of the
contents of the tank, as determined by the City
(c) The owner or operator of the underground storage tank conducts
dally inspections of the tank and marntalns a log of Inspection results for
review by the CIty
(d) The City determines wIthout objectIon from the Board that the
underground storage tank meets reqUirements which are equal to or more
stnngent than those Imposed by Chapter 6 7 of the Health and Safety Code
240
8.104.050 Administration.
(a) The Environmental and Public Works Management Department
shall be responsible for the administration of thIs Chapter If the City IS
designated as a CertIfied Unified Program Agency (CUPA), the
Environmental and Public Works Management Department shall also be
responsible for the administratIon of Health and Safety Code Sections 25280
et seq and the regulations adopted by the State Water Resources Control
Board
(b) Any deCISion ofthe EnvIronmental and PublIC Works Management
Department underthls Chapter, except when It relates to a dispute overa fee
or penalty assessed by the CIty as the CertIfied UnifIed Program Agency
(CUPA) under the SIngle fee system, may be appealed by a permit applicant
or permit holder WIthIn ten days from the date of the deCISion to an Appeals
Board conslstmg of Director of the Environmental and PublJc Works
Management Department, the Environmental Programs Coordinator and the
Fire Chief of the FIre Department or their duly authOrized representatives
The decIsion of the Appeals Board shall be rendered Within thIrty days from
the conclUSion of the hearing The procedures of the Appeals Board shall,
to the extent consIstent With thiS Chapter, be In conformity With the
procedures for the conduct of hearings by a Hearing Examiner under
Sections 6 16010 et seq of thIS Code The decIsion of the Appeals Board
shall be final, subject to JudiCIal revIew pursuant to Code of CIVil Procedure
241
Section 10945
(c) DIsputes regarding fees or penalties assessed upon a unIfied
program facIlity (facIlity) by the City as the CertifIed UnIfied Program Agency
(CUPA) under the single fee system shall proceed as follows
(1) The facIlity shall pay any applicable assessed fees and penalties
prior to requesting an appeal
(2) WithIn SIXty days of the date that the fees or penalty are
assessed, the facilIty may request an Inspection, If necessary
(3) Any facllrty requesting a refund or adjustment of applIcable fees
or penalties shall submit a written applIcation for a refund or an adjustment
of the fee or penalty within sixty days of the date that the fees or penalty are
assessed
(4) If the application for a refund or an adjustment of the fee or
penalty IS demed, the facilIty can apply to the Environmental Programs
Coordinator for a hearing Within sIxty days of the date of denial of the
application for the refund or adjustment
(5) The Environmental Programs CoordInator shall set a date for the
hearrng not later than ninety days after the date of the request for the
hearrng Notice ofthe date and time of the hearing shall be mailed to the last
known address of the applicant not later than fifteen days prror to the date
set for the hearrng The EnvIronmental Programs Coordinator may request
that the facIlity produce records at the hearing
242
(6) The hearing shall be heard by an Appeals Board consisting of
DIrector of the Environmental and Public Works Management Department,
the Environmental Programs CoordInator, the Fire Chief of the Fire
Department and the Director of the Finance Department or their duly
authOrized representatives In addition, the Director of the Environmental and
Public Works Department shall have the authOrity to appoint three additional
members to the Appeals Board and shall serve as ChaIr of the Appeals
Board The deCISIon of the Appeals Board shall be rendered Within thIrty
days from the conclusIon of the hearing The procedures of the Appeals
Board, to the extent consistent With thIs Chapter, shall be In conformity With
the procedures for the conduct of heanngs by a Hearing Examiner under
Sections 6 16 010 et seq of this Code The deCISIon of the Appeals Board
shall be final, subject to Judicial review pursuant to Code of CIVil Procedure
Section 1094 5
(d) All deadlines set forth In thIs Section may be extended by the
Chair of the Appeals Board for good cause
(e) The Director of the Environmental and Publrc Works Management
Department IS empowered to adopt regulations governing the admlnrstratlon
of thIs Chapter and the actIVItIes of permittees In order to Implement the
proVISions of thIs Chapter, applrcable resolutIons of the City CounCIl and
applicable State and Federal law The regulations adopted by the Director
of the Environmental and Public Works Management Department shall be
243
considered conditions of any permit Issued pursuant to this Chapter
8.104.060 Permit.
(a) (1) Except as provIded In SubsectIons (c) and (d) of thIs SectIon, no
person shall own or operate an underground storage tank unless a permit for Its
operation has been Issued by the City to the owner or operator of the underground
storage tank, or unless a unIfied program faCIlity permit has been Issued by the City
to the owner or operator of the Unified pfogram faCilIty on which the underground
storage tank IS located
(2) If the operator IS not the owner of the underground storage tank or
umfled program faCIlity, or If the permit IS Issued to a person other than the owner
or operator of the underground storage tank or umfied program facility, the permittee
shall ensure that both the owner and the operator of the tank or Unified program
faCIlity are proVIded wIth a copy of the permit
(3) If the permit IS Issued to a person other than the operator of the
underground storage tank or unIfied program facilIty, that person shall do all of the
follOWIng
(A) Enter Into a written agreement with the operator of the undergfound
storage tank or UnifIed program faCIlity to mOnitor the tank system as set forth In the
permit,
(B) ProVide the operator with a copy or summary of Health and Safety Code
Section 25299 In the form which the Board speCifies by regulation,
(C) Notify the City of any change of operator within thIrty days of the change
244
of operator
(b) The City shall prepare a form which provides for the acceptance of the
obligations of a transferred permit by any person who IS to assume the ownership
of an underground storage tank or unified program faCIlity from the prevIous owner
and IS to be transferred the permit to operate the underground storage tank or
umfled program faCIlity That person shall complete the form accepting the
oblIgations ofthe permit and submit the completed form to the City within thirty days
after the ownershIp ofthe underground storage tank or unified program faCIlity IS to
be transfefred The CIty may review and modify, or termInate, the transfer of the
permit to operate the underground storage tank or umfled program facIlity, pursuant
to the criteria speCified In Health and Safety Code Section 25295(a), upon receiving
the completed form
(c) Any person assumIng ownership of an underground storage tank or
unified program faCIlity used for the storage of hazardous substances for which a
valid operatmg permIt has been Issued shall have thirty days after the date of
assumption of ownership to apply for a permit pursuant to Section 8 104 060 or, If
accepting a transferred permit, shall submIt to the CIty the completed form
accepting the obligations of the transferred permit, as specified In Subsection (b) of
thiS SectIon, on the form prepared and proVIded by the City DUring the period from
the date of application until the permit IS Issued or refused, the person shall not be
held to be In Violation of thiS Section
(d) When In ItS Judgment It IS appropriate to do so, the CIty may Issue a
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single permit to a person for an underground storage tank or unified program facIlity
(e) Except as provIded In Section 8 104047, a permit to operate Issued by
the City pUfsuant to thiS Section shall be effective for no more than fIve years ThiS
SubsectIon does not apply to unIfied program facilIty permits
(f) A permit may be revoked and shall not be Issued or renewed to operate
an underground storage tank If the tank does not comply wIth thiS Chapter and
applicable State or Federal law
(g) A permIt Issued pu rsuant to thiS Section for an underground storage tank
Installed on or before December 22, 1988, shall require compliance with Health and
Safety Code SectIon 25292 and a permIt Issued pursuant to thIS Section for an
underground storage tank Installed after December 22, 1988, shall reqUire
compliance wIth Health and Safety Code SectIOn 25291 A permit Issued pursuant
to thiS Section may Include a schedule of complIance, when necessary, to allow a
reasonable opportunIty to comply wIth any applicable reqUirements of thIS Chapter
orthe regulations adopted by the Board Implementing Chapter 6 7 ofthe Health and
Safety Code, If the permit requires compliance With requIrements which are no less
stnngent than any Federal, State, or local requIrements which apply to the
underground storage tank on January 1, 1990
(h) A permIt Issued pursuant to thiS Section shall requIre compliance With all
applicable regulations adopted by the Board pursuant to Health and Safety Code
Section 25299 3 and the proVIsions of Chapter 6 7 of the Health and Safety Code
(I) Except as proVided In Health and Safety Code Section 254045, the City
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shall not Issue or renew a permit to operate an underground storage tank to any
person who has not paid the fee and surcharge reqUired by Health and Safety Code
SectIon 25287
(]) The owner and operator of an underground storage tank shall at all times
comply WIth the terms and conditIons of any permit Issued pursuant to this Chapter
8.104.070 Tank integrity tester.
(a) All tank integrity tests required by thIs Chapter shall be performed only
by, or under the dIrect and personal supervision of, a tank tester With a currently
valid tank testing license Issued pUfsuant to Health and Safety Code SectIon
252844 No person shall engage In the business oftank Integnty testing, or act In
the capacity of a tank tester, WithIn the City, Without first obtaining a tank testing
license from the Board
(b) Any person proposing to conduct tank integrity testing Within the City
shall apply to the Board for a tank testing license and comply With the standards set
forth In the proVIsIons of the Health and Safety Code specifIed by the Board
8.104.080 Revocation or modification of permits.
(a) The City may revoke or modify a permit Issued pursuant to Section
8 104 060 for cause, including, but not limIted to, any of the follOWing
(1) Violation of any of the tefms or conditIons of the permit,
(2) ObtaIning the permit by misrepresentation or intentional failure to fully
disclose all relevant facts,
(3) A change In any conditIon that requires modification or termInation of the
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operation of the underground storage tank, as determined by the CIty
(b) The City shall revoke the permit of an underground storage tank Issued
pursuant to Section 8 104 060 If the owner or operator IS not In compliance with
Article 3 of Chapter 6 75 of the Health and Safety Code, Sections 25299 30 et seq ,
on the date three months after the date on which the owner or operator of the tank
fIrst becomes subject to Article 3 of Chapter 6 75 of the Health and Safety Code
8.104.090 Applications.
(a) An application for a permit to operate an underground storage tank, or
for renewal of the permit, shall be made by the owner or operator of the tank, or If
there IS a CUPA, by the owner or operator of the umfied program faCIlity on whIch
the tank IS located, on a standardIzed form prepared and proVided by the City The
applIcation shall be accompanied by the appropriate fee, to be set by resolution of
the City Council As a condition of any permIt to operate an underground storage
tank, the permIttee shall notify the City, WithIn the period determIned by the City, of
any changes In the usage of the underground storage tank. includIng the storage
of new hazardous substances, changes In the mOnltorrng procedures, and If there
has been any unauthOrized release from the underground storage tank, as speCified
In Section 8 104 190
(b) The City shall proVide the desIgnee of the Board With copies of the
completed permit applicatIons, uSing forms, an Industry standard computer-readable
magnetic tape, diskettes, or any other form In a format acceptable to both the Board
and the CIty
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(c) The applIcation form shall Include. but not be limited to, requests for the
followIng Information
(1) A descrrptlon of the age. Size, type, locatIon, uses, and construction of
the underground storage tank or tanks,
(2) A list of all of the hazardous substances which are or will be stored In the
underground storage tank or tanks, specifyIng the hazardous substances to be
stored In each underground storage tank;
(3) A descnptlon of the momtorlng program forthe underground storage tank
or tanks,
(4) The name and address of the person, fIrm, or corporation whIch owns the
underground storage tank or tanks and, If dIfferent, the name and address of the
person who operates the underground storage tank or tanks,
(5) The address of the facIlity at which the underground storage tank or
tanks are located,
(6) The name and address of the person making the application,
(7) The name and twenty-four-hour phone number of the contact person In
the event of an emergency Involving the facIlity,
(8) If the owner or operator of the underground storage tank or the owner or
operator of the unifIed progfam facIlity on which the tank IS located IS a public
agency, the applIcation shall Include the name of the supervisor of the divISion,
SectIon, or office which owns or operates the tank or owns or operates the unIfied
program facIlity,
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(9) The State Board of Equalization regIstratIon number Issued to the owner
of the tank pursuant to Section 50108 1 of the Revenue and Taxation Code, and
(10) If applrcable, the name and address of the owner and, If dIfferent, the
operator of the unrfled program facIlity on whIch the tank IS located
(d) If a permittee stores In an underground storage tank or tanks a
hazardous substance which IS not listed In the applrcatlon. as reqUired by
Subsection (c)(2) of this Section, the permIttee shall apply for a new or amended
permit wIthin thirty days after commencIng the storage of that hazardous substance
8.104.100 Fees.
(a) A fee shall be paid to the City by each person who submits an application
for a permit to operate an underground storage tank or to renew or amend a permIt
The amount of any fee shall be established and from time to tIme amended by
resolutIon of the City CouncIl
(b) ThiS fee shall mclude a surcharge, as determIned by the State annually
to cover the costs of the Board In carrying out Its responsibilitIes under Chapter 6 7
ofthe Health and Safety Code and the costs of the City In collecting the surcharges
The CIty may retain SIX percent of any surcharge collected for costs mcurred In Its
collectIon The SIX percent of the surcharge retained by the CIty IS the CIty's sole
source of reImbursement for the cost of collecting the surcharge The CIty shall
transmIt all remainIng surcharge revenue collected by the City to the Board wlthm
forty-five days after receipt
(c) Subsection (b) of thiS Section does not apply to the City's Single fee
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system, whIch will be Implemented pursuant to Health and Safety Code Section
25404 5 upon certIfication of the City as a CUPA
8.104.110 Inspections.
(a) Every underground storage tank shall be Inspected at least once every
three years The purpose of the inspection shall be to determine whether the tank
complies WIth the applicable requirements of this Chapter and the regulations
adopted by the State Water Resources Control Board, including the deSign and
construction standards of Section 8 104 140 or SectIon 8 104 150, whIchever IS
applicable, whether the operator has mOnitored and tested the tank as reqUired by
the permit, and whether the tank IS In a safe operating condition
(b) After an InspectIon conducted pursuant to Subsection (a) of thiS Section,
a complIance plan may be prepared detailing the results of the inspection and the
remedial action requIred A copy of the report shall be gIven to the owner and
operator Any report prepared pursuant to thIS Section shall be consolidated mto
any other Inspection reports required pursuant to Chapter 6 11 (commencing WIth
SectIon 25404) of the Health and Safety Code, the requIrements listed In
subdiVISIon (c) of Section 25404 otthe Health and Safety Code, and the regulatIons
adopted to Implement the requirements lIsted In subdIVISion (c) of Section 25404 of
the Health and Safety Code The owner and operator shall comply With the
compliance plan WIthIn the time perrod set forth In such plan
(c) In addition to, or Instead ofthe inspections speCified In Subsection (a) of
thiS Section, the City may requIre the owner to employ perrodlcally speCial
251
Inspectors to conduct an audit or assessment of the owner's facIlity to determine
whether the facilIty complies with the factors specIfied In SubsectIon (a) of this
Section and to prepare a specIal inspectIon report with recommendatIons
concerning the safe storage of hazardous materials at the facIlity The report shall
contaIn recommendations consistent with the provISIons of this Chapter, where
appropnate A copy of the report shall be filed with the City at the same time the
Inspector submits the report to the owner Within thirty days after receiving this
report, the owner shall file wIth the City a compliance plan to Implement all
recommendations contained In the report or shall demonstrate, to the satisfaction
of the CIty, why these recommendations should not be Implemented The owner
shall comply with the compliance plan approved by the City within the time period
set forth In such plan
8.104.120 Authority to inspect location of tank systems.
(a) To carry out the purposes of this Chapter and Chapters 67 and 675 of
the Health and Safety Code, any duly authonzed representative of the City, the
Regional Board, or the Board has the authonty speCIfied In Health and Safety Code
Section 25185, with respect to any place where underground tank systems are
located, or In whIch records relevant to the operation of an underground tank
system are kept, and In Health and Safety Code SectIon 25185 5, wIth respect to
real property which IS within two thousand feet of any place where underg round tank
systems are located The authonty conferred by thiS SectIon Includes the authonty
to conduct any mOnitoring or testing of an underground tank system
252
(b) To carry out the purposes of this Chapter and Chapters 67 and 6 75 of
the Health and Safety Code, any authorized representative ofthe City, the Regional
Board, or the Board may require the owner or operator of an underground storage
tank to submit, upon request, any InformatIon relevant to compliance with this
Chapter or applicable State law, to conduct mOnitoring or testing, and to report the
results of that mOnltonng or testing under penalty of perjury The burden of the
mOnitoring, testing, and reporting, includIng costs, shall bear a reasonable
relationship to the need for the monrtorlng, testing, and reporting
8.104.130 Trade secrets.
(a) "Trade secrets," as used In this Chapter, Includes, but IS not limited to,
any formula, plan, pattern, process, tool, mechamsm, compound, procedure,
prod uctlon data, or compilation of InformatIon which IS not patented, whIch IS known
only to certain IndIvIduals within a commercIal concern who are uSing It to fabricate,
produce, or compound an article oftrade or a service havmg commercial value, and
which gives ItS user an opportunrty to obtain a business advantage over competitors
who do not know or use It
(b) The Board or the City may dIsclose trade secrets received by the Board
or the City pursuant to thiS Chapter or ArtIcle 6 7 of the Health and Safety Code to
authOrized representatIves or other governmental agencies only In connection With
the Board's or the City'S responSibilitIes pursuant to thiS Chapter or ArtIcle 6 70fthe
Health and Safety Code The Board and the City shall establish procedures to
ensure that these trade secrets are utIlized only In connectIon With these
253
responsIbilIties and are not otherwise dIsseminated without the consent of the
person who provIded the Information to the Board or the CIty
(c) Any person providing information pursuant to Health and Safety Code
Section 25286 and Section 8 104 060 of this Code shall, at the time of Its
submIssion, IdentIfy all information whIch the person believes to be a trade secret
Any rnformatlon or record not IdentifIed as a trade secret IS available to the publJc,
unless exempted from disclosure by other provIsions of law
(d) Where the CIty, by ordinance, provides an alternative to the IJstlng of a
substance whIch IS a trade secret, the person storrng that substance shall provide
the Identification of the material directly to the Board pursuant to this SectIon
8.104.140 Standards for new underground storage tanks.
Every underground storage tank Installed after January 1, 1984, shall meet
all of the follOWing reqUirements
(a) The underground storage tank shall be deSIgned and constructed to
provide prrmary and secondary levels of containment of the hazardous substances
stored In them In accordance With the follOWing performance standards
(1) Prrmary contaInment shall be product-tIght
(2) Secondary containment shall be constructed to prevent structural
weakening as a result of contact With any released hazardous substances, and also
shall be capable of storrng the hazardous substances for the maximum anticipated
perrod of tIme necessary for the storing of any released hazardous substance
(3) In the case of any installation With one primary container, the secondary
254
container shall be large enough to contaIn at least one hundred percent of the
volume of the pnmary tank
(4) In the case of multIple pnmary tanks, the secondary container shall be
large enough to contaIn one hundred fifty percent of the volume of the largest
primary tank placed In It, or ten percent of the aggregate Internal volume of all
primary tanks, whichever IS greater
(5) If the faCIlity IS open to rainfall, the secondary container shall be able to
additionally accommodate the volume of a twenty-four-hour raInfall as determIned
by a one-hundred-year storm history
(6) Single-wailed containers do not fulfIll the reqUirement of an underground
storage tank proVIdIng both a primary and a secondary containment However, an
underground storage tank WIth a pnmary container constructed With a double
complete shell shall be deemed to have met the reqUirements for primary and
secondary containment set forth In this Sectlon If the outer shell IS constructed
primarily of non-earthen materials, Includmg, but not limIted to, concrete, steel, and
plastic, whIch proVIde structural support, a contInuous lead detection system IS
capable of detecting the entry of hazardous substances from the Inner container
mto the space, and the system IS capable of detectIng water intrusion Into the space
from the outer shell
(7) Underground storage tanks for motor vehIcle fuels Installed before
January 1, 1997, may be deSIgned and constructed In accordance With thIS
Subsection In lieu ofthe reqUirements of SubsectIons (a)(1) to (a)(6) ofthls SectIon,
255
InclUSive, If all of the follOWing conditions eXist
(A) The prrmary containment construction IS of glass fiber reinforced plastic,
cathodically protected steel, or steel clad with glass fiber reinforced plastic,
(B) Any alternative primary containment IS Installed In conjunctIon wIth a
system that Will Intercept and direct a leak from any part of the underground storage
tank to a mOnltormg well to detect any release of motor vehicle fuels,
(C) The system IS deSigned to provide early leak detection and response,
and to protect the groundwater from releases,
(O) The mOnitoring IS In accordance wIth the alternative method IdentifIed
In Health and Safety Code SectIon 25292(b)(4) This Subsection does not apply to
tanks designed, constructed, and monrtored In accordance with Subsection (a){6)
of th IS SectIon,
(E) Pressurized piping systems connected to tanks used for the storage of
motor vehicle fuels and mOnitored In accordance with Health and Safety Code
Section 25292(b)(4) also meet the conditions of this subdivIsion If the tank meets
the conditIons of Subsections (a)(7)(A) to (a)(7)(0) of this Section, InclUSive
However, any pipe connected to an underground storage tank Installed after July
1, 1987, shall be equipped With secondary contaInment which complies With
Subsections (a)(1) to (a)(6) of thIs Section, Inclusive
(b) The underground storage tank shall be deSIgned and constructed With
a monrtorrng system capable of detectIng the entry of the hazardous substance
stored In the prrmary containment Into the secondary contaInment If water could
256
Intrude Into the secondary containment, a means of mOnitoring for water IntrusIon
and for safely removing the water shall also be provided
(c) The underground storage tankshall contain a means of overfill protectIon
for any primary tank, Including an overfill preventIon device or an attentIon-getting
h Ig her level alarm I or both
(d) If different substances are stored In the same tank and In combination
may cause a fire, an explOSion, or the production offlammable, tOXIC, or pOisonous
gas, or the deterioration of a prrmary or secondary contaIner, then they shall be
separated In both the prrmary and secondary containment so as to aVOId potential
intermIxing
(e) If water could enter Into the secondary containment by precipitation or
infIltration, the faCIlity shall contain a means of removIng the water by the owner or
operator This removal system shall also prevent uncontrolled removal of this water
and provide for a means of analYZing the removed water for hazardous substance
contamination and a means of disposing of the water, If so contammated, at an
authorrzed dIsposal faclhty
(f) Underground pfessurrzed pIping that conveys a hazardous substance
shall be equipped With an automatic line leak detector and shall be tightness-tested
annually
(g) Before the underground storage tank IS covered, enclosed, or placed In
use, the standard Installation testing for requirements for underground storage
systems speCIfied In SectIon 2-7 of the Flammable and Combustible LiqUIds Code,
257
adopted by the National Fire Protection AssocIation (NFPA 30), as amended and
publIshed In the respective edItion of the Uniform Fife Code, shall be followed
(h) Before the underground storage tank IS placed m service, the
underground storage systems shall be tested m operatmg condition usmg a
pfeclslon test as defined In National Fire Protection Association Pamphlet 329,
"Recommended Practice for Handling Underground Leakage of Flammable and
Combustible LiqUids," as amended, for provmg the Integrity of an underground
storage tank
(I) If the underground storage tank IS designed to maintain a water level In
the secondary containment, the tank shall be eqUIpped With a safe method of
removmg any excess water to a holding facIlity and the owner or operator shall
Inspect the holding facIlity monthly for the presence of excess water overflow If
excess water IS present In the holding facIlity. the permit holder shall provide a
means to analyze the water for hazardous substance contamInatIon and a means
to dIspose of the water, If so contamInated, at an authOrized disposal facIlity
(j) The standards reqUired by the City under this Section shall at no time be
less than the standards reqUired pursuant to Health and Safety Code SectIon
25291
8.104.150 Standards for existing underground storage tanks.
For every underground storage tank Installed on or before January 1, 1984,
and used for the storage of hazardous substances, all of the following actIons shall
be taken
258
(a) On or before July 1, 1985, the owner shall outfit the facIlity with a
mOnitoring system capable of detectmg unauthOrized releases of any hazardous
substances stored In the facIlity, based on matenals stored and the type of
mOnitoring Installed
(b) Provide a means of Visual inspectIon of the tank, wherever practIcal, for
the purpose of the momtorlng reqUIred by SubsectIon (a) ofthls Section Alternative
methods of mOnltonng the tank on a monthly, or more frequent basIs, may be
reqUired by the EnvIronmental and Public Works Management Department
(c) The Environmental and Public Works Management Department shall
develop regulatIons specifying mOnitoring alternatIves The City, or any other publIc
agency speCified by the CIty, shall approve the locatIon and number of wells, the
depth of wells, and the sampling frequency, pursuant to these regulations
(d) (1) All eXistIng underground pressurized piping shall be eqUipped With an
automatic line leak detector on or before December 22, 1990, and shall be
retrofitted With secondary contaInment on or before December 22, 1998
Underground pressurized plpmg shall be tightness-tested annually
(2) Subsection (d)(1) of thIs Section does not apply to eXisting pressurized
piping containing motor vehicle fuel, If the pIpeline IS constructed of glass fIber
reinforced plastic, cathodIcally protected steel, or steel clad With glass fiber
reinforced plastIc, IS eqUipped WIth an automatic line leak detector, and IS tlghtness-
tested annually
(e) The standards reqUired by the City under thIs Section shall at no time be
259
less than the standards reqUIred under Health and Safety Code Section 25292
8.104.160 Underground tank systems.
All underground tank systems shall meet the following operatIonal
requirements
(a) The underground tank system shall be operated to prevent unauthorized
releases, Including spills and overfills, during the operating life of the tank, Includmg
dUring gauging, sampling, and testing for the integrity of the tank
(b) Where equIpped WIth cathodIc protectIon, the underground tank system
shall be operated by a person With sufficient tralnrng and experience In preventing
corrosion
(c) The underground tank system shall be structurally sound at the tIme of
upgrade or repair
8.104.170 EVidence of financial responsibility.
(a) All owners and operators of an underground tank system shall maintaIn
eVidence offlnanclal responsibility for takIng correctIve actIon and for compensatmg
third parties for bodily injury and property damage caused by a release from the
underground tank system, In accordance WIth regulations adopted by the Board
pursuant to Health and Safety Code Section 25299 3
(b) If the owner and the operator are separate persons, either the owner or
the operator shall demonstrate complIance WIth subsection (a) of thlsSectlon
(c) An owner may comply With thiS Chapter by entering Into an agreement
With the operator of the tank requlflng the operator to demonstrate compliance With
260
SubsectIon (a) of this Section However, both the owner and the operator are In
vIolatIon of Subsection (a) ofthls SectIon If eVidence of financial responslbllrty IS not
established and maintained In accordance with thIs Chapter
8.104.180 Monitoring.
(a) The operator of the underground tank or underground tank system shall
monItor the underground tank or underground tank system uSing the method
speCIfied on the permit for the underground tank or underground tank system
Records of mOnitoring, testing, upgrading, repalrrng and closure shall be kept m
sufficient detail to enable the CIty to determine that the operator has undertaken all
mOnltorrng activities requIred by the permit to operate and IS In compliance wIth this
Chapter and the regulatIons adopted by the State Water Resources Control Board
(b) If the operator IS not the owner, the owner shall proVide a copy of the
pefmlt to the operator, enter Into a wrrtten contract with the operator whIch reqUires
the operator to momtor the tank as set forth In the permit, and prOVide the operator
wIth a copy of this Chapter The owner shall notIfy the CIty of any change of
operator
8.104.190 Unauthorized release.
(a) Any unauthorrzed release from the prrmary containment which the
operator IS able to clean up Within eIght hours after the release was detected or
should have been detected, and which does not escape from the secondary
containment, does not Increase the hazard of fire or explOSion and does not cause
any detenoratlon of the secondary containment of the undergfound stofage tank,
261
shall be recorded on the operator's monrtorlng reports
(b) Any unauthorrzed release which escapes from the secondary
contaInment, or from the primary containment If no secondary containment eXists,
whIch Increases the hazard of fIre or explosion, or causes any deterioration of the
secondary containment of the underground tank or causes contamInation of sOIl or
groundwater, shall be reported by the operator to the City wIthin twenty-four hours
after the release has been detected or should have been detected A full wntten
report shall be transmitted by the owner or operator of the underground storage
tanks withIn five working days of the occurrence of the release The report shall
descnbe the nature and volume of the unauthorized release, any Investigative
actions whIch will be needed to clean up the unauthorized release and abate the
effects of the release and a tIme schedule for ImplementIng these actIons
(c) The CIty shall review the permit whenever there has been an
unauthorized release or whenever It determines that the underground storage tank
IS unsafe In determining whether to modrfy or termInate the permIt, the City shall
consider the age of the tank, the methods of containment, the methods of
monrtorlng, the feasIbIlity of any req U1red repairs, the concentration ofthe hazardous
substances stored In the tank, the seventy of potential unauthorized releases, and
the sUitability of any other long-term preventive measures which would meet the
requirements of this Chapter
(d) The reporting requIrements Imposed by thIs SectIon are In addItion to
any requIrements which may be Imposed by SectIons 13271 and 13272 of the
262
Water Code
(e) For purposes of this Chapter, an unauthorized release Includes, but IS
not limited to, a spIll or overfill of a hazardous substance that meets both of the
followIng conditIons
(1) The spill or overfill occurs while the hazardous substance IS being placed
In an underground storage tank,
(2) The spill or overfill IS due to the use of Improper equipment, faulty
equipment, operatof error, inattentIOn or overfilling
(f) A person who causes an unauthOrized release of a hazardous substance
specIfied In SubsectIon (e) of this Section shall Immediately notify the operator of
the underground storage tank that a spIll has occurred and the operator shall
comply with the reqUirements of Health and Safety Code Sections 25294 or 25295,
whichever IS applicable
8.104.200 Authority to remedy effects of an remove hazardous
substance release
The City may request the following agencIes to utilize that agencyts authority
to remedy the effects of, and remove, any hazardous substance which has been
released from an underground storage tank
(a) The Department may take actIOn pursuant to Chapter 68 (commencing
wIth SectIon 25300) of the Health and Safety Code and, for this purpose, any
unauthOrized release shall be deemed a release as defined In Health and Safety
Code Section 25320
263
(b) The Regional Water Quality Control Board may take action pursuant to
DIvision 7 (commencing with Section 13000) of the Water Code and, for this
pUfpose, the discharged hazardous substance shall be deemed a waste as defined
In Water Code Section 13050(d)
8.104.210 Immunity from liability.
Ifthe City performs, or causes to be performed, any cleanup, abatement, or
other action necessary to remedy the effects of a release of hazardous substances
from an underground storage tank, the City shall be Immune from liability for thIs
actIon to the same extent as the Board or Regional Board IS Immune If the Board
or Regional Board had performed the cleanup, abatement, or other action
8.104.220 Abandonment.
(a) No person shall abandon an underground storage tank, or Unified
program faCIlity or close or temporarrly cease operatIng an underground storage
tank, or unrfled program faCIlity, except as proVided In this Section
(b) An underground storage tank or unIfied program faCIlity which IS
temporarily taken out of service, but whIch the operator Intends to return to use,
shall contInue to be subject to all the permit, inSpection, and monrtorrng
requirements of this Chapter and all applicable regulatIons adopted by the Board
pursuant to Health and Safety Code Section 25299 3, unless the operator complies
With the proVISions of SubsectIon (c) of this SectIon for the perrod of time the
underground tank or Unified program faCIlity IS not In use
(c) No person shall close an underground storage tank or UnifIed program
264
facIlity unless the person undertakes all of the following actions
(1) Demonstrates that all residual amounts of the hazardous substance or
hazardous substances which were stored In the underground storage tank pnor to
Its closure have been removed, properly disposed of, and neutralized,
(2) Removes the underground storage tank In Its entIrety from the ground,
or upon approval by the City, adequately seals the tank to mInimIze any threat to
the public safety and the possibilIty of water IntrUSion Into, or runoff from, the
underground storage tank,
(3) ProVIdes for, and carnes out, the maintenance of the underground
storage tank as the CIty determines IS necessary for the penod of time the CIty
requires,
(4) Demonstrates to the satIsfaction of the City that an investigation has
been undertaken which reasonably concludes that there has been no signIficant sOil
contamInation resu ltlng from a release from the underground storage tank or unIfied
program facilIty, and
(5) Demonstrates to the CIty that the site has been investigated to determIne
If there are any present, or have been any past, releases, and If so, that the
appropriate corrective or remedial actIons have been taken
8.104.230 Analysis required to be performed by accredited
laboratories.
The analysIs of any matenal that IS requIred to demonstrate compliance wIth
thiS Chapter shall be performed by a laboratory accredited by the Department
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pursuant to Article 3 (commencing wIth SectIOn 100825) of Chapter 4 of Part 1 of
DIvIsion 101 of the Health and Safety Code
8.104.240 Violations.
(a) No operator of an underground storage tank shall do any of the following
(1) Operate an underground storage tank for which a permit has not been
Issued,
(2) Fall to abIde by the requirements of the permIt Issued for the operation
of the underground tank system,
(3) Fall to permit Inspection or perform any monItoring, testing, or reporting
as reqUired by the permIt, thIS Chapter and Health and Safety Code SectIons 25288
and 25289,
(4) Fall to maintaIn records as requIred by Section 8 104090,
(5) Fall to report an unauthorrzed release as requIred by Section 8 104 190,
(6) Fall to properly close an underground storage tank as required by
Section 8 104 120,
(7) Make any false statement, representatIon, or certification In any
application, record, report, or other document submitted or reqUired to be
maintained pursuant to thiS Chapter and Chapter 6 7 of the Health and Safety
Code, or
(8) Fall to comply With any other provIsIon of thiS Chapter or the regulatIons
Implemented
thereu nder
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(b) No owner of an underground storage tank shall do any of the following
(1) Fall to obtain a permIt as specIfied by this Chapter,
(2) Fall to repair or upgrade an underground tank system In accordance with
the provIsions of this Chapter,
(3) Abandon or Improperly close any underground tank system subject to the
provIsions of this Chapter,
(4) Fall to take reasonable and necessary steps to assure compliance with
this Chapter by the operator of an underground tank system,
(5) Fall to abide by the reqUirements of the permit Issued for the operation
of the underground tank system,
(6) Fall to permit inspectIon or perform any mOnitoring, testing, or reportIng
as required by the permit, this Chapter, and Health and Safety Code Sections
25288 and 25289,
(7) Make any false statement, representatIon, or certificatIon In any
application, record, report, or other document submitted or reqUired to be
maintaIned pursuant to this Chapter and Chapter 6 7 of the Health and Safety
Code, or
(8) Fall to comply with any other prOVISIon of thIs Chapter or the regulations
Implemented thereunder
(c) Any person who violates any provIsion of thiS Chapter shall be liable for
CIVIl penalties as proVIded for In Health and Safety Code Section 25299
(d) Each day that an operator or owner IS In violation of any provIsion ofthls
267
Chapter shall constItute a separate vIolation
8.104.250 Accident or spill prevention plan or response plan.
An owner or operator who IS reqUired to prepare an accident or spIll
prevention plan or response plan pursuant to thIs Chapter may, If the owner or
operator elects to do so, use the format adopted pursuant to Health and Safety
Code SectIon 25503 4
8.104.260 Variance.
Any permIt holder or permit applicant may apply for a variance from Section
8 104 150 or SectIon 8 104 160 The applIcatIon for a variance shall Include a
descrrptlon of the proposed alternative program, method, device, or process A
variance from this Chapter may be Issued If It IS found that the applicant has
demonstrated by clear and convincing eVIdence that the proposed alternative will
adequately protect the sOIl and the beneficial uses of water of the State from an
unauthorized release
8.104.270 Scope of Chapter.
(a) The degree of protection reqUired by thIs Chapter IS considered
reasonable for regulatory purposes The standards set forth herein are minimal
standards and nothIng In this Chapter should be construed or Imply that compliance
wIth this Chapter will ensure that there will be no unauthorrzed dIscharge of
hazardous substances This Chapter shall not create a duty to the owner or
operator of an underground storage tank or to any thIrd person to protect such
persons from any damage resultIng from an underground storage tank ThIse
268
Chapter shall not create any liability on the part of the CIty, Its City Council, boards
and commiSSions, officers, agents, servants, and employees for any damages that
result from relIance on thIS Chapter or any admInistrative deCISion made hereunder
Any owner or operator of an underground storage tank m the City of Santa MOnica
shall take approprrate action In addltron to that required by thiS Chapter and
applicable provIsions of State and Federal Jaw to ensure that no damage results
from the ownership or operation of an underground storage tank wlthm the City of
Santa Monica
(b) All of the duties Imposed upon the City, Its City CounCIl, boards and
commISSions, offIcers, agents, servants, and employees under thiS Chapter reqUIre
the exercise of dIscretion and Judgment
Section 27 Section 704810 of the Santa MOnica MUniCipal Code IS amended to
read as follows
7.04.0810 Drainage.
Where development on a lot generates addItIonal dramage runoff than that
previously eXlstmg, or where such development may affect the flow of water In
natural dramage courses, orwlthln streets or other public rrghts of way, orwhen due
to the application of these Improvement requirements, the CIty Engmeer may
require reasonable drainage Improvements WIthIn the lot or rrght of way to
accommodate the potential effect of such water flaw, which requirements shall
269
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conform with Section 8.84.020 (drainage regulations) of the Repair and
Maintenance Code. Improvement beyond the subject lot and/or other drainage
improvements with the improvements required herein.
SECTION 28. The adoption of the California Building Standards Code and the
Santa Monica amendments to the California Building Standards Code shall be effective on
July 1,1999.
SECTION 29. URGENCY CLAUSE. To ensure that the Santa Monica local
amendments become effective at the same time of implementation of the new California
Building Standards Code on July 1,1999, the City Council finds that this Ordinance is
necessary for preserving the public health and safety pursuant to City Charter Section 615
and the urgency for its adoption is set forth in the findings attached in separate resolution
SECTION 30. Any provision 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 effect the provisions of this Ordinance.
SECTION 31 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
270
portions of this Ordinance. The City Council hereby declares that itwould 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 32. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be
published once in the official newspaper within 15 days after its adoption. This Ordinance
shall be effective immediately.
APPROVED AS TO FORM:
~
MARSHAJO
City Attorney
271
Adopted and approved this 8th day of June, 1999.
Ken Genser,
State of California )
County of Los Angeles ss.
City of Santa Monica
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 1945 (CCS) had its introduction and adoption on June 8, 1999,
by the following vote:
Council members: McKeown, Feinstein, Bloom,
Holbrook, Rosenstein, Mayor Pro Tern Genser,
Mayor O'Connor
None
Abstain:
None
Absent:
None
::~: Stewart: ~i~ ~~