SR-8-C (46)
CA:RMM:lmcdOOlc/hpcal/pc
City Council Meeting 9-29-92
~-c..
SEP :( 9 \392
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance Adopting A Mandatory Seismic
Retrofitting Ordinance and the Santa
Monica Amendments Thereto
At its meeting on September 22, 1992, the City Council
introduced for first reading an ordinance adopting a Mandatory
Seismic Retrof i tting Ordinance and the Santa Monica amendments
thereto. The ordinance is now presented to the city council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting city Attorney
Linda A. Mills-Coyne, Deputy city Attorney
g-C
SEP 2 9 1992
~ ----
CA:RMM:lmcd001jhpcjpc
City Council Meeting 9-29-92
Santa Monica, Californla
ORDINANCE NUMBER 1650(CC8)
(Clty Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING A MANDATORY SEISMIC
RETROFITTING ORDINANCE AND THE SANTA MONICA
AMENDMENTS THERETO
WHEREAS, the Clty Councll has heard publlC testimony on and
has discussed and consldered certain serlOUS general community
safety problems caused by the number, size, locatlon, and present
use of some 125 pre-1934 unrelnforced masonry potentlally
hazardous bUlldings; and
WHEREAS, the city Councll has considered the probability of
potentially damaging seismlc activity affecting the communitYi
and
WHEREAS, the city Councll finds that the community's
exposure to the damaging effects of such local selsmic activ~ty
with potential demands on emergency services needs to be
slgnificantly reducedi and
WHEREAS, on April 14, 1981, the City council adopted, as
part of the Santa Monica Munlclpal Code ("Cadell), Ordinance
Number 1201
(CCS)
relatlng to Supplemental Seismic Safety
Rehabilitatlon Requirements; and
WHEREAS, on July 25, 1989, the city Council adopted
Ordinance Number 1489 (CCS) to requlre "Seismic Evaluatlon
- 1 -
Reports" for pre-1934 unrein forced nasonry structures and has
consldered a summary of the results of such reports; and
WHEREAS, the Clty Councll has consldered Appendlx Chapter 1
of the 1991 Edition of the Gnlform Code for BUllding Conservation
("UCBC") published by the Internatlona1 Conference of Building
Officials ("ICBO") and recommended by the state SelsmlC Safety
Commisslon as the technlcal speclficatlons ("Technical
Speclf ications") of the model ordlnance ("Model Ordinancell) to
local governments in SeisIDlc Hazard Zone 4 of California as an
effective earthquake hazard mltigation program for bUlldings with
unreinforced masonry bearing wall construction; and
WHEREAS, Santa Monlca is located ln SelSID1C Hazard Zone 4;
and
WHEREAS, the Clty Council flnds that compliance with the
Technical Specificatlons wlll reduce the risk of damage, death,
and injury, and reduce the demand on Cl ty emergency services
that may result from the effects of earthquakes on existlng
unrelnforced masonry buildlngs, but that compliance wlll not
necessarily prevent loss of life or lnJury, nor prevent
earthquake damage; and
WHEREAS, the City Councll has considered certain additions,
amendments, and modifications to the Model Ordinance for purposes
of administration and enforcement in the c~ ty of Santa Monica;
and
WHEREAS, the city Councll finds that the proposed Model
Ordinance with certain additions, amendments and modifications
will assist ln maintalning the communlty's total building
- 2 -
inventory wlthln the present capabilitles of the city's emergency
services; and
WHEREAS, the adoption of the proposed Model Ordinance wlth
certain additions, amendments and modlfications wlll establish a
mitigation program for potentially hazardous buildings as
required by Government Code Section 8875 (prevlously known as
Senate Bill 547) i and
WHEREAS, the city Council flnds that it 1S in the lnterest
of the health, safety, and welfare of the Cl tizens of Santa
Monlca to adopt a mandatory seisMic retrofitting ordlnance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Sect10n 8.04.220 15 added to the Santa Monica
Municipal Code to read as follows:
SECTION 8.04.220. seismic Retrofitting Code.
That certain document entitled "Append1x Chapter 1 of
the Uniform Code of Building Conservat1on, 1991
Editlon" published by the Internatlonal Conference of
Building Officials is hereby adopted as amended,
deleted, or modifled herein as the Selsmic
Retrofitting Code of the City of Santa Monica, and
shall be referred to, together with such amendments,
deletions, or modiflcations thereto as the "Seismic
RetrOfitting Code."
SECTION 2. section 8.04.140 of the Santa Monica Municipal
Code is amended to read as follows:
- 3 -
SECTION 8.04.140. section 206(c) of the
Uniform Administratlve Code, 1991 edit1on, relating
to supplemental SeisID1c Safety Rehabllitation
Requirements 1S amended to read as follows:
Dlvision 1.00. scope. The provislons of this
Section shall apply to all pre-1934 unrelnforced
masonry structures which currently have or may In the
future have recorded agalnst them on the record of
title in the County Recorder's Office a City "Notice
of Substandard and Potentlally Hazardous Buildlng.1I
Dlvision 2.00. Compliance Requirements. The
owner of each buildlng wlthin the scope of thlS
Section shall, wlthin the tune llIDlts set forth in
this Section, cause the buildlng to be structurally
altered to conform to the earthquake standards
specified in the Seismic Retrofltting Code.
Division 3.00. Occupant Load and BUilding
Type. The occupant load of each bUllding subJect to
the Seismic Retrofittlng Code shall be determlned by
the Building Official In accordance wlth Section 3302
of the Uniform Building Code. For purposes of
complying with the time limlts set forth In Oivlsion
4~QO, the rating classiflcation ("Type") of the
building shall be deflned as follows:
- 4 -
Essential
Build1.ng
Type
I
Occupant
Load
Rating
Classification
Any
High risk
II
100 or more
Medium risk III-A 100 or more
III-B More than 20,
but fewer than
100
Low risk IV Fewer than 20
An 11essential" bUl.lding shall be any bu~lding
that must be usable in the event of an emergency, and
shall include hospitals, police and fire stations and
disaster recovery centers.
A lIhlgh r1.sk" bU1.ldlng
shall be any bUllding wlth 100 or more occupants and
without masonry or woodfrarne crosswalls spaced less
than 40 feet apart In each story.
A "medium risk
subclass A" bUl.lding shall be any building with 100
or more occupants and with masonry or wood frame
crosswalls spaced less than 40 feet apart in each
story. A "medium risk subclass B" bUl.ldl.ng shall be
any building with more than 20 but fewer than 100
occupants.
A IIlow rl.sk" bUllding shall be any
building with fewer than 20 occupants.
Division 4.00.
Timetable for Compliance. The
time limits set forth below shall begln to run from
the date the seismic Retrofltting Code lS adopted.
- 5 -
The owner of a bUlldlng Wl thin the scope of thlS
Section shall comply with the requirements set forth
herein and in the SelsmlC Retrofittlng Code by fll1ng
for a permit, submitting plans to the Buildlng
Official,
commenclng constructlon and completing
construction wlthin the tlme limits specified below:
Required
Action
By Owner
Building
Type
File for
Permit and
Submlt
Plans to
Building
OfflClal
'h th In
Commence
Construction
Wlthin
Complete
construction
Hithln
A. Install Type I,
Wall II, III,
Anchors: IV 180 Days 270 Days
B. If Wall
Anchors
Installed,
Then Make
Structural
Alterations:
Type I 635 Days 2 Years
(1 yr
9 mas)
Type II 635 Days 2 Years
(1 yr
9 mo s )
Type III 2825 Days 8 Years
(7 yrs
9 mas)
Type IV 2825 Days 8 Years
(7 yrs
9 mos)
1 Year
4 Years
4 Years
10 Years
10 Years
- 6 -
Required
ActJ.on
By Owner
Building
Type
File for
Permit and
Submlt
Plans to
Buildlng
Offlcial
With1n
Commence
construction
WlthJ.n
Complete
Construction
With1n
C. If Wall
Anchors
Are Not
Installed,
Then Make
structural
AlteratJ.ons:
Type IV
270 Days
270 Days
1000 Days
(2 yrs
9 mos)
1365 Days
(3 yrs
9 mos)
1 Year
1 Year
3 Years
2 Years
2 Years
4 Years
Type I
Type II
Type III
4 Years
5 Years
Such plans shall be prepared by a state 11censed
archi tect or engineer.
After plans are filed and
approved by the Building Off1cial, the owner shall
obtain a Building Permit and then commence and
complete the required construct1on tH thin the time
limits set forth above.
That portlon of the plan
check and bU1lding permit fees that are allocable to
structural alteration of the build1ng that 15
necessary
for
compllance
w1th
the
SeismlC
Retrofitting Code shall be waJ.ved by the BUllding
Official.
An owner electing to install wall anchors
pursuant to the Seismic Retrof1tting Code is also
- 7 -
required to structurally alter the building to make
it fully comply with the SelsmlC Retrofitting Code
withIn the time lImits set forth hereln.
Di V1.S1.on 5.00. Histor1.cal Buildings.
Buildings designated as historl.cally or
architecturally significant landmarks on national,
state or local hIstorical registers shall comply with
the SeIsmic RetrofittIng Code. At the Building
Official's discretion, modlflcations to the
retrofittlng standards set forth In the SeIsmIC
Retrofitting Code may be made so long as such
modif ications are conSIstent HI th the proviSIons of
the State Historic BUllding Code.
DivisIon 6.00. Demolition. An OHner desIring
to demolish a bUIldIng must nevertheless comply wIth
the prov1.sions of thIS Code unless such owner
receives permissIon to demolish the bUIlding prIor to
the time limits set forth In Divislon 4.00 hereIn for
the filing of a perm1.t and the submitting of plans to
the Building Official. Such an owner shall submIt a
Demolition Permit Appllcation to the BUllding
OfficIal and shall meet all of the reqUIrements for
demoli tion imposed by thIS Code including but not
limited to those reqUIrements set forth l.n Section
9048.1 of thIS Code before such a demolition shall be
permitted. Nothlng In this Section or In the SeIsmic
RetrofittIng Code shall be deemed to relieve a
building owner of meetIng the requlrements for
- 8 -
demolition of a bUlldlng lmposed by any other
applicable law or regulatlon.
Di V1S1on 7.00. Appeal of Initial
Determination. The owner of any buildlng may appeal
the Building Official's initial determination that
the building is withln the scope of this Code to the
Building and Safety Commisslon as the Board of
Appeals established by Sectlon 204 of the Unlform
Admlnlstratlve Code, as amended and adopted at
Section 8101 of thlS Code. Such appeal shall be
filed with the Board wlthln slxty (60) days from the
date the Selsmic Retrofitting Code becomes effectlve.
Any such appeal shall be decided by the Board no
later than ninety (90) days after flllng and the
grounds thereof shall be stated clearly and
concisely. Appeals or requests for nodif1catlons
from any other determlnatlons, orders, or actions by
the Building Officlal pursuant to this Sectlon may be
made in accordance with the procedures established in
Sections 105 and 106 of the Unlform BUlldlng Code and
section 204 of the Unlform Admlnlstrative Code, as
adopted by the city.
Division 8.00. Enforcement. If the owner in
charge or control of the subject buildlng fails to
comply with this Code wlthin any of the time limits
set forth hereln, the Building Offlcial may order
that the entlre buildlng be vacated and that the
building remain vacated untll this Code has been
- 9 -
complied wlth. If compl1ance has not been 1nitlated
wlthin ninety (90) days after the date the bU1lding
has been ordered vacated or such add1t1onal t1me as
may have been granted by the Board of Appeals, the
Building Official may (i) commence the build1ng/s
demolition 1n accordance with the prov1sions of
Section 203 of the Uniform Buildlng Code and 1n
accordance with the Uniform Code for the Abatement of
Dangerous BU1ldings, as adopted by the City; or, (ii)
undertake and complete such structural alteration of
the bUllding as may be necessary 1n che sole Judgment
of the BU1lding Off iC1al to cause the bU1lding to
conform to the earthquake standards spec1fied 1n the
Seismic RetrOfitting Code, and to cause a lien for
the costs of such structural alteratlon to be placed
against the property. No demolitlon nay occur
pursuant to this Dl vision 8.00 ',-11 thout compllance
with all City laws and regulations governlng
demolitions.
Division
9.00.
Appeal
Based
on
Severe
Financial Hardship. The owner of any bUllding may
appeal on the basis of severe financial hardship from
compliance with th1S Code. Such appeal shall be
filed with the Clty'S Chlef Financial Offlcer no
later than one hundred twenty (120) days after the
effective date of th1S Code. Any such appeal shall
be decided by the Ch1ef Financial Officer no later
- 10 -
than ninety (90) days after f~ling and the grounds
thereof shall be stated clearly and concisely.
The burden shall be on the owner to demonstrate
conclusively that compliance \..rlth this Code shall
result ln severe financlal hardshlp. Documentary
evidence shall be submltted by the owner at the time
the appeal is flIed and shall clearly demonstrate
that compliance with this Code shall result in severe
f inanclal hardship. Such documentary eVldence may
include, but shall not be llmlted to, the owner's tax
returns, general ledgers, rental and lease
agreements, personal and corporate lncome and expense
records, and any such other f l.nancial documents or
information as the owner deslres to submlt for
consideration or as the Clty's Chief Financlal
Officer deems necessary or desirable ln evaluating
the owner's claim of hardship. The fallure of the
owner to provlde any flnanclal document or
information requested by the Chief Financial Officer
shall result in denial of the appeal.
Any person denied an appeal by the Chief
Financial Officer may appeal the denlal to a three
person Financlal Hardship Appeal Board established by
the Clty Manager. Any such appeal shall be made in
writing within ten (10) days of the denial and shall
be based on the evidence supplied to the Chlef
Financial Offlcer. The Appeal Board may approve or
deny any appeal and may relieve an owner from
- 11 -
.. .
compliance with the requ~rements of Sectlon 8.04.140,
Division 4.00 (A), (B), or (C) of thlS Chapter, as
the Appeal Board In Its sole discretion deems
financially feasible. The decision of the FInancial
Hardship Appeal Board shall be fInal except for
judiclal review and shall not be appealable to the
ci ty Council. The Appeal Board IS authorlzed to
establish procedures for the processing and
consideration of appeals.
In any case where a bUllding IS exempted from
compliance with the Code on the basis of financial
hardship, such exemptlon shall be null and vOld and
of no further force or effect at the time the
building J.5 sold or experJ.ences a maJor change of
occupancy as defined In the BUlldlng Code.
SECTION 3. Section 8.04.190 of the Santa MonIca MunIcipal
Code is amended to read as follows:
SECTION 8.04.190. Applicatlon.
(a) Any violation of the UnIform Codes
(contained in sections 8101 through 8108 and In
section 8112 of this Code) or local amendments
thereto (contained in section 8109.1 through 8109.8
of this Code) shall be a misdemeanor as provlded for
in section 1200 of th1S Code.
(b) The amendments to the Uniform Codes and
local amendments thereto shall not 1n any manner
affect the prosecution for vIolations thereof, which
- 12 -
violations were commItted prIor to the effect~ve date
of the ordinance adopt1ng the Sect10n and shall not
affect any prosecution or action WhICh may be pending
in any court for the violation of any of the
provisions thereof. As to any such v1olatIon or as
to any such prosecution or pending prosecut1on or
action, the Uniform Codes and local amendments
thereto in effect prior to the adoption of the
ordinance adopting this Sect10n shall be deemed to
continue and be in full force and effect.
(c) The prov1sIons of the amendments to the
Uniform Codes and local amendments thereto, Insofar
as they are substantIally the same as the provIsions
in effect pr10r to the adoption of the ordinance
adopting this SectIon shall be construed as
restatements and continuat~ons and not as new
enactments.
(d) The prOVIsIons of Sections 8109.1 through
8109.7 are adopted pursuant to Art~cle XI, SectIon 7
of the California Constltut~on 1n addition to the
authorlty contained In the Health and Safety Code and
are adopted to protect the public health, safety, and
welfare of the City.
(e) The preamble to the ordlnance adoptlng
this Section should be consul ted for further
findings, background, and legislatIve history.
- 13 -
\
~ .
SECTION 4.
Any provls1ons of the Santa Hon1ca Hunicipal
Code or appendices thereto 1nconslstent \-Jl th the provisions of
this Ordinance, to the extent of such inconslstenc1es and no
further, are hereby repealed or modified to that extent necessary
to affect the provlsions of this Ordlnance.
SECTION 5.
If any section, subsect1on, sentence, clause,
or phrase of this Ordinance 15 for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions af thlS Ordinance.
The city Counell hereby
declares that 1t would have passed thlS ordlnance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalld or unconstitutlonal Wl thout regard to whether
any portion of the Ordinance would be subsequently declared
invalid or uncanstltutional.
SECTION 6. The Mayor shall slgn and the City Clerk shall
attest to the passage of thls Ordlnance.
The C1.ty Clerk shall
cause the same to be published once ln the off lC1al newspaper
within 15 days after its adoption.
ThlS Ordlnance shall become
effective after 30 days from its adoptlon.
APPROVED AS TO FORM:
~~
(~O~EPH . LAWR"ENCE
~ing City Attorney
- 14 -
.. ..
Adopted and approved th~s 29th day of September, 1992.
I hereby certify that the foregoing Ordinance No. 1650(CCS)
was duly and regularly introduced at a meeting of the city
council on the 22nd day of September 1992: that the said
Ordinance was thereafter duly adopted at a meeting of the city
Council on the 29th day of september 1992 by the following
Council vote:
Ayes: Councilmembers: Abdo , Genser, Katz, Olsen,
Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Holbrook
ATTEST:
~/4;&.'
~ City Clerk