SR-0 (74)
Table 8.64-A
Building Time limits for Owner I
i
Type I
I File for Penmtl Commence ! Complete Construction I
Submit Plans Construction , I
i
I
I I ! 150 days from date of 1 year from date of
' 60 days from date of
engineering report submittal engIneering report submittal englneermg report submIttal
II , 180 days from date of 270 days from date of 3 years from date of
[ englneenng report submittal englneenng report submittal englneerrng report submittal
III [ 1 ~ years from date of 1 year 8 months from date of 3 years from date of
engineenng report submittal engineering report submittal engmeerlng report submIttal
I
IV [ 2 years 5 months from date of 2 years 8 months from date of 4 years from date of
englneerrng report submittal f englneerrng report submIttal engineering report submittal
,
8.64.070
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 bulldmg for eXiting purposes
(b) Contents of Order. When the BUilding Officer determmes that
a bulldrng IS wIthin the scope of thIS Chapter. the BUlldmg Officer shall Issue
an order as proVided herem
The order shall specify that the bUlldrng has been determmed 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 shall set forth the owner's
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alternatives and time limits for complrance
(c) Service of Order. The order shall be m wntmg 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
service In conformity with thIs SectIon BUildIng and Safety Commission
actIon, NUisance Abatement Board actIon, BUlldmg 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 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 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 determmes the bUilding IS not m compliance with
thiS Chapter
If the bUilding IS either demolished, found not to be wlthm the scope
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of this Chapter I 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 terminating the status of the subject bUilding as being claSSified
wlthm the scope of this Chapter
8.64.080 Analysis And Design.
(a) General. BUlldmgs shall have an anchorage system conformmg
to the BUlldmg Code, except as modified herem
(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 horrzontal 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 eXlstmg wall anchors shall be proVided to resist out-of-
plane forces. Independent of eXlstmg shear anchors Anchorage must be
proVided In 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
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use of approved as-bUllt plans or testmg, and through analysIs showing that
the bolts are capable of reslstmg the total shear load (Including dead load)
while bemg acted upon by the maximum tension force due to earthquakes
The BUilding Officer shall approve all cntena for analysIs and testing of
eXlstmg anchors
(3) Anchors used In combmatlon 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 Intended use
shall be prohlbrted
(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
spacmg 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 onglnal 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
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shear capacity of the return wall. or the tnbutary 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 column Integral with the reentrant wall, an Independent secondary column,
[S required to support the roof or floor members whenever rocking or shear
capacity of the reentrant wallis less than the tributary shear
(e) Anchorage at Pilasters.
Anchorage of pilasters shall be desIgned for the tributary wall
anchOring load perthe BUlldrng Code The pIlasters orthewalls Immediately
adjacent to the pIlasters shall be anchored directly to the roof framing such
that the eXlstrng 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.
EXisting mezzanines relYing on the tilt-up or reinforced masonry walls
for vertical or lateral support shall be anchored to the walls for the tributary
mezzanine load Walls depending on the mezzanrne for lateral support shall
be anchored per the BUilding Code
(g) Interior Partitions.
EXistIng mtenor masonry or concrete walls not deSigned as shear
walls that extend to the floor above or to the roof diaphragm shall also be
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anchored tor out-at-plane forces per the BUlldmg Code Wall extending
through the root dIaphragm shall be anchored for out-of-plane forces on both
sIdes to provide diaphragm continUIty
In the In-plane dIrection. the walls may be Isolated or shall be
devetoped Into the diaphragm for a lateral force equal to the lesser of the
rocking or shear capacIty of the wall, or the tnbutary shear but need not
exceed the diaphragm capacIty
8.64.090 Plan Requirements.
(a) General. In addition to the seismIC analysIs requIred elsewhere
rn thiS Chapter. the licensed engmeer or architect responsible for the seismic
analysIs of the bUilding shall record the Information requIred by thiS Section
on the plans
(b) Information Required. The plans shall accurately reflect the
results of the englneenng investigation and deSign and show all pertment
dImenSions and sizes for plan review and constructIon The follOWing shall
be provided
(1) Floor plans and roof plans shall show eXisting framrng
construction. diaphragm construction. proposed wall anchors. crosstles and
collectors EXlstrng nallrng. 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 venfied dunng construction and inspection
(2) At elevatIons where there are alterations or damage. details shall
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show roof and floor heIghts, dimensIons of opemngs, location and extent of
eXisting damage, and proposed repair
(3) TypIcal wall panel Sections with panel thIckness. height. locatIon
of anchors shall be provIded
(4) Details shall Include eXisting and new anchors and the method of
development of anchor forces Into the dIaphragm framing, eXIsting 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 868 IS hereby added to the Santa MonIca Municipal Code to
read as follows
Chapter 8.68 Voluntary Seismic Strengthenmg 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 reducmg the risk of earthquake-Induced damage to eXisting
wood-framed single family dwellmgs 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
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structure that IS most vulnerable to earthquake damage
Prior to 1960, many wood frame dwellings were bUilt with raised wood
floors supported by short wood stud walls known as Cripple walls These
cnpple walls are typically braced with weaker seismIC matenals such as
portland cement plaster or honzontal wood sldmg In addition, earlier
bUilding codes did not require wood frame bUildings to be bolted to their
foundations Recent earthquakes of moderate magmtude have shown that
If a bUilding has weak cnpple walls or IS unbolted, It may fall off Its
foundatIon Fallen bUIldmgs have collapsed, caught fire or needed extensive
repaIrs to restore their occupancy
8.68.020 Scope.
Owners of any light wood-frame smgle family dwellings, which contain
one or more of the followmg structural weaknesses, are encouraged to
seismically retrofit their bUildings pursuant to the provIsions of this Chapter
(a) Sill plates orfloorframmg that are supported directly on the ground
without an approved foundation system
(b) Perrmeter foundation system that IS constructed only of wood
posts supported on Isolated pad footings
(c) Perrmeter foundation system that IS not contmuous at locations
other than eXisting smgle-story extenor walls not exceedmg 10 feet (3084
mm) In length forming an extension of floor area beyond the line of an
eXlstmg contmuous penmeter foundation or at porches. storage rooms and
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simIlar spaces not containing fuel-bumlng appliances
(d) Perimeter foundatIon system that IS constructed of unremforced
masonry
(e) Sill plates that are not connected to the foundatIon or 5111 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 reqUJred by the BUilding
Code
(g) Crrpple walls that are not braced In accordance With the
reqUIrements of thIS Chapter and Table 8 68~A or cnpple walls not braced
With diagonal sheathing or wood structural panels In accordance With the
BUildIng 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 rn the BUIlding Code. certain additional terms are defined as
follows
AdhesIve Anchor IS a fastener placed In hardened concrete or
masonry that denves Its holding strength from a chemIcal adhesIve
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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 framing
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 suriace of the plate washer IS contacting the wood member and
slightly Indents the wood
Unreinforced Masonry Includes adobe, burned clay. concrete or
sand-lime brick, hollow clay or concrete block, hollow clay tile, rubble, cut
stone and unburned clay masonry walls
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8.68.040 General Strengthening Requirements.
(a) Scope. The structural weaknesses noted In Section 8 68 020
shall be strengthened In accordance with the reqUirements of this Chapter
Strengthenmg work may Include both new construction and alteration of
eXlstmg construction Except as provided herem, allstrengthenmg work and
matenals shall comply with the applicable prOVISions of the BUilding Code
Alternate methods of strengthenmg shall be allowed provIded such systems
are deSigned by an engrneer or architect and approved by the BUilding
Officer
(b) Use of Prescriptive ProviSions. The prescriptive provIsions of
thiS Chapter apply to JJght wood-frame Group R, DIVIsion 3 and Group R
DIVIsion 1 Occupancies with no more than four dwelling umts when they
contam one or more of the structural weaknesses as specified In SectIon
8 68 020
The prescnptlve prOVIsIons of thiS Chapter do not apply to the
bUlldmgs or elements thereof, listed below These bUlldmgs or elements
reqUire analysIs In accordance wIth all the requirements of the Building
Code
(1) BUildings with a latera I force resisting system uSIng poles or
columns embedded In the ground
(2) Cnpple walls that exceed four feet (1234 mm) In height
(3) BUlldrngs exceeding two stones In heIght and any two-story
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bUildIng with crrpple wall studs exceeding 14 Inches (360 mm) In height
(4) BUildings where the BUIlding Officer determines that condItIons
eXist that are beyond the scope of the prescrrptlve requirements of this
Chapter
The BUlldmg Officer shall prepare prescrrptlve construction details for
use In strengthenmg work These prescrrptlve details and the prescnptlve
proVIsions herem are not Intended to be the only acceptable strengthening
methods permitted Alternate details and methods may be used when
approved by the BUilding Officer
(c) Engineered Designs. When analYSIS by an engineer 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 strengthenmg work shall be Irmlted 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. Atl eXisting wood
matenals which will be a part of the strengthening work shall be In a sound
condition and free from defects wh Ich substantially red uce the capacity of the
member Any wood matenal found to contain fungus infection shall be
removed and replaced With new matenal Any wood matenal found to be
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mfested with Insects or to have been mfested shall be strengthened or
replaced wIth new matenals 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 pen meter foundations shall be restramed by
either an eXisting nominal tvvo-Inch (51 mm) wIde contInuous rim JOIst or by
nomrnal two-Inch (51 mm) wide full depth blocking between alternate JOIstS
In one- and two-story bUildings, and between each Joist In three-story
bUildIngs Blockmg for multistory bUIldings must occur at each JOist space
above a braced cnpple wall panel
EXlstmg connections at the top edge of an eXlstmg nm JOIst or blocking
need not be venfied The bottom edge connection to either the foundation
sill plate or top plate of a cnpple wall shall be venfied unless a supplemental
connectIon IS proVided The minimum eXlstmg bottom edge connection shall
consIst of 8d toe naIls spaced SIX Inches (152 mm) apart for a continuous rim
JOISt or three 8d toe nails per block When thIS minimum bottom edge
connection IS not present. or IS not verrfied a supplemental connection shall
be prOVided In accordance With Subsection (d)
When an eXisting continuous rrm JOiSt or the mInimum eXistIng
blockrng does not occur. new 11/8 Inch (29 mm) wood structural panel
blockIng mstalled 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
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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 nommal wIdth
(51 mm) lumber blockmg shall be allowed provided It does not split 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, except for reqUired
ventilation openings. shall be contmuous and m contmuous 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 verrfied,
however, the bottom edge connection to either the foundation sill plate orthe
top plate of a cnpple wall shall be verified unless a supplemental connectIon
IS prOVided The minimum bottom edge connection shall be ad toe nails
spaced SIX Inches (152 mm) apart If this minimum bottom edge connection
IS not present or IS not verrfled, 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 orrglnatlng In the structure above to the cnpple wall. 5111
plate or foundation below Frammg anchors of minimum 20 gauge steel and
12 approved fasteners may be conSidered to meet this requirement when
14::
spaced 24 Inches (813 mm) on center for one story buildings and 16 Inches
(610 mm) on center for two story bUlldmgs Supplemental connections for
three story bUildings shall be spaced as reqUired by analysIs In accordance
wIth all the requirements of the BUIlding Code
Exception: A supplemental connectIon IS not required when
(1) The structural wood panel sheathmg extends from the sill plate to
the rim JOiSt or blockrng 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 srngle top plate eXists In the cnpple wall, all end Jornts 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 followmg
(1) 3-mch by 6-mch (76 mm by 152 mm) by 0 036-mch-thlck (0 9 mm)
galvanized steel and nailed With SIX 8d nails at each end
(2) 1 % Inches (38 mm) by 12-mch (305 mm) by 0 058 Inches (1 47
mm) galvanized steel nailed WIth SIX 16d naris at each end
(3) 2-Inch by 4-mch by 12-tnch wood blOCKing naIled WIth SIX 16d naIls
at each end
8.68.060
Foundations.
(a) New Perimeter Foundations.
New penmeter foundations shall t-.~ !Jrovrded for structures With the
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structural weaknesses noted m Items 1 and 2 of Section 8 68 030 SOIl
mvestlgatlons or geotechnical studies are not reqUIred for thIS work unless
the bUildIng shows sIgns of excessive settlement or movement or IS located
m a special study zone as desIgnated by the City of Santa MOnlca or State
of CalifornIa
(b) Foundation evaluation by engineer or architect
Partial penmeter foundatIons or unremforced masonry foundatIons
shall be evaluated by an engmeer or archItect for the force levels of the
BUlldmg Code Test reports or other substantiating data to determme
eXIstIng foundation matenal strengths shall be submitted for review When
approved by the BUlldmg 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 BUlldmg Officer. testmg ofexlstmg
foundations to determme materral strengths shall not be reqUired when a
new non-perimeter foundation system IS Installed to resist all lateral forces
as reqUired In SectIon 8 60 040(a) of the MUnicipal Code
(c) Details for new perimeter foundations.
All new perrmeter foundations shall be continuous and constructed
according to the standards for new bUlldmgs
Exceptions:
(1) When approved by the Bulldmg Officer, the eXlstmg clearance
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between eXisting floor JOists or girders and eXistIng grade below the floor
need not comply with the BUlldmg Code This exception shall not be
permItted when bUildings are raIsed and relocated on new foundations
(2) When approved by the BUilding Officer, and when designed by an
engineer or architect, partial perrmeter foundations may be used In lieu of a
continuous perrmeter foundatIon when the new nonpenmeter foundatIon
system IS Installed to resist all lateral forces as reqUired In Section
8 68 040(a) of the Munrclpal Code
8.68.070 Foundation Sill Plate Anchorage.
(a) Existing Perimeter Foundations.
When the bUilding has an eXisting continuous perimeter foundation.
all perimeter wall Slll plates shall be connected to the foundation In
accordance with Table 8 68-A and this Section
Anchors shall be InstaUed 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 venficatlon 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 IndiVidual pieces of 5111 plate less than 32 Inches
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(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
mch (4 8 mm) to 3/4 Inch (19 mm) wlderthan 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 lag or wood screws shall pre-drill the
sill plate to prevent splrttmg as reqUired by the BUilding 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 crackmg of the foundation wall
(b) Placement of Anchors.
Anchors shall be placed Within 12 Inches (305 mm). but not less than
nine 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, plumbmg
or heatIng ducts Interfere WIth the placement of an anchor. the anchor shall
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be placed as close to the obstruction as possible, but not less than nme
Inches (229 mm) from the end of the plate Center-ta-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.
Stll plates for new penmeter 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
cripple walls. not exceeding four feet (1219 mm) In height, shall use the
prescriptive bracing method listed below Cripple walls more than four feet
(1219 mm) In height requIre analYSIS by an engineer or architect In
accordance With the BUilding Code.
(b) Sheathing Requirements.
VI/ood structural panel sheathing shall not be less than 15/32-mch (12
mm) thick When used, plywood panels shall be constructed of a mmlmum
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 Intermediate support Nalls shall be driven so that
their head or crown IS flush With the surface of the sheathmg and shall
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penetrate the supporting member a minimum of 1 % Inch (38 mm) When a
nall fractures the surface, 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 drrven flush with the sheathing surface
All hOrizontal jomts must occur over nominal twO-inch by four-Inch (51
mm by 102 mm) blockmg 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 adjoining pieces of wood structural panels shall be
centered on eXlstmg 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 I 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 distributIOn and amount of braCing
required BraCing for a bUilding with two or more floor levels above Cripple
wall studs exceeding 14 Inches (356 mm) In height shall be deSIgned In
accordance with the BUlldrng 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
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along a wall shall be nearly equal m 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 requrred IS not reduced
(2) ReqUired lengths of braced panels may Include undertloor
ventilation openmgs when the height of the solid portion of the panel meets
or exceeds 75 percent of the height -of the crrpple stud wall prOVided the
sheathing IS properly fastened to framing members or blockmg around the
opening
(3) For one and two-story bUlldrngs, crrpple walls less than 12 Inches
In height may be bracec by two-rnch nominal lumber nailed to the top plate
with 16d common naIls at 4 Inches on center and connected to the 511\ 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 Interror face of studs
15~
formIng an enclosed space between the new bracing and eXisting exterior
finish, 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 ofthe cripple wall
Such holes should be spaced a mlnrmum of one-Inch (25 mm) clear from the
sill or top plates In stud spaces contalnrng 5111 bolts, the hole shall be
located on the center Ime ofthe 5111 bolt but not closer than one-Inch (25 mm)
clear from the nailing edge of the sheathing
When eXistIng blockmg occurs Within the stud space. additIonal
ventilatIon holes shall be placed above and below the blocking orthe eXisting
block shall be removed and a new nommal two-Inch (51 mm) by four-Inch
(102 mm) block Installed With the nominal four-Inch (102 mm) dimenSion
agarnst 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 bUlldmgs With Cripple walls less than 12 Inches In height. ventilation
holes shall not exceed one-Inch In diameter
(e) Underfloor Ventilation.
EXlstmg underfloor ventJlatlon shall not be reduced Without prOViding
equivalent new ventIlation as close to the eXisting as pOSSIble When a new
contmuous penmeter foundation system IS bemg Installed, ventIlation shall
l:;~
be provided In accordance with the BUilding Code
8.68.090 Quality Assurance.
(a) Inspection.
All work shall be subJect to mspectlon by the BUlldmg Officer Includmg.
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 blockmg and framing anchors
(3) InstallatIon al1d nailing of new cnpple wall braCIng
(b) Special Inspection.
Unless reqUired by the BUlldmg Officer or the archItect or engineer of
record, special Inspection IS not reqUIred for sill plate anchors Installed In
eXisting foundations regulated by the provIsions of this Chapter
(c) Structural Observation
Structural observation IS not reqUired for work done under the
prescnptIVe provIsions of this Chapter When construction documents for
strengthening are prepared by an architect or engineer and alternate
materials or methods are used, structural observation shall be provIded In
accordance wIth the BUlldmg Code
]54
TABLE 8.6B-A
SILL PLATE ANCHORAGE AND CRIPPLE
WALL BRACING 1,2.3
Number of Stories Minimum Sill Plate Connection Amount of
above Cripple and Maximum Spacmq Wall Bracinq
Walls
Adhesive or expansion anchors Each end and
shall be YZ-Inch (12 7 mm) not less than
One Story minimum dIameter spaced at SIX 50% of the
i I feet (1829 mm) maximum center wall lenqth
to center
,
, Adhesive or expansion anchors Each end and
I shall be %-Inch (127 mm) not less than
I minimum diameter spaced at 70% of the
Two Story four feet (1219 mm) maximum wall lenqth
I center to center, or 5/8 Inch I
i ~ ! (15 9 mm) spaced at SIX feet ]
I
Ii I maximum center to center i
. 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 'i'2-lnch
(127 mm) diameter anchors and 2'i'2-mch (64 mm) by 2'i'2-lnch (64 mm) by
1/4-lnch (6 mm) for 5/8 Inch (159 mm) diameter anchors
2 EXisting 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 58-A. and
c a new plate washer conformmg to footnote 1 IS Installed. and
d the nut IS connected to a snug tight condition
: Anchor Side plates shall be permitted when conditions prevent
anchor installatIon vertically through the Sill plate
Section 18 Chapters 872 IS hereby added to the Santa Monica MUnicipal Code to
read as follows
]""
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 injury 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
Chapter 8.72
portIOns of these structures When fully followed, these mlnlmum standards
will substantially Improve the performance of these bUlldmgs 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 usmg the BUilding Code In effect
before December 12,1995 where
(a) The ground floor portion of the wood frame structure contains
pa rkmg 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 matenals as defined m thiS
Chapter and there eXists t\"IIO or more levels above
]56
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
8.72.030 Definitions.
Notwithstanding the applicable definltlons, symbols and notatIons In
the BUilding Code. the followmg definitions shall apply for the purposes of
thiS Chapter
Aspect Ratio IS the ratio of the height of a wall Section to Its WIdth
Buildmg Code IS the BUilding Code of the CIty of Santa MOnica
Cripple WalliS a wood-framed stud wall extendmg from the top of
the foundation wall to the underside of the lowest floor framing
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
Expansion Anchor IS an approved mechanrcal fastener placed In
hardened concrete. designed to expand In a self-drilled 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
15";"
Ground Floor IS any floor withm 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 uncterfloor space of a bUilding with
cnpple walls exceedmg four feet m height
Nonconforming Structural Materials are wall bracmg matenals for
seIsmiC loads whose allowable shearvaluewas reduced or whose maximum
allowable aspect ratiO was decreased slncethe onglnal bUlldmg construction
These methods or matenals Include, but are not hmlted to cement or gypsum
plaster, gypsum wallboard. dIagonal or let-m bracmg, straight or diagonal
wood sheathing, particle board and structural wood panels
Open Front Wall Line IS an exterror walllme wIthout vertical elements
of the lateral force resisting system which requires trrbutary seIsmiC forces
to be reSisted by diaphragm rotatIon or excessive cantilever beyond parallel
lines of shear walls Diaphragms that cantilever more than twenty-five
percent of the distance between lines of lateral force resisting elements shall
be conSidered excessive Exterror eXit balCOnies of SIX feet or less m Width
shall not be conSidered excessive cantilevers
Retrofit IS an Improvement of the lateral force resisting system by
alteratIon of eXisting structural elements or addition of new structural
elements
158
Soft Wall Line IS a wall line whose lateral stiffness IS less than
required by story dnft IImltatlons 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 reslstmg elements
sharrng the same story shear m 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 bUlldmg
Type III Building IS any wood frame bUIld 'n9 WIth at least 20 but
fewer than 100 occupants
Type IV Building IS any wood frame bUIlding With fewer than 20
occupants
Wall Lme IS any length of a wall along a principal aXIs of the 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 distribution of
ioads
Weak Wall Line IS a wall line laterally braced With nonconforming
159
structural matenals or a walllrne In a story where the story strength IS less
than 80 percent of the story above In the dlrectron under consIderation
Wood Frame Building IS any bUildIng whose basIc structural system
IS a beanng wall system and whose lateral-foree-resisting 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 bUlldmg within 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 cIvIl or structural engineer or architect
Ircensed by the State of Calrfornla, and If the bUlldmg 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 bUlldmg wlthm the scope ofthls 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 m conformIty WIth the requirements of this Chapter In
effect at the time of such analYSIS or structural alteration
(c) BuildIngs wlthm the scope of the Chapter may not be added to or
structurally altered or otherwise remodeled Without first complymg WIth the
proVISions of this Chapter unless the BUlldmg OffIcer determines that the
alteratIons are minor In nature
160
(d) NotwithstandIng any other provIsions of this Code to the contrary.
It shall be unlawful for any person. firm or corporation to maintain, use or
occupy any building wlthrn the scope ofthls Chapter which does not meet the
minimum earthquake standards specIfied In this Chapter
This provIsion shall not apply If alteration or repaIr work has
commenced to bnng the bUilding IOta compliance with reqUirements of this
Chapter. and such work IS proceedIng In accordance with the tlme limits set
forth In any order of the BUIlding Officer or determination of the NUisance
Abatement Board
8.72.050
Demolition.
An owner deSiring to demolish a bUIlding must nevertheless comply
with the strengthening provIsIons of this Code within the trme allowed unless
such owner receives permIssIon to demolish the bUildIng prior to the tIme
limIts set forth In thIS Chapter for the flhng of a permit and the submitting of
plans to the Bwldlng 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 904 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 bUlldmg Imposed by
any other applicable Jawor regulation
]61
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 engmeerlng report to the BUildIng and Safety
DIVIsIon The report shall demonstrate whether the structure conforms to the
Earthquake Design provIsions contained m 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 Chapterwlthm the
time periods shown In Table 8 72-A below
Table 8.72-A
I BUlldmg Time Limits for Owner
Type
I : File for Permit! Commence Complete
; I Submit Plans Construction Construction
I
I ' 60 days from date of 150 days from date of 1 year from date of
! . englr-eenng reoort submittal er>grneermg reoort submittal engrneenng report submittal !
i I
II 180 days from date o' 270 aavs from date of 3 years from date of I
I I
i
I englneerrng report submittal · e'1glneerrng report submittal englneenng report submlttai
III ; 1 'f.z. years from date of \ 1 year 8 months from date of I 3 years fram date of
;
I i englneerrng report submittal I
, englneenng report submittal englneenng report submittal
r
;
12 years 5 months from date of ,
IV i
; 2 years 8 months from date of 14 years ~om date of
I englneenng report submittal
! · englneenng report suomlttar . englneenng report submittal
162
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
determrned 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 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 herem
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 strengthenrng provIsions of thiS Chapter The
order shall specify the BUilding Type claSSification and shall set forth the
owner's alternatives and time I1mlts for compliance
(c) Service of Order. The order shall be In writing and may be given
erther by personal delivery thereof to the owner or by deposit In the Unrted
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 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 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 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
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 bUtldlng WithIn the scope of thIs Chapter shall be
analyzed. deSIgned and constructed In conformance With the BUilding Code
except as modified herem No alteration of the eXisting lateral force-resIstIng
]64
or vertical load-carrying system shall reduce the strength or stiffness of the
eXIsting structure
When any portion of a bUilding wIthin the scope of this Chapter IS
constructed on or Into a slope steeper than 1 Unit vertIcal In 3 Units
horrzontal, the lateral-force-resistmg system at and below the base level
dIaphragm shall also comply with the provIsions of Chapter 8 20 of thIs
Code
When the portion of the bUilding that reqUIres strengthening IS hmlted
to the underfloor area of the first floor and that area IS used only as an
unrnhablted crawl space, 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 herein 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
5011 Interface or reinforced concrete slab or masonry wall supportmg
elements below The lateral load path analysIs for added structural elements
shall also Include evaluation of the allowable SOIl bearing and lateral
pressures In accordance With the Buddmg Code
When an open front. weak or soft wall hne 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 walllmes 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 shearthatthe BUilding Code reqUIres for
new bUlldmgs
(d) Vertical Distribution of Forces. The total seismiC force shall be
dlstnbuted 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 height 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 uniess the weak level can resist a total lateral seismiC force of
three trmes the deSign force prescnbed In Section B 72 OBO(c)
The stor\ ~trength 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 dnft for each
retrofitted level shall not exceed the allowable deformation compatible With
all vertical load reslstrng elements and the story dnft limitations of the
166
BUilding Code The calculated story dnft shall not be reduced by the effects
of hOrizontal 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 dnft when latera[ loads are resisted by vertical elements
whose req urred depth of embedment IS determined by pole formulas such as
Formu la (6-1) and (6-2) In Section 1806 8 2 of the U mform BUilding Code
The coeffiCient of vanatlon of subgrade reaction used In the deflection
calculatIons shall be provided from an appro\led geotechmcal englneenng
report or other approved methods
(g) P l::.. 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 carrying 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 In the
scope of SectIon 8 72 OBO{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 acting parallel to the member shall be provided
for each beam, girder or trusS Included m the lateral load path ThiS force
shall not be less than one-tenth of the combined trrbutary 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 hOrJzontal 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 unsymmetrrc wall stIffness
Increases 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
]68
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 hOrizontal 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 resultmg shear wall shall be analyzed as
a mosaic of shear reslstrng elements Blocking and steel strapping shall be
employed at the corners of the opening to transfer forces from dlscontmuous
boundary elements Into adjoining panel elements
The effect of openrngs on the stiffness of the shear wall shall be
demonstrated to comply With the story drift 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
]69
of this SectIon because of eXIsting openmgs, the opemngs shall be relocated
or reduced In Width to meet the strength and stiffness requirements of the
lateral loads
Relocated and altered openmgs 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 frammg members
When the allowable shear values are based on douglas fir-larch frammg
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 0_65 for species With specIfic gravIties less than 042 Redwood
shall use 0 65 and hem fir shall use 0 82 unless otherwise approved
(0) Mechanical Penetrations. Mechanical penetrations In shear walls
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-mch nominal WIdth framing members shall be permitted In lieu
of any requIred three-Inch nommal Width framing member when the eXisting
and new frammg member are of equal dImenSions, are connected as
170
required to transfer the m-plane shear between them and the sheathmg for
the shear wallIs equally fastened between them
(q) Hold Down Connectors. Expansion anchors that provide tension
strength by fnctlon 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 In the hold down connector shall be prOVided In the concrete or
masonry below any plam 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-loading shall consist of tightening the nut on the
tension anchor after the placement but before the tightenIng of the shear
bolts In 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 adjoining elements and shall be verified by approved testing
I?]
8.72.90
Materials of Construction.
(a) New Materials. All matenals approved by the BUilding Code,
including their appropnate 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 geotechmcal engineering report or other
approved methods when used In the deflection calculations of embedded
vertical elements as required In Section 872 DaD(f)
(c) EXisting Materials. All eXisting matenals shall be In sound
condition and constructed In conformance to the BUilding Code before they
can be used to resist the lateral loads prescribed In this Chapter The
venflcatlon 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 72 080{j) 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.
rn
(1) Allowable Nail Slip Values. When the required drift calculations
of Section 8 72 080(f) rely on the lower slip values for common nails or
surfaced dry lumber, their use m construction shall be verified by exposure
The use of box nails and unseasoned lumber may be assumed without
exposure The venficatlon of surfaced dry lumber shall be by Identification
conformmg to the BUilding Code
(2) Reduction for Clipped Nail Heads. When exposed nails do not
meet the nommal 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 sheathmg
nailed wIth clipped nail heads shall be equal to sheathing fastened with
casmg heads m the BUilding Code
(3) Plywood Panel Construction. When venficatlon of the eXisting
plywood matenals 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 venficatlon of the
eXisting wood matenal IS by use of record drawings. the allowable shear
capacity shall be multiplied by the reduction factor of 0 82 for bUlldmgs bUilt
on or after 1960 BUlldmgs bUilt before thiS penod shall use the reductIon
factor 065 When venficatlon of the eXisting wood matenal IS by
Identification In conformance to the BUlldmg Code. the allowable shear
capacIty In the BUIldIng Code may be used
[..,~
(f) Lumber. When the eXIsting dImensioned lumber IS not Identified
In conformance to the BUlldmg Code. the allowable stresses for lumber shall
be permitted for the structural elements specified below.
Posts and Beams Douglas Fir-larch No 1
JOIsts and Rafters Douglas Fir-larch No 2
Studs, Blocking Hem Fir Stud
(g) 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 veT/fied by testing
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 verified by testrng,
record drawings 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
872.100 Required Information on Plans.
(a) General. The plans shall show all necessary dimenSions and
materrals for plan review and construction and shall accurately reflect the
]74
results of the engineering Investlgatlon and desIgn
(b) Existing Construction. The plans shall show the eXlstmg
dIaphragm and shear wall sheathmg and frammg 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
materials that needs venficatlon dUring constructIon
(c) New Construction.
(1) Foundation Plan Elements. The foundation plan shallrnclude
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 aU
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) Frammg Plan Elements. The framing plan shall Include the
wIdth. location and matenal of shear walls, the Width, location and material
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 sched ule on the pia ns 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 sheathing materral and ItS
175
thickness The schedule shall also show the reqUIred locatIon of three-mch
nommal or double two-mch nommal edge members, the spacsng 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 In the design The hmtts of mechanical penetrations shall also be
detailed shOWing the maximum notchmg and drilled hole sizes
(4) Quality Control and Assurance Requirements. General notes
shall show the requirements for matenal testing, 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 dunng 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 fisk 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 bUlldmg codes In effect pnor to December 12,1995. or bUilt
wIth bUlldmg permIts Issued pnor to December 12, 1996 and saId bUildings
are welded steel moment frame structures as defined herem
BUlldmgs deSignated as hlstorrcally or architecturally slgnlficant
landmarks on national. state or local hlstorrcal registers shall also comply
with the provIsIons of thIs Chapter At the BUlldmg 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 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
I~~
, .
8.76.030
Definitions.
For purposes ofthls Chapter, the applicable defimtlons In the BUilding
Code and the following shall apply
Building Code IS the BUilding Code of the City of Santa Monrca
Commenced Construction IS construction pursuant to a valid
bUlldmg permit 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 mspectlon has been called has been Judged by the BUlldmg 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, or the date of actual submittal
to the CIty. whichever IS earlier
Type I Buildmg IS any welded steel moment frame structure that must
be usable In the event of an emergency. and shall Include hospitals, pollee
and fIre stations and disaster recovery centers
Type II Building IS any welded steel moment frame structure With 100
or more occupants
Type III Buildmg 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 bUlldmg whose
178
pnmary lateral-force-reslstmg system IS either a speclal-moment-reslstlng
frame or ordinary reslstmg 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 bUlldrng Within the scope of the Chapter shall
cause an InvestigatIon of the eXlstrng construction and a structural analYSIS
to be made of the bUlldrng by a structural engineer licensed by the State of
California, and If the bUlldmg 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 wlthm 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
malntam such buildmg In conformity With the requirements of thrs Chapter rn
effect at the time of such analYSIS or structural alteration
(c) BUlldmgs 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 BUlldrng Officer determrnes that the
alieratlons are mmor In nature
(d) NotwithstandIng any other provIsions of this Code to the contrary,
It shaH be unlawful for any person. firm or corporatIon to maintaIn, use or
occupy any bUlldmg Within the scope of thIs Chapterwhlch does not meet the
179
mInimum earthquake standards specified In this Chapter within any of the
time penods 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
8.76.050
Demolition.
An owner deSiring to demolIsh a bUilding must nevertheless comply
With the strengthenmg provIsions of this Code Within the time allowed unless
such owner receives permissIon to demolish the building pnor to the time
11m ItS set forth In Section 8 76 060 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
BUilding Officer and shall meet all of the requirements fordemohtlon 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 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
B.76.060.
Time Period for Compliance.
(a) Engineering Report. Wlthrn 275 days of the date of notice to the
180
mlmmum earthquake standards specified In this Chapter within any of the
tIme penods established
This provIsion shall not apply If alteration or repair work has
commenced to bnng the bUilding IOta 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
B.76.050
Demolition.
An owner deSIring to demolish a bUlldmg 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
limits set forth In Section 876 060 forthe filing of a permit and the submlttmg
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 fordemohtlon Imposed
by thiS Code, mcludmg 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 bUlldmg
owner of meeting the reqUirements for demolition of a bUilding Imposed by
any other applicable law or regulation
8.76.060.
Time Period for Comphance.
(a) Engineering Report. Within 275 days of the date of notIce to the
180
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 CalifornIa 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 buddIng and connectIons
contained In the Intenm GUldeltnes 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 eDDIeS
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 gUldehnes ofthe SAC JOint Venture,
or If other slgnrficant damage IS found In the Inspectron, the bUlldmg shall be
repaIred to fully conform WIth the referenced standards Within the time
penods shown In Table 8 76-A below
]81
Table 8.76-A
BUilding Type Time Limits for Owner I
File for Permit! Commence Complete Construction
Submit Plans Construction
I I 60 days from date of 150 days from date of 1 year from date of
I I engineering report submIttal englneenng report submittal engineering report submittal
II 180 days from date of 270 days from date of 3 years from date of
engmeerlng report submittal engineering report submittal engineering report submittal
III i 1 Yz years from date of 11 year 8 months from date of 3 years from date of
I 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
englneerrng report submittal engineering report submittal engineering report submittal
B.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 bUIlding or uses the subject bUilding for eXIting purposes
(b) Contents of Order. When the BUilding Officer determmes 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 determmed by the
BUlldmg Officer to be Within the scope of thIS Chapter and, therefore. IS
req ulred to meet the seismiC strengthening prOVISions of thiS Chapter The
order shall specify the BUlldmg Type claSSificatIon and shall set forth the
18:
owner's alternatives and time limits for compliance
(c) Service of Order. The order shall be In writIng and may be gIven
either by personal delivery thereof to the owner or by deposrt In the Untted
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
fall U re of any owner to receive such notice shall not affect In any manner the
valIdity of any of the proceedmgs taken thereunder Proof of glvmg 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 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
this Chapter
If the bUlldmg IS demolIshed. found not to be wlthm the scope of this
183
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
wlthm the scope of thIs Chapter
SectIon 20 Chapter 8 80 IS hereby added to the Santa MOnica MUnicIpal
Code to read as follows
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 reducmg the risk of death or Injury that may result from the effects of
earthquakes on concrete buildIngs and concrete frame bUIldings With
Chapter 8.80
masonry mfills
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 mfills,
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 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 strengthenmg m 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 BUlldmg Officer
8.80.030
Definitions.
For purposes ofthls Chapter. the applicable defimtlons in the BUilding
Code and the followmg shall apply
Building Code IS the BUilding Code of the City of Santa MOnica
Commenced Construction IS construction pursuant to a valId
butldmg 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 Burldlng Officer
Date ofEngmeermg Report Submittal IS eltherthatdate upon which
the report was due to be submitted to the City, or the date of actual submittal
to the City. whichever IS earlier
Masonry Infin IS masonry. both unrelnforced and reinforced,
constructed wlthm rernforced concrete frame members
185
Type I Building IS any non-ductile concrete bUilding that must be
usable In the event of an emergency I and shall Include hospitals. pOlice and
fire stations and disaster recovery centers
Type II Building IS any non-d uctlle 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 bUlldmg wIth fewer than
20 occupants
8.80.040
General Requirements.
(a) The owner of each buddmg wlthm the scope of thiS 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
hcensed by the State of Callforma 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 ownerof each bUilding within the scope of this Chapter. which
has been analyzed to demonstrate compliance or structurally altered to
comply wIth the mmlmum earthquake standards In 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 wlthm 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) Notwlthstandmg any other provIsions of this 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 Chapter whIch does not meet the
minImum earthquake standards specified In thIs Chapter within any of the
time penods 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 BUildIng Officer or determinatIon of the NUisance
Abatement Board
8.80.050
Demolition
An owner deSIring to demolish a bUIlding must nevertheless comply
with the strengthening provIsIons of this Code wlthm the time allowed unless
the owner receives permisSIon to demolish the bUIld In9 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 requirements for demolition Imposed by thiS
Code. includIng but not lImIted to, those reqUIrements set forth In Section
18'
9.04 10.16.010 of this Code, before a demolition shall be permitted Nothmg
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) Engmeering 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 exceptfor structures where resistance
to all lateral loads IS proVided only by either new or eXlstmg 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 Uniform Code
for BUilding Conservation. 2000 Edition or the Bulldmg 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
188
Table a.80MA
Building Time Limits for Owner
Type
File 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 engineering report
submittal submIttal submIttal
II 180 days from date of 270 days from date of 3 years from date of
englneenng report englneenng report englneenng report
I submittal submittal submittal
I
! 3 years from date of
III 1 % years from date of 1 year 8 months from
engineering report date of engineering engineering report
submIttal report submIttal submltta!
IV 2 years 5 months from 12 years 8 months from 4 years from date of
date of englneenng date of englneenng engineering report
report submittal i report submittal I submittal
8.BO.070
Administration.
(a) Buildmg Classification. The BUilding Officer shall determme the
occupant load and classificatIon of bUlldmg type The occupant load shall be
determined In accordance WIth the BUilding Code and shallmclude the entIre
burldmg 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 bUlldmg IS wlthm the scope of thiS Chapter. the BUlldmg Officer shall Issue
an order as provided herein
The order shall specify that the bUlldmg has been determmed by the
BUlldmg Officer to be wlthm the scope of thiS Chapter and, therefore, IS
189
reqUIred to meet the seismIC strengthemng 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 In writing and may be given
eIther by personal delivery thereof to the owner or by deposit In the Untted
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 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 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 Within 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 BUlldmg Officer determInes the bUlldmg IS not m compliance WIth
190
this Chapter
If the bUlldmg IS either demolished, found not to be within the scope
of this Chapter I 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
8.80.080 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 bUildings. other than essential or
hazardous faCIlities. shall be strengthened to meet the requirements of
AppendiX Chapter 8 of the Uniform Code of BUIlding Conservation, 2000
Edition publIshed by the International Conference of BUilding Officers,
adopted herem by reference. or the Building Code The earthquake loading
used for determmatlon of demand on elements and the structure, shall
correspond to that required by the BUlldmg Code for new bUildings
SectIon 21 Chapter 8 84 IS hereby added to the Santa MOnica MUniCipal Code to
read as follows
]91
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 In order to 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 bUlldmg and structure shall be kept waterproof, and
all storm or casual water therefrom shall be properly drained and conveyed
to a street, sewer. storm dram. street gutter or other approved IDeation 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 maintained In good workmg order
8.84.030
Illegal BUlldmgs, Construction and Use.
Every eXlstmg 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 eXlstmg In a bUilding Without authOrization of a bUilding permit
shall be dIscontinued and removed or shall be made to conform to the
192
provIsions of the Technical Codes
8.84.040 Alterations, Repairs or Rehabilitation.
Notwlthstandmg any requirements m the Technical Codes, California
BUlldmg Standards Code, or State Housmg Law to the contrary, the followmg
shall apply
AlteratIons, repairs or rehabilitation to an eXisting bUildIng may be of
the same type of constructIon as the eXlstmg 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 bUlldmgs are contmued or
created These prOVISIons shall be retroactive when specifically reqUired by
thIS Code
AlteratIons, repaIrs or rehabllrtatlon In excess of 10 percent of the
replacement cost of the bUlldmg or structure may be made provided all of the
work conforms to thiS Code for a new bUlldmg of Irke area, height and
occupancy In the same locatIon and that no hazardous conditions or
substandard residential bUlldmgs are continued or created In the remamder
of the bUlldmg as a result of such work
Whenever an eXlstmg bUilding or structure has been damaged. or IS
m need of repairs, or the owner deSires to make repairs, alterations or
rehabllltatton In an amount exceedIng 50 percent of the replacement cost of
the bUlldmg or structure, the entire bUlldmg or structure shall be made too
193
this Chapter
If the bUilding IS either demoltshed, found not to be within the scope
of thIs Chapter, or IS structurally capable of resisting mlntmum seismiC forces
required by thiS Chapter as a result of structural alterations or an analysIs,
the Buildmg Officer shall file with the Office of the County Recorder a
certIficate termmatlng the status of the subject bUilding as bemg 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 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
AppendiX Chapter 8 of the Uniform Code of BUilding Conservation, 2000
Edition published by the International Conference of Building Officers,
adopted herem by reference. or the BUlldmg Code The earthquake loading
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 884 IS hereby added to the Santa MOnica MunicIpal Code to
read as follows
]91
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 In order to 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 bUlldmg and structure shall be kept waterproof, and
all storm or casual water therefrom shall be properly drained 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 drains,
gutters. basms. pumps and other deVices reqUIred to properly dram a
property shall be maintained 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
]92
provIsions of the Technical Codes
8.84.040 Alterations, Repairs or Rehabilitation.
Notwlthstandmg any reqUirements In the Techmcal Codes, California
BUIlding Standards Code, or State Housmg 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 rehablhtatlon In excess of 10 percent of the
replacement cost ofthe bUlldmg or structure may be made proVIded all of the
work conforms to thIS Code for a new bUIldIng of like area, heIght and
occupancy In the same location and that no hazardous conditions or
substandard reSidential bUildings are contmued or created In the remainder
of the bUilding as a result of such work
Whenever an eXlstmg bUilding or structure has been damaged, or IS
In need of repairs, or the owner deSires to make repairs, alteratIons or
rehabilitation m an amount exceeding 50 percent of the replacement cost of
the building or structure. the entire bUlldmg or structure shall be made to
]93
conform to all of the requirements of the Techmca1 Codes or shall be
demolished
For purposes of this Section. the BUilding Officer shall determine the
replacement cost of the bUilding 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 eXlstmg
bUilding If the added portion fully conforms to the Technical Codes, BUilding
Standards Code, and State Housmg Law, and If the entire bUlldmg, including
the addition, IS Within the allowable area limit for a bUilding of like type and
occupancy
8.84.060 Pool Water Clanty
The re-clrculatlon and punficatlon 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 clarrty of
the water In such pool, pond or body of water
A pamted 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 0001 from all distances up to 10
yards from such diSk, or the water shall be determmed to not be of
reasonable c1anty
Section 22 Chapter 8 88 IS hereby added to the Santa Monica Mumclpal
Code to read as follows
Chapter 8.88 Dangerous Building Code.
8.88.010 Adoption.
That certain document entitled "Umform 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 BUild Ing Code, 1998 EditIon I 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
BUlldmgs 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 hearing of appeals of orders. decIsIons or determmatlons made by the
Bulldrng Officer relative to the application or Interpretation of thIS Code
The Board shall adopt rules of procedure for conducting Its business
]95
and shall render all deCISions and findings 10 wrrtlng to the appellant. with a
duplicate copy to the BUilding Officer Appeals to the Board shall be
processed In accordance wIth the provIsions contamed In Section 501 ofthe
Dangerous BUildings Code Caples 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
administrative 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.
Sectlon 604-Conduct of Hearing 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 MOnica MUniCipal
Code to read as follows
Chapter 8.92 Housing Code.
8.92.010 Adoption
Articles 1.2.3.4. and 5 of California 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 of that certain document
entitled "Umform Housing Code, 1997 EditIon," as published by the
International Conference of BUildIng Officials, and amended by the State of
California 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 8 96
of the MUnicipal Code, shall also serve as the HousIng Board of Appeals for
the abatement of substandard bUlldmgs when the BUlldmg 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
regulations governmg the appeal of orders, decIsions and determmatlons of
the BUlldmg Officer
8.92.030 Substandard Buildings.
Substandard bUildings shall be defined pursuantto Health and Safety
Code Section 17920 3 or Its successor provIsions
8.92.040 Equivalent Abatement Procedures.
The procedures for abatement of substandard bUlldmgs contained m
Chapters 8 88.8 92 and 8 96 of this Code are hereby deemed eqUivalent for
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the purpose Intended under Article 6, ActIons and Proceedings of the
California Code of RegulatIons, Trtle 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 withIn
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
cognlzable at common law or In equIty, and nothing herein shall be read,
Interpreted or construed In any manner to limit any eXlstmg right or power of
the City to abate any and all public nUIsances
(c) The procedures for abatement of substandard bUildings contaIned
rn 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 wherein any of the condItions hereinafter 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 of the 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 ::::::mnectlOn wIth abatmg a public nUisance including. ::::ut not
limited to
(1) any cost Incurred In removIng or remedymg a public nUisance. and
(2) a service fee for services rendered by the City In connection with
Inspection. notrficatlon. prosecution and abatement procedures authorized
by thIs Chapter. which fee will be calculated based on all servIces rendered
]99
by the City from InItial inspection of the property for the purpose of
documentmg a violation of thIs Chapter until the vlolatlon 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, organrzatlon. corporation, partnership, business trust,
company or any other entity whIch IS recognized by law as having nghts and
duties
(d) The term "Heanng Examiner" shall mean any person appomted 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 bUlldmg or structure which meets the defimtlon of a dangerous
bUlldmg as provided In Section 302 of the Uniform Code for the Abatement
of Dangerous BUildings, or any successor provIsion, adopted pursuant to
Santa MOnica MUnicipal Code SectIon 8 88 010
(3) Any bUlldmg 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
relatmg to the City's planning and zonmg laws and regulations
(5) Any Imminent life safety hazard which creates a present and
Immediate danger to life, property. health or public safety
(b) The followmg 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 bUlldmg or place which has been operated or maintained rn
a manner that has resulted In repeated disruptive activIties Includmg, but not
lImited to. dIsturbances of the peace, public drunkenness, dnnklng m publiC,
harassment of passerby, sale of stolen goods, publiC Urination, theft,
20l
assaults, battenes, acts ofvandahsm, excessive IIttenng, Illegal parkmg, loud
nOises (particularly In late night or early morning hours), traffic violations,
curfew violations, or polrce detentions and arrests
(3) Any condition which renders aIr, food or dnnk unwholesome,
unsanitary or detnmental to health
(4) Any conditIon whIch poses a fire hazard
(5) Any condition In violation of Chapter 4 04 of this Code (Animals)
(6) The keepmg, storage. deposIting or accumulation on the premises
for an unreasonable penod of time of any personal property mcludmg, but
not lImited to, abandoned. wrecked, dismantled or Inoperative vehicles,
abandoned, wrecked. dIsmantled, or unseaworthy boats or vessels,
automotive parts and equipment. appliances, furniture, contamers, packing
matenals. scrap metal, wood. bUilding matenals. 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. buildmg materials bemg 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 of tIme as IS necessary expeditiously to complete the project
(7) Every bUlldmg or place used for the purpose of unlawfully selling,
serving, storrng. keeping, manufactunng or giving away any controlled
substance (as defmed rn DIVISion 10 of the California Health and Safety
202
Code) and every bUilding or place wherein or upon which those acts take
place
(8) Every bUIlding or place used for the purpose of unlawfully selling,
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 electromc messages whIch IS used as an instrumentality for or
contributes substantIally by Its presence to any of the following
(A) Illegally selling or giving away controlled substances (as defined
In DIVISIon 10 of the California Health and Safety Code),
(8) soliCiting, agreeing to engage In, or engaging In any act of
prostitutIon or other crrmmal activity.
(C) consumption of alcoholic beverages on nearby outdoor publrc or
private 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 prrvate dnveways, 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 constltutmg 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 Communtty Development Department and
such other divIsions and departments of the City of Santa MOnica with
responslbllrty for the abatement of public nUisances The Board shall consist
of the Director of Environmental and Public Works Management, the Director
of Plannrng 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 Cfty departments and dIVISions The NUisance
Abatement Board shall hold regular meetings at which the BUlldmg Officer
and representatives of the Pollee 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 8 96 050 may be abated by
the CIty In 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
determlnmg the eXistence of a public nUisance, the Chief of the Fire
Department, the BUlldmg Officer or a person desIgnated by the NUisance
Abatement Board may Issue an order to abate a pubhc nUIsance for the
premises upon which the nUisance IS discovered The notIce shall contain
(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 descnptlon 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 descrlbmg the actlon(s) necessary to abate the public
nUisance
205
(d) A statement that the owner or owner's agent/designee IS required
to obtam all permits necessary to abate the public nUisance and to take all
actions 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 agenUdeslgnee, must
appear at a heanng 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
appearrng at the hearing. will be given the opportunrty 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 Interested member of the public will be given
the opportunity to present testimony or other eVidence regarding the alleged
publiC nUisance at the hearmg 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 written proof of abatement
to the BUIlding and Safety DIVISion prior to the heanng The City Will Inspect
the premises, and If the nUIsance has been abated. the abatement
206
proceeding 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 authority to undertake repairs, demolition or any
other actJon required to abate the publiC nUisance as determined by the
NUisance Abatement Board
(J) A statement that any abatement order of the NUIsance Abatement
Board may Impose conditions govermng the future mamtenance 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 ofthe nUisance by the City
may become a lien or speCial assessment against the premises and a
personal liability ofthe owner of the premises and/or the person responsJble
for creatmg. causmg. commlttmg or mamtammg the publtc 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 equaltzed assessment roll orT
207
supplemental roll. or as otherwise known to the Chief of the 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 or she be notified of any hearing
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 benefiCiaries under any deed of trust of
record, If appropriate, 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 In any manner the validity of any of the proceedings taken
hereunder
8 96.110 Inspection.
At the end of the t1me 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
beer 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 statmg that the hearing has
been canceled If the nUisance has not been satisfactorily abated. a notice
will be sent In the manner set forth In Section 8 96 100 to those persons
who had prevIously received the order stating that the nUisance contm ues to
eXIst and that the heanng WIll be held as scheduled The Inspection report,
If any, Will become part of the record for the heanng ThiS notice shall be
substantially rn the follOWing form
NOTICE TO ABATE PUBLIC NUISANCE
The owner of the property located at . Santa Monrca, California, IS
hereby notified to appear before the NUisance Abatement Board or a
Hearing Examiner at (date), (time), (location), or as soon thereafter as
may be heard, and show cause, If any, why said (descrrbe nUisance) should
not be declared a nUisance and abated rn the manner provided by law If
abatement IS undertaken by the CIty of Santa MOnlca. the costs of
abatement shall constitute a lien on the property, may be collected by special
assessment, or may become the personal liability of the owner and/or person
responsible for the public nUisance
8.96.120 Conduct of hearmg.
(a) At the time set for heanng In the order to abate public nUisance,
the NUIsance Abatement Board. or designated Heanng 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
~09
heanng, or his or her or theIr agent(s) or representatlve(s), shall be given an
opportUnity 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 pnor to the
scheduled hearrng The NUisance Abatement Board. or Hearing Examiner,
shall have the dIscretIon to consIder written eVIdence submItted on the day
of. or durrng the course of. the hearrng
(c) DeCISIons of a Hearing ExamIner shall be referred to the NUisance
Abatement Board for adoption, modification or reJectlon based solely upon
the record presented to the Heanng 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 hearrng, to examme them under oath. and to compel them
to prod uce all eVidence before It as proVIded In Section 2 32 060 of thiS
Code
(e) The heanng proceedings shall be recorded AddItionally, any party
may proVide a certified shorthand reporter to maIntain a record of the
210
proceedmgs 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 heanng 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 conduct of serious affaIrs,
regardless ofthe 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 supplementmg or
explaining other eVidence but shall not be sufficIent In Itself to support a
fmdmg. 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
hearing before the NUisance Abatement Board
8.96.130
ResolutIon declaring a public nUisance.
(a) Upon the conclUSion of a hearing before the NUisance Abatement
2] ]
Board or after takmg 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, causing, committing
or mamtalnlng the public nUisance, to abate the same wlthm 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 pursuantto Section
8 96 140 The resolution shall also set forth any conditions Imposed upon the
premIses by the NUisance Abatement Board governing the future
mamtenance or operation of the premIses so as to prevent the recurrence of
the nUIsance condItIons
(b) The NUisance Abatement Board shall direct the City Attorney to
draft the resolution. whIch the Chairperson ofthe NUIsance Abatement Board
shall sign or cause to be signed The notice of resolution declaring 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
against 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
creating, causing, committing or maintaining the public nUisance The notIce
shallmform the owner the time period In whIch to seek JudiCial review The
deCISion shall be final when Signed by the Chairperson and shall not be
21~
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 declaring
a public nUIsance, the NUisance Abatement Board shall mall a copy of the
notice of resolution declanng a pubhc 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 J unsd Ictlon to abate a public nUisance after the NUisance Abatement
Board has held a hearing or acted upon a decIsion of the Heanng Examiner
and declared the condition of the property to be a public nUisance The
owner and/or the person responsible for creatmg, causing. committing or
mamtalnlng the public nUisance shall be directed pursuant to Section
8 96 130 to abate the public nUisance The NUisance Abatement Board shall
have continuing Junsdlctlon to abate the public nUisance and related or
Similar publiC nUisances on the property In the event the nUisance has not
been abated wlthm the tIme stated In the notice of resolution declaring a
publtc nUisance. the NUisance Abatement Board has the authonty 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 order 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 add Itlonal time, the Chairperson may grant 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
Immmently dangerous to hfe, property, health or public safety
(b) An extension of time to abate the public nUisance shall not many
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 Immment 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 agarnstthe 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 graffitt IS necessary to reduce the risk of VIolent and
other criminal activities associated With gangs and gang territories The
presence of graffiti which IS not abated ImmedIately encourages the creatIon
of additional graffiti. resultmg In neighborhood blight and Increased costs of
abatement
(b) The Director of EnVironmental and Public Works Management IS
hereby authonzed 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 wntten notIce speclfymg 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 prior to the scheduled City abatement
It sha II rnform the owner that the City will not undertake the abatement If the
owner notifies the City In wntlng that the owner WIll abate the graffiti by a
:15
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
accountmg 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 pubhc nUisance shall either be a hen 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 malntalnmg the public nUisance
(b) The BUIlding Officer shall keep an ItemIzed account of the
expenses Incurred by the CIty m abatmg nUIsances under the provISIons of
thiS Chapter, Includmg all admlnrstratlve costs Upon the completion of the
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. the Itemized and total cost of the abatement a
deSCription of the real property on which the abatement was done, and the
names and addresses of the persons entitled to notice pursuant to Section
8 96 100. "Service of Order to Abate PubliC Nuisance" ThiS report shall be
verified by the City offiCial In charge of the abatement work
(c) The NUisance Abatement Board shall cause notIce ofthe 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 dIligent search cannot be found, the notIce may be
served by posttng a copy thereof In a conspIcuous place upon the property
for a period of ten days and publicatIon 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 of the
heanng to be served by certified mail, 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 pnor to the date set for hearing 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 th ree 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 IJable 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 prior to the tIme set for the hearing on the Teport Each
wntten protest or objection must contam the property address and the
21'
grounds for such protest or objection After hearing all 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 hearings from tIme to time The
deCISIons of the City CounCl\ 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 hen 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 (1) 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 MOnica hereby claims a hen 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 hen on said property untIl said
sum, With mterest 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 herem 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 California, and particularly
descnbed as follows
(Descnptlon of Property)
Street Address
Legal Descnptlon
Parcel Numbers
(Name of owner and address)
Dated
NAB Chairperson
(h) From and after the date of recording the notice of hen, 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 authorized In Subsection (d) of
thIs Section and pursuant to Government Code Section 38773 5, the cost of
abatement, If not paid wlthm 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 shaH record a notice descnbmg the abatement
action and the total costs With the County Recorder
(2) After confirmation of the report prepared pursuant to SubsectIon
(b) ofthls SectIon and recordation of the notice, certified copies ofthe 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 mUnlclpal 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 applicable to the levy.
collection and enforcement of property taxes shall be applicable to such
assessment
(4) The assessment liens shall be subordinate to all eXlstmg speCial
220
assessment hens previously Imposed upon the same property and
paramount to all other hens except State. county and mUnicipal taxes with
which It shall be on panty The lien shall continue until the assessment and
all Interest due and payable thereon has been paid
(j) 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 mamtalnlng 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 mstltute a lawsuit
to collect any amounts due by reason of the abatement of a nUisance by the
City and to foreclose any eXisting Irens for such amounts Notwlthstandmg
the proVISions of thiS Chapter. the City Attorney may bring any appropnate
CIVtl 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 cnmlnal 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 wlth thiS Chapter, except for
cond Itlons 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,
::1
assessment or hen 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 maintains any
condItion subject to abatement pursuant to the provIsIons of thIs Chapter to
eXist on any property, place or area within the CIty, shall be deemed gUilty
of a misdemeanor and upon conviction thereof shall be pUnishable as
provIded In 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 administrative 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 In 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 In lawful possession or control of the property
"1"--
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ten~day notice shall be Issued to both the owner ofthe 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 authonzlng removal and waIving further mterest In the
vehicle
(2) The ten-day notice shall contain the followIng information.
(A) The street address and any other descnptron required to Identify
the premIses upon which the vehlcle(s) IS located
(8) The loentlty 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 reqUIred to be taken as determmed 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
vehlcie( s) have the ng ht to request a hearing before the NUisance Abatement
Board
224
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 reqUIred 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 authorizing
removal and warvlng further mterest In the vehicle Prior 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 mtent to dispose of the vehicle, and
that If the vehicle IS not claimed and removed wlthm 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 Itslfemoval pursuant to
thiS Subsection Furthermore. thiS Subsection (c)(4) applies only to
Inoperable vehicles located upon a parcel that IS (1) zoned for agricultural
use, or (2) not Improved With a reSidential structure contamlng one or more
dwelling units
226
(d) Public Hearing on Nuisance Abatement.
(1) The owner of the vehicle orthe owner of the premises upon which
the vehicle IS located may request that a heaTIng be held before the
NUIsance Abatement Board The request for a hearing must be received
before the ten-day period stated In the notlc~ 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
"requestmg 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 Heanng 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 pnorto the
hearing date
(3) The procedure specified In Section 8 96 120 ofthls 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
""i'
--;
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) Vehrcles 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 mOnies 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. Identifying the
vehlcle(s) and submitting 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 qualrfles 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
2~8
sheriffs 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 Identifying
the vehicle and Its location to the Santa MOnica Police Department
(5) Licensed dismantling or commercIal enterpnses acqulnng vehicles
removed pursuant to this Section shall be excused from the reportmg
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 authOriZing
dISposition ofthe vehicle IS retamed In the bus mess records of the dlsmantler
or commercial enterpnse
(f) Exceptions to this Section. This Section shall not apply to a
vehicle that IS completely enclosed wlthm a bUlldmg 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 In a lawful manner on pnvate property m
connection With the bUSiness of a licensed dismantling operation, licensed
vehIcle dealer or Junkyard ThiS exception shall not authOrize the
marntenance of a public or pnvate 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 OfthlS Code, the
cost of abating any nUisance created by a vehicle, mcludmg the actual tow
2~9
costs, and an admlnrstratlve fee covering direct and Indirect overhead, to be
set by resolution of the City Council, IS the JOint and several personal
obligation of the owner of the premises and the last reg Istered owner of the
vehlcle(s) However, an owner of the premises who establishes lack of
responsibility for the presence of the 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 beglnnmg 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 proceedmg
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 CouncJl finds and declares as follows
(a) Substances hazardous to the public health and safety, and to the
environment, are stored prior to use or disposal In underground locatIons In
the CIty
(b) Underground tanks used for the 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 mto the ground These releases have
contammated public drmkmg water supplies and created a potential threat
to the publiC health and to the waters of the State
~,)l
(d) Appropriate laws are reqUired to adequately govern the
construction, malntenance, testing and use of underground tanks used for
the storage of hazardous substances, or the short-term storage of hazardous
wastes pnor 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 followmg meanmgs
(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 mechanism 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 by tnggenng an audible or visual 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
23:
"Regional Board" means a Callforma Regtonal Water Quality Control Board
(c)
(1) Certified Unified Program Agency or"CUPA" means the agency
certified by the Secretary for Environmental ProtectIon to Implement the
unified program specified In Health and Safety Code Sections 25404 et seq
wlthm a JUrisdiction
(2) Participating agency or "PA" 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 unified 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
partlclpatmg agencies, to the extent each PA has been deSignated by the
CUPA pursuant to a wntten agreement to Implement or enforce the unified
program element speCified In Health and Safety Code Section 25404(c)(3)
For purposes of thiS Chapter. the UPA's have the responsibility and
authority. to the extent proVided by thiS Chapter and Health and Safety Code
Sections 25404 1 and 25404 2, to Implement and enforce only those
req UJrements of thiS Chapter listed In Health and Safety Code Section
25404(c)(3) The UPA's also have the responsibIlity and authOrity, to the
extent prOVided by Chapter 6 7 and Sections 25404 1 and 25404 2 of the
233
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 authonty 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
:34
of Industnal 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 III-A combustible hqUld,
(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, mcludlng a government corporation, partnership, limited liabIlity
company. or aSSOCIation "Person" also Includes any CIty, county, distriCt. the
:35
State, any department or agency thereof, or the Umted States to the extent
authorized by Federal Jaw
(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 mtrastate
commerce or to transfer hazardous matenals 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 nazardous substances including, but not limIted to, valves
and other appurtenances connected to the pipe, pumping umts. fabncated
assemblies assocIated wIth pumping umts, and metenng and delivery
stations and fabncated 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 (commencmg with
Section 51 Q 1 Q) of Part 1 of DIVIsIon 1 of Title 5 of the Govern ment Code, or
(3) UnbUried delivery hoses, vapor recovery hoses. and nozzles whIch
are subject to unobstructed Visual Inspection for leakage
(m) Primary contamment 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
contamed, or IS to be contamed, so as to prevent the seepage of the
substance from the primary containment To be product-tight, the tank shall
not be subject to phYSIcal or chemical deterioration by the substance which
It contains over the useful life of the tank
(0) Release means any spilling, leaking, emitting, dIscharging,
escaping, leachmg, or dlsposmg 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 contamment external
to. and separate from. the pnmary containment
(q) Single-walled means construction With walls made of only one
thickness of material For the purposes of thIS Chapter. lammated, coated,
or clad matenals are consIdered smgle-walled
(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
1~'"
.....~ ,-
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 Intenm 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 prrmanly of non-
earthen matenals (e g, wood, concrete, steel. plastic) which provides
structural support
(u) Tank integrity test means a test method capable of detectmg an
unauthorized release from an underground storage tank consIstent wIth the
minimum standards adopted by the Board
(v) Tank tester means an indivIdual who performs tank Integrrty 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 authonzed by the State Water Resources
Control Board or a California RegIonal 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. Includmg 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 Includei
~38
structures such as sumps, separators, storm drarns, catch basins, 011 field
gathering lines, refinery pipelines, lagoons, evaporatIon ponds, well cellars.
separation sumps, lined and unlined pits, and lagoons Sumps which are a
part of a mOnitoring system reqUired under Health and Safety Code Sections
25291 or 25292 or SectIons 8 104.080 or 8.104.090 ofthlS Code, and sumps
or other structures defined as underground storage tanks under the Federal
Act, are not exempted by this Section
(2) Structures Identified m 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, ofthe Water Code)
to ensure that they do not pose a threat to water quality
(y) Underground tank system or tank system means an
underground storage tank. connected plprng. anCillary equipment. and
contarnment system. If any
(z)(1) Umfied 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 (commencrng 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 8 104 040 or
239
a umfied program facIlity 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 criteria
IS exempt from the reqUirements of thIS Chapter
(a) All exterior surfaces of the tank, Including connected plpmg and
the floor dIrectly beneath the tank. can be momtored by direct vIewing
(b) The structure In which the tank IS located IS constructed In such
a manner that the structure proVides for secondary contamment 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 maintainS 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
2.tO
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 (CUP A), the
Environmental and PublIC Works Management Department shall also be
responsible forthe 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 under this Chapter, except when It relates to a dispute over a fee
Of penalty assessed by the City as the CertIfied Umfied Program Agency
(CUPA) under the Single fee system, may be appealed by a permit applicant
or perm~t holdef Within ten days from the date of the decIsion to an Appeals
Board consisting of DIrector of the Environmental and Public Works
Ma nagement Department. the Environmental Prog rams Coordinator and the
Fire Chief of the Fire Department or their duly authOrized representatives
The deCISion of the Appeals Board shall be rendered wlthm 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 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
~41
Section 1094 5
(c) Disputes regarding fees or penalties assessed upon a Unified
program facIlity (facIlity) by the City as the Certified Unrfied 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 facIlity requestmg 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 wlthm Sixty days of the date that the fees or penalty are
assessed
(4) If the application fOf a fefund or an adjustment of the fee or
penalty IS denied. the facthty can apply to the Envlfonmenta! 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
heanng not later than nmety days aftef the date of the fequest for the
hearing Notice of the date and time of the heanng shall be mailed to the last
known address of the applicant not later than fifteen days pnor to the date
set for the heanng The EnVironmental Programs Coordinator may request
that the faCIlity produce records at the heanng
242
(6) The heanng shall be heard by an Appeals Board consisting of
Olrector of the EnvIronmental and Public Works Management Department,
the Environmental Programs Coordinator, the Fire Chief of the Fire
Department and the Director of the Fmance 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 hearings 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 Public Works Management
Department IS empowered to adopt regulations governing the adminIstration
of thiS Chapter and the activities of permittees In order to Implement the
prOVISions of thiS Chapter. applicable resolutions of the City CouncIl and
applIcable State and Federal law The regulatIons adopted by the DIrector
of the EnVironmental and Publrc Works Management Department shall be
2-l3
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 umfied program facIlity permit has been Issued by the City
to the owner or operator of the Unified program facIlity on which the underground
storage tank IS located
(2) If the operator IS not the owner of the underground storage tank or
Unified program facIlIty. or If the permIt IS Issued to a person other than the owner
or operator of the underground storage tank or Unified 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 mto a written agreement With the operator of the underground
storage tank or Unified program faCility to momtor the tank system as set forth In the
permit.
(8) 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
obllgatlons of a transferred permit by any person who IS to assume the ownership
of an underground storage tank or unrfied program facIlity from the prevIous owner
and IS to be transferred the permit to operate the underground storage tank or
umfied program facIlity That person shaU complete the form accepting the
obligatIons of the permit and submit the completed form to the City within thirty days
after the ownership of the underground storage tank or Unified program facIlity IS to
be transferred The City may review and modify, or terminate, the transfer of the
permit to operate the underground storage tank or Unified 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 operating 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
acceptmg a transferred permlt. shall submit to the City the completed form
accepting the obltgatlons of the transferred permit as speCIfied In SubsectIon (b) of
thiS Section. on the form prepared and provided by the City DUring the penod 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
245
single permIt to a person for an underground storage tankor Unified program faclhty
(e) Except as provided In Section 8 104047. a permit to operate Issued by
the CIty pursuant to thiS Section shall be effective for no more than five years ThIS
Subsection does not apply to umfied 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 pursuant 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
stringent 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
246
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
(j) The owner and operator of an underground storage tank shall at all times
comply wIth the terms and condltlons of any permit Issued pursuant to thIs Chapter
8.104.070 Tank integrity tester.
(a) All tank Integnty 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 pursuant to Health and Safety Code SectIon
25284 4 No person shall engage In the business of tank integrity testing, or act m
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 104060 for cause. Includmg. but not limIted to. any of the follOWing
(1) Violation of any of the terms or conditions of the permit,
(2) Obtalnmg the permit by misrepresentation or mtentlonal failure to fully
disclose all relevant facts,
(3) A change In any condition that requires modification ortermmatlon of the
~.p
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 675 of the Health and Safety Code, Sections 2529930 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 GUPA, by the owner or operator of the unified 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 appropnate 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 penod 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 mOnltonng procedures. and If there
has been any unauthOrized Teleasefrom 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. usmg forms. an Industry standard computer-readable
magnetic tape, diskettes, or any other form In a format acceptable to both the Board
and the City
248
(c) The application form shall mclude. but not be limited to, requests for the
following InformatIon
(1) A description 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 ofthe 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 program 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.
149
(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 applicable, the name and address of the owner and, If different, the
operator of the unrfied 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 apphcatmn. as required by
Subsection (c)(2) of thiS Section, the permittee shall apply for a new or amended
permit Within thirty days a~e - ,:;ommenclng 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 tlme amended by
resolution of the City CounCil
(b) ThiS fee shall mclude a surcharge. as determmed by the State annually
to cover the costs of the Board In carrymg out Its responsibilities under Chapter 6 7
of the Health and Safety Code and the costs of the CIty In collectmg the surcharges
The City may retain SIX percent of any surcharge collected for costs Incurred 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 Within
forty-five days after receIpt
(c) Subsection (b) of thiS Section does not apply to the City's Single fee
250
system. which will be Implemented pursuant to Health and Safety Code Section
254045 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 deterrmne 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 8104 150, whichever IS
apphcable, whether the operator has momtored and tested the tank as reqUired by
the permIt. and whether the tank IS In a safe operatmg conditIon
(b) After an Inspection conducted pursuantto 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
ooerator Any report prepared pursuant to thiS SectIon shall be consolidated Into
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 of the 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 period set forth In such plan
(c) In addItIon to, or Instead of the inspectIons specIfied In Subsection (a) of
thiS Section, the City may reqUire the owner to employ periodically specIal
25]
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
Sectton and to prepare a special inspection report with recommendations
concernmg the safe storage of hazardous materrals at the facIlity The report shall
contain recommendations consIstent With the provIsions of this Chapter, where
approprrate 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 penod
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 6 75 of
the Health and Safety Code. any duly authonzed representative of the City. the
Regional Board. orthe 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 underground tank
systems are located The authonty conferred by thiS SectIon Includes the authonty
to conduct any momtOrlng or testing of an underground tank system
:5~
(b ) To carry out the purposes of this Chapter and Chapters 6 7 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
mOnltonng, testmg, and reporting. including costs, shall bear a reasonable
relationship to the need for the monltonng, 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, mechanism, compound. procedure,
p roductron data. or compIlation of mformatlon which IS not patented I wh Ich IS known
only to certain IndiViduals wlthm a commercial concern who are uSing It to fabncate,
produce. or compound an article of trade or a servIce havmg commercial value, and
whIch gives Its user an opportunity 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
authOflzed representatives or other governmental agencIes only In connection With
the Board's orthe CIty's responsibilities pursuantto thiS Chapter or Article 6 70fthe
Health and Safety Code The Board and the CIty shaU establish procedures to
ensure that these trade secrets are utilized only In connection With these
253
responsibilitIes and are not otherwise dlssemmated without the consent of the
person who provIded the InformatIon to the Board or the City
(c) Any person provldmg Information pursuant to Health and Safety Code
SectIon 25286 and Section 8 104 060 of this Code shall, at the time of Its
submission, Identrfy all mformatlon which the person beheves to be a trade secret
Any Information or record not Identified as a trade secret IS available to the public,
unless exempted from disclosure by other proVISions of law
(d) Where the City, by ordmance, provIdes an alternative to the lIsting of a
substance whIch IS a trade secret. the person stormg that substance shall proVide
the IdentIfication of the matenal dIrectly to the Board pursuant to thiS SectIon
8.104.140 Standards for n$W 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 primary and secondary levels of contamment of the hazardous substances
stored In them In accordance with the follOWIng performance standards
(1) Primary containment shall be product-tight
(2} Secondary contamment shall be constructed to prevent structural
weakening as a result of contact With any released hazardous substances, and also
shall be capable of storing the hazardous substances for the maximum anticIpated
period of time necessary for the stormg of any released hazardous substance
(3) In the case of any Installation WIth one primary contamer, 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 contamer shall be
large enough to contain one hundred fifty percent of the volume of the largest
pnmary tank placed m It. or ten percent of the aggregate Internal volume of all
pnmary 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) SmgJe-walled contamers do not fulfill the reqUIrement of an underground
storage tank providing both a pnmary and a secondary contaInment However, an
underground storage tank with a primary container constructed with a double
complete shell shall be deemed to have met the reqUirements for pnmary and
secondary containment set forth In this Section If the outer shell IS constructed
prlmanly of non-earthen matenals. 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
Into the space. and the system IS capable of detecting water mtruslon 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 of the requirements of Subsections (a)(1) to (a)(6) of thIs Section,
255
IncluSive, If all of the followIng conditions eXist
(A) The primary containment constructIon IS of glass fiber remforced plastIc.
cathodIcally protected steel, or steel clad with glass fiber reinforced plastic.
(8) 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 momtorlng 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,
(0) 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 mOnitored In accordance with Subsection (a)(6)
of this Section,
(E) Pressunzed plpmg systems connected to tanks used for the storage of
motor vehicle fuels and momtored 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 Sectron, mcluslve
However. any pipe connected to an underground storage tank Installed after July
1 1987. shall be eqUIpped WIth secondary contaInment which compiles With
Subsections (a)(1) to (a)(6) of thiS Section. inclUSive
(b) The underground storage tank shall be deSIgned and constructed With
a monitoring system capable of detectmg the entry of the hazardous substance
stored In the pnmary containment mto the secondary contamment If water could
256
Intrude Into the secondary containment a means of momtorlng for water intrusion
and for safely removing the water shall also be provIded
(c) The underground storage tank shall contaIn a means of overtill protection
for any primary tank, including an overfill prevention device or an attention-getting
higher level alarm, or both
(d) If different substances are stored In the same tank and In combInation
may cause a fire. an explOSion, or the production of flammable, tOXIC, or pOIsonous
gas, or the deterioration of a primary or secondary container, then they shall be
separated m both the primary and secondary contamment so as to avoId potential
Intermixing
(e) If water could enter Into the secondary contamment 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
contammatlon and a means of dispOSing of the water. If so contaminated. at an
authonzed disposal facIlity
(f) Underground preSSUrized 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 m the respective edition of the Umform Fire Code, shall be followed
(h) Before the underground storage tank IS placed In service. the
underground storage systems shall be tested In operating condItion uSing a
precIsIon test as defined In National Fire Protection ASSociation Pamphlet 329
"Recommended Practice for Handling Underground Leakage of Flammable and
Combustible Liquids," as amended, for proving the integrity of a~ underground
storage tank
(I) If the underground storage tank IS deSigned to mamtam a water levelm
the secondary containment. the tank shall be equipped with a safe method of
removing 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 eXlstmg 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
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(a) On or before July 1, 1985, the owner shall outfit the faCility With a
mOnltonng system capable of detecting unauthorized releases of any hazardous
substances stored In the facIlity, based on matenals stored and the type of
monrtorlng Installed
(b) Provide a means of visual Inspection of the tank, wherever practical, for
the purpose of the mOnltonng reqUired by Subsection (a) of this 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 pressunzed plpmg 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 pressunzed piping shall be tightness-tested annually
(2) Subsection (d)(1) of thiS Section does not apply to eXisting pressunzed
Plpmg 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
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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 unauthonzed
releases, Including spills and overfills, dunng the operating life ofthe tank, Including
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 training 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 of financla I responslbJllty 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
oursuant 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 mto an agreement
WIth the operator of the tank req ulrIng the operator to demonstrate compliance wrth
260
Subsection (a) of this Section However, both the owner and the operator are In
violatIon of SubsectIon (a) ofthls SectIon If eVidence offlnanclal responsibIlity 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 mOnltorrng, testing, upgrading, repaIring and closure shall be kept In
sufficIent detail to enable the City to determine that the operator has undertaken all
mOnltorrng actlVltres required by the permit to operate and IS m 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
permit to the operator, enter Into a written contract With the operator whIch requires
the operator to monitor 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 unauthOrized release from the pnmary 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 underground storage tank,
26]
shall be recorded on the operator's mOnltonng reports
(b) Any unauthonzed release whIch escapes from the secondary
contaInment, or from the pnmary containment If no secondary contaInment eXists,
which mcreases the hazard of fire or explosion, or causes any detenoratlon of the
secondary contamment 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 written
report shall be transmitted by the owner or operator of the underground storage
tanks wlthm five workmg days of the occurrence of the release The report shall
describe the nature and volume of the unauthorized release, any investIgative
actions which will be needed to clean up the unauthonzed release and abate the
effects of the release and a time schedule for Implementmg 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 determlnmg whether to modify or terminate the permit. the City shall
consider the age of the tank, the methods of containment, the methods of
monltorrng. the feaSibility of any req ulred 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
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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, operator 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 agency's 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 6 8 (commencing
With Section 25300) of the Health and Safety Code and, for thiS purpose, any
unauthonzed release shall be deemed a release as defined In Health and Safety
Code Section 25320
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(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
purpose, the dIscharged hazardous substance shall be deemed a waste as defined
In Water Code Section 13050(d)
8.104.210 Immunity from liability.
If the 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 umfied
program facIlity or close or temporarily cease operating an underground storage
tank. or unIfied 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 contmue to be subject to all the permit. Inspection. and mOnitoring
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 penod of trme the
underground tank or umfied program faclhty IS not In use
(c) No person shall close an underground storage tank or unified program
2M
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 period of time the City
requires.
(4) Demonstrates to the satisfaction of the City that an mvestlgatlon has
been undertaken which reasonably concludes that there has been no slgnrficant SOil
contammatlon resulting 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 determme
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 materral that IS required to demonstrate compliance With
thIS Chapter shall be performed by a laboratory accredited by the Department
265
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 ofthe 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 mOnltonng, testing, or reportmg
as req U1red by the permit, thiS Chapter and Health and Safety Code Sections 25288
and 25289,
(4) Fail to maintain records as required by Section 8 104090.
(5) FaJl to report an unauthonzed 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 pu~suant 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
266
(b) No owner of an underground storage tank shall do any of the following
(1) Fall to obtam 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 monrtonng, testing. or reportmg
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} F all 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
CIVJi 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 of thiS
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 vanance from Section
8 104 150 or Section 8 104 160 The application for a vanance shall Include a
description 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 convlncmg 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
stalldards and nothmg m thIS Chapter should be construed or Imply that compl1ance
with thiS Chapter Will ensure that there Will be no unauthOrized 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 resultrng from an underground storage tank ThiS
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 In the City of Santa Monica
shall take appropnate action In addition to that required by this Chapter and
applicable provisions of State and Federal law 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 7 04 810 of the Santa Man Ica MUnicipal Code IS amended to
read as follows
7.040810 Drainage.
Where development on a lot generates addItional drainage runoff than that
prevIously eXisting. or where such development may affect the flow of water In
natural drainage courses. orwlthln streets or other public fights of way, or when due
to the application of these Improvement requirements, the CIty Engineer may
require reasonable drainage Improvements wlthm the tot or nght of way to
accommodate the potential effect of such water flow. which reqUirements shall
269
conform with Section 884020 (dramage 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 Callfornla BUilding Standards Code and the
Santa Man Ica amendments to the California BUild Ing 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 Callforma
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 MOnlca 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 Ordmance
SECTION 31 If any Section, subsection. sentence. clause. or phrase of thiS
Ordmance IS for any reason held to be invalid or unconstitutional by a deCISion of any court
of any competent Junsdlctron. such deCISion shall not affect the validity of the remalnmg
].70
portions of thIs Ordinance The City CouncIl hereby declares that It would have passed thIs
Ordinance, and each and every Section. subsection. sentence. clause, or phrase not
declared Invalid or unconstitutional Without regard to whether any portion of the OrdInance
would be subsequently declared invalid or unconstitutional
SECTION 32 The Mayor shall sign and the CIty Clerk shall attest to the passage
of thiS Ordinance The City Clerk shaH 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
~~~~
City Attorney
,.
~71
Adopted and approved tlns 8'" day of June. 1999. r1-: -
\~'1J.~
Ken' Gensel. Jayor Pro T em ~
State of CalIforrua )
County of Los Angeles) ss
Cn\' of Santa Momca )
L Mana M Stewan. CIty Clerk of the Clly of Santa Maruca. do hereby cemfy that the
foregomg Ordmance Ko 1945 (CCS) had ItS mtroductIon and adoptIon on June 8. 1999.
by the followmg vote
Ayes
CouncIl members McKeown. Femstem. Bloom.
Holbrook. Rosenstem, Mayor Pro Tern Genser.
Mayor: O'Connor
!';'oes
Kone
Abstam
None
Absent
Kone
ATT'E~ I ".~
Mana M Stewart. Cny Clerk
(~cul-
\.