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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 1''' 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 1 ~ ~ ~.:J 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 13-l 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 13:' 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 136 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 1-- 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 138 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 139 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 140 compound placed between the wall of the hole and the embedded portion of the anchor Anchor Side Plate IS a metal plate or plates used to connect a sill plate to the side of a concrete or masonry stem wall Building Code IS the BUildIng Code of the City of Santa MOnica Cripple Wallis a wood-framed stud wall extending from the top of the foundation to the underside of the lowest floor 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 ]41 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 14=: 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 143 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 144 the Inside face of the cripple wall In lieu of 1% Inch (29 mm) wood structural panel blocking, tight fitting, full or near full depth two Inches 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 146 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 147 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 t48 (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 ]49 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 ]50 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 151 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 197 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"-- --- 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 258 (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 ~59 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 ~62 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 263 (b) The Regional Water Quality Control Board may take action pursuant to DIvIsion 7 (commencing with Section 13000) of the Water Code and, for this 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- \.