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O2462City Council Meeting: July 8, 2014 ORDINANCE NUMBER 2462 (CCS) (City Council Series) Santa Monica, California AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 8.60.060 OF THE SANTA MONICA MUNICIPAL CODE TO ELIMINATE PERMIT FEE WAIVERS FOR SEISMIC RETROFITTING OF UNREINFORCED MASONRY BEARING WALL BUILDINGS WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, there is general scientific consensus that California will continue to experience moderate to severe earthquakes in the foreseeable future; and WHEREAS, The Safety Element of the General Plan shows high risk of seismic activity in the City due to the close proximity of the Santa Monica - Malibu Coast fault, the Newport- Inglewood fault and the San Andreas Fault; and WHEREAS, retrofitting of older buildings, especially Unreinforced Masonry Bearing Wall Buildings, enhances their survivability in a seismic event and has the potential to save thousands of lives; and WHEREAS, seismic retrofitting of individual buildings provide specific economic and other benefits to the building owners; and 1 WHEREAS, diverting public funds to pay permit fees for private seismic retrofit projects is inconsistent with the City's general policy that public funds be expended to provide general public benefit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.60.060 of the Santa Monica Municipal Code is hereby amended to read as follows: 8.60.060 Timetable for compliance. The time limits set forth below shall begin to run from September 29, 1992, or from initial determination, whichever is later. The owner of any occupied or vacant building within the scope of this Chapter shall comply with the requirements of this Chapter by filing for a permit, submitting plans to the Building Officer, commencing construction and completing construction within the time limits specified below: Such plans shall be prepared by a State of California licensed architect or registered civil or structural engineer. After plans are filed and approved by the Building Officer, the owner shall obtain a building permit and then commence and complete the required construction within the time limits set forth below. An owner electing to install wall anchors pursuant to the provisions of this Chapter is also required to structurally alter the building to make it fully comply with all other provisions of this Chapter within the time limits set forth in Table 8.60 -A below. File for Permit and Commence Complete Construction Construction Within Within 270 days 1 year 2 years 4 years Type II Submit Plans to Required Action Building Building Officer by Owner Type Within A. Install wall Type I, II, III, 180 days anchors IV 10 years B. If wall anchors Type I 635 days (1 year 9 are installed, then months) make structural 2,825 days (7 years 8 years alterations Commence Complete Construction Construction Within Within 270 days 1 year 2 years 4 years SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 3 Type II 635 days (1 year 9 2 years 4 years months) Type III 2,825 days (7 years 8 years 10 years 9 months) Type IV 2,825 days (7 years 8 years 10 years 9 months) C. If wall anchors Type 1 270 days 1 year 2 years are not installed, then make structural alterations Type 11 270 days 1 year 2 years Type III 1,000 days (2 years 3 years 4 years 9 months) Type IV 1,365 days (3 years 4 years 5 years 9 months) SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 3 SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: MA SHA JO S MOUT E City orney' 0 Approved and adopted this 8t" day of July, 2014. /f-Jl��^ am O'Connor, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2462 (CCS) had its introduction on June 24, 2014, and was adopted at the Santa Monica City Council meeting held on July 8, 2014, by the following vote: Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor O'Connor, Mayor Pro Tern O'Day Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2460 (CCS) was duly published pursuant to California Government Code Section 40806 . ATTEST: sd: -A A V Sar ha Gorman, City Clerk