SR-06-24-2014-7C - 211-019City Council Meeting: June 24, 2014
Agenda Item: —C,
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Section 8.60.060
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
amending Santa Monica Municipal Code (SMMC) Section 8.60.060 to eliminate plan
check and permit fee waivers for seismic retrofitting of unreinforced masonry bearing
wall buildings.
Executive Summary
Staff recommends that Council rescind the current fee waiver for seismic retrofit plan
check and building permit fees. At the May 27, 2014 Council meeting, staff informed
the Council that continued practice of this fee waiver could have significant impact to the
General Fund, especially with the development of the City's Seismic Retrofit Program.
The fees that are waived vary depending on various project factors such as the square
footage of the building, the project valuation and the scope of the seismic retrofit. This
fee waiver has not been effective at incentivizing private owners to retrofit their
potentially hazardous buildings.
Background
On June 21, 1994, after the Northridge Earthquake, Council adopted emergency
Ordinance Number 1748 (CCS) to facilitate the repair and retrofit of potentially
hazardous structures. This ordinance addressed the many buildings that were
damaged in the January 17, 1994 Northridge Earthquake. Passage of this ordinance
also included a waiver of fees for the plan check and building permit to incentivize
earthquake repairs and the seismic retrofit of buildings. The Ordinance also established
timeframes in which potentially hazardous buildings were required to be retrofitted.
it
The technical requirements of seismic retrofit standards were amended by Ordinance
Number 1945 (CCS) on June 8. 1999 where the fee waiver continued. Consistent with
the initial passage of the fee waiver, it was expected that continuation of the waiver of
fees would encourage building owners to complete the retrofit of their buildings. Staff
recently assessed and determined that many buildings in Santa Monica remain
unretrofitted calling into question the effectiveness of the fee waiver.
Discussion
The Department of Planning and Community Development is working on the City's
Seismic Retrofit Program to create an inventory of potentially hazardous buildings in the
City. Staff anticipates returning to Council late fall 2014 with proposed revisions to the
seismic retrofit requirements and direction for notification to building owners.
As the number of buildings that may require retrofit appears to be substantial, without
the elimination of the fee waiver, the General Fund could be negatively impacted.
Although identified as a "fee waiver', the waiver is actually a shifting of costs. Staff time
expended in the review of plans for the retrofit of a privately -owned building, and
subsequent staff time attributed to inspection of the seismic retrofit work, costs the City
in salary, benefits and overhead of staff members, which are paid for by the General
Fund. While staff expends time providing these services to private owners, the
benefited private owners do not reimburse the General Fund with commensurate permit
fees, due to the current practice of waived fees. This subsidy of private owners with
public tax dollars has not shown to be effective at incentivizing private retrofitting of
potentially hazardous buildings.
Staff is recommending that Council eliminate the current fee waiver for seismic retrofit
plan check and building permits effective with the 2014 -15 Fiscal Year. Should the fee
waiver be eliminated, existing fees will be applied to plan check and building permit
related seismic retrofit work.
RAI
Financial Impacts & Budget Actions
The proposed recommendation to eliminate the fee waiver would generate revenue to
the General Fund. However, as the timeframe for allowing buildings to be retrofitted will
extend over several years, it is uncertain when the City will receive this revenue. The
fees generated from seismic retrofit should offset the additional staff time required for
the program, resulting in cost neutrality.
Prepared by: Ron Takiguchi, Building Officer
Approved:
David Martin, Director
Planning and Community Development
Forwarded to Council:
V .
Rod Gould
City Manager
Attachment A: Ordinance Amending Section 8.60.060 to Eliminate Plan Check
and Permit Fee Waivers for Potentially Hazardous Buildings
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City Council Meeting 6 -24 -2014
ORDINANCE NUMBER (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
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.
1
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. That PGFtiGR " of * "e plan
n-heck and. bi-61ding peFFnit fees that aFe alIGGable te struGtural alteration Af the building
that is ReGessary fGF GGFAP!maRGG with the previsiens ef this Chapter shall he waived-by
the Building Off'Ger
An owner electing to install wall anchors pursuant to the provisions of this
Chapter is also required to structurally alter the building to make it fully comply with all
other provisions of this Chapter within the time limits set forth in Table 8.60 -A below.
Table 8.60 -A
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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.
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
3
File for Permit and
Commence
Complete
Submit Plans to
Construction
Construction
Required Action
Building
Building Officer
Within
Within
by Owner
Type
Within
A. Install wall
Type I, 11, III,
180 days
270 days
1 year
anchors
IV
B. If wall anchors
Type 1
635 days (1 year 9
2 years
4 years
are installed, then
months)
make structural
alterations
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 111
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.
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
3
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:
JONES MOUTRIE
City
L,