ITEM 8-C
City Council Meeting 9-29-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Adopting A Mandatory Seismic
Retrofitting Ordinance and the Santa
Monica Amendments Thereto
At its meeting on September 22, 1992, the City Council
introduced for first reading an ordinance adopting a Mandatory
Seismic Retrofitting Ordinance and the Santa Monica amendments
thereto. The ordinance is now presented to the City Council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
Linda A. Mills-Coyne, Deputy City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING A MANDATORY SEISMIC
RETROFITTING ORDINANCE AND THE SANTA MONICA
AMENDMENTS THERETO
WHEREAS, the City Council has heard public testimony on and
has discussed and considered certain serious general community
safety problems caused by the number, size, location, and present
use of some 125 pre-1934 unreinforced masonry potentially
hazardous buildings; and
WHEREAS, the City Council has considered the probability of
potentially damaging seismic activity affecting the community;
and
WHEREAS, the City Council finds that the community's
exposure to the damaging effects of such local seismic activity
with potential demands on emergency services needs to be
significantly reduced; and
WHEREAS, on April 14, 1981, the City Council adopted, as
part of the Santa Monica Municipal Code ("Code"), Ordinance
Number 1201 (CCS) relating to Supplemental Seismic Safety
Rehabilitation Requirements; and
WHEREAS, on July 25, 1989, the City Council adopted
Ordinance Number 1489 (CCS) to require "Seismic Evaluation
Reports" for pre-1934 unreinforced masonry structures and has
considered a summary of the results of such reports; and
WHEREAS, the City Council has considered Appendix Chapter 1
of the 1991 Edition of the Uniform Code for Building Conservation
("UCBC") published by the International Conference of Building
Officials ("ICBO") and recommended by the State Seismic Safety
Commission as the technical specifications ("Technical
Specifications") of the model ordinance ("Model Ordinance") to
local governments in Seismic Hazard Zone 4 of California as an
effective earthquake hazard mitigation program for buildings with
unreinforced masonry bearing wall construction; and
WHEREAS, Santa Monica is located in Seismic Hazard Zone 4;
and
WHEREAS, the City Council finds that compliance with the
Technical Specifications will reduce the risk of damage, death,
and injury, and reduce the demand on City emergency services
that may result from the effects of earthquakes on existing
unreinforced masonry buildings, but that compliance will not
necessarily prevent loss of life or injury, nor prevent
earthquake damage; and
WHEREAS, the City Council has considered certain additions,
amendments, and modifications to the Model Ordinance for purposes
of administration and enforcement in the City of Santa Monica;
and
WHEREAS, the City Council finds that the proposed Model
Ordinance with certain additions, amendments and modifications
will assist in maintaining the community's total building
inventory within the present capabilities of the City's emergency
services; and
WHEREAS, the adoption of the proposed Model Ordinance with
certain additions, amendments and modifications will establish a
mitigation program for potentially hazardous buildings as
required by Government Code Section 8875 (previously known as
Senate Bill 547); and
WHEREAS, the City Council finds that it is in the interest
of the health, safety, and welfare of the citizens of Santa
Monica to adopt a mandatory seismic retrofitting ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8.04.220 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 8.04.220. Seismic Retrofitting Code.
That certain document entitled "Appendix Chapter 1 of
the Uniform Code of Building Conservation, 1991
Edition" published by the International Conference of
Building Officials is hereby adopted as amended,
deleted, or modified herein as the Seismic
Retrofitting Code of the City of Santa Monica, and
shall be referred to, together with such amendments,
deletions, or modifications thereto as the "Seismic
Retrofitting Code."
SECTION 2. Section 8.04.140 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 8.04.140. Section 206(c) of the
Uniform Administrative Code, 1991 edition, relating
to Supplemental Seismic Safety Rehabilitation
Requirements is amended to read as follows:
Division 1.00. Scope. The provisions of this
Section shall apply to all pre-1934 unreinforced
masonry structures which currently have or may in the
future have recorded against them on the record of
title in the County Recorder's Office a City "Notice
of Substandard and Potentially Hazardous Building."
Division 2.00. Compliance Requirements. The
owner of each building within the scope of this
Section shall, within the time limits set forth in
this Section, cause the building to be structurally
altered to conform to the earthquake standards
specified in the Seismic Retrofitting Code.
Division 3.00. Occupant Load and Building
Type. The occupant load of each building subject to
the Seismic Retrofitting Code shall be determined by
the Building Official in accordance with Section 3302
of the Uniform Building Code. For purposes of
complying with the time limits set forth in Division
4.00, the rating classification ("Type") of the
building shall be defined as follows:
Rating Building Occupant
Classification Type Load
Essential I Any
_______________________________________________________
High risk II 100 or more
_______________________________________________________
Medium risk III-A 100 or more
III-B More than 20,
but fewer than
100
_______________________________________________________
Low risk IV Fewer than 20
_______________________________________________________
An "essential" building shall be any building
that must be usable in the event of an emergency, and
shall include hospitals, police and fire stations and
disaster recovery centers. A "high risk" building
shall be any building with 100 or more occupants and
without masonry or woodframe crosswalls spaced less
than 40 feet apart in each story. A "medium risk
subclass A" building shall be any building with 100
or more occupants and with masonry or woodframe
crosswalls spaced less than 40 feet apart in each
story. A "medium risk subclass B" building shall be
any building with more than 20 but fewer than 100
occupants. A "low risk" building shall be any
building with fewer than 20 occupants.
Division 4.00. Timetable for Compliance. The
time limits set forth below shall begin to run from
the date the Seismic Retrofitting Code is adopted.
The owner of a building within the scope of this
Section shall comply with the requirements set forth
herein and in the Seismic Retrofitting Code by filing
for a permit, submitting plans to the Building
Official, commencing construction and completing
construction within the time limits specified below:
File for
Permit and
Submit
Plans to
Required Building Commence Complete
Action Building Official Construction Construction
By Owner Type Within Within Within
A. Install Type I,
Wall II, III,
Anchors: IV 180 Days 270 Days 1 Year
B. If Wall
Anchors
Installed,
Then Make
Structural
Alterations:
Type I 635 Days 2 Years 4 Years
(1 yr
9 mos)
Type II 635 Days 2 Years 4 Years
(1 yr
9 mos)
Type III 2825 Days 8 Years 10 Years
(7 yrs
9 mos)
Type IV 2825 Days 8 Years 10 Years
(7 yrs
9 mos)
File for
Permit and
Submit
Plans to
Required Building Commence Complete
Action Building Official Construction Construction
By Owner Type Within Within Within
C. If Wall
Anchors
Are Not
Installed,
Then Make
Structural
Alterations:
Type I 270 Days 1 Year 2 Years
Type II 270 Days 1 Year 2 Years
Type III 1000 Days 3 Years 4 Years
(2 yrs
9 mos)
Type IV 1365 Days 4 Years 5 Years
(3 yrs
9 mos)
_________________________________________________________________
Such plans shall be prepared by a State licensed
architect or engineer. After plans are filed and
approved by the Building Official, the owner shall
obtain a Building Permit and then commence and
complete the required construction within the time
limits set forth above. That portion of the plan
check and building permit fees that are allocable to
structural alteration of the building that is
necessary for compliance with the Seismic
Retrofitting Code shall be waived by the Building
Official.
An owner electing to install wall anchors
pursuant to the Seismic Retrofitting Code is also
required to structurally alter the building to make
it fully comply with the Seismic Retrofitting Code
within the time limits set forth herein.
Division 5.00. Historical Buildings.
Buildings designated as historically or
architecturally significant landmarks on national,
state or local historical registers shall comply with
the Seismic Retrofitting Code. At the Building
Official's discretion, modifications to the
retrofitting standards set forth in the Seismic
Retrofitting Code may be made so long as such
modifications are consistent with the provisions of
the State Historic Building Code.
Division 6.00. Demolition. An owner desiring
to demolish a building must nevertheless comply with
the provisions of this Code unless such owner
receives permission to demolish the building prior to
the time limits set forth in Division 4.00 herein for
the filing of a permit and the submitting of plans to
the Building Official. Such an owner shall submit a
Demolition Permit Application to the Building
Official and shall meet all of the requirements for
demolition imposed by this Code including but not
limited to those requirements set forth in Section
9048.1 of this Code before such a demolition shall be
permitted. Nothing in this Section or in the Seismic
Retrofitting Code 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.
Division 7.00. Appeal of Initial
Determination. The owner of any building may appeal
the Building Official's initial determination that
the building is within the scope of this Code to the
Building and Safety Commission as the Board of
Appeals established by Section 204 of the Uniform
Administrative Code, as amended and adopted at
Section 8101 of this Code. Such appeal shall be
filed with the Board within sixty (60) days from the
date the Seismic Retrofitting Code becomes effective.
Any such appeal shall be decided by the Board no
later than ninety (90) days after filing and the
grounds thereof shall be stated clearly and
concisely. Appeals or requests for modifications
from any other determinations, orders, or actions by
the Building Official pursuant to this Section may be
made in accordance with the procedures established in
Sections 105 and 106 of the Uniform Building Code and
Section 204 of the Uniform Administrative Code, as
adopted by the City.
Division 8.00. Enforcement. If the owner in
charge or control of the subject building fails to
comply with this Code within any of the time limits
set forth herein, the Building Official may order
that the entire building be vacated and that the
building remain vacated until this Code has been
complied with. If compliance has not been initiated
within ninety (90) days after the date the building
has been ordered vacated or such additional time as
may have been granted by the Board of Appeals, the
Building Official may (i) commence the building's
demolition in accordance with the provisions of
Section 203 of the Uniform Building Code and in
accordance with the Uniform Code for the Abatement of
Dangerous Buildings, as adopted by the City; or, (ii)
undertake and complete such structural alteration of
the building as may be necessary in the sole judgment
of the Building Official to cause the building to
conform to the earthquake standards specified in the
Seismic Retrofitting Code, and to cause a lien for
the costs of such structural alteration to be placed
against the property. No demolition may occur
pursuant to this Division 8.00 without compliance
with all City laws and regulations governing
demolitions.
Division 9.00. Appeal Based on Severe
Financial Hardship. The owner of any building may
appeal on the basis of severe financial hardship from
compliance with this Code. Such appeal shall be
filed with the City's Chief Financial Officer no
later than one hundred twenty (120) days after the
effective date of this Code. Any such appeal shall
be decided by the Chief Financial Officer no later
than ninety (90) days after filing and the grounds
thereof shall be stated clearly and concisely.
The burden shall be on the owner to demonstrate
conclusively that compliance with this Code shall
result in severe financial hardship. Documentary
evidence shall be submitted by the owner at the time
the appeal is filed and shall clearly demonstrate
that compliance with this Code shall result in severe
financial hardship. Such documentary evidence may
include, but shall not be limited to, the owner's tax
returns, general ledgers, rental and lease
agreements, personal and corporate income and expense
records, and any such other financial documents or
information as the owner desires to submit for
consideration or as the City's Chief Financial
Officer deems necessary or desirable in evaluating
the owner's claim of hardship. The failure of the
owner to provide any financial document or
information requested by the Chief Financial Officer
shall result in denial of the appeal.
Any person denied an appeal by the Chief
Financial Officer may appeal the denial to a three
person Financial Hardship Appeal Board established by
the City Manager. Any such appeal shall be made in
writing within ten (10) days of the denial and shall
be based on the evidence supplied to the Chief
Financial Officer. The Appeal Board may approve or
deny any appeal and may relieve an owner from
compliance with the requirements of Section 8.04.140,
Division 4.00 (A), (B), or (C) of this Chapter, as
the Appeal Board in its sole discretion deems
financially feasible. The decision of the Financial
Hardship Appeal Board shall be final except for
judicial review and shall not be appealable to the
City Council. The Appeal Board is authorized to
establish procedures for the processing and
consideration of appeals.
In any case where a building is exempted from
compliance with the Code on the basis of financial
hardship, such exemption shall be null and void and
of no further force or effect at the time the
building is sold or experiences a major change of
occupancy as defined in the Building Code.
SECTION 3. Section 8.04.190 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 8.04.190. Application.
(a) Any violation of the Uniform Codes
(contained in Sections 8101 through 8108 and in
Section 8112 of this Code) or local amendments
thereto (contained in Section 8109.1 through 8109.8
of this Code) shall be a misdemeanor as provided for
in Section 1200 of this Code.
(b) The amendments to the Uniform Codes and
local amendments thereto shall not in any manner
affect the prosecution for violations thereof, which
violations were committed prior to the effective date
of the ordinance adopting the Section and shall not
affect any prosecution or action which may be pending
in any court for the violation of any of the
provisions thereof. As to any such violation or as
to any such prosecution or pending prosecution or
action, the Uniform Codes and local amendments
thereto in effect prior to the adoption of the
ordinance adopting this Section shall be deemed to
continue and be in full force and effect.
(c) The provisions of the amendments to the
Uniform Codes and local amendments thereto, insofar
as they are substantially the same as the provisions
in effect prior to the adoption of the ordinance
adopting this Section shall be construed as
restatements and continuations and not as new
enactments.
(d) The provisions of Sections 8109.1 through
8109.7 are adopted pursuant to Article XI, Section 7
of the California Constitution in addition to the
authority contained in the Health and Safety Code and
are adopted to protect the public health, safety, and
welfare of the City.
(e) The preamble to the ordinance adopting
this Section should be consulted for further
findings, background, and legislative history.
SECTION 4. Any provisions 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 affect the provisions of this Ordinance.
SECTION 5. 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 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
__________________________________
JOSEPH LAWRENCE
Acting City Attorney