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CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director
Dept: Development Services
(G(Q)f?>)f
Subject: Review of the City's Unreinforced Masonry Building
Mitigation Program and Consideration of proposed
Ordinances amending SBMC Chapter 15.12 relating
to time limits for compliance.
Date: May 12, 1999
FileNo:
MCCDATE: May17,1999
Synopsis of Previous Council Action:
MC982 Adopted September 16, 1996 provided a 3 year extension of the time limits for compliance.
Recommended Motion:
That further reading of Ordinance "A" be waived and that said Ordinance be laid over for final adoption.
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Contact Person: Joseph Lease or Henry Empeno
Supporting data attached: Staff Report
Phone: 5171/5235
Ward: all
FUNDING REQUIREMENTS:
Amount: -0-
Source (Ace!. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Review of the City's Umeinforced Masonry Building Mitigation Program and Consideration of alternate
proposed Ordinances amending SBMC Chapter 15.12 relating to time limits for compliance.
Backl!round:
The California Government Code, Section 8875.1 requires all cities within seisrnic zone 4 to identify potentially
hazardous unreinforced masonry (URM) buildings and to establish mitigation programs. The City of San
Bernardino's URM Mitigation Program is contained in Chapter 15.12 of the San Bernardino Municipal Code.
Chapter 15.12 requires URM buildings to be seismically strengthened to resist the damaging effects of
earthquakes in order to mitigate the potential for loss of life or injury during future events. All of the known
URM buildings in the City have been issued compliance orders. Buildings falling within Hazard Classification
II were required to obtain a building permit by April 15, 1999 (other classifications have subsequent deadlines).
The building official is required to issue orders to close and vacate buildings which fail to meet this deadline
(SBMC 15.12.040, UCBC A111.(C)6). In preparation for this deadline a survey of the buildings and
businesses contained within the Class II designation was recently completed. The results are summarized
below:
CLASS II BUILDING SURVEY
No. of Buildings: 26
No. Vacant: 4
No. Occupied: 22
No. of Affected Businesses: 33
Prior to commencing abatement actions against the noncomplying buildings this matter is being brought before
the Mayor and Common Council to review the issues involved and to decide whether the existing ordinance
should be enforced, resulting in the closure of 21 occupied buildings currently having a noncompliance status,
or to consider options for amending the ordinance. This same deadline originally came due in April 1996, at
which time the council opted to amend the ordinance to allow an additional three years for compliance. This
was done to avoid the negative economic impacts which would have resulted from numerous business closures
and relocations as a consequence of the building closures. Also, there was an expectation that economic
conditions might improve to a point where retrofitting might be financially feasible for building owners. Many
building owners continue to express that due to low occupancy and lease rates, seismic strengthening is not
financially viable for them. Since economic conditions have not significantly changed the Council may wish to
. consider several options at this time. Potential options include, but are not limited to the following:
Ootions:
A. Adopt the proposed Ordinance "A"amending SBMC Chapter 15.12 to allow an additional five years for
compliance.
It should be noted that the Class IT buildings comprise only about a quarter of the URM buildings in the City.
There are a total ofl19 URM buildings in the City that have yet to comply with SBMC 15.12. The Class ill
and IV buildings have later deadlines. The proposed ordinances (noted in Options A and B) would affect the
time liruits for all of these buildings. Because the time liruits for Class IT buildings have expired,
Councilmembers have requested that these two ordinances be proposed for consideration.
Additional information is attached, which includes a list of affected businesses in Class IT buildings
(Addendum A) and a summary of the City's Unreinforced Masonry Building Mitigation Program (Addendum
B).
Financial Imoact:
Dependent upon the action taken. If business closures occur the City would experience a loss of an
undeterruined amount of sales tax revenue.
Recommendation:
That the Mayor and Common Council adopt Ordinance" A" (identified as option A above) providing for a
five year extension of the time limits, and lay said Ordinance over for final adoption.
ADDENDUM A
BUSINESSES LOCATED IN CLASS II UNREINFORCED MASONRY BUILDINGS
Address/Businesses
1. 281-291 W. Baseline St./1181-1191 N. Arrowhead
- (vacant) (281)
Quick Pawn (291)
Botanica (1181)
Salon De Belleza (1185)
La Tambora (1187)
Las Polencias Botanica (1191)
2. 456 W. Baseline St.
- (vacant)
3. 535 W. Baseline St.
- Value Plus Furniture
4. 1023 W. Baseline St.
- (vacant)
5. 362-366 N. D St.
- Lara's Boxing Gym (364)
- S.B. Jewelry and Loan (366)
6. 361-369 N. ESt.
- (New - unknown) (361)
- Airwave Communications (365)
- Louie The Tailor (369)
7. 961 N. ESt.
- Valley Thrift
8. 1233-1235 N. ESt.
- Las palmas Restaurant
9. 410 S. ESt.
VACANT
10. 1156 N. F St.
- Victory Chapel
Notes & Status
Plans submitted
10/16/95-
Plan Check
Expired-
noncompliance*
No action
noncompliance
No action
noncompliance
No action
noncompliance
Plans submitted
1/11/95 -
Plan Check
Expired -
noncompliance
Plans submitted
10/31/95-
Permit obtained
1/27/97 - Expired-
noncompliance
Permit for Partial
plans for
remainder
Plans submitted
10/11/95 - ready to
issue 12/21/95 -
Plan Check Expired
- Noncompliance
No action
noncompliance
Plans submitted
9/13/95 - Plan
Check Expired-
noncompliance
11. 137 S. G St.
- San Bernardino Arena
No action
noncompliance
12. 338-340 w. Highland Ave.
- Dance Magic (338)
No action
noncompliance
13. 339-349 W. Highland Ave.
- (vacant) (339)
- Noyes Bakery (341)
- Chandler's Wind Up (347)
- Hair International (349)
No action
noncompliance
14. 346 W. Highland Ave.
- Harris Kempo Karate
Plans submitted
11/21/95 - Plan Check
Expired -
noncompliance
15. 357 W. Highland Ave.
- GoldBal1 Billiards
Plans submitted -
Permit issued.
Partial construction
completed Permit
Expired
16. 472-474 W. Highland Ave.
- Sin City Tattoo (474)
- Glady's Video Games
No action
noncompliance
17. 602 N. Mt. Vernon
- Mitla's Cafe
No action -
noncompliance
18. 610 N. Mt. Vernon
VACANT
No action -
noncompliance
19. 644 N. Mt. Vernon
- Fonseca's Discount Store
No action
noncompliance
20. 1168 N. Waterman/290 E. Orange
- Tabernacle Church
No action
noncompliance
21. 467-473 W. 4th St.
- Security Loan and Jewelry (467)
- Inland School of Performing Arts (469)
- Fat Freddies (471)
Plans submitted
10/16/95 - Permit
issued 12/6/95
Permit Expired
22. 1199 W. 5th St.
- Los Faroles Restaurant
No action -
noncompliance
23. 1562-1564 W. 5th St.
- Club Trinidad
No action -
noncompliance
24. 1788 W. 5th St.
- Unity Missionary Baptist Church
No action -
noncompliance
25. 1242 W. 6th St.
- Iglesia Apostolica De La Fe En Christo Jesus
No action -
noncompliance
26. 1524 W. 7th St.
- Cas a Ramona Inc.
Demo. & Reconstruction
Pending Environmental
Review 4/8/99
Summary of Class II Buildinas
Number of Buildings
26
Buildings with No Action
16
Buildings Not in Compliance
- Vacant:
- Occupied:
- No. of affected businesses
25
4
22
33
Plan Checks Pending or Completed
7
Active Permdts ***
o
Expired Permdts
3
NOTES:
* The status "noncompliance" denotes whether the owner has met the most
recent deadline of April 15, 1999. Permits are required by this date for
Class II buildings.
** The term "no action" indicates that none of the required steps have been
taken to retrofit the building (i.e engineering evaluation, plans
submittal, permit issuance, commencement of construction, etc.)
*** Does not include buildings that are no longer on the list due to full
compliance.
ADDENDUM B
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
UNREINFORCED MASONRY BUILDING
MITIGATION PROGRAM
SUMMARY
Unreinforced Masonry Buildings (URM's), as the name implies, are building
which lack adequate structural steel reinforcement, and therefore lack the ability
to resist the shaking effects of earthquakes. In addition to the lack of adequate
steel reinforcement within the masonry walls, these buildings have other inherent
weaknesses such as l)unbraced masonry parapets which may fall onto sidewalks
or streets, 2)a lack of structural attachment of the floor and roof diaphragms to the
walls, which allows excessive movements in the walls and which may lead to
collapse. In San Bernardino these buildings were typically constructed prior to
July, 1938.
As are most areas in California, San Bernardino is situated .in a seismically active
region. Two major earthquake faults, the San Andreas and the San Jacinto,
traverse the city and the surrounding communities, and represent substantial risks
to seismically vulnerable structures. Numerous studies conducted in the aftermath
of earthquakes throughout the world have demonstrated that unreinforced masonry
(URM) buildings suffer a greater amount of damage and contribute to a greater
loss of life than any other type of structure. Because of the unique risks associated
with URM buildings, the State Legislature passed into law SB 547 (Alquist) in
1986. This law requires local jurisdictions to identify URM buildings and to
establish mitigation programs to alleviate the potential hazards. The law does not
specify that mandatory strengthening is a necessary element of a city's mitigation
program.
In response to this law, the City has identified and established a list of URM
buildings, and has adopted an ordinance which requires that these buildings be
rehabilitated in accordance with the adopted State design standards. These design
standards are less stringent than the building code requirements for new masonry
buildings, and are not intended to make the building "earthquake proof'. Instead,
their purpose is to reduce the risks of loss of life or injuries caused by partial or
total collapse of the building in the event of a moderate to severe earthquake.
The City's ordinance, SBMC Chapter 15.12 has several key features:
1. It adopts the UCBC Appendix Chapter 1, which is the State of California
design standard for the strengthening of URM buildings.
2. It categorizes the buildings into "hazard classifications" based upon the
allowable occupant load and the relative hazard. These classifications are:
Classification Occupant Load
I (essential services buildings)
II (high risk) 100 or more
III (medium risk) 20 to 99
IV (low risk) less than 20
3. It establishes time limits for strengthening the buildings which vary based
on the hazard classification. These time limits vary from 3 to 11 years and
are measured from the date a Notice and Order is issued. An amendment
to the ordinance in 1996 added an additional 3 years to all of the deadlines.
4. It provides that those buildings which are not strengthened within the time
limits must be vacated.
In 1994 Notices were issued to the owners of URM building currently on the list.
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ORDIRARCB RO.
ORDIRARCE OF THE CITY OF SAR BERRARDIRO AMBRDIRG SECTIORS
15.12.100, 15.12.110, ARD 15.12.120 OF THB SAR BERRARDIRO
MURICIPAL CODE EXTERDIRG THE TlMELIMITS FOR RETROFITTIRG
UJlREIRP'ORCED MASORRY BUILDIRGS; ARD AMBRDIRG SECTIOR 15. 12 .140
ESTABLISHIRG THE PERALTY FOR RORCOMPLIARCE.
JI01f, THEREFORE, THE MAYOR ARD COMMOR COUJICIL OF THE CITY OF
SAR BERRARDIRO DO ORDAIR AS FOLLOWS:
SECTION 1. Section 15.12.100 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"15.12 .100 Class II Buildings, Compliance Extension and Sign
Posting.
Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that
the building is an unreinforced masonry building, whether vacant
or occupied, that has been designated Class II by the Building
Official shall comply with the following:
a. The building owner shall receive 1) an extension to
April 15, 2004 to submit a structural analysis and plans; and 2)
an extension to April 15, 2005 to obtain a building permit from
the Building Official, provided that within 30 days of receiving
written notice of this section, said building owner shall post and
maintain in a conspicuous and unobstructed place at the entrance
of the building, a sign not less than 5" X 7" the following
statement, printed in not less than 30-point bold type:
"This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the
event of a major earthquake."
b. If the sign provided for in subsection (a) is not
posted or maintained as required, the building owner shall vacate
the premises as required pursuant to Section 15.12.040 Subsection
6 .A."
SECTION 2. Section 15.12.110 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"15.12.110 Class III Buildings, Compliance Extension and Sign
Posting.
Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that
the building is an unreinforced masonry building, whether vacant
or occupied, that has been designated Class III by the Building
Official shall comply with the following:
a. The
April 15, 2005
building owner shall receive 1) an extension to
to submit a structural analysis and_~lans; and 2)
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
15.12.100, 15. 12.110, 15.12.120, AND 15.12.140 OF THE SAN BERNARDINO MUNICIPAL
CODE.
an extension to April 15, 2006 to obtain a building permit from
the Building Official, provided that within 30 days of receiving
written notice of this section, said building owner posts and
maintains in a conspicuous and unobstructed place at the entrance
of the building, a sign not less than 5" X 7" the following
statement, printed in not less than 30-point bold type:
"This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the
event of a major earthquake."
b. If the sign provided for in subsection (a) is not
posted or maintained as required, the building owner shall vacate
the premises as required pursuant to Section 15.12.040 Subsection
6 .A..
SECTION 3. Section 15.12.120 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"15.12.120 Class IV Buildings, Compliance Extension and Sign
Posting.
Notwithstanding any other provlslon in this Chapter, any
building owner who has received actual or constructive notice that
the building is an unreinforced masonry building, whether vacant
or occupied, that has been designated Class IV by the Building
Official shall comply with the following:
a. The building owner shall receive 1) an extension to
April 15, 2007 to submit a structural analysis and plans; and 2)
an extension to April 15, 2008 to obtain a building permit from
the Building Official, provided that within 30 days of receiving
written notice of this section, said building owner posts and
maintains in a conspicuous and unobstructed place at the entrance
of the building, a sign not less than 5" X 7" the following
statement, printed in not less than 30-point bold type:
"This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the
event of a major earthquake."
b. If the sign provided for in subsection (a) is not
posted or maintained as required, the building owner shall vacate
the premises as required pursuant to Section 15.12.040 Subsection
6 .A..
SECTION 4. Section 15.12.140 establishing the penalty
for noncompliance is hereby amended to read as follows:
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
15.12.100,15.12.110, 15.12.120, AND 15.12.140 OF THE SAN BERNARDINO MUNICIPAL
CODE.
"15.12.140 Penalty.
Failure to comply with Sections 15.12.100, 15.12.110 or
15.12.120 is an infraction, and every day the building owner fails
to vacate the premises or display the sign mandated by this
Chapter, shall constitute a separate violation of this section.
The penalty provided for in this section does not exclude any
other remedy and shall not be construed to prevent the City from
also bringing an administrative proceeding or other civil action
to cause any building to be vacated and or demolished."
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SEcrIONS
15.12.100,15.12.110, 15.12.120, AND 15.12.140 OF THE SAN BERNARDINO MUNICIPAL
CODE.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common
Council of the City of San Bernardino at a meeting thereot; held on the day of
. 1999, by the foUowing vote, to wit:
Council Members:
AYES NAYS ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
ANDERSON
DEVLIN
MILLER
Rachel Clark, City Clerk
The foregoing ordinance is hereby approved this _ day
,1999.
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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ORDIRARCE RO.
ORDIRARCE OF THE CITY OF SAR BERJIJUU)IRO ADDIRG SECTIOR
15.12.005 TO THE SAR BERJIJUU)IRO MURICIPAL CODB CBARGIRG THB
TIMELIMITS FOR RETROFITTIRG URRBIRFORCBD MASORRY BUILDIRGS FROM
MARDATORY TO PBRMISSIVE; ARD AMBIfDIRG SECTIOR 15.12.140
ESTABLISHIRG THB PERALTY FOR RORCOMPLIARCE.
ROW, THEREFORE, THE MAYOR ARD COMMOR COURCIL OF THE CITY OF
SAR BERRARDIRO DO ORDAIR AS FOLLOWS:
SECTION 1. Section 15.12.005 is hereby added to the San
Bernardino Municipal Code to read as follows:
"15.12.005 Permissive Timelimit:s.
Notwithstanding any other provision in this Chapter, any
timelimit or date stated in this Chapter within which the owner of
a legally occupied building "shall" comply, etc., is hereby
changed to "may" comply, etc. ; that is, from mandatory to
permissive, except that the requirements, as stated in Sections
15.12.100, 15.12.110, and 15.12.120, that the building owner shall
post and maintain warning signs, remain mandatory."
SECTION 2. Section 15.12.140 establishing the penalty
for noncompliance is hereby amended to read as follows:
"15.12.140 Penalty.
Failure to comply with Sections 15.12.100, 15.12.110 or
15.12.120 is an infraction, and every day the building owner fails
to vacate the premises or display the sign mandated by this
Chapter, shall constitute a separate violation of this section.
The penalty provided for in this section does not exclude any
other remedy and shall not be construed to prevent the City from
also bringing an administrative proceeding or other civil action
to cause any building to be vacated and or demolished."
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ORDIIIJUICB OF TBB CITY OF SU BBUARDIRO ADDIlfG SBCTIOR
15.12.005 . . . CIlARGIRG THB TIMBLIMITS FOR RBTROFITTIRG
UI1RBIRFORCBD MASORRY BUILDIRGS FROM MARDATORY TO PERMISSIVE; ARD
AMBRDIlfG SBCTIOR 15.12.140 BSTABLISHIRG DB PDALTY FOR
RORCOMPLIUCB.
I HEREBY CERTIFY
adopted by the Mayor
San Bernardino at a
day of
that the foregoing ordinance was duly
and Common Council of the City of
meeting thereof, held on the
, 1999, by the following vote, to wit:
Council Members:
AnS
&IS.
ABSTAIN
ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
ANDERSON
DEVLIN
MILLER
Rachel Clark, City Clerk
The foregoing ordinance is hereby approved this
of , 1999.
day
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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