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HomeMy WebLinkAbout23-Development Services , . 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. , 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. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 1 No ,18 ~7/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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." IIII IIII 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of 20 21 22 23 24 25 26 27 28 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 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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." IIII IIII 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2