HomeMy WebLinkAbout1992-06-09; City Council; 11729; AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.07 ENTITLED "UNREINFORCED MASONRY BUILDINGS"2 ,m
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* C17@ OF CARLSBAD - AGENP) BILL 3u. .,
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CITY A1
DEPT. 1 TITLE: AMENDING TITLE 18 OF THE'CARLSBAD
MTG.~
DEPT.ALL- CITY MI MASONRY BUILDINGS"
"UNICIPAL CODE BY THE ADDITION OF
CHAPTER 18.07 ENTITLED "UNREINFORCED
RECOMMENDED ACTION:
Adopt Ordinance No. b- l7f amending Title 18 of the Carlsbad Municipal Code
addition of Chapter 18.07 entitled "Unreinforced Masonry Buildings".
ITEM EXPLANATION
In 1986 the State of California enacted the Unreinforced Masonry Building Law (Chapt
statutes of 1986; SB 547 (August); Government Code Section 8875 et seq.). The k
passed to minimize the risk to life from buildings which are vulnerable to earthquake
unreinforced masonry buildings. The law requires local Building Departments, in Seism:
4, to identify all "potentially hazardous buildings" and establish a program for mitigr
identified potentially hazardous buildings. Staff has identified the potentially hazardous bl
and is recommending adoption of the Uniform Code for Building Conservation AI
Chapter 1 as Carlsbad's program for mitigation.
The Ordinance requires a building owner to have a licensed architect or civil .or st]
engineer analyze the building and demonstrate its compliance or non-compliance with earl
standards within 270 days after notification. Should repairs be necessary, the owners ha)
years to complete the construction. According to SB 547, the owners bear full respon
for compliance with the local mitigation program. Nothing in the State law makes th
government responsible for paying the cost of strengthening a privately owned struct
preparing the engineering analysis, investigation, or design.
The Building Department has met with the property owners affected by this Ordinance,
were provided with a list of Engineers and Testing Laboratories familiar with this type 0:
They also received an explanatory package which included draft copies of the City Or(
and the referenced Code.
Some property owners have expressed concern over whether the City will serve
immediately after the Ordinance is in effect. The service of order subsection (18.07.0
been modified since this item was placed on the June 9, 1992 City Council Agenda. Th
"shall" was changed to "may" to allow a flexible time frame to elapse based upon inc
building and owner considerations.
Again, the goals of the Ordinance are to fulfill the City's State mandated obligation to
mitigation program for unreinforced masonry buildings, to minimize the threat to life ths
buildings pose in the event of an earthquake while preserving the character of our Villag
The following is a list of the affected properties:
1. 505 Carlsbad Village Drive Giacolletti Music Building
2. 2946 State Street Pacheco Property
3. 2960-72 State Street Garcia Property
4. 1967-81 State Street Balsam Property
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c 0 Page Two of Agenda Bill No. )),, 72-7 0
5. 2940-42 State Street Anderson Property 6. 563-75 Carlsbad Village Drive Wonder Bakery Building
7. 2808-22 State Street Carlsbad Theatre
8. 2855 Carlsbad Boulevard Carlsbad by the Sea
Lutheran Home
FISCAL IMPACT
Building owners will be responsible for paying the costs of the engineering analysis :
subsequent repairs to the structures. The City will charge a flat rate plan review fee of $
and should repairs be necessary, issue a $0 valuation repair permit for $25.00.
EXHIBIT
1. Ordinance No. NS djyf
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ORDINANCE NO. NS- 198
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E OF THE CITY COUNCIL OF THE CITY OF CARL!
ENDING TITLE 18 OF THE CARLSBAD MUNICIPAL COI
CHAPTER 18.07 ENTITLED "UNREINFORCED MAS
of California has enacted Chapter 12.2 of Division 1 of Til
6 :he California Government C quake Safety" (GCg 8875 et. seq
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WHEREAS, the S sion has established certain c
guidelines, and requirem f unreinforced masonry struct.
accordance with this law, and 9
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WHEREAS, The tends to adopt and comply wi 11
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NOW, THEREF ty of Carlsbad does hereby or 14
Commission. 13
xiteria, guidelines, and this law and the State Seismic
l5 Ilfollows: \ 7 SECTION I: That Title 18 of the Carlsbad M is amended by the s
f Chapter 18.07 to read as follows: 18
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UNREINFORCED MAS0
Sections:
"ChaDter 18.07
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18.07.010 Title
18.07.020 Uniform Code for Building Conservation
18.07.030 Actions by the Building Official
18.07.040 Uniform Building Code \
18.07.010 Title. The title of this chapter shall be Unreinforced Mason Buildi a
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1 Chapter 1 of the Uniform Code for Building Conservation, 1991 edition, published
ce of Building Officials (hereinafter referred to as "Code") is
orporated by reference as the rules, regulations, technical guideli~
rposes of this ordinance. A copy of said Code is on file in the o
ns by the Building Official. Whenever it is determined by the B
sbad or his or her designee that a building falls within the critl
cture as defined by the Code, The Building Official and his
ure that the provisions of the Code relating to mitigation are
8 out as follows:
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an order, as provided
of each building within the scope of this Chapter. 1
the owner as shown u]
apparent charge or COI
within the scope of tht
cial deems appropriat
bulletin may be issued by or in person. The minimum time period
the date of service
written request fr
ance with this (
set forth in this C1
d shall be served
er as shown on th
22 therefore, is required to meet the minimum seismic standards as designata
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compliance. / Code. The order shall be accompanied by a copy of ction 18.07.030 Sut
(5) of the Chapter, which sets forth the owner's alte atives and time lir
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(3) Appeal from Order. The owner of the building may appeal th Building 0
initial determination that the building is within the scope of this hapter to 1 \
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the owner, and upon such hearing date or such dates to which the hearing
continued, the City Council shall finally determine whether or not such req
Code as a result of structural alterations or an analy
(A) The owner of building within the scope of this Chapter shal
be structurally alter
which is subject to app the Building Official, whil
the Code; or
the Code; or
Section All0 of the Code.
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(C) After plans are submitted and approved by the Building Official, tl
shall obtain a building permit and then commence and complete the
construction within the time limits set forth in the Table below. TI.
limits shall begin to run from the date the order is served in acc
with Section 18.07.030(1), except that the time limit to co
structural alteration shall begin to run from the date the building I
issued. The Building Official may order compliance at an earlier d;
owner requests an earlier date in writing.
6. I 7 \ TABLE A-l-G
TIME LIMITS FOR COMPLIANCE
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!I Required Action Obtain Building Commence Comc by Owner Permit Within Construction Cons1
/I Within Withii \ 9 11
10 j/ it Structural 11 11 Alterations or
!! Building
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13 11 Wall Anchors
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180 d s2
1 80 days' 3 yea
270 days' 1 yea
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I' ' Measured from of building permit issuance.
15 jj 2 Measured from of service of order. i j
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(D) Owners electing to comply w1 Section 18.07.030(5)(B)(iii) above
required to comply with Sectio 18.07.030(5)(B)(ii) and all applica
limits, 1
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20 I/ (6) Historical Buildings. Alterations or rep s to qualified historical buildi
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22 I j Sections 18950 et seq.), as designated on offici national, state, or local hi
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! and as regulated by the State Historical Bui ing Code (Health and Safet
defined by Section 18955 of the Health and afety Code of the State of Ca
registers or inventories shall comply with the C ifornia Historical Buildin
(California Cade of Regulations Title 24, \ Buildin Standards, Part 8), in z 23 /I )I to this Chapter. 24 " I1 \ 25 I! if
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(7) Enforcement. ' If the owner in charge or control of the subject building
uilding Official pursuant to this Ch
Section 18.07.030, the Building
building has been properly served
owner, then the Building Official sh2
order has been complied with.
-conforming URM buildings. Notwithstanding Chaptt
any unreinforced masonry building
which is withi hapter is determined to be non-con
tandards set forth in the Carlsbad Municip;
to be replaced with the same non-conform
This shall include bui footprint, height, total square footage and
e effective thirty days after its adopt
11 the City Clerk shall certify to the adoption of this rdinance cause it to be published at le
" 12 in the Carlsbad Journal within fifteen days after its a tion.
13 INTRODUCED AND FIRST READ at a regular eeting of the Carlsbad City \ l4
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held on the day of 9
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1992 and thereaft \
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
, 1992, by the following vote, to wit:
ABSENT:
APPROVED AS TO FORM:
- RONALD R. BA
CLAUDE A. LEWIS, Mayor
ATTBT: \ i ALETHA L. RAUTENKRANZ, City Clerk
(SEAL) \
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June 9, 1992
Carlsbad BY THE SEA
A California Lutheran Home Our analysis of the ordinance leads us to believe that the path to
compliance can be costly and time consuming.
While we have every intention of complying with the seismic strengthening of our building, we have grave concerns over the
conditions the ordinance creates.
The ordinance contains time limits, (5) (B), which'may or may not
be feasible, and these time limits are triggered by a "Service of Order" (18.07.030 (1)) which shall (may) be issued at any time.
Assurances by staff that they have no intention of issuing/serving
an order immediately and perhaps never, so long as they are satisfied with the efforts of the owner to comply with the strengthening provisions in the ordinance.
By way of analogy, this is tantamount to having our heads on the chopping block. Good intentions can change; staff can change; L.A. could suffer an earthquake; the City Risk Manager could insist upon immediate compliance, etc., etc.
The issuance of the service order, as we understand it, could result in cancellation of our insurance (or in a huge increase in premiums) and also adversely affect loans or applications for loans. It is our intention that a service of order would never take place. The best way to accomplish this is to let us stand at the bottom of the stairs leading to the guillotine while we move through the process of compliance.
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I We also have concerns about the cost of compliance and we sincerely
believe that the faster you make us move, the more it will cost.
Another concern we have is if the cost to comply runs between
$100,000 and $400,000 is our ability to obtain a loan within the time limits established by the ordinance. And, by the way, other
cities have provided assistance in securing loans for retro-fitting and we would also like to have such assistance.
In summary, we do appreciate the problem the city has and we praise the staff's efforts and their good intentions, however, we respectfully urge the Council to direct the staff to modify the ordinance and bring it back this fall when, hopefully, we could urge passage of an ordinance that benefits all concerned.
Thank you for your patience and understanding - and for truly listening. -@+& f. /?-. Rochambeau
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2855 Carlsbad Boulevard Carlsbad, CA 92008 (619) 729-2377 FAX (619) 729-9045