HomeMy WebLinkAbout1992-06-23; City Council; 11755; AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.07 ENTITLED "UNREINFORCED MASONRY BUILDINGS".-
\ 1. CITUF CARLSBAD - AGENDQglLL , c/ -'..A
J AB# } i, 7 5 f TITLE: AMENDING TITLE 18 OF THE CARLSBAD DEPT. t
CITY A1 MTG. cd23-P z MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 18.07 ENTITLED "UNREINFORCED
m I DEPT.+& I MASONRY BUILDINGS'' IClTY M " n, I I I
UJ CI
F: 9
E -4
a,
Q) VI
a,
[o cd
i-l a,
PI
a a, CI
c) a, k k 0 c)
[o
(d
co m rl
Cn I
zi
d
2
z
a, c)
F:
a -4
k 0
a a, u a 0 a cd
i-l .I4 2 g U
c\l
~~ ~
RECOMMENDED ACTION:
ADOPT Ordinance No. NS-198 amending Title 18 of the Carlsbad Municipal Code
addition of Chapter 18.07 entitled "Unreinforced Masonry Buildings".
ITEM EXPLANATION
At the June 9, 1992 City Council meeting this item was continued until the June 23
meeting. During the public hearing portion of the meeting some property owners expn
desire to have a voluntary rather than a mandatory program for the mitigation of unreir
masonry buildings. Council also requested staff to develop a means by which coop
building owners could proceed towards eventual compliance within their own means.
Staff is recommending the addition of a new subsection in Section 18.07.030(5) titled (E)
is a voluntary program of compliance that owners may participate in. It requires the ov
notify the Building Official of hidher intent to initiate a voluntary compliance program
30 days of the effective date of the ordinance. The owner then has one year to have an a
of the building completed and plan checked by the Building Department. When the scope
repairs necessary is known, the owners and the Building Official then agree to a sched
repairs. The Building Official may issue an order for compliance if the agreed upon sc
is not then adhered to. Should other buildings be discovered as falling within the criteria
Chapter, the owners of those buildings will also have the opportunity to participate
voluntary compliance program.
As this ordinance is proposed the only deadline an owner faces is to notify the Building C
within 30 days of the effective date of the Ordinance their intent to participate voluntarilq
program. The owners then have one year from the date of that notice to have an analy:
plans prepared for the building in question. None of the limits in the Ordinance's Table
are applicable unless the Building Official serves an official order to an uncooperative c
FISCAL IMPACT
Building owners will be responsible for paying the costs of the engineering analysis a
subsequent repairs to the structures. The City will charge a flat rate plan review fee of $21
and should repairs be necessary, issue a $0 valuation repair permit for $25 .OO.
'Z C3-l .. zo EXHIBIT
"-F -0 4 1. Ordinance No. NS-198 - Revised < z 3 0 0
.
,/
I
I '.* 11 m
bJ e m
i II
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARL 2
ORDINANCE NO. NS - 19 8
3
4
CALIFORNIA AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CO
THE ADDITION OF CHAPTER 18.07 ENTITLED "UNREINFORCED MAE
BUILDINGS"
5 WHEREAS, the State of California has enacted Chapter 12.2 of Division 1 of Ti
6
7
the California Government Code entitled " Building Earthquake Safety" (GCS 8875 et. w
guidelines, and requirements regarding the mitigation of unreinforced masonry strucl
WHEREAS, the State Seismic Safety Commission has established certain (
a
9 11 accordance with this law, and 10
11 WHEREAS, The City of Carlsbad desires and intends to adopt and comply w
12 criteria, guidelines, and requirements in accordance with this law and the State Seismic
13 Commission.
14 NOW, THEREFORE, the City Council of the City of Carlsbad does hereby o
I.5 // follows:
16
17 SECTION I: That Title 18 of the Carlsbad Municipal Code is amended by the
l8 II of Chapter 18.07 to read as follows:
19 I1 "Chapter 18.07
20
21
22
23
24
25
26
27
UNREINFORCED MASONRY BUILDINGS
Sections:.
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 Masonry Build
I .... 28
(1 m m
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18.07.020 Uniform Code for Building Conservation adopted bv reference. Cha
the Appendix, and Sections 108, 109, 201, 203, 204, and 205 in the Uniform Code for
Conservation, 1991 edition, published by the International Conference of Building
(hereinafter referred to as "Code") is hereby adopted and herein incorporated by referen
rules, regulations, technical guidelines and specifications for the purposes of this ordin
copy of said Code is on file in the office of the City Clerk.
18.07.030 Actions bv the Building Official. Whenever it is determined by the
Official of the City of Carlsbad or his or her designee that a building falls within the CI
an unreinforced masonry structure as defined by the Code, The Building Official and h
designee shall take steps to ensure that the provisions of the Code relating to mitigation a
out as follows:
(1) Service of Order. The Building Official shall, if the property owner ela
voluntarily participate under Subsection (5)qE), issue an order as providc
section to the owner of each building within the scope of this Chapter. 1
shall be in writing and shall be served either personally or by certified or I
mail upon the owner as shown on the latest equalized assessment roll, and
person, if any, in apparent charge or control of the building.
Prior to the service of an order a bulletin may be issued to the owner ~
upon the latest equalized assessment roll or to the person in apparent (
control of a building considered by the Building Official to be within the
the Code. The bulletin may contain information the building offici
appropriate. The bulletin may be issued by mail or in person.
(2) Contents of Order. The order shall specify that the building has been dr
by the Building Officiaf to be within the scope of this Chapter and, the
required to meet the r.' .imum seismic standards as designated in the Cc
order shall be accomp .A by a copy of Section 18.07.030(5), which sets
owner's alternatives and time limits for compliance.
(3) Appeal from Order. The owner of the building may appeal the Building
initial determination that the building is within the scope of this Chapter tc
Council, Such appeal shall be filed with the City Clerk within 60 days
date of service of the order described in this section. Appeals or re<
modifications from any other determinations, orders or actions by the
Official may be appealed to the Community Development Director for a d
tion. In the event the owner is dissatisfied with the decision of the Cc
Development Director, the owner may appeal the decision to the City C
filing with the City Clerk a written notice of appeal within ten calel
following the decision of the Community Development Director. The Cit
shall thereupon set a hearing date for the hearing of such appeal, shall so
Community Development Director and
....
2.
&
x ll m m
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
I1
the owner, and upon such hearing date or such dates to which the hearing 1
continued, the City Council shall finally determine whether or not such reql
modifications from other determinations, orders or actions shall be apprc
denied. The decision of the City Council shall be final.
(4) Recordation of Order. At the time that the Building Official serves the on
Building Official shall also file with the Office of the County Recc
certificate stating that the subject building is within the scope of this Chap
is a potentially earthquake hazardous building. The certificate shall also st
the owner thereof has been ordered to structurally analyze the building
structurally alter it where compliance with the requirements set forth
Chapter have not been met. If the building is found not to be within the s
this Chapter, or is structurally capable of resisting minimum seismic
required by the Code as a result of structural alterations or an analy
Building Official shall file with the Office of the County Recorder a
terminating the status of the subject building as being classified within th
of this Chapter and the Code.
(5) Compliance Requirements
(A) The owner of each building within the scope of this Chapter shal
service of an order and within the time limits set forth in the Codc
a structural analysis to be made of the building by an engineer or a
licensed by the state to practice as such and, if the building does not
with earthquake standards specified in the Code, the owner shall ca
be structurally altered to conform to such standards.
(B) The owner of a building within the scope of this Chapter shall coml
the requirements set forth above by submitting to the Building Off
review, the following information, within the stated time limits:
(i) Within 270 days after service of the order, a structural a
which is subject to approval by the Building Official, whi
demonstrate that the building meets the minimum requirer
the Code; or
(ii) Within 270 days after service of the order, the structural
and plans for structural alterations of the building to coml
the Code; or
(iii) Within 120 days after service of the order, plans for the ins
of wall anchors in accordance with the requirements spec
Section All0 of the Code.
....
....
3.
/I m m
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
(C) After plans are submitted and approved by the Building Official, t
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 ac
with Section 18.07.030(1), except that the time limit to c(
structural alteration shall begin to run from the date the building
issued. The Building Official may order compliance at an earlier c
owner requests an earlier date in writing.
TABLE A-1-G
TIME LIMITS FOR COMPLIANCE
Required Action
by Owner
Structural
Alterations or
Building
Wall Anchors
Obtain Building
Permit Within
1 year’
180 days’
Commence cow
Construction Con,
Within Witt
180 days’ 3 Ye
270 days’ 1 YE
’ Measured from date of building permit issuance.
2 Measured from date of service of order.
(D) Owners electing to comply with Section 18.07.030(5)(B)(iii) abov
required to comply with Section 18.07.030(5)(B)(ii) and all applic
limits.
(E) The owner of each building may commit to a voluntary pn
compliance with the requirements of this Chapter. The owner I
take steps to ensure that the provisions of the Code relating to 1
are carried out as follows:
(i) The owner shall notify the Building Official in writing
days of the effective date of this ordinance of his or her
initiate a voluntary compliance program for mitigatia
building. Owners whose buildings are identified as falli
the criteria of this Chapter after this period, shall notify thc
Official within 30 days of receiving notification advising h
said condition.
(ii) The owner shall then, within one year of the notice of int
Building Official, cause a structural analysis of the builc
made.
4.
i
3
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
m *
(1) The structural analysis, which is subject to approval
Building Official shall demonstrate that the building
the minimum requirements of the Code; or
(2) The structural analysis shall include plans, which are
to approval by the Building Official, for the str
alterations of the building to comply with the-Code;
(3) The structural analysis shall include plans, which are
to approval by the Building Official, for the install?
wall anchors in accordance with the requirements SI
in Section All0 of the Code.
(iii) Owners electing to comply with Section 18.07.030(5)(E)(ii)(:
are also required to comply with Section 18.07.030(5)(E)(ii
(iv) When the scope of necessary repairs is approved by the E
Official the owner shall commit in writing to a schedule for
to be agreed upon by both the owner and the Building Offil
(v) Building Official may issue an order as provided in 18.07
owners not in compliance with the agreed upon time line:
owners voluntary program.
(6) Historical Buildings. Alterations or repairs to qualified historical buildi
defined by Section 18955 of the Health and Safety Code of the State of C;
and as regulated by the State Historical Building Code (Health and Safe1
Sections 18950 et seq.), as designated on official national, state, or local h:
registers or inventories shall comply with the California H.istorical Buildir
(California Code of Regulations Title 24, Building Standards, Part 8), in :
to this Chapter.
(7) Enforcement. If the owner in charge or control of the subject building
comply with any order issued by the Building Official pursuant to this Ch
with any of the time limits set forth in Section 18.07.030, the Building
shall verify that the record owner of this building has been properly servec
order has been served on the record owner, then the Building Official sh:
the entire building vacated until such order has been complied with.
(8) Replacement of non-conforming URM buildings. Notwithstanding Chaptc
of the Carlsbad Municipal Code, if any unreinforced masonry building
which is within the scope of this Chapter is determined to be non-con
according to the development standards set forth in the Carlsbad Municipi
such building shall be allowed to be replaced with the same non-conform
This shall include building footprint, height, total square footage and
parking.
5.
/I * m
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adop
the City Clerk shall certify to the adoption of this ordinance cause it to be published at 1
in the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
held on the 5 th day of MAY , 1992 and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on
23rd day of June -9 1992, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton, and Nygaard
NOES: None
ABSENT: Council Member Kulchin
APPROVED AS TO FORM:
RONALD R. BALL, Acting City Attorney 6*~r*$~-
19 I
20 , ATTEST:
2111 dj?fl& 2 azz" .
22
23
ALETHA L. RAUTENKRANZ, City Clerk]
25
24
(SEAL)
26
27
28 6.
. 0 e
NOTICE OF PUBLIC HEARING
AMENDMENT OF CARLSBAD MUNICIPAL CODE REGARDING
UNREINFORCED MASONRY BUILDINGS
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will holc a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tuesday, June 9, 1992, to considel adopting by reference the Uniform Code for Building Conservation Appendix Chapter 1. The adoption of this Code will serve as Carlsbad's program for mitigation of potentially earthquake hazardous buildings.
Copies of the Regulations which will be adopted by reference are on file in the Office of the City Clerk and are open to public inspection.
If you challenge the adoption by reference of the Uniform Code for Building Conservation Appendix Chapter 1 in court, you may be limited to raising only those i sues raised by you or someone el se at the pub1 ic hearing described in this notice, or in written correspondence delivered to the City of Carl sbad City Clerk's Office, at or prior to the public hearing.
APPLICANT: City of Carlsbad PUBLISH: May 28, 1992 CARLSBAD CITY COUNCIL
a 1)
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of Sun Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (61 9) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitle
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general cir
published weekly in the City of Carlsbad, County of San Diego, State of California, and which ne
is published for the dissemination of locaI news and intelIigence of a genera1 character, ar
newspaper at all times herein mentioned had and still has a bona fide subscription list c
subscribers, and which newspaper has been established, printed and published at regular inter1
said City of Oceanside, County of San Diego, State of California, for a period exceeding one J
preceding the date of publicatic
notice hereinafter referred to; an(
.. notice of which the annexed is i ... . "
NOTICE OF PUBLIC HEARING mNDMENT OF CARLSBAD MUNICIPAL CODE REGARDING UNREINFORCED MASONRY BUILDINGS , - NOTICE IS HEREBY GIVEN that the City Council Of the City of Carls- bad will hold'a public hearing at the City Council Chambers, 1200 . Carisbad Village Drive, Carlsbad,
June 9,1992, to consider adopting California, at 600 P.X. on Tuesday,
by reference the Uniform Code for Building Conservation Appendix Chapter 1. The ado-ption of this Code will serve as Carlsbad's pro- gra for mitigation of potentially earthquake hazardous buildings. Copies of the Regulations which will be adopted by reference are on flle in the Office of the City Clerk and are open b public inspection. If you challenge the adoption by reference of the Uniform Code for Building Conservation Appendix Chapter .I in court, you may be li- mited to raising only those issues
, raised by you or someone else at the public hearing described in this notice, or in written correspond-
' bad City Clerk's Office, at or priorto ence delivered to the City of Carls-
, the public hearing. Applicant: City of Carlsbad
CJ 6915: May .ZS,l992 CARLSBAD CITY COUNCIL
~ .".. ~._.
copy, has been published in eacl
and entire issue of said newspape
in any supplement thereof on th
ing dates, to-wit:
Ma Y 28
I certify under penalty of perjur!
foregoing is true and correct. Ex
Carlsbad, County of San Diego,
California on the 28th
day of Ma Y 1992
/ L 9k.d
Clerk of