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Home My WebLink About1995-02-07; City Council; 13017; AMENDING CHAPTER 18.07 OF THE CARLSBAD MUNICIPAL CODEc 'e n 4 ffl ad u cd a, a $4 0 4-1 ffl a, u 2 %! a, a, 0 W a a a, 2 i5 ffl cd m 0 m I rn 2 g z a, c) d .rl a 0 $4 a a, Y a 0 u $4 d .d 4 -4 $ V 0 z 0 d 6 e 2 3 0 0 3 / AB # /?,O/? MTG. 3-7-45 CODE DEPT. BLD OF THE CARLSBAD MUNICIPAL TITLE: AMENDING CHAPTER 18.07 DEPT. I CITY A' CITY Mc RECOMMENDED ACTION: Introduce The Building Department is recommending that the City Council -.-/' Ordinan fl s -30 3 AMENDING Chapter 18.07 of the Carlsbad Municipal Code e "Unreinforced Masonry Buildings". ITEM EXPLANATION In 1992, in order to comply with California Government Code Section 8875 et sec City established an ordinance which requires buildings constructed of unreini masonry to be strengthened. The City's responsibility was to identify "Pote Hazardous Buildings" as defined in the Government Code, and to establish a miti1 program for the strengthening of those buildings. The State has since modified the Government Code to allow local governme exempt certain historical structures governed by the State Historical Building structures associated with Historic Preservation Programs, and for the preserva. affordable housing. The ordinance will now include the latest State language ta the use of the State Historical Building Code to be the applicable Code for qu historical structures. To date the City has not identified any affordable housing af by the existing ordinance. The current City ordinance did not contain a definition for the term "pote hazardous building". The adoptive Code, The Uniform Code for Building Conserv does not contain a definition for the term referenced in the ordinance i l'unreinforced masonry structure". This ordinance will now contain the terr definition for a "Potentially Hazardous Building". This key term will no incorporated into the City ordinance verbatim from the California Government which directs cities to mitigate such structures, so that it is clear which tyF buildings are within the scope of the ordinance. FISCAL IMPACT There are no direct costs incurred by the City in adopting the modifications . current ordinance. EXHIBITS 1. Ordinance No. n s- 38.3 0 0 f 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 NO. NS-303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.07, ENTITLED WNREINFORCED MASONRY BUILDINGS". WHEREAS, the State of California has enacted Chapter 12. Division 1 of Title 2 of the California Government Code enti "Building Earthquake Safety" (GCg8875 et. seq.), and WHEREAS, the State Seismic Safety Commission has establi certain criteria, guidelines, and requirements regarding mitigation of unreinforced masonry structures in accordance this law, and WHEREAS, the City of Carlsbad desires and intends to adopt comply with said criteria, guidelines, and requirements accordance with this law and the State Seismic Safety Commissi NOW, THEREFORE, the City Council of the City of Carlsbad hereby ordain as follows: SECTION 1: That Title 18, Chapter 18.07, Section 18.07.03 the Carlsbad Municipal Code is amended to read as follows: 18.07.030 Actions by the Buildina Official. Whenever i. determined by the building official of the city or his or designee that a building falls within the criteria for unreinforced masonry structure as defined by the Code a potenti hazardous structure, as defined by this chapter, and the struc is not exempted for local conditions as defined by California He and Safety Code Section 18491.6(b) , the building official and hi her designee shall take steps to ensure that the provisions of code relating to mitigation are carried out as follows: (1) Service of Order. The building official shall, if property owner elects not to voluntarily participate u subsection (5) (E) of this section, issue an ordel provided in this section to the owner of each built within the scope of this chapter. The order shall bc writing and shall be served either personally or certified or registered mail upon the owner as show1 the latest equalized assessment roll, and upon the pe: if any, in apparent charge or control of the buildinc a 0 < 1 2 3 4 Prior to the service of an order, a bulletin may be i to the owner as shown upon the latest equalized asses roll or to the person in apparent charge or control building considered by the building official to be w the scope of the ordinance. The bulletin may co information the building official deems appropriate. bulletin may be issued by mail or in person. 5 SECTION 2: That Title 18, Chapter 18.07, Section 18.07.0 6 added to the Carlsbad Municipal Code to read as follows: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18.07.040 Definitions. "Potentially hazardous building1# : any building constructed prior to the adoption of local bui codes requiring earthquake a resistant design of buildings constructed of unreinforced masonry wall construction. "Potent hazardous buildingtt includes all buildings of this type, inclul but not limited to, public and private schools, theaters, plac public assembly, apartmentbuildings, hotels, motels, fire stat police stations, and buildings housing emergency serv equipment, or supplies, such as government buildings, dis: relief centers, communications facilities, hospitals, blood b; pharmaceutical supply warehouses, plants, and retail out: ttPotentially hazardous building" does not include warehouse similar structures not used for human habitation, except warehouses or structures housing emergency services equipmer supplies. "Potentially hazardous building1' does not include building having five living units or less. ItPotentially haza: buildingtt does not include, for purposes of subdivision (a Section 8877 any building which qualifies as "historical propc as determined by an appropriate governmental agency under Sec 37602 of the Health and Safety Code. EFFECTIVE DATE: This ordinance shall be effective thirty after its adoption, and the City Clerk shall certify to the ado1 of this ordinance and cause it to be published at least once il Carlsbad Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carl City Council held on the 7th day of FEBRUARY , 199: thereafter // // // I 2 0 0 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 PASSED AND ADOPTED at a regular meeting of said City Co held on the day of , 1995, by the foll vote, to wit: AYES : NOES : ABSENT : APPROVED AS TO FORM: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) ~ 1 3