HomeMy WebLinkAbout07/19/2005, BUS. 3 - STATUS REPORT: UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM counck
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CITY O F SAN LUIS OBISPO
FROM: Wendy George,Assistant CAO
Prepared By: Claire Clark, Seismic Coordinator
SUBJECT: STATUS REPORT: UNREINFORCED MASONRY HAZARD MITIGATION
PROGRAM
CAO RECOMMENDATION
Receive report and discuss status of Unreinforced Masonry Hazard Mitigation (URM)Program.
DISCUSSION
Background
Subsequent to the San Simeon Earthquake of December 22, 2003, the City of San Luis Obispo
adopted changes to the City's existing Unreinforced Masonry Hazard Mitigation Program by
adopting Ordinance No.1453 (Attachment 1). During consideration of the proposed changes,
the Council worked to balance the heightened need to address the public safety issues with the
practical needs of the building owners and businesses affected by the proposed changes.
The revised URM Ordinance addressed the need for greater.public safety by establishing earlier
deadlines for reinforcement and new deadlines to ready permits for timely issuance. The URM
Ordinance requires "the owner of a building...shall structurally alter the building to conform to
Level B Strengthening by July 1, 2010." It further allows the owner to do Level A Strengthening
(partial strengthening) by July 1, 2007 in order to delay the Level B work until July 1, 2012.
Importantly, the Ordinance goes on to provide "If Level A work is not completed by July 1; 2007,
the City Council will set a Level B completion deadline for each building on the basis of relative
hazard, but no later than July 1, 201W' To insure flexibility for property owners, the ordinance
requires owners to obtain necessary planning approvals and a construction permit no later than
January 1, 2006. Applications for such approvals were due on July 1, 2005. By requiring
owners to obtain a construction permit, the Council eliminated any City-generated procedural
obstacles that could slow down an owner's plans for proceeding with the strengthening.
To assist owners affected by the new deadlines, a revised mitigation program provided a City-
issued URM warning sign, established low fees for Planning and Building applications and
permits, and established reduced cost contractor parking fees. In addition, the temporary part-
time position of Seismic Coordinator was established, under the supervision of the Economic
Development Manager, to help owners comply with the deadline requirements, coordinate
services within the City, look for potential funding sources for retrofitting; and coordinate the
construction process.
Since the revised URM Ordinance took effect, building owners have been repeatedly offered
assistance and encouragement by the Seismic Coordinator, specific review and permit issues
have been addressed within City departments, and follow-up with engineers, architects and
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Council Agenda Report—Status Report: URM Hazard Mitigation Program
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builders has occurred to determine progress toward the July 1, 2005 deadline. Permits have been
requested and issued, planning review of projects has progressed efficiently, and several
strengthening projects have proceeded into construction. This report summarizes the progress
owners have made toward meeting or exceeding the July 1, 2005 deadline.
Current Progress
When the changes were made to the City's Seismic Hazard Mitigation Ordinance in late 2004,
there were 99 buildings identified as unreinforced in accordance with the State's hazard
mitigation mandate. On July 1, 2005, all owners of identified buildings were required to submit
plans to address strengthening of their building. There has been high level of compliance with
the first deadline with 91 out of the 99 owners fulfilling the requirements of the first deadline.
More specifically,
1. 43 building permit :applications were submitted on or before the deadline.
These represent simple retrofit projects or those projects with minor exterior changes
receiving review at a staff level;
1 10 planning review applications were made on or before the deadline. These
projects include exterior changes in addition to the structural strengthening as well as
those projects with demolitions;
3. 38 projects filed Engineer's Guarantees or filed plans during the first week of
July. Engineer's Guarantees are letters from engineers stating that work is under contract
and establishing a guaranteed completion date. Staff has allowed this substitution for an
actual permit applications due to the large amount of engineering work required and the
limited supply of qualified engineers.
4. 8 owners have failed to file any plans or to respond to the numerous entreaties
by the Seismic Coordinator.
Of the applications that have been submitted, there are 82 retrofit projects and 7 demolition
projects. The City anticipates that a few of the "retrofit" projects will be amended as demolition/
redevelopment projects. Plans for these redevelopment projects were not fully developed in time
to meet the July 1'deadline so retrofit plans were filed to maintain compliance_ for these owners.
An additional 5 redevelopment/demolition permits are anticipated.
Buildings Eliminated from the Inventory
Of the 43 building permit applications that. have been submitted, building permits have been
issued and work has begun on several buildings. There are four buildings where strengthening
has been fully addressed, namely:
1. 1117 Chorro Black Sheep Michel Oliazola Level B Retrofit
2. 252 Higuera Tire Store Beckwith &:Hite removed from list
3. 256 Higuera Tire Store Beckwith &Hite removed from list
4. 969 Monterey Gigi's Steven Carroll Demolition
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The Black Sheep strengthening was accompanied by a significant renovation of the interior and
exterior of the building. The building at 969 Monterey, formerly home to Gigi's Restaurant, was
demolished in April and the site is now being readied for the construction of a new three story
mixed use structure. Both of the Tire Store buildings at 252 and 256 Higuera were re-inspected,
new strengthening data was brought to light, and both buildings were removed from the
inventory of Unreinforced Masonry Buildings.
Buildings Partially Strengthened
Two other buildings have been fully retrofitted in one half of the building.
1. 778 Marsh Selections Mark Anderson half building retrofit
2. 1009 Monterey Panolivo Rossi et al half building retrofit
Buildings with Work.Underway
Quite a lot of strengthening work is in progress in the City, with more expected over the course
of the summer and fall months. There are several buildings where strengthening is currently
underway. The buildings located at 385 Higuera (former John Ramos Gallery) and 978 Monterey
(JP Andrews) are close to completion,awaiting final City inspection and approval-..
1. 385 Higuera Frm. John Ramos,Gall. John & Susan Barrett Level B retrofit
2. 705 Higuera Blazing Blend/Phone Anselm Vann Level B retrofit
3. 715 Higuera Penelope's Hosiah Towery Trust Level B retrofit
4. 719 Higuera Michael's Optical Reed Family Trust Level B retrofit
5. 745 Higuera Keller Classics Alice Nelson Level B retrofit
6. 760 Higuera Warden Building Rossi et al Level B retrofit
7. 978 Monterey JP Andrews Vintage Properties Level B retrofit
8. 962 Monterey Old Copeland's Office Copeland Level B retrofit
Of note, the JP Andrews building was strengthened without off site relocation of the tenants.
Owners, tenants and contractor worked together to complete the strengthening one office at a
time,. Vacant space within the building was used to accommodate the displaced offices during
strengthening of specific tenant spaces. In the case of the John Ramos Gallery location, the
owners took advantage of the departure of the Gallery to upgrade their building and complete
full reinforcement.
Anticipated Future Work
Several other owners are preparing to begin construction over the next month.. Still others, not
listed here, are talking about the timing of their projects and using the experience of those
already in process to plan for the strengthening of their building. Those ready to begin
construction during the next few weeks are:.
1. 11.10 Garden Linnea's Helen Grau Level B retrofit
2. 1130 Garden Garcia Architect. John Benson Level B retrofit
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3. 798 Palm Mission Real Estate Beulah Chong Level B retrofit plus
4. 800 Palm Ah Louis Dr. Watson Level B retrofit plus
5. 741 Higuera Posie's Nancy Poe Level B retrofit
6. 888 Monterey Full Circle/frm. Kinko Jack Feliciano Level B retrofit
In summary, the program is working! The City's goal of 100%compliance with the January
1, 2006 deadline is well underway. The few owners who failed to submit plans by July 15L are
receiving heightened scrutiny which is expected to bring them into compliance prior to the
January 1, 2006 deadline for obtaining a building permit. In stressing the January 1, 2006
deadline, the City is putting the emphasis on each owner obtaining and holding an "open"
building permit. in issuing these "open" permits, the City is facilitating the building owners'
ability to begin the work unfettered by the necessity of obtaining a building permit at the point in
time when the owner determines that the time is ripe for retrofitting, such as a tenant moving_ out.
This approach should significantly streamline the process for owners and put the control over
timing in their hands. Given the good start that owners have made toward strengthening our
town, the. City should expect good things to come from the process ahead. What has been
particularly gratifying is watching what could have been a very negative experience become the
impetus for significant improvements and revitalization in the City's downtown core.
Next Steps
The coming six months will see a flurry of activity in the Community Development Department.
The URM Ordinance provides that "the building permit shall be obtained by January 1, 2006..."
This provision also includes building permits that require prior planning approvals such as
redevelopment, demolition or additions. Specific compliance with the January 1, 2006 deadline,
as evidenced by permits being issued to building owners, will be required. Enforcement actions
will be undertaken against those owners who fail to obtain a permit by the deadline. By taking
this action, the City insures that it has eliminated all City-generated procedural obstacles that
could slow down an owner's plans for proceeding with the strengthening work.
There are several downtown redevelopment projects under consideration by developers that
could include buildings in the URM inventory. These projects will likely require a more
extensive development review process and therefore may extend outside of the deadlines
established for reinforcement. For some of these projects, compliance will be obtained through
the normal means of submitting retrofitting plans, obtaining the necessary permit, and then
amending those plans as the redevelopment plans come into focus. Other projects have already
been submitted as fully realized redevelopment projects. As the timeline for approvals and
subsequent redevelopment unfolds, staff may bring back to Council suggested revisions to the
URM deadlines, in order to accommodate the needs of these larger projects or to address other
issues that may arise.
During the remainder of the year, staff will continue to monitor the URM applications as they
move toward permit approvals. Coordination of ongoing retrofit projects will take a higher
priority as more projects begin the construction phase. City departments, the Downtown
Association, the Chamber of Commerce, and surrounding businesses will continue to be
appraised of upcoming projects by the Seismic Coordinator. In addition, the continual search
for sources of funding for retrofit projects will include renewed discussions with banks and
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Council Agenda Report—Status Report: URM Hazard Mitigation Program
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refreshed investigation of sources for grant monies.
Looking ahead to the deadline for completion of strengthening, as indicated earlier, the URM
Ordinance requires Level A partial strengthening be completed by July 1, 2007 in order to delay
the Level B work until July 1, 2012. If Level A work is not completed by the 2007 date, the
Council is to provide a mandatory completion date for Level B work for each untouched
building, based on its relative hazard, to assure that all strengthening is completed by July 1,
2010. Following the July 1, 2007 deadline, staff will provide the Council with information about
the relative hazard of all buildings where structural strengthening has not been addressed to a
Level A retrofit minimum. In addition, periodic reports will continue as work progresses
throughout the City. Formal reporting to the Council in January, as required by the URM
Ordinance, will occur annually.
ATTACHMENT 1. Ordinance No. 1453
Electronic File Path:
G:\Projects&Programs\Seismic Program\Agenda Reports\7-1-2005SeismicAgendaReport
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ATTACHMENT
ORDINANCE NO.,1453(2004 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING TITLE 15,CHAPTERS 15.04 AND 15.08 OF THE MUNICIPAL CODE
TO MODIFY REQUIREMENTS FOR STRENGTHENING
UNREINFORCED MASONRY BUILDINGS
WHEREAS, the City of San Luis Obispo contains 100 buildings of anreinforced masonry
construction, determined to be "potentially hazardous" during a seismic event; that have not been
adequately strengthened,and
WHEREAS, the City of San Luis Obispo is situated near three major earthquake faults
each capable of generating earthquakes with a magnitude of 7.5, and is therefore particularly
vulnerable to devastation should such an earthquake occur;and
WHEREAS,the City of San Luis Obispo is located in Seismic Zone 4,and is subject to the
provisions of Chapter 12.2,Division 1 of Title 2 of the Government Code,and specifically Section
8875 which requires that the City establish a mitigation prograin to substantially reduce the hazards
associated with unrpinforced masonry buildings;and
WHEREAS,'it is the desire and intent of the Council of the City of San Luis Obispo to
provide citizens with the greatest degree of life safety involving buildings of unreinforced masonry
construction in the most effective mariner.
NOW,THEREFORE,BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION L Section 15.04.050 of Chapter 1.5.04 of Title 15 of the San Luis Obispo
Municipal Code is hereby modified as follows.
A. Amend Section A105 'to delete previously added Section A105.4 and retain
Section A105.4'as written in the Uniform Code for Building Conservation.
B. Amend Section All-5A to read as follows:
A115.1 Compliance Requirements.
A115.1.1 Strengthening Deadlines. The owner of a building within the scope of
this chapter shall structurally alter the building to conform to Level B
Strengthening by July 1,2010 or when one of the following occurs:
01453
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ATTACHMENT 1
Ordinance No. 1453 (2oo4 Series)
Page 2
1. The value of additions, alterations, and/or maintenance repairs
requiring a building permit, .cumulative from March 4, 1992, exceeds 50
percent of the replacement cost of the building established by the Building
Official per Section 304.2 of the Uniform Administrative Code; which
may include a certified appraisal report. The cumulative value of
alterations and maintenance repairs need not include reroofing, Level A.
Strengthening,and installation of an automatic fire sprinkler system.
EXCEPTION: Buildings containing more than one tenant space
if the floor area of altered tenant spaces,cumulative from March 4,
1992, does not exceed 50 percent of the total floor area of the
building.
I The use of the building changes to a different division of the same
occupancy group or to a different occupancy group.
EXCEPTIONS: 1. Notwithstanding the provisions of Section
3405 of the Building Code, buildings containing more than one
occupancy classification need not be strengthened if the total floor
area for changes in use, cumulative from March 4, 1992, does not
exceed 50 percent of the floor area of the building.
2. Occupancy classification changes to Groups F, M, S and U
from an equivalent category as defined_ in the previous editions of
this code.
3. An occupancy classification change to a Group R, Division 1
Occupancy with not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy
used exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007,
completion of the remaining work to satisfy Level B strengthening
requirements may be delayed until July 1, 2012. If Level.A work is not
completed by July 1, 2007;the City Council will set a Level B completion
deadline for each building on the basis of relative hazard,but not later than
July 1, 2010.
EXCEPTION: The Building Official, on a case-by-case basis,
may approve an alternate strengthening plan deemed equivalent to
Level A strengthening if:
1. A greater than 50 percent reduction in the unreinforced.
masonry hazard for the building is accomplished by July 1,
2007; and,
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ATTACHMENT 1
Ordinance No. 1453 (2004 Series)
Page 3
2. A written agreement includes an acceptable work planand
timeline; and,
3. The plan completes Level B strengthening by July 1,2012.
A115.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the Building Official to
strengthen the building to Level B requirements by July 1, 2005. The building
permit shall be obtained by January 1, 2006, and shall remain valid until required
Level B strengthening work is completed per Section Al 15.1.1.
EXCEPTION: For seismic strengthening or demolition projects that
require approval of a planning application by a City process, the planning
application shall be submitted to the Community Development
Department by July 1,.2005. The application for building or demolition
,permit shall be submitted following approval of the planning application,
and a building or demolition perryut shall be obtained by January 1,2006.
A115.13 Posting of Sign. The owner of a building within the scope of this
chapter shall post, at a conspicuous place new the primary entrances to the
building, a sign provided by the building official stating "This is an unreinforced
masonry building. Unreinforced masonry buildings may be unsafe in the event of
a major earthquake". The sign shall be posted within 60 days of receipt by the
building owner per installation standards established by the building official.
C. Amend Section Al 15.3.3 to read as follows:
A1153:3 Order. The order shall direct the owner to obtain a building or
demolition permit as required by this chapter and cause the .building to be
structurally altered to conform to the provisions of this chapter, or cause the
building to be demolished.
D. Amend Section A115.7 to read as follows:
A115.7 Program Monitoring and Annual.Report. During January of each
year, the Building Official shall submit a report to the City Council outlining the
progress to date concerning reduction of the hazards presented by the
unreinforced masonry building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings'strengthened, demolished, or
otherwise eliminated from the inventory;
2. The number of unreinforced masonry buildings remaining on the inventory;
including the status of orders issued pursuant to this Chapter that are not resolved.
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ATTACHMENT 1
Ordinance No. 1453 (2004 Series)
Page 5
SECTION 3. If any provision Of this Ordnance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish the
intent of this ordinance.
SECTION 4. A synopsis of this ordinance,- approved by the City Attorney, together With
the names of Council Members voting for and against, shall be published at least 5 days pnoi to its
final passage in the The Tribune, a newspaper published and circulated culated in this City. This ordinance
shall go into effect at the expiration of 30 days after its final passage.
INTRODUCED on the 17's day of August,2004 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7d'day of September 2004,on the following roll
call vote:
AYES: Council Members Ewan, Mulholland and Settle,Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
Mayor David F. Romero
ATTEST:
its
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
Jo4than-,F.*'Lowell
-
Cit�-�torney
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