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Home My WebLink About1453ORDINANCE 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 unreinforced 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 program to substantially reduce the hazards associated with unreinforced 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 manner. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 15.04.050 of Chapter 15.04 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 Al 15.1 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 Ordinance No. 1453 (2004 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. 2. 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, Ordinance No. 1453 (2004 series) Page 3 2. A written agreement includes an acceptable work plan and 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 permit shall be obtained by January 1, 2006. A115.1.3 Posting of Sign. The owner of a building within the scope of this chapter shall post, at a conspicuous place near 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 A115.3.3 to read as follows: A115.3.3 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. Ordinance No. 1453 (2004 Series) Page 4 SECTION 2. Section 15.08.020 of Chapter 15.08 of Title 15 of the San Luis Obispo Municipal Code is hereby modified as follows: A. Amend Section of 1003.2.2.1 to read as follows: 1003.2.2.1 Existing Buildings in Commercial Fire Zone. Existing buildings located in the commercial fire zone shown in Figure 10 -A that are provided with an underground fire sprinkler lateral, shall have an automatic fire sprinkler system installed and operational within 24 months of the approval and acceptance of the lateral by the City. EXCEPTIONS: 1. An automatic fire sprinkler system required by Section 1003.2.2.1 in a building of unreinforced masonry construction may be delayed until the date established in Section A115.1.1 of the Uniform Code for Building Conservation, as amended, for completion of Level B strengthening. 2. An automatic fire sprinkler system required by Section 1003.2.2.1 in a building of unreinforced masonry construction strengthened to Level A standards, as defined in Section A103 of the Uniform Code for Building Conservation, as amended, prior to October 1, 2004, shall be completed and operational by January 1, 2017. FIGURE 10 -A — COMMERCIAL FIRE ZONE Ordinance No. 1453 (2004 Series) Page 5 SECTION 3. If any provision of this Ordinance 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 prior to its final passage in the The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of 30 days after its final passage. INTRODUCED on the 17th day of August, 2004 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7`h 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: JJ'4 dA J /- Audrey Hoo City Clerk APPROVED AS TO FORM: Jo athan . Lowell Cit torney I hereby certify that this document is a true and accurate copy of Ordinance No. LI__�53 and that the ordinance was published pwsuant to Charter /Sectio 02. Date City Clerk