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HomeMy WebLinkAbout04/15/1997, 2 - UNREINFORCED MASONRY BUILDING PROGRAM r Council j agenda uepoin it CITY O F SAN LUIS O B 1 S P 0 FROM: John Dunn, City Administrative Officer Prepared By: Tom Baasch, Chief Building Official SUBJECT: UNREINFORCED MASONRY BUILDING PROGRAM CAO RECOMMENDATION 1. Introduce an ordinance to print amending the administrative provisions of the Uniform Code for Building Conservation(UCBC)as previously adopted to establish criteria as to when unreinforced masonry(URN)buildings must be strengthened,using degrees of strengthening defined as Level A and Level B. 2. Adopt a resolution establishing several incentives designed to encourage owners of URM buildings to voluntarily strengthen their buildings and to provide economic assistance for URM strengthening projects. 3. Appropriate $250,000 from the General Fund unreserved fund balance to support the grant component of the incentive program. REPORT-IN-BRIEF A brief historical summary of the seismic retrofit issue, including an outline of the recommendations in this report,is provided in Attachment 1. DISCUSSION Background The California State Legislature enacted Senate Bill No. 547 in 1986 to address the hazards presented by unreinforced masonry (URN) buildings located throughout the State. The Earthquake Hazard Reduction Act law requires that local jurisdictions in Seismic Zone 4, which includes San Luis Obispo, identify all "potentially hazardous" (URN) buildings, and then develop a mitigation program to significantly reduce the hazard. The inventory of URM buildings located in the City of San Luis Obispo was completed in 1989, and a fist of 148 "potentially hazardous" buildings was submitted to the State of California Seismic Safety Commission by the January 1, 1990 deadline. As a result of strengthening completed or submission of documentation establishing reinforcement, the current inventory of unstrengthened buildings subject to a City mitigation plan totals 113 (five County-owned buildings used for County government purposes will be subject to the mitigation program adopted by the Board of Supervisors). Of this number, 35 buildings are on the Master List of Historic Resources, and 84 are located in the downtown area. In late 1990, the San Luis Obispo Chamber of Commerce created the Seismic Task Force to work with City staff in developing a mitigation program to address the URM hazard. The Technical Committee of the Task Force, composed of architects and engineers from the community, studied oL"/ Council Agenda Report-Unreinforced Masonry Building Program Page 2 the structural engineering components of a proposed ordinance. The Administrative Committee, which consisted of URM building owners and tenants, bankers, contractors, architects, and realtors, focused on the proposed implementation procedures and compliance timetables. After 10 months of work, the Seismic Task Force and City staff reached consensus on the first phase of a URM hazard mitigation program. However, while there was agreement on the technical standards, an implementation schedule for strengthening work was not agreed on. Staff supported a mandatory strengthening ordinance that would insure strengthening of all URM buildings by the year 2000 because: • it was responsive to the City's obligation to protect the health, safety, and welfare of the people; • it was consistent with guidelines established by the Seismic Safety Commission; • it was consistent with programs implemented by other jurisdictions in the State; and • it satisfied the goal of the Earthquake Hazards Reduction Act of 1986 (Government Code Sections 8870, 8872(b)), which is to "significantly reduce" the hazards due to URM buildings by the year 2000. While Task Force members agreed with the underlying goals, they strongly opposed the year 2000 deadline and the mandatory nature of the City's proposal. Consequently, the City Council chose to defer the imposition of a mandatory deadline for URM strengthening and adopted an interim program in 1992. In terms of the nature of the interim program, technical standards (Appendix 1 of the UCBC and later to become the statewide standard under AB204)were adopted for strengthening design, and administrative provisions were established, requiring owners to have their URM buildings structurally analyzed within 18 months. In an attempt to achieve at least some actual strengthening, the 1992 ordinance requires that URM buildings be strengthened when alterations exceed 50% of the replacement cost of the building or when the occupancy classification changes. These components of the plan were intended to provide valuable information about the buildings and to create some basic mandatory requirements, thereby demonstrating progress in addressing the hazards. What is the progress to date? As a result of the 1992 program 8 URM buildings have been strengthened to City standards. Another 6 URM buildings have received some degree of partial strengthening. Demolition eliminated 4 URM buildings to make way for the Downtown Center, as well as one City-owned building (Mathews property). Consequently, the current list of buildings subject to additional requirements under a mitigation program contains 113 buildings. Building strengthening accomplished since the effective date of the ordinance has been voluntary and for the most part not driven by the mandatory ordinance provisions triggered by occupancy change or major remodel in excess of 501/6 of building replacement value. It is apparent that reliance solely on these provisions to achieve progress in reducing URM hazards will not be effective. As mentioned above, the current City mitigation program requires that all owners of URM buildings submit a structural analysis of their building to the Building& Safety Division. As a component of the initial URM ordinance passed in 1992, this requirement was conceived as a tool to acquire greater detail as to the scope of the URM hazard and to provide each property owner with specific information for planning the building's future. As of March 15, 1997, 96% of the URM property owners have Council Agenda Report-Unreinforced Masonry Building Program Page 3 complied with the law and submitted an acceptable analysis. Final action by the Building & Safety Division and the City Attorney's Office involving the remaining few that have not complied has been initiated. Results of the structural analyses indicate that the construction cost to complete URM strengthening work will range from $1.58 to $140.29 per square foot, with an average cost of$16.25 per square foot. The total cost estimate to strengthen the remaining 113 buildings on the list is$10,569,706. Finally, there have been no further regulatory developments at the State level that affect the City's URM mitigation program. The City's.technical standards for strengthening buildings (Appendix 1, Uniform Code for Building Conservation, UCBC) are identical to the statewide standards established by the State of California Building Standards Commission under AB204. Council Direction and the Most Recent Effort For the 1995-97 financial period, the City Council established a goal of creating an effective seismic strengthening program for unreinforced masonry buildings that is "not unduly burdensome." In the spring of 1996, Council endorsed a revised schedule developed by the Chamber Task Force and City staff that allowed adequate time for subcommittees of the Task Force to complete their work in the developing an acceptable program that will achieve the Council goal. Within the overall framework of avoiding an "unduly burdensome" program, staff sought to achieve the following core goals: - To protect life and property through adoption of a URM strengthening ordinance; - To preserve long-term economic well-being of the downtown by minimizing earthquake damage and speeding recovery, - To preserve the historical and architectural integrity of the downtown area by strengthening existing URM buildings; - To adopt a strengthening program that, while not unduly burdensome(i.e., mandatory), will result in real substantial risk reduction and thus real protection of life and property, will allow for progress to be accurately measured, and, if not "substantial", will provide opportunities for modification in the future. The Task Force and City staff negotiated, collaborated, and struggled through dozens of extremely difficult and complicated issues. Finally, in February 1997, agreement was reached on a proposed program that achieves the long sought "right balance", which includes the following key elements: • Defers a mandatory deadline for full strengthening from the year 2000 proposed earlier to 2017, and in the interim leaves the ultimate decision for building improvement timing up to the property owner. • Allows seismic strengthening to occur in two progressive phases -partial (Level A) and full (Level B). Level A improvement (roof to wall anchorage, roof diaphragm, and parapet bracing) is considered an interim step prior to all URM buildings being in compliance with full seismic strengthening as defined in UCBC Appendix 1. Studies gathered by the Task Force and City staff support an increase in safety and a reduction in building damage when Level A improvements are installed prior to a moderate earthquake event. Level A is considered the simplest and most convenient seismic upgrade to a URM building. In fact, ,2 3 Council Agenda Report-Unminforced Masonry Building Program Page 4 marry experts feel that spending 50%of the total strengthening cost for a huilding(Level • A) will achieve 80%of the overall strengthening. • Establishes strong incentives to complete strengthening sooner rather than later, including: - Credit towards application and permit fees of up to the cost of providing the structural analysis. - Waiver of fees related to a URM seismic strengthening project that does not result in any increase in floor area, including parking-in-lieu, transportation impact, and sewer and water impact fees. - Waiver of construction permit and planning fees for URM replacement buildings. - Free inspections for off-hours work. - Waiver of sewer and water use charges during the construction period, limited to a maximum of 6 months and not to exceed the total of the previous 6 months of occupied use. - Free contractor parking available on the street near the construction site, limited to 3 free spaces directly adjacent to the building undergoing URM strengthening. If less than 3 spaces are available directly adjacent, the contractor may obtain written permission from adjoining business for use of other spaces. Free spaces shall not exceed a 6-month duration. - Option to convert a URM building to a low risk occupancy (warehouse or residential use up to 5 dwelling units)to become exempt as allowed by State law. - Simplified process for demolition of non-historic URM buildings. - Deferral of fire-sprinkler installation for URM buildings in the downtown zone until 2017 unless triggers cause Level B strengthening at an earlier date. - Technical assistance in forming an assessment district to finance URM strengthening and fire sprinkler installation if there is sufficient property owner interest. - Availability of $250,000 grant fund, on a first-come, first-served basis, to partially offset URM strengthening cost. Level A strengthening will be eligible for 25% of cost up to $5,000;Level B strengthening for 25% of cost up to $25,000. • Promotes an evenly paced progression toward full code-complying strengthening through various actions"triggered"by property owners themselves. - Level A strengthening is required when roof covering is installed on a URM building. - Level B strengthening is required: when roof covering is installed on a URM building after January 1, 2007; or o� Council Agenda Report-Unreinforced Masonry Building Program Page 5 when a change of occupancy classification occurs in a URM building; or when cost of remodelinglalterations exceeds 50% of replacement cost of the URM building; or by January 1, 2017. • Provides ongoing shared monitoring to assure that the program is working. The Seismic Task Force and City staff will continue to meet regularly to review progress under the program and recommend changes if necessary. The following series of 5-year goals will be established under the proposed plan: - By the year 2002, approximately 501/6 of all URM buildings will have achieved either Level A or Level B strengthening. - By the year 2007, approximately 95% of all URM buildings will have been strengthened to at least Level A. - By the year 2012, approximately 60% of all URM buildings will have been strengthened to Level B. - By the year 2017, all identified URM buildings subject to the program will have been strengthened to Level B or demolished. Summary There are potentially 13,800 building occupants in San Luis Obispo (based on the maximum occupant load calculated per the Building Code)that could be subjected to the hazards of unreinforced masonry building failure during an earthquake. In-addition, an unknown number of occupants in adjacent buildings and pedestrians passing by may be at risk due to falling debris from URM failures resulting from an earthquake. Strengthened buildings will save lives and reduce injury, and the building may survive a seismic event with We or no damage. Strengthened buildings will reduce the economic loss in the downtown area, speed up the resumption of normal economic activity, and help preserve the architechual integrity of the downtown m the event of a major earthquake. While neither the Seismic Task Force nor City staff achieved all of their respective goals, collectively the compromise program is designed to achieve the most important goals of both: meeting the City's obligation to protect people and the downtown, and meeting the Task Force's desire for a plan that is reasonable and feasible for those required to make the improvements. Thus, adoption of the proposed ordinance and resolution will establish a seismic retrofit program for URM buildings that is not`unduly burdensome." CONCURRENCES The San Luis Obispo Chamber of Commerce Board of Directors, the Downtown Business Improvement Association, the San Luis Obispo Property Owners Association, and the Cultural Heritage Commission all voted unanimously to support the proposed program. Letters of support or action by these groups are presented in attachments 2 through 5. After distributing approximately 2200 bulletins summarizing the proposed program to property owners and tenants, a "town hall" meeting was held on March 17, 1997 to present and discuss the key components of the proposal. S Council Agenda Report-Unreinforced Masonry Building Program Page 6 Attendees included approximately 30 URM building owners, and the consensus of the group appeared to be supportive ofthe program,with particular emphasis on the grant component. In addition to the Chief Building Official, the staff team which has worked to negotiate the proposed program included, at various points in the process, the CAO, ACRO, City Attorney, Finance Director, Fire Chiei Community Development Director, and Assistant to the CAO. FISCAL IMPACT City. Continuing an existing program which offsets permit fees equal to cost of the structural analysis, as well as other proposed waivers of permit, planning, and impact fees, sewer/water use charges, and parking meter charges, will have some financial impact on City revenues, but a major impact is not expected. Free inspections for off-hours work may incur overtime cost for City staff. These costs are difficult to estimate,given the lengthy term of the program and the fact that property owners instead of the City determine the timing of events dictating these costs. The restructured grant program will require a general fund appropriation of$250,000. Approximately $225,000 of this amount has been made available to the General Fund through recent adjustments to the Community Development Block Grant program. Thus,the net impact on the General Fund balance is$25,000, which will not alter the City's ability to achieve its policy goal of a maintaining an unreserved fund balance that is at least 20% of operating expenditures at the end of this fiscal year. Property Owners. As mentioned earlier, one major advantage of the recommended program is that it leaves the ultimate decision relative to when improvements will be made up to the URM building owner. Thus, property owners can select the most financially advantageous time to complete the - strengthening. In terms of financing the improvements, property owners may choose to work with private institutions. In addition,the recommended program includes City assistance in the formation of an assessment district, should enough property owners be interested in this financing mechanism (Attachment 6). ALTERNATIVES 1. Do Nothing. The Council could decide to leave the program as is, relying on the existing change of occupancy and 50% cost of remodeling triggers to achieve URM strengthening. However, only 8 URM buildings have been fiilly strengthened since 1990, including the City-owned building located at 955 Monro Street; at this rate of retrofitting, it will take over 86 years to complete mitigation of the URM hazard. This alternative will not satisfy City and State goals, and therefore is not recommended. 2. Return the issue back to staff and the Seismic Task Force for further study. City staff and the Seismic Task Force have been working nearly 7 years to reach a workable program for San Luis Obispo.. The proposed program represents the best strategy that can be cooperatively negotiated. A more gorous program will bring significant resistance and difficult Council deliberation; a less rigorous program will result in increased safety risks to our community and the downtown. This alternative is not recommended. Attachments 1. Program Summary 6. City Role in Assessment District 2. Letter from Chamber of Commerce 7. Legislative Draft of Proposed Ordinance 3. Letter from BIA 8. Proposed Ordinance _ 4. Letter from Property Owners Association 9. Proposed Resolution 5. Action by Cultural Heritage Committee Attachment 1 Unreinforced Masonry Building Mitigation Program Over 10 years ago,the California Legislature adopted dozens of extremely difficult and complicated issues. the Earthquake Hazards Reduction Act. This law Finally, in February 1997, agreement was reached on requires that cities identify all un-reinforced masonry a program that achieves the long sought"right (URM) buildings and then establish programs to balance". The program includes the following key reduce the hazards to the community posed by them. elements: Since the adoption of this law, California has • Defers a mandatory deadline for full experienced several violent earthquakes, changing the face of some communities forever. For example, strengthening from the proposed year 2000 to because of its high concentration of URM buildings, and in the interim leaves the ultimate decision the 1989 Loma Prieta earthquake nearly destroyed decision for building improvement timing up to downtown Santa Cruz. the property owner; San Luis Obispo is much like Santa Cruz,with over • Allows seismic strengthening to occur in two 80 URM buildings in the downtown alone. On any progressive phases- partial (Level A) and full given day, these buildings are occupied by thousands (Level B); of people. The City has taken several steps required under the State law, such as identifying the buildings • Establishes strong incentives to complete and adopting improvement standards. However, strengthening sooner rather than later, including unlike many cities, it has never implemented a the availability of grant funds on a first-come, program to actually strengthen the buildings. first-served basis; The major obstacle to establishing a program has • Promotes an evenly paced progression toward been the difficulty in finding the right balance between full building code strengthening through various the need to strengthen the buildings and the cost of doing so. For several years,the City and the actions"triggered" by property owners business community struggled to find this balance. themselves; City staff strongly advocated for a mandatory • Provides ongoing shared monitoring to assure program with a year 2000 deadline; many business that the program is working. persons and property owners resisted any program at all. The effort eventually reached an impasse-which While neither the Task Force nor City staff achieved offered no added safety to the public and no all of their respective goals, collectively the predictability for property owners. compromise program is designed to achieve the In 1994, a breakthrough was achieved when the City most important goals of both: meeting the City's Council directed staff to work with the Chamber of obligation to protect people and the downtown, and Commerce Seismic Task Force to develop a program meeting the Task Force's desire for a plan that is to make buildings more earthquake safe, but through reasonable and feasible for those required to make methods less burdensome than earlier proposals. the improvements. Over the next three years, the Task Force and City The proposed program is outlined on the reverse. staff negotiated, collaborated, and struggled through TOWH HALL MEETIHOFor questions contact: WHEN March 17, 1997 at 7 • Honrard Carton.Chaimwn, Chamber of Commerce Seismic Task Force, WHERE 641-0176. _ City-County • -ry- Community '•• 995 Tom Baaseh,Chief Building ORcial, City of San Luis Obispo, — 78t-7169. Von suenvikein. , Pry' : S ., Thero osedprogram is based on two levels of strengthening, Levels A and B. Level A (roof to wall P P anchorage, roof diaphragm, and parapet bracing improvements) is considered an interim step prior to all URM buildings being in compliance with full seismic strengthening (Level B), as defined in the Uniform Code for Building Conservation. The program will work as follows: Level A strengthening required • when roof covering is installed on a URM building. Level B strengthening required • when roof covering is installed on a URM building after January 1, 2007. • when a change of occupancy classification occurs in a URM building. • when cost of remodeling/alterations exceeds 50% of replacement cost of building. • by January 1, 2017. IRCIONVOS to assist property owners in complying with the program will include: • Credit towards application and permit fees of up to the cost of providing the structural analysis. • Waiver of fees related to a URM seismic strengthening project that does not result in any increase in floor area, including parking-in-lieu, traffic impact, and sewer and water impact fees. • Waiver of construction permit and planning fees for URM replacement buildings. • Free inspections for off-hours work. • Waiver of sewer and water use charges during the construction period, limited to a maximum of 6 months and not to exceed the previous 6 months of occupied use. • Free contractor parking available on the street near the construction site, limited to 3 free spaces directly adjacent to the building undergoing URM strengthening. If less than 3 spaces are available directly adjacent, contractor may obtain written permission from adjoining business for use of other spaces. Free spaces shall not exceed a 6-month duration. • Conversion of a building to a low risk occupancy (warehouse or residential use up to 5 dwelling units) as identified in State law. • Simplified process for demolition of non-historic URM buildings. • Deferral of fire-sprinkler installation for URM buildings in the downtown zone until 2017 unless triggers cause Level B strengthening at an earlier date. • Technical assistance in forming a voluntary assessment district to complete URM strengthening and fire sprinkler installation if there is sufficient property owner interest. • Availability of $250,000 grant fund on a first-come, first-served basis to partially offset URM strengthening cost. Level A strengthening -25% of cost up to $5,000. Level B strengthening - 25% up to $25,000. �—O Attachment 2 San Luis Obispo Chamber of Commerce 1039 Chorro Street • San Luis Obispo, California 93401-3278 (805) 781-2777 • FAX (805) 543-1255 e-mail: slo-chamber@slonet.org April 3, 1997 David E. Garth, President/CEO Tom Baasch Chief Building Official City of San Luis Obispo 990 Palm Street Q San Luis Obispo, CA 93401 �0 O 7� Re: Un-reinforced Masonry Building Program Dear Tom: On February 20, 1997, the San Luis Obispo Chamber of Commerce Board of Directors unanimously voted to endorse the Proposed URM Building Mitigation Program. Subsequently, the Chamber's Seismic Task Force Committee has had the opportunity to review and discuss the Legislative Draft of the proposed amendments to the Uniform Code for Building Conservation for the City on this matter. Aside from a few minor revisions,we continue to support the Proposed URM Building Mitigation Program as drafted. The URM Building Mitigation Program is clearly tailored to our community and has achieved a balance of the many perspectives which we have all struggled with, collaborated on, and negotiated for during the five plus years we have worked on this project. We look forward to tying up a few loose ends and moving forward to our presentation of the URM Building Mitigation Program to the City Council on April 15. Sincerely, 19 d Robert L. Griffin Hoand Carroll Chairman of the Board Chairman of the Seismic Task Force TEN YEARS ACCREDITED CY�YpCQ CV(dYY[LC[ a�Blo]• ]Ouula;l �-9 ,u Attachment 3 i Memorandum i 27 March 1997 To: Tom Baasch,Building Dept. From: OWeborah Holley, BIA r I Re: Seismic Task Force Recommendation The BIA Board of Directors unanimously approved the Proposed Earthquake Safety Program for li reinforcing URM Buildings (now commonly referred to as UMBs by other California Main Street communities). The Board reviewed the program summary submitted by the Task Force Committee, of which the BIA was a member, and agreed to the Level A, Level B strengthening requirements and incentives. Minutes of this action are attached. L i Ii I i i. I! i I P.O.Bos 1402•San Luis Obispo•CA•93406.805/541-0286•Fax 8051781-2647•e-mail:biaOslonet.org A0. 1 (9,11 1 Downtown Business Improvement Association I' Board of Directors Meeting 11 March 1997 7:30 AM City County Library COMMUNITY ROOM (venue change) Agenda r i 1. Call to order Gilreath 2. Public Comment At this time,members of the public may address the board about those items not on the agenda. Please come forward and state your name,address and business name if applicable. Comments are limited to three minutes. Any item requiring action will be referred to staff and may appear on a future agenda. 3. Approval of minutes of 11 February 1997 i 4. Welcome newly elected board members/thank departing members Gilreath 5. Parking on Sundays Gilreath 6. Parking Survey Progress Report Spangler, DiLucia 7. Prado Update/Special Project Hedges/Holley I li 8. Casino Night Cotta 9. Old Business Gilreath A. Board Retreat B. Seismic Update i C 10. New Business Gilreath A. PCC Grant B. Survey Results C. Advisory Body Reception 11. Administrator's Report Holley 12. TNA/Promotions Coordinator's Report Eberle 13. Committee Reports A. Beautification Patrick _ B. Promotions Reeves C. Thursday Night Activities Tucker I P.O.Bar 1402•San.L is Obispo•CA•93406.8051541-0286•Far 8051781-2647•e-mail:bia@slanetorg �/ Parking ' Spangler said 21st Feb is date for bimonthly parking committee/city staff meeting. 24th Feb is date for steering committee/parking study. Survey results should be available at that time. Regarding enforcement on Sunday; parking committee has not yet met this month--waiting for input from parking dept. to see if economically feasible to chalk/meter on Sundays. Also waiting for results from survey. Mike reviewed letter from frustrated shopper/parker. He indicated the T-T had given coverage to the mural on Palm SL structure; said he was writing an editorial to let parkers know how their money was being spent--mural, parking study, artifact cataloging, property. He said parkers, who fund the enterprise fund, are given no credit for their contribution to these projects. Seismic Task Force Update Carroll gave a brief history of seismic (retrofit) program; as of 6/30/95 the seismic safety commission reported 85% in compliance statewide;however not the city of SLO, behind rest of state. Of the 126 URMs, 50% are in the Downtown. The Chamber established a Task Force to help establish an ordinance to meet compliance requirements. A lot of work has been done by the Task Force and at a General Meeting on March 17, the language for the proposed ordinance will be discussed at the community level. Carroll said the Task Force is looking for BIA suppoNapproval and will be going to the Chamber board in March. Rademaker made a motion to endorse the proposed ordinance; 2nd by Terhune, PAIF. Meeting adjourned 9:10 AM. Prepared by D. Holley 2-18-97 l� Attachment 4 San Luis Obispo fe`l'1 jq� Property Owners Association 3 . P.O.Box 12924 San Luis Obispo,CA 93406 March 12, 1997 Mr. Howard Carroll, Chairman Chamber of Commerce Seismic Task Force 1009 Morro Street San Luis Obispo, CA 93401 Re: Unreinforced Masonry Building Mitigation Program Dear Mr d4*eD.I, The Board of Directors ofthe San Luis Obispo Property Owners Association(SLOPOA)has reviewed the proposed"Unreinfimed Masonry Budding Mitigation Program"for the City of San Luis Obispo. We voted unanimously to support the mitigation program that both the Chamber of Commerce and the City Staff have worked out. While all of the board members agreed that the proposed program was a good compromise on a complicated issue, we do have some concerns on a couple of issues. We are very concerned about the individual building owners ability to finance the retrof t program especially for those with very high loan-to-value ratios. What about the owners who cannot raise the money if the City's source of finding through the proposed assessment district does not work?Will the City guarantee private funds that the owners can tap into? �Lk We also feel that the"change of occupancy'trigger for the level B retrofit is too arbitrary. What if the clamificafion is to a less restrictive occupancy? What if there is no construction and no building permit required to make the change of occupancy? Thank you for all your work on this difficult issue. Please let me know if our board can do anything else to help with the approval of the ordinance. Sincerely, `:--,� �� auSC� Dick Cleeves, President ct v San Luis Obispo Properly Owners Association ��3 Attachment 5 �IIIIIIIII IIIIIIIIIIIIIIIIIIII MEMORANDUM ' j CITY OF SAN LUIS OBISPO TO: Mayor and City Council VIA: John Dunn, City Administrative Officer FROM: Arnold Jonas, Community Dev�re,�lppment Director 0 BY: Jeff Hook, Associate Planner ? DATE: March 26, 1997 SUBJECT: Cultural Heritage Committee endorsement of the proposed Seismic Retrofit Program. At its March 24, 1997 meeting, the Cultural Heritage Committee (CHC) voted 7-0 (moved by Comm. Giberti, seconded by Comm. Edmisten) to endorse the Unreinforced Masonry Retrofit Program concept, as described in the attached flyer and as presented to the CHC at its February 24' meeting. CHC members supported the program's flexibility and viewed it as a balanced, well-designed approach which would further the City's historic preservation goals. The Committee's endorsement was solicited by Howard Carroll, Chair of the Chamber of Commerce Seismic Task Force. CHC members Garth Kornreich and Dan Krieger have served on the Task Force to help provide input on architectural and historic preservation issues. Attachment cc: Ken Hampian, Tom Baasch, Alice Loh j1/L:cq=mo7.wp e1�� Attachment 6 gum wl al, The City will provide technical assistance in the formation of a voluntary assessment district for seismic strengthening, should property owner interest be sufficient to warrant forming such a district (this probably means a minimum of$3 to $5 Million in improvements). The district can also include financing for fire sprinkler retrofit, if desired by the property owner. While such a district may make financing available at lower interest rates and over a longer term (e.g. 20 years) than conventional financing, the main value is in making funding available to properties that might not otherwise qualify for conventional financing due to credit or net equity concerns. Soon after ordinance adoption, City staff will assist in determining if such interest is present, and if so, will provide the following technical services: • Packaging the loans • Coordinating bond counsel, financial advisor, and underwriter services • Issuing the bonds • Administering debt service payments Following this initial effort (and whether or not a district is initially formed), the City will continue to offer assistance in forming an assessment district, but only if sufficient property owners come forward, at their initiative, to request such assistance. At no time are subsidies for the cost of issuance, interest rate., or principal intended. Note 0 As information,a number of cities in California have used assessment district financing for seismic safety improvements. In them cities,the seismic strengthening programs have been mandatory,which meant that there was vAdBWmd participation, relatively high value improvements and with a limited time duration for participation. The City continues to caution that assessment district financing might not be feasible under our quite different circumstances Attachment 7 LEGISLATIVE DRAFT Proposed Amendments to the Uniform Code for Building Conservation for the City of San Luis Obispo Unreinforced Masonry Building Strengthening Program Municipal Code Section 15.04.050 D is renumbered 15.04.050 F and Section 15.04.050 E is renumbered 15.04.050 G. New sections 15.04.050 D and 15.04.050 E are created as follows: D. Amend Section A103 to add the following definitions: Imld L .....HOM MAW firs, � Wffdax... 'Wlfe!....0 'd 1 xx. ........................ ....... ... ... . .. .... X.. . ....... . ... .... ....... Us `Bu tti oog <::. : ...... ....i............ E. Amend Section A105 to add Section A105.4 to read as follows: A Municipal Code Section 15.04.050 G(renumbered) is amended as follows: G. Add new Appendix Section Al 15 entitled "Administrative Provisions" to read as follows: SECTION A115- ADMINISTRATIVE PROVISIONS A115.1 Compliance Requirements. 1. The owner of each building within the scope of this chapter shall, upon service of an order, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such. Said analysis shall include the preparation of a report detailing the investigation, evaluation, test data, conclusions, and recommendations to establish compliance with this chapter. If the building does not comply with seismic standards established in this chapter, the report shall specify the work and cost necessary to structurally alter the building to J4 conform to such standards. The Building Official shall establish a basic outline for the format of the report. 2. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting the analysis report to the Building Official for review and acceptance within 18 months of the service of an order. ffi :X.X. vf�*' WE ::61 il i.. a r.0 :1. ....................... ....... mar IN.;- dd U0 . ....I .. i VIP 40. :i� A W th 1 14 t: 6.H.4"': b t. areA 9X co .... ..... ... MR. 9:0 a 4. The owner of a building within the scope of this chapter shall structurally alter the building to conform to the seiswiie stander-ds ef this eh"! ........... ......................... S.: engtj...e;,":r_ eause the building te be deme when eithe of . ..M .......... the following occurs: 3 4 .1 The value of additions, alterations, and/or ::>;:<::::><:>::>;_::<::>:>;::;<: cumulative lative fom March 41992, exceeds 50Kpi, , percent of the replacement cost of the building established by the Building Official'per Section 304.2 of the Uniform Administrative R ZMH. M J �P i .. h... . .. n staa: XHX. e.H.xx A X.C.En. X41 Jaw "A... fjfl�....0... �q Poll, i.pWiWeVii�1i........bi: ............... ......... V6.406ffil" -.2m. '.P ........... am th, ..99z.. ..................110111-1,11.1- OR, 3 ,4 .2 The use of the building changes to a different division of the same occupancy group or to a different occupancy group. EXCEPTION: 1. Notwithstanding the provisions of Section 3405 of the Building Code, buildings containing more than one occupancy classification need not eemply with dis eshaptelse 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, K S and U from an equivalent category as defined in the previous editions of this code. 2 �:" ;:,�::i,:::::i ::.::...:::..::.:�:}: ::i:rL:�::3: n.,:::;,�:<:'%�Y2�::::::':::'t: :::_:::�::"`::::':::#::i:::y;.,,..::';:5::'.. .........::. ::.: :: Att occupancy class�catt�� �l�nge #� a Group.R,.Dcv�s�t�� 1,; +q� pa� .t�crt rru�ro tea.due dvvel u�tits. oupscy �classo phange t a CrrQup S CkcupaII ost*vtlxtt huzuaat:habstat;on used a c+r a as a>quax....O. .S.6:.....:::::::. .......:...... >; toal c ert <xs:r. amX.,rovert�dxtter�snt�;.. ::::::........,.::.:.::.:..:.:.:,.:g.,:.:::::+1 :.,.:.:. ...:....,,.... . . .y. �v n. IEu"aItlgs; t rflpl�atti vsntlY.Iew A Sti�engthenulg::; .:..:.:... :.......:.. Notwithstanding the above provisions of Section A115.1.4, the owner of a building within the scope of this chapter shall structurally alter the building to conform to Level B Strengthening or cause the building to be demolished by January 1, 2017. 4. Pis ehapteF dees net eq ineehanieal, or-fire safety systems. A115.2 Service of Notice and Order A115.2.1 General. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. A115.2.2 Notice. The Building Official shall, within 30 days of the effective date of thisdetrtnzttatt t) s ct ...bmldisg::is- 1., nreurox . mases: n t c c issue a notice as provided in this section to the owner of ewh building within the scope of this chapter. A115.2.3 Order. The Building Official shall issue an order as provided in this section to the owner of each building within the scope of this Chapter. A115.3 Content of Notice and Order A115.3.1 General. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities. A115.3.2 Notice. The notice shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. 3 p ,4'f0 A115.3.3 Order. The order shall direct the owner to obtain and submit„to the gagiw= fficial the structural analysis requiredby this chapter;�::::::::::i':;:.;:.:i:::.;::;;:.;:<.: .::.::�:::..:..::..:::.:n"::;:y:::.y.;;::.:.;;:.;:.::.::::;%::;:::::y,,:;,:�:::::i:.i:.!I:.:I...:::.�.�:,?,:jy%'.:::!Yiiii' >be uctural y t r+eti spa ca vy :the prc�vtsl� A WIu ter:prEdng tv"�e emc��Sl�` A115.4 Appeal. The owner of the building may appeal the Building Official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 204 of the Uniform Administrative Code. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.3. Appeals or requests for modifications from any other determinations, orders or actions by the Building Official pursuant to the chapter shall be made in accordance with the procedures established in Sections 1052 106 and 204 of the Uniform Administrative Code. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. A115.5 Recordation. At the time that the Building Official serves the aforementioned notice, the Building Official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the Building Official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter. tlY reques[ "an twn of a lutldut subp tq the prt�rrisr®n .of flus+ pt�r; the butler o sha1. ::be .ttlte:;strg. tie bevelurxtxIiae..vrri .> wra t ,rec_.Jo rr ttt�.ca>:re a A115.6 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within the time limit set forth in Section A115.1, the Building Official shall verify that the record owner of this building has been,properly served. If the order has been served on the record owner, then�ile, clyng:"slatt :;apply CTT he Building Official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the Building 4 ON9 Official may order its demolition in accordance with the provisions of ' Section 203 of the Uniform Administrative Code. vso es: vssrtkn:<nfi:Ih s::N......::. .......::.::.::.::.:::::.,::::. :::..::::.:,...::::....::::: tsderneai as sub� ct to the;�li'astix�rrrd 2d fflf xp Chapter I l us>::i. - l............. :.:: uapa:.< ; i; :it ,.; :as :' sue aterntae. <: pn.:i:<::;: .....Si ..::..:.:::.:... .>:':. ... ........:.:.::.:.i:. <.i:.: c rimes as ;" , .1�t4 afthcp A115.7Pty"ra ' ntrn' ;;;dud Annual Report. During January of each >;....a..::.:.....::...:..:........ g 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. vi:>:y:.:i:::::>::isii:•}>:'...:..i..:.:>•}%Cf!!.)>)`::i':is)`:!!.: ...::::::.:...::::�.:: .::::.:.v:n'.a..::i':. !!,.�:J::1iii...........i' ':i:... :..i.:..:..:.:::.:is:.. i:.:::.::.::::..::..::..:i:i:::.:i:i:::i:j::::':i::i"i::i::::�.i��:' ..: .i'.iii::A::::ni:iiY¢i'!!•:.:":i:::.::: ::!i!::.: as::;vv. 11;:;as>;recazrd�a�rns;�or;: rri'eci'Eoi"ttnx`eap�t�r c Bathe yearf , arbrtsate[ £l�i ref btuding1 ............................................................... yii.N;;:.:i0:`}:.:�.ismp;v;.ia::nv.:pY..wx.xn:imy:x�.v.i.i:.n:ni:Yi::%�iY:n:!:.i:,:i:%C:iiJ�•;:yii':!:.;:.!;:.yx;;�:nF{nw Vii: 3;. ate year t3 2 .ap rrs� ate 6E1'i' f a p rl"ttsgs It.ccirt�pi lI-No. tengtheru�g<; MOM kite: e :� <a :cdeet > R1Vt;;bdurgsuI. ilrId: :::;>::::::::1 ::::::. a. or.cieteung;calydcce wttlt the abv ,gaas, demohltan fl ;a: M�auduig t cflr, tiered i sates�s.i eves B Sti t erti�t s p ta, e t 5SH �allb�:� fluxhe:tn� �i�teut�r,�.�� �iiit �`;� dut�s�s�>��aaaxy.Ix: 9Zz buildags or as dafie atddi#tnr ;. 5 7O Attachment 8 ORDINANCE NO. (1997 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE UNIFORM CODE FOR BUILDING CONSERVATION AS ADOPTED IN TITLE 15, CHAPTER 15.04 OF THE MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR STRENGTHENING UNREINFORCED MASONRY BUILDINGS WHEREAS, the City of San Luis Obispo contains 113 buildings of unreinforced masonry construction determined to be "potentially hazardous" during a seismic event; 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 et seq. 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 City 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 cost effective manner. 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. Section 15.04.050 D is renumbered 15.04.050 F, Section 15.04.050 E is renumbered 15.04.050 G and new sections 15.04.050 D and 15.040 E are created as follows: D. Amend Section A103 to add the following definitions: LEVEL A STRENGTHENING of an unreinforced masonry building is compliance with the provisions of this chapter, limited to the removal of or bracing of parapets, installation of anchors between walls and root and installation of anchors between walls and floors. LEVEL B STRENGTHENING of an unreinforced masonry building is compliance with 9 provisions of this chapter. Ordinance No. (1997 Series) Page 2 ' ROOF COVERING is any roof-covering assembly allowed by the Building Code. E. Amend Section A105 to add Section A105.4 to read as follows: A105.4 Permit Requirement. Notwithstanding any interpretation of work exempt from a permit as provided in the Uniform Administrative Code, a building permit shall be required for the installation of a new roof covering and required strengthening improvements. B. Section 15.04.050 G (renumbered) is amended as follows: G. Add new Appendix Section Al 15 entitled "Administrative Provisions" to read as follows: SECTION A115-ADMINISTRATIVE PROVISIONS A115.1 Compliance Requirements. 1. The owner of each building within the scope of this chapter shall, upon service of an order, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such. Said analysis shall include the preparation of a report detailing the investigation, evaluation, test data, conclusions, and recommendations to establish compliance with this chapter. If the building does not comply with seismic standards established in this chapter, the report shall specify the work and cost necessary to structurally alter the building to conform to such standards. The Building Official shall establish a basic outline for the format of the report. 2. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting the analysis report to the Building Official for review and acceptance within 18 months of the service of an order. 3. The owner of a building within the scope of this chapter shall structurally alter the building to conform to Level A Strengthening when roof covering is replaced or overlaid. For buildings with multiple roof levels, strengthening may be limited to the building area directly below the roof area to be covered with new roof covering. 4. The owner of a building within the scope of this chapter shall structurally alter the building to conform to Level B Strengthening when at a2� Ordinance No. (1997 Series) . Page 3 least one of the following occurs: 4.1. 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. 4.2. The use of the building changes to a different division of the same occupancy group or to a different occupancy group. EXCEPTION: 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. 4.3. Roof covering is replaced or overlaid after January 1, 2007. EXCEPTION: Buildings in compliance with Level A Strengthening prior to January 1, 2007. ,2�3 Ordinance No. (1997 Series) ' Page 4 Notwithstanding the above provisions of Section Al 15.1.4, the owner of a building within the scope of this chapter shall structurally alter the building to conform to Level B Strengthening by January 1, 2017. A115.2 Service of Notice and Order A115.2.1 General. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent chargeor or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on tum by the provisions of this chapter. A115.2.2 Notice. The Building Official shall, within 30 days of the effective date of this chapter or determination that a building is of unreinforced masonry construction issue a notice as provided in this section to the owner of a building within the scope of this chapter. Al 15.2.3 Order. The Building Official shall issue an order as provided in this section to the owner of each building within the scope of this Chapter. A115.3 Content of Notice and Order A115.3.1 General. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities. A115.3.2 Notice. The notice shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. A115.3.3 Order. The order shall direct the owner to obtain and submit to the Building Official the structural analysis required by this chapter and/or cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. A115.4 Appeal. The owner of the building may appeal the Building Official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 204 of the Uniform Administrative Code. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section Al 15.3. Appeals or requests for modifications from any other determinations, — . Ordinance No. (1997 Series) Page 5 orders or actions by the Building Official pursuant to the chapter shall be made in accordance with the procedures established in Sections 105, 106 and 204 of the Uniform Administrative Code. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. A115.5 Recordation. At the time that the Building Official serves the aforementioned notice, the Building Official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the Building Official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter. At the request of an owner of a building subject to the provisions of this chapter, the building official shall file a certificate stating the level compliance with the various requirements of Section Al I5. A115.6 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within the time limit set forth in Section Al 15.1, the Building Official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply: 1. The Building Official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the Building Official may order its demolition in accordance with the provisions of Section 203 of the Uniform Administrative Code. 2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter .�o2'S Ordinance No. (1997 Series) ' Page 6 1.12 of the San Luis Obispo Municipal Code. The City may also pursue alterative civil remedies as set forth in Section 1.12.090 of the Municipal Code. 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. . The annual report at five-year intervals, beginning in the year 2002, shall include the degree of accomplishment of the following goals, as well as recommendations for modification of this chapter if necessary: 1. By the year 2002, approximately 50% of all URM buildings will comply with Level A or Level B Strengthening. 2. By the year 2007, approximately 95% of all URM buildings will comply with Level A or Level B Strengthening. 3. By the year 2012, approximately 60% of all URM buildings will comply with Level B Strengthening. 4. By the year 2017, all identified URM buildings subject to this chapter will comply with Level B Strengthening. For determining compliance with the above goals, demolition of a URM building shall be considered the same as Level B Strengthening. The percentage calculation shall be based on the total inventory of confirmed URM buildings as of January 1, 1990 (126 buildings) or as modified at a later due to additional findings. SECTION 2. 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. Ordinance No. (1997 Series) Page 6 ordinance. SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the names of Council Member voting for and against, shall be published at least 5 days prior to its final passage in the Telegram Tribune, a newspaper published and circulated in said City. This ordinance shall go into effect at the expiration of 30 days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of , 1997, on motion of seconded by ,and on the following roll call vote: AYES: NOES: ABSENT: MAYOR Allen K. Settle ATTEST: Bonnie Crawl; CITY CLERK APPROVED: City Attorn T Attachment 9 ' RESOLUTION NO. (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AN INCENTIVE PROGRAM TO ASSIST IN THE STRENGTHENING OF UNREINFORCED MASONRY BUILDINGS WHEREAS, the City of San Luis Obispo contains 113 buildings of unreinforced masonry (URM) construction determined to be "potentially hazardous" during a seismic event; and WHEREAS, the City of San Luis Obispo is subject to the provisions of Section 8875 et seq. of Chapter 12.2,Division 1, Title 2 of the Government Code, requiring that the City establish a mitigation program to substantially reduce the hazards associated with URM buildings; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide citizens with the greatest degree of life safety involving buildings of URM construction in the most cost effective manner,and WHEREAS, the City Council of the City of San Luis Obispo seeks to encourage seismic strengthening of URM buildings in a timely fashion by assisting owners of URM buildings;and WHEREAS, it is in the public interest and serves an important municipal purpose to provide incentives for the strengthening of URM buildings;and WHEREAS, the City Council of the City of San Luis Obispo held a noticed public hearing conceming incentives and other forms of assistance on April 15, 1997. BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby establishes the following: SECTION 1. FEES. A. Resolution No. 8089 (1992 Series), establishing a credit to be applied to the fees for an architectural review application, plan review, and/or building permit for a URM strengthening related projects, shall be continued. The amount of the fee credit shall be limited to the total documented cost to provide the structural analysis for the URM building required by Uniform Code for Building Conservation Appendix 1, as adopted and amended. B. Fees related to a URM seismic strengthening project that does not result in any increase in floor area shall be waived, including parking-in-lieu, transportation impact, and sewer and water impact fees. C. Construction permit and planning fees for URM replacement buildings shall be waived. Resolution No. (1997 Series) . Page 2 D. Fees for required inspections of URM strengthening work during off-hours shall be waived. E. Sewer and water use charges during the construction period for a URM strengthening project, limited to a maximum of 6 months and not to exceed the previous 6 months of occupied use, shall be waived. F. Fees for contractor parking on the street near the construction site, limited to 3 spaces directly adjacent to the building undergoing URM strengthening, shall be waived. If less than 3 spaces are available directly adjacent, contractor may obtain written permission from adjoining business for use of other spaces. Free spaces shall not exceed a 6-month duration. SECTION 2. CONVERSION. A URM building may be totally converted to a warehouse or residential use up to 5 dwelling units and be exempt from compliance with Appendix l of the Uniform Code for Building Conservation as adopted by the City. SECTION 3. DEMOLITION. As allowed by demolition regulations in Appendix Chapter 1 of the Uniform Building Code, as adopted by the City, a demolition permit for a URM building that is not listed on the Inventory of Historical Resources is subject only to photographic documentation and the 90-day advertising of availability for moving or salvage. SECTION 4. FIRE SPRINKLERS. The fire-sprinkler installation deadline for URM buildings in the downtown zone shall remain tied to the final URM Level B Strengthening deadline (2017) as allowed by previous ordinance, unless triggers cause Level B Strengthening at an earlier date. SECTION 5. ASSESSMENT DISTRICT. The City shall provide technical assistance in forming a voluntary assessment district to assist in financing URM strengthening projects and fire sprinkler installation if there is sufficient property owner interest. SECTION 6. GRANTS. The City will provide a$250,000 grant fund, available on a first-come, first-served basis to partially offset URM strengthening cost. For Level A Strengthening, the maximum grant shall be 25% of strengthening cost up to $5,000; and for Level B Strengthening, the maximum grant shall be 25% of strengthening cost up to $25,000. �;z9 Resolution No. (1997 Series) Page:3 Upon motion of seconded by--- and on.the following roll call vote: -- — - - -- AYES NOES. ABSENT: the foregoing resolution wasadopted this.. . day of _ ___ _ - 1997. Mayor Allen K $6.gle - ATTEST: Bornue Gawf City Clerk----- APPROVED AS T ORM: orif - - -- _- :ZCAO 0 FA[J;P. N",E ET I NG AGENDA :;f ACAO 0FIRE CHIEF D h�T E I T E N1 # ATTORNEY 0 PWDin Neop Y r _YtILERKOTC. 0 POLICE CHI- MG1JrrT=_.;.1.:. 1_' REG DIR Sporting Goods 1- C REAr Fi-,- U7;i.-';r' 886 Monterey St., San Luis Obispo, CA 93401. (805) 543-2197 URM Proposal By Thomas Bello The proposed program is based on two levels of strengthening, Levels A and B. Level A(roof to wall anchorage, roof diaphragm if needed, and parapet bracing improvements)is considered an interim step prior to all URM buildings being in compliance with full seismic strengthening(Level B), as defined in the Uniform Code for Building Conservation. The program could work as follows: Level A strengthening required a When roof covering is installed on a URM building with no time deadline. Level B strengthening required • When a change of occupancy classification occurs in a URM building. • When cost of remodeling/alterations exceeds 50%of replacement cost of building. Incentives to assist property owners in complying with the program will include: 0 Credit towards application and permit fees of up to the cost of providing the structural analysis. 0 Waiver of fees related to a URM seismic strengthening project that does not result in any increase in floor area,including parking-in-lieu,traffic impact, and sewer and water impact fees. 0 Waiver of any payments to school district for construction permit for URM replacement buildings. 0 Waiver of construction permit and planning fees for URM replacement buildings. 0 Guaranteed retention of grandfather features for URM retrofits. 0 Free inspection for off-hours work. 0 Waiver of sewer and water use changes during the construction period, limited to a maximum of 6 months and not to exceed the previous 6 months of occupied use. 0 Free contractor parking available on the street near the construction site, limited to 3 free spaces directly adjacent to the building undergoing URM strengthening. If less than 3 spaces are available directly adjacent, contractor may obtain written permission from adjoining business for use of other spaces. Free spaces shall not exceed a 6-month duration. • Conversion of a budding to a low risk occupancy(warehouse or residential use up to 5 dwelling units)as identified in State law. • Simplified process for demolition of non-historic URM buildings. • Voluntary fire-sprinkler installation for URM buildings in the downtown zone. • Availability of$250,000 grant fund on a first-come, first-served basis to partially offset URM strengthening cost or budding replacement. Level A strengthening cost—25%of cost up to$5,000. Level B strengthening— 25%up to$25,000. RECEIVED APR 1 '"/ CITY COUNCIL r MEETING AGENDA MEMORANDUM DATE ITEM # CITY OF SAN LUIS OBISPO TO: Mayor and City Council VIA: John Dunn, City Administrative Officer FROM: Arnold Jonas, Community Development Director e BY: Jeff Hook, Associate Plannpp DATE: March 26, 1997 ll//�� SUBJECT: Cultural Heritage Committee endorsement of the proposed Seismic Retrofit Program. At its March 24, 1997 meeting, the Cultural Heritage Committee (CHC) voted 7-0 (moved by Comm. Giberti, seconded by Comm. Edmisten) to endorse the Unreinforced Masonry Retrofit Program concept, as described in the attached flyer and as presented to the CHC at its February 24te meeting. CHC members supported the program's flexibility and viewed it as a balanced, well-designed approach which would further the City's historic preservation goals. The Committee's endorsement was solicited by Howard Carroll, Chair of the Chamber of Commerce Seismic Task Force. CHC members Garth Kornreich and Dan Krieger have served on the Task Force to help provide input on architectural and historic preservation issues. Attachment ECOUNCIL r MoD UIR j AO ❑ FIN DIR cc: Ken Hampian, Tom Baasch, Alice Loh ACAO ❑ FIRE CHIEF ATTORNEY ❑ PW DIR j%/L:cfrymemo7 aP WCLERWORIG ❑ POLICE CHF ❑ MGMTTEAM ❑ REC DIR ❑ C 9E.AD Fur: ❑ u nL DIR ` ��� 0 ?I=RS Diq Nt unreinforced Masonry Building !Mitigation Program Over 10 years ago,the California Legislature adopted dozens of extremely difficult and complicated issues. the Earthquake Hazards Reduction Act. This law Finally, in February.1997, agreement was reached on requires that cities identify ail un-reinforced masonry a program that achieves the long sought`right (URM) buildings and then establish programs to balance'. The program includes the following key reduce the hazards to the community posed by them. elements: Since the adoption of this law, California has • Defers a mandatory deadline for full experienced several violent earthquakes, changing strengthening from the proposed year 2000 to the face of some communities forever. For example, 2017, and in the interim leaves the ultimate because of its high concentration of URM buildings, decision for building improvement timing up to the 1989 Loma Prieta earthquake nearly destroyed the property owner; downtown Santa Cruz. San Luis Obispo is much like Santa Cruz,with over • Allows seismic strengthening to occur in two 80 URM buildings in the downtown alone. On any progressive phases-partial (Level A) and full given day,these buildings are occupied by thousands (Level 13); of people. The City has taken several steps required Establishes strong incentives to complete under the State law, such as identifying the buildings and adopting improvement standards. However, strengthening sooner rather than later, including unlike many cities, it has never implemented a the availability of grant funds on a first-come, program to actually strengthen the buildings. first-served basis; The major obstacle to establishing a program has • Promotes an evenly paced progression toward been the difficulty in finding the right balance between full building code strengthening through various the need to strengthen the buildings and the cost of actions"triggered'by property owners doing so. For several years, the City and the themselves; business community struggled to find this balance. City staff strongly advocated for a mandatory • Provides ongoing shared monitoring to assure program with a year 2000 deadline; many business that the program is working. persons and property owners resisted any program at all. The effort eventually reached an impasse-which While neither the Task Force nor City staff achieved offered no added safety to the public and no all of their respective goals, collectively the predictability for property owners. compromise program is designed to achieve the In 1994, a breakthrough was achieved when the City most important goals of both: meeting the City's Council directed staff to work with the Chamber of obligation to protect people and the downtown,and Commerce Seismic Task Force to develop a program meeting the Task Force's desire for a plan that is to make buildings more earthquake safe, but through reasonable and feasible for those required to make methods less burdensome than earfrer proposals. the improvements. Over the next three years, the Task Force and City The proposed program is outlined on the reverse. staff negotiated, collaborated, and struggled through For questions contact: Howard Carroll.Chairman, WHE14 March 17, 1997 at 7 pm Chamber of Commerce Seismic Task Force. 541-0178. City-CountyWHERE • CommunityRoom Tom Baasch,Chief Building Official. 995 Palm Street , SLO City of San Luis Obispo. 781-7159. URN sire Moth-ev- Prov The proposed program is based on two levels of strengthening, Levels A and B. Level A (roof to waif anchorage,roof diaphragm,and parapet bracing improvements),is considered an interim step priorto all URM buildings being in compliance with full seismic strengthening (Level 8), as defined in the Uniform Code for Building Conservation. The program will work as follows: Level A strengthening renuired • when roof covering is installed an a URM building, Level B strengthening reouired • when roof covering is installed on a URM building after January 1, 2007. 0 when a change of occupancy classification occurs in a URM building. • when cost of remodelinglalterations exceeds 50% of replacement cost of building. • by January 1,2017. IRCenrIVIRS to assist property owners in complying with the program will include: • Credit towards application and permit fees of up to the cost of providing the structural analysis. • Waiver of fees related to a URM seismic strengthening project that does not result in any increase in floor area, including parking-in-lieu,traffic impact, and sewer and water impact fees. • Waiver of construction permit and planning fees for URM replacement buildings. • Free inspections for off-hours work. • Waiver of sewer and water use charges during the construction period, limited to a maximum of 6 months and not to exceed the previous 6 months of occupied use. • Free contractor parking available on the street near the construction site, limited to 3 free spaces directly adjacent to the building undergoing URM strengthening. If less than 3 spaces are available directly adjacent. contractor may obtain written permission from adjoining business for use of other spaces. Free spaces shall not exceed a 6-month duration. • Conversion of a building to a low risk occupancy(warehouse or residential use up to 5 dwelling units) as identified in State law. • Simplified process for demolition of non-historic URM buildings. • Deferral of fire-sprinkler installation for URM buildings in the downtown zone until 2017 unless triggers cause Level B strengthening at an earlier date. • Technical assistance in forming a voluntary assessment district to complete URM strengthening and fire sprinkler installation if there is sufficient property owner interest. • Availability of$250,000 grant fund on a first-come, first-served basis to partially offset URM strengthening cost. Level A strengthening -25% of cost up to $5,000. Level B strengthening- 25% up to $25,000. I^LBING AGENDA DATE1/�S-p7ITEM # San Luis Obispo Chamber of Commerce 1039 Chorro Street San Luis Obispo. California 93401-3278 (805) 781.2777 • FAX (805) 543-1255 e-mail. slo-chamber@slonet.org (g' OUNCIL CGJ LIR David E. Garth. President/CEO AO 21FIN DIR April 10, 1997 [�/�CAO ❑ FIRE CHIEF 9, TTORNEY ❑ PW DIR CLERK/ORIG ❑ POLICE CHF ❑ MGMTTEAM ❑ REC DIR ❑ C READ FILE ❑ U11L DIR ❑ PERS DIR Mayor Allen Settle City of San Luis Obispo 990 Palm Street . San Luis Obispo, CA 93401 RECEIVED . Re: Unreinforced Masonry Building Program APR i f W, CITY COUNCIL Dear Mayor Settle: 0!�a In 1986 the California State Legislature enacted SB 547 requiring cities such as San Luis Obispo to develop mitigation programs which significantly reduce the hazards presented by unreinforced masonry (URM)buildings. In response to this daunting mandate, the San Luis Obispo Chamber of Commerce Seismic Task Force was formed to assist City staff in developing a mitigation program for our City. After more than six years of discussions of the extremely difficult and complex issues surrounding the proposals for the mitigation program, a consensus was reached. The URM Building Program that will be before you on April 15th is tailored to the needs of our community and is not only reasonable but achievable as well. The majority of the 113 URM buildings located in San Luis Obispo are in our historic downtown district. In addition to being an award winning "main street" our downtown district is also the biggest attraction for one of our top industries, tourism. Therefore,it must be preserved in the event of an earthquake. The URM Building Program establishes the technical requirements necessary to strengthen and preserve our URM buildings and creates a number of incentives designed to encourage the owners of URM buildings to strengthen them sooner rather than later. Without the adoption of the URM Building Program as proposed, our downtown will remain in physical and economic jeopardy and will continue to pose a threat to the TEN YEARS safety of our residents and our visitors ACCREDITED cnna or comuev -ems c••..aer w cvu.•e sce O.•tee Y .FO We would like to commend City staff, and in particular Tom Baasch, for their professionalism and tremendous efforts put forth in developing the URM Building Program. Although we did not always agree with each other, the end result is a program that is reasonable and agreeable to all concerned parties. Your approval of the URM Building Program as recommended by City staff will improve the public and economic safety of San Luis Obispo's historic downtown district. Sincerely, Robert L. Griffin Howard Carroll Chairman of the Board Chairman of the Seismic Task Force r