The provisions of this Chapter are intended to establish administrative and general requirements to ensure compliance with and facilitate implementation of the retrofit requirements set forth in Chapters 8.60, 8.64, 8.68, 8.72, 8.76, 8.80 of this Code.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
The following words and phrases as used to enforce the provisions of Chapters 8.58, 8.60, 8.64, 8.72, 8.76, and 8.80 shall have the following meanings:
"California Building Code"
shall mean the 2016 Edition of the California Building Standards Code.
"Santa Monica Seismic Retrofit Laws"
shall mean Chapters 8.60, 8.64, 8.72, 8.76, and 8.80 of this Code.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
(a) 
Upon being ordered by the Building Officer, an owner of a building within the scope of the Santa Monica Seismic Retrofit Laws shall perform a structural analysis of the building by a civil or structural engineer or architect licensed by the State of California, and if the building does not meet the minimum earthquake standards specified in Santa Monica Seismic Retrofit Laws, the owner shall cause the building to be structurally retrofitted to conform to such standards.
(b) 
Structural observation, in accordance with Chapter 17 of the California Building Code, shall be required for all structures in which seismic retrofit is being performed. Structural observation shall include confirmations of work required for conformance with the approved construction documents and existing building elements that are part of the lateral force resisting system. Structural testing and inspection for new and existing construction materials shall be conducted in accordance with the California Building Code and other applicable standards.
(c) 
Special inspection, in accordance with Chapter 17 of the California Building Code and other applicable codes and standards, shall be conducted to confirm work related to the seismic retrofitting of the building. Special inspections shall be conducted by certified special inspectors. Special inspectors shall be hired by the building owner and shall provide reports of special inspection findings to the Building Officer.
(d) 
The structural investigation, structural analysis report, and structural design plans for the seismic strengthening and retrofit for buildings within the scope of the Santa Monica Seismic Retrofit Laws shall be designed by a State of California licensed civil or structural engineer, or a State of California registered architect. Plans and associated documents shall bear the seal and signature of the design professional.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
The Building Officer shall prioritize his or her enforcement efforts as follows:
Priority 1. Unreinforced masonry buildings and concrete tilt-up buildings.
Priority 2. Soft-story buildings with three or more stories.
Priority 3. Soft-story buildings with sixteen or more units
Priority 4. Non-ductile concrete buildings and steel moment frame buildings.
Priority 5. Soft-story buildings with seven to fifteen units.
Priority 6. Soft-story buildings with six or less units.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
(a) 
Compliance time limits for buildings within the scope of the Santa Monica Seismic Retrofit Laws shall be based on the service date of original order issued by the Building Officer.
(b) 
Sale or transfer of title in the building shall not change compliance dates.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
(a) 
Service of Order. When the Building Officer determines that a building is within the scope of the Santa Monica Seismic Retrofit Laws, the Building Officer shall issue an order to the owner(s) of the building to seismically evaluate and, if necessary, retrofit the building. For this purpose, the last known name and address of each property owner as contained in the records of the Los Angeles County Assessor shall be used. The Building Officer shall serve the order in accordance with Section 1.12.080 of this Code. No person shall fail to comply with the Building Officer's order.
(b) 
Proof of Service. Proof of giving notice shall be made in accordance with Section 1.12.090 of this Code.
(c) 
Failure to Receive Notice. Failure of the owner to receive notice of an order shall not relieve the owner of any obligation to comply with the requirement to retrofit a building within the scope the Santa Monica Seismic Retrofit Laws.
(d) 
Contents of Order. The order required by subsection (a) shall specify that the building has been determined by the Building Officer to be within the scope of the Santa Monica Seismic Retrofit Laws and shall contain the following information:
(1) 
Building address.
(2) 
Assessor's parcel number.
(3) 
Building type.
(4) 
Year built.
(5) 
The factual basis supporting the order.
(6) 
The relevant Santa Monica Municipal Code sections outlining the retrofit standards with which the building owner is required to comply.
(7) 
Compliance timeframes.
(8) 
A description of the appeal process, including time frames within which the appeal must be filed.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
(a) 
When the Building Officer determines that a building does not meet the minimum earthquake standards specified in the Santa Monica Seismic Retrofit Laws, the owner shall, within the time period established by the Building Officer, advise all current and prospective tenants, subtenants, lessees, and subleases of the building. This requirement applies regardless of the length of time the person may use and/or occupy the building.
(b) 
With respect to current tenants or lessees, the notice required by subsection (a) of this Section shall be hand-delivered, with a proof of service, or sent by certified mail or otherwise delivered in a form of electronic means acceptable to the Building Officer. A copy of the Building Officer's order shall meet the requirements of this Section.
(c) 
With respect to current subtenants and subleases or prospective tenants, subtenants, lessees, and subleases, the owner shall advise such persons of the Building Officers determination in a method and written format approved by the Building Officer or designee. A copy of the Building Officer's order shall meet the requirements of this Section.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
Except as otherwise provided by Section 8.58.090 of this Code, the owner of any building may appeal any decision or order issued by the Building Officer pursuant to the Santa Monica Seismic Retrofit Laws, including, but not limited to, the initial determination that a building is within the scope of the Santa Monica Seismic Retrofit Laws or the conclusion that a building must be retrofitted, to the Building and Fire Life Safety Commission. Any such appeal shall be filed with the Commission within sixty days of the date of the Building Officer's order or decision. Any such appeal shall be decided by the Commission no later than ninety days after filing. The filing of an appeal would stay the underlying order or decision and the associated time limits. Should the appeal be denied by the Commission the initial time limits shall be restored, unless the Commission authorizes alternate time limits. The Commission's decision shall be final except for judicial review.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
(a) 
Notwithstanding any other provisions of this Code, extensions of time from the stated time limits set forth in the Santa Monica Seismic Retrofit Laws may be granted for good cause, provided that the building owner files a written request with the Director of Planning and Community Development or designee.
(b) 
The decision of the Director of Planning and Community Development or designee may be appealed to a Hearing Examiner, pursuant to relevant procedures set forth in Chapter 6.16 of this Code. The decision of the Hearing Examiner shall be final except for judicial review.
(c) 
Notwithstanding any other provisions of this Code and upon good cause shown, the Building Officer may extend a construction permit issued solely for the purpose of retrofitting a building to comply with Chapters 8.60, 8.64, 8.68, 8.72, 8.76, and 8.80 of this Code.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
Notwithstanding any other provisions of this Code to the contrary, the Zoning Administrator, or designee, may reduce the size of required parking spaces or the number of required parking spaces, to the minimum extent necessary, to achieve compliance with the requirements of the Santa Monica Seismic Retrofit Laws, if the building owner can show that there is no practicable method to complete the required retrofit without the reduction. The reduction in parking spaces shall not exceed twenty percent of required parking spaces or one space, whichever is greater. Nothing in this Section shall be intended to reduce, change, or eliminate an owner's obligations under the Rent Control Laws.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
Notwithstanding any other provisions of this Code to the contrary, construction projects undertaken solely for the purpose of complying with the Santa Monica Seismic Retrofit Laws shall be exempt from the Construction Rate Program set forth in Section 9.37.110 of this Code.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)
Notwithstanding any other provisions of this Code to the contrary, the Public Works Director, or designee, may waive or reduce the requirements of Section 9.21.130 (Resource Recovery and Recycling Standards) of this Code, to the minimum extent necessary, if the building owner can show that there is no practicable method to complete the required retrofit and comply with Section 9.21.130.
(Added by Ord. No. 2537CCS § 1, adopted 3/28/17)