Burbank Municipal Code Div. 4 Mandatory Earthquake Hazard

9-1-16-400.1: PURPOSE:

The City of Burbank is located within the most seismically active area of the country exposing structures to the highest risk of damage due to earthquakes. The City is located in close proximity to the Verdugo Fault, Hollywood Fault, and the San Andreas fault and is therefore susceptible to the geological conditions of earthquake faults. The resulting structural damage in such areas can be severe.

The 1994 Northridge Earthquake caused considerable damage to buildings and structures located in the City of Burbank. Experts expect a massive earthquake on one of the faults under the City within the next 30 years and several earthquakes similar in intensity to the Northridge Earthquake during that same period.

The damage to buildings could expose occupants of these buildings to a potential life-safety risk in future earthquakes. The City of Burbank must protect its population and property and enforce the Building Code so as to provide effective protection for its citizens.

Recent earthquakes, including the 1994 Northridge event, have demonstrated deficiencies in the structural performance of existing wood-framed multi-story buildings with soft, weak, or open front walls. More recent Building Codes have incorporated revisions to the seismic requirements that apply to the design and construction of new or altered buildings but did not mandate retrofit of existing “nonconforming” buildings that predated the revisions.

Pre-1978 buildings of this type are considered potentially hazardous and prone to significant damage, particularly along certain lines of the building at the ground floor, in moderate to major earthquakes. These buildings may lack adequate strength in these susceptible areas to prevent collapse.

The purpose of this section is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing wood-framed multi-story buildings with soft, weak, or open front walls designed under the building codes in effect prior to the adoption of the 1978 California Building Standards Code. Such buildings have been categorized, based on past earthquakes, as being potentially hazardous and prone to significant damage, including possible collapse, in a moderate to major earthquake.

The provisions of this section are minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury on both subject and adjacent properties. The requirement for compliance with these standards does not preclude the utilization, at the building owner’s option and expense, of more extensive strengthening method that might further prevent or limit loss of life or injury or building damage. This section shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered unless they constitute a hazard to life or property.

This section provides for the identification and classification of existing wood-framed multi-story buildings with soft, weak, or open front walls based on the current use of the building. Time periods and standards are also established under which these buildings are required to be structurally analyzed and strengthened for seismic resistance. Where the analysis determines structural deficiencies, this section requires the building to be strengthened. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.2: SCOPE:

The provisions of this section shall apply to wood-framed multi-story residential-use buildings designed under building codes in effect prior to January 1, 1978, which, on the effective date of this section, have soft, weak, or open front walls at the ground floor as defined herein.

Single-family or duplex residential structures that qualify as Occupancy Group R-3 per the Building Code are exempt from the requirements of this section.

Notwithstanding any provision of the Building Code, compliance with this section shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered to comply with existing code unless they constitute a hazard to life or property. The existing electrical, plumbing, mechanical or fire-safety components shall comply with the Building Code if the seismic retrofit interferes with or alters any of these components. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.2.1: RECIPROCITY:

Buildings that have been voluntarily retrofitted pursuant to Ordinance No. 3487 or 9-1-16-A400, prior to the effective date of this ordinance, are exempt from the requirements of this section. In such cases, the building owner shall submit permit documentation supplementing the screening report that validates that the building has been retrofitted and a building permit has been finalized for a soft, weak, or open front walls condition at the ground floor as defined herein. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.3: DEFINITIONS:

Notwithstanding the applicable definitions, symbols and notations in the Building Code, the following definitions shall apply for the purposes of this section:

BUILDING CODE: refers to the current Building Code adopted by the City of Burbank.

ENGINEERING ASSESSMENT REPORT: is a report prepared by a civil or structural engineer or architect licensed by the State of California which shall include detailed and dimensioned drawings of the existing building and structural analysis of the existing conditions with supporting calculations to clarify the presence or absence of soft, weak, or open-front wall conditions of the subject building.

GROUND FLOOR: is any floor within the wood-frame portion of a building whose elevation is immediately accessible from an adjacent grade by vehicles or pedestrians. The ground floor portion of the structure does not include any floor that is completely below adjacent grades.

OPEN-FRONT WALL LINE: is an exterior wall line lacking sufficient vertical elements of the lateral force-resisting system, which then requires tributary seismic forces to be resisted by diaphragm rotation or requires excessive cantilever beyond parallel lines of shear walls. Diaphragms that cantilever more than twenty five percent (25%) of the distance between the first two adjacent parallel lines of lateral force resisting elements from which the diaphragm cantilevers shall be considered excessive. Cantilevers shall not exceed more than six feet. Diaphragm cantilevers or exterior balconies of 6 feet or less in width shall not be considered excessive cantilevers.

OWNER OR BUILDING OWNER: is the person, individual(s), agent, firm, corporation, or entity having legal possession, equitable interest in the property, or rights to sanction evaluation or retrofit of a building.

RETROFIT: is an improvement of the seismic lateral force resisting system by alteration of the existing structural elements or addition of new structural elements.

SCREENING REPORT: is a city-standardized form completed and submitted by the building owner or their representative that identifies the appropriate construction, use, and other relevant characteristics of the subject building to confirm applicability of this ordinance.

SEISMIC DESIGN GUIDELINES: are current guidelines developed by the Building Official, which are intended to calibrate, delineate and detail technical requirements to be used for the retrofitting of buildings subject to this section.

SEISMIC RETROFIT CONSTRUCTION COSTS: are all costs directly related to the construction required to retrofit a building to comply with requirements of this section, including labor, material, equipment, and contractor services. The costs shall not include: project management fees and expenses, architectural and engineering fees, testing and inspections fees, or permitting and processing fees.

SOFT WALL LINE: is a wall line, the lateral stiffness of which is less than what is required by story drift limitations or deformation compatibility requirements of this section. In lieu of the engineering analysis required by this section to determine whether a wall line’s lateral stiffness is less than the aforementioned story drift limitations or deformation compatibility requirements, a soft wall line may be defined as a wall line in a story where the wall stiffness is less than seventy percent (70%) of the stiffness of the exterior wall above for the direction under consideration.

STORY: as used in this section, is defined as the portion of a structure between the tops of two successive finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the roof structural element, but also includes any basement or underfloor space of a building exceeding four feet in height.

STORY STRENGTH: is the total strength of all seismic-resisting elements sharing the same story shear in the direction under consideration.

WALL LINE: is any length of a wall along a principal axis of the building used to provide resistance to lateral loads.

WEAK WALL LINE: is a deficiency of a Wall Line at the Ground Floor in which the wall strength is less than eighty percent (80%) of the strength of the wall above in the direction under consideration. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.4: COMPLIANCE REQUIREMENTS:

A. Upon the issuance of an order as identified in this section, for each building structure identified in that order, the following requirements apply:

The owner or appropriate representative of each building within the scope of this section shall be responsible for the completion and submission of a screening report which addresses and clearly identifies all relevant characteristics of the subject building; and
The owner shall cause the building to be structurally altered to conform to such standards at their own cost. The owner shall engage a civil or structural engineer or architect licensed by the State of California to prepare, stamp, and sign the following for submission to the City:

a. A structural analysis with calculations for proposed structural alterations of the building necessary to comply with the minimum requirements of this section; and

b. Construction documents that include all plans, notes, details, and specifications that fully identify the requirements of the necessary construction efforts for compliance with this section.

B. After plans are submitted and approved by the Building Official, the owner shall obtain a building permit to commence and complete the required construction within the time limits set forth in this section. These time limits shall begin to run from the date the compliance order is served, January 10, 2025. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.5: TIME PERIOD FOR COMPLIANCE:

Within the timeframes specified in Table 9-1-16-400.5 from the date the order is issued, January 10, 2025, the Owner of any building that is subject to the provisions of this section is responsible for ensuring the completion of the appropriate scope of work. The screening form shall demonstrate whether the structure conforms to the earthquake design provisions contained in this section. Minimum form requirements shall be as specified by the Building Official. Buildings determined to be outside of the scope of this section based on the screening form, shall not be required to be retrofitted.

Table 9-1-16-400.5

SOFT-STORY SEISMIC RETROFIT COMPLIANCE TIMELINE

Obtain Submit Submit Plans Permit and CompleteMilestone Screening Engineered Approved Begin Construction Form Plans Construction Time from 1 year – 2 years – 3 years – 4 years – 5 years – Notice January 12, January 11, January January 10, January 10, Date – 2026 2027 10, 2028 2029 2030 January 10, 2025

[Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6: COMPLIANCE ORDER:

9-1-16-400.6.1: ISSUANCE OF ORDER:

When the Building Official determines that a building is within the scope of this section, the Building Official shall issue an order as described in Section 9-1-16-400.6.2 to the Owner of the building. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6.2: CONTENTS OF ORDER:

The order shall specify that the Building Official has determined that the subject structure is within the scope of this section and may therefore be required to meet the seismic strengthening provisions of this section. The order shall set forth the Owner’s alternatives and time limits for compliance with this section. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6.3: SERVICE OF ORDER:

The order shall be in writing and shall be sent via USPS Certified mail in a sealed envelope, postage prepaid, and addressed to the Owner as shown on the last equalized assessment roll. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6.4: FAILURE TO RECEIVE ORDER:

Failure of any Owner to receive an order as indicated in this section shall not relieve the Owner from compliance with this section. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6.5: APPEAL/EXEMPTION FROM ORDER:

Upon completion of the screening report confirming applicability of the ordinance, the owner may appeal the Building Official’s determination. If the building is presumed to not be subject to this section due to a lack of any soft, weak, or open-front wall lines, an engineering assessment report may be prepared by a civil or structural engineer or architect licensed by the State of California and submitted to the Building Official for consideration of acceptance, at the owner’s expense. If the engineering assessment finds that the building does not meet the criteria of a soft, weak, or open front along any of the grade- level wall lines, an engineering exemption may be requested. The Building Official shall review completed engineering assessment reports to determine if an engineering exemption is warranted and provide a decision of approval or denial to the owner in writing. The decision of the Building Official regarding the engineering exemption shall be served on the Owner in compliance with section 9-1-14-400.6.3. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6.6: RECORDATION:

If an Owner of a building that has been determined to be within the scope of this Article has failed to comply with the requirements of this section within the time limits provided in Table 9-1-16-400.5, the Building Official may record in the office of the Los Angeles County Recorder a certificate stating that the subject building is within the scope of this Article and requires seismic retrofit.

Once the building has been retrofitted to comply with this section, the Building Official shall record a Certificate indicating that the subject building no longer is in violation of this section. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.6.7: EXTENSIONS:

At any point after the completion of the screening report and the construction plans have been submitted and approved, an owner of a building may apply to the Building Official for an extension of the construction time limits as stated in this section. The Building Official may grant one or more extensions of additional time, for periods not more than 180 days each, to comply with the requirements of this section, so long as the Owner provides the following: 1) the Owner has demonstrated a good faith effort to meet the requirements of this section; and 2) the Owner includes a proposed schedule for the remaining scope of work for the project. The granting of an extension shall not exempt nor postpone compliance with the provisions set forth section 9-1-16-400.7 or 9-1-16-400.12.2. [Added by Ord. No. 25- 4,034, eff. 1/1/26.]

9-1-16-400.7: OCCUPANCY AND TENANT ADVISORY:

9-1-16-400.7.1: NOTICE OF ORDER:

The owner or person in charge or control of a building within the scope of this section shall, within 1 year after the service of a compliance order, post in a conspicuous place at the entrance of the building, on a sign not less than 8-1/2" x 11", the following statement, printed in not less than 30-point bold type:

The City of Burbank has ordered the owner of this building to bring the building into compliance with the provisions of Burbank Municipal Code section 9-1-16-400, which relate to earthquake safety.

The sign shall remain posted until the structural alterations bringing the building into compliance with the provisions of this section are completed and approved by the Building Official. If the Building Official approves an exemption that demonstrates that a building is not subject to the provisions of this section, these sign requirements shall no longer be applicable to that building. [Added by Ord. No. 25- 4,034, eff. 1/1/26.]

9-1-16-400.7.2: NOTICE OF CONSTRUCTION:

Upon issuance of the building permit, the owner or person in charge or control of a building within the scope of this section shall post a notice that includes the information for the project as determined by the City, including the scope of work, expected duration, contact information for a representative of the contractor, and construction hours. The text format, signage size, and signage location shall be approved by the Building Official. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8: ANALYSIS AND DESIGN:

9-1-16-400.8.1: SCOPE OF ANALYSIS:

As required by this section, the alteration, repair, replacement or addition of structural elements and their connections shall meet the minimum strength and stiffness requirements in conformance with the current Building Code except as modified herein. The lateral-load-path analysis shall include the load-resisting elements and connections from the horizontal wood diaphragms immediately above any soft, weak, or open wall lines to and including the foundation. Stories above the soft, weak, or open wall lines shall be considered in the analysis but need not be modified. Engineer shall investigate existing conditions as applicable for the required analysis including performing initial material testing and verification of existing conditions. Minimum investigation requirements shall be specified by the Building Official. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.2: DESIGN BASE SHEAR AND DESIGN PARAMETERS:

The design force in a given direction shall not be less than 75% of the design base shear as determined based on the seismic provisions of ASCE 7 and design provisions as specified by the current Seismic Design Guidelines. The structure shall be analyzed and/or strengthened in order to mitigate each soft, weak, or open-front wall line deficiency as defined in 9-1-16-400.3. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.3: LIMITATIONS TO LATERAL FORCE-RESISTING SYSTEMS:

Strengthening systems with concrete shear walls, masonry shear walls, or steel braced frames shall not be permitted unless a full story analysis is performed and includes the proper consideration of actual diaphragm stiffness torsional behavior. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.4: HORIZONTAL STRUCTURAL IRREGULARITIES IN BUILDINGS WITH 3 OR MORE STORIES:

Structures with three or more stories and having horizontal structural irregularities of type 2, 3, 4, or 5 as listed in ASCE 7 Table 12.3-1 (“Horizontal Structural Irregularities”) shall be altered to meet the additional requirements of those sections referenced in the table for the soft, weak, or open-front wall lines being considered. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.5: ALTERNATIVE ANALYSIS, BASE SHEAR, AND DESIGN PARAMETERS:

The Building Official may approve alternate analysis and/or design methodologies that meet the same performance intent as those prescribed by this Article and that achieve the objectives established by this section. Design criteria shall be submitted to the Building Official for review and approval prior to submission of plans.

Alternatively, the structure may be retrofitted per Appendix A4 of the California Existing Building Code, provided the entire Story is analyzed and/or strengthened in order to mitigate each soft, weak, or open-front wall line deficiency as defined in 9-1-16-400.3. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.6: STORY DRIFT LIMITATIONS:

The calculated story drift for each retrofitted wall line shall not exceed the allowable deformation compatible with all vertical load-resisting elements and 0.025 times the story height. Drift calculations shall be in accordance with ASCE 7 requirements and design provisions as approved by the Building Official. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.7: POLE/CANTILEVER COLUMN SYSTEMS:

For retrofitted systems where the lateral resistance along a soft, weak, or open-front wall line is provided by pole/cantilever column elements, a minimum of two pole/columns elements are required separated by a minimum clear distance of 8-feet.

The effects of rotation and soil stiffness shall be included in the calculated story drift where lateral loads are resisted by vertical elements where required depth of embedment is determined by pole formulas or as specified by an approved geotechnical investigation report. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.8: ELEMENTS NOT PART OF THE LATERAL FORCE-RESISTING SYSTEM:

The requirements of the Building Code shall apply, except as modified herein. All structural framing elements along and immediately adjacent to the retrofitted lines and their connections where not required by the design to be part of the lateral force resisting system shall be designed and detailed to be adequate to maintain support of design dead plus live loads when subject to the expected deformations caused by seismic forces. The stress analysis of cantilever columns shall use an effective length factor of 2.1 for the direction normal to the axis of the beam. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.9: TIES, CONTINUITY, AND COLLECTORS:

All parts of the structure included in the scope of analysis shall be interconnected and the connections shall be capable of resisting the seismic forces created by the parts being connected in accordance with the current Building Code. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.8.10: ANCHORAGE OF CONCRETE OR MASONRY STRUCTURAL WALLS TO DIAPHRAGMS:

When using new masonry or concrete walls to meet the requirements of this section, proper in-plane and out-of-plane anchorage of walls into the diaphragm shall be provided in accordance with the current Building Code. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.9: OTHER DEVELOPMENT STANDARDS:

Other applicable development standards within this Code shall remain in effect for proposed retrofits required to bring a structure into compliance with this section. Any proposed deviations from established development standards must be presented in writing and on appropriate construction documents. The acceptability of any deviations shall be at the discretion of the Building Official. [Added by Ord. No. 25- 4,034, eff. 1/1/26.]

9-1-16-400.10: INFORMATION REQUIRED ON PLANS:

9-1-16-400.10.1: GENERAL:

For existing and new construction, the plans and specifications shall be of sufficient clarity to indicate the nature, design methodology, and extent of the proposed work and to show in detail that it will conform to the provisions of this section and other applicable sections of the Building Code. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.10.2: ENGINEER’S STATEMENT:

The responsible engineer or architect shall provide the following statements on the approved plans:

I am responsible for designing this building’s seismic strengthening in compliance with the minimum standards of the Mandatory Earthquake Hazard Reduction in Existing Wood Frame Residential Buildings with Soft, Weak, or Open-Front Wall Lines (Title 9, Chapter 1, Article 16, Division 4).

[Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.10.3: OWNER’S STATEMENT:

Unless the entire building has been evaluated and retrofitted as needed to meet the full intent of the current Building Code, the Owner shall provide and sign the following statement on the cover of the drawings:

I, ______________, understand the seismic evaluation and strengthening performed under this project complies with the Mandatory Earthquake Hazard Reduction in Existing Wood Frame Residential Buildings with Soft, Weak, or Open-Front Wall Lines (Title 9, Chapter 1, Article 16, Division 4) which is intended to improve the performance of the building during a seismic event. I understand the entire building has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk resulting from a seismic event.

[Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.10.4: QUALITY CONTROL AND ASSURANCE REQUIREMENTS:

The approved plans shall include notes which clearly identify all project-specific requirements for material testing, special inspections, structural observations, and the proper installation of newly added materials. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.11: QUALITY ASSURANCE:

9-1-16-400.11.1: STRUCTURAL OBSERVATIONS:

All structures regulated by this section require structural observation during construction. The Owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer or qualified architect responsible for the structural design, to perform structural observation as defined in the Building Code. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.11.2: SPECIAL INSPECTIONS:

Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.12: VIOLATIONS/PENALTIES:

9-1-16-400.12.1: VIOLATIONS:

It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this section. Violations of this section are subject to the provisions of 1-1-105 of this code.

If the owner of the subject building fails to comply with any order issued by the Building Official pursuant to this section within any of the time limits set forth in 9-1-16-400.5, or within any additional time limits as may have been granted per this section, the subject building shall be deemed to be in violation and subject to penalties per 9-1-16-400-12.3. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.12.2: RECORDATION OF VIOLATIONS:

Pursuant to violations of this section, the Building Official may record in the office of the Los Angeles County recorder a certificate stating that the subject building is in violation of the terms of this section and requires seismic retrofit.

9-1-16-400.12.3: PENALTIES:

In addition to the penalties provided in Section 1-1-105 of this code, any condition caused or permitted to exist in violation of this section shall be subject to 1-1-108 of this code and issuance of administrative citations as established in 1-1-108.1 of this code. The Building Official may order that the building be vacated until the building is in compliance. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.13: APPLICABILITY/SERVICEABILITY:

9-1-16-400.13.1: INTERNAL CONFLICTS:

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sub-sections of this section specify different materials, methods of construction, or other requirements, the most restrictive shall govern. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.13.2: OTHER LAWS:

The provisions of this section shall not be deemed to nullify any provisions of local, state or federal law. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.13.3: CODES AND REFERENCES:

The provisions of the codes and standards referenced in this section shall be considered part of the requirements of this section to the prescribed extent of each such reference. Where there are conflicts between the provisions of this section and the provisions of any referenced code or standard, the provisions of this section shall apply. [Added by Ord. No. 25-4,034, eff. 1/1/26.]

9-1-16-400.14: COSTS RECOVERY:

9-1-16-400.14.1: PASS-THROUGH COSTS:

Upon completion of seismic retrofit work and finalization of the corresponding building permit, property owners are authorized to implement a temporary surcharge to recover up to 50% of total seismic retrofit construction costs divided equally among all rental units. The monthly surcharge applied to each unit shall not exceed $51 per unit and may be collected for a maximum period of 120 months. In no event shall the surcharge be levied beyond 120 months from when the date the building permit for the retrofit is finalized.

Before implementing any surcharge to recover seismic retrofit construction costs, property owners must provide written notification to tenants containing the following information:

a. The total seismic retrofit construction costs incurred.

b. The specific amount of the pass-through surcharge.

c. The duration for which the surcharge will be collected.

Property owners are responsible for maintaining accurate and comprehensive records that justify and track the surcharge and must disclose the surcharge as a separate line item on new leases. Such records must be available for inspection as necessary by relevant authorities. [Added by Ord. No. 25-4,034, eff. 1/1/26.]