Coachella Municipal Code Ch. 15.66 Seismic Hazard Mitigation

The purpose of this chapter is to promote public safety by identifying those buildings in the city of Coachella which are most susceptible to earthquake damage and to require certain mitigation measures to protect the lives of persons working and residing in Coachella.

(Ord. 985 § 1, 2007)

As used in this chapter:

"Accessory building" is a detached subordinate building, the use of which is customarily incidental to that of the principal building or to the primary uses of the land and which is located on the same lot with the principal building or use.

"California Building Code (CBC)" is as published by the International Conference of Building Officials, Whittier, California, as adopted by the city of Coachella.

"Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the state of California pursuant to the rules and regulations set forth in Chapter 5 of Title 16 of the California Administrative Code.

"Diaphragm" is a horizontal or nearly horizontal system acting to transmit lateral forces to the vertical resisting elements. When the term "diaphragm" is used, it includes horizontal bracing systems.

"Essential building" is any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; municipal government disaster operation and communication centers.

"Exterior design elements" means and includes, but are not limited to, parapets, cornices, masonry veneers, and any additional exterior nonstructural features which are likely to fall on the public right-of-way during an earthquake.

"Load bearing walls" means masonry walls having all of the following characteristics:

1. Provide the vertical support for a floor or roof;

2. Have a total superimposed load over one hundred (100) pounds per linear foot.

"Unreinforced masonry (URM) building" means any building containing load bearing walls and/or columns constructed wholly or partially of masonry which have an area of vertical, horizontal and combined reinforcing steel less than fifty (50) percent of that required by the 1988 Uniform Building Code, and includes, but is not limited to:

1. Unreinfoced brick masonry;

2. Hollow clay tile;

3. Adobe unburned clay tile;

4. Stone masonry.

(Ord. 985 § 2, 2007)

The provisions of this chapter shall apply to all unreinforced masonry buildings in the city, and to buildings with exterior design elements which, in the opinion of the building official, are subject to failure in the event of an earthquake.

(Ord. 985 § 3, 2007)

The following buildings are exempted from complying with this chapter:

A. Unoccupied accessory buildings on residential lots;

B. Buildings which meet the minimum hazard reduction requirements of Section 15.66.090, and are used as warehouses with not more than ten (10) percent of the gross floor area used as office space accessory to the warehouse use. Warehouses which contain pharmaceutical supplies or hazardous materials or are used for disaster relief or emergency services are not exempt from this chapter;

C. Buildings which have been structurally upgraded in substantial conformity to the structural standards for unreinforced masonry buildings of Appendix Chapter 1 of the Uniform Code for Building Conservation ("UCBC"), or to the force levels of the 1973 or later, edition of the California Building Code, or to another standard approved by the building official.

(Ord. 985 § 4, 2007)

(Ord. No. 1147, § 6, 1-22-20)

Owners of buildings subject to the provisions of this chapter shall be notified within thirty (30) days of the effective date of this chapter by the building division of the city of Coachella that each such building has been included in the city's list of potentially hazardous buildings, and of all of the requirements of this chapter. Building owners shall also be notified that they are required to comply with the sign posting requirements of California Government Code Section 8875.8.

(Ord. 985 § 5, 2007)

A building may be removed from the city's list of potentially hazardous buildings by demonstrating to the satisfaction of the building official that either:

A. The building is exempt under the provisions of Section 15.66.040; or

B. All of the following conditions are met:

1. The minimum hazard reduction requirement of Section 15.66.090 has been satisfied,

2. A seismic safety report has been prepared in accordance with Section 15.66.070 herein, and

3. That any additional mitigation work recommended in the seismic safety report has been performed and the building has been structurally upgraded to be in substantial conformity with the structural standards for unreinforced masonry buildings of the California Building Code, or to another standard approved by the building official.

(Ord. 985 § 6, 2007)

(Ord. No. 1147, § 6, 1-22-20)

Owners of buildings identified as potentially hazardous shall submit a seismic safety report to the building division of the city of Coachella as follows:

A. Time Frame. Seismic safety reports shall be submitted within twelve (12) months of the effective date of this chapter, or such additional time as the building official deems necessary and proper;

B. Authorized Preparers. Seismic safety reports shall be prepared by a civil or structural engineer licensed by the state of California. Each seismic safety report shall bear the signature and professional registration number, including its expiration date, or the responsible engineer;

C. Purpose. The purpose of the seismic safety report shall be to evaluate the structural adequacy of the building to resist the seismic effects of earthquake, meet the standards described in subsection D hereof, and to identify any exterior design elements. The report may include a compliance plan as described in Section 15.66.080, if rehabilitation is deemed necessary.

Building Standards. The building standards to be used in preparation of seismic safety reports shall be the minimum hazard reduction described in Section 15.66.090 the UCBC or the 1973, or later edition of the UBC, and any other standards accepted by the building official;

D. Format. The format for seismic safety reports shall incorporate the following data:

1. General Information. The building's address, age, original use, and any subsequent changes in use or occupancy,

2. Configuration. A description of the building's size, shape, arrangement of structural elements, and any irregularities or discontinuities. Shall also include nonstructural elements such as appendages, parapets, and veneers,

3. Materials. The types, ages and present conditions of all materials,

4. Plans of Existing Construction. A description of the seismic integrity of existing conditions with an adequate and appropriate degree of detail,

5. Calculations to Check Existing Construction. A description of the capacities of existing resisting elements and connections and including any testing results,

6. Conclusions and Recommendations. A description of the areas found to be deficient in their ability to withstand prescribed seismic forces. This section discuss in general terms the alternatives available for mitigation to the applicable standards of these inadequacies and recommendations for the most suitable solutions.

(Ord. 985 § 7, 2007)

If the seismic safety report for a building has identified deficiencies the owner shall submit a compliance plan for approval by the building official within ninety (90) days after submittal of the seismic safety report. The report shall describe how the building owner intends to approach hazard reductions of the building in addition to improvements required under Section 15.66.090 (Minimum hazard reduction requirement) and when the indicated improvements will be made. Options available to the building owner to achieve hazard reduction include, but are not limited to, the following:

A. Commence the structural rehabilitation of the building to meet or exceed the seismic provisions of the engineering standards referenced in Section 15.66.070(D) of this chapter;

B. Any building which qualifies as "historical property" as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code shall be retrofitted in accordance with the State Historical Building Code;

C. Vacate the Building. Any vacated building shall either be rehabilitated or demolished within twelve (12) months from the date of the engineer's report;

D. Demolish the building, or proportions thereof, to eliminate the potentially hazardous conditions. Any reconstruction shall be made in accordance with the design review provisions of the zoning code.

(Ord. 998 § 1, 2008: Ord. 985 § 8, 2007)

Owners of buildings included in the list of potentially hazardous buildings shall be required to do the following within thirty-six (36) months of the effective date of this chapter: (1) to secure the roof and floor(s) to the building's walls if such attachment is lacking or declared inadequate in the seismic safety report to insure that bearing walls will transfer loads of at least one hundred (100) pounds per linear foot of wall, and (2) remove, upgrade or repair dangerous exterior design elements. The building official may, at his or her sole discretion, grant additional time to comply with this section.

(Ord. 985 § 9, 2007)

The building division shall review the documents submitted for each building identified as potentially hazardous and approve the seismic safety report and compliance plan pursuant to this chapter. Copies of approved seismic safety reports submitted shall be available to the public for inspection at the building division upon request.

(Ord. 985 § 10, 2007)

The interpretation of the building official shall prevail on matters relating to the implementation of this chapter.

(Ord. 985 § 11, 2007)

Any decision made by the building official pursuant to this chapter may be appealed in writing to the city manager or his or her designee who may be a licensed civil or structural engineer. The written appeal shall include all facts relevant to the decision and reasons to support any alleged abuse of discretion by the building official. The city manager may take testimony of the appellant and the building official and independent experts or may in his or her discretion determine the appeal based upon the written record. The decision of the city manager or his or her designee shall be final.

(Ord. 985 § 12, 2007)

The building owners shall pay an engineer's report review fee for review of the seismic safety report as established by resolution. The amount of this fee shall be deducted from the plan checking fee collected for any building permit issued for the seismic rehabilitation of the structure. The building owner is responsible for any fees and costs necessary for an appeal and shall also deposit, in advance of any appeal provided herein, an amount equal to the estimated cost of experts retained to testify or to determine the appeal.

(Ord. 985 § 13, 2007)

It is unlawful for the owner of any building subject to this chapter to violate any provision of this chapter. The remedies that are available to the city shall include, but not be limited to:

A. The city may seek injunctive relief to enjoin a building owner's violation of this chapter;

B. A building owner violating this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Such building owner shall be guilty of a separate offense for each and every day during any portion of which such violation of this chapter is committed, continued or permitted by such building owner.

C. The remedies provided under this section are not exclusive.

(Ord. 985 § 14, 2007)

Owners of each identified building shall provide each of their tenants with written notification that a seismic investigation of their building has taken place, and that the seismic safety report documenting the investigation is available for review at the building division. Such notification shall occur within thirty (30) days after submittal of the seismic safety report to the building division.

(Ord. 985 § 15, 2007)

Buildings on which construction has been completed in compliance with all requirements of this chapter existing at the date of completion shall not be declared a potentially hazardous building under standards adopted after the date of completion and may be allowed to post signage pursuant to California Government Code Section 8875.9. This exemption from later adopted standards shall be effective for a period of fifteen (15) years from the date of completion. This exemption shall not apply to a building which no longer meets the standards under which the seismic work was completed or buildings which undergo a change of use or occupancy. For the purposes of this section "date of completion" shall refer to the date that the building is removed from the list of potentially hazardous buildings.

(Ord. 985 § 16, 2007)

An owner who is subject to this section and who does not comply with the posting requirements specified in Section 15.66.050 shall be subject to an administrative citation pursuant to city of Coachella Municipal Code Chapter 3.48.090 and subject to an administrative fine of two hundred fifty dollars ($250.00) no sooner than fifteen (15) days after notification by the building official that the owner is subject to the administrative fine. Thereafter, if the owner does not comply with and maintain compliance with the posting requirements, within thirty (30) days of the first administrative fine, the owner shall be subject to an additional administrative citation and an additional administrative fine of one thousand dollars ($1,000.00).

(Ord. 998 § 2, 2008)