Chapter 14.06 — EARTHQUAKE HAZARD REDUCTION IN EXISTING UNREINFORCED MASONRY BUILDINGS

The city is proud of its architectural heritage. It places a high priority on protecting and preserving historic buildings while encouraging their continued use. Some of these buildings built prior to 1934 are constructed of unreinforced masonry- bearing walls, (hereinafter "URM buildings") which have been recognized as a hazard due to the potential for collapse in an earthquake. Senate Bill 547, Section 8875(c), passed July, 1986, formally declared these URMs to be a potential hazard and required local governments to mitigate the hazard.

The city declares as its goal the retrofitting of URM buildings to the standards recommended by the California State Seismic Commission, as adopted and amended in this chapter, within this decade, and without loss or degradation of qualified historic buildings and without detracting from the historic characteristics of the city.

In order to assure that this chapter does not have an unnecessarily harsh economic effect on the owners of unreinforced masonry buildings to be retrofitted under the chapter, it is the council's intent that orders to retrofit a building shall not be issued by the building official until a city financing plan is in place.

(Ord. 6560 § 4 (part), 1993)

A.

The City adopts the 2001 California Code for Building Conservation plus appendices 1, 2, 3 as published by the California Building Standards Commission. One copy of the above publication is on file for public inspection.

B.

This chapter shall be known and cited as the Pasadena Code for Building Conservation, and will be referred to herein as the "CCBC". The provisions of the CCBC shall be the minimum standard for reusing existing buildings and for strengthening URM buildings. Except as specifically amended herein, the CCBC shall govern the construction required to reuse existing URM buildings or to strengthen URM buildings.

(Ord. 6909 § 4 (part), 2002: Ord. 6789 § 5 (part), 1999: Ord. 6560 § 4 (part), 1993)

The following definitions shall supersede those found in the CCBC:

"Qualified historic building" means any building or structure which meets one of the following criteria:

A landmark or Pasadena historic treasure designated according to the provision of Section 2.75.140 or 2.75.150 of this code; or

A building or structure than contributes to a designated landmark or district; or

A building or structure that is listed in the National Register of historic places, either individually or as a contributing element to a district or to a thematic category designation; or

A building or structure that is eligible for designation as a landmark or as a Pasadena historic treasure or appears to be contributing element to a potential landmark district; or

A building or structure that is eligible for nomination to the National Register of Historic Places, either individually or as a contributing element to a district or to a thematic category designation.

(Ord. 6909 § 4 (part), 2002: Ord. 6789 § 5 (part), 1999: Ord. 6560 § 4 (part), 1993)

The owner of each URM building permit built prior to 1934 as shown on the list entitled Seismic Safety Survey, Revised July 1993 (on file with the building official as such list may be amended from time to time, attached to the ordinance codified in this chapter as Exhibit A and incorporated herein by this reference) shall, upon service of an order by the building official within the time limits set forth in Section 14.06.140 herein, cause a structural analysis to be made of the URM building by an engineer or architect licensed by the state to practice as such. If the building does not comply with earthquake standards specified in this chapter, the owner shall cause it to be structurally altered to conform to such standards or shall cause the buildings to be vacated, secured and demolished.

(Ord. 6581 § 1, 1994; Ord. 6560 § 4 (part), 1993)

In addition to the architectural and engineering details required under California Building Code Section 106.03.2 and 106.3.3, URM retrofit plans shall provide the following added information:

A.

Significant exterior architectural features of the building and a description of how these elements will be affected by the retrofit;

B.

The tests that will be made to determine the strength of the existing wall(s), where the test will be taken and, if destructive, how restoration and repair will be done to match the existing material;

C.

Detailed specifications of how historic elements affected by retrofit will be restored.

(Ord. 6909 § 4 (part), 2002: Ord. 6789 § 5 (part), 1999: Ord. 6560 § 4 (part), 1993)

A.

If a URM proposed for demolition is located in CD-1 (central district, Old Pasadena subdistrict, Chapter 17.33) an application for a demolition permit shall be filed with the design commission pursuant to Chapter 17.92 of this code. (The design commission shall review requests for demolition in accordance with Chapter 17.92.040(B).)

B.

All other applications for demolition of a URM shall be filed with the cultural heritage commission pursuant to Chapter 2.75 of this code.

(Ord. 6560 § 4 (part), 1993)

A.

The cultural heritage commission may only deny a request to demolish a URM building if it makes all of the following findings:

The building is a qualified historic building as defined herein;

Denial of the demolition request does not deny the owner all economically beneficial or productive use of the property.

B.

If the cultural heritage commission cannot make these findings, the building official shall issue the demolition permit being requested if it otherwise complies with the law governing the issuance of demolition permits.

C.

If demolition permission is not granted pursuant to the applicable procedure, the building must be retrofitted according to the schedule contained in this chapter.

(Ord. 6560 § 4 (part), 1993)

A.

In addition to the standards for seismic retrofit adopted in Section 14.06.010 herein, seismic retrofit projects for qualified historical buildings shall conform to the State Historical Building Code (Part 8, Title 24 of the California Administrative Code) and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (most current edition) and, as applicable;

Preservation Brief #1, The Cleaning and Waterproof Coating of Masonry Buildings, (National Park Service, November, 1975);

Preservation Brief #2, Repointing Mortar Joints in Historic Brick Buildings, (National Park Service, September, 1980); and

Preservation Brief #6, Dangers of Abrasive Cleaning to Historic Buildings, (National Park Service, June 1979).

B.

Seismic retrofit plans and specifications shall be reviewed by the cultural heritage commission staff or the design commission staff (central district only) as applicable.

(Ord. 6560 § 4 (part), 1993)

In addition to the architectural and engineering details required under California Building Code Section 106.3.2 and 106.3.3, URM retrofit plans shall provide the following added information:

A.

Significant exterior architectural features of the building and a description of how these elements will be affected by the retrofit;

B.

The tests that will be made to determine the strength of the existing wall(s), where the tests will be taken and, if destructive, how restoration and repair will be done to match the existing material;

C.

Detailed specifications of how historic elements affected by retrofit will be restored.

(Ord. 6789 § 5 (part), 1999: Ord. 6560 § 4 (part), 1993)

Prior to the issuance of a permit by the building official, the plans for retrofit work on any URM building must be approved by the design commission staff or, as applicable, by the cultural heritage commission staff, according to Chapters 17.92 and 2.75, respectively, of the Pasadena Municipal Code.

(Ord. 6560 § 4 (part), 1993)

The city council by resolution may adopt guidelines for the retrofit of buildings pursuant to this chapter.

(Ord. 6560 § 4 (part), 1993)

The provisions of Sections 2.75.290, 2.75.310 and 2.75.320 of this code shall apply to property on which a URM building was demolished after the effective date of the ordinance codified in this chapter, without the approvals required herein.

(Ord. 6560 § 4 (part), 1993)

A.

The owner of a URM building within the scope of this chapter shall comply with the requirements set forth herein and submit to the building official the information below for review within the prescribed time limits:

Within 270 days after service of the order, a structural analysis, which is subject to approval by the building official and which shall demonstrate that the building meets the minimum requirements of this chapter; or

Within 270 days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this chapter; or

Within 120 days after service of the order, plans for the installation of wall anchors and parapet braces in accordance with the requirements specified in UCBC Appendix Chapter 1, Section A110 (A & F); or

Within 270 days after service of the order, submit an application for the demolition of the building.

B.

After plans are submitted and approved pursuant to this chapter, the owner shall obtain a building permit and then commence and complete the required construction or demolition with the time limits set forth in Section 14.06.180 herein. Such time limits shall begin to run from the date the order is served in accordance with Section 14.06.190.

C.

Applicants electing to install wall anchors and parapet braces pursuant to subsection (A)(3) above are also required to retrofit pursuant to subsection (A)(2) or demolish according to subsection (A)(4). If such election is made, the 270 day period provided for in subsections (A)(2) and (4) and the time limits for obtaining a building permit and for completing structural alterations or building demolition set forth in Section 14.06.140 shall be extended by the building official one year. Each such time limit shall begin to run from the date the order is served.

(Ord. 6581 § 2, 1994; Ord. 6560 § 4 (part), 1993)

Priorities for the service of the order for building within the scope of this chapter shall be as provided in Section 14.06.190. The minimum time period prior to the service of the order shall be measured from the effective date of the ordinance codified in this chapter. The building official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building set forth in this chapter.

(Ord. 6581 § 3, 1994; Ord. 6560 § 4 (part), 1993)

The order 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 order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall set forth the owner's alternatives and time limits for compliance.

(Ord. 6560 § 4 (part), 1993)

A.

At the time that the building official serves the order set forth in Section 14.06.160, the building official shall also file with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is potentially an earthquake hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where compliance with this chapter has not been demonstrated.

B.

If the building is either demolished, found not to be within the scope of this chapter, or is found to be structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or analysis, the building official shall file 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.

(Ord. 6560 § 4 (part), 1993)

The following table establishes the time limits for compliance with any order served by the building official pursuant to this chapter.

URM BUILDINGS CONTAINING RESIDENCES

Required Action by Owner Obtain Building Permit Within Permit Expiration—Deadline to Complete Construction*

Structural alterations or building demolition 1 year 18 months

Wall anchors 180 days 30 months

* Measured from date of service of order to retrofit.

ALL OTHER URM BUILDINGS

Required Action by Owner Obtain Building Permit Within Permit Expiration—Deadline to Complete Construction*

Structural alterations or building demolition 1 year May, 1997

Wall anchors 180 days May, 1998

(Ord. 6581 § 4, 1994; Ord. 6560 § 4 (part), 1993)

The building official shall comply with the following schedule when issuing orders to retrofit pursuant to this chapter.

Rating Classification for Service of Order Minimum Time Periods

Essential buildings Immediately upon passage of ordinance codified in this chapter

High risk buildings No later than May 1, 1994

Medium risk buildings No later than May 1, 1994

Low risk buildings No later than May 1, 1994

(Ord. 6581 § 5, 1994; Ord. 6560 § 4 (part), 1993)

A.

A URM not retrofitted in compliance with this chapter is declared a nuisance, presumed to be dangerous, and is to be abated according to the process for the abatement of unsafe buildings and structures as set forth in the California Building Code Section 102 as the same may be amended from time to time.

B.

As used in this subsection, abatement means vacating, securing and bracing the building to minimize its potential for collapse and to protect it from weather and vandalism damage. Abatement by demolition is not an acceptable solution unless the building is declared unsafe through the unsafe building abatement process. When abatement by the city through demolition is necessary, the property will be considered as demolished through the owner's conscious neglect and subject to the penalties of Section 14.06.130.

C.

The direct cost of abatement plus the administrative costs associated with abatement shall be billed to the property owner. Payment is due in 90 days. If the payment is not made in full within 90 days, the city may recover its costs through a lien on the property. Such lien shall be superior to other liens but is subordinate to taxes and improvement district payments.

(Ord. 6909 § 4 (part), 2002; Ord. 6789 § 5 (part), 1999; Ord. 6560 § 4 (part), 1993)

Appeals of the application and administration of this code and the special requirements applicable to qualified historic buildings made by the Design Commission of the Cultural Heritage Commission shall be made to the City Council pursuant to Chapter 2.75 or 17.92 of this code. Other appeals of the application and administration of this chapter and those relating to the technical engineering aspects of the referenced California Building Codes shall be handled according to the appeal provisions of the California Building Code.

(Ord. 6909 § 4 (part), 2002: Ord. 6789 § 5 (part), 1999: Ord. 6560 § 4 (part), 1993)