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HomeMy WebLinkAboutAGENDA REPORT 1994 0202 CC REG ITEM 11D� ITEM fl. AGENDA REPORT City of Moorpark TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Community Development DATE: January 28, 1994 (CC meeting of 02/02/94) SUBJECT: CONSIDER AN URGENCY ORDINANCE TO REGULATE THE REPAIR OR REPLACEMENT OF STRUCTURES DAMAGED BY THE JANUARY 17TH, 1994 EARTHQUAKE AND ADOPTION OF RESOLUTION SETTING FEES FOR CONSTRUCTION OF MASONRY WALLS BACKGROUND The recent earthquake and the subsequent after - shacks have damaged several properties in the City. Most notably two buildings on High Street were severely damaged (105 and 169 High Street). Several other homes received fireplace damage and there were other residential and commercial /industrial areas that received cosmetic damage as well as damage to block walls. DISCUSSION In view of this damage, staff proposes that an Urgency Ordinance be adopted in order to set forth specific regulations which are not currently addressed within the City's codes. The Ordinance specifies that structures which received less that 10% of the value of structure in damage be restored to pre - earthquake condition. The Ordinance further stipulates that structures which received between 10 -50 percent damage be brought into compliance with the most current Uniform Building Codes for that portion of the structure being repaired. For structures which received over 50% damage the entire structure must meet current Building Codes. In the case of masonry walls, the Ordinance requires all walls to be designed by a California Registered Engineer or Architect and that a building permit be acquired prior to construction cif masonry walls. li iN staff's observation that the lack of aACCO202.R1`1' The Honorable City Council January 28, 1994 Page 2 building permits for masonry wall has contributed greatly to the property damage in the City and could potentially injure passers -by in the event of another earthquake. Only those walls who's vertical height is less than 3 feet will he exempt. Staff recognizes that the cost of hiring an engineer to design a garden wall may be prohibitive and so it is proposed that City staff work with the City Engineer's office to create several designs which may be used by applicants at no cost to them. At this time it does not appear that an appropriation of funds is necessary for this action. The attached Ordinance has been forwarded to the City Attorney for her review. The attached Urgency Ordinance is being submitted to the City Council without the City Attorney's comments; these comments will he provided to the City Council as soon as they are available. RECOMMENDATION Staff recommends that the City Council: 1. Direct staff to prepare engineered designs for masonry garden walls; 2. Adopt the attached Urgency Ordinance: 3. Direct staff to conduct all necessary public: notification, including but not limited to a public hearing, in order to modify the fee structure; and 4. Schedule adoption of the fee resolution after the requisite action. Attachments: A- Urgency Ordinance B- Resolution Establishing Fees aACCO202.KPT ATTACI-IMENT B RESOLUTION NO. 94 - A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MOORPARK, CALIFORNIA ESTABLISHING BUILDING PERMIT AND PLAN CHECK FEES FOR MASONRY WALLS WHEREAS, pursuant to Ordinance No. the City Council has established regulations requiring building permits for garden walls: and WHEREAS, City Council Resolution Number 92 -832 contains the methodology by which building permit and plan check fees are calculated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: qvf` nnN I It is hereby resolved that fees for 1IMS MN walls should be as follows: Valuation for Garden Wall $5.00 Per Square Foot Permit Fee for Garden Wall Per Resolution No. 92 -832 Plan Check Fee for Garden Wall ........... Per Resolution No. 92 -832 PASSED AND ADOPTED THIS — DAY OF , 1994; AYES: NOES: ABSENT: Mayor- Paul W. Lawrason Jr. ATTEST: Lillian E. Hare, City Clerk ATTACHMENT A ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING TITLE 15 ENTITLED "BUILDING & CONSTRUCTION" ADDING NEW CHAPTER 15.28 ENTITLED "EARTHQUAKE DAMAGE REPAIRS "TO THE CITY OF MOORPARK MUNICIPAL CODE The City Council of the City of Moorpark does ordain as follows: Section 1. New Chapter 15.28, "Earthquake Damage Repairs" is Established. A new Chapter 15.28 is hereby added to Title 15 of the City of Moorpark Municipal Code to read as follows: CHAPTER 15.28 EARTHQUAKE DAMAGE REPAIRS Sections: 15.28.010 Purpose and Intent 15.28.020 Damage Defined 15.28.030 Masonry Chimneys 15.28.040 Unreinforced Masonry 15.28.050 Masonry Walls 15.28.010 Purpose and Intent. It is the purpose and intent of this chapter to regulate the repair or replacement of structures on berth public and privately owned property. 15.28.020 Damage Defined. Damaged structures of all occupancies which have been damaged as a result of an earthquake, and its aftershocks, shall be repaired in accordance with the following criteria: A. When the estimated valuation of repair does not exceed 10 percent of the replacement cost of the structure, the damaged portion(s) may be restored to their pre - earthquake condition. B. When the estimated valuation of repair is greater than 10 percent, but less than 50 percent, of the replacement cost of the structure, the damaged portions, as well as all critical ties associated with those portions, shall be repaired and /or brought into conformance with the Uniform Building Code, and all other applicable uniform codes currently in force. C. When the estimated valuation of repair exceeds 50 percent of the replacement cost of the structure, the entire structure shall be brought into conformance with the structural requirements of the Uniform Building Code and all other applicable uniform codes currently in force. Exception: The cost of repairing damaged chimneys in Group R, Division 3 occupancies shall be excluded from the computation of percentage of replacement cost. 15.28.030 Masonry Chimneys. All new masonry chimneys or reconstructed portions of damaged masonry chimneys shall be constructed in accordance with chapter 37 of the Uniform Building Code and other applicable uniform codes currently in force. Further, all new or reconstructed chimneys shall be anchored to the structure in accordance with the current code. Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, the portion extending above the roof line shall be braced to the roof structure. 15.28.040 Unreinforced Masonry. All damaged buildings determined to be constructed of unreinforced masonry shall be repaired and strengthened to comply with the currently adopted edition of the Uniform Code for Building Conservation, Appendix Chapter 1. 15.28.050 Masonry Walls. All new masonry walls 3 feet or higher which are to be constructed after the passage of this Ordinance shall be required to be designed by a California Registered Engineer or Architect. All masonry walls shall not be built without the benefit of a building permit issued by the City of Moorpark Building and Safety Department. These requirements shall be applicable to all masonry walls 3 feet or higher as measured from the bottom of the foundation and without regard as to whether or not the wall in question is new or will replace on existing wall. 15.28.060 Fees. Building permit and plan check fees for masonry walls shall be set by resolution of the City Council. Section 3. Amendments Necessary. Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, the City Council of the City of Moorpark hereby finds that the amendments of those building standards which have been adopted by any State agency contained in the Uniform Building Code in force at the time, made by this Ordinance are reasonably necessary due to local climatic, geological, or topographical conditions. Specifically, these amendments are required due to earthquakes and aftershocks which have or will cause considerable damage to structures and /or structural elements in the City. Section 4. Severability. If any Section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council declares that it would have adopted this Ordinance and each Section, subSection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more Sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Section S. State Filing_ Requirement. The City Clerk shall fill a copy of this Ordinance with the Department of Housing and Community Development of the State of California. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption. Section 7. Reason for Urgency_ On ,January 17, 1994, a 6.6 earthquake struck the Los Angeles and Ventura Counties area. Many buildings were damaged or destroyed. The Uniform Codes do not adequately set forth standards by which the Building Official may require the applicability of those codes to partially damaged buildings, which he must do in the aftermath of the earthquake in a uniform manner. Section 8. Notice of Adoption. Within fifteen days after the adoption hereof, the City Clerk of the City of Moorpark shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. Section 9. Publish. The city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1994. Mayor: Paul W. Lawrason, Jr. ATTEST: Lillian E. Hare