Article III. - Nonhistoric, Earthquake-Damaged Structures


15.24.170 - Damage assessment report—Performance of work.

Except as otherwise expressly set forth in this chapter, it is unlawful to alter, repair, restore or rehabilitate an earthquake-damaged structure, unless there exists for the structure a valid building permit and a damage assessment report, prepared pursuant to Section 15.24.080 of this chapter, that has been approved by the Building Official.

After written notice from the Building Official, the owner of each earthquake-damaged structure, which meets the requirements of Section 15.24.050(B)(1), (2), (3), (4), (5), (6), (7), or (8) of this chapter, shall provide the Building Official, within one hundred twenty (120) days of the date of the Building Official's notice, a damage assessment report for the structure identified in the notice. Unless otherwise expressly stated in this chapter, damage assessment reports for all other earthquake-damaged structures shall be submitted to the Building Official by the owner within one hundred eighty (180) working days of the date of notice from the Building Official.

All damage assessment reports shall be prepared pursuant to and in conformance with the provisions of Section 15.24.080 of this chapter. In each case in which a damage assessment report is disapproved, the Building Official, in his or her notice to the applicant, shall state the reasons for disapproval.

(Prior code § 18-3.01)

15.24.180 - Design review and appeals.

Unless otherwise stated in this chapter, the owner or the owner's agent, prior to the start of any alterations, abatement works, repair, restoration or rehabilitation works on, or the making of any significant changes to, a nonhistoric, earthquake-damaged structure that is subject to design review under city codes and regulations, shall submit a design review application to the city and have it approved by the Planning Director. The design review application shall be submitted at the same time the assessment report is filed.

Design review applications shall be reviewed and approved or disapproved by the Planning Director. To aid in his or her review of an application, the Planning Director may obtain advice from the Building Official or outside professionals. Except as otherwise stated herein, the Planning Director's decision shall be made within thirty (30) working days of the date of the city's receipt of a completed design review application. Upon receipt of each design review application, the Planning Director may, at his or her discretion, refer the application to the City Planning Commission rather than acting on it himself or herself. If the application is referred to the Planning Commission, the Planning Commission's decision on the application should be made within forty-five (45) working days of the date the application was received by the city. In all other cases, the Planning Director's decision shall be made within thirty (30) working days of the date of the city's receipt of the completed design review application. Applications for altering, abating, repairing, restoring or rehabilitating or demolishing any nonhistoric structure that is subject to design review shall be required to meet the applicable criteria of the city's zoning regulations and applicable criteria of this chapter.

Unless otherwise stated in this chapter, any decision of the Planning Director or Building Official relating to the damage assessment report or the Planning Director's decisions relating to the design review application may be appealed by any interested person as follows:

A.

If the appeal involves only structural or life safety issues, which if implemented will not affect the exterior characteristics of the structure, the appeal shall be made and decided pursuant to the procedures and provisions of Section 15.24.070 of this chapter. Such appeals may only be made by the building permit applicant; and

B.

If the appeal involves issues or proposals that may affect structural or life safety components and the exterior characteristics of the structure, the appeal shall be made and decided pursuant to the procedures set forth in Section 15.24.190D of this chapter.

C.

If the appeal involves only issues or proposals that will affect only the exterior characteristics of the structure, with no implications for the structural or life safety portions of the structure, the appeal shall be made and decided pursuant to the procedures set forth in other applicable city codes and regulations.

(Prior code § 18-3.02)