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Code of Ordinances · Title 24 — Buildings and Construction

Arden Municipal Code

Ord. No. O-24-118  ·  Adopted March 12, 2024  ·  Effective July 1, 2024  ·  Supplemented through August 15, 2026

Chapter 24.11 — Mandatory Seismic Retrofit of Existing Wood-Frame Buildings

History: Ord. O-24-118 § 1, 3-12-24; am. Ord. O-25-036 § 2, 5-6-25.

§ 24.11.010Purpose.

The purpose of this chapter is to promote public safety and reduce the risk of collapse in earthquakes by requiring the seismic evaluation and retrofit of existing wood-frame buildings that contain a soft, weak, or open-front wall line in the first story and that were constructed before January 1, 2000. The standards of this chapter are minimum life-safety standards; they are not intended to prevent all earthquake damage to a complying building.

The city council finds that the buildings identified in the Bureau’s 2024 inventory pose a disproportionate risk to their occupants and to adjacent rights-of-way, and that their orderly retrofit is a matter of municipal concern under the city’s police power.1

§ 24.11.020Applicability.

A. In general

This chapter applies to every parcel improved with a wood-frame building that (1) was constructed before January 1, 2000; (2) contains five or more dwelling units; and (3) has a soft, weak, or open-front wall line in the first story. The Bureau’s 2024 citywide inventory identified 234 such buildings containing 958 dwelling units.

B. Exemptions

1.

Buildings for which a completed retrofit permit received final approval before the effective date of this chapter.

2.

One- and two-family dwellings and townhouses regulated under the Residential Code, including accessory dwelling units served by the same foundation.

3.

Buildings demolished under an active demolition permit for which work has commenced.

4.

Buildings that the Bureau, upon a filed evaluation, determines present no soft, weak, or open-front condition.

C. Tier assignment

The Bureau assigns each covered building to Tier One, Two, or Three according to story count and configuration under Table 24.11-A. A tier assignment is final unless appealed under § 24.11.080 D within 30 days of service.

§ 24.11.030Definitions.

For purposes of this chapter:

Bureau means the Building and Safety Bureau of the Department of Public Works.

Complete or completion means that the Bureau has issued final approval of the retrofit permit, all corrections are cleared, and all fees under § 24.11.060 are paid. Completion is a distinct event from any certificate of occupancy; nothing in this chapter affects occupancy status.2

Dwelling unit has the meaning given in Arden Mun. Code § 14.04.020.

Open line means an exterior wall line of the first story in which openings for doors, windows, or commercial glazing occupy sufficient length that the story’s lateral strength is substantially less than that of the story above.

Soft story means a story whose lateral stiffness is less than 70 percent of the stiffness of the story above, or less than 80 percent of the average stiffness of the three stories above.

Tier means the compliance tier assigned to a covered building under § 24.11.020 C and Table 24.11-A.

§ 24.11.040Compliance deadlines.

An owner shall submit a complete retrofit permit application, and shall complete construction, not later than the dates in Table 24.11-A.3

Table 24.11-A — Compliance schedule by tier
Tier Configuration Bldgs Units Permit Complete
1 Two stories over open parking 68 412 2026-06-30 2027-12-31
2 Three stories, any configuration 121 486 2027-06-30 2028-12-31
3 Four or more stories; two open lines on corner lots 45 60 2028-06-30 2029-12-31
All tiers 234 958
Tier configurations are defined in § 24.11.020 C. All owner notices were mailed by June 30, 2025.

§ 24.11.050Retrofit standards.

A. Prescribed standard

Retrofit work shall conform to ASCE/SEI 41-23, Seismic Evaluation and Retrofit of Existing Buildings, at the S-3 performance objective, or to Appendix A, Chapter A-4 of the 2024 International Existing Building Code.

B. Special provisions

1.

The strength of the first story after retrofit shall be not less than the strength of the story immediately above.

2.

Existing foundations may be relied upon where an investigation substantiates their capacity; otherwise new footings shall be constructed to accept the retrofit forces.

3.

The analysis shall document torsional and overturning effects at each open line.

C. Alternative performance

An owner may elect an alternative basis of design demonstrating equivalent performance by nonlinear analysis. The basis of design shall bear the seal of a civil or structural engineer licensed in this state.

§ 24.11.060Fees.

At permit issuance the owner shall pay the plan review and field inspection fees in Table 24.11-B. Re-inspection fees apply per visit when a scheduled inspection fails for causes within the owner’s control.4

Table 24.11-B — Program fees
Item Amount Basis
Plan review $340 per dwelling unit
Field inspection $185 per dwelling unit
Subtotal at issuance $525 per dwelling unit
Re-inspection, if required $120 per visit

§ 24.11.070Extensions.

Upon written application filed before the applicable permit deadline, and for good cause shown, the Bureau may extend a deadline in Table 24.11-A by up to six months. Not more than two extensions shall be granted for a building, and extensions may not exceed twelve months in the aggregate. Denial of an extension is appealable under § 24.11.080 D within 30 days of service.

§ 24.11.080Enforcement and penalties.

A. Unlawful acts

It is unlawful for any owner to fail to comply with a deadline of this chapter after written notice has been served.

B. Recordation

The Bureau may record a notice of noncompliance against the title of a noncomplying building. The notice shall be released upon completion.

C. Infractions

Each day of continued violation after the applicable deadline constitutes a separate infraction punishable by a fine of $500.5

D. Appeals

A tier assignment, exemption denial, or extension denial may be appealed to the Hearing Officer by written filing within 30 days of service of the determination. The Hearing Officer’s decision is final.