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Ordinance 2006-22ORDINANCE NO. 2006 -22 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE GILROY ZONING ORDINANCE BY ADDING NEW SECTIONS REGARDING PARKING REDUCTIONS AND CONDITIONAL USE PERMIT REQUIREMENTS FOR UNREINFORCED MASONRY ( "URM ") BUILDINGS, AMENDING GILROY CITY CODE BY ADDING A NEW SECTION 7.4.2 PROVIDING THAT BUILDINGS COMPLYING WITH THE MANDATORY URM RETROFIT PROGRAM ASSISTANCE ARE SET AT ZERO (0) PERCENT OF COST REASONABLY BORNE BY THE CITY, AND AMENDING SECTION 106.4.3 OF THE CALIFORNIA BUILDING CODE CONCERNING VALIDITY OF BUILDING PERMITS WHEREAS, pursuant to the "Unreinforced Masonry Law," California Government Code sections 8875 et seq. the City implemented a seismic hazard program that identified unreinforced masonry buildings that may be hazardous to their occupants, pedestrians and adjacent structures and their occupants in the event of an earthquake; and WHEREAS, it is the desire and intent of the City Council to provide Gilroy citizens with the greatest degree of protection from the hazards of unreinforced masonry buildings in the most effective manner; and WHEREAS, there exist within the City certain buildings constructed of unreinforced masonry, and the City; and WHEREAS, State law allows cities to charge fees for the filing, accepting, reviewing, approving or issuing of an application, permit or entitlement, so long as the amount of those fees and charges do not exceed the estimated amount required to provide the service for which the fees or charges are levied; and WHEREAS, on October 16, 2006, the City adopted Ordinance 2006 -19 ( "URM Ordinance "), effective November 15, 2006, which added a new Article VI, entitled "Seismic Safety" regarding a mitigation program for unreinforced masonry buildings ( "URM Program "); and _ WHEREAS, Section 7.4 establishes the percentage of the cost reasonably borne by the City that will be charged to applicants seeking development permit approval and for development impact fees; and WHEREAS, the City desires to eliminate development impact fees and charges to applicants for processing of development applications and building permits for development projects involving the URM Program; and WHEREAS, the City desires to eliminate a specified percentage of parking and conditional use permit requirements to applicants for processing of development applications and building permits for development projects involving URM Program; and 1JH1704515.4 _ 1- 01- 103006 - 04706002 Ordinance No. 2006 -22 WHEREAS, the City further desires to grants extensions to validly issued building permits to applicants processing development projects involving the URM Program; WHEREAS, the City finds that these temporary changes to the City's local planning and building requirements are necessary to facilitate the retrofit of those building to protect the health and safety of the City's residents and visitors. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 7 of the Gilroy City Code is hereby amended to add a new section 7.4 -2 to read as follows: 1JH1704515.4 01- 103006-04706002 Sec. 7.4 -2 Elimination of development impact fees and the charging of costs reasonably borne to development projects involving the retrofit of unreinforced masonry buildings. (a) For the purposes of Section 7.4 -2, "development project" shall mean any project that requires a permit granting approval for construction from the City. (b) For the purposes of this Section, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program "). (c) First year of the URM Financial Incentive Program (from January 1, 2007 to December 31, 2007). Costs reasonably borne, as set forth in the table in Section 7.4, shall be set at zero (0) percent and development impact fees set at zero (0) for development projects involving retrofit of buildings constructed of unreinforced masonry, except direct costs shall be borne by said projects for all costs, fees and charges incurred in city review and processing that must be paid to outside consultants, city- contracted entities, and other agencies. (d) Second year of the URM Financial Incentive Program (from January 1, 2008 to December 31, 2008). Costs reasonably borne, as set forth in the table in Section 7.4, shall be set at fifty percent (50 %) and development impact fees set at fifty percent (50 %) for development projects involving retrofit of buildings constructed of unreinforced masonry, except direct costs shall be borne by said projects for all costs, fees and charges incurred in city review and processing that must be paid to outside consultants, city - contracted entities, and other agencies. (e) Section 7.4 -2, in its entirety, shall become null and void, and have no force and effect thereafter, on December 31, 2008. -2- Ordinance No. 2006 -22 SECTION II Section 31 of the City Zoning Ordinance is hereby amended by adding new Sections 31.100 through 31.103 entitled "Interim Off - Street Parking Reductions for Development Projects Involving the Retrofit of Unreinforced Masonry Buildings" to read as follows: Section 31.100 Interim Off - Street Parking Reductions for Development Projects Involving the Retrofit of Unreinforced Masonry Buildings For the purposes of this Section, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program "). Section 31.101 Development Projects For the purposes of Section 31.100, "development project" shall mean any project that requires a permit granting approval for construction from the City. Section 31.102 Parking Reductions Up to and Including 20% (a) Development projects involving the URM Financial Incentive Program shall be allowed up to a ten percent (10 %) reduction in required off - street parking below what is required under the general requirements of Section 31, or up to ten percent (10 %) of the parking in -lieu fee, if applicable. (b) Adjacent development projects involving the URM Financial Incentive Program are concurrently retrofitting their buildings shall be allowed up to a twenty percent (20 %) reduction in required off - street parking below what is required under the general requirements of Zoning Ordinance Section 31, or up to twenty (20 %) percent of the parking in -lieu fee, if applicable. Section 31.103 Sunset Date Section 31.100, in its entirety, shall_ become null and void, and have no force and effect _ thereafter, on December 31, 2007. SECTION III Section 19.13(b) of the City of Gilroy Zoning Ordinance entitled "Commercial Use Table (Specific Plan Districts)" "Footnotes to Permitted Uses," footnote 4 (hereinafter "Footnote 4 "), is hereby amended to read as follows: 4. The uses are unconditionally permitted on the second story and above. Anytime these uses are proposed for the first floor (sidewalk level), a conditional use permit is required. Zoning code review and approval process requiring a conditional use permit specifically for first story office uses for development WH1704515.4 01- 103006- 04706002 -3- Ordinance No. 2006 -22 projects involving the retrofit of unreinforced masonry buildings shall be suspended as provided for below. For the purposes of this Footnote 4, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program "). Footnote 4, as amended, shall apply to all development projects involving the URM Financial Incentive Program and only for a time period up to five (5) years from the issuance of the building permit for the development project. For the purposes of Footnote 4, "development project" shall mean any project that requires a permit granting approval for construction from the City. Footnote 4, as amended, shall become null and void, and have no force and effect thereafter, on December 31, 2008. SECTION IV Section 50.31 of the City of Gilroy Zoning Ordinance entitled "Issuance" is hereby amended to read as follows: Section 50.31 Issuance (a) The term conditional use shall include every use or occupancy of a structure, or a use of land, listed in this Ordinance as permitted upon issuance of a use permit and not otherwise. No use permit for a use in any district which is listed in the district regulations as a conditional use for that class of district shall be authorized except in accordance with the following regulations. Every such use is declared to possess characteristics such as to require, in pursuit of the general intent of this Ordinance, special review and appraisal in each instance. (b) For the purposes of this Section, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM-Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program "). (c) Zoning code review and approval process requiring a conditional use permit specifically for first story office uses for development projects involving the URM Financial Incentive Program shall be suspended as provided for below. (d) The provisions of Section 50.3 1, as amended, shall apply to all development projects involving the URM Financial Incentive Program and only for a time period up to five (5) years from the issuance of the building permit for the development project. For the purposes of this Section, "development project" UK704515.4 01- 103006 -04706002 -4- Ordinance No. 2006 -22 shall mean any project that requires a permit granting approval for construction from the City. (e) Section 50.3 1, as amended, shall become null and void, and have no force and effect thereafter, on December 31, 2008. SECTION V Section 106.4.3 of the 2001 California Building Code City entitled "Validity of permit" as adopted and amended by the of Gilroy City Code, Article I, entitled "Uniform Construction Codes" Section 6.1, entitled "Construction codes adopted" is hereby amended to add the following section to read as follows: For the purposes of this Section, the Financial Incentive Program for the URM Mandatory Retrofit Program ( "URM Financial Incentive Program ") shall mean the program adopted by the City to implement the URM Ordinance 2006 -19 ( "URM Program "). The City will grant one (1) 180 -day extension; one (1) 90 -day extension; and one (1) 60- day extension to a validly issued building permit for development projects involving the URM Financial Incentive Program. The granting of any extension as provided for in this Section shall be based on the criteria adopted by the City. The provisions of Section 106.4.3, as amended by Ordinance 2006 -_, shall apply to all development projects involving the URM Financial Incentive Program. For the purposes of this Section, "development project" shall mean any project that requires a permit granting approval for construction from the City. Section 106.4.3, as amended, is adopted and supported by the following findings based on local climatic, geological or topographical conditions, which are fully set forth below: -Geological I. The City of Gilroy is located in an area of high seismic activities as indicated by the United State Geological Survey and California Division of Mines and Geology. During moderate to strong seismic events, URM buildings that have not been retrofitted have been widely recognized to be the most dangerous buildings in CA and pose the greatest life safety hazard due to their potential to partially or totally collapse in a seismic event. Geological II. The City of Gilroy is located in an area of high seismic activities as indicated by the United State Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated that URM buildings have inadequate connections and roof and floor diaphragms to withstand moderate to strong WH1704515.4 01- 103006-04706002 Ordinance No. 2006 -22 earthquake loads. Consequently, URM buildings pose the greatest life safety hazard to building occupants and pedestrians adjacent to these buildings during a seismic event. Section 106.4.3, as amended, shall become null and void, and have no force and effect thereafter, on December 31, 2009. SECTION VI If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 6th day of November, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTES Rhonda Pellin, City Clerk UH1704515.4 01- 103006 - 04706002 APPROVED 4 ?inheliro, Mayor In Ordinance No. 2006 -22 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -22 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of November, 2006, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 14th day of November, 2006. City Jerk of the City of Gilroy (Seal)