Ordinance 2015-09 ORDINANCE 2015-09
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING ARTICLE VI ENTITLED "SEISMIC
SAFETY" PERTAINING TO THE CHANGE OF OCCUPANCY
PROVISIONS CONTAINED IN THE CURRENT GILROY CITY CODE
CHAPTER 6, ARTICLE VI, SECTION 6.48, FORMER ARTICLE VI
SECTION 6.47
WHEREAS, the purpose of this Ordinance is to promote public safety by providing
standards for both analyzing and retrofitting potentially hazardous unreinforced masonry
buildings; and
WHEREAS, the City Council in adopting this Ordinance relies upon the authority vested
in the City Council pursuant to California Government Code sections 8875 et seq. and California
Health and Safety Code sections 19160 et seq.; and
WHEREAS, Ordinance No. 2006-19, was adopted on November 15, 2006, and said
ordinance added a new Article VI to the Gilroy City Code known as the "Unreinforced Masonry
Building(URM)Ordinance"; and
WHEREAS, Ordinance No. 2007-06, was adopted on March 19, 2007, to clarify Chapter
6, Article VI with respect to vacant and unoccupied URM buildings, and to correct other minor
typographical changes,all of which did not affect the effective date of Article VI; and
WHEREAS, the past and current economic conditions has made URM retrofitting
compliance difficult and/or unattainable by property owners within the timeframe established by
Gilroy City Code; and
WHEREAS, in April 2009 the City Council formed a URM Task Force to obtain from
URM property owners information regarding the unique challenges and obstacles that have made
compliance difficult and/or unattainable, and to develop a recommended approach to the URM
retrofit requirements; and
WHEREAS, Ordinance No. 2011-07, was adopted on May 16, 2011, and said Ordinance
repealed in its entirety Chapter 6, Article VI, of the Gilroy City Code entitled "Seismic Safety"
and replaced with a new Article VI; and
WHEREAS, over the last several years there have been Resolutions adopted by the City
Council to impose, extend and repeal various sunset provisions with respect to URM program;
and
WHEREAS, this Ordinance is adopted to clarify Chapter 6, Article VI with respect to the
change of occupancy provisions contained in Article VI, Section 6.48, former Article VI, Section
6.47; and
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WHEREAS, this Ordinance is exempt from the California Environmental Quality Act
(CEQA) under CEQA Guidelines, Section 15321, as Enforcement Actions by Regulatory
Agencies. This Ordinance allows the City to enforce the safety objectives of the current Seismic
Safety Ordinance, Chapter 6, Article VI, by limiting occupancy of the unsafe buildings once
vacancy has occurred.
NOW THEREFORE,the City Council of the City of Gilroy does ordain as follows:
SECTION I
Gilroy City Code, Article VI, entitled "Seismic Safety" is hereby amended by repealing
Section 6.48 entitled "Change of Occupancy" and replacing it with a new Section 6.48 entitled
"Change of Occupancy"to read as follows:
"Sec. 6.48 Change of Occupancy
Notwithstanding the deadline set forth in Section 6.50,the following shall apply:
(a) Upon change of occupancy, a URM building shall be retrofitted to the VRS standards
defined in this ordinance prior to any further occupancy, if the building official determines that
the change will create an increased occupancy load or a hazardous condition.
(b) When a URM building becomes vacant for more than a twenty-four(24)hour period,
the URM building shall be retrofitted to the applicable standards defined in this ordinance prior
to any further occupancy. When a tenant unit or lease space within a URM building becomes
vacant for more than a twenty-four (24) hour period, the tenant unit or lease space shall not be
re-occupied for any use unless and until the URM Building is retrofitted to the applicable
standards defined in this ordinance.
(c) For purposes of this section, vacant shall refer to the condition of a URM building,
tenant unit or lease space whereby the business or residential use within such building, tenant
unit or lease space of the URM building has ceased for a period of more than a twenty-four (24)
hours. A residential or commercial unit is considered vacant if, for a period of more than
twenty-four (24) hours, such unit is not leased by a tenant, subject to a month to month rental
agreement with a tenant or being lawfully held over by a tenant after termination of a previous
lease. A business is also considered vacated when any of the following apply: (i) a business
license is not renewed; or (ii) the business is not operational for more than a twenty-four (24)
hour period over its normal business hours. However, if a sign is posted that the business owner
is on vacation, or temporarily closed for other personal reasons, an exemption to the twenty-four
(24) hour period may be allowed if the owner demonstrates to the satisfaction of the Building
Official, that the building has not been vacated, and/or that the business use has not ceased.
When the Building Official determines that a tenant unit or lease space has become vacant, the
City will restrict any further occupancy of that particular tenant unit or lease space, including
issuance of a new business license until the URM building is retrofitted to the applicable
standards defined in this ordinance."
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SECTION II
This Ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City Council to be necessary as an emergency measure and shall take effect
immediately and be in full force and effect after its adoption and approval based on the following
findings: (a) the City Council desires to provide Gilroy citizens with the greatest degree of
protection from the hazards of unreinforced masonry buildings in the most effective manner; (b)
the City intends to immediately respond to the public safety needs of the community by
amending the Gilroy City Code to promote public safety by providing standards for both
analyzing and retrofitting potentially hazardous unreinforced masonry buildings; and (c)the City
Council fords that any impediment to the effective, efficient enforcement of the URM Ordinance
presents an imminent threat to the general public health, safety and welfare.
SECTION III
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that
it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
PASSED AND ADOPTED this 17th day of August,2015, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE-MUNOZ,
WOODWARD and GAGE
NOES: COUCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: TUCKER
APPROVED:
avvid f e 41'
/ Donald F. Gage, Mayor
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ATTEST: f ;,
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�Shiawna Freels, Ci
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4827-3774-5190v1 ORDINANCE NO. 2015-09
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2015-09 is an original ordinance, or 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 17th day of August,2015, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of August, 2015.
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Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)