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Ordinance 2015-11I ORDINANCE 2015 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING ARTICLE VI ENTITLED "SEISMIC SAFETY" REGARDING A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS 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to the URM retrofit requirements; and WHEREAS, Ordinance No. 2011 -07, was adopted on May 16, 2011, and said Ordinance repealed in its entirety Chapter 6, Article VI, of the Gilroy City Code entitled "Seismic Safety" and replaced with a new Article VI; and 4812 - 7832 -Mv1 ORDINANCE NO. 2015 -11 JH104706084 2 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 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 HEREBY 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 4812- 7as24006vi ORDINANCE NO. 2015-11 JH104706084 3 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." SECTION II 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. SECTION III This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 14'' day of September, 2015, by the following vote: AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUCILMEMBERS: VELASCO ABSENT: COUNCILMEMBERS BRACCO APPROVED: Z4�Zj IV, ) V_� - 41,1� - Donald F. Gage, Mayor ATTEST: Freels, City Clerk 4812 - 7832-40060 ORDINANCE NO. 2015 -11 JH104706084 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2015 -11 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 10 day of September, 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 15th day of September, 2015. vna Freels, MMC Clerk of the City of Gilroy (Seal)