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Ordinance 2005-20 ORDINANCE NO. 2005-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2005 CALIFORNIA ENERGY CODE AND UPDATING SECTION 6.1 OF CHAPTER 6 OF THE GILROY CITY CODE TO REFLECT ADOPTION OF THE CALIFORNIA CONSTRUCTION CODES AND CERTAIN UNIFORM CONSTRUCTION CODES. WHEREAS, Section 6.1 of the Gilroy City Code provides that the latest edition of specified codes shall be submitted to the City Council for adoption subject to local changes and modifications; and WHEREAS, said Section 6.1 states that the City of Gilroy ("City") has adopted certain uniform codes, but California law now requires the City to adopt the California Construction Codes, and the City Council wishes to update Section 6.1 to reflect the adoption of the California Construction Codes; WHEREAS, the City has adopted the Uniform Code for Abatement of Dangerous Buildings and the Uniform Housing Code and the City wishes to update said Section 6.1 to so state; and WHEREAS, California has adopted the 2005 California Energy Code; and WHEREAS, California Health and Safety Code sections 17958 and 17958.5 authorize a city or county to make changes in provisions published in the California Building Standards Code or other regulations, but specify that if a city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings that the changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions, the provisions published in the California Building Standards Code and other promulgated regulations shall be INVH\667367.3 01-083005-04706084 -1- Ordinance No. 2005-20 applicable to the city or county and shall become effective 180 days after publication, which date of effectiveness is October 1, 2005 for the 2005 California Energy Code; and WHEREAS, pursuant to California Health and Safety Code section 17958.5, the City has made changes or modifications from time to time to various adopted construction codes upon finding that the modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions and the City Council does not intend to vitiate or in any way affect any of those modifications or changes; and WHEREAS, the City Council held a duly noticed public meeting regarding the adoption of the 2005 California Energy Code; and WHEREAS, the City Council desires to adopt the 2005 California Energy Code, as required by state law, without changes or modifications; and WHEREAS, the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") because it will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and thus is not a "project" within the meaning of California Public Resources Code section 21065; and WHEREAS, the City Council has reviewed all of the written materials and considered all of the oral testimony presented to it on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The 2005 California Energy Code is hereby adopted by this reference for the City of Gilroy effective October 1,2005. INVH1667367.3 01-083005-04706084 -2- Ordinance No. 2005-20 SECTION II Section 6.1 of Chapter 6 of the Gilroy City Code is hereby amended to read as follows: Sec. 6.1 Construction Codes Adopted. For the purpose of setting forth proper regulations for the protection of the public health, safety and welfare, regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures in the city; providing for the issuance of permits and collection of fees therefor; declaring and establishing fire districts and providing penalties for the violation thereof; the following construction codes are adopted to apply in the City of Gilroy: A. The California Building Code. B. The California Mechanical Code. C. The California Electrical Code. D. The California Plumbing Code. E. The California Building Standards Administrative Code. F. The California Code for Building Conservation. G. The California Historical Building Code. H. The California Elevator Safety Construction Code. r. The California Fire Code. 1. The California Reference Standards Code. K. The California Energy Code. L. The Uniform Code for Abatement of Dangerous Buildings. M. The Uniform Housing Code. The latest edition of each of the above codes shall be submitted to the Council from time to time together with changes or modifications as are reasonably necessary because of local climatic, geological, or topographical conditions, or as otherwise permitted by state law. The City Council may by ordinance approve these and other California construction codes as they may exist from time to time and changes and modifications thereto. All such ordinances shall be kept on file in the office of the city engineer for public review. SECTION III Nothing herein shall be construed to vitiate or in any way affect any modifications or changes that the City has made to previously adopted construction codes pursuant to California Health and Safety Code section 17958.5 or any other provision oflaw. INVH1667367.3 01-083005-04706084 -3- Ordinance No. 2005-20 SECTION IV 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 anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION V This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 3rd day of October, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO, GARTMAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO ATTEST: ]/ ..' ) 11 u.:c L. I F / / I .." V<,-jt. L ve/'-- Rhonda Pellin, City Clerk INVHI6673673 01-083005-04706084 -4- Ordinance No. 2005-20 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2005-20 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 3rd day of October, 2005, 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 4th day of November, 2005. \ ,~, ? \. "-". /. .,/,1" .," ':,'.' ,',~ ---i:::: l_pAap- · , L-eL-l/,- City Clerk of the City of Gilroy (Seal)