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File Number: 16-629 <br />Section 7-5-200: CHANGE OF OCCUPANCY: SEISMIC. <br />Section 407 is amended as follows. <br />Section 407.1 Conformance. No change shall be made in the use or occupancy of any building <br />unless such building is made to comply with the requirements of the California Building Code for <br />the use or occupancy. Changes in use or occupancy in a building or portion thereof shall be such <br />that the existing building is no less complying with the provisions of this code than the existing <br />building or structure was prior to the change. Subject to the approval of the building official, the <br />use or occupancy of existing buildings shall be permitted to be changed and the building is <br />allowed to be occupied for purposes in other groups without conforming to all of the requirements <br />of this code for those groups, provided the new or proposed use is less hazardous, based on life <br />and fire risk, than the existing use. <br />Section 407.1.1 Change in the character of use. A change in occupancy with no change of <br />occupancy classification shall not be made to any structure that will subject the structure to any <br />special provisions of the applicable California Codes, without approval of the building official. <br />Compliance shall be only as necessary to meet the specific provisions and is not intended to <br />require the entire building be brought into compliance. <br />Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, <br />clause or phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or <br />ineffective by any court of competent jurisdiction, such decision shall not affect the validity or <br />effectiveness of the remaining portions of this Ordinance or any part hereof. The city council <br />hereby declares that it would have passed each section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of the Ordinance irrespective of the fact that one or more of them <br />would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are <br />declared to be severable. <br />Section 4. Effective Date and Publication. This ordinance shall take effect on January 1, <br />2017 and the title thereof shall be published twice prior to adoption pursuant to California <br />Government Code Section 50022.3, which permits enactment of City Ordinances that adopt <br />codes or statutes, including codes of the State of California, by reference and notice of the <br />adoption by reference was published in accordance with Government Code Sections 50022.3 <br />and 6066. Said notice was sufficient to give notice to interested persons of the purpose of this <br />ordinance and the subject matter thereof. <br />Section 5. The City Council finds that adoption of this ordinance is exempt from the <br />California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 <br />Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies <br />only to projects that have the potential for causing a significant effect on the environment, and in <br />this case it can be seen with certainty that there is no possibility that the activity in question may <br />have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)). <br />Page 3 City of San Leandro Printed on 11/15/2016