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File Number: 16-619 <br />additional exits may be required to be installed. <br />(m)All buildings or portions thereof which are not provided with the fire-resistive <br />construction or fire-extinguishing systems or equipment required by this code, <br />except those buildings or portions thereof which conformed with all applicable laws <br />at the time of their construction and whose fire-resistive integrity and <br />fire-extinguishing systems or equipment have been adequately maintained and <br />improved in relation to any increase in occupant load, alteration or addition, or any <br />change in occupancy. <br />(n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining <br />purposes which were not designed or intended to be used for such occupancies. <br />(o) Inadequate structural resistance to horizontal forces. <br />However, a condition which would require displacement of sound walls or ceilings <br />to meet height, length, or width requirements for ceilings, rooms, and dwelling units <br />shall not by itself be considered sufficient existence of dangerous conditions <br />making a building a substandard building, unless the building was constructed, <br />altered, or converted in violation of such requirements in effect at the time of <br />construction, alteration, or conversion.” <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 5 City of San Leandro Printed on 11/29/2016