NVF:JAC:KMF
03/12/2025
T-44894.001\2190524_2 1
Council Agenda: 03-25-2025
Item Number: 2.12
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
THE EFFECTIVE DATE OF ORDINANCE NO. 31123, THE
SOFT STORY SEISMIC RETROFIT ORDINANCE, FROM
APRIL 1, 2025 TO APRIL 1, 2026, AND AMENDING THE
COMPLIANCE DEADLINES IN SECTION 17.41.550 OF
CHAPTER 17.41 OF TITLE 17 OF THE SAN JOSE
MUNICIPAL CODE, WHICH REQUIRES SEISMIC
RETROFIT OF CERTAIN WOOD-FRAME TARGET STORY
RESIDENTIAL BUILDINGS
WHEREAS, on September 24, 2024, the City Council of the City of San José (“City”) approved Ordinance No. 31123 (“Soft Story Seismic Retrofit Ordinance”), requiring seismic retrofit of certain wood-frame target story residential buildings in order to reduce earthquake-related deaths and injuries, improve the durability of the existing housing stock – particularly affordable units, facilitate post-earthquake emergency response, improve community stability, minimize displacement during retrofits and after an earthquake, and reduce the economic impacts of a damaging earthquake; and
WHEREAS, implementation of the Ordinance includes a Retrofit Financing Program, a public-private partnership, to defray the retrofit costs for property owners, including incorporating rebates offered through FEMA grants and leveraging City funds to offer participating property owners a low-cost retrofit financing while mitigating tenant rent increases; and
WHEREAS, the effective date of the Soft Story Seismic Retrofit Ordinance was set at April 1, 2025, however, due to recent federal government actions, uncertainty of FEMA programs and the slow movement of the City’s $25 million FEMA grant application along with the City’s limited Measure E funding, the City desires to amend the effective date to April 1, 2026, and extend the related compliance deadlines by one year; and
NVF:JAC:KMF
03/12/2025
T-44894.001\2190524_2 2
Council Agenda: 03-25-2025
Item Number: 2.12
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General Procedure and Policy Making resulting in no changes to the physical environment); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 17.41.550 of Chapter 17.41 of Title 17 of the San José Municipal Code is amended to read as follows:
17.41.550 Subject Building Compliance Group and Schedule
A. Each Subject Building shall be assigned to one of the following compliance groups.
Group 1. A Subject Building built before January 1, 1978 and containing five (5) or more Dwelling Units and not assigned to Groups 2 or 3 shall be assigned to Group 1.
NVF:JAC:KMF
03/12/2025
T-44894.001\2190524_2 3
Council Agenda: 03-25-2025
Item Number: 2.12
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Group 2. A Subject Building built after January 1, 1978 and before January 1, 1990 and containing five (5) or more Dwelling Units and not assigned to Group 1 shall be assigned to Group 2.
Group 3. A Subject Building built before January 1, 1990 and containing three (3) or more Dwelling Units and not assigned to Group 1 or Group 2 shall be assigned to Group 3.
B. A Subject Building in each compliance group must complete the required screening and construction by the dates listed in Table 1.
TABLE 1. Compliance deadlines in total years commencing from the effective date of this Chapter
Compliance
Group
Screening Phase Construction
Completion
Group 1 18 months
(October 1, 20276)
5 years
(April 1, 20310)
Group 2 18 months
(October 1, 20276)
6 years
(April 1, 20321)
Group 3 18 months
(October 1, 20276)
7 years
(April 1, 20332)
C. The City may waive or require an amended schedule of Table 1 and grouping assignments under this Section to comply with funding requirements by an agreement between the City and the Owner to facilitate compliance with this Chapter.
D. Hardship Extension.
NVF:JAC:KMF
03/12/2025
T-44894.001\2190524_2 4
Council Agenda: 03-25-2025
Item Number: 2.12
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
1. If an applicant for a Subject Building believes that the physical site conditions, necessary operational requirements, or the public health, safety, or economic welfare make it a hardship or infeasible to meet the requirements of this Section, then the Owner may request a modification to the compliance schedule from the Building Official. The burden shall be on the Owner to demonstrate the grounds for any extension.
2. In making a determination in response to an application under Subsection 1 above, if the Building Official determines that the facts offered in support of an application demonstrate that the purposes of this Chapter will have been achieved to the maximum extent reasonably allowed by the circumstances, then the Building Official may extend the schedule for compliance deadline in Table 1 above.
3. The Building Official’s decision shall contain a statement of the facts upon which the decision was based.
4. The Building Official’s decision shall be mailed or electronically mailed to the Owner at the address shown on the application.
SECTION 2. Effective Date
The provisions of Ordinance No. 31123, as amended by this Ordinance, shall be effective on April 1, 2026.
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03/12/2025
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Council Agenda: 03-25-2025
Item Number: 2.12
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk