Ordinance 2002-14 ORDINANCE NO. 2002-14
AN ORDINANCE ADDING ARTICLE VII, COMMENCING
WITH SECTION 21.150, TO CHAPTER 21 OF GILROY CITY
CODE TO AUTHORIZE THE IMPOSITION OF
DEVELOPMENT IMPACT FEES TO FUND LlBRARY
CONSTRUCTION
WHEREAS, the City of Gilroy ("City") is served by a public library, hereinat~er referred
to as the "Gilroy Library," said library being a part of the County of Santa Clara's library system
and operated by the Santa Clara County Library Joint Powers Authority; and
WHEREAS, the Gilroy Library currently serves the City's approximately 43,539
residents as wall as approximately 6,000 residents from outside the city limits, and is currently
sized at about 12,800 gross square feet; and
WHEREAS, the Gilroy General Plan projects that the City's population will grow to
between 60,500 and 62,500 persons by the year 2020, and the City's population can be
anticipated to grow further beyond the year 2020; and
WHEREAS, the City Council appointed a Gilroy Library Expansion Committee to assess
the level of library services needed to serve the City's projected increased population; and
WHEREAS, the Gilroy Library Expansion Committee recommended, based on the
current library planning standard of approximately .75 gross square feet of library space per
patron, that the City, in conjunction with the Santa Clara County Library Joint Powers Authority,
build a 52,600 gross square foot library building to meet the needs of the City's projected
increased population; and
WHEREAS, the City Council, after duly noticed public meetings, adopted a Master Plan
for the expansion of the Gilroy Library; and
WHEREAS, the City has applied for a State grant under the California Reading and
Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 for
approximately 65% of the funds needed by the City to finance the construction of the library, and
WVI-R558514.2 -1-
intends to impose a development impact fee on residential development projects to fund the
portion of the City's financial contribution attributable to expansion needs generated by new
residents; and
WHEREAS, the California Government Code sections 66000 et. seq. authorizes the City
Council, after prescribed notice and public hearing, to levy development impact fees in amounts
that do not exceed the estimated cost of providing the services for which the fees are levied.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Article VII of Chapter 21 of the Gilroy City Code is hereby added to read as follows:
Article VII. Librmy Impact Fees.
Section 21.150. Purpose of article.
The purpose of library impact fees is to finance expansion of the Gilroy Library to
meet the projected needs of the City's growing population by imposing fees on
development projects.
Section 21.151. Definitions.
(a) "Development project" shall have the same meaning as stated in Section
21.125 of this code.
(b) "Time of payment" shall have the same meaning as stated in Section
21.127 of this code.
Section 21.152. Library impact fee required; fund established.
(a) Approval of any residential development project by the city shall be
conditioned upon the payment of library impact fees in amounts in effect at the time of
payment of the fees and as fixed from time to time by resolution of the city council, The
city council resolution shall establish categories of development projects and fix fee rates
for each category. The fees applicable to a particular residential development project
shall be calculated upon the number and types of residential dwelling units.
(b) All fees collected pursuant to the provisions of this article, and any
earnings thereon, shall be placed in a separate librmy impact fee fund in a manner to
avoid any commingling of the fees with other revenues and funds, except for temporary
investments or as may otherwise be permitted by law. The fees collected, and any
UqVH~558514.2 -2-
earnings thereon, shall be expended solely for the acquisition and development of library
facilities and the repayment of any indebtedness incurred by the city therefor.
SECTION ll
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 5th day of August, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATTEST: ~
Rhonda Pellin, City Clerk
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NONE
VELASCO
APPROVED:
Thomas W. Springer~h~or
',NVHLS58514.2 -3-
I, RHONDA PELLIN, City Clerk of the City of Gikoy, do hereby certify that the attached
Ordinance No. 2002-14 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 5th day of August, 2002, 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 25th day of September, 2002.
City C~erk of the City of C~lroy
(Seal)