Ordinance 2004-14
ORDINANCE NO. 2004-14
AN ORDINANCE OF THE CITY OF GILROY AMENDING
GILROY CITY CODE SECTION 7.4.1, ELIMINATING
CERTAIN CHARGES TO DEVELOPMENT PROJECTS IN THE
C-2 CENTRAL BUSINESS DISTRICT ZONE, TO ALSO
ELIMINATE SUCH CHARGES ALONG A CERTAIN
PORTION OF EIGLEBERRY STREET
WHEREAS, State law allows cities to charge fees for the filing, accepting, reviewing,
approving or issuing of an application, permit or entitlement, so long as the amount of those fees
and charges do not exceed the estimated amount required to provide the service for which the
fees or charges are levied; and
WHEREAS, the City is authorized to impose development impact fees pursuant to its
police powers and pursuant to State law; and
WHEREAS, the City Council had appointed a Downtown Task Force to study and
recommend measures to improve the downtown in preparation for the adoption of a Downtown
Specific Plan; and
WHEREAS, the Downtown Task Force had recommended eliminating application
processing fees, development impact fees and building permit fees for development projects in
the City's C-2 Central Business District zone ("Downtown C-2 Zone"), and now recommends
expanding that exemption along Eigleberry Street between, and including, 3rd Street and 7th
Street; and
WHEREAS, Gilroy City Code Section 7.2 authorizes and directs the City Administrator
to adjust fees and charges to recover the percentage of "costs reasonably borne," as such term is
defined in Section 7.3, by the City for its services and for development impact fees; and
WHEREAS, Section 7.4 establishes the percentage of the cost reasonably borne by the
City that will be charged to applicants seeking development permit approval and for
development impact fees; and
WHEREAS, on October 20, 2003, the City Council intends and adopted Ordinance No.
2003-19, which added section 7.4.1 to the Gilroy City Code to eliminate, in the Downtown C-2
Zone, development impact fees and charges to applicants for processing of development
applications and building permits for development projects; and
WHEREAS, the City Council wishes to amend section 7.4.1 to also eliminate such
development impact fees and charges to applicants for development projects in the area along
Eigleberry Street between, and including, 3rd Street and 7th Street.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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Ordinance No. 2004-14
SECTION I
Section 7.4.1 is amended to state as follows:
Sec. 7.4.1 Elimination of charging costs reasonably borne to development projects
in the C-2 Central Business District zone and along Eigleberry Street.
(a) For the purposes of this section, "development project" shall mean any
project that requires a permit granting approval for construction from the
City of Gilroy.
(b) Costs reasonably borne, as set forth in the table in section 7.4, shall be set at
o percent for development projects in the C-2 Central Business District zone
and development projects in the area along Eigleberry Street between, and
including, 3rd Street and 7th Street, except direct costs shall be borne by said
projects for all costs, fees and charges incurred in city review and processing
that must be paid to outside consultants, city-contracted entities, and other
agencIes.
(c) This section 7.4.1, in its entirety, shall become void and have no force and
effect thereafter, upon the earlier of the date of adoption of a Specific Plan
for the downtown by the city council, or on December 31, 2005.
SECTION II
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
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this
7th day of September, 2004, by the following vote:
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Ordinance No. 2004-14
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTES~ ~
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Rhonda Pellin, City Clerk
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01-070804-04706084
CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NONE
NONE
APPROVED
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Ordinance No, 2004-14
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-l4 is an original ordinance, or a true and correct copy ofa city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
7th day of September, 2004, 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 22nd day of September, 2004.
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(Seal)