Ordinance 1977-41ORDINANCE NO, 77-41
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY REQUIRING
DEDICATION OF LAND OR FEES OR BOTH FOR SCHOOL FACILITIES
AS A CONDITION OF RESIDENTIAL DEVELOPMENT IN ATTENDANCE 'AREAS
OF OVERCROWDED SCHOOLS (GOVERNMENT CODE SECTIONS 65970 TO
65978)
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I. For the purpose of establishing an interim method
of providing classroom facilities where overcrowding conditions exist
as determined pursuant to Government Code Section 65971, the Council
of the City of Gilroy shall require the dedication of land, the
payment of fees in lieu thereof, or a combination of both, for class-
room and related facilities for elementary or high schools as a
condition of residential development pursuant to Government Code
Section 65974.
Section II. The School District shall submit to the Council
with its Section 65971 notice all relevant data utilized by the district
in making its Section 65971 findings and mitigation measures considered
to alleviate overcrowding.
Section III. The Council shall set a public hearing within thirty
(30) days after receipt of the Section 65971 notice to determine if
it concurs in the School District findings. Following the public hearing,
the Council by resolution may make the findings and determinations
required by Section 65974 including the amounts of land to be dedicated
and fees to be paid.
Section IV: This is an Emergency Ordinance which shall take
effect immediately upon its passage and approval. The facts and
circumstances giving rise to the emergency are as follows:
Gilroy Ordinance No. 77-25 requiring mitigation of
school impaction prior to issuance of builJing
permits, under which Gilroy Unified Schoo' District
is now receiving benefits, will be preempned January
1, 1978 by Government Code Sections 65970 to 65978
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ORDINANCE NO. 77-41
which authorize similar relief for school districts
under state statutes, provided that an enabling
ordinance under Section 65974 has been in effect for
30 days. For the general welfare of the community~
this enabling ordinance should take effect immediately
and 30 days prior to January 1, 1978, so that all
present and future applicants for building permits will
be treated fairly and equally with regard to mitigation
measures, so that the school district does not lose
financing for interim school facilities for a period of
time after January 1, 1978, and so as to avoid state
mandated denial of further development after January 1,
1978.
This Ordinance was introduced as an emergency measure and passed
and adopted to become effective immediately and ordered published by
title and summary in accordance with provisions of the City Charter at
a regular session of the City Council held on the 21st day of November,
1977, by the following vote:
AYES: COUNCILMEMBERS: CHILDERS, CUNNINGHAM, HUGHAN,'LINK,
PATE and GOODRICH ·
NONE:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: STOUT
~~OVED: ~
Mayor
/ - _ ~ City~-Cierk ~
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ORD. INANCE NO. 77'41
I, SUSANNE E, STEINMETZ, City Clerk of the CiLy of Gilroy, do hereby
certify that the attached Ordinance No. 77-4!_.. . is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 21st day of November , 19 7~,,, 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 Gir~8th day of November ,.,,
G4' Clerk of the City of ~ilroy ~
(Sea J )
19 7_.Z_7.