Ordinance 2003-19
ORDINANCE NO. 2003-19
AN ORDINANCE OF THE CITY OF GILROY AMENDING
GILROY CITY CODE SECTION 7.4 BY ADDING SECTION
7.4.1 TO ELIMINATE CERTAIN CHARGES TO
DEVELOPMENT PROJECTS IN THE C-2 CENTRAL
BUSINESS DISTRICT ZONE
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 has 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 has recommended, among other measures, to
eliminate 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
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 which will be charged to applicants seeking development permit approval and for
development impact fees; and
WHEREAS, in the Downtown C-2 Zone, the City Council intends to eliminate charges to
applicants for processing of development applications and building permits, and to eliminate
development impact fees for development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 7.4.1 is added 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.
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ORDINANCE NO. 2003-19
(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,
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
20th day of October, 2003, by the following vote:
NOES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NONE
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED
---7l~
Thomas W. Springe
-I
ATTEST):., )
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Rhonda Pellin, City Clerk
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ORDINANCE NO. 2003-19
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Ordinance No. 2003-19 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of October, 2003, 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 4th day of November, 2003.
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City Clerk of the City of Gilroy
(Seal)