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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: INVH1629247.1 01-070804-04706084 -1- 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: INVH1629247.1 01-070804-04706084 -2- Ordinance No. 2004-14 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTES~ ~ ~- ..- ,', " ~.Al.' 'J~-<-. Rhonda Pellin, City Clerk INVH1629247.1 01-070804-04706084 CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NONE NONE APPROVED -3- 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. \. (Seal)