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Ordinance 2005-25 ORDINANCE NO. 2005-25 AN ORDINANCE OF THE CITY OF GILROY AMENDING GILROY CITY CODE SECTION 7.4.1, PROVIDING THAT CERTAIN CHARGES TO DEVELOPMENT PROJECTS IN THE C-2 CENTRAL BUSINESS DISTRICT ZONE AND ALONG A CERTAIN PORTION OF EIGLEBERRY STREET ARE SET AT ZERO (0) PERCENT OF COST REASONABLY BORNE BY THE CITY, TO EXTEND ITS PROVISIONS UNTIL DECEMBER 31, 2006 AND TO EXTEND ITS PROVISIONS FOR PROJECTS INVOLVING REMEDIATION OF UNREINFORCED MASONRY BUILDINGS UNTIL DECEMBER 31,2006 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 subsequently recommended 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 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, on September 4,2004, the City Council adopted Ordinance No. 2004-14 to amend section 7.4.1 to also eliminate such development impact fees and charges to applicants for INVHI673659,1 01-102505-04706084 -1- Ordinance No. 2005-25 development projects in the area along Eigleberry Street between, and including, 3rd Street and 7th Street; and WHEREAS, by its terms, the provisions of section 7.4.1 will become null and void upon the earlier of the date of adoption of a Specific Plan for the Downtown by the City Council, or on December 31,2005; and WHEREAS, the City has developed an Specific Plan for the Downtown and has hired a consultant to work with the City to develop implementation measures for the Specific Plan with regard to economic incentives for development, and the City Council wishes to extend the period of time during which such development impact fees and charges to applicants will not be charged for one year, until December 31, 2006, to allow time for the development and adoption of the implementation measures; and WHEREAS, there exist within the City certain buildings constructed on unreinforced masonry ("URM Buildings"), and the City wishes to facilitate the remediation of those building to protect the health and safety of the City's residents and visitors; and WHEREAS, the City wishes to eliminate development impact fees and charges to applicants for processing of development applications and building permits for development projects involving remediation ofURM Buildings until December 31,2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 7.4.1 is amended to state as follows: Sec. 7.4.1 Elimination of development impact fees and the charging of costs reasonably borne to development projects in the C-2 Central Business District zone and along Eigleberry Street, and to development projects involving the remediation of unreinforced masonry buildings. (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 zero (0) percent and development impact fees set at zero (0) dollars for development projects in the C-2 Central Business District zone and development projects in the area along Eigleberry Street between, and including, Third Street and Seventh 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. INVH1673659.1 01-102505-04706084 -2- Ordinance No. 2005-25 (c) Costs reasonably borne, as set forth in the table in section 7.4, shall be set at zero (0) percent and development impact fees set at zero (0) for development projects involving remediation of buildings constructed of unreinforced masonry, 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. (d) This Section 7.4.1, in its entirety, shall become null and void, and have no force and effect thereafter, on December 31, 2006. 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 21st day of November, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED AT~E' .. ) . \~A /{4 ncf. ^ '/--0{Luc RhOIi.da Pellin, City Clerk ~- INVH\673659,1 01-102505-04706084 -3- Ordinance No. 2005-25 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-25 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 21st day of November, 2005, 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 11 th day of January, 2006. /) ) JCiCi1ufA V:~L(-<'L City Clerk of the City of Gilroy (Seal)