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Ordinance 2006-04ORDINANCE NO. 2006 -04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING GILROY CITY CODE CHAPTER 21, ARTICLE VI, SECTION 21.125 TO A LIMITED EXEMPTION FOR EXISTING SCHOOL FACILITIES FROM TRAFFIC DEVELOPMENT IMPACT FEES FOR NEW BUILDINGS THAT DO NOT EXPAND ENROLLMENT OR INCLUDE COMMUNITY USE WHEREAS, Saint Mary School c/o Marie P. Blankley ( "Applicant ") has requested that the City of Gilroy ( "City ") waive the traffic impact fee required by Municipal Code Chapter 21, Article VI, Section 21.125 for a Science Lab Building to be constructed at the school; and WHEREAS, Saint Mary School has established that the Science Lab Building will be used solely for the science education of existing students and therefore will not create any impact on traffic; and WHEREAS, public schools are generally not subject to imposition of the traffic impact fee; and WHEREAS, Saint Mary School has agreed to enter into an agreement restricting the use of the Science Lab Building so that it cannot be used in the future for any potential traffic- generating use; and WHEREAS, the City has determined that the proposed limited exemption from traffic impact fees does not constitute a "project" for the purposes of review pursuant to the California Environmental Quality Act; and WHEREAS, the City Council held a duly noticed public meeting on January 23, 2006, at which time the City Council considered the public testimony, the staff report dated January 17, 2006 ( "Staff Report"), and all other documentation related to this waiver request; an d IGB01682645.2 01 -013106 -04706089 -I- Ordinance No. 2006 -04 WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 21.125 of the Gilroy City Code entitled "Development project; definition" is hereby amended to read as follows. For the purposes of this article, development project shall include: (1) Any new residential, commercial, industrial or other nonresidential buildings; (2) Any additions or alterations to existing residential improvements that create one or more additional dwelling units; and (3) Any additions or alterations to existing nonresidential improvements that increase the gross square footage of the improvement, in which case: a. The citywide traffic impact fee shall apply only to the increase in gross square footage if the proposed use is in the same fee rate category as the existing use; or b. The citywide traffic impact fee shall apply to the entire gross square footage of the improvement if the proposed use is in a higher fee rate category than the existing use, except that credit shall be applied in an amount based on the existing gross square footage in the existing fee rate category. "Development project" shall not include governmental entity buildings utilized solely for governmental purposes by that entity and which otherwise are legally exempt from such city- imposed fees. "Development project" shall not include a building added to existing private school facilities for use by that school's population only, that the city determines will not create a traffic impact, provided that the school enters into an agreement with the city which includes restrictions to preclude changes in use that could increase the school's population or generate traffic impacts. IGB01682645.2 01 -013106- 04706089 -2- Ordinance No. 2006 -04 SECTION III 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 any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 27th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ATT I EST) Rhonda Pellin, City Clerk 1GB01682645.2 01 -013106- 04706089 ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NONE NONE -3- APPROVED: lbert Pinheiro, Mayor Ordinance No. 2006 -04 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -04 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 27th day of February, 2006, 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 7th day of February, 2006. City derk of the City of Gilroy (Seal)