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
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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.
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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
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ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NONE
NONE
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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)