Ordinance 2017-05ORDINANCE NO. 2017-05
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING CHAPTER 21, SECTION
21.127 OF THE GILROY CITY CODE ENTITLED "TIME
OF PAYMENT" PERTAINING TO THE PAYMENT OF
TRAFFIC, PUBLIC FACILITIES, WATER, STORM AND
SEWER IMPACT FEES
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City Council has the authority to enact ordinances which promote the
public health, safety and general welfare of its residents; and
WHEREAS, the City Council finds that the modification to Gilroy City Code,
Chapter 21, pertaining to the time of payment of the various impact fees is necessary and in the
interest of the health, safety and welfare of the residents of the City; and
WHEREAS, this Ordinance is exempt from the requirements of the California
Environmental Quality Act of 1970 ( "CEQA "), as amended, because it does not involve an
activity that may cause either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy City Code, Chapter 21, SUBDIVISIONS AND LAND DEVELOPMENT,
Section 21.127, "Time of payment" to be amended to read as follows:
The time of payment of the traffic impact fee is as follows:
(1) For residential projects: at the earliest time authorized by California
Government Code section 66007 as it may be amended from time to time, and at the
Public Works Director's, or the Public Works Director designee's, discretion.
(2) For nonresidential projects: at the time specified by an agreement with the city; or,
prior to issuance of a building permit; or, prior to issuance of a Certificate of
Occupancy; or, pursuant to a payment agreement with the city pursuant to its
Payment Plan Policy, which was adopted October 2, 2017. The City Council may
from time to time amend the Payment Plan Policy.
(3) Notwithstanding any other provision of law, "time o f p a y m e n t" a s s e t fo r h in
this Section 21.127 shall apply to the payment of Sewer Development Impacts
Fees, Storm Development Impact Fees and Water Development Impact Fees. The
City Council may, by resolution, adjust the amounts of these fees from time to time,
ORDINANCE NO. 2017-05
based on new data.
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.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this 16th day of October, 2017, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER,
LEROE- MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Velasco, Mayor
ORDINANCE NO. 2017-05
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2017 -05 is an original ordinance, or true and correct copy of a CAN
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 16`h day of October, 2017, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18`h day of October, 2017.
(Seal)