Resolution 1980- 58
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RESOLUTION NO. 80-58
A RESOLUTION OF, THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING STANDARDS FOR THE SUBDIVISION 'OR
DEVELOPMENT OF PROPERTY, AND DEFINING MINIMUM TYPE
AND QUALITY OF TIIE PUBLIC SERVICE FACILITIES REQUIRED.
I1{TENT AND PURPOSE
InmREAS, it is deemed necessary and essential to amend,
combine and reenact prior resolutions which officially define
the requirements, policies and procedures for the subdivision
and development of property, in order to:
1. Cause the installation of public services
facilities necessary to properly serve the
property developed;
2. Spread the costs of required improvements
upon the property benefited in the manner
contemplated by law;
3. Prevent the dissipation or improper use of
the City's general operating and maintenance
funds in providing these improvements or in
maintaining faulty installations;
4. Protect the living standards, public safety
and common welfare of the general public.
TIIE CITY COUNCIL OF THE CITY OF GILROY DOES RESOLVE AS
FOLLOWS:
SECTION 1: PUBLIC WORKS EXTENSION COSTS:
Developers of residential, commercial, industrial or
institutional properties will be required to furnish bond to
guarantee the installation and payment for extending and construct-
ing prescribed public works improvements and facilities at the time
of acceptance of the Final subdivision map or issuance of all build-
ing permits, The off-site storm drainage fees and area water charge
shall be paid, in cash, at the time of acceptance of the Final map
of the Subdivision or issuance of a building permit (if not a sub-
division) and the off-site sanitary fees and recreation fees may be
paid at the time of issuance of the building permit applications or
RESOLUTION NO. 80-58
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approval of the final map. The charges shall be shared between
the developer and the City according to Table No. 1 attached hereto,
as applied and further defined in the stipulation contained herein,
or in Table No. II, as applicable. A standard development agree-
ment shall be required unless deemed unnecessary by the Director of
Public vJorks.
SECTION 2: OVERSIZE AND EXTENSION OF UTILITIES:
The developer will be required to bear the full cost of
any increase in the size of any public service facility to the ex-
tent that such increase in size is required simply and solely to
service other lands owned or to be later developed by the same party
or owners, or lands under control of the same corporate owners, in
the same manner as if all the property were being developed in one
and the same time.
Should the developer be required to oversize a utility
or be required to extend a utility, the City agrees to enter into
a 10 year reimbursement agreement with the developer. Should any
fronting property connect to said extension, the City will collect
the frontage fees and reimburse the developer only within said ten
(10) year period.
TABLE I
FINANCING INSTALLATION COSTS FOR PUBLIC SERVICE FACILITIES
,
All acreages used in computation of fees shall be gross acreage of
development.
ITEM
FACILITY
DEVELOPER
CITY
(a) Residential
(1)
Easements and
Rights of Way
"on-site"
100%
0%
(2)
Easements of
Rights of Way
"on-site"
By Agreement
(3)
Water Utility
Improvements
"on-site"
100%
8" Min. Size
0%
RESOLUTION NO. 80-58
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ITEM
(4)
(5)
(6)
(7)
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FACILITY
DEVELOPER
CITY
Area Water Charge
"o;tf'site"
$1,457.00 per acre all
additional
i. These rates shall apply to the first
10,000 square feet of a single family residential
lot, with rates for the area in excess of 10,000
square feet to be computed and paid at one-quarter
of said rates as they now exist or may hereafter
be amended, upon request of the developer.
~~. For that portion of a lot in excess of
two acres, a scenic easement may be established,
upon approval of the city engineer, within which
no construction or changes to native landscaping
shall occur. No "off-site" area fees shall be
charged for the area covered by such a scenic
easement unless and until development or land-
scaping, whether authorized or unauthorized, takes
place.
iii. Water service for any lot given the re-
duced rate for Area Water Charge "off-site" shall
be limited to a one inch meter.
iv. Upon installation of a water meter larger
than one inch, or upon landscaping or development
of a scenic easement, the balance of fees for the
entire lot area shall become due and payable at
the regular rates then in effect.
v. Should any such lot be split for further
development, the "off-site" area fees for the new
undeveloped lot or lots shall be computed and paid
at the rates then in effect.
Sanitary Sewer
Improvements
"on-site"
100%
8" Min. Size
0%
Sanitary Sewer
Improvements
"off-site"
$550. per single family
residence
$1,000. per duplex
$1,275. per triplex
$380. per unit for
apartment buildings
with 4 or more units
$550. plus $320. per
space for mobile home
:parks
~550. plus $230. per
rental unit for motels
and hotels
all
additional
Storm Drainage
Improvements
"on-site"
100%
18" Min. Size Mains
0%
RESOLUTION NO. 80-58
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ITEH
FACILITY
(8)
Storm Drainage
Improvements
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DEVELOPER
CITY
Zone "A" $868./acre
Zone "A-l" $3,000/
acre
Zone "B" $624./acre
Zone "c" $759./acre
Zone "n" $720. / acre
Zone "E" $547./acre
Areas not within a zone
shall pay the same fee
as the nearest zone.
all
additional
i. These rates shall apply to the first
10,000 square feet of a single family residential
lot, with rates for the area in excess of 10,000
square feet to be computed and paid at one-quarter
of said rates as they now exist or may hereafter
be amended, upon request of the developer.
~~. Should any such lot be split for further
development, the "off-site" area fees for the new
undeveloped lot or lots shall be computed and paid
at the rates then in effect.
(9)
Engineering Fees
(P lan check
and inspection)
(10)
Street Trees
(11)
Construction
Water (dust con-
trol and earth-
work)
Shall be 4% based
upon cost of public
improvements not in-
cluding staking and
testing costs.
Fee equal to City's
annually awarded con-
tract cost plus 15%
for administration
and inspection.
0%
Plant
Trees
$0.30/Lin. Ft. of full
street plus $11.30/acre
(1)
(b) Commercial, Industrial, and Institutional
Easements and
Rights of Way
"on-site"
(2)
Easements of
Rights of Way
"off-site"
(3)
Water Utility
Improvements
"on-site"
(4)
100%
0%
By Agreement
100%
10" Min. Size
Area Water Charge $1,372. per acre
"off-site"
all
additional
RESOLUTION NO. 80-58
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ITEM
FACILITY
(5)
Sanitary Sewer
Improvements
"on-site"
(6)
Sanitary Sewer
Improvements
"off-site"
(7)
Storm Drainage
Improvements
"on-site"
(8)
Storm Drainage
Improvements
"off-site"
(9)
Engineering Fees
(Plan Check and
Inspection)
(10)
Street Trees
(11)
Construction
Water (dust con-
trol and earth-
work)
SECTION 3: SPECIAL CONDITIONS:
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DEVELOPER
CITY
100%
10" Min. Size
0%
$230. per 100 gal./day all
of anticipated flow additional
or $550., whichever
is greater
100% 0%
18" Min. Size Mains
Zone "A" $868./acre all
Zone "A-l" $3,000./ additional
acre
Zone "B" i624Q/acre
Zone "c" 759./acre
Zone "D" 720./acre
Zone "E" $547./acre
Areas not within a zone shall
pay the same fee as the nearest
zoneQ
Shall be 4% based upon 0%
cost of public improve-
ments not including
staking and testing
costsQ
Fee equal to City's Plant
annually awarded con- Trees
tract cost plus 15%
for administration
and inspection.
$OQ30/Lin. Ft. of full
street plus $11Q30/acre
\~enever special conditions are encountered in the
development of property which are not covered under terms of this
resolution, the cost disposition of same shall be stipulated and
included within the development agreement entered into between the
City and developer.
SECTION 4: DEDICATIONS, EASEMENTS AND RIGHTS OF WAY, "ON-SITE":
The developer shall grant without cost to the City all
required dedications, easements and rights-of-way necessary for the
installation of streets, utilities and public service facilities.
RESOLUTION NO. 80-58
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SECTION 5: EASEMENTS, "OFF-SITE":
"Off-site" easements and rights-of-way to extend
City facilities to the developers property shall be by agreement
between the City and the developer as to cost and acquisition.
SECTION 6: WATER UTILITY IMPROVEMENTS:
On-site water lines necessary to serve the property
shall be installed by the property developer at no cost to the
City. Minimum sizes of lines necessary shall be determined by
the City of Gilroy. The developer shall also pay to the City,
to provide area circulation, adequate volume and fire capacity
the sum of $1,457. per acre for residential development and
$1,372. per acre for commercial, industrial or institutional
development. The per acre charge shall be calculated on the total
acreage of the development or subdivision.
SECTION 7: SANITARY SEWERS AND STORM DRAINS:
On-site sanitary sewers and storm drains necessary to
serve the property shall be installed by the property developer
at no cost to the City. Minimum sizes of lines necessary shall
be determined by the City of Gilroy.
The developer shall also pay to the City for off-site
trunk lines and general plant facilities required for disposal of
sanitary sewage the sum of $550. per residential lot; or $1,000. per
duplex; or $1,275. per triplex; or $380. per unit for apartment build-
ings with four or more units, or $550. plus $320. per space for mobile
home parks; or $550. plus $230. per rental unit for motels and hotels;
or $230. per 100 gallons per day of anticipated flow, as determined
by the Director of Public Works, or $550., whichever is greater for
commercial, industrial and institutional developments.
The developer shall also pay to the City a fee for off-
site storm drain trunk lines, channels and drainage structures re-
quired for the disposal of storm water drainage. The map entitled
RESOLUTION NO. 80-58
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"Exhibit A" and attached to Resolution 76-41 delineates the drainage
zones. The fee for each respective drainage zone shall be: Zone
"A" $868. per acre; Zone "AI" $3,000. per acre; Zone "B" $624. per
acre; Zone "c" $759. per acre; Zone "D" $720. per acre; and Zone
liE" $547. per acre of developed property. The per acre charge
shall be calculated on the total acreage of the development or sub-
division. Areas not within a zone as defined on "Exhibit A" of
Resolution 76-41 shall pay the same fee as the nearest zone.
The design of all water utilities, sanitary sewers and
storm drains shall be approved by the City Engineer.
SECTION 8: FRONTAGE IMPROVEMENT CHARGES:
Whenever existing facilities, utilities or other public
works improvements have been installed without cost to a property,
such property owner must pay to the City the following schedule of
frontage charges before any service connection is made. In certain
cases, the property owner may install said facilities upon receipt
of prior approval from the Department of Public Works.
The following table is a guide of minimum charges for
payment for existing facilities and/or future installation as
determined by the Director of Public Works.
(a)
(b)
(c)
'(d)
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(e)
(f)
(g)
TABLE II
FRONTAGE COSTS
Street Improvements (3"AC on 8" AB) $0.95/Sq.Ft.
Required to Centerline (3"AC on 12" AB) $1.15/Sq.Ft.
Street Curbing $6.00 per front foot
Sidewalk Improvements $2.00 per square foot
Water mains--per front foot cost per front foot--6" $10.00;
8" $7.88; 10" $16.00
Sanitary sewers front foot cost per front foot--6" $7.00;
8" $8.00; 10" $9.00
Storm drains - 18" size $14.00 per front foot
Fire Hydrants - $1.75 per front foot
RESOLUTION NO. 80-58
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(h) Electroliers - $3.50 per front foot
(i) Pole Mount Electroliers - $1.18 per front foot
(j) Electrolier Conduit - $3.00 per Lin. Ft. conduit
service area of property*
*If empty conduit is installed by developer of one side
of street for future benefit and use by both sides, the
$3.00 fee may be waived in exchange for the installation
of wire by developer of second side.
Whenever any or all of these "Utility" improvements can
serve only the property on one side of a side of a street, such as
a frontage road or major street with the same utilities on both
sides of the street, then such property owners shall pay at the
rate of double the above-stated amounts for such improvements.
SECTION 9: RECREATION FEE:
The recreation fee for the Capital Outlay Recreation
Fund shall be $400. for the first bedroom plus $100 for each addi-
tional bedroom per dwelling unit, except that the fee for mobile
homes shall be $250. per space.
SECTION 10:
The developer shall submit corrected originals of
improvement plans and tract map, signed agreement and all necessary
easements, deed, bonds, insurance certificates and fees,prior to
Council consideration of the maps and agreement.
(a) BONDS
The developer shall furnish two (2) good and
sufficient bonds, each of which shall be executed in
the amount of the value of all public improvements to be
constructed. One of the bonds shall guarantee faithful
performance of work. The other said bond shall secure
paYment to the contractor, his subcontractors and to per-
sons renting equipment or furnishing labor or materials
to them for the improvement hereunder, and as provided
for in Sections 66499 et.seq. of the Government Code of
the State of California, the Codes, Ordinances, Resolutions
and Regulations of the City, and the agreement.
The faithful performance bond hereinabove
provided for shall remain in full force and effect for a
period of one (1) year after the completion and acceptance
of said work to guarantee the repair and replacement of
defective material and faulty workmanship discovered within
one (1) year of the date of acceptance by the City.
RESOLUTION NO. 80-58
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In lieu of said faithful performance bond for
maintenance, the Contractor may furnish a maintenance
bond in the amount of 10% of the total contract price
with a minimum amount of $5,000. to cover the one (1)
year maintenance period.
(b) PUBLIC LIABILITY INSURANCE AND PROPERTY DAMAGE INSURANCE:
The developer shall furnish to the City satisfactory
proof that he has taken out for the period covered by the
proposed contract, public liability insurance and property
damage insurance with an insurance carrier satisfactory to
the City under forms satisfactory to the City, to protect
the Contractor and the City against any loss from liability
imposed by law for damages, (1) on account of bodily injuries,
including death resulting therefrom, accidentally suffered
by any person or persons not employed by the Contractor, that
may be caused directly or indirectly by the performance of
the contract, and (2) on account of injury to or destruction
of property, including the resultant loss of use thereof,
resulting from any act of commission or omission by the
Contractor, or otherwise resulting directly or indirectly
from the Contractor's operations in the performance of the
contract.
Said public liability insurance and property damage
insurance shall be maintained by the Contractor in full
force and effect during the entire period of performance
of the contract. Said public liability insurance shall
be in the amounts of not less than $100,000.00 for one
~erson injured in one accident, and not less than
~300,OOO.00 for more than one person injured in one acci-
dent, and said property damage insurance shall be in the
amount of not less tIlan $100,000.00 for anyone accident.
The Contractor shall also file with the Director of
Public Works a certificate evidencing that the City and
its officers, agents and employees are included as assured
in relation to said project.
SECTION 11: POLICY CHANGES:
The City reserves the right to revise, amend or change
any of the policies contained herein as deemed necessary and equitable
by the City Council. All existing City policies and Resolutions in
conflict herewith, including Resolutions Nos. 76-41, 76-47, 77-78
and 78-14 are hereby rescinded.
RESOLUTION NO. 80-58
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SECTION 12: EFFECTIVE DATE:
This Resolution shall be and is hereby declared to
be in full force and effect on the 1st day of July, 1980.
PASSED AND ADOPTED by the City Council of the City
of Gilroy this 16th day of June, 1980, by the following vote:
AYES:
COUNCILMEMBERS: ALBERT, HUGI.IAN, PATE and
GOODRICH
COUNCILMEMBERS: CUNNINGHAM, LINK and TAYLOR
COUNCILMEMBERS: NONE.
NOE S :
ABSENT:
APPROVED:
Mayor
RESOLUTION NO. 80-58
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1, S\lSAJ~NE E. STEINtl!:Tl, City Clerk of tneCity of GilJ'oy,
do her~l.ty c~l-tify that the dtluchcJ Reuolution No. 80-58 1.....
original re:jolution, July ~U.l()ptdd by tho Cow\ctl of the City ot
Gil roy nt .) n~t'.ul at" Ulce t. inl"> 0 f B4id Counc 11 held on ello ~6th
day of June , lc)~. af \ihich pe~ting . quol"Ull W..
prctjent.
IU WITNl:;SS ~Jltt::tu::O"', 1 have hereWlto .et my hand .nd atti...d
t.he Offi<.:ial ~cal of the City of Gilroy, thl" 18th day ot
July , il) 80 .
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