Resolution 1976-41
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PESOLUTION NO. 76-41
A RESDLUTION OF THE cOtmcIL OF THE CITY OF GILROY ESTAB-
LISHING STANDARDS FOR THE SUBDIVISION OR DEVELOPl'-1E1\lT OF
PROPERTY: DEFINING MINIMUM TYPE fu~D QUALITY OF THE PUBLIC
SERVICE FACILITIES PEQUIRED.
INTENT AND PURPOSE
WHEREAS, it is deemed necessary and essential to 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 installa-
tions;
4. Protect the living standards, public safety and common
welfare of the general public.
THE CITY COUNCIL OF THE CITY OF GILROY DOES RESOLVE AS
FOLLOWS:
SECTION 1: PUBLIC WORKS EXTENSION COSTS:
Developers of residential, commercial, industrial or institu-
tiona1 properties will be required to furnish bond to guarantee the
installation and payment for extending and constructing prescribed
public works improvements and facilities at the time of acceptance
of the Final subdivision map or issuance of all building 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 subdivision)
and the off-site sanitary fees and recreation fees may be paid at
the time of issuance of the building permit applications or 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
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RESOLUTION NO. 76-41
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No. II, as applicable. A standard development agreement shall be
required unless deemed unnecessary by the Director of Public Works.
SECTION 2: OVERSIZE AND EXTENSION OF UTILITIES:
The developer will be required to bear the ful1 cost of any
increase in the size of any public service facility to the extent
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 '.Jay
"off-site"
By Agreement
Sanitary Sewer
Improvements
"on-site"
100%
8" Min. Size
$1,006. per acre
100%
8" Min. Size
0%
(3)
Water Utility Im-
provemen t s "on-
site"
(4)
Area Water Charge
"off-site"
all
additional
(5)
0'"
10
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$16. each (quantity to be
determined by City)
Construction $0.15 /Lin. Ft. of full
Water (dust con- street plus $5.65 /acre
tro1 and earthwork) -
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ITEM
FACILITY
(a) Residential continued:
(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)
.
DEVELOPER
CITY
$550. per single family
residence
$1,000. per duplex all
$1,275. per triplex additional
$380. per unit for apart-
ment buildings with 4
or more units
$550. plus $320. per space
for mobile home parks
$550. plus $230. ner rental
unit for motels ~nd hotels
100%
18" Hin. Size Mains
0%
Zone "A" $868. /acre
Zone "B" $62L~. /acre
Zone "c" $759. /acre
Zone "D" $ 7 20. / acre
Zone "E" $5L~ 7. / acre
Areas not within a zone
shall pay the same fee as
the nearest zone.
all
additional
Shall be 4% based upon 0%
cost of public improve-
ments not including staking
and testing costs
Plant
Trees
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(b) Commercial, Industrial, and Institutional
( 1)
Easements and
Rights of Way
"on-site"
(2)
Easements of
Rights of Hay
"off-site"
(3)
Water Utility
Improvements
"on-site"
100%
0%
By Agreement
100%
10" Min. Size
(4)
Area Water Charge $1,006. per acre
"off-site"
all
additional
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ITEM
FACILITY
(b) Commercial, etc. continued:
(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
e
DEVELOPER
CITY
100%
10" Hin. Size
0%
$230. per 100 ga1.fday
of anticipated flow
or $550., whichever
is greater
all
additional
100%
18" Min. Size Mains
0%
Zone "A" $868. facre
Zone "B" $624. facre
Zone "e" $759. facre
Zone "D" $720. facre
Zone "Ell $547. facre
Areas not within a zone
shall pay the same fee
as the nearest zone.
all
additional
Shall be 4% based upon
cost of public improve-
ments not including
staking and testing costs
0%
$16. each (quantity to
be determined by City)
Plant
Trees
(11) Construction $0.15 fLin. Ft. of
Water (dust con- full street plus $5.65 facre
tro1 and earthwork)
SECTION 3: SPECIAL CONDITIONS:
Whenever 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 insta11a-
tion of streets, utilities and public service facilities.
SECTION 5: EASEMENTS, "OFF-SITE":
"Off-site" easements and rights-of-way to extend City facilities
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to the developers property shall be by agreement between the City
and the developer as to cost and acquisition.
SECTION 6: WATER UTILITY IMPROVE1lliNTS:
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 $1,006. per acre. 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 buildings 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, indus-
trial and institutional developments.
The developer shall also pay to the City a fee for off-site storm
drain trunk lines, channels and drainage structures required for the
disposal of storm water drainage. The map entitled "Exhibit A" and
attached to this Resolution delineates the drainage zones. The fee
for each respective drainage zone shall be: Zone "A" $868. per acre;
Zone "B" $624. per acre; Zone "c" $759. per acre; Zone liD" $720. per
acre; and Zone "E" $547. per acre of developed property. The per
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acre charge shall be calculated on the total acreage of the development
or subdivision. Areas not within a zone as defined on the attached
"Exhibit A" 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 IMPROVEt.ffiNT CHARGES:
Whenever existing facilities, utilities or other public works im-
provements 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.
TABLE II
FRONTAGE COSTS
(b)
(c)
(d)
Street Improvements (3"AC on 8" AB) $0.64 /Sq.Ft.
Required to Centerline ( 3" AC on 12"AB) $0.80 /Sq.Ft.
Street Curbing $4.56 per front foot
Sidewalk Improvements $1.07 per square foot
Water mains--per front foot cost per front foot--6" $5.63;
8" $6.4.4; 10" $7.78
Sanitary sewers front foot cost per front foot--6" $4.56;
8" $5.09; 10" $5.63
(a)
( e)
(f) Storm drains - 18n size $5.90 per front foot
(g) Fire Hydrants - $1.34 per front foot
(h) E1ectro1iers - $2.20 per front foot
(i) E1ectro1ier Conduit - $2.20 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
$2.20 fee may be waived in exchange for the installation
of wire by developer of second side.
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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 shall be based on $80. for the first bedroom
plus $54. for each additional bedroom, except that the fee for mobile
homes shall be $134. 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 consi-
deration 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 persons renting equipment or furnish-
ing labor or materials to them for the improvement hereunder,
and as provided for in Section 11612 of the Business and Pro-
fessions Code of the State of California, the Codes, Ordinances,
Resolutions and Regulations of the City, and this 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.
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
$5,000.00 to cover the one (1) year maintenance period.
(b) PUBLIC LIABILITY INSURANCE A..ND 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 insur-
ance 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 direc-
tly or indirectly by the performance of the contract, and (2) on
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account of injury to or destruction of property, including the
resultant loss of use thereof, resulting from any act of com-
mission 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 in-
surance 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 person injured in one accident,
and not less than $300,000.00 for more than one person injured
in one accident, and said property damage insurance shall be
in the amount of not less than $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
proj ect.
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 Resolution No. 75-4~ are hereby rescinded.
SECTION 12: EFFECTIVE DATE:
This Resolution shall be and is hereby declared to be in full
force and effect on the 1st day of September, 1976.
PASSED AND ADOPTED by the City Council of the City of Gilroy
this 2nd day of August, 1976, by the following vote:
NOES:
ABSENT:
COUNCIL ~lliMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE,
STOUT and GOODRICH.
COUNCIL HEMBERS: None
AYES:
COUNCIL 11EMBERS: None
APPROVED:
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ATTEST:
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S lWE'5T AREI\ "1\'
/ A-c-, $ 8 68. 111tt4
^-:::. $868.
~; $624.
C ;:'$ 7 59 .
<E> ~720.
e ~54 7.
ClTY OF GILROY
Bt~! E tIT ~REf\
RESOLUTION NO 76-41
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I, SUSANNE E. STEIN~mTZ, City Clerk of the City of Gilroy,
do hereby certify that the attached Resolution No. 76-41
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 2nd
day of
August
, 19...l&.., at which meeting a quorum was
present.
IN WITNESS t-JHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Gilroy, this 6th
August , 19~.
day of
/ the City of G'