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Resolution 1976-41 ~ -= - ~ , ' .. . e '. , . ~ ~ ~ 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 -1- RESOLUTION NO. 76-41 . , l . . . 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 -2- $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) - . . . . e 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 -0- (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 -3- . . ::' . e 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 -4- e e 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 -5- e e ", 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. -6- . ~ e e '. 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 -7- ! . . .... e e 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: -"/< ~'-i' ).. ///"} .' /' . . '. /1 ... . / /;;/~ . f Mayor ATTEST: / /~ dlz:;:::J /. -8- ~. e. --- ....- ... .... 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 . t-Jo ~c.A..t. € e "" EXHIBIT IIA" C tI\ " ; " o ..... 1 i j . : =,'.N '. t ^ ~ T. _.. ~ R r:. All, .. '" / ",';'~:-' ,.... -7' " - . . , ~ 0 ~ . ~ .,. ~. .. . . ~ ~ OR/6/NAL. ~.~ ~ ~: L - -qUA/). "" ~'" . '" QI/" I .... ! ! .~ t..: "'. 11\ .~ ~ ~ ~ f J ,. . ..~ ." /' 'I I i l ~ - _.' ... vII.Mi\N Ri to. "" ~ --- !of :~i' ~. \ .... If' '"' ~ a , ... ! \' ,,\. ~ ': . I. '. " etlot.. ~ S 't.I\~ 1 -'AR.~I\'l '2 . -/~c 9+1-. ,...,., I. 10 ..."" ! I 9-fh. II /, ~ ; t r .,. . I , I I r l.. k1.A " ~ , "' ~ ~ . '-J - .~ .. .,....-. ... .. '" .. ... ..... . e e - ~ . -f: " '''t,,~ "'. .... 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'