Resolution 1975-43
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RESOLUTION NO. 75-43
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ESTABLISHING STANDARDS FOR Tfffi SUBDIVISION OR DEVELOPMENT
OF PROPERTY: DEFINING MINIMUM TYPE ~ND QUALITY OF THE
PUBLIC SERVICE FACILITIES REQUIRED.
INTENT A1~ 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 installations;
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 institutional
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 t~e of acceptance of the Final
subdivision map or is~uance 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
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shall be shared between the developer and the City according to Table
No. 1 attached hereto. as applied and further defined :Ln -:he stipuJ.8,tions
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RESOLUTION NO. 75-43
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contained herein, or in Table 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 full 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 oversiz.e 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 1.
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
"off-site"
By Agreement
(3)
Water Utility Im-
provements "on-
site"
100%
8" Min. Size
0%
(4)
Area Water Charge
"off-site"
$938. per acre
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additional
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RESOLUTION NO. 75-43
Construction
Water (dust
control and
earthwork)
(b) Commercial, Industrial, and Institutional
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ITEM
FACILITY
(a) Residential continued
(5)
Sanita.ry Sewer
Improvements
"on-sitetl
(6)
Sanitary Sewer
Improvements
"off-sitelt
(7)
Storm Drainage
Improvements
"on-site"
(8)
Storm Drainage
Improvements
tloff-sitetl
(9)
Engineering Fees
(Plan check
and inspection)
(10)
Street Trees
(11)
(1)
Easements and
Rights of Way
"on-site)
(2)
Easements of
Rights of VJay
tloff-site"
(3)
Water Utility
Improvements
tlon-site"
RESOLUTION NO. 75-43
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DEVELOPER
CITY
100%
8" Min. Size
0%
$550 per single family
residence
$1000 per duplex all
$1275 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 S230 per rental
unit for motels and hotels
100%
18" Min. Size Mains
0%
Zone "A" $8l0./acre
Zone "B" $582./acre
Zone "c" 170S./acre
Zone "D" 672./acre
Zone "E" 5l0./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
$15 each (quantity to be
determined by City)
SO.14 /Lin. Ft. of full
street plus $S.27/acre
Plant
Trees
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100~~
0%
By Agreement
100%
10" Min. Size
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(b) Commercial, etc. continued
ITEH
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
FACILITY
Area Water
Charge "off-
sitea ,
Sanitary Sewer
Improvements
"on-site"
Sanitary Sewer
Improvements
"off-sitefl
Storm Drainage
Improvements
"on-site"
Storm Drainage
Improvements
"off-site"
Engineering Fees
(Plan check and
inspection)
Street Trees
Construction
Water (dust
control and
earthwork)
SECTION 3: SPECIAL CONDITIONS:
DEVELOPER
$938. per acre
100%
10" Min. Size
$230. per 100 gal/day
of anticipated flow
or $550.,whichever
is greater
100%
18" Min. Size Mains
Zone "A" $810./acre
Zone "B" i582./acre
Zone "c" 70B./acre
Zone "D" 672./acre
Zone "E" ',>510. / acre
Areas not within a zone
shall pay the same fee
as the nearest zone.
Shall be 4% based upon
cost of public improve-
ments not including
staking and testing
costs
$15 each (quantity to
be determined by City)
$0,14 jLin. Ft. of
full street plus $5.27/
acre
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CITY
all
additional
0%
all
additional
0%
all
additional
0%
Plant
Trees
~f:henever special conditionR 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 inoluded within the
development agreement entered into between the City and developer.
RESOLUTION NO. 75-43
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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.
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 $938. per acre. The
per acre charge shall be calculated on the total acreage of the
development or subdivision.
SECTION 7: SANITARY SEWERS A....f\m 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. rfinimum 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 $1000 per duplex; or $1275
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
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day of anticipated flow) as determined by the Director of Public Works)
or $550) whichever is greater for commercial. industrial and insti-
tutional developments.
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RESOLUTION NO. 75-43
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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" $810
per acre; Zone "B" $582 per acre; Zone "e" $708 per acre; Zone "D"
$672 per acre; and Zone "E" $510 per acre of developed property. The
per 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 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.
TABLE II
FRONTAGE C0STS
(a)
Street Improvements
Required to Centerline
(b)
(c)
Street Curbing
(3"AC on 8"AB) $0. 60/Sq. Ft.
(3"AC on 12"AB) $.75/Sq. Ft.
$4.25 per front foot
$1.00 per square foot
Sidewalk Improvements
(d) Water mains--~er front foot cost per front foot--6" $5.25;
8" $6.00; 10 I $7.25
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RESOLUTION NO. 75-43
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(e) Sanitary sewers front foot cost per front foot--6" $4.25;
8" $4.75; 10" $5_25
(f) Storm. drains - 18" size $5..50 per front foot
(g) Fire Hydrants.. $1.25 per front foot
(h) Electroliers - $2.05 per front foot
(i) Electrolier Conduit - $2.05 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 $2.05 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 shall be based on $75. for the first bedroom
plus $50. for each additional bedroom. except that the fee for mobile
homes shall be $125 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 a~d to
persons renting equipment or furnishing labor or materials
to them for the improvement hereunder, and as provided for
in Section 11612 of the Business and Professions Code of
the State of California, the Codes, Ordinances, Resolutions
and Regulations of the City, and this agreement.
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RESOLUTION NO. 7 5 ~.1~3
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The faithful performance bond hereinabove provided
for shall r~ain 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 AND PROPERTY DAMANGE 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 108s 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 other-
wise 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 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 project.
SECTION 11: POLICY CHA~GES:
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 1580. are hereby rescinded.
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RESOLUTION NO. 75-43
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SECTION 12:
This Resolution shall be and is hereby declared to be in full
force and effect from and after its adoption and approval.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this 6th day of October, 1975, by the following vote:
AYES: COUNCILMEMBERS: DeBELL, DUFFIN, LINK, PATE and
GOODRICH
NOES: COUNCILMEMBERS: STOUT
ABSENT: COUNCILMIl1BERS: CHILDERS
APPROVED:
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ATTEST:
/6:L(~&_~
~ Ci'ty Clerk
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RESOLUTION NO. 75-43
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy~ do
hereby certify that the attached Resolution No.
75-43 is an original
regular meeting of said Council held on the 6th
resolution, duly adopted by the Council of the City of Gilroy at a
day of October
, 1972--, at which meeting a quorum was present.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 8th day of October
, 19~.
/efL(~t ~
ft1tyClerk.- of the City of Gi I roy if