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Resolution 901 RESOLUT ION NO. 901 A RESOLUTION tSTABLISHING AND DECLARING POLICY OF THE CITY OF GILROY AS TO THE ACQUIREMENT OF PUBLIC RIGHTS OF WAYS AND RESPONSIBILITY FOR IMPROVING PUBLIC STREETS. WHEREAS, the City of Gilroy is in the midst of a steady expansion created by the annexation of territory and its growth is expected to accelerate by those who have given the subject serious thought; and, WHEREAS, in order to meet the problems which will arise by reason of the development of the area surrounding the City, the Council has adopted a General or Master Plan for the City of Gilroy in the large areas about the said City which includes a traffic ciroulation element. WHEREAS, wise planning requires that the location of such avenues of travel be detenmined before the absolute need for them arises, so that the rights of ways may be acquired in an orderly over all scheme which encompasses not only the entIre territory which it is possible to foresee, will be included in the expanded City and suburban sectIon thereabout but also Includes connections with highways of the future; and, WHEREAS, the public good requires that the municipality be enabled to locate saId streets and highways of travel which it is to contemplate may be required for the future without the necessity of immediately purchasing the same or pay for improvements which may hereafter be placed upon contemolated rights of way after routes have been selected, and the only means of accomplishing this is the establishment of Official Plan Lines which will be known through all the world, the location of such future streets and/or highways; and, WHEREAS, the City's intention regarding the establishment of said streets and highways requires that the Council determine and set forth so that all the public will know, the policy to be followed by the City concerning the acquirement of the rights of way for such streets and highways and _ther matters creating thereto, hereinafter set forth. NOW THEREFORE BE IT RESOLVED, and it is hereby ordered that the following is a declaration of policy to be followed by the City of Gilroy for the future requirement of rights of ways and easements for public purposes and other factors relating thereto to wit. 1. Prior to the issuance of a buIlding permit for any new construction or approval of a Final Subdivision Map, all dedications required by the City 6jr public rights of ways shall be provIded for by .1- CIA} / Agreement or shall be shown as a dedication on the face of the Final Subdivision Map. In any case where an extenuating hardship would occur to the property owner as a result of such dedication, this situation shall be reviewed by City Staff and a recommendation of the final disposition of the matter shall be made to the City Council. However, in no event will a permit or a final Subdivision Map be approved until final disposition of the matter of required public rights of ways Is made. 2. That the following maximum standards for street right of way widths are hereby established. Residential streets - 75 foot maximum width. Commercial and Industrial Streets.. 86 foot maximum width. All Improvements of street areas up to these maximum widths shall be provided at the sole cost of developers, builders or land owners. Any pavement In excess of these maximum widths requ('red by Ci ty shall be provided at the sole cost to City, however, the total rIght of way width, regardless of its being in excess of these maxImum widths whall be provided by developers, builders or landowners. Hhere development occurs adjacent to a street or highway previously constructed at the sole cost of the City, State or County, properties developing adjacent thereto shall be responsible for full street improvements up to a maximum width of 66 feet of pavement, or portions thereof to be determined by City. plus curbs, gutters and sIdewalks. Any pavement required In excess of 66 feet shall be furnished by City. Properties developing adjacent to only ene side of any public street requIred by City shall be responsible for only one half the above maximum, requl rements. 3. Any developer of an industrial property or subdivision requesting a waiver of sidewalk improvements along streets adJacen t to such development shall submit his proposed building plans to the Planning Commission with a request for such waiver. The criteria to be established in regard to such waivers, shall be based, primarily, upon the fact as to whether or not it is the type of development that would require the interchange of pedestrian traffic with adJa- cent uses in the general nelgh~rhood. However, In the event that the sidewalk requirement is waived, sufficient pedestrian sidewalk milling area shall be provided for pedestrians alighting from motor vehicles adjacent to such industrial developments. ..2. 4. All streets accepted by the City, subsequent to construction shall be maintained at the cost of City over the nOMmal useful life of such streets. At the end of such useful life, to be determined by the City, the responsibility for reconstructing such streets shall be determined by the City. However, in no event will the City pro- vide for any reconstruction or replacement of street facilities in excess of those which existed at such time said street was accepted by the City or obtained by the public through prescriptive right. 5. Resolution No. 793 of the City of Gilroy entitled "Resolution Establishing and Declaring Polley as to the Acquirement of Right of Way for Uvas Parkway, is hereby fully reclnded. p aSS ~~ palSES AND ADOPTED this 15th day of March . 1965 by the following vote: AYES: COUNCILMEMBERS: Duffin,Goodrich,Jordan,Quartiroli ,Wentworth, and Petersen. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS. Eckard APPROVED: ATTEST: -3- . ... '7' ... ... .,.. . .... I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 901 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of March , 19--E2-' at which meeting a quorum was present. IN WITNESS WHEREOF, have hereunto set my hand and affixed the official seal of the City of Gilroy, this 16th day of . March .o'hf4amrd C ty Clerk of the CIty of/