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
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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.
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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.
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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:
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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/