Resolution 743
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RESOLUTION NO. 743
A RESOLUTION ESTABLISHING STANDARDS FOR THE SUBDIVISION OR DEVELOPMENT
OF PROPERTY: DEFINING MINIMUM TYPE AND QUALITY OF THE PUBLIC SERVICE
FACILITIES REQUIRED.
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 service 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-
t ions;
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 the prescribed public works improvements and
facilities at the time of acceptance of the Final subdivision map. 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
and the off-site sanitary fees may be paid at the time of building permit
applications. The charges shall be shared between the developer and the
City according to Table No. J attached hereto, as applied and further
defined in the stipulations contained herein, or in Table No. II, as
appl iCable.
SECTION 2: "ON-SITE" SYSTEM COSTS:
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.
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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 in the agreements and
commitments entered into between the City and the developer.
SECTION 4: DEDICATIONS, EASEMENTS AND RIGHTS OF WAY, "0N-S ITE":
The developer shall grant without cost to the City all required dedica-'
tions, easements and rights-of-way necessary for the installation of streets,
utilities and public service facilities.
SECTION 5: EASEMENTS, 1I0FF-SITE":
The City shall be responsible for all lIoff-site" easements and rights-of
way to extend City facilities to the developers property.
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 $231 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. Mtnlmum
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
$105 per lot or $50 per dwelling unit, whichever is greater for Residential, or
$0.015 per square foot of Building area for Commercial, or $0.02 per square
foot of building area for Industrial and Institutional.
The developer shall also pay to the City for the disposal of storm water
drainage the amount scheduled for the respective drainage zone in which the
property exists. Zone "A" $434.00 per acre, of developed property; Zorle "BII
$313.19 per acre of developed property; Zone "C" $380.70 per acre of developed
property; Zone 110" $360.34 per acre of developed property. The per acre
charge shall be calculated on the total acreage of the development or sub-
division.
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 either the following schedule of frontage charges or one-half of
the cost of the minimum facilities when the development of such property occurs
and before any service connection is made to such facilities by such property:
The following table is a guide of minimum charges only.
TABLE II
FRONTAGE COSTS
(a) Street Improvements
(b) Street Curbing
(c) Sidewalk Improvements
(d) Water mains - 611 size
(e) Sanitary sewers - 6" size
(f) Storm drains - 1211 size
$6.00 per front foot
$1.7S per front foot
$0.45 per square foot
$2.50 per front foot
$2.00 per front foot
$3.00 per front foot
In certain cases, the property owner may install said facilities upon
receipt of prior approval by the Department of Public Works.
Whenever any or all of these "Uti I ityll improvements can serve only the
property on one side of a street. then such property owners shall pay at the
rate of double the above stated amounts for such improvements.
SECTION 9: COST CLEARANCE CERTIFICATION:
Before any building permit shall be issued on any intervening properties
benefited by previously Installed utilities and Public Works facilities, a
certificate shall be obtained from the Department of Public Works showing the
amount of liability said property has for such facilities.
SECTION 10: 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 in conflIct herewith are hereby recinded.
SECTION 11:
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
18th
day of
March
, 1963, by the following vote:
AYES:
COUNCIL MEMBERS: Duffin,Eckard,Jordan,Quartiroli,Wentworth and
Peterseno
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Goodrich
APPROVED:
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. ~.,// V~f;~
MAYOR
ATTEST:
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" . ) 7 (.-j('{ ;In<..,/ (/'70-
CITY CLERK
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POLICY FOR REIMBURSEMENT OF A PORTION OF
COSTS TO SUBDIVIDERS AND/OR LAND DEVELOPERS
FOR THE INSTALLATION OF FACILITIES WHICH
BENEFITS ADJACENT PROPERTY.
Water Mains and Sewer Mains
Whenever water mains and appurtenances including fire hydrants,
if any, and/or sewer mains are installed by a subdivider or land
developer along a street, alley, easement or right of way and within
ten years adjacent property develops in such a manner as to make use
of these mains as an on-site facility and service connections are
made directly to said sewer or water mains, the installing subdivider
or developer shall be reimbursed by the Citf of Gilroy in an amount
not to exceed one half of the cost of these facilities.
The reimbursement shall not exceed the front foot charges
for service connections, if any are made, collected by the City from
the developers of the adjacent property.
The front foot charges shall be based upon the nTable of
Frontage Improvement ChargesiV for service connections set forth in
Resolution 743 establishing standards for the subdivision and
development of property, as the same now exists or may hereafter be
amended.
Perimeter Streets
Whenever a portion of a perimeter street is constructed by a
subdivider or land developer to a width greater than one half the
required width of said perimeter street and within ten years after
acceptance by the City of the constructed portion of said street for
maintenance adjacent property develops, the adjacent property devel-
oper shall pay the City and the City shall reimburse the installing
developer his costs for that portion of the perimeter street which
exceeds one half of the required width.
The maximum width of a street required to be constructed at
the cost of land developers shall be 86 feet in a commercial or
industrial area and 75 feet in a residential area.
General Conditions Governing Reimbursement
Reimbursement made to the subdivider or developer who
installed or constructed the afore mentioned facilities, whether
based on costs or on front foot charges collected from the adjacent
property developer, shall be made without interest.
Front foot charges collected or costs recovered after ten
years from the date of acceptance of the afore mentioned improvements
or facilities shall revert to the City.
The City and the subdivider and/or developer who installed or
constructed the afore mentioned facilities which may benefit adjacent
property may enter into an agreement covering reimbursement for
their installation or construction according to the terms and condi-
tions set fotth in this policy for reimbursement.
t I
In lieu of an agreement for reimbursement of amounts collected
on the basis of costs or front fdot charges of the afore mentioned
facilities which may benefit adjacent property, the installing sub-
divider or developer and the Council, at the time the facilities
are accepted by the City for maintenance, may agree on immediate
payment by the City to the installing subdivider or developer of a
sum less than the amounts that might be collected from the developers
of the adjacent property.
Adopted by Resolution No. ~ on the ~ day of April, 1963.
I, SUSANNE E. PAYNE , City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 743
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
18th day of March, 19~, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 20th day
of March , 19 63.
".