Ordinance 602
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ORDINANCE NO. 602
AN ORDINANCE OF THE CITY OF GILROY PROVIDING LOCAL REGULATIONS FOR THE
SUBDIVISION OF LAND.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
DIV. A. pENERAL
Sec. 1.1 AUTHORITY FOR LOCAL REGULATIONS. Pursuant to the pro1Tisions
of Chapter 2, Part 2 of Division 4 of the Business and Professions Code
of the State of California, referred to herein as the Subdivision Map
Act, and pursuant to any other regulations provided by law, the regula-
tions hereinafter in this ordinance contained shall apply to all sub-
divisions hereafter made, of land wholly or partially within the City
of Gilroy and to the preparation of subdivision maps thereof and to
other maps provided for by the Subdivision Map Act; and each subdivi-
sion and each part thereof lying within the city of Gilroy shall be
made, and each such map shall be prepared ana presented for approval,
as hereinafter provided for and required.
Sec. 1.2 VALIDITY. If any section, sub-section, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or un-
constitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Gilroy hereby de-
clares that it would have passed this Ordinance and each section, sub-
section, sentence, clause end phrase thereof, irrespective of the fact
that any one of more other sections, sub-sections, clauses or phrases
be declared invalid or unconstitutional.
Seo. 1.3 BEF&.1ENCES. Whenever reference is made to any portion of
this ordinance or to any other ordinance of statute, such reference
applies to all amendments and additions now or hereafter made.
Sec. 1.4 MODIFICATIONS. Hhenever, in the opinion of' any officer or
department under whose particular jurisdiction any regulation contained
in this ordinance comes, the land involved in a subdivision is of such
size or shape, or is subject to such title limitations of record or is
affected by such topographical location or conditions, or is to be de-
voted to such usage, that it is impossible or impractical in the parti-
cular case for the subdivider to conform fully to such regulation, the
officer or department may recommend such modification thereof as, in
the opinion of the officer or department, is reasonably necessary or
expedient.
Provided, that in the case of each modification the officer or
department shall first find that a special, individual reason makes
the strict letter of the regulation impossible or'impractical of ob-
servance and that the modification is in conformity with the spirit
and purpose of the Subdivision Hap Act and of this ordinance; and
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Provided, further, that the officer or department recommending a
modification shall transmit to the Planning Commission his or its re-
port in writing setting forth each modification recommended by the of-
ficer or department and the facts relied upon by him or it for the re-
commendation of the modification.
The City Council may, upon recommendation b,y the Planning Commis-
sion, and/or in the exercise of its own judgment, approve such modifi-
cation; provided, however, that no modification may be made to any re-
quirement imposed by the Subdivision Map Act.
Sec. 1.5 RECORDATION OF ORDINANCE. A certified copy of this ordinance
and amendments thereto shall be filed in the office of the County Recorder.
Sec. 1.6 DEFINITIONS. For the purpose of this Ordinance the follow-
ing words and phrases are defined as follows:
"City" shall mean the City of Gilroy.
"Council" or "City Council" shall mean the City Council of the City of
Gilroy.
"Owner" shall mean the individual, firm, association, syndioate, co-
partnership, or corporation having suf'ficient proprietary interest in
the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under the Ordinance.
"Subdivider" shall mean the individual, firm, association, syndicate,
co-partnership, or corporation commencing proceedings under this Ordi-
nance to effect a subdivision of land hereunder for himself, or for
itself, or for another.
"Roadway" shall mean that portion of a right-of-way for a street or
alley intended to accommodate the movement of vehicles.
"Board of Supervisorsll shall mean the Board of Supervisors for the
County of Santa Clara.
nCity Engineer" shall mean the City Engineer of the City of Gilroy.
fl County Surv6yortl shall mean the County Surveyor of the County of Santa
Clara, and shall mean the County Engineer of the County of' Santa Clara,
if there is no County Surveyor for said County.
"Preliminary map" shall mean a sketch type map prepared for the purpose
of determining the economic feasibility of any plans the owner or de-
veloper may have for the subdivision of their land and providing a means
for the general requirements of the City to be determined prior to the
expense of actually preparin~ the Tentative and FinallvIaps. It is the
purpose of the preliminary map to enable the owner or developer to a-
void unnecessary expense, delay, and difficulties, b'lJ the earlyestab-
lishment of all general requirements.
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Sec. 1.6 DEFINITI~ (continued)
"Tentative map" shall mean a map made by a Registered Civil Engineer
or Licensed Land Surveyor for the purpose of showing the design of a
proposed subdivision and the existing conditions in and around it, and
need not be based upon an accurate or detailed final survey of the pro-
perty.
ItFina1 map" shall mean a map prepared in accordance with the provisions
of this ordinance and of Chapter 15 of Division .3 of the Business and
Professions Code.
"Design" shall mean street alignment, grades, a.nd widths; alignment
and widths of easements and right-of--ways for drainage, sanitary
sewers and public utilities; and minimum lot area and width.
ItImprovementll shall mean only such street \-10rk and utilities to be in-
stalled, or agreed to be installed, b,y the subdivider on the land de-
dicated or to be dedicated for streets, highways, public ways, and
easements, as are necessary for the general use of the lot owners in
the subdivision and local neighborhood traffic and drainage needs, as
a condition precedent to the approval and acceptance of the final map
thereof.
"Subdivision" shall mean any real property, improved or unimproved, or
portion thereof, shown on the last preceding tax roll as a unit or as
contiguous units, which is divided for the purpose of sale, whether
immediate or future, by any subdivider into five or more parcels within
any one-year period.
nSubdivisiontl does not include either of the followingt
(a) Any parcel or parcels of land in which all of the
following conditions are present:
(I) which contain less than f'ive acres;
(2) which abut upon dedicated streets or hi~hways;
(.3) in which street opening or widening is not re-
quired by the 30verning body.
(b) A~ parcel of parcels of land divided into lots or parcels, each
of a net area of one acre or more, a tentative map of which has been
submitted to the governing body and has been approved by it as to street
alignment and widths, drainage provisions and lot design.
(e) Any parcel or parcels of land dedicated for cemetery purposes
under the Health and Safety Code of the State of California.
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"Subdivider's Engineer" shall mean the Registered Civil Engineer or Li-
(lensed Land Surveyor emplo~red by the Owner or by the Subdivider to pre-
pare the necessary maps for the subdivision.
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Sec. 1.6 DEFINITIONS (continued)
"Advisory agency" shall mean the Planning Commission of the City of Gilroy.
"Governing bodyll shall mean the City Council of the City of Gilroy.
IfMayll shall indicate an action which is permissive.
"Shall" shall indicate an action which is mandatory.
Sec. 1.7 SUBDIVISION COWI-ITTEE. A Subdivision Committee, may be ap-
pointed when deemed necessary by the City CotUlcil, consisting of the
City Planning Director, the City Engineer and/or the Director of Public
Works, the City Fire Chief, the City liater Department Superintendent,
the City Building Inspector, or their deputies, shall meet to consider
tentative maps, subdivision maps and such other land development and
lotdivision maps as may be directed to tb~ir attention. The Subdivi-
sion Committee meetings shall be open to the public. Owners or sub-
dividers or others interested in any map or plan shall be given ad-
vance notice of the date on which such rr~p or plan is to be considered,
and shall have the privelege of presenting any material relative there-
to. The Subdivision Committee shall report in Wl1iting its recommenda-
tions to the Planning COIn...llission. Uhtil such time as a eubdivision
Committee 1s appointed the Planning Commission shall constitute the
subdivision committee.
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nIV. B. PRELIMINARY AND TENTATIVE MAPS
Sec. 2.1 FILING OF PRELIMINARY tv!!P. Prior to filing a tentative map
the subdivider may, at his option, submit to the advisory agency a pre-
liminary map of a proposed subdivision.
Sec. 2.2 FORH OF PRELIMINARY MAP. Copies of the Preliminary Map may
be submitted in rough sketch form, together with such general informa-
tion of existing conditions of the site and the proposed subdivision
as may be deemed neoessary by the advisory agency inclUding the following:
(e.) Map: A map, other drawing or freehand sketch drawn to scale show-
ing topographic features and delineating in simple form the proposed
layout of streets, lots, and other features in relation to existing con-
ditions.
(b) Map details: The map or drawing shall show the subdivision name,
if any, scale, north arrow, date, perimeter boundary line, unusual
features of terrain such as rock outcrops, tree masses, water courses
in and adjacent to the proposed subdiVision, existing and proposed pub-
lic utilities, sanitary sewer facilities, main traffic arteries, ra11-
roads, and other features considered pertinent by the advisory agency.
(0) Land uses: A statement or diagram showing land proposed to be de-
voted to residential, commercial, industrial, public, or other uses,
and the minimum lot sizes thereof~
(d) Location with reference to community: A scale diagram, drawing,
or key map showing the relationship of the proposed subdivision to the
existing community facilities and other developments which serve or
influence it.
Sec. 2.3 AcrION ON PRELIMINARY NAPS. The Planning Department shall
distribute the maps and data to appropriate city departments and agen-
cies for review, as well as all private public utility companies ser-
ving the area.
(a) The Planning Department shall arrange with the subdivider a time
and place of meeting between the subdivider and representatives of the
City departments and agencies concerned to discuss the preliminary tnap.
At such conference the subdivider shall be given such advice as can be
given by the representatives of the city departments and agencies based
upon the information submitted which shall be advisory only and binding
on neither party.
Sec. 2.4 FILING OF TENTATIVE lvIAP. Not less than 12 copies of a tenta-
tive map of any proposed subdivision shall be filed with the Planning
Commission by the Subdivider or by his agent. The Secretary or other
authorized agent of the Planning Commission shall stamp or write on
each oopy of said tentative map the date of receipt thereof and shall
return one copy to the person who filed same.
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Sec. 2.5. FORM OF TENTATIVE MAP. The tentative map shall show the
following information:
a. The tract numberJ name, or designation.
b. Sufficient legal description of the land as to define the boundaries
of the proposed tract.
c. Name and Address of owner, subdivider, and of Registered Civil En-
gineer or Licensed Surveyor.
d. < The locations, names and widths of all adj oining highways, streets
or ways.
e. The width and approximate grades of right-of-ways and roadways for
all highways, streets and ways within such proposed subdivision,
with typical cross-soctions showing proposed improvements.
r. The \o1idths and approximate locations of all existing or proposed
easements, whether public or private, for roads, drainage, sewers,
or public utility purposes.,
g. Approximate radius of all curves..
h. The approximate lot layout and the approximate dimensions of each
lot. <
i. Approximate location and direction of flow of all water courses and
natural drainage channels; and approximate locations of all areas
covered by water or subject to overflow ~, tide waters..
j. Source of water supply..
k. Proposed method of sewage disposal.
1. Proposed use of property..
m. Proposed public areas, if any.
n. Approximato contours where topography controls the street layout.
o. Date, north point and scale.
q. Approximate location and outline to scale of each building or struc-
ture which is not to be moved in the development of the subdivision.
r. Each street shown by its actual street name or by temporary name or
letter for purpose of identification until the proper name of such
street is determined. All names shall be as approved by the Planning
P ~~d~~~~~~~ a~~~e~~!~~Q%?'\[of n e~i!lMd~n~a~!~h ~~1d.:s~~~ ~b~t~~l~~~dlat1nleSS
rovt~e J however, ~a~ 11Pl~ ts !mpusslo1e or ~I~ract~~aole to p ce
upon the tentative map any matter hereinabove in this section required,
such matter or information shall be furnished in a written statement
which shall be submitted with such map.
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Sec. 2.6 ACTION ON TENTATDfE HAP. Action on the tentative map shall
be taken as follows:
(a) Upon receipt of the required number of prints of a tentative map,
the Secretary of the Planning Commission shall, within two days from
the date of roceipt thereof, transmit a print of the tentative map to
each member of the Subdivision Committee, and tb all private public
utility'comJ5a.nias servicing the area~ together with a request tor e. re-
port and recommendation thereon to be'presented to the Subdivision Com-
mittee at a regular or special meeting of said Committee not later than
t'V1O weeks follo\,'in~ the date of transmlttal.
(b) The Secretary shall notify the Subdivider and his Engineer of tho
date on which the tentative map will be considered by the Subdivision
Committee.
(c) On the dato sot for consideration at tho tenta.tive 1D8.p" the Sub-
division Committoe shall hear the reports and recommendations of tho
members of the Subdivision Committoe, and shall hoar tho oomments and
opinions of tho Subdivider and of his Engineer. After giving duo con-
sidoration to all such reports, recommendations, comments and opinions,
the Subdivision Committoe shall prepare its reoommondations, and with-
in five days from tho dato theroof, 'shall transmit its rocommondations
to tho Planning Commission.
(d) The Planning Commission, within thirty days from tho date of re-
ceipt of the tentative map, shall approve, conditionally approve, or
disapprove the map and shall report its action directly to the Subdi-
vider. In the event of a disapproval of the map by the Planning Com-
mission, the Subdivider shall be furnished with a statement of tho rea-
son and authority for such c1.isnpprove.l. In the event of a conditional
approval, the Subdivider sholl be furnished with a statomont showing
what changes ore necessary to meke the 1l1D.p conform to tho requiremonts
of tho Subdivision Map Act and of this ordinance, and a statement of
the conditions procodent to the approval of the final map, which con-
ditions may include: a revision of tho number, dimensions and/or shape
of the lots; a revision of the width and/or alignment of tho streets;
the typo and extent of the improvoments, drains, and utilities ro-
quirod to be constructed; and the width, location and purpose of the
easements requircd to be dedicetcd.
(e) The Planning Commission may disapprove n tentative map if the only
practical use which can be made of the property as proposed to be sub-
divided is a use prohibited b,y any ordinance, statute, law or other vc-
lid roguletion, or if the l!l.nd is subjoct to Severe flood lw.zard and/or
severo inumdation.
(f) The time limit of thirty dcys for acting on the tentativo map mey
be extonded by mutual consent of the Subdivider e.nd the Planning Com-
mission.
(g) If ne action is takon by the Plenning Commission within the time
limits as specific.(l, tha tontative mnp as filed shall bc doomed to be
a.pproved, and it shall bo the duty of the clerk of the governing body
to certify the r.pproval.
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(h) It the Subdivider is dissatistied with any action of the Planning
Commission with respect to tho tontative map, or tho kinds, nature and
extent of the improvements recommended by tho advisory B.3ency to be re-
quired, he may, within 15 days atter such action, appeal to tho govern-
ing body tor a public hearing theroon. The governing body shall hoar
the appeal, upon notice to tho Subdivider t),nd tho Planning Commission,
unloss the Subdivider consents to a continuance, within 10 days or at
its next succeeding re3Ular meoting. At the timo fixed for the hearing
tho ~ovorning body shall proceed to hetlr tho tostimony of tho Subdivi-
der or any witnosses in his bohnlf Qnd the testimony of the representa-
tives of the Planning CoIl11Tlission or any witnesses in its bohalt. It
may 8180 hoar the tostimony of othor compotont persons respecting the
character of the neighborhood in which tho subdivision is to be located,
the kinds, nature and extent of improvements, tho quality or kinds of
development to w~1ioh tho aroa is bost adapted and any other phase of
the IIlE'.ttor with respect to which it may desire to inquiro into. Upon
conclusion of tho hoarinz the govorning body sheIl within sevon days
deolaro its findings be.sod upon tho testimony producod before it. It
may sustain, modlt'y, reject or overrule art1 rocommendations or rulings
of the Planning Connnission (md my make such find1n~s as are not in-
consistent with tho provisions of this ordinance and of the Subdivision
Map Act.
(i) During tho ono year poriod subsoquent to the date of ap91'oval or
conditional approvr.l of tho tontativo map, or any approved extonsion of
the ono yoar period, noither the Planning Commission nor the governing
body shall make any chC!lges in the various requirements pertaining to
tho tentative map thet (l,re more rostrictive, or ceIl for the dedica-
tion of additio~.l aroas or the in$tall~tion of add1tional or more ex-
tensive improvements than woro set forth at tho dnte of final action
on the tentativo map.
(j) Upon approval of tho tentativo DlL\p by the Planning Commission, a
cop,y thoroof togoth~r with a copy of tho Commission's action on said
map, shall be filod with tho governing body.
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C . ~REET pESIGN STANDARDS
DIV.
Sec. 3.1 LOCAL STBEET DESIGN. The width of right-of-way and of roadway
tor looal streets shall be as proposed by the subdivider's engineer,
it approved by the Planning Commission and if supported by written
analysis and aotaUed design data taking into account the ostimated
volume and speed ot traffio, the number and width of traffic lanes
and parking lanes, horizontal sight distances, the location and area
of off-street parking spnces, the methods and equipment 8veilablo -
for stroot swooping, the estimated emount of pedestrian traffic, the
provisions for pedestrian safety, the pro'f'isions for any necessaI"1 '
or proposed utilities, signals, -stree~ lights, and/or street planting,
the effe'ct of cut- 'or f'ill slopes on the ense of accesS to the adj oiniDg
lots, , the provisions for drainage; and provisions for tnrning or
reversing the direction of travel.
Sec. :3.2 LOCAL STREET STANDARDS. Unless otherwise proposed by the
subdivider's engineer and approved by the Planning Commission, local
streets shall conform to the following standards,
a. COLLECTOR STREETS. The width of right-of-way for 8.11 collector
streets, neighborhood entrance streets, gridiron plan streets, local
streets serving more than 50 one-family residences, and streets in
areas to be used for other than one-family or two-family residences,
shall be not less than 60 feet with a roadway width of not less than
40 feet, except that in mountainous or hillside areas the width of
right of way and roadbed may be redueed to meet the conditions
encountered at the discretion of the Planning Commission.
b. .LOT ACCESS STREETS SERVING MORE THAN 24 LOTS. The width of
rigbt-of-way for local streets designed and intended to serve as
lot access for not less than 25 nor more than 50 one-family residence~,
and terminating at each end in a collector street or highway or frontage
interceptor street~ shall be not less than 52 feet with a roadway width
of not less than 40 feet, except that in mountainous or hillside areas
the width of right of ,way and roadbed may be reduced to meet the
conditions encountered at the discretion of the Planning Commission.
o. Lor ACCESS STREETS SERVING 24 LOTS OR IESS. The width of right-
of-way for cul-de-sacs or other local streets designed and intended
to serve as access for 24 ono-family residencos or less, shall be not
less than 52 feet with a roa.dway width of not loss than 40 feet.
4. FRONTAGE ROAD. The width of right-of-way for an' interceptor
street paralleling a highway shall be not less than 37 feet with a
roadway width of not less than 32 feot. The width of right-of-way
outside of the roadway and adjoining tho lot lines shall be not less
than 5 feet.
e, TURNmG CIRC1&S. Turn1ng circles at the end of cul-de-sac
.troot. 1ha11 lu1vo a r"'~_q radius ar not less than IIJ teet.
The cul-de-sac streets shall not exceed .500 feet in length. Alternete
designs for turning or reversing direction TJJD.Y bo used in lieu of the
turnin'; circle if ap:,lroved by the Planning Commission.
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Seo. 3.3 HIGHWAYS. Tho widtb of right-of-way and of roadWB.J' tor
highwqa and tor industrial streets shall conform to widths ostablisbed
by the Planning Commission or as reoOJmllemed by the City Engineer and
approved b1 the Plann1ng Commission.
Seo. 3.4 ALIEYS. Al1eys shall have a right-of-way of not less than
20 feet and a roadway width of not less than 20 feet.
Sec. 3.5 BtooK CORNER CUT...oFF. At each intersection between two
streets, and at each intersection between two alleys, the property
lines shall be rounded with a curve having a radius of not less than
10 feet" or cut-back b1 a diagonal straight line joining points at a
distance of not less than 10 feet along each property line from tho
normal point of intersection, At intersections between an alley nnd
a street, the radius or cut-back distance shall bo not less then 10
feot.
Soc. 3.6 FUTURE STREETS. Whenevor the Planning Commission shall have
determined that 8 street is necessary for the future subdivision of
tho property shown on the subdivision map or for adjoining property,
but that the prosent dedication and construction of such street is
not warranted, the Planning Commission may require that tho location,
width and extent of such street shall be shown on the final IISp as 8
future street. No improvements of such future street shall be re-
quired of the subdi vidor.
Sec. 3.7 HIGH'!>1AY FRONTAGE. Whenever it is pDoposed to subdivide
property abutting or fronting on a highway, I'rontage Road between
such lots and the highway, or an alley in the rear bi' such lots, "J1J81
be required by the Planning Commission.
Sa c. 3.8 DOUBIE=F.RONTAGE LOTS. Unless otherwise approved by the
Planning Conrnission by reason of special circumstances, lots for one;
family and two-family use sheIl not 'be dasigned vi th frontage on two
streets except at street intersections, and except along highways,
Double-frontage lots with roar lot lines along a highway JIla.1 be required
to have a wall of fence constructed along such rear 10t lines.
Soc. 3.9 AUEYS m CONGESTED DISTRICTS. l.Jhen lots aro proposod to
be used tor commercial purposes or tor multiple residential use,
(not including two-family use), an alley 30 teet in width shall be
provided along the roar of such lots.
Sec. 3. 10 OFF-ROADlIAY PARKING. On streets whero ;?arking of aut...
mobilos is prohibited along eithor or both siLes of the normal read-
way, perkin3 bays may be required at convenient locations or intervals
outside the no~l traffic lanes.
Sec. 3.11 TRAILS. In mountain aroas, trails not less than ten feot
in width may be provided in lieu of streets, provided that no portion
of any such trail shall be located at a distance g,reator than 1500
feot from the noarest public streot or highw~, (such distance being
measured along the centor line of such trail), and ~)rovidod further
that no such trail, nor any portion thereof, shall havo a grade
exceeding 3~.
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Sec. 3.12 PEDESTRIAN WAYS. A pedestrian way may be required in blocks
having a length greater than 1200 feet. Such pedestrian ways shall be
improved with walks and/or stairways as approved by the City Engineer.
Sec. 3.13 INTERSECTION ANGLE. The angle of intersection between streets,
or between a street and an alley, shall not vary more than 20 degrees
from a right angle.
Sec. 3.14 STREET ALIGNMENT. . Unless otherwise approved by the City En-
gineer and by the Planning Commission, the center lines of any two
streets entering upon opposite sides of any certain street shall inter-
sect the center Ilne of thE'\t street at the same point, or at points se-
parated by not less than 200 feet.
Sec. 3.15 GRADES. The grades of highways, streets and alleys shall
be not less than 0.2% and not greater than 15%, unless otherwise ap-
proved by the City Engineer and by the Planning Commission.
Sec. 3.16 SIGHT DISTANCES. Horizontal and vertical sight distances
shall be not less than those recommended by the California Division of
Hi3hways Planning Manual, unless center curbs or no-crossing strips be
provided.
Sec. 3.17 STREET GRADING. Streets, highways and alleys within the
subdivision shall be graded to the full width of the right-of-way, un-
less otherwise approved by the City Engineer and by the Planning Com-
mission. Cut slopes shall be not greater than 1:1, and fill slopes
shall be not greater than 1.5:1.
Sec. 3.18 PAVEt<lENT. Roadways on streets, highways and alleys within
the subdivision shall be paved to the minimum standards of the City
except that if, in the opinion of the City Engineer, the natural soil
in the subdivision is not sufficiently stable to support a minimum pave-
ment, the subdivider shall furnish soil tests and recommendations made
by a qualified soil-testing engineer as to the thickness of pavement
and base material.
Sec. 3.19 CURBS AND GUTTERS. Curbs and gutters shall be constructed
on all streets and highways within the subdivision, except that in
mountainous or hillside areas curbs and gutters may be omitted subject
to the approval of the City Engineer and of the Planning Commission.
Sec. 3.20 SIDEHALKS. Sidewalks shall be constructed on all hi3hways
within the subdivision, and on all local streets within the subdivision
except that in mountainous or hillside areas sidewalks may be omitted
or may be on only one side of the street or highway, subject to the ap-
proval of the City En~ineer and the Planning Commission. ~ihenever side-
walk is not constructed on either side of the street or highway, a
graded strip along one side of' the road way shall be provided for the
use of pedestrians.
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Sec. 3.21 IMPROVEHENTS ON EXISTING BOUNDARY LINE STREETS AND HIGm'1AYS.
Improvements conforming to the requirements specified in the preceding
sections shall be constructed on the one-half of any existing streets
and highways adjoining the subdivision.
Sec. 3.22 IMPROVENENTS ON HALF-sTREETS AND HIGHHAYS. Improvements
conforming to the requirements specified in the preceding sections
shall be constructed on any half-streets or highways within the sub-
division. If cut or fill slopes along the subdivision boundary line
are found to be necessary, such slopes may be either outside or inside
the subdivision boundary line, or partly outside and partly inside. A
letter of permission from the owner of adj oining land to IlW.ke the nec-
cessary cuts or fill slopes on his land will be accepted in lieu of an
easement for such slopes. Land occupied by such cut or fill slopes
within the subdivision shall be dedicated as "future streets".
Sec. 3.23 CULVERTS, STORMDRAINS, AND DRAINAGE STRUCTURES. Culverts,
stormdreins and drainage structures shell be constructed in, under or
along streets, alleys and highways as required by the City En3ineer to
prevent frequent and probable damage to streets or adjoining properties
from storm water, or to prevent the frequent occurence of a flow of
storm water on streets of depth and velocity as to present a hazardous
condition for moving vehicles and pedestrians, or to maintain the flow
of storm water in its naturel channel.
The term "frequent", as used in this section, is intended to de-
signate n probable frequenc.y of once in ten years or less, when ever-
aged over a long period of 100 years or more. Protection against ero-
sion of natural channels or water course on adjoining property in not
intended to be required.
Sec. 3.24 Smf.t.ms. Sanitary sewers w:tth house connection laterals shall
be constructed to serve each lot within the proposed subdivision.
Sec. 3.25 WATER. Necessary wcter moins, val~es, fire hydrnnts and
alarm boxes and services with connections to each lot within the sub-
division shall be constructed ns required by the City.
Sec. 3.26 STREET LICilTING. Ste.nde.rd street lights sheIl be instl'.lled
as required by the City.
Sec. 3.27 STR"':ET PLANTING. Trees shall be planted as required by the
City.
Sec. 3.28 n1PROVE...~NT STA:NDAP..DS AND APrOOVAL. All improvements shall
conform to the requirements contained in Resolution No. ~ prepared
by the City Engineer,.recommended by the Planning Commission, and adopt-
ed by the City Council flS the same now exists or mEiY hereafter be amend-
ed. Copies of seid Resolution No. 508 shall be maintained on file in
the office of the City Clerk and the City Engineer.
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DIV. D. ~OT DESIGN STANDAf'J)S
Sec. 4.1 AREA AND VTIDTH. Each lot in any subdivision shall have an
area of n~t less than the required area for the zone in which the lot
of any portion thereof is located. Each lot shall have an average width
of not less than the required width, or shall contain an area of not
less than the required area. Where the City Zoning Ordinance does not
es+~blish a required area or a required width in a particular zone,
the minirilum - rOC1uirod r.ro[', shGll bo six thoust,nd sC1ur ro feet tn d the mini-
mum roquirod width shall be sixty feet.
Sec. 4.2 LOT SIDELINE ANGLE. The sidelines of lots shall be at an
approxL~te right angle to the street upon which such lots front, ex-
cept as otherwise approved 1~ the Planning Commission.
Sec. 4.3 FRONTAGI:. Each lot shall have a frontage of not less than
40 feet on a street, except that in mountainous or hillside areas a
lot may have a strip of land not less than 20 feet in width connect-
ing the building site with the streot. The area of said strip of land
shall be excluded in computing the lot area and width, and the length
of said strip of land shall not exceed 300 feet.
Sec. 4.4 L6'1' GRADING. A gradin3 permit for the grading of lots in the
subdivisions will be required if anyone of any combination of the fol-
lowing operations arc proposed to be done in such lot grading:
(a) The excavation along the rear or side lines of a lot to a depth
exceeding five feet below the original ground surface.
(b) The filling to a depth exceeding one foot above the natural
ground surface on any portion of the lot intended to be used for
the support of a building.
(c) The excavation or filling of the natural ground surface in such a
manner as to discharge surface now from the graded surface onto
the land adjoining the subdivision.
(d) The placing of fills along the rear or side lines of a lot ex-
ceeding a vertical height of five feet above the natural ground
surre.ce.
Sec. 4.5 GRADING PLAN. The application for a grading permit T.DE.y be
made before the final map has been approved, and before final street
plans and profilos have boon approved. Such application shall be ac-
companied by not less than four prints of a grading plan superimposed
on a topographical map, shOWing existing and finish grades on lots
and streets proposed to be graded. Approval of the grndin:! plan and
granting of the permit does not necessarily constitute approval of the
street grades shown thereon.
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Sec. 4.6 CUT AIlD FILL SLOPl:;S. Cut slopes shall not exceed one foot
horizontally to one foot vertically. Fill slopes shall not exceed one
and one-half feet horizontally to one foot vertice.lly. If, in the
opinion of the City En3ineer, any cut slope discloses the existence of
inclined strata or fault lines or other condition indicating a possi-
ble earth slide, he may require the subdivider to furnish a report and
recommendation from a que.lified geologist as to the probability of such
sliding and as to the measures which should be taken to prevent such
slides. If tho subdivider fails to follow the reoommendations of the
~eologist, the City Engineer shall declare the land affected to be un-
fit for human habitation, and shnll so advise the City Building Depart-
ment.
Sec. 4.7 SLOPE PROTECTION. Fill slopes along the rear lot lines sheIl
be plant cd with ground cover nnd with shrubs or trees at intervnls of
not more than three feet, oxcept that some other approved method of re-
ducing the amount of slope erosion '11J2.y be substituted thereof.
Sec. 4.8 COHPACTIOl~ OF FILLS. All fills more the.n one foot in depth
and intended to support a building, and all fills exceeding five feet
in depth, shell be compacted to not less than 90% of maximum density,
after first cleering and compe.cting the natural ground surface.
Such compaction shall be done under the supervision of a qualified
soil ongineer employed by the subdivider. Upon completion of the grad-
ing operations, the soil en]ineer shell furnish a certificate in dupli-
cate to tho City Engineer, certifying to the location and degree of
compe.ctncss of such fills. One copy of said certificate shall be filed
with the Buildin,g Dopcrtment.
Sec. 4.9 DUST t NUD AND DEBRIS. Until all improvements in the subdivi-
sion have been completed, the subdivider shall take such measures as are
necessary to' prevent the excessive erosion of graded surfaces in the sub-
division, and to prevent the deposit of dust, mud and debris from the
graded surfaces onto existing public streets or onto adjoining land. The
subdivider will be held responsible fbr damage to adjoining property or
to existing public streets by reason of dust, mud and debris from the
SUbdivision.
Sec. 4.10 DEBRIS REMOVAL BOND. Bofore grenting e. grading permit, tho
City Engineer may require the subdivider to furnish a bond guarantee-
ing tho removal of mud and debris from public streets derived i'rom the
graded surfaces within the subdivision.
Soc. 4.11 AS-BUILT GRADnJG PLAN. Upon completion of grading operations
the owner shall furnish to tho City Engineer two prints of an as-built
gradin~ plan prepered b.1 the Owner's Engineer. In case no grading plan
had boen prepr.red !'.nd no gre>.ding pemit had boen granted, the subdivi-
der shall furnish to the City Engineer two prints of a map signed b,y the
Owner f s Engineer end certifying that no fil1s hnd been mnde on the 10ts,
or else two prints of r. map prepr.rod by tho Owner's Engineer showing
the approximc.tc location and depth of all compacted or uncompacted fills
which had been made.
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Sec. 4.12 OFF-STREET PARKING. Not less than 66 2/3 % of the area of
each lot proposed to be used for commercial or manufacturing purposes
shall be reserved or restricted for the parking of automobiles, and not
more than 33 1/3 % of the area of each such lot shall be used for build-
ing purposes.
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DIV. E. FINAL MAPS
Sec. 5.1 SURVEY PROCEDURE AND PRAaI'ICE. The prooedure and practice of
all survey York done on any subdivision, shall conform to the aocepted
standards of the engineering profession. The allowable error of closure
on any portion of a final map or approved record of survey map shall
be 1/5000.
In the event that the County SUrveyor I County Road ColDIDissioner,
the State Highway Engineer, or the City Engineer shall have establishe
eel the center line of any street or alley in or adjoining a subdivision
the final map shall show such center line, together with reference to
a field book or map showing such center line and the monuments which
determine stated upon the final map.
Sec. 5.2 BOUNDAltt MONUMENTS. Each final map shall show durable monu-
ments found or set at or near each boundary corner and at intermediate
points, approximately 1000 feet apart, or at such lesser distances as
may be made necessary by topography or culture to insure accuracy in
the reestablishment of any point or line without unreasonable diffi-
culty. The precise position I1nd the character of each such monument
shall be shown on such map. Such durable monument shall be not less
substantial than an iron pipe of a It in. outside diameter, not less .
than 2 feet in length, with plug and tack, and set at least 2 feet into
the ground or of such other character and stability as may be approved
by the City Engineer. The approximate elevation of the top of each
such monument with respect to the surface of the ground shall be shown
on said map.
Sec. 5.:3 STREET CENTERLINE HONUMEtfl'S AND TIES.. Center line monuments
shall be set to mark the intersections of streets, intersections of
streets with the tract boundary, or to mark either the beginning and
end of curves or the points of intersection of tangents thereof, or
other intermediate points.
Each such monument shall be not less durable and substantial than
that required Qy the City.
In unsurfaced, graveled or oiled surfaces a two-inch iron pipe set
not less than 12 inches below the surface.
Sec. 5.4 NOTES TO BE FURNISHED. For each center line intersection
monument set the engineer or surveyor under whose supervision the sur-
vey has been made shall furnish to the City Engineer a set of notes
showing clearly the ties between such monument and 4 durable distinctive
reference points or monuments. Such reference points or monuments may
be leads and tacks in curbs or sidewalks, or 2" x 2" stakes set back
of the curb-line and below the surface of the ground, or such substitute
therefore as appears to be not more likely to be disturbed.
Such set of notes shall be of such quality, form and completeness
and shall be on paper of such quality and size as may be necessary to
conform to the standardized office records of the City Engineer. All
such notes shall be indexed and filed Qy the City Eneineer as a part
of the permanent public records of his office.
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See 5.5 IDENTIFICATION MARKS. All monuments set as required herein
shall be permanently and visib1y marked or tagged with the registration
or license number of the engineer or surveyor under whose supervision
the survey was made.
Sec. 5.6 DEFERMENT. In the event any or all of the monuments required
to be set are to be set subsequent to the recordation of the tinal map,
the map shall show which monuments are to be so set. Prior to the ap-
proval of the final map by the governing body, the subdivider shall
submit a written agreement in which he agrees that the monuments so de-
ferred will be set within a specified time, and that the notes required
in Section 5.4 will be furnished within a specified time.
Sec. 5.7 mSPECTION AND APPROVAL. AIl monuments sheIl be subject to
inspection and approval by the City Engineer.
Sec. 5.8 SEPARATED PARCELS. No land shall be divided on any sinsle
map when such land 1s separated or divided into two or more parcels or
portions by any parcel of land other than a street, aIley, railroad
right ot way, public utility right or way, or nood control right of
way, and whon such land is so separated each separate parcel or portion
thereof, if subdivided, shall be subdivided as a separate percel and
shown on a separate subdivision map.
Sec. 5.9 PRINTS REQUIRED AND DISTRIBUTION. Upon the filing of a final
map with the City Engineer, it shall be accompanied by prints thereof
as required.
Sec. 5.10 REPORTS TO THE CITY ENGINEER. Each officer or department,
within fifteen (15) days after the receipt of a print of a final map,
shall report in writing to the City Engineer as to the compliance or
non-compliance of such map with law as to the matters coming under his
or its jurisdiction, together with a statement of the changes neces-
sary thereon to causa such map to comply with the law, and with the
approved tentative map and all approved revisions thereof.
Sec. 5.11 EVIDENCE OF TITLE. The evidence of title required by the
provisions of Section 11625 of the Subdivision Map Act shall be a cer-
tificate of title or a polia,y of title insurance issued b.Y a title
company authorized by the laws of the State of California to write the
same, showing the names of all persons having any record title interest
in the land to be subdivided, together with the nature of their re-
spective interests therein. In the event that any dedication is to be
made for public use of any property shown on any such final map, the
said certificate of title or policy of titlo insurance shall be issued
for the benefit and protection of the City of Gilroy.
Sac. 5.12 RECORDING FEE DEPOSITS. Upon the submission of a final map,
the subdivider shall doposit with the County Surveyor a sum of money
equal to the amount required by law for the recordation of a subdivi-
sion map, which money shall be deposited in n trust fund for that pur-
pose and, upon the filing of such map for rocord in the office of the
County Recorder, such money shall bo used by the Surveyor in payment of
tho fec for tho rccording of such map.
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Seo. 5.12 RECORDING FEE DEPOSITS.
(continuod)
In the event that the subdivider abandons his intention to cause
suoh map to be recorded, and so notified the County Surveyor of such
fact in writing, suoh money shall be returned to the subdividor w!1o
deposited the same.
Soo. 5.13 CHECKING FEES. In addition to all other fees and oharges
required by law, upon submitting the final map or approved reoord of
survey map under tho provisions of Section 11593 of the Subdivision
Map Aot, the subdivider shall pay a map-cheoking fee to the City
Clerk. This fee shall be $10.00 PER }flAP plus $3.00 PER LOT. Traverse
sheets from a reputable electronic computing agency may be aooeptable
in liou of the map ohecking fee.
Sec. 5.14 BLOCK DESIGNATION. In the event that the subdividor eleots
to number or letter tho blocks in any SUbdivision, all blocks therein
shall be numbered or letterod in numerioal or alphabetical order, re-
spectively, common&1.ng with the numeral "1" or the lettor "A" and con-
tinuing without omission or duplication. Such numbers or letters shall
be solid and of sufficient size and thickness as to be conspicuous on
tho map, and shall be so placed e.s not to obliterate any figure, or
othor dosign. E'xcopt where necessitated by a scale sufficiently large
to show all details clearly, no block shall be dividod between two or
more sh'3ets.
Sec. 5.15 LOT NtJltillERS. In the event that the blocks of any subdivision
are numbered or lettered, the lots in each block therein shall be num-
bered or lettered, the lots in each block therein shall be numbered be-
ginning with the numeral "111 and continuing without omission or dupli-
cation in any such block. Otherwise the lots shall be numbered begin-
ning with the numeral "111 and continuing without omission or duplica-
tion throughout the entire tract. No prefix or suffix nOD combination
of letter and number shall be used. Each lot shall be shown entirely
on one sheet.
Sec. 5.16 SUBDIVISION BOUNDARY (BLUE BOnDER). The boundary line of a
subdivision shall be indicated by a border of light blue ink approxi-
mately one-eighth (1/8) of an inch width applied on the revorse side
at tho traoing and inside suoh boundary line. Such ink shall be of
such density as to bo transferred to a blue line print of such map and
not to obliterate any line, figure or other data appearing on such mnp.
Sec. 5.17 TITLE SHEEl'. (a) The title sheet of eaoh final map shall
oontain a title consisting of the number, name or designation of the
subdivision, also the words "in the City of Gilroy" also except ae pro-
vided in Section 5.18 hereof, a subtitle consisting of a description
of all the property being subdivided, by reforence to such map or maps
of the property shown thereon, as shall have been previously recorded.
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Sec. 5.17 TITLE SHEET.
(continued)
(b) Upon such title sheet the certificate of the surveyor or en-
gineer reforred to in Section 11592 of the Subdivision Map Act shall
appear. Also upon such title shoot, or upon at least one map sheet
shall appear the basis of bearings, making reference to some recorded
subdivision map, county surV3yor1s map or othor record or to a solar
or polaris observation.
(c) Certificates, affidavits and acknowlooJemE:lnts shall be legi-
bly printed upon the title sheet of tho final map with opaque ink.
Sec. 5.18 REVERSION TO ACREAGE. Upon the title sheet of each map
filed for the purpose of reverting subdivided land to acreage, for sub-
title shall consist of the words "A Reversion to Acrea~e of ........"
(insert a legal description of tho land being reverted).
Soc. 5.19 EVIDENCE DETERMINING BOUNDAHY. On each final map shall be
fully and clearly shown and identified such stakes, monuments or other
evidence determining boundaries of tho subdivision as wero found on
tho ground, togother with sufficient corners of adjoining subdivisions,
by 10t and block number, tract name and place of record, or by section,
township and range, or other proper designation as may be necessary to
locate precisely the limits of the subdivision.
Sec. 5.20 ORIENTATION. Tho map on each sheet and the lettoring there-
on shall be so oriented that, with tho north point directed away from
the roader, tho map may be read most conveniently from tho bottom or
lower right cornor of such sheot, tho binding edge to be at the 10ft
and lengthwise of tho shoot, keeping in mind that the sheots are al-
ways on tho right pago of tho map book, the left page being always blank.
Sec. 5.21 TITLE, SCALE, NORTH POINT, NUMBER AND CROSS REFERENCE. Each
sheet of a final map, excepting tho title shoot or sheets thereof, shall
bear the main title of tho map, tho scale of the map, north point, and
shoet number, together with a designation of tho relation, if any, be-
tween each sheet and each other sheot thereof.
Sec. 5.22 BEARINGS AND LENGrHS OF LINES. The bearing and length of
each lot line, block lino and boundary line shall be shown on tho final
map, provided that, when bearings or lengths ot lot lines in any serios
of lots are the same, such boarings or lengths may be omitted from each
interior parallel lot line of such series. Each required bearing and
length shall be shown in full and no ditto mark or other designation of
repitition shall be used.
Sec. 5.2,3 AREA DESIGNATION. Upon each lot containing an area of
three-fourths of an acre or more shall be designated the acreage or
such lot shown not le8s accurately than to the nearest one-hundredth
of an acre.
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Sec. 5.24 CURVE DATA. The length, radius, semi-tangent, chord and
total central angle or bearing of terminal radii on each curve and the
bearing of each radial line to each lot corner on each curve, or the
central angle of each segment within each lot, shall be shown thereon.
Sec. 5.25 HIGHWAYS lUDTHS AND CENTER LINES. There shall be shown upon
each final map or approved record of survey map the center line of each
highway, street or way, the total width thereof, the width of that por-
tion, if arrr, to be dedicated, and in the case of any existing highways,
streets or ways, the width thereof, and the width of each highway,
street or way on each side of the center line thereof. On such each
center line sha11 be shown the bearing and length of each tangent, and
radiUS, central angle, semi-tangent, chord and length of each curve.
The final map shall show the width of each railroad right of way,
flood control or drainage easement and other easement appearing on such
map, whether previously of record or offered for dedication on such map.
Sec. 5.26 EASD1ENT LINES. Upon a final map shall be shown the center
line or side lines of each easement to which the lots in the subdivi-
sion are subject. In the event that such easement is not definitely
located of record a statement showing the existence of such easement
shall be placed on the map. Easements reserved. by the owner for pub-
lic utilities or for other purposes shall be shown on the map and so de-
signated thereon.
Sec. 5.27 EASEl$NT DEDICATION. If an easement is being dedicated by
a final map it sheIl be properly set out in the ower's certificate of
dedication on the map.
Sec. 5.28 NATURAL \-lATER-COURSE. The location of any water-course,
channel, stream or creek shall be shown on the final map.
Sec. 5.29 DRAINAGE FACILITIES AND FEES. In consideration for the ac-
ceptance b.Y the City of responsibility for maintenance and operation
for the useful life of the drainage facilities, "on-site" and "orf-
site", the subdividers and property developers shall enter into an
agreement covering the cost, type, quality and character of installing
same in accordance with the stipulations set forth in Resolution No.
SOg as the same now exists or may hereinafter be amended.
Sec. 5.30 SANITARY SEt-JERS AND \lATER UTILITY FEES. In consideration
for the acceptance by the City of' responsibility for maintenance and
operation for the useful life of' the sanitary sewers and water utili-
ties necessary connecting system, genera 1 plant and appurtenances, the
subdivider and property developers shall enter into an agreement cover-
ing the cost, type, quality and character of installing same in accor-
dance with the stipulations set forth in Resolution No. liOg as the
same now exists or may hereinafter be amended.
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Sec. 5.31 PRIVATE STREETS. Except as set out hereinafter, all parcels
of land intended for public use in a subdivision shown on the final map
thereof, shall be offered for dedication for public use. Provided, how-
ever, that with tho approval of the City Council any street, highway or
way which is intended to be kept physically closed to the public travel
or posted as a private street at all times may be shown as 8 private
street, but in any such case the final map shall contain a conditional
offer of dedication which may be accepted by the City Council at such
time as the street shall have been opened to publio travel for a period
of three (:3) months or more. Any such private street shall be shown on
such map by heavy dasbed lines. Sufficient data shall be shown on each
private stroet to define its boundaries, as is required for a public
street and also sufficient mathematical data to show clearly the portion
of each lot wi thin such street. The design and improvement of any such
private street shall be subject to all of the requirements prescribed
by this ordinance for public streets, unless otherwise approved by the
Planning Commission.
Sec. 5.32 MAP SHOWING STRUcrtJRES REQUIRED. Any final map of a subdivi-
sion pres~nted to the City for acceptance of easements and recordation
shall be accompanied by an additional copy on which is delineated all
structures existing within the easements, except publicly owned storm
drains, water linos, sowers, and other sanitary facilities, whether such
structures Bre on recorded easements or not.
Sec. 5.33 llAIVER OF SICiNATURES. If the owner of an easement or right
of way of any kind or nature in any right of way offered for dedication,
who has no other interest whatever in any part of the lands included
within the subdivision, refuses to make his easement subject to any
right of way offered to the public, but the final map in all other re-
spects complies with this ordinance, with the Subdivision t-1ap Act, and
with every other applicablo statute and ordinanoe, and the govorning
body finds that the subdivider has in 300d faith attempted to obtain
the necessary signature from such owner and has been unable to do so,
and that a refusal to acoept the final map tor recordation would \lork
an undue hardship on tho subdivider, then by a majority vote of all its
members the governing body may accept such map.
Sec. 5.34 AGREEf:.JENT TO DlPl1OVE. The subdivider shall grade and im-
prove or agree to grade and :improve all land dedicatod or to be dedi-
cated on a final map for streets, highways, public ways, and easements,
and all private streets and private easements laid out on a final map
in such a manner and with such improvements as are necessary for the
gencral use of the lot owners in tho subdivision and local neighborhood.
traffic and drainage needs as required by city standards.
Soo. 5.35 PLANS AND PROFILES. Plans, profiles, and specifications for
such improvements shall be furnished to the City Enginoer not later than
the time of submitting the final map to tho County Survoyor for ohocking
and such plans, profiles, and speoifications shall be subject to the ap-
proval of the City Engineer before any such final map shall be approved.
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Sec. 5.36 AGREEMENT IN LIEU OF IMPR:OVEMENT. If any improvements be
Dot completed to the satisfaction of the City . Council betore the final
map is recorded or filed, the subdivider shall, prior to the approval
by the governing body of the final map enter as contractor into an
agreement with the City of Gilroy whereby, in consideration of the
acceptance by said Cit1 of the dedications offered on the final map
and the approval of the final map, the subdivider, as such contractor,
agrees to furnish all necessar,y equipment and material and to complete
such work within the time specified in such agreement.
Sec. 5.37 FAITHFUL PERFORMANCE BOND FOR IMPROVEMENTS. The agreement
referred to in Sec. 5.36 shall be acoompanied by a faithful performanoe
bond guaranteeing the faithful. perf.rmance of all work, the inspeotion
of which is the duty of the City Engineer, in a penal sum which, in the
opinion of the Ci't7 Council , equals the cost thereof.
Sec. 5.38 MONUMENT GU.A.RANTEE. The agreement referred to in Sec. 5.6
shall be accompanied by a oash deposit in an amount estimated by the
City Engineer to be sut.ricient to pay the cost of setting the monuments.
It such monuments are not set within the specified time, the City
Engineer shall so noti17 the subdiv~er and the Engineer or Surveyor
signing the map. It, within 30 days from the date of such notice,
the monuments are not set, the City Engineer shall order the Engineer
or Surveyor signing the map to set the monuments I and upon satisfactory
completion thereof, shall pay or cause to be paid to said Engineer or
Surveyor the amount of the above-mentioned deposit. If the Engineer
or Surveyor signing the map is deceased or is found to be unable to
perform such work, the monuments shall be set by the City Engineer and
the deposit shall be retained by the City.
Sec. 5.39 KlNEY OR NEGCYl'IABIE BONDS. In lieu of any faithful performance
bond required by this article the subdivider may deposit with the governing
body a sum of mney or negotiable bonds equal to the l'equired amount of
such bond as security for the faithful performance thereof.
Sec. 5.40 REDUCTION IN BOND OR DEPOSIT ON PORTION COMPLETED. When any
portion of an improvement has been aotual~ ful~ completed, the officer
whose duty it is to inspect such improvement may repOrt such fact to the
City Counc!l who may autnorize from time to time a reduction in the bonds
or a partial withdrawal ot funds, which bonds or funds 'Were deposited in
lieu of a faithful performance bond required by this artiole, equal to the
&ptimated cost of such completed portion.
Sec. 5.41 CERTIFICATES. The following certificates and aclmowledgments
must appear on the title sheet of the final map:
(a) Owner's certificate, including the 'offer of dedication, if any.
(b) Engineer's or Surveyor's oertif1cate.
(c) City Engineer's certificate of approval, including statement
that final map conforms substantially to the approved tentative map and
to any approved alterations thereof.
(d) Certificate at approval of Planning Commission.
(e) City Clerk's certificate of approval by the governing body and
acceptance of the offer of dedication.
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o. 5.41 CERTIFICATES. (continued)
(1') Such other a1'1'idavits, certifioates, aOknowledgments,
endorsements I and notarial seals as are required by law and by
the provisions ot this ordinanoe.
Sec. 5.42 ACTION ON FINAL MAP. After cheoking and certifying to
the correctness and completeness ot the final map, the City Engineer
shall transmit same to the governing body together with all other
appurtenant and necessary information including Bonds, The governing
body, at its next reguJ.ar meeting aft or receipt 01' said map, shall
aocept the bonds and approve the map. The map shall then be transmitted
to tho County Surveyor or County Engineer 1'01' reoording.
Seo. 5.43 TAXIS AND SPECIAL ASSESSMENTS. (a) Prior to the tiling
ot tho final map with tho lO\'omUlg b04r, the 8Ubdiv14er ahall tile
with tho olerk of tho 1Ioard of supervisors of the county, in which
aDJ part of the subdivision i8 located, a certificate tram the offioial
computing redemptions in any county or any municipal corporation in
which any part of tho subdivision is located, showing that according to
the records of his office, there are no liens against the subcUvision
or anr part thereof for unpaid state, BOunty, municipal or local taxes
or special assesments oo11ected as taxes, except taxes or special
assessments not yet payable.
(b) As to taxes or spec1al assessmonts collected. as taxes not
yet payable, the subdivider shall tUe with the clork of the board 01'
supervisors mentioned, a certi1'icato by each proper otticer gi1l1ng his
estimate of the amount of taxes and assessments which are a lion but
whioh are not yet payable.
(0) Whenever any part of the subcl1vision is subject to a lien
tor taxes or special assessments collected as taxes which are not yet
payable, the 1'1001 map shall not be recorded. until the owner or sub-
divider executes and files with the board of supervisors of the county
wherein any part pf the subdivision is located, a good and sufficient
bond to be approved 'by the board and by its terms make to inure to the
benefit mf the county and conditioned upon the payment of all State,
oounty, munioipal and local taxes and all special assessments collected
as taxes, which at the time the final map is recorded are a lien
against the property, but which are not yet payable. In lieu of a bond,
a deposit may be made of money or negotiable bonds in the same amount,
and of the kind approved for securing deposits of public money.
(d) If the liina being subdivided is a portion of a lafger parcel
shown on the last ~eceding tax rall as a unit, the bond or depesi t
for payment of taxes need be only for such sum as may be dotomined
by the board of supervisors to be sufficient to pay the taxes on the
land being subclivided, together with all accrued penalties and costs
if' such taxes are allowed to beoome delinquent.
(0) If the land being subdivided is sold tor taxes it may be
redeemed from suoh sale without the redemption of the remainder of the
larger parcel of which it is a part pursuant to the provisions of' the
Revenue and Taxation Code as if it were held in ownership separate
from and otb . than the ownorship of the romaindcr.
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DIV. F. LOT DIVIaIONS
Sec. 6.1 LOT DIVISIONS. Any porson, firm or corporation desiring to
divide any single lot or parcel or land shown in the last preceding
tax roll as a unitt into not more than tour building sites, whether
tor Residential, commerc1al or industrial purposes, shell make appl1-
cation tor approval of such building sitos, shall file with the
Planning Commission .12..- prints ot a map showing tho approximate area
cdd1mension of each parcel and the approximate looation of sny
existing buildings thereon. The Planning Commission shall make or
sbal1 cause to be made such investigation of the facts boaring on the
application as will serve to provide all information necessary to
enable the Planning Commission to take such action on the application
as will be consistent with the intont and purpose of the City Zoning
Ordinance.
Sec. 6.2 ACTION ON LOT DIVISION APPLICATION. The Planning Commission,
within 30 days tram the date of receipt of the application, shall ap-
prove, conditionally approve, or disapprove the application and shall
report its action directly to the applicant. In the event of a disap-
proval of the application by the Planning Commission, the applicant
shall be iurnished a statement of such condition, whioh may include: a
revision of the number, dimonsions, and/or shape of the parcels; the
oonstruotion and/or completion of street improvements on the adjoining
street; the construction anq/or completion of sewers, drains and public
utilities and fees necessary for the use of the percels for the purpose
intended and consistent with the City Planning Commission's Master Plan
or standerd requirements for lend development; and such bonds or other
guarantees as will insure full compliance with the provisions of the con-
ditional approval.
Sec. 6.3 APPEAL. If the owner is dissatisfied with the action of the
Planning Commission, ho may appeal to the governing body as provtded in
Sec. 2.6h of this ordinance.
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nIV. G. J..AND GaAD~G
Sec. 7.1 LAND GRADING. Grading of building sites, and grading of any
land within the City for any purpOse, shall be done in acoordance with
the provisions at Sections 4.4 to 4.11, inclusive, of this ordinance.
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DIV. H. RIGHT OF APPEAL
Sec. 8.1 RIGlT OF APPEAL. Wherever, by the provisions of this ordinance,
there is vested in the City Engineer and/or the City Planning Commission
or any other City Official, the duty or authority to determine any ques-
tion of fact or the interpretation of this ordinance, or to perform a
discretionary' aQt, or to make a decision which depends upon a matter of
opinion, there is hereby reserved to the aggrieved party, the right of
appealing to the Common Council before which a hearing shall be held upon
the matter in dispute. The said hearing before the Council on the 'matter
in dispute shall be held within a period of t.hirty (30) days and the de-
cision of the Common Council shall be final.
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DIV. I. ENACTH~l
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Sec. 9.1 PENALTIES. Any offer to sell or to contract to sell, or any
sale or deed of conveyance, made contrary to the provisions of this
ordinance is a misdemeanor, and any person, firm, or corporation, upon
conviction thereof, shall be punishable by a fine of not more than one
hundred dollars ($100.00) or by imprisonment in the county jail for a
period of not more than thirty (30' days, or by both such fine and impri-
somnent. Nothing herein contained shall bar any legal, equitable, or
summary remedy to which the City or other political subdivision or any
person, firm, or corporation may be entitled; and the City or such other
politieal subdivision or person, firm, or corporation may file a suit in
the superior court of the county to restrain or enjoin any attempted or
proposed subdivision or sale in violation of this ordinance.
Sec. 9.2 REPEAL. All ordinances or parts of ordinances of the City in
confiict with this ordinance, to the extent of such conflict and no fur-
ther, are hereby repealed.
Sec. 9.3 EFFECTIVE DATE. This ordinance shall be and is hereby declared
to be in run force and effect from and after its adoption and approval.
Regularly passed, approved and adopted by the City Counc~l of the City ,
of Gilroy, California, on this 4th day of l,ay ,~,
by the following vote:
AYES: COUNCIU1EN Pate, Rush, Petersen, 1,.Jent1rlorth,3allo, Jordan
NOES: COUNCILHEN None
ABSENT: COUNCIU1EN None
AmsT:
APPROVED:
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CITY CLERK
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CITY OF GILROY
SUBDIVISION ORDINANCE
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INDEX
D IV. A. GENERAL
Sec. 1.1 AUTHORITY FOR LOCAL REGULATIONS
1.2 VALIDITY
1.3 REFERENCES
1.4 MODIFICATIONS
1.5 RECORDATION OF ORDINANCE
1.6 DEFINITIONS
1.7 SUBDIVISION COMMITTEE
DIV. B. P~LIMINARY AND 'rpTTATIVE MAPS
Sec. 2.1 FILING OF PRELIMINARY YAP
2.2 FORM OF PRELD1INARY MAP
2.3 ACTION ON PRELININARY NAP
2.4 FILING OF TENTATIVE NAP
2.5 FORM OF TENT! TIVE MAP
2.6 ACTION ON TENTATIVE NAP
DIV . C. STREET DESIGN STANDARDS
Sec. 3.1 LOCAL STREET DESIGN
3.2 LOCAL STREET STANDARDS
3.3 HIGHWAYS
3.4 ALLEYS
3.5 BLOCK CORNER CUT-OFF
3.6 FUTURE STREETS
3.7 HIGHWAY FRONTAGE
3.8 DOUBLE-FRONTAGE LOTS
3.9 ALLEYS IN CONGESTED DISTRIGrS
.3.10 OFF-ROADWAY PARKING
3.11 TRAILS
3.12 PEDESTRIAN 11lAYS
3.13 INTERSECTION ANGLE
3.14 STREET ALIGNMENT
3.15 GRADES
.3.16 SIGHT DISTANCES
3.17 STREET GRADING
3.18 PAVEMENT
3.19 CURBS AND GUTTERS
3.20 SIDEWALKS
3.21 n1PROVEMENTS ON EXISTING BOUNDARY
LINE STP~TS AND HIGH\-lAYS
3.22 IMPROVEMENTS ON HALF...sTREETS AND HIGHWAYS
3.23 CULVERTS, STORMDRAINS t AND DBAINAGE STRUoruRES
3.24 SEWERS
3.25 UTILITIES
3.26 STREET LIGHTING
3.27 STREET PLANTING
3.28 IMPROmiENT STANDARDS AND APPROVAL
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DIV. D. bOT DESIGN STANDARDS
Sec. 4.1 AREA AND WIDTH
4.2 LOT SIDELINE ANGLE
4.3 FRONTAGE
4.4 LOT GRADING
4.5 GRADING PLAN
L~.6 CUT AND FILL SLOPES
4.7 SLOPE PROTECTION
4.8 COMPACTION OF FILLS
4.9 DUST', MUD AND DEBRIS
4.10 BOl\1J)
4.11 AS...BUILT GRADING PLAN
4.12 OFF-STREET PARKING
DIV . E. FINAL NAPS
Sec. 5.1 SURVEY PROCEDURE AND PRACl'ICE
5.2 BOUNDARY MONUMENTS
5.3 STREET CENTERLINE }'iONUMENTS AND TIES
5.4 NOTES TO BE FURNISHED
5.5 IDENTIFICATION MARKS
5.6 DEFERNENT
5.? INSPECTION AND APPROVAL
5.8 SEPARATED PAR.CELS
5.9 PRINTS REQUIRED AND DISTRIBUTION
5.10 REPORTS TO THE CITY ENGINEER
5.11 EVIDENCE OF TITLE
5.12 RECORDING FEE DEPOSITS
5.13 CHECKING FEE
5.14 BLOCK DESIGNATION
5.15 LOT NUMBERS
5.16 SUBDIVISION BOUNDARY (BLUE BORDER)
5.17 TITLE SHEET
5.18 REVERSION TO ACREAGE
5.19 EVIDENCE DETERMINING BOUNDARY
5.20 ORIENTATION
5.21 TITLE, SCALE, NORTH POINT, NUMBER AND
CROSS REFERENCE
5.22 BEARDTGS AND LENGTHS OF LINES
5.23 AREA DESIGNATION
5.24 CURVE DATA
5.25 HIGHWAYS WIDTHS AND CENTER LINES
5.26 EASEMENT LINES
5.27 EASm.1ENT DEDICATION
5.28 NATURAL WATER-COURSE
5.29 DRAINAGE FACILITIES AND FEES
5.30 SANITARY Sm,JERS AND HATER UTILITY FEES
5.31 PRIVATE STREETS
5.32 HAP SHO~nNG STRUCTURES REQUIRED
5.33 WAIVER OF SIGNATURES
5.34 A GREEt-lENT TO D-1PROVE
5.35 PLANS AND PROFILES
5.36 A GREE}'ffiNT IN LIEU OF IMPROm;ENT
5.37 FAITHFUL PERFORMANCE BOND FOR IMPROVEMENTS
5.38 NONUMENT GUARANTEE
5.39 HONEY OR NEGOTIABLE BONDS
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DIV. E. FINAL NAPS (continued)
Sec. 5.40 RFDUCTION IN BOND OR DEPOSIT ON PORTION CO~1PLETED
5.41 CERI'IFlCATES
5.42 ACTION ON FINAL MAP
5.43 TAXES AND SPECIAL ASSESSMENTS
DIV. F. LOT DIVISIONS
Sec. .6.1 LOT DIVISIONS
6.2 ACTION ON LOT DIVISION APPLICATION
6.3 APPEAL
DIV. G. LAND GRlJHNG
Sec. 7.1 IJ.ND GRADING
DIV. H. RIGHT OF APPEAL
Sec. 8.1 Right of Appeal
DIV. 1. ENACTr'ENT
Sec. 9.1 Penalties
9.2 Repeal
9.3 Effective Date