Ordinance 1998-20ORDINANCE NO. 98-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GII.ROY PRE-ZONING CERTAIN PROPERTY HC-PUD and OS
(HIGHWAY COMMERCIAL PLANNED UNIT
DEVELOPMENT AND OPEN SPACE) DESCRIBED AS APNs
783-05-011,783-05-012, 783-05-013, 810-17-009, 810-17-014, 810-
17-015, 810-17-021, 810-17-024, 810-17-025, 810-17-026, 810-17-
029, 810-18-002, 810-18-008, 810-18-009, 810-18-010, 810-18-011,
810-19-003, 810-19-005,810-19-007, 810-19-010, 810-19-012, 810-
19-011,810-20-012, APPLICATION Z 98-02
WHEREAS, Bonfante Gardens/Bonfante Nurseries ("Applicant") submitted application Z
98-02 requesting an amendment to the City of Gilroy's Zoning Map prezoning to HC-PUD and OS
(Highway Commercial- Planned Unit Development and Open Space) that certain property
currently zoned County and consisting of approximately 647 acres as described above; and
WHEREAS, the property affected by Z 98-02 is located at 3050 Hecker Pass Highway,
west of Santa Theresa Boulevard, such land being indicated on a map attached hereto as Exhibit
"A", and incorporated herein by this reference; and
WHEREAS, this property was approved for inclusion in the City of Gilroy's Urban Service
Area on February 13, 1991 by the Local Agency Formation Commission, and by Resolution No.
98-68 the City Council annexed this property to the City of Gilroy; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the Santa
Clara County Board of Supervisors certified an EIR for the £ncst phase of the project, and a
Supplemental EIR on the project's sewage system in 1986, and the City Council on July 16, 1990,
certified an EIR, along with twenty-five mitigation measures and a mitigation and monitoring
program; and
WHEREAS, the prior environmental documentation included this project in connection
with General Plan Amendment Application GPA 88-02, and the City has reviewed these reports in
conjunction with the current request, Z 98-02, and finds that the proposed prezoning is substantially
consistent with the prior environmental documentation; and
\KH~429307.01
85-111904706031 - 1- ORDINANCE NO. 98-20
WHEREAS, the Planning Commission held a duly noticed public hearing on Z 98-02 on
November 5, 1998, at which it considered this project and voted to recommend approval of Z 98-
02; and
WHEREAS, the City Council held a duly noticed public hearing on Z 98-02 on November
16, 1998, at which time the City Council considered the project, all public testimony, including the
Staff Report dated October 22, 1998, and all other documentation on the project, and determined
that the project should be approved; and
WHEREAS, the location and custodian of the documents or other material which
constitute the record of proceedings upon which this ordinance is based is the office of the City
Clerk..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The project is consistent with the Gilroy General Plan because it conforms to the
land use designation for the property on the General Plan Map and is consistent with the goals and
policies of the General Plan.
SECTION II
Z 98-02 should be and hereby is approved, subject to the twenty-five (25) mitigation
measures and the mitigation/monitoring program set forth in the EIR adopted for GPA 88-02, and
all other mitigation measures adopted for this project.
This ordinance shall take effect and be in full force thirty days from and after its
\KHM[429307.01
85-111904706031 -2- ORDINANCE NO. 98-20
adoption and approval.
PASSED AND ADOPTED this 21st day of December, 1998 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, GI~FORD, MORALES,
ROWLISON, SPRINGER, SUDOL,
GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
ATTEST:
Rhonda Pellin, City Clerk
K.A. Mike Gilroy, Mayor
\KHIV~429307.01
85-111904706031 -3- ORDINANCE NO. 98-20
12/02/98 RED 14:30 FAX BERLINER & COHEN ~027
EXHIBIT A
12/02/98 WED 14:31 FAX BERLINER & COHEN ~028
County of San.la Cj a
Environmental Resources Ag~ffcy
Building InSpection/Land Development Engineering and Surveying
October 2, 1998
Susanne E. Steinm~tz, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
RECEIVer',
OCt. 6 i998
The attached revised description and map dated September 25, 1998 of
· territory proposed for annexation to the City of Gilroy entitled ~
· REORGANIZATION 98-01 is in accordance with Government Code Section 56826.
The boundaries of said territory are definite and certain. The proposal is in
compliance with the Local Agency Formation Commission's road annexation
policies.
MARTIN D. MA~COTT,
County Surveyor
Attachment
cc: LAFCO Executive Officer (w/attachment)
Bryan Stice
Roger Dodge
Board of Supervisors: Donald E Gage. 13lanca Alvarado. Pete McHugh, James T. Beall Jr.. $. Josepl~ Simidan
Coullty Executive: Richsrd Witter'~berg
EXHIBIT B
EXIq 'A'
YrI~.CKER PASS REORGANIz,~,TION
1998 - O1
Locatod in the County of Santa Clara, Sta~e of California, described as follows:
Beginning at a point on t~e North ]iee of Hecker Pass Highway, 66 feet wide, at the point of intersection of a Southwesterly line of the
Ousley Park Addition to the City of Gilroy, Ordinance No. 607, with the Northerly line of the Hecker Pass Reorganization Annexation
No. 82- I tO the City of Gilroy; thence $ 85038' W along last said line 20 more or less to' the Northweatern most corner'of ~aid '
Annexation N,o: 82-I; thence S 4o22' B along the Westerly end of sa/d Annexation No. 82-1, 66.00 feet to the Southwest'corner
thereof, last said corner lying on the Southerly line of Hecker Pass Highway; thence N 85038' E along laat said line, 1341.75 feet more
or less to the Northeast comer of that property show~ on that Record of Survey filed in Book 29 of Maps, at Page 16, ,Santa Clara
County Records; thence Southerly along the V~esterly tine of said survey,.S 0':58' E 262.69 feet more or less to an angle point therein;
thence continuing a~ong last said iine, S 50°02' W 25.01 feet and ,S 0050' E 589.10 feet to the Southwest corner thereof, to a point on
the Northerly line of Parcel One as shown on that Parcel Map.~'ecorded in Book 663 of Maps, at Page 13 & 14; thence Easterly along
· .last said line the following courses: S 81 °40'31" E 51.96 feet; S 88636' 15" E 106.95 feet; $ 82°07'31" E 58.68 feet; S 88°31'07" E
· 138.10 feet; N 85°39'47' E 77.49 feet; N 68°37'17" E 18(5.27 feet.; N 78O2 1 '30' E 81.37 feet to the Northeast comer of said Parcel
One; thence along the Easterly, Northerly, Easterly and Southerly links of said Parcel One, ,S 0036, E 387.99 feet; S 89°59'56" E
240.84 feet; S 0°08, E 400.00 feet to the Northwest corner of Parcel Three 0f said Parcel Map, said corner also being the Northwest
corner of Gilroy Annexation "$hape[l Reorganization 95-01"; thence S 0036. B along the East line of said Parcel One, being also along
the West line of last said Annexation, 839.38 feet to the Southeast corner of said Parcel One; thence N 89°52' 17" W along the South
line 'of said Parcel One, also being along the North line of last said Annexation, 1675.00 feet to the Southwest comer of said Parcel
One, last said corner lying on the East !ice of Parcel Four as shown on that Parcel Map filed in Book 494 of Maps, at Page 43, `santa
Clara CoUhty Records; thence Southerly along the last said Fast line, also being along the West line of last said Annexation, 4496.60
feet more or leas to the Southeast comer of Ranch Lot 8 as shown on Map No. 7 accompanying the final report 0fthe Referees in the
Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa
Clara; thence West along the South line of said Mt 8, 1254 feet to the Southeast corner of Parcel Two as shown on that Parcel Map
recorded in Book 650 of Maps, at Page 49, Santa Clara County Records; thence Westerly, Nor&erly and Easterly along the lines of
last said Parcel Two and Parcel One of last said Parcel Map, N 89043'35" W 3342.75 feet; N 9035'04" E 241.38 feet;
N 11°19' I7" W 59:19 feet; N 28"34'04' W 903.94 feet; N 37007'50" W 1159.52 feet; N 29O28'57" E 38.94 feet; N 47O21 '02" E
ANNEXATION
LANDS OF BoNFANTE ~
52.14 feet: N 63°49'41" E 1005. I feet: N 55°12'29'' E 117.12 feet: N 53"57'30" E 2 I0.63 feet: N 15:57'00" E 139.32 feet;
N 11°52'00" E 367.82 feet: N 15':01 '00' E 580.43 feet N 38°59'00'' E 264.98 feet: N 76o28'00" E 270.23 feet.; N 5 I026'53" E
13.43 feet: N $9°35, E 960.57 feet: N 0~25' W 8933 feet: and N 89°35' E 282.61 feet to the $outhw,~t corner of Pareel 'D' as
shown on that Certifcate Compliance (C. of C.) recorded December 5, 1995, Recorder's No. 13120499, Santa Clara County Records;
thence Northerly and Easterly along the W~terly and NoctheHy lines of said Parcel 'D', N 19°21'40" E 417.99 fe~c, N.76o19' 19" W
13.90 feet: N 17°40'40.' E 1089.46 feet: N 64~27'00'' E 208.60 feet to a Point on the N6rtheeaterly line of Pm'cel Two a~.shown on
that Parcel Map recorded in Book 494 of Mape, at Page 43, Santa Clara County Records; thence S 69Q43'49" E along last said line and
along the Northerly line of said Parcel 'D', 401.12 feet to the Southeastemmost comer of Parcel 'A' per said C. of C.: thence Northerly
along the Easterly line of said Parcel 'A', N 20Q16' E 194.80 feet: N 17014' W 810.00 feet and N 0009. E 419.62 feet to a point on
the South line of Lands of State of California per that Deed recorded in Bo~k 2627 O.R. 1271, Santa Clara Count)' Records: thence
along last said line the following courses: Westerly 91.8~. feet along a 1585 foot radit~ non-tangent curve to the Hght, having an
interior angle of 3°19' 12", N 54°07' W (tangent) 270.00 feet: N 60042'34" W 90.00 feet and N 29°17'26" E 4.00 f~et to a point on
the Southwest line of Hecker Pass Highway, .100 feet wide; thence N 60°42'34'' W along last said line, 241.57 feet more or less to a
point lying S 29° 17'26" W. from the Western most comer of that Record of Survey filed in Book 503 of Maps, at Page 16, Santa C.
County Records; thence N 29°I7'26'' E 100.00 feet to last said corner; thence N 23°11' E along the Northwesterly line of said Record
of Survey 135.78 feet to an angle point in said Record of Survey; thence along the lines of said Record of Survey, S 88°13' E 291.39
feet; N 1°47' E 64.46 feet and S 88039'04" E 433.45 feet to a point on the Northwest line of Lands of State of Califomin as shown on
said.Record of Survey; thence along lint said lands, N 37°18'09, E 25.70 feet; S 49018'40" E 808.83 feet and N 75°58':21" E 64.79
feet to a point on the Westerly line of Bun:hell Road, 40 feet wide; thence N 79°50'51" E 40.09 feet to an angle point in the EaSterly
line of Bm'cheil Road, said point lying On the Westerly line of the Ousley Park Annexation to the City of G/troy by Ordinance No. 607;
thence S 14°01'39'' E along last said line, 128.82 feet to an angie point in said line; thence S 65039'39" E along last smd line, 128.49
feet to the Point of B~ginning. Containing approximately 670 acres rnore or less.
DODGE & ASSOCIATES, SURVEYING
2341 Montezuma Drive
Campbell, CA 95008
408 379-3478 Fax 408 378-124
Rev. I - 9-25-98 - changed P.O.B.
J CKER PASS REORGANI TION
COURSE DATA
· 1. N 85~38'00' W '1341.75 feet
2. S 00°58'00" E 262.69 feet
3, S 50~2'00' W 25.01 feet
4. S 00°50'00" E 589.]0 feet
5. S 81°40'31" E 51.96 feet
6. S 8g°36'15' E 10~:95 feet
"?. $ 82°07'31" E 58.68 feet
8. S 88°3I'07" E 138.10 feet
9. N 85°39'47" E 77.49 feet
10. N 68°37'17" E 186.27 feet
Il. N 78~31'30" E 81.37 feet
12. $ 00°36'00" E 387.99 feet
13. S 89°59'56" E 240.84 feet
14. $ 00~08'00" E 400.00 feet
15. S 00°36'00" E 839.38 feet
16.' N 89°52'17" W 1675.00 feet
17, Sgutherly 4496.60 feet
18. West J254.00 feet
19. N 89°43'35" W 3342.75 feet
20. N 09°35'04" E 241.38 feet
21. N 11°19'17"W 59.19 feet
22. N 28°34'04" W 903.94 feet
23. N 37°07'50" W 1159.52 feet
24. N 29°28'57" E 38.94 feet
25, N 47~21'02" E 52.14 feet
26. "N 63°49'~.1'' E 1005.10 feet
27. N 55°12'29" E 117.12 fee~
28. N53°57'30''E 210.63 feet
29. N 15°57'00" E 139.32 feet
30. N 11°52'00" E 367.82 f~t
31. N 15°01 '00" E 580.43 feet
32. N 38o59'00" E 264.98 feet
more or less
mor~ or leas
more or leas
33. N 76~8'00" E 270.23 feet'
34. N $1~26'53" E 13.43 feet
35. N 89':35'00" E 960.57 feet
36. N 00°'25'00" W 89.33 feet
37. N 89035'00'' E' . 282.61 feet'
N 19°21"40"1~ _ 417.99'feet
39. N 76°19'1'9" W 13.90 feet
40. N 17°40'40'' E 1089.46 feet
41. N 64"27'00" E 208.60 feet
S 69'43'49'+ E 401.12 feet
N 20'16'00" E 194.80 feet
N 17~14'00'' W 810.00 feet
N 00'09'00" E 419.62 feet
42.
43.
44.
45.
46. R=I58Y p=3°19'12'' L=91.84'
47. N 54'07'00" W 270.00
48. N 60o42'34" W
49. N 29~17'26' E
50. N 60042'34" W
50A. N 29Q17'26'~E
51, N 23°I1'00'~ E
52. S 88'13'00" E
53. N 01°47'00" E
54. S 88'39'04' E
55. N 37°18'09:' E
56. S 49°18'40' E
57. N 75Q58'21" E
58. N 79~'50'51' E
59. S 14Q01'39"E
60. S 65~39'39' E
61. N 85~38'00" E
62. S 4~22'00" E
90.00 feet
4.00 feet
'241..5'7 feet more or leas
100.00 feet
135.78 feet
291.39 feet
64.46 feet
433.45 feet
25.70 feet
808.83 feet
64.79 feet
40.'09 feet
128.82 'feet
128.49 feet
20 feet more er leas
66.00 feet to P.O.B.
Rev. I - 9-25-98-changed F.O.B.
nECKER PASS REORGANIZATION
1998 - 01
Located in the County of Santa Clara, State of California, described as follows:
· Beginning at a point on.the Southerly line of Hecker Pass Highway, said point being atthe Northwest
comer of City of Gilroy Annexation 91-1, said point also being on the Southerly line of City of Gilroy
Annexation 77-5; thence S 80054' W along last said Southerly lines, 1,255.65 feet to the Southwest
comer of said Annexation 77-5; last said comer also being the SOutheast comer of City of Gflroy .
Annexation 80-3; thence continuing S 80°54, W along the southerly lines ~f Hecker Pass Highwayand
said Ar~. exation 80-3, 40.01 feet to an angle point therein; thence S 89°14' W along last said S6utheHy
lines, 714.48 feet to the Southwest comer of,said Annexation 80-3, also being the Southeast comer of
City of Gilroy Annexation 82-1; thence S 89019'42" W along the Southerly lines of Hecker Pass
Highway and Annexation 82-1, 1,238.53 feet to an angle point therein; thence S 89°33'00'' W along
last said lines, 784.63 feet to an angle point therein; thence N 88°59'46" W along last said lines, 618.32
feet to a point which is S 00°18' 19" E 66.02 feet from the Southeasterly comer of the Ousley Park
Addition, Ordinance No. 607; thence N 88043, W along the South line of Hecker Pass Highway and
Annexation 82-I, 392.34 feet to an angle point therein; thence S 85038, W 274.41 feet to the
Northwest comer of Parcel One as shown on that Parcel Map recorded in Book 380 of Maps at Page
42, Santa Clara County Records; thence along the Westerly and Southerly lines of said Parcel Map,
being the Easterly line of that property shown on the .Record of Survey recorded in Book 29 of Maps at
Page 16, Santa Clara County Records, and the Northerly lines as shown on that Parcel Map recorded in
Book 663 of Maps at Pages 13 and 14, Santa Clara County Records, the following courses:
S 00°58'00" E
S 50°02'00" W
S 00°50'00" E
S 81°40'31" E
S 88036' 15" E
S 82°07'31" E
S 88°31'07'' E
N 85°39'47"E'
N 68°37' 17" E
N 78°31'30" E
262.69 feet
25.01 feet
589.10 feet
51.96 feet
106.95 feet
58.68 feet
138. I0 feet
77.49 feet
186.27 feet
81.37 feet
to the Southeast comer of Parcel Four of last said Parcel Map, Book 380 of Maps at Page 42, also
being a Northeast comer of Parcel One of said Parcel Ivlap, Book 663 of Maps at Pages 13 & 14;
thence along the East, North and East lines of last said Parcel One:
S 00°36'00'' E
S 89°59'56' E
S 00008'00" E
387.99 feet
240.84 feet
400.00 feet
to the Southwestern most comer of Parcel Two of said Parcel Map, Book 663 of Maps at Pages 13 and
14, also being a Northwest comer of the City of Gilroy Annexation "Shapoll Reorganization 95-01";
thence along the ~outhJ~line of last said Parcel Two, last
last said ~nnexation:
N 80°47'5T' E
N 62030'40" E
N 57°03'40" E
N 80006' 10" E
63°19'00'' E
44°14'30" E
69°33'10' E
360O3'2O'' E
415.84 feet
325.10.feet
211.50 feet
475.20 feet
352.10 feet
69235 feet
182.00. feet
129.40 feet_
to the S~utheastem most comer of last sa~d.Parcel TWo; thence S 00°16'00'' E along the East li~ of
Parcel Three of last said Parcel Map, being along last said annexation line, 210.58 feet to an angle
point in last said line; thence Southeasterly along the Southwesterly line of ! ~nds of Goldsmith Seeds,
Inc., as shown on that Deed recorded in M943 of Official Records at Page 0035, Santa Cla~a County
Records, also being along the Northeasterly line of last said annexation, the following courses:
S 56°34'50'' E
S 33°23'50'' E
S 38042'00'' E
S 67°31'50" E
S 83°13'00" E
S 77°19'30" E
S 85°38'50'' E
102.10 feet
113.60 feet
60.95 feet
83.95 feet
110.30 feet '
196.05 feet
239.62 feet (Annexation says S 83°38'50' E)
to a point on the West line of Lands of Vauni as described in that Deed recorded in N900 of Officiai
Records at Page 0235, Santa Clara County Records; thence South along last said line, also being along
the last said annexation line, t30.20 feet to the Southwest comer of said Lands of Vanni; thence
S 89°55, E along the South line of said Lands of Vanni and the North line of last said annexation,
618.42 feet to the Southeast comer of said Lands of Vanni, also being the Southwest come~' of Lands of
Filice as described in that Deed recorded in K042 of Official Records at Page 659, Parcel Two, Santa
Clara County Records; thence S 89Q55' E along the South line of said Lands of Filice, also being albng
the North line of last said annexation, 562.32 feet to the Southeast comer of said Lands of Fflice, last
said comer being the Southwest comer of said Annexation 91-1; thence N6rth along the East line of
said ~_~nd of Filice, being along the West line of last said annexation, 2,681.50 feet to the Point of
Beginning. Containing appmx~nately 212.3 acres more or less.
DODGE & ASSOCIATES, SURVEYING
234l Montezuma Drive
Campbell, CA 95008
408 379-3478 Fax 408 378-1241
Rev. 1 - 9-25-98
added 1998-01
/t'F..CKER PASS REORGANIZATION
COURSE
I. S 80054, W 1,255.65 feet 22. $ 89059'56" E
2. S 80°54, W 40.01 feet 23. S 00008'00" E
3. S 89°14' W 714.48 feet 24. N 80°47'57" E
4. S 89°19'42" W 1,238.53 feet 25. N.62°30'.4Q."E
5. $ 89°33'.00" W 784.63 feet 26. N 57°03'40" E
6. N 88059'46" W 618.32 feet 27. N 80'06'10" E
7. N 88°43 W 392.34 feet 28. S 63°19'00''
8, NONE 29.
9. NONE 30. S 69°3Y10"E
10. S 85°38, W 274.41 feet 31. N 36°0Y20" E
1 i. S 00°58'00'' E 262.69 feet 32. S 00°16'00".E
12. S 50°02'00' W 25.01 feet _ 33. S 56°34'50''
13. S 00°50'00" E 589.10 feet 34. S 33°23'50"
14. S 81°40~31'' E 51.96 feet
35. S 38°42'00''
15. S 88°36' 15" E 106.95 feet 36. S 67°31'50" E
16. S 82°07'31"E 58.68 feet 37. S 83°13'00"E
17. S 88°31'0T'E 138.10 feet 38. S 77019'30"E
18, N 85°39'47" E 77.49 feet 39. S 85°38'50'' E
19; N 68°37'17"E 186.27 feet 40. South
20. N 78°31'30" E 81.37 feet 41. S 89055' E
21. S 00036'00" E 387.99 feet 42. S 89°55' E
43. North
240.84 feet
400.00 feet
415.84 feet
' 325.10 feet
21.1.50 feet
475.20 feet
352.10 feet
692.95 feet
182.00 feet
129.40 feet
210.58 feet
102.10 feet
1 i3.60 feet
60.95 feet
83.95 feet
110.30 feet
296.05 feet
239.62 feet
1.30.20 feet
618.42 feet
~62.32 feet
2,g81.50 feet
Rev. 1 - 9-25-98
added 1998-01
%
', I///
L.O
t
I
I
I
2341 9/.o,~.~m~z Dr.
conffoeI,, ~ 95oo8
NECKEf~ P, ZL~. R. EORGAi-,(iZ,qTOh,.' ~'- 98.ol
LIT'Y'
$~66T ?.. er 4-
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 98-20 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 21st day of December, 1998, at which meeting a
quorum was presem.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 5th day of January, 1999.
City Clerk of the City of Gilroy
(Seal)