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Resolution No. 2023-11 | Surplus Land Act - Gilroy Gardens Remaining Property | Adopted 02/27/2023
RESOLUTION NO. 2023-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DECLARING PURSUANT TO GOVERNMENT
CODE SECTION 54221 THAT REAL PROPERTY OWNED
BY THE CITY AT THE INTERSECTION OF CALIFORNIA
HIGHWAY 152 AND BURCHELL ROAD IS “SURPLUS
LAND” WITHIN THE MEANING OF THE SURPLUS LAND
ACT, FINDING THAT SUCH DECLARATION IS EXEMPT
FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
TAKING RELATED ACTIONS
WHEREAS, the City of Gilroy is the owner in fee simple of that certain real property
comprising of approximately 194 acres, more or less, of land located near California
Highway 152 and Burchell Road, Assessor’s Parcel Nos. 810-17-024, -026, -029, -030, -
031, 810-19-007, -010, -011, a portion of 810-19-014, and a portion of 810-18-013; as
depicted in Exhibit A, attached hereto and made a part hereof by this reference (the
“Property”); and
WHEREAS, the property is currently zoned Highway Commercial with a land use
designation of Visitor Serving, with the exception of Parcel 810-18-013 which has both a
land use designation and zoning of Open Space . The property is currently used for a
family theme park with adjacent undeveloped hillside terrain which is generally unusable
in its current condition for any of the City’s current governmental operations; and
WHEREAS, under the Surplus Land Act, Government Code Section 54220, et.
seq. (the “Act”), surplus land is land owned in fee simple by the City for which the City
Council takes formal action in a regular public meeting declaring the land is surplus and
not necessary for the City’s use; and
WHEREAS, prior to disposing of land that is not necessary for the City’s use, the
City Council is required to declare that the land is either surplus land or exempt surplus
land; and
WHEREAS, the Property is not currently being used by the City, and City staff has
determined that it is not suitable for the City’s use; and
WHEREAS, the Property is not exempt surplus land in the that none of the
circumstances stated in Government Code Section 54221(f) applies; and
WHEREAS, the City Council desires to declare the Property surplus land and not
necessary for the City’s use, due to the nature of the terrain as mentioned above, and the
high cost for placing city facilities or infrastructure at the location, at the extreme end of
the City’s current limits; and
Resolution No. 2023-11
Surplus Land Act – Gilroy Gardens Remaining Property
City Council Regular Meeting | February 27, 2023
Page 2 of 5
WHEREAS, the Act requires that before the City Council disposes of the Property
or engages in negotiations to dispose of it, the City shall send a written Notice of
Availability of the Property to certain designated parties; and
WHEREAS, the accompanying staff report provides supporting information upon
which the declaration and findings set forth herein are based; and
WHEREAS, the City Council’s action in adopting this resolution is exempt from
review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that declaring the
Property surplus and directing staff to issue a written Notice of Availability will not have a
foreseeable significant effect on the physical environment in that the City has not
committed the Property to any particular use at this time, predicting the impacts of any
future use of the Property following its disposition by the City would be wholly speculative,
and none of the circumstances in CEQA Guidelines Section 15300.2 applies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
as follows:
1. That the City Council finds that the foregoing recitals are true and correct.
2. That the City Council hereby declares that the Property is surplus and not
necessary for the City’s use.
3. That the City Clerk is hereby directed to send a Notice of Availability to the
entities designated in Government Code Section 54222. The Notice of
Availability shall be sent in a manner set forth in Section 201 of HCD’s
Surplus Land Act Guidelines.
4. That the officers and staff of the City are authorized hereby to do all things
necessary or proper to effectuate the purposes of this Resolution, and that
any such actions previously taken are hereby ratified and confirmed.
Resolution No. 2023-11
Surplus Land Act – Gilroy Gardens Remaining Property
City Council Regular Meeting | February 27, 2023
Page 3 of 5
PASSED AND ADOPTED this 27th day of February, 2023, by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Mar 1, 2023 10:17 PST)
Marie Blankley
Resolution No. 2023-11
Surplus Land Act – Gilroy Gardens Remaining Property
City Council Regular Meeting | February 27, 2023
Page 4 of 5
EXHIBIT A
DEPICTION OF THE PROPERTY
Resolution No. 2023-11
Surplus Land Act – Gilroy Gardens Remaining Property
City Council Regular Meeting | February 27, 2023
Page 5 of 5
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that th e
attached Resolution No. 2023-11 is an original resolution, or true and correct copy of a
city R esolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said held on Council held Monday, February 27, 2023, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Monday, February 27, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy