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Resolution 1996-68 . . .- RESOLUTION NO. 96-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING SOUTHS IDE REORGANIZATION 96-01 BY ANNEXATION OF A PARCEL TOTALING APPROXIMATELY 64.54 ACRES CONTIGUOUS TO THE CITY OF GILROY AND DETACHMENT FROM SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND SANTA CLARA COUNTY OPEN SPACE AUTHORITY, A 96-01 WHEREAS, pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, a petition signed by the owner of the land within the territory proposed to be annexed was filed with the City of Gilroy requesting annexation of territory to the City and detachment from the South Santa Clara County Fire District and Santa Clara County Open Space Authority, which territory is more fully described in Exhibit "A" which is attached hereto and incorporated herein by this reference; and WHEREAS, the territory proposed to be annexed is unincorporated territory within Santa Clara County which is within the Urban Service Area of the City so that, pursuant to California Government Code section 56826, the Santa Clara County Local Agency Formation Commission ("LAFCO") shall not review this reorganization, and the City Council is the "Conducting Authority" for the reorganization; and WHEREAS, pursuant to Government Code section 56837, when all of the owners of land within the affected territory have petitioned for said reorganization, then the Conducting Authority may conduct proceedings for the reorganization without notice and hearing or an election; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an environmental impact report ("EIR") has been prepared under the City's direction and control for this site which considers the subject annexation and requests for pre-zoning (Z 96-02) and General Plan Amendment (GPA 95-02) to industrial; and \RPJ\323991.01 64-112204706002 -1- RESOLUTION NO. 96-68 . . .. WHEREAS, the City Council held a duly noticed public hearing on October 28, 1996 and has considered all of the evidence and testimony presented in regard to the reorganization, including the staff report dated October 21, 1996; and WHEREAS, the location and custodian of the evidence, documents or other material which constitute the record of the proceedings upon which this action is based is: City Clerk, 7351 Rosanna Street, Gilroy, California 95020; and WHEREAS, the affected land is contiguous to the City of Gilroy, making annexation a logical extension of City limits to lands whose use and development the City should control and making detachment a logical transfer of fire services from a county entity to the City and further making detachment of the property from the Santa Clara Open Space Authority because property located wi thin the City limits is not within the juriSdiction of that Authority; and WHEREAS, the regular county assessor's roll will be used for taxes and assessment in the lands to be annexed; and WHEREAS, on October 28, 1996, the City Council denied the requested pre-zoning and General Plan Amendment to industrial categories, so that the current OS (Open Space) designation will remain in effect because Zoning Ordinance Section 3.50(b) provides that all annexed lands shall be designated OS (Open Space) unless otherwise classified; and WHEREAS, on October 28, 1996, the final EIR was presented to the decisionmaking body of the lead agency, and the City Council reviewed and considered the information contained in the final EIR; and WHEREAS, the City Council found that the final EIR was completed in compliance with CEQA and reflects the independent jUdgment of the City. \RPJ\323991.01 64-112204706002 -2- RESOLUTION NO. 96-68 . . NOW, THEREFORE, BE IT RESOLVED THAT: A. The city Council hereby finds: 1. The City has taken all actions required by CEQA and makes the findings set forth in Exhibit "B" attached hereto and incorporated herein by this reference. 2. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the potentially significant effects on the environment described in the ErR for this project, which changes are set forth in greater detail in Exhibit "B". B. The City Council hereby further finds as follows: 1. The unincorporated territory proposed for annexation is wi thin the City of Gilroy's Urban Service Area as adopted by LAFCo. 2. The County Surveyor has determined the boundaries of the proposed annexation to be definite and certain and in compliance with the road annexation policies as adopted by LAFCo, all as set forth in Exhibit "A" attached hereto, 3. The proposed annexation will not split any line of assessment or property ownership. 4. The proposed annexation will not create any islands or areas in which it would be difficult to provide municipal services. 5. The proposed annexation is consistent with the City of Gilroy's General Plan. 6. The unincorporated territory proposed for annexation is contiguous to existing City limits. 7. The City has complied wi th all conditions imposed by LAFCo for inclusion of the territory in the Urban Service Area of the City. 8. The landowners owning all of the land wi thin the uninhabited territory support the annexation and there is no timely filed protest to this action. \RPJ\323991.01 64-112204706002 -3- RESOLUTION NO. 96-68 . . .. 9. The herein described reorganization is in full accordance with the Cortese-Knox Local Government Reorganization Act of 1985, and Government Code section 56826 which is part thereof. BE IT FURTHER RESOLVED THAT the lands described herein are hereby ordered to be annexed to the City of Gilroy, which lands shall be designated OS (Open Space) pursuant to Zoning Ordinance Section 3.50 (b) . BE IT FURTHER RESOLVED THAT the lands described herein are hereby ordered detached from the South Santa Clara County Fire District and the Santa Clara County Open Space Authority. BE IT FURTHER RESOLVED THAT pursuant to Government Code section 52200, the City Clerk shall submit forthwith a certified copy of this resolution and the fees required by Government Code section 54902.5, collected from the applicant, to the executive officer of LAFCo. PASSED AND ADOPTED this 18TH day of November, 1996 by the following vote: AYES; COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: J~#'Y ~h E. Steinmetz, City \RPJ\323991.01 64-112204706002 -4- RESOLUTION NO. 96-68 county of ~ Clara . Environmemal Resources Agency 611i1dlng InspectionlLand Development Engineering and Surveying COl.1nry Governmenr Ccn.er. East WIng 70 Wesl Hedding sm:el. 7th Floor san Jose, califomia 95 1 10 BkJg. lnspec. 1..uJB) 2D9-235J .Land [)eve!. 2gg..2BTJ FJ"\X 279-8537 May 13, 1996 Susanne E. Steinmetz, Gty Oerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 The attached revised map and description dated May 1, 1996 of territory proposed for annexation to the City of Gilroy entitled SOtITHSIDF. REORGANIZA nON 96-01 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 armexation policies. ~0"-z4 .iJ. ~~ MARTIN D. MARCOTT, County Surveyor Attachment cc:: LAPCO Executive Officer (w / attachment) EXHIBIT A 8omc1 of SllP(,'l"\.'ISors; I\licJ'Ii'l~11\1. Honc:1C1. 812lnca ,~J\7'1ra(lo, Ron GonZales. J<:\nlts T. Bl"'all Jr.. Dii'lnrif" ,'lc~e"nl1n COUIU\' E.~l"I...'JtiVt....: RiCl1cud \\'iTl~nberg s . . EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION TO THE CITY OF GILROY SOUTHSIDE REORGANIZATION 96-01 All that certain real property situate in the County'of SRnta Clara, State of California, described in the deed from the Estate of Elsie Rush to the Shriner's Hospital for Crippled Children, Santa Clara County Recorder's Document 8194529, and the lands of the Southern Pacific Transportation Company located between the Third Southern Addition to the City of Gilroy and the South Monterey Reorganization 91-02, more particularly described as follows: Beginning at the southerly corner of the Luchessa Avenue Annexation 80-1 on the easterly right of way of the Southern Pacific Transportation Company, said point being the westerly corner of the said lands of the Shriner's; thence northwesterly, along the easterly line of said Southern Pacific Transportation Company (100 feet widel and the southwesterly line of the Luchessa Avenue Annexation 80-1, along the arc of a curve to the right with a radius of 17,139 feet, through a central angle of 06049'16", an arc length of 2040.41 feet to the southeasterly line of the Fourth Southern Addition Annexation, Resolution No. 896; thence along the westerly line of said annexation, and continuing along the easterly right of way of said Southern Pacific Transportation Company, northwesterly along the arc of a 17,139 foot radius curve deflecting to the right, 650 feet mOre or less to the point of intersection with the southerly line of said Third Southern Addition Annexation; thence westerly along said southerly line, 110 feet more or less to the easterly line of the South Monterey #1 Annexation 71-3 to the City of Gilroy and the westerly line of said Southern Pacific Transportation Company; thence southeasterly along said easterly annexation line and said westerly line of said Southern Pacific'Transportation Company, along the arc of a 17,239 foot radius curve deflecting to the left, 401 feet more or less to the most northerly corner of the Nob Hill Reorganization 82-2; thence along the common line of said reorganization and said lands of the Southern Pacific Transportation Company, 2194 feet more or less to the most northerly corner of the South Monterey Reorganization 91-02; thence along the easterly line of said reorganization and continuing along said westerly line of the lands of the Southern Pacific Transportation Company, S 4r32' 21" E, 1134.84 feet more or less to the westerly prolongation of the southerly line .of said lands of Shriner's; thence continuing along said anne~ation South Monterey Reorganization 91-02 and said . . westerly prolongation, N 7~E. 110 feet .ore or less to the easterly right of way of the Southern Pacific Transportation Company and the northerly line of the Sever Farm ~o. 1 Reorganization 83-5; thence along ~he common line of said reorganization and said Lands of Shriner's. N 72DE, 2709:11 feet to the easterly line of the Lands of Shriner's and the westerly line of Parcell of the Sever Farm Number 5 Annexation 79-4; thence along said common line, N 32015' W, 1023.08 feet; thence leaving said Sewer Farm Number 5 Annexation 19-4, S 720W, 1219.26 and N 32" OS' W, 10.00 feet to the southerly line of Luchessa Avenue' Annexation 80-01; thence along the southerly line 'of said '. annexation, S 72D W, 1714.02 feet to the point of beginning- and containing 70.7 acres more or less. 02/22/96 WHisk Revised 5/1/96 . , I ./ ;0. ~ I~ . ~ ~ I .. !'.' . . . n>" .. ~ t . >"'~ > . "'",.. z ="0 c: : m '" Ol 0"'" ~ " Ox ..~Ol >: :D =l in Zz'" 0 ......~ .... '" < -i ""'" ~ '" " Z ... 0 .- .... ~ 0 '" if: ell :Ol .. ",t: .. m ::j n 1: .... c "'.. c ... '" 0 n.... ~ '" :>- :D 0 S '" z " ~z .. Z 0 ~ "'~ :::. 0 m ::a "", .. X :>- w " :>- --t .... n o~ - .. --t m ~ ~ 0 "'.... ~ .. 8s .. z ,'" <'" ~ '" n~ g 0" ~g .... ,.. 0" '" ...'" .. - .. Ol - ~~~ >.., . ..-- "0 I . '.' "':; '\ o . I .. ~ ~... I .i i I I , I I I J I I , , \ o."tl~;: ......0<";1:1 ':'" poliO S=l:""joooIl ..0 '" )(~jl" C"NI '"-I = >;~~ ~ "'.. ~ .... " .. ... '" ~ >.~" ::.or".l, ~ ..:~; 5i !.- ~ o '" .. 2 .. ~ .. 0 ..... =-a ~ ~~ '" ,,,. '" l'I'l twu,"~~ ~~:!~~ ~ ~O~:i ;::: ':""~""' ~ aQ> 'C:l - ...... o "..... ,. "0 ~ 0: ~ ..... b '" , ~ ,. " . . EXHIBIT "B" FINDINGS OF THE CITY COUNCIL OF THE CITY OF GU-ROY PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PERTAINING TO ANNEXATION 96-01, A PROJECT FOR WHICH AN ENVIRONMENTAL llvlPACT REPORT HAS BEEN PREPARED FOR THE SHRINER'S HOSPITAL PROPERTY The project analyzed in the Environmental Impact Repart is Cl1'I amendment to the City of Gilroy's General Plan for property presently located in an unincorporated portion of Santa Clara County, contiguouS to the Gilroy city limits. The silit is within the flVe-year planning area (urban service area) of the City. The project proposed to change the land use designation on the 64.54 acre site from Open Splice to Genertd In~stTitd so as to allow the development of industrial uses on the property. The discretionary actions requtred to allow dewlopment of the site as described above, included: annexation, prezoning and a General Plan Amendment. The City Council, however, denied the General Plan Amendment and prezoning to industrial categories~ The project now consists only of annexation of the 64.54 acre site into the City of Gilroy. The site would remain deslgnalitd for Open Space uses~ Pursuant to California Public Resources Code section 21081, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more potentially significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes specified findings with respect to each potentially significant effect~ The City Council finds that two potentially significant effects ~could result from the approval of this project and that substantial evidence in the record supports the required findings as set forth below: l~ AGRICULTURAL CONSIDERATIONS Potential SiI"nificant Effect: The site is currently in agricultural use. The annexation of the project site into the City of Gilroy would give the City of Gilroy jurisdiction over the project site, which would allow the City to regulate the use of the project site including the possible future conversion of the site to urban uses While the City's jurisdiction over the project site alone would not cause the conversion of the project site to other uses, annexation may facilitate future conversion of the project site to urban uses earlier than would occur if the project site were not annexed into the City. Conversion of the project site to urban uses and potential future development of the site could result in a potentially significant impact involving the loss of agricu1turalland. Mitigation or Avoidance: The City denied the applicant's requests to amend the General Plan and prezone the property to industrial categories. The project site will be annexed under the General Plan category of Open Space and with a zoning designation of Open Space. Under these designations the project site cannot be developed for urban uses. Development on the project site \RFJ\J2~:Jll.O' 6:J.11 , 304706002 -1- txH1BlT B . . would require approval of a General Plan amendment and rezoning to change the land use designation on the property to urban uses and approval of development permits, which may require subsequent environmental review. which EIR. Finding: Changes or alterations have been required in or incorporated into the project avoid or substantially lessen the significant environmental effect as described in the final IT GROWTH-INDUCING IMPACTS Potcntial Si!!l1ificant Effect: The annexation of the project site into the City of Gilroy would give the City of Gilroy jurisdiction over the site, which would allow the City to regulate potential futurc development on the site, including development of any future infi'astructure and utilities on or through the project site. While the City's jurisdiction over the project site alone would not cause development on or through the project site, annexation may facilitate future approval for development and may cause infrastructure and utilities to be constructed on or through the project site earlier than would occur if the project site were not annexed into the City. Future construction of infrastructure, such as Eastside Boulevard, on or through the project site could result in a potentially significant growth-inducing impact to the project site, as well as to property located directly to the south of the site. Mitigation or Avoidance The City denied the applicant's requests to amend the General Plan and prezone the property to industrial categories. The project site will be annexed under the General Plan category of Open Space and with a zoning designation of Open Space. Under these designations the project site cannot be developed for urban uses. Development on the project site would require approval of a General Plan amendment and rezoning to change the land use designation on the property to urban uses, and approval of development permits which may require further environmental review. The extension of infrastructure or utilities on or through the site are not a part of the project as now approved, that is, the annexation only. Findinll: Changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental 'effect as described in the final ErR. Based on the above findings, no mitigation/monitoring program is required since the avoidance or mitigation of significant effects was caused by altering the project itself to include only annexation. The proposal for change in designation from Open Space to industrial uses was denied IRPJ\324039.01 63-111304706002 -2- . i i . . , ,- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do I , hereby certify that the attached Resolution No. 96-68 is an original resolution, duly adopted by the Council of the city of Gilroy at a regular meeting of said Council held on the 18th day' of November ,19--2L, at which meeting a quorum was present. j ; ! IN WITNESS WHEREOF, I have hereunto set my hand and affixed the I Official Seal of the City of Gilroy this 19th I day of November 19 96. (Seal)