Resolution 1996-68
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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
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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.
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RESOLUTION NO. 96-68
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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.
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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
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RESOLUTION NO. 96-68
county of ~ Clara
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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.
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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
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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
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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
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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
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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
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
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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.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
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Official Seal of the City of Gilroy this 19th I day of November
19 96.
(Seal)