Resolution 1998-63
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RESOLUTION NO. 98-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A PARTIAL TENTATIVE
CANCELLATION OF A WILLIAMSON ACT CONTRACT
INVOLVING APPROXIMATELY 3.84 ACRES, A PART OF 810-
23-007.
WHEREAS, on November 21, 1975, the County of Santa Clara and Louis, Richard,
and Salvatore Masoni entered into a Williamson Act Contract, Number 76-023, recorded at Book
874, page 512 of the Official Records of Santa Clara County, covering 11.21 acres, APN 810-23-
007, pursuant to the California Land Conservation Act of 1965 ("Williamson Act"), California
Government Code section 51200 et seq.; and
WHEREAS, in 1987, Louis, Richard, and Salvatore Masoni transferred the 11.21
acres subject to the Williamson Act Contract to Gilroy Presbyterian Church ("Applicant"); and
WHEREAS, in 1996, the City of Gilroy annexed the 11.21 acres subject to the
Williamson Act Contract, and thus assumed responsibility for the Contract pursuant to California
Government Code section 51235; and
WHEREAS, pursuant to California Government Code section 51245, Applicant by
letter to the City of Gilroy dated February 2, 1998, submitted a Notice ofNonrenewal for a portion
of the property subject to the Williamson Act Contract, approximately 3.84 acres, located south of
Santa Teresa Boulevard, between Miller Avenue and Mesa Road, as shown and described on the
map and legal description attached hereto as Exhibits A and B and incorporated herein by this
reference; and
WHEREAS, Applicant by letter to the City of Gilroy dated February 3, 1998,
submitted a petition in accordance with California Government Code section 51282, to cancel the
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RESOLUTION NO, 98-63
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part of the Williamson Act contract covering the 3.84 acres; and
WHEREAS, the County Assessor pursuant to California Government Code section
51283, has determined and certified that the cancellation fee is $37,500, and;
WHEREAS, the City Clerk, pursuant to California Government Code section
51284, forwarded to the Director of Conservation notice of the hearing and a copy of the
landowner's petition at least 10 working days prior to the hearing; and
WHEREAS, the City Council held a duly noticed public hearing on October 5,
1998, at which time the City Council considered public testimony, the Staff Report dated
September 15, 1998, and all other documentation on the project; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this tentative cancellation approval is based is the
office of the City Clerk..
NOW, THEREFORE, BE IT RESOLVED THAT
A. The City Council hereby finds as follows:
1. The cancellation fee to be paid by the Applicant to the county assessor as
deferred taxes upon cancellation shall be $37,500.00,
2, The cancellation is consistent with the purposes of the Williamson Act, pursuant
to California Government Code section 51282(b):
a, The cancellation is for 3.84 acres of land for which a Notice of
Nonrenewal was recorded on March 30, 1998.
b. The cancellation is not likely to result in the removal of adjacent lands
from agricultural use. The 3.84 acres is located in an urbanized area.
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RESOLUTION NO. 98-63
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No other property within the immediate vicinity of the 3.84 acres is
presently used for agricultural purposes.
c. The cancellation will result in the development of single family homes on
the contracted land. This proposed land use complies with the General
Plan land designation for this property.
d, The cancellation will not result in discontiguous patterns of urban
development. The property located immediately southeast of the
contracted land is occupied by the Gilroy Presbyterian Church. The
remainder of the property surrounding the contracted land is currently
being developed, or is proposed for development, as residential.
Development of this property will serve as "infill" in an already
urbanized area.
e. The partial cancellation of this contract will result in more contiguous
patterns of urban development than development of proximate
noncontracted land. No other noncontracted land in the vicinity of the
contracted land is situated in the middle of aggressive development on
all sides, and ideally situated for a small, single family residential
development as proposed.
3, The cancellation is in the public interest, pursuant to California Government
Code section 51282(c):
a. The public interest In the contiguous development of land, and
construction of new housing, substantially outweighs the objectives of the
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RESOLUTION NO, 98-63
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Land Conservation Act of 1965. The 3.84 acres is not, nor is it likely to
be, used for the type of agricultural purposes for which the Land
Conservation Act was approved by the State Legislature, nor can it
support such uses.
b. There is no proximate noncontracted land which is both available and
suitable for the use to which the 3.84 acres is proposed. The 3.84 acres is
ideal for housing development because it is located in the middle of other
proposed residential developments in an urbanized area.
4. California Government Code section 51282(d) requires that there is no other
reasonable or comparable agricultural use to which the land may be put in order
to cancel a contract. Although once used as a prune orchard prior to applicant's
purchase of the property, the soil has been rated as poor for agricultural use, and
can thus no longer be economically used for agricultural purposes.
B. Tentative cancellation of Williamson Act Contract No. 76-023 should be and
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hereby is approved subject to:
1. The two (2) conditions set forth in the Staff Report dated September 15, 1998,
which read as follows:
a. The applicant shall be required to pay all legal fees and staff fees incurred
by the City of Gilroy related to this project.
b. The applicant shall pay the required cancellation fee to the County
Treasurer.
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RESOLUTION NO. 98-63
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2, The conditions set forth in Government Code section 51283.4.
C. The City Clerk is hereby directed to:
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86-111104706002
1. Record with the County Recorder a certificate of partial tentative cancellation
which shall include condition "a" above and the following two conditions,
pursuant to Government Code section 51283.4:
a, The landowner must make payment in full of the cancellation fee. If the
landowner fails to notify the City Council within one year that it has
satisfied this condition, the amount of the cancellation fee shall be
recalculated as of the date the notice is given to the City Council that it
has satisfied the conditions or contingencies enumerated in the certificate
of partial tentative cancellation.
b. The landowner must obtain all permits necessary to commence the
project.
2. Publish notice, within 30 days of the tentative cancellation of the contract, of
the City Council's decision, including the date, time, and place of the hearing,
a general explanation of the decision, the findings made pursuant to the Land
Conservation Act, and a general description, in text or by diagram, of the land
under contract, as a display advertisement of at least one-eighth page in at
least one newspaper of general circulation in the city.
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RESOLUTION NO. 98-63
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3. Forward to the Director of Conservation within 30 days of the tentative
cancellation of the contract, a copy of the published notice as described above.
PASSED AND ADOPTED this 16th day of November, 1998 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, GILROY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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Rhon a Pellin, City Clerk
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RESOLUTION NO. 98-63
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. 11/B511998 1~=11
411BB47B6l:iiB
A&ARCIA INJ JoEMiY IN
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S.~i:n~n~ &~ aD 1ren pipe ma~kiD' ~he .os~ northerly
corner a~ the LaDes at San 308e Pre.b~er7 as .hoWft on
t.h.t certaa Reoord ct S1u''Ve7 recorded in Baak S18 of
K.'P., pall- 23 ~ S&11t& Clara Ca~t,. recerda; thenc. aJ.ODC'
the northerly 1iAc af said laRas, beine also the .ou~herlT
line at S.n~a Tere.. Boulevard. S SO 22' 58". E~ 587.25
feet.; thence leav1DC sai.d. nor'ther17 liAe, S 39 32" 38" W,
396.64 t..~ ~o ~he ~o1ft~ at in~erseatiaD .ith t.n.
Dortherl~ line of Miller Avenue &8 .hewn an said Recora of
S~rv~ aDd de.orib.d in the :rant deed tro. said
PresbTterY to the Counuy or Sant.a Clara recorded in Book.K
~49 of Official ReeardB~ pa~e 193, ~co~da of Saata Olara
COlUltY';
~h.nc. aloft4 .aid northerly line or Killer AVenue ~he
fol1owinc courses and dista:ces:
K 41 00' 00" ~~ le8.~0 feet;
K 42 10' 21" w. 291.41 tee~;
thence leavi~ said DortherlT liDe. ~ 40 11' JS~ E, ll.32
reet; t.henc. &lone ~he ~e.~erlY l~n. o~ said laud. Q~ ~h.
San 3a.. Preab~.r~, N 00 D6' 51- E. 291.37 teet to the
poi:~ o~ b.~iDR1ng and contai~i~ 3.84 acres o~ ~aDd-aore
or le.s.
1127/98
wh: sit'
PAfiE 112
EXHIBIT B.
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 98-63 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 16th day of November, 1998, 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 24th day of November, 1998.
(Seal)