Resolution 2005-08
RESOLUTION NO. 2005-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY MAKING CERTAIN FINDINGS AND APPROVING
THE REORGANIZATION OF TERRITORY DESIGNATED
"THOMAS ROAD REORGANIZATION NO. 02-01" PURSUANT
TO APPLICATION NO. A02-01 TO ANNEX APPROXIMATELY
10.6 ACRES AT 6151 THOMAS ROAD, CONTIGUOUS TO THE
CITY OF GILROY, AND APPROVING DETACHMENT OF
SAID TERRITORY FROM THE COUNTY OF SANTA CLARA,
SOUTH SANTA CLARA COUNTY FIRE DISTRICT AND
SANTA CLARA COUNTY OPEN SPACE AUTHORITY
WHEREAS, the City Council of the City of Gilroy ("City") received an application for
annexation of certain territory designated "Thomas Road Reorganization No. 02-01" to the City and
detachment of said territory from the County of Santa Clara, the South Santa Clara County Fire
District and the Santa Clara County Open Space Authority pursuant to Application No. A02-01
from the applicant, the Church of Jesus Christ of Latter Day Saints; and
WHEREAS, the property, located at 6151 Thomas Road and contiguous to the city limits
on the western side of Thomas Road between Vinca Court and Alder Street; includes
approximately 10.6 acres, identified as APNs 808-39-066, 808-21-024 and 808-21-025 plus
Thomas Road right-of-way, which territory is more fully described in the legal description and map
attached hereto as Exhibits "A" and "B" and incorporated herein by this reference; and
WHEREAS, the territory proposed to be annexed is unincorporated territory within the
City's urban service area; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
have consented in writing to this annexation; and
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Resolution No. 2005-08
WHEREAS, all affected local agencies that will gain or lose territory as a result of this
reorganization have consented in writing to a waiver of protest proceedings; and
WHEREAS, the unincorporated territory proposed for annexation is not under a State
Williamson Act contract; and
WHEREAS, the proposed annexation IS consistent with the orderly annexation of
territory within the City's Urban Service Area and is consistent with the City's policy of
annexation and extending City services; and
WHEREAS, Section 56757 of the California Government Code states that the Local
Agency Formation Commission ("LAFCO") shall not review an annexation proposal to any city in
Santa Clara County of unincorporated territory which is within the Urban Service Area of the city if
the annexation is initiated by resolution of the legislative body; and
WHEREAS, the City Council held a duly-notice public meeting on October 18, 2004, at
which the City Council considered all of the evidence presented in regard to the reorganization,
including the Staff Report dated September 23, 2004, and the Supplemental Staff Report dated
October 8, 2004; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on October 18, 2004, considered a mitigated Negative Declaration dated December 13,
2002, for this project and determined to delete mitigation measure #8 because mitigation measure
#7 adequately addresses the same issues in requiring preparation of a storm water pollution
prevention plan; and
WHEREAS, also pursuant to CEQA, the City Council on October 18, 2004, adopted said
mitigated Negative Declaration for this project with eleven (11) mitigation measures and the
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Resolution No. 2005-08
Mitigation Monitoring Checklist, finding that the Negative Declaration was completed in
compliance with CEQA, that it reflects the independent judgment of the City, and that there is no
substantial evidence in the record that the project as mitigated will have a significant effect on the
environment; and
WHEREAS, on October 18, 2004, the City Council adopted Ordinance No. 2004-20 to
prezone the territory proposed for annexation to R1-PUD (Single-Family Residential - Planned
Unit Development) and PF (Park/Public Facility), which zoning will be effective when, and only
if, annexation to the City becomes effective.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT
1. The City Council is the conducting authority pursuant to Section 56757 of the
Government Code for the annexation pursuant to Application No. A 02-01 of the property
designated "Thomas Road Reorganization No. 02-01," more particularly described in Exhibit
"A" and "B."
2. The City Council hereby finds as follows:
(a) The unincorporated territory proposed for annexation is within the City of
Gilroy's Urban Service Area as adopted LAFCO.
(b) 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.
(c) The proposed annexation will not split any line of assessment or property
ownership.
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Resolution No. 2005-08
(d) The proposed annexation will not create any islands or areas in which it
would be difficult to provide municipal services.
(e) The proposed annexation is consistent with the City of Gilroy's General
Plan.
(f) The unincorporated territory proposed for annexation IS contiguous to
existing City limits.
(g) The City has complied with all conditions imposed by LAFCO for
inclusion of the territory in the Urban Service Area of the City.
(h) The unincorporated territory proposed for annexation is not under a State
Williamson Act contract.
(j) The herein described reorganization is in full accordance with the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000, and Government Code section
56757 which is part thereof.
3. That said annexation of the territory designated "Thomas Road Reorganization
No. 02-01" is hereby ordered without notice, hearing or election and without any further protest
proceedings pursuant to Government Code section 56663.
BE IT FURTHER RESOLVED THAT upon completion of these reorganization
proceedings, said territory as described herein is hereby ordered to be annexed to the City of
Gilroy and detached from the County of Santa Clara, the South Santa Clara County Fire District
and the Santa Clara County Open Space Authority.
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Resolution No. 2005-08
BE IT FURTHER RESOLVED THAT the lands described herein are given a zoning
designation of R1-PUD (Single-Family Residential - Planned Unit Development) and PF
(Park/Public Facility).
BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings
the territory reorganized will be taxed on the regular county assessment roll, including taxes for
existing bonded indebtedness.
BE IT FURTHER RESOLVED THAT pursuant to Government Code section 56756, the
City Clerk shall submit forthwith a certified copy of this resolution and the LAFCO filing fees
plus the State Board of Equalization fees required by Government Code section 54902.5,
collected from the applicant, to the executive officer ofLAFCO.
PASSED AND ADOPTED this 7th day of February, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
~~
Albert Pinheiro, Mayor
-
ATTEST:
~-~.
Rhonda Pellin, City Clerk
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Resolution No. 2005-08
EXHIBIT "A"
ANNEXATION TO THE CITY OF GILROY
"THOMAS ROAD REORGANIZATION 02-01"
All that real property situated in the County of Santa Clara, State of California,
and being all of the Lands described in that certain Individual Grant Deed, David
McCarthy and Nancy McCarthy, husband and wife to Corporation of the Presiding
Bishop of the Church of Jesus Christ of Latter - Day Saints, a Utah Corporation Sole,
filed for record on July 5, 1988, in Document Number 9746010 at the Office of the
Recorder of Santa Clara County and a portion of Thomas Road (40- foot wide) and Lot 9
as said right-of-way and Lot are shown on that certain Map entitled, "Map of Massey
Thomas Senior Subdivision of Las Animas Ranch Lot No. 15", filed for record on April
15, 1893 in Book G of Maps at Page 59 at said Office of the Recorder of Santa Clara
County, and being more particularly described as follows:
BEGINNING at the northwesterly corner of said Lands described and in
Document Number 9746010, said point being coincident with a corner of the existing
City of Gilroy city limit's line, as established by the annexation entitled, "Thomas - Mesa
Annexation 69-1 to the City of Gilroy", as adopted by the Council of the City of Gilroy
on February 3, 1969, as Resolution No. 1315; thence coincident with said city limit's line
the following six courses; East, a distance of 860.11 feet; thence North, a distance of
2,074.65 feet; thence North 68000'00" East, a distance of 145.86 feet; thence South
49000'00" East, a distance of 323.40 feet; thence continuing southeasterly, South
49000'00" East, a distance of 30.78 feet; thence South 89002'00" East, a distance of
440.09 feet to the westerly line of the annexation entitled "Thomas - Monterey
Annexation 76-8"; thence coincident with said line, South 00002'56" East, a distance of
19.80 feet to the southerly right-of-way line of West Luchessa Avenue (formerly Thomas
Road, 39.6-foot wide), as said right-of-way is shown on that certain Map, entitled "Map
of Massey Thomas' senior Subdivision of Las Animas Ranch Lot No. 15", filed for
record on April 15, 1893 in Book G of Maps at page 59 at said Office of the Recorder of
Santa Clara County; thence coincident with said right-of-way line, South 89002'00" East,
a distance of 419.51 feet to a point of curve to the left having a radius of 1090.00 feet and
a central angle of 17016'53"; thence southwesterly along the arc a distance of 328.76 feet;
thence South 53001 '46" West, a distance of 143.75 feet to the easterly right-of-way line of
said Thomas Road; thence coincident with said right-of-way line, South, a distance of
2,745.14 feet; thence leaving said right-of-way line, West, a distance of20.00 feet to said
city limit's line of said "Thomas - Mesa Annexation 69-1"; thence coincident with said
city limit's line the following three courses; North, a distance of780.24 feet; thence West,
a distance of 860.11 feet; thence North, a distance of 330.00 feet to the POINT OF
BEGINNING and containing 461,704 square feet or 10.60 acres, more or less.
See Exhibit "B" attached hereto and made a part hereof.
This description was prepared by me or under my direction in conformance with the
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requirements
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2005-08 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
7th day of February, 2005, 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 14th day of February, 2005.
~~.
City Clerk of the -City of Gilroy
(Seal)