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Ordinance 1994-12ORDINANCE NO. 94 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING 9.7 ACRES FROM M2 (GENERAL INDUSTRIAL) TO M2 -PUD (GENERAL INDUSTRIAL, PLANNED UNIT DEVELOPMENT), PREZONING 125 ACRES TO C3 -PUD (SHOPPING CENTER COMMERCIAL, PLANNED UNIT DEVELOPMENT), AND PREZONING 47 ACRES TO M2 -PUD (GENERAL INDUSTRIAL, PLANNED UNIT DEVELOPMENT) TO BECOME A CONSOLIDATED C3 /M2- PUD (SHOPPING CENTER COMMERCIAL /GENERAL INDUS- TRIAL, PLANNED UNIT DEVELOPMENT) ON 181.7 ACRES, APNS 841 -18 -042, -043, -044 AND -051 WHEREAS, Kimball Small Properties has submitted Z 94 -05 requesting an amendment to the City of Gilroy's Zoning Map to rezone 9.7 acres from M2 (General Industrial) to M2 -PUD (General Industrial, Planned Unit Development), prezoning 125 acres to C3- PUD (Shopping Center Commercial, Planned Unit Development), and prezoning 47 acres to M2 -PUD (General Industrial, Planned Unit Development) to become a consolidated C3 /M2 -PUD (Shopping Center Commercial /General Industrial, Planned Unit Development) on 181.7 acres; and WHEREAS, the property affected by Z 94 -05 is located northeast of U.S. Highway 101 and north of U.S. Highway 152, on APNs 841 -18 -042, -043, -044 and -051, such land being indicated by a legal description and map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council certified on March 29, 1993, in accordance with the California Environmental Quality Act ("CEQA"), an Environmental Impact Report ("EIR") for GPA 92 -01 with 29 mitigation measures and adopted a statement of overriding considerations pursuant to CEQA Guideline 15093; and WHEREAS, GPA 92 -01 included the property associated with Z 94 -05; and WHEREAS, the Planning Commission held a duly noticed public hearing on Z 94 -05 on June 2, 1994, and after that hearing passed Resolution No. 94 -20 recommending approval of the project; ORDINANCE NO. 94 -12 -1- and • • WHEREAS, the City Council held a duly noticed public hearing on Z 94 -05 on June 27, 1994, at which public hearing the Council considered the project, along with staff reports, public testimony, and documentation or other evidence on the project, and voted to direct staff to prepare an ordinance approving Z 94 -05. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map, and it is consistent with the intent of the text, goals, and policies of the General Plan documents. SECTION II The City Council hereby finds, consistent with the requirements of Public Resources Code section 21083.3, that: 1. This project is consistent with the Gilroy General Plan as amended by GPA 92 -01; O1; 2. The City previously certified an EIR for GPA 92- 3. There are no offsite or onsite environmental effects peculiar to this project which were not addressed as significant effects in the EIR prepared for GPA 92 -01; 4. There is no new information showing environmental effects to be more significant than described in the EIR for GPA 92 -01; and 5. The City will undertake any feasible mitigation measures specified in the EIR prepared for GPA 92 -01, relevant to a significant effect which the project, Z 94 -05, will have on the environment. SECTION III A. Z 94 -05 should be and hereby is approved, subject to the statement of overriding considerations. ORDINANCE NO. 94 -12 -2- 0 • B. The Zoning Map of the City of Gilroy is hereby amended to rezone 9.7 acres from M2 (General Industrial) to M2- PUD (General Industrial, Planned Unit Development) , prezone 125 acres to C3 -PUD (Shopping Center Commercial, Planned Unit Develop- ment), and prezone 47 acres to M2 -PUD (General Industrial, Planned Unit Development) to become a consolidated C3 /M2 -PUD (Shopping Center Commercial /General Industrial, Planned Unit Development) on 181.7 acres as is indicated by the legal description and map attached hereto as Exhibit "A." This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 18th day of July, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPR D: "&Y' Donald F. Gage, Xgyor ATTEST: Susanne E. Steinmet , City Cler NO. 94 -12 -3- MMHIVIH, Incorporated CM1 Engineers • Planners • Surveyors - z 9Y -off James T. Harper W1111am J. Wagner. R.C.B April 1, 1994 Job No. 2118-02 -14 Sheet 1 of 2 Sheets LANDS TO BE PREZONED/REZONED M2 P.U.D. All that certain real property situate in the County of Santa Clara, State of California, being a portion of Lot 5 and a portion of Lot 6 as shown upon the "Map of the Subdivision of the Elizabeth H. Martin. Tract" as recorded in Book "F" of Maps at Page 31 of Official Records of Santa Clara County, more particularly described as follows: Beginning at the intersection of the northerly right of way line of "Old Gilroy Road," as shown upon said map, and the southeasterly boundary line of said Lot 6; Thence along said line N 51 ° 52' 50" E (N 51 ° 15' W per said map) 798.63 feet to the most southerly angle point in the general westerly boundary fine of the parcel of land described within the deed to the Santa Clara Valley Water District and recorded in Book "J" 422 at Page 737 of Official Records of Santa Clara County, Thence along the general southwesterly boundary fine of said parcel the following six. (6) courses: (1) N 49 30' 00" W, 60.65 feet (57.08 feet by deed); (2) along a curve to the right (concave to the northeast) having a radius of 895.00 feet, through a central angle of 190 00' 59" for an are length of 297.05 feet to a point of reverse curvature; - (3) along a curie to the left (concave to the southwest) having a radius of 630.00 feet, through a central angle of 21 ° 21' 51" for an arc length of 234.91 feet; (4) N 510 50' 57 W, 279.14 feet; (5) along a curve to the left (concave to the southwest) having a radius of 900.00 feet. through- a central -angle of 18° 03' .44" for an- arc length of 283.72 feet, and; (6) _ N 69° 54' 36" W, 981.44 feet to the most westerly comer of said parcet which poirrt is in the boundary line common to said Lots 5 and 6, and which point is in the general westerly boundary line of Panel "B" as described within the Final Order of Condemnation recorded in Book IC 121 of Official Records at Page 305, which point is in the southeasterly boundary fine of the parcel shown at "85.95 Ac" on the Record of Survey recorded in Book 386 of Maps at Page 14, both in Official Records of Santa Clara County; • p - 1353 QaklartQ.Aoad P.Q 8oz 611510. San.:= CA 95161•;510 408/294 -=2 Fk 408/248 -3812 E�% April 1, 1.994 Job No. 2118-02 -14 Sheet 2 of 2 Sheets Thence along said general westerly boundary line N 69° 54' 36" W, 33.99 feet; Thence leaving said line S 7° 22' 50" W, 1428.50 feet to a point on the said line of "Old Gilroy Road "; Thence along said line S 824113-r 10" E, 1376.47 feet (S 83° 15' E per Book "F" map) to the Point of Beginning. _ Comprising 46.658 acres, more or less. RF:cs/21180214.M2B HMHH1... j9 Incorporated Civil Engineers • Planners • Surveyors James T. Harper NR Ow J. Wagner. R.GE April 1, 1994 Job No. 2118-02 -14 Sheet 1 of 2 Sheets LANDS TO BE PREZONED/REZONED M2 P.U.D. All that certain real property situate in the City of Gilroy, County of Santa Clara, State of Califomia, being a portion of Lot 4 as shown upon the "Map of the Subdivision of the Elizabeth H. Martin Tract" as recorded in Book "F" of Maps at Page 31, and induding Panel 1 as shown on the Parcel Map recorded in Book 642 of Maps at Page 14, all Official Records of Santa Clara County, more particularly described as follows: Beginning at the most easterly comer of said Parcel 1; Thence along the northeasterly boundary r'me thereof and its prolongation N 310 26' 550 . W, 636.17 feet to a point iii the southerly right of way line of "Gilman Road ", 60 feet wide, as shown upon said map; Thence along said line the following fbur (4) courses as shown upon said map: (1) S 580 37' 17 W, 41283 feet; (2) S 55° OZ 47" W, 246.94 feet; (3) along a curve to the right (concave to the north) having a radius of 1400.00 feet, through a central angle of 230 24' 180, for an arc length of 57..89 feet, and; (4) S 701 38' 1Z" W, 203.06 feet; Thence leaving said line S 310 26' 55" E; 19.30 feet to a point in the northeasterly boundary line of the area shown as "S.C.W.D. Channel" upon said map, which point is a point on a curve having a radius of 883.00 feet, the radius point of which bears N 610 34' 07" E from said point; Thence easterly .along said curve. to the left (concave to. the - .north) -through a central angle of 1 ° 23' 21" for an are length of 21.41 feet to the most westerly comer of said Parcel 1; Thence along the southerly boundary line of said Parcel 1, shown as being common with the said northeasterly boundary line the following four (4) courses: (1) continuing along said 883.00 That radius curve to the left (the radius point bears N 5° 10' 46" E from said point), through a central angle of 90 43' 12" for an arc length of 149.80 feet; = 0aWwd Road pa Box 6mta san Jose, cA 9s,s, -ego . 4o&294. z F= 4MM8 -3= ��� April 1, 1994 Job No. 2118-02 -14 Sheet 2 of 2 Sheets (2) N 850 30' 00" E, 772.03 feet; (3) N 81 ° 46' 51" E, 200.42 feet, and; (4) N 85° 30' 00" E, 453.15 feet to the Point of Beginning. Comprising 9.704 acres, more.. or less. RF:cs/21180214.M2C 4/& HA, �1'iC�i'p ®i�tl Civil Engineers - Planners - Surveyors )a T. Harper Main I Wagner. FIZZ April 1, 1994 Job No. 2118-02 -14 Sheet 1 of 2 Sheets LANDS TO BE PREZONED/REZONED C3 P.U.D. All that certain real property. situate in the County of Santa Clara, State of California, being a portion of Lot 4 and a portion of Lot 5 and a portion of Lot 6 as shown on the "Map of the Subdivision of the Elizabeth K Martin Tract" as recorded in Book "F' of Maps at Page 31, and .including the parcel shown as "85.95 Ac" upon the Record of Survey recorded in. Book 386 of Maps at Page 14, all Official Records of Santa Clara County, more particularly described as follows: Beginning at the most westerly comer of said 085.95 Ac" parcel, which point is the most. southerly common comer of said Lots 4 and 5; . Thence along the southwesterly boundary line of said "85.95 Ad' parcel and the prolongation thereof, being common with the southwesterly boundary line of said Lot 5, S 31 ° 26' 38" E, 1517.78 feet (S 3210 05' E per Book "17 map) to a point on the northerly right of way line of State Highway Route 101 as shown upon the Right of Way Record Map "SCL- 101- 8.2X -R- 113.4 "; . Thence along said line the following three (3) courses: (1) N 7515 33' 39" E, 447.39 fleet (443.79 feet per said map); (2) S 82° 36' 55" E, 191.70 feet, and; (3) N 58° 33' 05" E, 57.14 feet to a. point in the boundary line common to said Lots 5 and 6, which- point is common with the most northerly comer of the parcel described in the deed to the State of Catiiornia recorded in Book 8395 of Official Records of Santa Clara County at Page 694; Thence along . the northerly boundary.-line of said .parcel .S 840 57 05" E, 196.88 feet (S 840 56' 57" W, 196.90 feet per said deed); Thence S 800 48' 36" E. 344.22 feet to the most easterly comer of said parcel on the northerly right of way line of "Old Gilroy Road" as shown upon the said map recorded in Book "F'; 1353 Oaldand Road P a fox 61151Q San .i = CA 95161- 1510 408/294 -3232 Fax 4080 &3812 ��� ApnI 1, 1994 Job No. 2118-02 -14 Sheet 2 of 2 Sheets Thence along said line S 82° 3T 10" E 1187.83 feet (S 83° 1S E per map) to a point on said line which bears N 820 3T 10" W, 1376.47 feet along said line from its intersection with the southeasterly boundary line of said Lot 6; .Thence N 70 22' 50" W, 1428.50 feet to a point on the general westerly boundary line of Parcel "B" as described within the Final Omer of Condemnation recorded in Book "IC 121 of Official Records of Santa Clara County at Page 305, which point is further described as a point on said line distant N 691 54' 36" W, 33.99 feet from the most southerly comer.of said parcel; Thence- along said One, and along the general southerly boundary line of the parcel described within the instrument recorded in Book "L" 618 of Official Records of Santa Clara County at Page 0184, which One is further described as the general southerly boundary line of the lands of the Santa Clara Valley Water District a public corporation, the following five (5) courses: (1) N 690 54' 36" W, 1895.45 feet; 's (2) along a tangent curve to the left (concave to the south) having a radius of 900.00 feet, through a cenbmi angle of 240 35.24" for an arc length of 38626 feet: (3) S 850 10' 00" W, 34.63 feet; (4) S 85° 30' 00" W, 1458.18 feet and; (5) along a curve to the right (concave to the north) having a radius of 1050.00 feet, through a central angle of 40 1 S 06" fur an arc length of 77.92 feet to a point on the southwesterly boundary One of the said lot 4; Thence along said line S 31'* 26' 38" E� 698.99 feet to the Point of Beginning. Comprising 125.395 acres, more or less. 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STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 94 -12 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of July— 19 94, 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 19th day of July 19 94 City Clerk`of the City of Gilroy (Seal)