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Ordinance 1997-07ORDINANCE NO. 97-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-ZONING FROM COUNTY AGRICULTURAL TO M2 (GENERAL INDUSTRIAL) ON APPROXIMATELY 90 ACRES, Z 97-03, APN 841-17-069 WHEREAS, Tom S. Obata and Thomas J. Obata ("Applicants") have submitted Z 97-03 requesting an amendment to the City of Gilroy's Zoning Map so that certain property is pre- zoned from County Agricultural to M2 (General Industrial) on approximately 90 acres; and WHEREAS, the property affected by Z 97-03 is located south of the terminus of Silacci Way, west of Miller Slough, such land being indicated on a map attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 18, 1994 certified an EIR for this site for General Plan Amendment application GPA 92-06 that included the Mitigation Monitoring Program attached hereto as Exhibit B in conjunction with approving the project; and WHEREAS, the Planning Commission held a duly noticed public hearing on Z 97-03 on June 24, 1997, and after that hearing voted to recommend approval of Z 97-03; and WHEREAS, the City Council held a duly noticed public hearing on Z 97-03 on July 21, 1997, at which public hearing the City Council considered the project and based upon substantial evidence produced both in writing and orally, resolved that the project should be approved with conditions; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon which this ordinance is based is the office of the City Clerk. \KBA\348030.01 - 1- ORDINANCE NO. 97- 7 72-073004706002 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 is consistent with the intent of the text, goals and policies of the General Plan. SECTION II The City Council hereby finds that the EIR, Monitoring Program and Statement of Overriding Considerations certified and adopted substantial follows: 1. January 18, evidence 1994 for GPA 92-06 are supported by and apply to this project, finding as The EIR and Monitoring Program have been prepared in accordance with CEQA and reflects the independent judgment of the City; and 2. The City made a Statement of Overriding Considerations with regard to identified significant adverse impacts. SECTION III A. Z 97-03 should be and hereby is approved, subject to the mitigation measures Monitoring Program contained within the EIR adopted for GPA 92-06. B. The Zoning Map of the City of Gilroy is hereby amended to pre-zone approximately 90 acres located south of the terminus of Silacci Way west of Miller Slough, from County Agricultural to M2 (General Industrial), APN 841-17-069, such property as is indicated in Exhibit A. This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. \KBA\348030.01 2 72-073004706002 ORDINANCE NO. 97-7 PASSED AND ADOPTED this 2nd day of September, 1997 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GILROY, MORALES, ROWLISON, SPRINGER, VALDEZ, ROGERS COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED: ~nnie Roge-rs', ~a~or Pro Tem ATTEST: Rhonda Pellin, City Clerk \KBA\348030.01 3 72~73004706002 ORDINANCE NO. 97-7 ~Vo Sc=le . CARNADERO THE SITE GILFIOY SEWE,R FARM EXHIBIT A OLD GILRC LOCATION MAP FOR Z 97-03 b I I I I !' I I 1 I I I 2.2 Market Demand As pointed out in the EIR, market demand for industrial expansion has decreased in recent years, resulting in an excess of current and near term expected demand for industrial land. This situation has shifted slightly as requests for rezoning to commercial uses are being processed by the city. As a result, the near term pdcing and demand for industrial land has increased slightly. The market value .for land is based on perCeived conditions of r~sale, ulti'rnete highest and best use, and'market absorption rates. By its very nature, it is speculative and since it depends on perceptions~ prices will vary over time and by. client or investor. This value will shift as well; with changes in government regulation, for'instance on standards of setbacks' or Floor Area Ratios.' Thus, changes in sphere of influence boundaries and ultimately anne~(ation do influenc· property resale rates, typically escalating them in terms of the perceived increase in use potential. Viewed in terms of current use (i.e. agriculture), the value of such productive land varies as a function of the soil type, availability of water, ready access to transportation, and intended crop type. The range of price, when only agrfcultural reuse is taken into account ranges from $3,500 (for Iow yield range lands in foothill areas) to $25,000 (for specialty multi-yield row crops). The price escalates rapidly when any type of intensified or speculative use potential such as conversion to residential or commerCial use is taken into account. Agricultural production capability of the land in question can be illustrated by single annual row crops where the average yield may vary from 35-45 tons per acre. Similarly, market pdces vary annually and can be very volatile, literally dependent on world-wide shifts in demand. For purposes of this report, they are assumed to average $50/ton gross retum to growers. For PUrposes of this report, the sales rate for land valued at industrial-zoned pdces is $30,000 per gross acre with finished space sales ranging from $3.50 to $5.00 per foot (based on 20 to 40 percent net land coverage). The project site is currently for sale. A sale at the asking price, which reflects the · perceived industrial conversion value of the property, would clearly signal renewed market interest in this land use category. 2.3 Absorption Rates Once the market for industrial space begins to stabilize, this area should capture a greater share of the industrial use market, which should begin to shift southward to a greater degree from the existing San Jose area. For purposes of this report, the capture rate represented by the Giiroy area is assumed to be 200,000 square feet annually. Utilizing the figures presented in the EIR, the first 100 acres could yield 2.1 million square foot. of rentable industrial space. Under the assumption above, this Obata. Property Plan for Services represents app. uXimately five years of absorption. (.=,ven current market conditions, the projec~ site could be in demand as early as 1998 or 1999. Assuming that an excess of stock will always be on hand to allow for market choice, the need for additional land would become apparent roughly half way.through the development period for the'first. 100 acres, or in 2003. Therefore, the final increment of land within the proposed project would be staged'for development in years four and five of the build-out period. 2.3.1 Industrial Demand The demand for industrial space was previously addressed in two different. sot~rces: the EIR and in the Staff Analysis of the 1993 Giiroy Urban Service Area Extension Request (LAFCo, December 4, 1993). Both sources 'point to an oversupply of industrially zoned land, a phenomena which the City staff believes is largely responsible for recent requests tc~ reclassify certain industrial properties to a commercial designation. According to. the LAFCo staff report, ' The Rincon Plaza proposal contains 92 acres of industrially zoned land...ln addition the Haun proposal contains another 11.45 acres of · industrial land. The City developed approximately 75 acres of industrial land from 1983 - 87, and another 50 acres from 1988 - 92, for a ten year total of 125 acres. · · The report pointed out that there were 1,219 acres of industrially zoned land in the urban service area, of which 700 in the current city limits are vacant and 130 acres of which were vacant in the urban service area. Annual absorption, based on 60 percent coverage and 12 acres per year, as a result is approximately 313,000 square feet per year. Table 3 includes a review of commemial and industrial acreage in the city and the urban service area. The ultimate demand for the parcels will be influenced by competition from San Jose, Morgan Hill, and to some limited extent, from Salinas. To help illustrate absorption rates, we have Used the surrogate of population growth which provides an indirect indicator of overall business expansion in the city. Tabie 4 presents population trends for the Cities of Giiroy and Morgan Hill, the Counties of Santa Clara and San Benito, and a regional total showing strong growth potential in the surrounding communities. Table 5 presents the population growth rates for those same jurisdiction. . The correlation between industrial and commercial growth and the balance of land available in the urban service area in recent years as shown in Table 6. 10 Obata Property Plan for Services In illustration of the apparent market demand, Table 7 presents the forecast absorption rate in square feet per year for indL[stdal uses. I I TABLE 7 Potential Absorption Rate in Square Feet Per Year Land Use Annual Abso~on Range *i Time to Aba_orb Indu~[~;al 50,000-100,000 sq. ft. ~ ' 5.,10 years .. Source: Michal Moore, Land Resources and Economic Strategies '. Propen), P/an for Services 15 tl . ..--_ Z O~o~ LU Z 0 i( Z I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 97-7 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of September, 1997, 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 September, 1997. City ~lerk of the City of Gilroy (Seal)