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Ordinance 1998-20ORDINANCE NO. 98-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GII.ROY PRE-ZONING CERTAIN PROPERTY HC-PUD and OS (HIGHWAY COMMERCIAL PLANNED UNIT DEVELOPMENT AND OPEN SPACE) DESCRIBED AS APNs 783-05-011,783-05-012, 783-05-013, 810-17-009, 810-17-014, 810- 17-015, 810-17-021, 810-17-024, 810-17-025, 810-17-026, 810-17- 029, 810-18-002, 810-18-008, 810-18-009, 810-18-010, 810-18-011, 810-19-003, 810-19-005,810-19-007, 810-19-010, 810-19-012, 810- 19-011,810-20-012, APPLICATION Z 98-02 WHEREAS, Bonfante Gardens/Bonfante Nurseries ("Applicant") submitted application Z 98-02 requesting an amendment to the City of Gilroy's Zoning Map prezoning to HC-PUD and OS (Highway Commercial- Planned Unit Development and Open Space) that certain property currently zoned County and consisting of approximately 647 acres as described above; and WHEREAS, the property affected by Z 98-02 is located at 3050 Hecker Pass Highway, west of Santa Theresa Boulevard, such land being indicated on a map attached hereto as Exhibit "A", and incorporated herein by this reference; and WHEREAS, this property was approved for inclusion in the City of Gilroy's Urban Service Area on February 13, 1991 by the Local Agency Formation Commission, and by Resolution No. 98-68 the City Council annexed this property to the City of Gilroy; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the Santa Clara County Board of Supervisors certified an EIR for the £ncst phase of the project, and a Supplemental EIR on the project's sewage system in 1986, and the City Council on July 16, 1990, certified an EIR, along with twenty-five mitigation measures and a mitigation and monitoring program; and WHEREAS, the prior environmental documentation included this project in connection with General Plan Amendment Application GPA 88-02, and the City has reviewed these reports in conjunction with the current request, Z 98-02, and finds that the proposed prezoning is substantially consistent with the prior environmental documentation; and \KH~429307.01 85-111904706031 - 1- ORDINANCE NO. 98-20 WHEREAS, the Planning Commission held a duly noticed public hearing on Z 98-02 on November 5, 1998, at which it considered this project and voted to recommend approval of Z 98- 02; and WHEREAS, the City Council held a duly noticed public hearing on Z 98-02 on November 16, 1998, at which time the City Council considered the project, all public testimony, including the Staff Report dated October 22, 1998, and all other documentation on the project, and determined that the project should be approved; 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.. 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 goals and policies of the General Plan. SECTION II Z 98-02 should be and hereby is approved, subject to the twenty-five (25) mitigation measures and the mitigation/monitoring program set forth in the EIR adopted for GPA 88-02, and all other mitigation measures adopted for this project. This ordinance shall take effect and be in full force thirty days from and after its \KHM[429307.01 85-111904706031 -2- ORDINANCE NO. 98-20 adoption and approval. PASSED AND ADOPTED this 21st day of December, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GI~FORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: Rhonda Pellin, City Clerk K.A. Mike Gilroy, Mayor \KHIV~429307.01 85-111904706031 -3- ORDINANCE NO. 98-20 12/02/98 RED 14:30 FAX BERLINER & COHEN ~027 EXHIBIT A 12/02/98 WED 14:31 FAX BERLINER & COHEN ~028 County of San.la Cj a Environmental Resources Ag~ffcy Building InSpection/Land Development Engineering and Surveying October 2, 1998 Susanne E. Steinm~tz, City Clerk City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 RECEIVer', OCt. 6 i998 The attached revised description and map dated September 25, 1998 of · territory proposed for annexation to the City of Gilroy entitled ~ · REORGANIZATION 98-01 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 annexation policies. MARTIN D. MA~COTT, County Surveyor Attachment cc: LAFCO Executive Officer (w/attachment) Bryan Stice Roger Dodge Board of Supervisors: Donald E Gage. 13lanca Alvarado. Pete McHugh, James T. Beall Jr.. $. Josepl~ Simidan Coullty Executive: Richsrd Witter'~berg EXHIBIT B EXIq 'A' YrI~.CKER PASS REORGANIz,~,TION 1998 - O1 Locatod in the County of Santa Clara, Sta~e of California, described as follows: Beginning at a point on t~e North ]iee of Hecker Pass Highway, 66 feet wide, at the point of intersection of a Southwesterly line of the Ousley Park Addition to the City of Gilroy, Ordinance No. 607, with the Northerly line of the Hecker Pass Reorganization Annexation No. 82- I tO the City of Gilroy; thence $ 85038' W along last said line 20 more or less to' the Northweatern most corner'of ~aid ' Annexation N,o: 82-I; thence S 4o22' B along the Westerly end of sa/d Annexation No. 82-1, 66.00 feet to the Southwest'corner thereof, last said corner lying on the Southerly line of Hecker Pass Highway; thence N 85038' E along laat said line, 1341.75 feet more or less to the Northeast comer of that property show~ on that Record of Survey filed in Book 29 of Maps, at Page 16, ,Santa Clara County Records; thence Southerly along the V~esterly tine of said survey,.S 0':58' E 262.69 feet more or less to an angle point therein; thence continuing a~ong last said iine, S 50°02' W 25.01 feet and ,S 0050' E 589.10 feet to the Southwest corner thereof, to a point on the Northerly line of Parcel One as shown on that Parcel Map.~'ecorded in Book 663 of Maps, at Page 13 & 14; thence Easterly along · .last said line the following courses: S 81 °40'31" E 51.96 feet; S 88636' 15" E 106.95 feet; $ 82°07'31" E 58.68 feet; S 88°31'07" E · 138.10 feet; N 85°39'47' E 77.49 feet; N 68°37'17" E 18(5.27 feet.; N 78O2 1 '30' E 81.37 feet to the Northeast comer of said Parcel One; thence along the Easterly, Northerly, Easterly and Southerly links of said Parcel One, ,S 0036, E 387.99 feet; S 89°59'56" E 240.84 feet; S 0°08, E 400.00 feet to the Northwest corner of Parcel Three 0f said Parcel Map, said corner also being the Northwest corner of Gilroy Annexation "$hape[l Reorganization 95-01"; thence S 0036. B along the East line of said Parcel One, being also along the West line of last said Annexation, 839.38 feet to the Southeast corner of said Parcel One; thence N 89°52' 17" W along the South line 'of said Parcel One, also being along the North line of last said Annexation, 1675.00 feet to the Southwest comer of said Parcel One, last said corner lying on the East !ice of Parcel Four as shown on that Parcel Map filed in Book 494 of Maps, at Page 43, `santa Clara CoUhty Records; thence Southerly along the last said Fast line, also being along the West line of last said Annexation, 4496.60 feet more or leas to the Southeast comer of Ranch Lot 8 as shown on Map No. 7 accompanying the final report 0fthe Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara; thence West along the South line of said Mt 8, 1254 feet to the Southeast corner of Parcel Two as shown on that Parcel Map recorded in Book 650 of Maps, at Page 49, Santa Clara County Records; thence Westerly, Nor&erly and Easterly along the lines of last said Parcel Two and Parcel One of last said Parcel Map, N 89043'35" W 3342.75 feet; N 9035'04" E 241.38 feet; N 11°19' I7" W 59:19 feet; N 28"34'04' W 903.94 feet; N 37007'50" W 1159.52 feet; N 29O28'57" E 38.94 feet; N 47O21 '02" E ANNEXATION LANDS OF BoNFANTE ~ 52.14 feet: N 63°49'41" E 1005. I feet: N 55°12'29'' E 117.12 feet: N 53"57'30" E 2 I0.63 feet: N 15:57'00" E 139.32 feet; N 11°52'00" E 367.82 feet: N 15':01 '00' E 580.43 feet N 38°59'00'' E 264.98 feet: N 76o28'00" E 270.23 feet.; N 5 I026'53" E 13.43 feet: N $9°35, E 960.57 feet: N 0~25' W 8933 feet: and N 89°35' E 282.61 feet to the $outhw,~t corner of Pareel 'D' as shown on that Certifcate Compliance (C. of C.) recorded December 5, 1995, Recorder's No. 13120499, Santa Clara County Records; thence Northerly and Easterly along the W~terly and NoctheHy lines of said Parcel 'D', N 19°21'40" E 417.99 fe~c, N.76o19' 19" W 13.90 feet: N 17°40'40.' E 1089.46 feet: N 64~27'00'' E 208.60 feet to a Point on the N6rtheeaterly line of Pm'cel Two a~.shown on that Parcel Map recorded in Book 494 of Mape, at Page 43, Santa Clara County Records; thence S 69Q43'49" E along last said line and along the Northerly line of said Parcel 'D', 401.12 feet to the Southeastemmost comer of Parcel 'A' per said C. of C.: thence Northerly along the Easterly line of said Parcel 'A', N 20Q16' E 194.80 feet: N 17014' W 810.00 feet and N 0009. E 419.62 feet to a point on the South line of Lands of State of California per that Deed recorded in Bo~k 2627 O.R. 1271, Santa Clara Count)' Records: thence along last said line the following courses: Westerly 91.8~. feet along a 1585 foot radit~ non-tangent curve to the Hght, having an interior angle of 3°19' 12", N 54°07' W (tangent) 270.00 feet: N 60042'34" W 90.00 feet and N 29°17'26" E 4.00 f~et to a point on the Southwest line of Hecker Pass Highway, .100 feet wide; thence N 60°42'34'' W along last said line, 241.57 feet more or less to a point lying S 29° 17'26" W. from the Western most comer of that Record of Survey filed in Book 503 of Maps, at Page 16, Santa C. County Records; thence N 29°I7'26'' E 100.00 feet to last said corner; thence N 23°11' E along the Northwesterly line of said Record of Survey 135.78 feet to an angle point in said Record of Survey; thence along the lines of said Record of Survey, S 88°13' E 291.39 feet; N 1°47' E 64.46 feet and S 88039'04" E 433.45 feet to a point on the Northwest line of Lands of State of Califomin as shown on said.Record of Survey; thence along lint said lands, N 37°18'09, E 25.70 feet; S 49018'40" E 808.83 feet and N 75°58':21" E 64.79 feet to a point on the Westerly line of Bun:hell Road, 40 feet wide; thence N 79°50'51" E 40.09 feet to an angle point in the EaSterly line of Bm'cheil Road, said point lying On the Westerly line of the Ousley Park Annexation to the City of G/troy by Ordinance No. 607; thence S 14°01'39'' E along last said line, 128.82 feet to an angie point in said line; thence S 65039'39" E along last smd line, 128.49 feet to the Point of B~ginning. Containing approximately 670 acres rnore or less. DODGE & ASSOCIATES, SURVEYING 2341 Montezuma Drive Campbell, CA 95008 408 379-3478 Fax 408 378-124 Rev. I - 9-25-98 - changed P.O.B. J CKER PASS REORGANI TION COURSE DATA · 1. N 85~38'00' W '1341.75 feet 2. S 00°58'00" E 262.69 feet 3, S 50~2'00' W 25.01 feet 4. S 00°50'00" E 589.]0 feet 5. S 81°40'31" E 51.96 feet 6. S 8g°36'15' E 10~:95 feet "?. $ 82°07'31" E 58.68 feet 8. S 88°3I'07" E 138.10 feet 9. N 85°39'47" E 77.49 feet 10. N 68°37'17" E 186.27 feet Il. N 78~31'30" E 81.37 feet 12. $ 00°36'00" E 387.99 feet 13. S 89°59'56" E 240.84 feet 14. $ 00~08'00" E 400.00 feet 15. S 00°36'00" E 839.38 feet 16.' N 89°52'17" W 1675.00 feet 17, Sgutherly 4496.60 feet 18. West J254.00 feet 19. N 89°43'35" W 3342.75 feet 20. N 09°35'04" E 241.38 feet 21. N 11°19'17"W 59.19 feet 22. N 28°34'04" W 903.94 feet 23. N 37°07'50" W 1159.52 feet 24. N 29°28'57" E 38.94 feet 25, N 47~21'02" E 52.14 feet 26. "N 63°49'~.1'' E 1005.10 feet 27. N 55°12'29" E 117.12 fee~ 28. N53°57'30''E 210.63 feet 29. N 15°57'00" E 139.32 feet 30. N 11°52'00" E 367.82 f~t 31. N 15°01 '00" E 580.43 feet 32. N 38o59'00" E 264.98 feet more or less mor~ or leas more or leas 33. N 76~8'00" E 270.23 feet' 34. N $1~26'53" E 13.43 feet 35. N 89':35'00" E 960.57 feet 36. N 00°'25'00" W 89.33 feet 37. N 89035'00'' E' . 282.61 feet' N 19°21"40"1~ _ 417.99'feet 39. N 76°19'1'9" W 13.90 feet 40. N 17°40'40'' E 1089.46 feet 41. N 64"27'00" E 208.60 feet S 69'43'49'+ E 401.12 feet N 20'16'00" E 194.80 feet N 17~14'00'' W 810.00 feet N 00'09'00" E 419.62 feet 42. 43. 44. 45. 46. R=I58Y p=3°19'12'' L=91.84' 47. N 54'07'00" W 270.00 48. N 60o42'34" W 49. N 29~17'26' E 50. N 60042'34" W 50A. N 29Q17'26'~E 51, N 23°I1'00'~ E 52. S 88'13'00" E 53. N 01°47'00" E 54. S 88'39'04' E 55. N 37°18'09:' E 56. S 49°18'40' E 57. N 75Q58'21" E 58. N 79~'50'51' E 59. S 14Q01'39"E 60. S 65~39'39' E 61. N 85~38'00" E 62. S 4~22'00" E 90.00 feet 4.00 feet '241..5'7 feet more or leas 100.00 feet 135.78 feet 291.39 feet 64.46 feet 433.45 feet 25.70 feet 808.83 feet 64.79 feet 40.'09 feet 128.82 'feet 128.49 feet 20 feet more er leas 66.00 feet to P.O.B. Rev. I - 9-25-98-changed F.O.B. nECKER PASS REORGANIZATION 1998 - 01 Located in the County of Santa Clara, State of California, described as follows: · Beginning at a point on.the Southerly line of Hecker Pass Highway, said point being atthe Northwest comer of City of Gilroy Annexation 91-1, said point also being on the Southerly line of City of Gilroy Annexation 77-5; thence S 80054' W along last said Southerly lines, 1,255.65 feet to the Southwest comer of said Annexation 77-5; last said comer also being the SOutheast comer of City of Gflroy . Annexation 80-3; thence continuing S 80°54, W along the southerly lines ~f Hecker Pass Highwayand said Ar~. exation 80-3, 40.01 feet to an angle point therein; thence S 89°14' W along last said S6utheHy lines, 714.48 feet to the Southwest comer of,said Annexation 80-3, also being the Southeast comer of City of Gilroy Annexation 82-1; thence S 89019'42" W along the Southerly lines of Hecker Pass Highway and Annexation 82-1, 1,238.53 feet to an angle point therein; thence S 89°33'00'' W along last said lines, 784.63 feet to an angle point therein; thence N 88°59'46" W along last said lines, 618.32 feet to a point which is S 00°18' 19" E 66.02 feet from the Southeasterly comer of the Ousley Park Addition, Ordinance No. 607; thence N 88043, W along the South line of Hecker Pass Highway and Annexation 82-I, 392.34 feet to an angle point therein; thence S 85038, W 274.41 feet to the Northwest comer of Parcel One as shown on that Parcel Map recorded in Book 380 of Maps at Page 42, Santa Clara County Records; thence along the Westerly and Southerly lines of said Parcel Map, being the Easterly line of that property shown on the .Record of Survey recorded in Book 29 of Maps at Page 16, Santa Clara County Records, and the Northerly lines as shown on that Parcel Map recorded in Book 663 of Maps at Pages 13 and 14, Santa Clara County Records, the following courses: S 00°58'00" E S 50°02'00" W S 00°50'00" E S 81°40'31" E S 88036' 15" E S 82°07'31" E S 88°31'07'' E N 85°39'47"E' N 68°37' 17" E N 78°31'30" E 262.69 feet 25.01 feet 589.10 feet 51.96 feet 106.95 feet 58.68 feet 138. I0 feet 77.49 feet 186.27 feet 81.37 feet to the Southeast comer of Parcel Four of last said Parcel Map, Book 380 of Maps at Page 42, also being a Northeast comer of Parcel One of said Parcel Ivlap, Book 663 of Maps at Pages 13 & 14; thence along the East, North and East lines of last said Parcel One: S 00°36'00'' E S 89°59'56' E S 00008'00" E 387.99 feet 240.84 feet 400.00 feet to the Southwestern most comer of Parcel Two of said Parcel Map, Book 663 of Maps at Pages 13 and 14, also being a Northwest comer of the City of Gilroy Annexation "Shapoll Reorganization 95-01"; thence along the ~outhJ~line of last said Parcel Two, last last said ~nnexation: N 80°47'5T' E N 62030'40" E N 57°03'40" E N 80006' 10" E 63°19'00'' E 44°14'30" E 69°33'10' E 360O3'2O'' E 415.84 feet 325.10.feet 211.50 feet 475.20 feet 352.10 feet 69235 feet 182.00. feet 129.40 feet_ to the S~utheastem most comer of last sa~d.Parcel TWo; thence S 00°16'00'' E along the East li~ of Parcel Three of last said Parcel Map, being along last said annexation line, 210.58 feet to an angle point in last said line; thence Southeasterly along the Southwesterly line of ! ~nds of Goldsmith Seeds, Inc., as shown on that Deed recorded in M943 of Official Records at Page 0035, Santa Cla~a County Records, also being along the Northeasterly line of last said annexation, the following courses: S 56°34'50'' E S 33°23'50'' E S 38042'00'' E S 67°31'50" E S 83°13'00" E S 77°19'30" E S 85°38'50'' E 102.10 feet 113.60 feet 60.95 feet 83.95 feet 110.30 feet ' 196.05 feet 239.62 feet (Annexation says S 83°38'50' E) to a point on the West line of Lands of Vauni as described in that Deed recorded in N900 of Officiai Records at Page 0235, Santa Clara County Records; thence South along last said line, also being along the last said annexation line, t30.20 feet to the Southwest comer of said Lands of Vanni; thence S 89°55, E along the South line of said Lands of Vanni and the North line of last said annexation, 618.42 feet to the Southeast comer of said Lands of Vanni, also being the Southwest come~' of Lands of Filice as described in that Deed recorded in K042 of Official Records at Page 659, Parcel Two, Santa Clara County Records; thence S 89Q55' E along the South line of said Lands of Filice, also being albng the North line of last said annexation, 562.32 feet to the Southeast comer of said Lands of Fflice, last said comer being the Southwest comer of said Annexation 91-1; thence N6rth along the East line of said ~_~nd of Filice, being along the West line of last said annexation, 2,681.50 feet to the Point of Beginning. Containing appmx~nately 212.3 acres more or less. DODGE & ASSOCIATES, SURVEYING 234l Montezuma Drive Campbell, CA 95008 408 379-3478 Fax 408 378-1241 Rev. 1 - 9-25-98 added 1998-01 /t'F..CKER PASS REORGANIZATION COURSE I. S 80054, W 1,255.65 feet 22. $ 89059'56" E 2. S 80°54, W 40.01 feet 23. S 00008'00" E 3. S 89°14' W 714.48 feet 24. N 80°47'57" E 4. S 89°19'42" W 1,238.53 feet 25. N.62°30'.4Q."E 5. $ 89°33'.00" W 784.63 feet 26. N 57°03'40" E 6. N 88059'46" W 618.32 feet 27. N 80'06'10" E 7. N 88°43 W 392.34 feet 28. S 63°19'00'' 8, NONE 29. 9. NONE 30. S 69°3Y10"E 10. S 85°38, W 274.41 feet 31. N 36°0Y20" E 1 i. S 00°58'00'' E 262.69 feet 32. S 00°16'00".E 12. S 50°02'00' W 25.01 feet _ 33. S 56°34'50'' 13. S 00°50'00" E 589.10 feet 34. S 33°23'50" 14. S 81°40~31'' E 51.96 feet 35. S 38°42'00'' 15. S 88°36' 15" E 106.95 feet 36. S 67°31'50" E 16. S 82°07'31"E 58.68 feet 37. S 83°13'00"E 17. S 88°31'0T'E 138.10 feet 38. S 77019'30"E 18, N 85°39'47" E 77.49 feet 39. S 85°38'50'' E 19; N 68°37'17"E 186.27 feet 40. South 20. N 78°31'30" E 81.37 feet 41. S 89055' E 21. S 00036'00" E 387.99 feet 42. S 89°55' E 43. North 240.84 feet 400.00 feet 415.84 feet ' 325.10 feet 21.1.50 feet 475.20 feet 352.10 feet 692.95 feet 182.00 feet 129.40 feet 210.58 feet 102.10 feet 1 i3.60 feet 60.95 feet 83.95 feet 110.30 feet 296.05 feet 239.62 feet 1.30.20 feet 618.42 feet ~62.32 feet 2,g81.50 feet Rev. 1 - 9-25-98 added 1998-01 % ', I/// L.O t I I I 2341 9/.o,~.~m~z Dr. conffoeI,, ~ 95oo8 NECKEf~ P, ZL~. R. EORGAi-,(iZ,qTOh,.' ~'- 98.ol LIT'Y' $~66T ?.. er 4- I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 98-20 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of December, 1998, at which meeting a quorum was presem. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 5th day of January, 1999. City Clerk of the City of Gilroy (Seal)