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Ordinance 1998-21ORDINANCE NO~ 98-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-ZONING CERTAIN PROPERTY M1 (LIMITED INDUSTRIAL) DESCRIBED AS APN 835-04-051, APPLICATION Z 98-06 WHEREAS, Paul Farmer and Kip Brundage ("Applicant") submitted application Z 98-06 requesting an amendment to the City of Gilroy's Zoning Map prezoning to M1 (Limited Industrial) that certain property currently zoned County Agricultural and consisting of approximately 11.5 acres APN 835-04-051; and WHEREAS, the property affected by Z 98-06 is located at the southeast comer of Las Animas and San Ysidro Avenue, 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 October 3, 1991 by the Local Agency Formation Commission, and by Resolution No. 98- 71; the City Council am~exed this property to the City of Gilroy; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration was adopted by the City Council on October 5, 1993, along with a mitigation/monitoring program, which included this project in connection with Urban Service Area application USA 91-03, attached hereto as Exhibit B, and incorporated herein by this reference; and WHEREAS, the City Council finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the Pla]ming Commission held a duly noticed public heating on Z 98-06 on November 5, 1998, and after that heating voted to recommend approval of Z 98-06; and WHEREAS, the City Council held a duly noticed public heating on Z 98~06 on November 16, 1998, at which public heating the City Council considered the project and all written and oral testimony, including the staff report dated October 22, 1998, and determined that the project should be approved; and \KHM~29156.01 84-111804706002 -1- ORDINANCE NO. 98-21 WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon ~vhich 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 Il Z 98-06 should be and hereby is approved, subject to the mitigation measures and mitigation/monitoring program set forth in the Negative Declaration adopted for USA 91-03. This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 21st day of December, 1998 by the following vote: AYES: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: ARELLANO ABSENT: COUNCILMEMBERS: NONE ATTE, ST.' .~ Rhonda Pellin, City Clerk APPROVED: K.A. Mike Gilroy, Mayor \KH1~429156.01 84-111804706002 -2- ORDINANCE NO. 98-21 12/02/98 WED 14:21 FAX BERLINER & COFIEN 015 EXHIBIT A County of Santa Clara Ehvironmenral Resou~;ces ,~cy Building Inspection/Land Dev. elopmcnt Enginecrin,~ and Surveying Oc{ober 1~, 1998 Susanne E. Steinmetz, City Clerk City' of Gilroy 7351 Rosanna Street Gilroy, CA 95020 e 1998 ' The attached revised description and map dated September 25, 1998 of territory proposed for annexation to the City of Gilroy entitled SAN YSIDRO AVENUE REORGANIZATION 98-03 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. MARCOTT, County Surveyor Attachment cc: LAFCO Executive Officer (w/attachment) Melissa Durkin EXHIBIT B EXHIBIT A Annexation to: the City of Gilroy Name of Annexation: San Ysidro Avenue Annexation 98-03 Date: 8-15-96 All that Real Property situated in the County of Santa Clara, State of califoma and more described as follows: BEING a portion of Lots 12 and I3, as shown on that certain Map entitled "Map of the C. filroy Land Co.'s Suburban Tract", recorded in book :'F-2" of Maps at page 37, Santa Clara County Records, and more particularly described as follows: BEGIN%TNG at the Southeasterly comer of said Lot 12; thence along the Southeasterly line thereof ·South 64o40'00" West 782.92 feet to the Northeasterly line of San Ysidro Avenue (30'/43' feet w/de); thence along said Northeasterly line of San Ysidro Avenue and the existing City Limits of the City of Crilroy as established by Annexation $3-1 North 25°20'00'' West 580.80 feet to the Southeasterly line of Las Animas Avenue (66.00 feet wide); thence along said Southeasterly line of Las Animas Avenue and the existing City Limits of the City of Gilroy as established by Annexation 86-2 the follow/nc, courses, distances, and curves North 64040'00" East 466.62 feet, along a curve to the left with a radius offi 020.00 feet through a central angle of 5° 08'00" for a distance ofg1.39 feet, North 60°[ 1'00" East 14846 feet, and alon~ a curve to the right with a radius of 980 00 feet through a central ansle of 4¢31'0T' for a distance of 77.0~ feet to the Northeasterly line of said Lot 13; thence alang the Northeasterly line of said Lots 13 and 12 South 25020'00" East 602.05 feet to the Point of Beginning and containing ther~in 10.513 Acres, more or less. Revisions: 9-28-98 By': Q.C. initials I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 98-21 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 present. 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)