Resolution 2014-611
RESOLUTION NO. 2014-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A TENTATIVE CANCELLATION OF WILLIAMSON ACT
LAND CONSERVATION CONTRACT No. 68 -128, APN 810 -20 -004
WITHIN THE HECKER PASS SPECIFIC PLAN, APPLICATION M 14 -01
WHEREAS, the real property located within the County of Santa Clara, City of Gilroy,
California, known as APN 810 -20 -004 ( "the Property") is currently subject to a land
conservation contract (the "Contract "), Also known as Williamson Act Contract No. 68 -128,
entered into by Josephine Sophie Hoey, as landowner, and the County of Santa Clara, pursuant to
the California Land Conservation Act of 1965 (the "Williamson Act ") on February 25, 1969, and
recorded on February 28, 1969 in Book 8451, page 78 of Santa Clara County Official Records;
and
WHEREAS, on September 24, 2014, the city of Gilroy recorded a notice of nonrenewal
of the Contract, pursuant to Section 51245 of the California Government Code; and
WHEREAS, under the " nonrenewal" procedures set forth in section 4 of the Contract
and in Sections 51244 and 51246(a) of the Government Code, the Contract will expire on
February 28, 2025; and
WHEREAS, on December 7, 1998, the Property was annexed into the City of Gilroy,
upon which date the City succeeded the County of Santa Clara and became the public entity
governing the contract; and
WHEREAS, on May 19, 2014, Anthony Luna filed with the city of Gilroy a petition to
cancel the contract; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the city
council certified an environmental impact report for the Hecker Pass Specific Plan, certifying
that the EIR had been completed in compliance with CEQA by the City Council on January 18,
2005, by Resolution No. 2005 -02, which was adopted making the required findings for each
significant effect on the environment, adopting mitigation measures, and adopting a statement of
overriding considerations for those effects which were deemed to be unavoidable; and
WHEREAS, pursuant to Government Code section 51284, a duly noticed public hearing
was held on December 1, 2014, at which the Council considered the public testimony, the staff
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report dated December 1, 2014 ( "Staff Report"), which Staff Report is attached hereto as Exhibit
A, and incorporated herein by this reference. The Council also considered a comment letter
From the California Department of Conservation dated November 4, 2014, which is included in
the Staff Report, and all other documentation related to the application to cancel the Contract;
and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which this application approval is based is the office of
the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby makes and
adopts the following findings as required by State law, based on evidence in the entire record,
including the Staff Report and oral and written testimony:
SECTION I
Pursuant to Government Code section 51282, the cancellation of the Contract is
consistent with the purposes of the Williamson Act for the following reasons:
Cancellation is Consistent with the Act.
(a) The cancellation is for land on which a Notice of Nonrenewal has been
served pursuant to Government Code section 51245.
Finding: The Notice of Non- Renewal was served on the City on September 24,
2014.
(b) The cancellation is not likely to result in the removal of adjacent lands from
agricultural use.
Finding: This property is located within the Hecker Pass Special Use District, an
area for which the city has prepared a specific plan (the Hecker Pass Specific Plan
(HPSP). The HPSP is designed to allow some residential and agricultural- related
commercial development along the Hecker Pass corridor, while permitting continued
agricultural use of land in the area. The HPSP accomplished this goal by clustering the
residential uses together in three distinct areas, which allows larger tracts of land to be
preserved for the agricultural and agricultural- related commercial uses. This clustering
concept creates agricultural areas that are more viable due to their larger size.
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Through the HPSP, the Arias property has been designated for development as a
mixture of residential and agricultural uses. In addition, a collector roadway (Third
Street) and utilities needed to support development within the HPSP will pass through the
southern end of the property. Third Street provides the primary vehicular access through
the specific plan area and its development is necessary for implementation of the specific
plan. However, consistent with the HPSP vision, the northern portion of the Arias
property has been designated as an agricultural. use. The agricultural designation of the
Arias property will support other agricultural uses in this area, including the adjacent
Syngenta Flowers operation. Syngenta Flowers plans to maintain its agricultural
operations on the Syngenta property site for the foreseeable future and recently upgraded
some of its facilities. Syngenta Flowers has not indicated any plans to terminate its
Williamson Act contract.
There are no agricultural uses in the region that will be affected by the proposed
uses of the Arias property. The small size of the property (8.25 + / acres) and its "L"
shape configuration with a residence at the bend in the L make it infeasible stand -alone
agricultural purposes. However, the land use designation approved for the property as
part of the HPSP actually will promote continued agricultural use of surrounding lands by
clustering urban development and creating tracts of permanent agricultural land.
In further support of agricultural land uses within the HPSP, buffers will be
established between the specific plan's agricultural and residential components to limit
land use conflicts. In addition, new residents in the specific plan area will be required to
sign "right -to- farm" disclosures. This disclosure is intended to inform residents of the
nearby agricultural operations and further limit conflict.
(c) The cancellation is for an alternative use that is consistent with the
applicable provisions of the city's General Plan.
Finding: The cancellation is necessary to implement the land use plan approved
via the HPSP; the HPSP is consistent with the General Plan designation of Hecker Pass
Special Use District. In accordance with the adopted specific plan, the southern portion
of the Arias property will be developed with a segment of Third Street, the primary road
through the HPSP area, as well as utilities to support the HPSP area; the western 2 +/-
acres of the Arias property will be developed with residential units as part of the West
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Residential Cluster; and the remaining 6.2 +/- acres of the Arias property will be available
for agricultural use (see Attachment 1, Hecker Pass Specific Plan Land Use Map). Note
that the remaining portion of the Arias parcel is L- shaped with a residence located at the
bend in the "L." Therefore, the size, shape, and current use of this parcel does not allow
for a viable stand -alone agricultural operation. Nonetheless, the agricultural portion of
the Arias property will support continued agriculture and related activities in the larger
specific plan area.
(d) The cancellation will not result in noncontiguous patterns of urban
development.
Finding: The HPSP is adjacent to existing urban uses and has been planned to
allow a contiguous pattern of compact urban development that preserves land viable in
size for agricultural uses. The project constitutes a reasonable, orderly extension of
development within the city, as shown by the following planned or existing land uses:
• North (within City limits): golf course, steep vacant hills also designated
and approved for residential development (the "Forest" and "Country Estates" projects),
with existing housing beyond.
• South (within City limits): suburban residential development and a golf
course (across Uvas Creek).
• East (within City limits): medium - density residential and other urban
development.
• West: Gilroy Gardens Theme Park within the City limits; open space, rural
residential uses and various agriculture- related uses (e.g., nurseries, vineyards, cultivated
areas) exist outside the City.
(e) There is no proximate, non - contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, the development
of the contracted land would provide more contiguous patterns of urban development than
development of proximate, non - contracted land.
Finding: The applicant did not search for available and suitable proximate non-
contracted land because no other location would be appropriate for the proposed use of
the property. The Arias property is an integral part of the HPSP's planned development,
RESOLUTION NO. 2014-61
as it is needed for the development of Third Street and a portion of the West Residential
Cluster. Further, utility lines must be installed within the property to provide looped
systems serving the residential clusters. The Arias parcel is in the middle of the specific
plan area, such that failure to develop this parcel as adopted via the specific plan would
prevent the HPSP from developing. There is no proximate, non - contracted land that
could accommodate the specific plan project or the property's role in that project.
Further, the contracted land is adjacent to existing development in the City, such that
development of this land will provide for a contiguous pattern of urban development.
Cancellation is in the Public Interest:
(a) Other public concerns substantially outweigh the objectives of the
Williamson Act.
Finding: Other public concerns substantially outweigh the objectives of the
Williamson Act because it is necessary to cancel the contract to implement the adopted
Hecker Pass Specific Plan (HPSP). The proposed use of the Arias property— including
development of Third Street, installation of utilities, and development of a portion of the
West Residential Cluster —is consistent with the General plan and HPSP. The Arias
parcel is in the middle of the specific plan area, such that failure to develop this parcel in
the manner specified by the specific plan would prevent the HPSP from developing.
Implementation of the project will promote orderly development of the city by allowing a
logical extension of infrastructure and contiguous, compact urban development. In
addition, development of this site will provide new housing and will help preserve and
enhance agricultural- related activity on a large portion of the Specific Plan Area,
consistent with Williamson Act objectives.
(b) There is no proximate, non - contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, the development
of the contracted land would provide more contiguous patterns of urban development than
development of proximate, non - contracted land.
Finding: The applicant did not search for available and suitable proximate non-
contracted land because no other location would be appropriate for the proposed use of
the property. The Arias property is an integral part of the HPSP's planned development,
as it is needed for the development of Third Street and a portion of the West Residential
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Cluster. Further, utility lines must be installed within the property to provide looped
systems serving the residential clusters. As already noted, the Arias parcel is in the
middle of the specific plan area, such that failure to develop this parcel in the manner
specified by the specific plan would prevent the HPSP from developing. There is no
proximate, non - contracted land that could accommodate the specific plan project or the
property's role in that project. Further, the contracted land is adjacent to existing
development in the City, such that development of this land will provide for a contiguous
pattern of urban development. .
SECTION II
Pursuant to Government Code section 51283(b) the Santa Clara County Assessor, by
letter dated November 12, 2014, certified under penalty of perjury that the amount of the
Contract cancellation fee that the owner of the Property shall pay is One Hundred Ninety-
Eight Thousand Seven Hundred Fifty Dollars ($198,750), a copy of which is included in
the Staff Report. Based on that determination, the City Council hereby certifies said
amount as the Cancellation Fee.
SECTION III
Pursuant to Government Code section 51282 (a), the City Council hereby grants
tentative approval for cancellation of the Contract.
SECTION IV
The City Clerk is hereby directed to record in the office of the Santa Clara
County Recorder a certificate of tentative cancellation pursuant to Government Code
section 51283.4. The certificate shall include the following condition and contingency that
must be satisfied prior to the issuance and recording of a certificate of cancellation of the
Contract: The Cancellation Fee, or a recomputed cancellation fee, if required pursuant to
Government Code section 51283. 4, has been paid in full.
Pursuant to Government Code section 51284.4 (b), the owner of the Property shall
notify the City Council when he or she has satisfied the condition and contingency
enumerated in the certificate of tentative cancellation. Within 30 days thereafter, upon
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determination by the City that all conditions have in fact been satisfied, the City shall cause
the certificate to be recorded, and send a copy to the Director of Conservation, State of
California. If the owner of the Property instead, pursuant to subsection 4 (c) notifies the City
that he or she is unable to satisfy all or certain conditions, then the City shall execute and
record a certificate of withdrawal of tentative approval of cancelation. In this instance, there
shall be no refund of any cancellation fee paid.
SECTION V
Prior to the recording of the certificate of tentative cancellation, the owner of the
Property shall grant to the City of Gilroy an indemnity, to the satisfaction of the City
Attorney, agreeing to defend with counsel of the City's choice, indemnify, and hold
harmless the City, its City Council, Planning Commission, agents, officers, and employees
from any claim, action, or proceeding against the City, its City Council, Planning
Commission, agents, officers, and employees to attack, set aside, void, or annul any
tentative or final approval of the cancellation of the Contract made by the City, its City
Council, Planning Commission, agents, officers, or employees.
PASSED AND ADOPTED this 1 st day of December, 2014, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE-
MUNOZ, TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Fm�� . .�
=4 d Gage, Mayor
RESOLUTION NO. 2014-61
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -61 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 1St day of December, 2014, 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 2 "d day of December, 2014.
C�k was Freels, MMC�
City Clerk of the City of Gilroy
(Seal)