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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 RESOLUTION NO. 2014-61 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. RESOLUTION NO. 2014-61 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 RESOLUTION NO. 2014-61 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 RESOLUTION NO. 2014-61 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 RESOLUTION NO. 2014-61 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)