BILL NUMBER: AB 1170 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Alejo
FEBRUARY 18, 2011
An act to amend Section 21089 of the Public Resources
Code, relating to environmental quality. An act to add
Section 33320.5 to the Health and Safety Code, relating to
redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1170, as amended, Alejo. Environment: CEQA: lead
agency: documents. Redevelopment Agency of the City of
Watsonville: Manabe-Ow Site.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects
of blight, as defined, in those communities and requires those
agencies to prepare, or cause to be prepared, and approve a
redevelopment plan for each project area. Existing law authorizes the
legislative body to amend or modify the plan by ordinance upon the
recommendation of the agency and establishes procedural requirements
and restrictions related to amendment of the plan.
This bill would authorize the planning commission or city council
of the City of Watsonville to amend a specified preliminary plan and
redevelopment plan, respectively, to add described territory, known
as the Manabe-Bergstrom Site, currently referred to as the Manabe-Ow
site. The bill would make a legislative declaration regarding the
need for a special statute.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment. CEQA authorizes a lead
agency to charge and collect a reasonable fee from a person proposing
a project that is subject to CEQA to recover the estimated costs
incurred by the lead agency in preparing a negative declaration of an
EIR for the project to conform to the requirements of CEQA.
This bill would make technical, nonsubstative changes in those
provisions authorizing a lead agency to charge and collect a
reasonable fee from a person proposing a project subject to CEQA.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares as follows:
(a) The City of Watsonville, California, suffers high rates of
poverty and unemployment. Unemployment in the City of Watsonville has
averaged approximately 25 percent for the past two years. At the
same time, land available within the City of Watsonville for
development of job-intensive uses is extremely limited.
(b) The Watsonville 2005 General Plan, adopted by the City of
Watsonville on May 24, 1984, identifies an approximately 95-acre site
referred to as the "Manabe-Bergstrom Site," currently referred to as
the "Manabe-Ow Site," as a new growth area. A portion of the
Manabe-Ow Site is expected to meet one of the city's primary economic
growth objectives by accommodating up to 2,100 new jobs in an office
and light industrial park, including office and flexible industrial
use spaces, light industrial uses, and a small commercial retail
area. Ancillary retail uses may not exceed cumulatively 5 percent of
gross floor area and big box stores and automobile sales are
prohibited by recorded deed restrictions. Residential uses are
prohibited except for limited workforce housing.
(c) The Manabe-Ow Site is within the incorporated limits of the
City of Watsonville, within a voter-approved urban growth boundary,
and is completely surrounded by developed property. It is located on
the edge of existing industrial, manufacturing, and warehouse
facilities that serve the agricultural industry and other regional
businesses and services. The Manabe-Ow Site is also adjacent to two
existing redevelopment projects, the Westside Industrial
Redevelopment Project and the Watsonville 2000 Redevelopment Project,
which adjoin it on three sides.
(d) The Manabe-Ow Site is currently used for agricultural
production. It contains none of the streets, utilities, or other
infrastructure necessary to accommodate the proposed development.
Infrastructure costs are currently estimated to be approximately $31
million. The southern portion of the site is located within a flood
plain and requires up to eight feet of fill. The southeastern portion
of the site contains soft, organic peat oils which require special
foundations. Given the cost of infrastructure, site conditions, and
the current depressed economy, a strong public-private partnership is
essential to making the business park a reality.
(e) Permitting the City of Watsonville to amend the plan
containing the Watsonville 2000 Redevelopment Project to include the
Manabe-Ow Site furthers the purposes of the Community Redevelopment
Law by expanding employment opportunities for jobless, underemployed,
and low-income persons.
SEC. 2. Section 33320.5 is added to the
Health and Safety Code , to read:
33320.5. (a) The planning commission of the City of Watsonville
may amend the preliminary plan for the Watsonville 2000 Redevelopment
Project to include the territory that is described in subdivision
(f), the "Manabe-Ow Site," which is conclusively deemed necessary for
effective redevelopment of that project, notwithstanding this part.
(b) The city council, agency, and planning commission of the City
of Watsonville may find and determine that the Manabe-Ow Site is an
integral part of one or more areas developed for urban uses that are
surrounded or substantially surrounded by parcels that have been or
are developed for urban uses within the meaning of Section 33320.1.
Notwithstanding this part, any such findings or determinations shall
be deemed final and conclusive.
(c) The redevelopment agency within the City of Watsonville may
make the findings required by subdivision (b) of Section 33321.5 with
respect to the Manabe-Ow Site. Notwithstanding this part, such
findings shall be deemed final and conclusive. Subdivision (g) of
Section 33344.5 shall not apply to an amendment of the Watsonville
2000 Redevelopment Project adding the Manabe-Ow Site.
(d) Notwithstanding this part, the city council of the City of
Watsonville may amend the redevelopment plan for the Watsonville 2000
Redevelopment Project to add the Manabe-Ow Site to the redevelopment
project area. The ordinance adopting the amendment may omit the
findings and determinations otherwise required by paragraphs (1),
(11), and (14) of subdivision (d) of Section 33367.
(e) Pursuant to Section 15153 of Chapter 3 of Title 14 of the
California Code of Regulations, the city council and redevelopment
agency of the City of Watsonville may determine that the
Environmental Impact Report prepared for the Specific Plan for the
Manabe-Ow Business Park (State Clearinghouse No. 2008122060) is
adequate for the amendment of the Watsonville 2000 Redevelopment
Project to include the Manabe-Ow Site. The findings of the agency
shall be final and conclusive notwithstanding any law.
(f) The Manabe-Ow Site consists of the following described real
property:
SITUATE IN THE CITY OF WATSONVILLE, STATE OF CALIFORNIA AND
DESCRIBED AS FOLLOWS:
PARCEL ONE:
BEING A PART OF THE RANCHO BOLSA DEL PAJARO AND BEGINNING ON THE
NORTHWESTERN BOUNDARY OF LANDS OF THE SOUTHERN PACIFIC COMPANY, AND
ON LINE OF LANDS OF ONE LAPORTE, AND RUNNING THENCE ALONG THE SAID
NORTHWESTERN BOUNDARY OF SAID LANDS OF THE SOUTHERN PACIFIC COMPANY
NORTH 50 DEGREES 23' EAST 1654.62 FEET; NORTH 51 DEGREES 3' EAST
132.66 FEET; NORTH 54 DEGREES 10' EAST 132.66 FEET AND NORTH 59
DEGREES 36' EAST 134.64 FEET TO LANDS OF ONE L. BACHAN; THENCE
LEAVING SAID RAILROAD LANDS AND ALONG THE SOUTHWESTERN BOUNDARY OF
SAID LANDS OF BACHAN NORTH 25 DEGREES WEST 539.88 FEET TO LANDS NOW
OR FORMERLY OWNED BY THE SPRECKELS SUGAR COMPANY; THENCE SOUTH 67
DEGREES 6' WEST 442.86 FEET; SOUTH 49 DEGREES 25' WEST 1605.78 FEET
TO THE AFORESAID LANDS OF LAPORTE AND THENCE ALONG THE NORTHEASTERN
BOUNDARY OF SAID LANDS OF LAPORTE SOUTH 23 DEGREES EAST 603.90 FEET
TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE LANDS DESCRIBED IN
THE DEED FROM M.F. FARMING COMPANY, A CORPORATION TO NATIONAL ICE
AND COLD STORAGE COMPANY OF CALIFORNIA, A CORPORATION, RECORDED MARCH
25, 1953 IN BOOK 907, PAGE 294, OFFICIAL RECORDS OF SANTA CRUZ
COUNTY. ALSO EXCEPTING THEREFROM THE LANDS DESCRIBED IN THE DEED FROM
M.F. FARMING COMPANY, A CORPORATION, TO UNITED FOODS, INC., A
CORPORATION, RECORDED JULY 28, 1969 IN BOOK 1965, PAGE 463, OFFICIAL
RECORDS OF SANTA CRUZ COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION
CONVEYED TO THE CITY OF WATSONVILLE BY DEED RECORDED AUGUST 14, 1997
UNDER INSTRUMENT NO. 1997-0086910, OFFICIAL RECORDS OF SANTA CRUZ
COUNTY.
PARCEL TWO:
BEING A PART OF THE RANCHO BOLSA DEL PAJARO AND BEGINNING ON THE
NORTHWESTERN BOUNDARY OF LANDS OF THE SOUTHERN PACIFIC COMPANY AND AT
A STEEL RAIL SET AT THE SOUTHWESTERN CORNER OF LANDS CONVEYED BY
PAJARO VALLEY SAVINGS BANK TO J. LAPORTE BY DEED DATED FEBRUARY 20TH,
1917 AND RECORDED IN VOLUME 271 OF DEEDS, AT PAGE 386, RECORDS OF
SANTA CRUZ COUNTY; AND RUNNING THENCE ALONG THE BOUNDARY OF SAID LAND
OF THE SOUTHERN PACIFIC COMPANY NORTH 50 DEGREES 17' EAST 594.50
FEET TO A FORD AXLE DRIVEN 6 INCHES BELOW THE SURFACE OF THE GROUND,
AND FROM WHICH THE SOUTHEASTERN CORNER OF LANDS CONVEYED BY JOHN J.
MOREY ET UX TO J. LAPORTE BY DEED DATED DECEMBER 24TH, 1909 AND
RECORDED IN VOLUME 219 OF DEEDS, AT PAGE 392 RECORDS OF SANTA CRUZ
COUNTY BEARS NORTH 50 DEGREES 17' EAST 31.31 FEET DISTANT; THENCE
PARALLEL TO AND 30 FEET FROM THE NORTHEASTERN BOUNDARY OF SAID LAST
NAMED LANDS NORTH 23 DEGREES 3' WEST 611.40 FEET TO THE MIDDLE OF A
DRAINAGE DITCH; A 4 X 4 INCH POST SCRIBED L-M BEARS SOUTH 23 DEGREES
3' EAST 12.00 FEET DISTANT; THENCE ALONG THE CENTERLINE OF SAID DITCH
SOUTH 67 DEGREES 51' WEST 565.03 FEET TO THE NORTHWESTERN CORNER OF
THE LANDS CONVEYED BY PAJARO VALLEY SAVINGS BANK TO J. LAPORTE AS
AFORESAID; THENCE LEAVING SAID DITCH SOUTH 22 DEGREES 43' EAST 790.75
FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION
CONVEYED TO THE CITY OF WATSONVILLE BY DEED RECORDED AUGUST 14, 1997
UNDER INSTRUMENT NO. 1997-0086910, OFFICIAL RECORDS OF SANTA CRUZ
COUNTY.
PARCEL THREE:
BEING A PART OF THE RANCHO BOLSA DEL PAJARO AND BEGINNING AT AN
IRON PIPE ON THE MOST NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF THE
SOUTHERN PACIFIC RAILROAD COMPANY AT THE MOST SOUTHERLY CORNER OF THE
LANDS CONVEYED BY MAYNARD A. TATE AND MAYME R. TATE TO M.F. FARMING
COMPANY, BY DEED RECORDED AUGUST 10, 1933 IN VOLUME 250, PAGE 499,
OFFICIAL RECORDS OF SANTA CRUZ COUNTY; THENCE NORTH 22 DEGREES 30'
WEST 994.80 FEET ALONG THE WESTERLY BOUNDARY OF SAID LANDS OF M.F.
FARMING COMPANY TO THE CENTERLINE OF THE DRAINAGE DITCH IN SANTA CRUZ
COUNTY DRAINAGE DISTRICT NO. 3 AND THE SOUTHERLY BOUDARY OF LANDS
NOW OR FORMERLY OF THOMAS SILVARER AND FRANCES E. SILVARER; THENCE
SOUTH 51 DEGREES 00' WEST 698.30 FEET ALONG THE CENTERLINE OF SAID
DRAINAGE DITCH AND THE SOUTHERLY BOUNDARY OF THE LANDS OF SAID
SILVARER, NOW OR FORMERLY AND LANDS OF KJ, MORRIS, ET AL, NOW OR
FORMERLY, TO THE EASTERLY BOUNDARY OF LEE ROAD, BEING COUNTY ROAD NO.
442; SOUTH 22 DEGREES 30' EAST 1,004 FEET, A LITTLE MORE OF LESS,
ALONG THE EASTERLY BOUNDARY OF SAID LEE ROAD TO THE INTERSECTION WITH
THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC
RAILROAD COMPANY; THENCE NORTH 50 DEGREES 25' EAST 701 FEET, A LITTLE
MORE OR LESS, ALONG THE NORTHERLY BOUNDARY OF SAID SOUTHERN PACIFIC
RIGHT OF WAY TO THE PLACE OF BEGINNING. EXCEPTING FROM THE ABOVE
DESCRIBED LANDS THAT PARCEL OF LAND CONVEYED BY GEORGE A. SILVA ET UX
TO THE UNION OIL COMPANY, BY DEED RECORDED JULY 27, 1923 IN VOLUME
15, PAGE 117, OFFICIAL RECORDS OF SANTA CRUZ COUNTY. ALSO EXCEPTING
THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, BY DEED
RECORDED MARCH 27, 1964 IN VOLUME 1607, PAGE 359, OFFICIAL RECORDS OF
SANTA CRUZ COUNTY. ALSO EXCEPTING THEREFROM PARCELS A, C AND D AS
SHOWN ON THE PARCEL MAP RECORDED MAY 16, 1975 IN BOOK 18 OF PARCEL
MAPS, PAGE 45, SANTA CRUZ COUNTY RECORDS.
PARCEL FOUR:
BEING A PART OF THE RANCHO BOLSA DEL PAJARO, AND BEGINNING ON THE
NORTHWESTERN SIDE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC COMPANY
AND AT A STATION FROM WHICH THE NORTHWESTERN OR MOST WESTERN CORNER
OF THE LANDS CONVEYED BY M. GARBINI TO U.S. MEGINNESS, BY DEED
RECORDED IN VOLUME 270 OF DEEDS, PAGE 50, SANTA CRUZ COUNTY RECORDS
BEARS SOUTH 22 DEGREES 35' EAST 52.28 FEET DISTANT AND RUNNING THENCE
FROM SAID POINT OF BEGINNING ALONG THE SAID NORTHWESTERN SIDE OF THE
RIGHT OF WAY OF THE SOUTHERN PACIFIC COMPANY SOUTH 50 DEGREES 25'
WEST 1151.60 FEET TO A STEEL BAR DRIVEN FLUSH WITH THE GROUND; THENCE
LEAVING SAID RIGHT OF WAY AND ALONG THE BOUNDARY OF THE LANDS OF ONE
SILVA NORTH 22 DEGREES 25' WEST 994.60 FEET TO A STATION IN A DITCH
AND FROM WHICH A WITNESS POST ON THE BANK BEARS SOUTH 22 DEGREES 25'
EAST 12 FEET DISTANT; THENCE ALONG THE CENTERLINE OF SAID DITCH AND
ALONG THE BOUNDARY OF LANDS OF ONE SILVARER NORTH 50 DEGREES 44' EAST
479.30 FEET; THENCE ALONG THE BOUNDARY OF LANDS OF ONE LAPORTE NORTH
67 DEGREES 40' EAST 639.36 FEET; THENCE LEAVING THE DITCH AND ALONG
THE BOUNDARY OF THE LANDS FORMER OF CHALMERS SOUTH 22 DEGREES 35'
EAST 791.72 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT
PORTION CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED MARCH
27, 1964 IN VOLUME 1607, PAGE 359, OFFICIAL RECORDS OF SANTA CRUZ
COUNTY.
PARCEL FIVE:
BEGINNING AT A STAKE IN THE SLOUGH WHICH IS AT AN ANGLE ON THE
NORTHWESTERLY BOUNDARY OF THE LAND OF JOHN KENNAUGH, ET AL., THENCE
NORTH 2' DEGREES EAST 571 FEET TO A POST; THENCE NORTH 87 DEGREES 35'
WEST 553 FEET TO A STAKE AT THE CORNER OF A FENCE; THENCE ALONG A
FENCE SOUTH 29' DEGREES WEST 586 FEET TO A STAKE; SOUTH 55 DEGREES
EAST 621 FEET TO THE NORTHWESTERLY BOUNDARY OF SAID KENNAUGH'S LAND
AND THEN ALONG SAID BOUNDARY NORTH 49 DEGREES 25' EAST 412 FEET TO
THE PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PORTION CONVEYED TO
M.F. FARMING COMPANY, A CORPORATION, BY DEED RECORDED MARCH 7, 1957
IN VOLUME 1119, PAGE 573, OFFICIAL RECORDS OF SANTA CRUZ COUNTY.
PARCEL SIX:
BEGINNING AT A 4 INCH BY 4 INCH POST MARKED K-2-H, WHICH IS AT AN
ANGLE IN THE NORTHWESTERLY BOUNDARY OF THE LANDS OF JOHN KENNAUGH AND
WHICH POST IS THE POINT OF BEGINNING IN THE DESCRIPTION OF THE LANDS
CONVEYED TO M.F. FARMING COMPANY, BY ROBERT H. HUDSON, ET UX., BY A
CERTAIN DEED DATED DECEMBER 2161, 1919; FROM SAID POINT OF BEGINNING,
A FENCE POST MARKED W.P.6 STANDING IN A CORNER OF THE ORIGINAL
SOUTHWESTERLY BOUNDARY LINE FENCE BETWEEN THE SAID LANDS FORMERLY
CONVEYED TO M.F. FARMING COMPANY, BY ROBERT H. HUDSON, ET AL, AND
FORMERLY OF JOHN KENNAUGH, BEARS NORTH 83 DEGREES 46' WEST 817.71
FEET; THENCE FROM SAID POINT OF BEGINNING NORTH 2 DEGREES 15' EAST
402.40 FEET ALONG THE LINE OF THE FORMER FENCE BETWEEN THE SAID LANDS
HERETOFORE CONVEYED TO M.F. FARMING COMPANY, BY ROBERT H. HUDSON, ET
AL, AND THE LANDS HEREBY DESCRIBED TO A 4 INCH BY 4 INCH POST MARKED
H.S. 3, WHICH POST STANDS 10 FEET SOUTHERLY MEASURED AT RIGHT ANGLES
FROM THE CENTERLINE OF THE NARROW GAUGE RAILROAD TRACK; THENCE
CONTINUING PARALLEL TO AND 10 FEET DISTANT FROM THE CENTERLINE OF
SAID NARROW GAUGE TRACK SOUTH 87 DEGREES 03' EAST 104.00 FEET TO A
POINT; THENCE ALONG A 27 DEGREES 02' CURVE TO THE RIGHT, HAVING A
RADIUS OF 213.70 FEET AND A LONG CHORD WHICH BEARS SOUTH 68 DEGREES
44' EAST 122.00 FEET TO A 3 INCH POST MARKED H.S. 5; THENCE LEAVING
SAID RAILROAD TRACK SOUTH 14 DEGREES 13' EAST 237.05 FEET TO A 3 INCH
BY 3 INCH POST MARKED K.3. H., WHICH STANDS IN THE NORTHWESTERLY
BOUNDARY OF THE LANDS FORMERLY OF JOHN KENNAUGH; THENCE ALONG SAID
NORTHWESTERLY BOUNDARY SOUTH 67 DEGREES 08' WEST 316.00 FEET TO THE
PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO
FARMERS COLD STORAGE, A CORPORATION, BY DEED RECORDED MARCH 7, 1957
IN VOLUME 1119, PAGE 571, OFFICIAL RECORDS OF SANTA CRUZ COUNTY. ALSO
EXCEPTING THEREFROM THAT PORTION CONVEYED TO UNITED FOODS, INC., A
CORPORATION, BY DEED RECORDED JULY 28, 1969 IN VOLUME 1985, PAGE 463,
OFFICIAL RECORDS OF SANTA CRUZ COUNTY. ALSO EXCEPTING THEREFROM THAT
PORTION CONVEYED TO THE REDEVELOPMENT AGENCY CITY OF WATSONVILLE, BY
DEED RECORDED FEBRUARY 24, 1986 IN BOOK 3945, PAGE 923, OFFICIAL
RECORDS OF SANTA CRUZ COUNTY.
PARCEL SEVEN:
AN OPEN RIGHT OF WAY, APPURTENANT TO PARCELS THREE AND FOUR, FOR
ALL PURPOSES FOR CONVEYANCES AND VEHICLES, TO PASS UNDER THE FREEWAY
AS RESERVED TO M.F. FARMING COMPANY BY DEED RECORDED MARCH 27, 1964
IN VOLUME 1607, PAGE 359, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, SAID
RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING FOR REFERENCE AT THE SOUTHEASTERLY TERMINUS OF THE
COURSE IN THE DEED TO THE STATE OF CALIFORNIA DESCRIBED AS N. 25
DEGREES 34' 30" W., 323.54 FEET; THENCE ALONG SAID COURSE NORTH 25
DEGREES 34' 30" WEST 5.25 FEET TO THE TRUE POINT OF COMMENCEMENT;
THENCE CONTINUING ALONG SAID COURSE NORTH 25 DEGREES 34' 30" WEST
47.44 FEET; THENCE NORTH 52 DEGREES 03' 30" EAST 317.28 FEET TO THE
COURSE HEREINABOVE DESCRIBED AS S. 23 DEGREES 56' 18" E. 56.38 FEET;
THENCE ALONG SAID COURSE SOUTH 23 DEGREES 56' 18" EAST; THENCE SOUTH
52 DEGREES 03' 30" WEST 316.88 FEET TO THE TRUE POINT OF
COMMENCEMENT. THE BEARINGS AND DISTANCES USED IN THE ABOVE
DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 4.
MULTIPLY THE ABOVE DISTANCES BY .9999870 TO OBTAIN GROUND LEVEL
DISTANCES.
PARCEL EIGHT:
A RIGHT OF WAY, APPURTENANT TO PARCEL FOUR, THE CENTERLINE BEING
DESCRIBED AS BEGINNING AT A STATION FROM WHICH THE MOST EASTERLY
CORNER OF THE ABOVE MENTIONED LANDS OF M.F. FARMING COMPANY BEARS
NORTH 50 DEGREES 22' EAST 304.49 FEET, ALSO THE MOST WESTERLY CORNER
OF THE LANDS CONVEYED TO BUD ANTLE COMPANY, A CO-PARTNERSHIP, BY DEED
RECORDED JUNE 7, 1950 IN VOLUME 776, PAGE 56, OFFICIAL RECORDS OF
SANTA CRUZ COUNTY, BEARS SOUTH 22 DEGREES 40' EAST 52.28 FEET AND
NORTH 50 DEGREES 22' EAST 304.48 FEET; THENCE FROM SAID POINT OF
BEGINNING AND RUNNING SOUTH 22 DEGREES 40' EAST 682.74 FEET, AT 52.28
FEET A STATION ON THE SOUTHEAST BOUNDARY OF THE SOUTHERN PACIFIC
RAILROAD RIGHT OF WAY FROM WHICH A Y. INCH PIPE BEARS NORTH 50
DEGREES 22' EAST 10.46 FEET. A TOTAL DISTANCE OF 688.74 FEET TO A
STATION IN THE MIDDLE OF BEACH ROAD, AS CONTAINED IN THE DEED FROM
MAYNARD A. TATE TO M.F. FARMING COMPANY, RECORDED NOVEMBER 10, 1955
IN VOLUME 1046, PAGE 179, OFFICIAL RECORDS OF SANTA CRUZ COUNTY.
APN: 052.104-43 AND 44, AS TO PARCEL ONE
052-104-41 AND 42, AS TO PARCEL TWO
018-361-02 AS TO A PORTION OF PARCEL THREE
052-104-35 AS TO A PORTION OF PARCEL THREE AND PARCEL FOUR
052-104-13 AND A PORTION OF 36 AS TO PARCEL FIVE
052-104-33 AND A PORTION OF 36 AS TO PARCEL SIX
Excepting Parcel B, as shown on the Parcel Map of the Lands of M.
F. Farming, recorded May 16, 1975 in Volume 18 of Parcel Maps, Page
45, Santa Cruz County Records.
PARCEL NINE:
BEGINNING IN THE CENTER OF THE MAIN DITCH OF THE PAJARO DRAINAGE
DISTRICT AND SOUTH 50 50' WEST 4.32 CHAINS FROM THE SOUTHWESTERN
CORNER OF LANDS OF J. LAPORTE, A WITNESS POST BEARS NORTH 20 WEST 10
LINKS DISTANT AND RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH
20 WEST 13.60 CHAINS AND NORTH 42 35' WEST 14.02 CHAINS TO LANDS OF
ONE NELS STRUVE AND THENCE ALONG SAID LANDS OF SAID NELS STRUVE SOUTH
22 WEST 2.87 CHAINS; SOUTH 26 35' WEST 3.45 CHAINS; NORTH 72 WEST
3.98 CHAINS; SOUTH 29 WEST 1.25 CHAINS AND SOUTH 35 25' WEST 4.89
CHAINS TO LANDS OF ONE JULIUS LEE AND THENCE ALONG SAID LAND OF SAID
JULIUS LEE SOUTH 26 EAST 1.30 CHAINS TO THE NORTHWESTERN CORNER OF
LANDS OF ONE HART; THENCE ALONG THE NORTHERN AND EASTERN BOUNDARY OF
SAID HART, SOUTH 76 1/2 EAST 15.52 CHAINS AND SOUTH 23 EAST 12.44
CHAINS TO THE CENTER OF THE AFORESAID DRAINAGE DITCH AND THENCE ALONG
THE SAID CENTER THEREOF NORTH 50 50' EAST 4.32 CHAINS TO THE PLACE
OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE HEREIN
DESCRIBED LANDS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED
JANUARY 18, 1952 IN VOLUME 1517, PAGE 511, OFFICIAL RECORDS OF SANTA
CRUZ COUNTY. EXCEPTING THEREFROM THE LANDS CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED FEBRUARY 28, 1996 IN VOLUME 5804, PAGE
719, OFFICIAL RECORDS OF SANTA CRUZ COUNTY.
PARCEL TEN:
BEGINNING AT THE SOUTHWEST CORNER OF LANDS OF LAPORTE AND IN THE
CENTER OF THE MAIN DITCH OF THE PAJARO DRAINAGE DISTRICT, A WITNESS
POST BEARS NORTH 17 1/4 WEST 15 LINKS DISTANT AND RUNNING THENCE FROM
SAID POINT OF BEGINNING ALONG THE WESTERN BOUNDARY OF SAID LANDS OF
SAID LAPORTE NORTH 17 1/4 WEST 38.10 CHAINS TO LANDS NOW OR FORMERLY
OF MOLLERSKOW AND AT THE MOST EASTERN CORNER OF LANDS OF NELS STRUVE
AND RUNNING THENCE ALONG THE SOUTHEASTERN BOUNDARY OF SAID LANDS OF
SAID NELS STRUVE SOUTH 30 55' WEST 4.48 CHAINS AND SOUTH 22 WEST
10.96 CHAINS; THENCE LEAVING SAID LANDS OF SAID NELS STRUVE SOUTH 42
35' EAST 14.02 CHAINS AND SOUTH 20 EAST 13.60 CHAINS TO THE CENTER OF
AFORESAID DRAINAGE DITCH AND THENCE ALONG THE CENTER OF SAID DITCH
NRTH 60 50' EAST 4.32 CHAINS TO THE PLACE OF BEGINNING. EXCEPTING
THEREFROM THE LANDS CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED FEBRUARY 28, 1996 IN VOLUME 5804, PAGE 719, OFFICIAL RECORDS
OF SANTA CRUZ COUNTY.
PARCEL ELEVEN:
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DEED NO. 29894 TO
THE STATE OF CALIFORNIA, RECORDED JANUARY 18, 1963 IN VOLUME 1617,
PAGE 503, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF SAID PARCEL; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 51 25' 14" WEST 37.60 FEET;
THENCE NORTH 20 40' 33" WEST 138.53 FEET TO THE NORTHERLY LINE OF
SAID PARCEL; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID
PARCEL SOUTH 73 26' 06" EAST 44.05 FEET AND SOUTH 21 04' 46" EAST
100.32 FEET TO THE POINT OF COMMENCEMENT.
PARCEL TWELVE:
A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED NO.
2794 TO THE STATE OF CALIFORNIA, RECORDED JANUARY 29, 1963 IN VOLUME
1519, PAGE 575, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHERLY CORNER OF LAST SAID PARCEL; THENCE
ALONG THE NORTHEASTERLY LINE OF LAST SAID PARCEL SOUTH 21 04' 46"
EAST 174.44 FEET; THENCE NORTH 26 34' 30" WEST 170.95 FEET TO THE
NORTHWESTERLY LINE OF LAST SAID PARCEL; THENCE ALONG LAST SAID LINE
NORTH 52 14' 14" EAST 13.99 FEET TO THE POINT OF COMMENCEMENT.
PARCEL THIRTEEN:
BEGINNING FOR REFERENCE AT THE MOST EASTERLY CORNER OF THE PARCEL
OF LAND CONVEYED TO M.O. PYZER, ET AL., BY DEED RECORDED MARCH 1,
1959 IN VOLUME 1234, PAGE 299, OFFICIAL RECORDS OF SANTA CRUZ COUNTY;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 62 39' 19"
WEST 192.41 FEET; THENCE NORTH 18 26' 59" WEST 48.30 FEET TO A POINT
ON A LINE PARALLEL WITH AND DISTANT 45.00 FEET NORTHWESTERLY AT RIGHT
ANGLES FROM SAID SOUTHEASTERLY LINE, SAID POINT BEING THE TRUE POINT
OF COMMENCEMENT; THENCE ALONG SAID PARALLEL LINE SOUTH 52 39' 19"
WEST 418.48 FEET TO THE WESTERLY LINE OF SAID PARCEL; THENCE ALONG
SAID WESTERLY LINE SOUTH 21 04' 46" EAST 46.63 FEET TO SAID
SOUTHEASTERLY LINE; THENCE ALONG LAST SAID LINE NORTH 52 39' 19" EAST
416.17 FEET TO THE COURSE DESCRIBED ABOVE AS NORTH 18 26' 69" WEST
48.30 FEET, THENCE ALONG LAST SAID COURSE NORTH 18 26' 59" WEST 48.30
FEET TO THE TRUE POINT OF COMMENCEMENT.
PARCEL FOURTEEN;
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DEED NO, 29892,
FIRST TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 1, 1963 IN VOLUME
1569, PAGE 354, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF SAID PARCEL (1569 OR 354);
THENCE ALONG THE SOUTHEASTERLY LINE THEREOF SOUTH 52 14' 14" WEST
13.99 FEET; THENCE NORTH 25 34' 30" WEST 287.40 FEET; THENCE NORTH 2Q
40' 33" WEST, 10.02 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL;
THENCE ALONG SAID NORTHWESTERLY LINE NORTH 51 25' 14" EAST 37.00 FEET
TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG LAST SAID
LINE SOUTH 21 04' 46" EAST 303.63 FEET TO THE POINT OF COMMENCEMENT.
APN: 018-392-01 AS TO PARCEL FIVE
052-104-40 AS TO PARCELS ONE, TWO, THREE, FOUR AND SIX
PARCEL FIFTEEN:
BEGINNING IN THE CENTER OF THE MAIN DITCH OF THE PAJARO DRAINAGE
DISTRICT AND SOUTH 50 DEGREES 50' WEST 4.32 CHAINS FROM THE
SOUTHWESTERN CORNER OF LANDS OF J. LAPORTE, A WITNESS POST BEARS
NORTH 20 DEGREES WEST 10 LINKS DISTANT AND RUNNING THENCE FROM SAID
POINT OF BEGINNING NORTH 20 DEGREES WEST 13.60 CHAINS AND NORTH 42
DEGREES 35' WEST 14.02 CHAINS TO LANDS OF ONE NELS STRUVE AND THENCE
ALONG SAID LANDS OF SAID NELS STRUVE SOUTH 22 DEGREES WEST 2.87
CHAINS; SOUTH 26 DEGREES 35' WEST 3.45 CHAINS; NORTH 72 DEGREES WEST
3.98 CHAINS; SOUTH 29 DEGREES WEST 1.25 CHAINS AND SOUTH 35 DEGREES
25' WEST 4,89 CHAINS TO LANDS OF ONE JULIUS LEE AND THENCE ALONG SAID
LAND OF SAID JULIUS LEE SOUTH 26 DEGREES EAST 1.30 CHAINS TO THE
NORTHWESTERN CORNER OF LANDS OF ONE HART; THENCE ALONG THE NORTHERN
AND EASTERN BOUNDARY OF SAID HART, SOUTH 76 1/2 DEGREES EAST 15.52
CHAINS AND SOUTH 23 DEGREES EAST 12.44 CHAINS TO THE
CENTER OF THE AFORESAID DRAINAGE DITCH
AND THENCE ALONG THE SAID CENTER THEREOF NORTH 50 DEGREES 50' EAST
4.32 CHAINS TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF THE 11 IN DESCRIBED LANDS
GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 18,
1962VOLUME 1517, PAGE 511, OFFICIAL RECORDS OF SANTA CRUZ COUNTY.
EXCEPTING THEREFROM THE LANDS CONVEYED TO THE STATE OF CALIFORNIA
BY DEED RECORDED FEBRUARY 28, 1996 IN VOLUME 5804, PAGE 719, OFFICIAL
RECORDS OF SANTA CRUZ COUNTY.
PARCEL SIXTEEN:
BEGINNING AT THE SOUTHWEST CORNER OF LANDS OF LAPORTE AND IN THE
CENTER OF THE MAIN DITCH OF THE PAJARO DRAINAGE DISTRICT, A WITNESS
POST BEARS NORTH 17 1/4 DEGREES WEST 15 LINKS DISTANT AND RUNNING
THENCE FROM SAID POINT OF BEGINNING ALONG THE WESTERN BOUNDARY OF
SAID LANDS OF SAID LAPORTE NORTH 17 1/4 DEGREES WEST 36.10 CHAINS TO
LANDS NOW OR FORMERLY OF MOLLERSKOW AND AT THE MOST EASTERN CORNER OF
LANDS OF NELS STRUVE AND RUNNING THENCE ALONG THE SOUTHEASTERN
BOUNDARY OF SAID LANDS OF SAID NEILS STRUVE SOUTH 30 DEGREES 55' WEST
4.48 CHAINS AND SOUTH 22 DEGREES WEST 10.96 CHAINS; THENCE LEAVING
SAID LANDS OF SAID NELS STRUVE SOUTH 42 DEGREES 35' EAST 14.02 CHAINS
AND SOUTH 20 DEGREES EAST 13.60 CHAINS TO THE CENTER OF AFORESAID
DRAINAGE DITCH AND THENCE ALONG THE CENTER OF SAID DITCH NORTH 50
DEGREES 50' EAST 4.32 CHAINS TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE LANDS CONVEYED TO THE STATE OF CALIFORNIA
BY DEED RECORDED FEBRUARY 28, 1996 IN VOLUME 5804, PAGE 719, OFFICIAL
RECORDS OF SANTA CRUZ COUNTY.
PARCEL SEVENTEEN:
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DEED NO. 29894 TO
THE STATE OF CALIFORNIA, RECORDED JANUARY 18, 1963 IN VOLUME 1517,
PAGE 503, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EASTERLY CORNER OF SAID PARCEL; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 51 DEGREES 25' 14" WEST
37.60 FEET; THENCE NORTH 20 DEGREES 40' 33" WEST 138.53 FEET TO THE
NORTHERLY LINE OF SAID PARCEL; THENCE ALONG THE NORTHERLY AND
EASTERLY LINES OF SAID PARCEL SOUTH 73 DEGREES 26' 06" EAST 44.05
FEET AND SOUTH 21 DEGREES 04' 46" EAST 100.32 FEET TO THE POINT OF
COMMENCEMENT.
PARCEL EIGHTEEN:
A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED NO.
27945 TO THE STATE OF CALIFORNIA, RECORDED JANUARY 29, 1963 IN
VOLUME 1519, PAGE 575, OFFICIAL RECORDS OF SANTA CRUZ COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERLY CORNER OF LAST SAID PARCEL; THENCE
ALONG THE NORTHEASTERLY LINE OF LAST SAID PARCEL SOUTH 21 DEGREES 04'
46" EAST 174.44 FEET; THENCE NORTH 25 DEGREES 34' 30" WEST 170,95
FEET TO THE NORTHWESTERLY LINE OF LAST SAID PARCEL; THENCE ALONG LAST
SAID LINE NORTH 52 DEGREES 14' 14" EAST 13.99 FEET TO THE POINT OF
COMMENCEMENT.
PARCEL NINETEEN:
BEGINNING FOR REFERENCE AT THE MOST EASTERLY CORNER OF THE PARCEL
OF LAND CONVEYED TO M.O. PYZER, ET AL., BY DEED RECORDED MARCH 1,
1959 IN VOLUME 1234, PAGE 299, OFFICIAL RECORDS OF SANTA CRUZ COUNTY;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL SOUTH 52 DEGREES
39' 19" WEST 192.41 FEET; THENCE NORTH 18 DEGREES 26' 59" WEST 48.30
FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 45.00 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM SAID SOUTHEASTERLY LINE, SAID
POINT BEING THE TRUE POINT OF COMMENCEMENT; THENCE ALONG SAID
PARALLEL LINE SOUTH 52 DEGREES 39' 19" WEST 418.48 FEET TO THE
WESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID WESTERLY LINE SOUTH
21 DEGREES 04' 46" EAST 46.63 FEET TO SAID SOUTHEASTERLY LINE; THENCE
ALONG LAST SAID LINE NORTH 52 DEGREES 39' 19" EAST 416.17 FEET TO
THE COURSE DESCRIBED ABOVE AS NORTH 18 DEGREES 26' 59" WEST 48.30
FEET, THENCE ALONG LAST SAID COURSE NORTH 18 DEGREES 26' 59" WEST
48.30 FEET TO THE TRUE POINT OF COMMENCEMENT.
PARCEL TWENTY:
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DEED NO. 29892-FIRST
TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 1, 1963 IN VOLUME 1569,
PAGE 354, OFFICIAL RECORDS OF SANTA CRUZ COUNTY, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE EASTERLY CORNER OF SAID PARCEL (1569 OR 354);
THENCE ALONG THE SOUTHEASTERLY LINE THEREOF SOUTH 52 DEGREES 14' 14"
WEST 13.99 FEET; THENCE NORTH 25 DEGREES 34' 30" WEST 287.40 FEET;
THENCE NORTH 20 DEGREES 40' 33" WEST, 10.02 FEET TO THE NORTHWESTERLY
LINE OF SAID PARCEL; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 51
DEGREES 25' 14" EAST 37.60 FEET TO THE NORTHEASTERLY LINE OF SAID
PARCEL; THENCE ALONG LAST SAID LINE SOUTH 21 DEGREES 04' 46" EAST
303.83 FEET TO THE POINT OF COMMENCEMENT,
APN: 018.392-01 AS TO PARCEL 11
052-104-40 AS TO PARCELS 7, 8, 9 10 AND 12
SEC. 3. The Legislature finds and declares that,
because of the unique circumstances applicable only to the
redevelopment agency of the City of Watsonville, a statute of general
applicability cannot be enacted within the meaning of subdivision
(b) of Section 16 of Article IV of the California Constitution.
Therefore, this special statute is necessary.
SECTION 1. Section 21089 of the Public
Resources Code is amended to read:
21089. (a) A lead agency may charge and collect a reasonable fee
from a person proposing a project subject to this division in order
to recover the estimated costs incurred by the lead agency in
preparing a negative declaration or an environmental impact report
for the project and for procedures necessary to comply with this
division on the project. Litigation expenses, costs, and fees
incurred in actions alleging noncompliance with this division under
Section 21167 are not recoverable under this section.
(b) The Department of Fish and Game may charge and collect filing
fees, as provided in Section 711.4 of the Fish and Game Code.
Notwithstanding Section 21080.1, a finding required under Section
21081, or a project approved under a certified regulatory program
authorized pursuant to Section 21080.5 is not operative, vested, or
final until the filing fees required pursuant to Section 711.4 of the
Fish and Game Code are paid.
(c) (1) (A) A public agency may charge and collect a reasonable
fee from members of the public for a copy of an environmental
document not to exceed the cost of reproducing the environmental
document.
(B) A public agency may provide the environmental document in an
electronic format as prescribed pursuant to Section 6253.9 of the
Government Code.
(2) For purposes of this subdivision, "environmental document"
means an initial study, negative declaration, mitigated negative
declaration, draft and final environmental impact report, a document
prepared as a substitute for an environmental impact report, negative
declaration, or mitigated negative declaration under a program
certified pursuant to Section 21080.5, and a document prepared under
the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec.
4321 et seq.) and used by a state or local agency in the place of
the initial study, negative declaration, mitigated negative
declaration, or an environmental impact report.