GILROY
– Amid allegations it was violating California environmental
law, a split City Council Monday brought 60 more acres – 50 of
which could become a second public high school – into Gilroy
proper.
After roughly two hours of detailed debate that scrutinized
actions from the city’s planning procedures to the intentions of
the Catholic Church, Council voted 4-2 to annex a 60-acre parcel at
Day Road and Santa Teresa Boulevard into the city.
GILROY – Amid allegations it was violating California environmental law, a split City Council Monday brought 60 more acres – 50 of which could become a second public high school – into Gilroy proper.
After roughly two hours of detailed debate that scrutinized actions from the city’s planning procedures to the intentions of the Catholic Church, Council voted 4-2 to annex a 60-acre parcel at Day Road and Santa Teresa Boulevard into the city. The decision makes it significantly easier for developers to bring police and fire protection, water and sewer service and improved roads to future projects on the new city parcel.
Mayor Tom Springer and Councilman Peter Arellano voted against the annexation. Councilman Craig Gartman, a substitute teacher for GUSD, reclused himself from the discussion and the vote.
The property, which is owned by the Silveira family and is being developed by John Filice of the Glen Loma Group, was annexed as a future 10-acre Catholic parish and elementary school site and a 50-acre housing development. However, housing permits for the land will not be available for more than a decade, and the Gilroy Unified School District is moving quickly to purchase the 50 acres so it can build a second comprehensive public high school by 2008.
Opponents say annexing the Silveira property as only a residential and parish site violates environmental law. Annexation triggers California Environmental Quality Act guidelines, which say environmental reviews and zoning changes must consider all reasonable development possibilities for the land.
“The question becomes, ‘What is the real project here?’ ” said Bruce Tichinin, a lawyer for residents opposed to developing the high school on Day Road. “It could not be moreclear that it probably involves the construction of the high school on this site.”
Filice and Monsignor Michael Mitchell, of the Diocese of San Jose, testified Monday that plans for developing homes and a parish on the Silveira property have existed since 1999. They told Council it would be unfair to let a third party developer (the school district) delay its project.
Before GUSD can purchase the site, it must complete a roughly one-year environmental review process of the Silveira property and other alternative sites. At the end of the process, it is possible GUSD will not be able to build a site on Day Road.
The environmental work required of the school district by the state would either prohibit the high school’s development or make GUSD mitigate for negative impacts, Councilman Al Pinheiro said.
“It’s not fair of us to keep (the church and Glen Loma Group) from doing what they wanted all along,” Pinheiro said.
For Springer and Arellano, who cast the two dissenting votes, Glen Loma Group’s franknessabout the housing project is in question. Both councilman were troubled by a letter from GUSD Superintendent Edwin Diaz that references an attempt to secure 50 acres of the site for the new high school.
Although the letter only talks about a non-binding agreement to purchase the land, it demonstrates a desire to sell the 50 acres to the school district and not to keep it for future residential development.
If the Catholic church has a partner in developing the property in the near term, it will not have to foot the bill for infrastructure costs alone. Under the plan presented last night, the Catholic church may have to wait 10 to 15 years for new housing allocations to come down the pipeline.
Mitchell, the San Jose monsignor, acknowledged the church has not raised the funds required to build the Day Road parish, triggering more scrutiny from Springer.
“If the funds aren’t there (to develop the church), what is the sense of urgency now?” Springer asked. “Why not take the time to do some additional (environmental) study?”
After the hearing, Mitchell said the Diocese of San Jose has raised enough funds to purchase the site and will now begin raising funds to build the physical parish which could include a school.
Day Road area residents said they would meet Saturday to discuss their next move.
