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Ordinance 1984-01O}LDINANCE NO. 84-1 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 6.84 ACRE PARCEL ON THE EAST SIDE OF KERN AVENUE BETWEEN FIRST STREET AND WELBURN AVENUE FROM R3 PUD (MEDIUM DENSITY P~ESIDENTIAL PLANNED UNIT DEVELOPMENT) DISTRICT TO R4 PUD (HIGH DENSITY RESIDENTIAL PLANNED UNIT DEVELOPMENT) DISTRICT WHEREAS, application Z 83-6 has heretofore been made by PAUL W. BERTUCCIO to the Planning Commission of the City of Gilroy for the rezoning of the premises hereinafter described from R3 PUD to R4 PUD District; and WltE~S, the Planning Commission of the City of Gilroy has given due notice of a public hearing upon the said application, in accordance with the Zoning Ordinance of the City of Gilroy, has held the hearing, has approved a Negative Declaration under the California Enviro~nental Quality Ace, has determined that the rezoning will not have a significant adverse affect on the environment, and has made its report to the Council of the City of Gilroy, in which it recommends that the hereinafter described premises be rezoned from R3 PUD (Medium Density Residential Planned Unit Development) District to R4 PUD (High Density Residential Planned Unit Development) District; and WHEREAS, the Council of the City of Gilroy has fixed the 6th day of February, 1984 at the hour of 8:00 otclock p.m., in the Council Chambers in the City Hall at 7351 Rosanna Street, Gilroy, California, as the time and place for hearing the said report and recommendation upon the said application, and notice of the said hearing ha~ been given in accordance with the said Zoning Ordinance, and a public hearing has now been held upon the said application, at the time and place fixed in the said notice and as continued before the Council, and the Council having duly considered the said application and the evidence presented, has approved the Initial Study and the Negative Declaration under the California Environmental Quality Act, and has deter~nined that the said Zoning Ordinance should be amended in accordance with the report of the said Planning Commission. NOW, THEREFORE, Tt~ COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: The Zoning Ordinance of the City of Gilroy is hereby amended by removing from R3 PUD District and placing in R4 PUD District, as the same are described and defined in the Zoning Ordinance of the City of Gilroy, the following described premises: All that certain real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: The 6.84 acre parcel on the east side of Kern Avenue between First Street and Welburn Avenue, identified as Santa Clara County Assessor's Parcel No. 790-21-027. Section 2: The official map constituting a part of the Zoning Ordinance of the City of Gilroy shall be amended to reflect the foregoing changes of classification of the said property. Section 3: Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. ORDINANCE NO. 84-1 -2- Section 4; This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 21st day of February 1984 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, KI,OECKER, MUSSALEM, PATE, VALDEZ and HUGHAN COUNCI~fEMBERS: NONE COUNCIIA~MBERS: GAGE ORDINANCE NO. 84-1 -3- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 84-1 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 February , 19 84 , 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 27th day of February , 19 84 /City Clerk of the City of Gilroy~--~ (Seal)