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Ordinance 1992-05ORDINANCE NO. 92-5 AN ORDINANCE OF THE CITY OF GILROY APPROVING A REZONING FROM Cl TO R3-PUD AND R2 ON APPROXIMATELY 2.72 ACRES OF PROPERTY LOCATED ON EIGLEBERRY STREET BETWEEN SIXTH AND SEVENTH STREETS, APN 799-08-14 THROUGH 21, 799-08-45 THROUGH 51, AND 799-08-60 WHEREAS, Marko Gera has submitted Z 92-02, to amend the zoning map of the City of Gilroy to rezone parcels APN 799-08-47 through -51 and 799-08-60 on the'east side of Eigleberry Street between Sixth and Seventh Streets from Cl to R3 PUD; and WHEREAS, the City has initiated a request to amend the zoning map of the city of Gilroy to rezone parcels APN 799-08-14 through -21, on the west side of Eigleberry Street between Sixth and Seventh Streets from Cl to R2, and to rezone parcels APN 799-08-45 and 799-08-46 on the east side of Eigleberry Street between Sixth and Seventh Streets from C3 to R3-PUD; and WHEREAS, the City Council adopted Resolution 92-12 (attached) approving a Mitigated Negative Declaration and adopting a mitigation monitoring program for the project as a whole in accordance with the California Environmental Quality Act on February 3, 1992; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 5, 1992 and after that public hearing the Planning Commission did unanimously adopt Resolution No. 92-12 approving both rezoning requests; and WHEREAS, the City Council held a duly noticed public hearing on Z 92-02 and the City initiated rezoning request on March 16, 1992; and WHEREAS, the City Council hereby finds as follows: 1. The Mitigated Negative Declaration for this project reflects the independent judgment of the City; and 2. The City has take all actions required by CEQA. ORDINANCE NO. 92 - 5 -1- THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: The request to rezone parcels APN 799-08-47 through 51 from Cl to R3-PUD should be and hereby is approved. SECTION II: The request to rezone parcels APN 799-08- 14 through -21, 799-08-45, and 799-08-46 from Cl to R2 should be and hereby is approved. SECTION III: This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 6th day of April , 1992 by the following vote: AYES: COUNCILMEMBERS:GILROY, HALE, KLOECKER, NELSON, ROWLISON and GAGE. NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:VALDEZ RESOLUTION NO. 92 - 5 -2- I, SUSANNE E. STEINMETZ~ City Clerk of the City of Gilroy~ do hereby certify that the attached Ordinance No. 92'5 is an original resolutionI duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of April , 19 92 , 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 19 92. - ( Seal ) 7th day of April ,