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Resolution 1832 L "" '1f" """" RESOLUTION NO. 1832 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING 1.91 ACRES OF R3 (LOW DENSITY MULTIPLE FAMILY RESIDENCE) DEVELOPMENT, 0.5 ACRES OF R2 (TWO FAMILY RESIDENCE) DEVELOPMENT AND 29.5 ACRES OF Rl (SINGLE FAMILY RESIDENCe) DEVELOP- MENT OF A 31.91 ACRE PARCEL LOCATED NORTH AND SOUTH OF THIRD STREET AT WREN AVENUE. WHEREAS, the application has heretofore been made by SAN MARTIN VINEYARDS to the Planning Commission of the City of Gilroy for the change of the prior prezoning of 48.51 acres from Rl (Single Family Residence) to 1.56 acres of R3 (Low Density Multiple Family Residence), 0.5 acres of R2 (Two Family Residence), 46.45 acres of Rl (Single Family Residence), and the rezoning of 3.91 acres from Rl (Single Family Residence) to R3 (Low Density Multiple Family Residence), for the premises hereinafter described; and WHEREAS. 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, and has made its report to the Council of the City of Gilroy, in which it reports that applicant withdrew 2.0 acres from its request to rezone to R3 and 18.51 acres from its request to change prezoning and then recommends that a Special Zoning Exception be granted by the Council so as to permit development of the re- maining 31.91 acres, more or less, as hereinafter set forth, pursuant to Section 49 of the Zoning Ordinance upon annexation; and WHEREAS, annexation of the parcel has now been completed; and WHEREAS, the Council of the City of Gilroy has fixed the 15th day of July, 1974, at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall at 7390 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 has been -1- RESOLUTION NO. 1832 . , . c :> 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, before the Council, and the Council having duly considered'the said application and the evidence presented, and has determined that the Special Zoning Exception should be granted in accordance with the report of the said Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY that subject to the following conditions, a Special Zoning Exception pursuant to Section 49 of the Zoning Ordinance of the City of Gilroy is hereby granted so as to permit 1.91 acres of R3 (Low Density Multiple Family Residence) development, 0.5 ac~es of R2 (Two Family Residence) development and 29.5 acre~ more or less, of Rl (Single Family Residence) development pursuant to the plans on file the following described premises. All that real property situated in the City of Gilroy, Santa Clara County, California. described as portions of Parcels 803-25-47, 52 and 55 as shown in the Santa Clara County Tax Assessor's Map Book. As to the rezoning from Rl to R3, 1.91 acres, more or less, located on the west side of Wren Avenue and north of Montebello Drive. As to the rezoning of prior prezoning, 30.00 acres, more or less, located 1,098 feet north and 882 feet south of Third Street bounded on the east by the easterly line of Wren Avenue south of Third Street, Wren Avenue plus one row of lots north of Third Street, 280 + south of the north property line and by Castlewood Park Unit 6 and 7 on the west. As shown on a map on file in the office of the Secretary of the Planning Commission. BE IT FURTHER RESOLVED that the following conditions are imposed: 1. That the R3 portion of the development be subject to plan approval by the Cmmmission prior to issuance of building permits. 2. That building permits be issued for no more than seventy (70) dwelling units per year, on a non- cumulative basis, -2.. RESOLTUION NO. 1832 _<"f . c o .. 3. All improvements on Third Street shall be com- pleted for its full length. 4. All improvements on the west side of Wren Avenue and paving for two-way traffic shall be completed. 5. Montebello Drive shall be completed curb-to- curb west from Wren Avenue, or as alternative, a paved access approved by the City Engineer be provided from Ortega Circle to Wren Avenue. 6. Agreement with the Gilroy Unified School District by applicant prior to occupancy of units on same basis as other developers. BE IT FURTHER RESOLVED that upon completion of the development in accordance with the plans, as filed and approved, within one (1) year from this date, or as extended by this or further resolution of this Council, the premises be rezoned as requested. PASSED AND ADOPTED this 15th day of July, 1974, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN and PATE COUNCILMEMBERS: STOUT and GOODRICH COUNCILMEMBERS: SILVA APPROVED: 7I~~ Mayor A:L~?~~ / . City Clerk -3- RESOLUTION NO. 1832 t"""'-."" ._'If..... I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy~ do hereby certify that the attached Resolution No. 1832 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci I held on the 15th day of July , 19~, 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 18th day of July , 1 9 ..l.!!.-.