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Resolution 1665 RESOLUTION NO. 1665 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING C1 (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF A 2.6 ACRE PORTION OF THE 20 ACRE PARCEL, MORE OF LESS, LOCATED ON THE NORTHWEST CORNER OF KERN AVENUE AND FIRST STREET, AND DENYING C1 ZONING AND R3 ZONING OF THE REMAINING 17.4 ACRES, MORE OR LESS WHEREAS, the application has heretofore been made by BEN MORTON to the Planning Commission of the City of Gilroy for the rezoning from Rl District and placing in R3 and C1 Districts 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 recommends that R3 (Low Density Multiple) and C1 (Neighborhood Commercial) zoning be denied for the hereinafter described premises, but that a Special Zoning Exception be granted by the Council so as to permit C1 (Neighborhood Commercial) development of the 2.6 acres on the northwest corner of Kern Avenue and First Street pursuant to Section 49 of the Zoning Ordinance; and WtIEREAS, the Council of the City of Gilroy has fixed the 7th day of August, 1972, 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 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 -1- RESOLUTION NO. 1665 the evidence presented, and has determined that R3 and Cl zoning should be denied, but 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 CITY COUNCIL OF THE CITY OF GILROY that R3 (Low Density Multiple) and Cl (Neighborhood Commercial) zoning be denied as to the following described premises. BE IT FURTHER RESOLVED that a Special Zoning Exception pursuant to Section 49 of the Zoning Ordinance of the City of Gilroy is hereby granted so as to permit Cl (Neighborhood Commercial) development of the two commercial buildings simul- taneously on the following described 2.6 acre premises, or no building permit be issued. The said premises hereinbefore mentioned are described as follows: All that certain real property situate in the County of Santa Clara, State of California, described as follows: As to which Section 49 development is approved, 2.6 acres on the northwest corner of Kern Avenue and First Street shown as Parcel 786-32-034 in the Santa Clara County Tax Assessor's Map Book. As to which rezoning is denied, 17.4+ acres on the northwest corner of Kern Avenue and First Street, shown as Parcels 786-32-033 and 035 in the Santa Clara County Tax Assessor's Map Book. BE IT FURTHER RESOLVED that complete plans for the proposed development be filed with and approved by the Council prior to the issuance of a building permit. BE IT FURTHER RESOLVED that upon completion of the development in accordance with the plans filed and approved within one (1) year -2- RESOLUTION NO. 1665 from this date, or as extended by further resolution of this Council, the premises be rezoned as requested. PASSED AND ADOPTED this 7th day of August, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN, HUG:HAN, SILVA, STOUT and GOODRICH NOES: COUNCILMEMBERS: PATE ABSENT: COUNCILMEMBERS: NONE APPROVED: ) A ~.' /' d '\ tI I ~<<d>7'C/~~~.c:~ Mayor ATTEST: i (81 '4-{) a,rrJ?t., i -3- RESOLUTION NO. 1665 I, SUSANNE E. STEI~IETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1665 is an original' resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held On the 7th day of Augus t , 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 15th day of A,ugus t , , 19 .E... !