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Resolution 1545 RESOLUTION NOe 1545 RESOLUTION OF THE CITY OF GILROY APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND THE CONDITIONS IMPOSED HEREIN, AND GRANTING IN CONNECTION THEREWITH A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING 9.8 ACRES OF Rl (SINGLE FAMILY RESIDENCE), 13.5 ACRES OF R3 (LOW DENSITY MULTIPLE FAMILY RESIDENCE) AND 0.8 ACRE OF Cl (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF THAT 24.1 ACRE PARCEL LOCATED ON THE WEST SIDE OF MESA ROAD NORTH OF AND ADJACENT TO GAVILAN COLLEGEe WHEREAS, SAMUEL R. SPENCER has heretofore filed with the Planning Commission of the City of Gilroy a petition in due from requesting approval of a Planned Unit Development permit and in connection therewith the rezoning of 24.1 acres of the premises hereinafter described from IZ (Interim Zone) District to 9.8 acres of Rl (Single Family Residence) District, 13.5 acres of R3 (Low Density Multiple Family Residence) District and 0.8 acre of Cl (Neighborhood Commercial) District, 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 approval of a planned unit development permit, subject to certain conditions, and further recormnends that as to the 24.1 acres, more or less, hereinafter described a Special Zoning Exception be granted by the Council so as to permit 9.8 acres of Rl (single family residence), 13.5 acres of R3 (low density multiple family residence) and 0.8 acre of Cl (neighborhood conrnercial) development pursuant to Section 49 of the Zoning Ordinance, and WHEREAS, the Council of the City of Gilroy has fixed the 16th day of February, 1971, 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 f j' i ! r,.. 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 the evidence presented, the Council does hereby determine: 1. That the Council approves and adopts the findings of the Planning Commission set forth in its Resolution No. 511. 2. That Planned Unit Development permit be granted subject to the conditions set forth below. 3. That the special zoning exception be granted in accordance with the report of the Planning Commission. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY that a Planned Unit Development permit be granted for the premises described below, subject to the following conditions: 1. That the Planned Unit Development permit be issued subject to the condition that all improvements are to be constructed in accordance with plans, specifications, designs, and landscaping filed with and approved by the Planning Commission and the Councilor no building permit be issued. 2. That construction start within six (6) months of this date and that the entire project be completed in four (4) stages of construction within five (5) years of this date as set forth on the plans filed with this application. 3. That the applicant execute a development agreement with the City for on-site and off-site improvements in a form satisfactory to the City in accordance with applicable regulations. FURTHER BE IT 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 9.8 acres of Rl (Single Family -2- Residence), 13.5 acres of R3 (Low density multiple family residence) and 0.8 acre of Cl (Neighborhood Commercial) development of the following described premises: Located in the City of Gilroy, County of Santa Clara, State of California, to wit: Westerly of and adjacent to Mesa Road northerly of Gavilan Junior College, shown as parcel 803-31-29 in the Santa Clara County Assessor's Map Book. Containing 24.1 acres. BE IT FURTHER RESOLVED that upon commencement of construction within six (6) months of the Resolution, the entire premises be rezoned as requested. PASSED AND ADOPTED on the 16th day of February, 1971, by the following vote: AYES: COUNCILMEMBERS: DUFFIN, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: None / . i/ City' Clerk BATREZ APPROVED: "--:1-<"' d .0 . '/I /1 h~;U.d4>../;.;:vr~-~e:4 Mayor -3- .. I, SUSANNE E. STEIW1ETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1545 is an original resolution. duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of February , 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 2nd , 19 E. day of March ( .(/ k){NlhU It:., ~ity Clerk of the City ''j it, ,.....--. j (//7Z,"11'., .{. 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