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Resolution 1305 RESOLUTION NO.1305 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING R3 (LOW DENSITY MULTIPLE FAMILY RESIDENCE) DEVELOPMENT OF A FIVE ACRE PARCEL MORE OR LESS, ON THE SOUTH SIDE OF HECKER PASS HIGHWAY WEST OF MILLER AVENUE WHEREAS, the application has heretofore been made by GILROY DEVELOPMENT COMPANY to the Planning Commission of the City of Gilroy for the rezoning from Rl District and placing inR3 District 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 as to the five (5) acres, more or less, hereinafter described, a Special Zoning Exception be granted by the Council so as ill permit R3 (Low Density Multiple Family Residence) development pursuant to Section 49 of tre Zoning Ordina nce, and WHEREAS, the Council of the City of Gilroy has fixed the 20th day of January, 1969, at the hour of 8:00 o'clock P.M. in the Council Chambers in the City Hall at No. 10 South 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 the evidence presented, and has determined that the Special Zoning Exception should be granted in accordance with the report of said Planning Commission; ) -~ f! ( --'' '-/ G' ,,) -1- NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY 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 R3 (Low Density Multiple Family Residence) develop- ment of the following described premises: The following described premises located in the City of Gilroy, County of Santa Clara, State of California, to wit: BEGINNING at a 6" x 6" Redwood post marked J-B-4-M standing on the Southerly line of the Hecker Pass Highway, formerly Bodfish Mill Road, at a point 370 feet Westerly from the point of intersection of said Southerly line of the Hecker Pass Highway with the center of Miller Avenue and running thence paralle 1 with said Miller Avenue, and at right angle s to Hecker Pass Highway South 10 West 11.71 1/4 chains to a 6" x 6" Redwood post standing in the center line of Second Street West, and marked J-B-3-M; thence along the center line of Second Street West, North 890 West 4.27 chains to a 2" x 3" stake marked AI thence parallel with the first course North 10 East 11.71 1/4 chains to a stake marked A-I standing on the Southerly line of the Hecker Pass Highway; thence alon~ the Southerly line of the Hecker Pass Highway South 89 East 4.27 chains to the place of beginning. CONTAiNING APPROXIMATELY 5 acres. Together with that certain parcel of land situate in the County of Santa Clara, State of California, described as follows: Being a part of Ranch Lot 16 as said Lot is shown upon Map No. 7 accompanying the report of the Referees in the Las Animas Rancho Partition Suit, Action No. 5536 had in the Superior Court of the State of California, in and for the County of Santa Clara, and more particularly that part of said Lot des- cribed as follows: Beginning at a point in the Westerly line of Miller Avenue distant thereon Southerly 367.90 feet from the intersection of said line of Miller Avenue with the Southerly line of the Hecker Pass Highway (Bodfish Mill Road); and running thence Southerly along said line of Miller Avenue 50.00 feet; thence westerly at right angles 330.00 feet; thence parallel with Miller Avenue 50.00 feet Northerly; thence Easterly at right angles 330.00 feet to the point of beginning.#k 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. -2- BE IT FURTHER RESOLVED that upon comp1etron of the development in accordance with the plans filed and~proved within one (1) year from this date, or as extended by further resolution of this Council, the premises be rezoned as requested. PASSED AND ADOPTED this 20th day of January, 1969, by the following vote: AYES: COUNCILMEMBERS: Allemand, Duffin, Kennedy, Quartiro1i, Silva, Wentworth and Goodrich NOE S: ABSENT: COUNCILMEMBERS: None COUNCILMEMBERS: None APPROVED: r 0 ""oJ ", /. ,r, . /"/ ;/<, // I / ::-(7/~C. d ~,~~, ~ ~~' -t: ~.:...~-f<; Mayor ATTEST: / ~) )/OtZf11U) ~ -(:8 ~t, City Clerk r -3- ...... ,. - .. - . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1305 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of January , 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 22nd day of January , 196L. ,Jh1<?a.uXt) ~) ity Clerk of the City of