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Resolution 1296 RESOLUTION NO. 1296 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING Cl (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF A PORTION OF THE PREMISES AT THE NORTHEAST CORNER OF HECKER PASS HIGHWAY AND KERN AVENUE WHEREAS, the application has heretofore been made by GILROY THEATRE COMPANY to the Planning Commission of the City of Gilroy for the rezoning from Rl District and placing in Cl 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 southerly three (3) acres, more or less, of the hereinafter described premises, a Special Zoning Exception be granted by the Council so as to permit Cl (Neighborhood Commercial) development pursuant to Section 49 of the Zoning Ordinance, and WHEREAS, the Council of the City of Gilroy has fixed the 2nd day of December, 1968, 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 the said Planning Commission. );<9(P -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 Cl (Neighborhood Commercial) development of the southerly 429.89 feet of the following described premises: The real property situated in the County of Santa Clara State of California, described as follows: ALL OF LOT 12 and PORTION OF LOTS 11, 18 and 19, as shown upon that certain Map entitled "Map of Henry Miller's Subdivision of Las Animas Ranch Lot No. 23" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on September 4, 1893 in Book H of Maps, at page 5, and more particularly described as follows~ BEGINNING at the point of intersection of the center line of Avenue K also known as Kern Avenue, with the Northerly line of Bodfish Mill Road, as said Avenue and Road are shown upon the Map above referred to; thence from said point of beginning and along the center line of Avenue K also known as Kern Avenue, North 10 East 1058.04 feet to the Southwesterly corner of that certain 6.715 acre tract of land described in the Deed from Fred Sturla to Planters Corporation, a corporation, dated AprilS, 1945, recorded April 20, 1945 in Book 1255 O.R. page 231, Santa Clara County Records; thence along the Southerly line of the parcel of land so described in the Deed to said Planters Corporation, a corporation, South 880 58' East 545.38 feet to the Southeast corner of said 6.715 acre tract; thence running South 10 07. West 1059.57 feet to the Northerly line of Bodfish Mill Road; thence along the Northerly line of Bodfish Mill Road North 890 West 543.30 feet to the point of beginning.fli,:; 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 from this date, or as extended by further resolution of this Council, the premises be rezoned as requested. -2- PASSED AND ADOPTED this 2nd day of December, 1968, by the following vote: AYES: COUNCI lMEMBERS ~ NOES: ABSENT: COUNCIlMEMBERS: COUNCIlMEMBERS: ATTEST~ 0)7 i j C1A1t1/j ~ , City Clerk (_=~ {I t".,' -'71".,,",1 iLl/ /,'Il ,.-vV' /j '_ "/J ,(:>'" A/ r ~ \ ~ Allemand, Duffin, Kennedy, Silva, Wentworth and Goodrich Quartiroli APPROVED: z/' ' ;:: , ,/1 ,- ,,' - {"'C --:~jt:cCf( <<~-ck,i~/! Mayor -2- 'C_i I, SUSANNE E. STEINNETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1296 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of December , 19 68, 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 68 . ,4th day of December /0 .JIO~ltt1U /City Clerk of the /6--: ,/ ," //{C4nnJ~ ,; City of Gilroy