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.
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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.
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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 ~
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City Clerk
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Allemand, Duffin, Kennedy,
Silva, Wentworth and
Goodrich
Quartiroli
APPROVED:
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Mayor
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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
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City of Gilroy