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Ordinance 838 . n_.~_~_I..~~~_~____.._ .._,___.,. .-. .......-; ,. ORDINANCE NO. 838 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A PORTION OF PREMISES AT THE NORTHEAST CORNER OF HECKER PASS HIGHWAY AND KERN AVENUE FROM R1 DISTRICT TO C1 DISTRICT 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 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 the northerly ten (10) acres, more or less, of the hereinafter described premises be rezoned from Rl (Single Family Residence) District to C1 (Neighborhood Commercial) District; and WHEREAS, the Council of the City of Gilroy has fixed the 2nd day of December, 1968, at the hour of 8:00 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 said Zoning Ordinance should be amended in accordance with the report of the said Planning Commission, NOW THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: 836 -1- Section 1: The Zoning Ordinance of the City of Gilroy is hereby amended by removing from Rl District and placing in Cl District, as the same is described and defined in the Zoning Ordinance of the City of Gilroy the northerly 630 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'~J~ Section 2: The official map constituting a part of the Zoning Ordinance of the City of Gilroy shall be amended to reflect the foregoing change of classification of the said property. Section 3: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4: This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. -2- I.. day of December, 1968, by the PASSED AND ADOPTED this 16th following vote~ AYES: NOES: ABSENT: ATTEST: r' COUNCILMEMBERS: Allemand, Duffin, Kennedy, Quartiroli, Silva, Wentworth and Goodrich COUNCILMEMBERS: COUNCILMEMBERS: None None APPROVED: )~ ..~ ,- '/ /7~'<-~-'1l... d)/ /t~-<_~ /t Mayor . 0Ju~~9 . City Clerk -3- " . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 838 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th 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 Gi lroy, this 19th day of December , 19 68 . _.( //6Jl,(att~ t /c1~ ity Clerk of the City of Gilroy