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Ordinance 1981-07ORDINANCE NO. 81-7 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING ON APPEAL THE PARCEL AT 7744 EIGLEBERRY STREET FROM C1 (NEIGHBOR- HOOD COMMERCIAL) DISTRICT TO C2 (GENERAL COMMERCIAL) DISTRICT. WHEREAS, application Z 80-22 had heretofore been made by JACK KAZANJIAN, Trustee, to the Planning Commission of the City of Gilroy for the rezoning of the premises hereinafter described from C1 to C2 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, has approved a Negative Declaration under the California Environmental Quality Act, has determined that the re- zoning will not have a significant adverse effect on the environ- ment, and passed its Resolution #81-4 denying change of zone from C1 (Neighborhood Commercial) District to C2 (General Commercial) District; and WHEREAS, the Council of the City of Gilroy has fixed the 17th day of February, 1981, at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall at 7351 Rosanna Street, Gilroy, California, as the time and place for hearing the appeal from the decision of the Planning Commission, and notice of said hearing has been given in accordance with the Zoning Ordinance, and a public hearing has now been held upon the appeal at the time and place fixed in the said notice, and the Council having duly considered the said application and the evidence presented, has approved the Negative Declaration under the California Environ- mental Quality Act, has disapproved of the findings of the Planning ORDINANCE NO. 81-7 -1- Commission, has found that the request is consistent with the use of the property for many years and with other uses on the same street, and has determined that the said Zoning Ordinance should be amended in accordance with the request of the applicant as to his property only. NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: The Zoning Ordinance of the City of Gilroy is hereby amended by removing from C1 District and placing in C2 District, as the same are described and defined in the Zoning Ordinance of the City of Gilroy, the following described premises: Ail that certain real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: That certain parcel at 7744 Eigleberry Street and identified as Santa Clara County Assessor's Parcel No. 799-03-60. Section 2: The official map constituting a part of the Zoning Ordinance of the City of Gilroy shall be amended to reflect the foregoing changes of classification of the said property. Section 3: Ail ordinances and parts of ordinances in con- flict 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. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRIGH COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ED: ORDINA~NCE NO. 81-7 -2- I, SUSANNE E, STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 81-7. is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of March , 19_8! , 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 18th, day of March ?/f~ C[er[ of the City _, 19 _81.. (Sea I )