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Ordinance 1991-08ORDINANCE NO. 91-8 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 3.5 ACRES FROM OS (OPEN SPACE), R2 (TWO FAMILY RESIDENTIAL) AND R3 (MEDIUM DENSITY RESIDENTIAL) DISTRICTS TO R3-PUD (MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) DISTRICT AND 6.5 ACRES FROM R3 (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO OS (OPEN SPACE) DISTRICT LOCATED NORTH OF THOMAS ROAD BRIDGE AND WEST OF SAN ANTONIO ~COURT. WHEREAS, application has heretofore been made by COAST RANGE DEVELOPMENT COMPANY and the CITY of GILROY for the rezoning of the premises hereinafter described from OS, R2 and R3 to R3-PUD on 3.5 acres and R3 to OS District on 6.5 acres; 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 rezoning will not have a significant adverse affect on the environment, and has made its report to the Council of the City of Gilroy, in which it recommends that 3. 5 acres of the hereinafter described premises be rezoned from OS (Open Space), R2 (Two Family Residential) and R3 (Medium Density Residential) Districts to R3-PUD (Medium Density Residential-Planned Unit Development) District and 6.5 acres from R3 (Medium Density Residential) District to OS (Open Space) District; and WHEREAS, the Council of the City of Gilroy has fixed the 18th day of March 1991, at the hour of 7 p.m., in the Council Chambers in the City Hall at 7351 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, and the Council having duly considered the said application, and the evidence presented, has approved the Negative Declaration under the California Environmental Quality Act, 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: Section 1: The Zoning hereby amended by removing Ordinance of the City of Gilroy is from OS, R2 and R3 District, and placing in R3-PUD District, as the same are described and defined in the Zoning Ordinance of the City of Gilroy, the following described premises: That certain real property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: The 3. 5 acre parcel south of Royal Way identified as Santa Clara County Assessor's Parcels No. 799-44-93 to 98, 101, 102 and 105. Section 2 The Zoning Ordinance of the City of Gilroy is hereby amended by removing from R3 District and placing in OS District, as the same are described and defined in the Zoning Ordinance of the City of Gilroy, the following described premises: That certain property situated in the City of Gilroy, County of Santa Clara, State of California, described as follows: That 6.5 acre parcel north of Uvas Creek and south of the high school identified as Santa Clara County Assessor's Parcels No. 799-36-06 and 799-44-103 and 104. Section 3: 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 4: Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 5: This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: 1st day of April 1991 by the GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ORDINANCE NO. 91-8 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 91-8 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of April , 19 91 , 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 10th 19 91. of the City of Gilroy ~ (Seal) day of April