NVF:VMT:JMD
1/26/2022
1 Winter 2022 General Plan Amendment (Cycle 1)
File No. GP21-007
T-1201.071/1892060
Council Agenda: 2-8-2022
Item No.: 10.2(a)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE DENYING THE APPLICATION TO AMEND THE
ENVISION SAN JOSE 2040 GENERAL PLAN LAND USE/
TRANSPORTATION DIAGRAM LAND USE DESIGNATION
FROM NCC NEIGHBORHOOD COMMUNITY/
COMMERCIAL TO MUN MIXED USE NEIGHBORHOOD
AND THE APPLICATION FOR A CONFORMING
REZONING FROM THE CN COMMERCIAL
NEIGHBORHOOD AND CP COMMERCIAL PEDESTRIAN
ZONING DISTRICT S TO THE MU N MIXED USE
NEIGHBORHOOD ZONING DISTRICT ON AN
APPROXIMATELY 1.09 GROSS ACRE SITE LOCATED AT
2905 AND 2911 SENTER ROAD (ASSESSOR PARCEL
NUMBERS: 497-27-110, 497-27-111)
2022 General Plan Amendment Cycle 1 (Winter)
FILE NOS. GP21-007 AND C21-029
WHEREAS, the City Council is authorized by Title 18 of the San José Municipal Code and state law to adopt and, from time to time, amend the General Plan governing the physical development of the City of San José; and
WHEREAS, on November 1, 2011, the City Counci l adopted the General Plan entitled, "Envision San José 2040 General Plan, San José, California” by Resolution No. 76042, which General Plan has been amended from time to time (hereinafter the "General Plan"); and
WHEREAS, in accordance with San José City Charter section 1000 and Titles 18 and 20 of the San José Municipal Code, all general and specific plan amendment proposals and rezoning are referred to the Planning Commission of the City of San José for review and recommendation prior to City Council consideration of the amendments; and
NVF:VMT:JMD
1/26/2022
2 Winter 2022 General Plan Amendment (Cycle 1)
File No. GP21-007
T-1201.071/1892060
Council Agenda: 2-8-2022
Item No.: 10.2(a)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, on January 12, 2022, the Planning Commission held a virtual public hearing to consider the proposed amendment to the General Plan (File No. GP21-007) (“General Plan Amendment”) and rezoning (C21- 009) (“Rezoning”) at which hearing interested persons were given the opportunity to appear virtually and present their views with respect to said proposed amendments; and
WHEREAS, at the conclusion of the virt ual public hearing, the Planning Commission transmitted its recommendations to the City Council on the proposed General Plan Amendment and Rezoning; and
WHEREAS, on February 8, 2022, the Council held a duly noticed public hearing; and
WHEREAS, a copy of the proposed General Plan Amendment and Rezoning is on file with the office of the Director of Planning, Building and Code Enforcement of the City, and available electronically on the Department of Planning, Building and Code Enforcement webpage, with copies submitted to the City Council for its consideration; and
WHEREAS, pursuant to Titles 18 and 20 of the San José Municipal Code, public notice was given that on February 8, 2022 at 6:00 p.m. the Council would hold a public hearing where interested persons could appear, be heard, and present their views with respect to the proposed General Plan Amendment and Rezoning; and
WHEREAS, prior to making its determination on the General Plan Amendment and Rezoning, the Council reviewed and adopted the Initial Study/Negative Declaration for 2905 and 2911 Senter Road General Plan Amendment for File No. GP21-007 (Resolution No. _____) in accordance with the California Environmental Quality Act; and
NVF:VMT:JMD
1/26/2022
3 Winter 2022 General Plan Amendment (Cycle 1)
File No. GP21-007
T-1201.071/1892060
Council Agenda: 2-8-2022
Item No.: 10.2(a)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the Council of the City of San José is the decision- making body for the proposed General Plan Amendments; and
WHEREAS, absent approval of the General Plan Amendment, the Rezoning cannot be approved because it would be inconsistent with the General Plan in violation of state law; and
WHEREAS, the proposed General Plan Amendment and rezoning are inconsistent with the following General Plan Policies that encourage the retention of employment lands and residential growth in designated Growth Areas:
• Major Strategy #3;
• Growth Areas Policy LU-2.3;
• Commercial Policy LU-4.1;
• Efficient Use of Residential and Mixed Use Lands Policy LU-10.3; • Housing – Environmental Sustainability Policy H-4.2; and • Air Pollutant and Emissions Policy MS-10.6
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS:
SECTION 1. The Council hereby denies the application for amendment of the General Plan File No. GP21 -007 and the application for Rezoning File No. C21 -029 for the reasons specified above.
SECTION 2. This resolution shall take effect immediately upon adoption. //
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NVF:VMT:JMD
1/26/2022
4 Winter 2022 General Plan Amendment (Cycle 1)
File No. GP21-007
T-1201.071/1892060
Council Agenda: 2-8-2022
Item No.: 10.2(a)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of _____________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk