NVF:VMT:JMD File No. C21-029
1/26/2022
1 T-51000/1880913
Council Agenda: 2/8/2022
Item No.: 10.2(b)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOSE REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 1.09-
GROSS ACRES, LOCATED AT THE SOUTHWEST CORNER
OF SENTER ROAD AND LEWIS ROAD (2905 AND 2911
SENTER ROAD) (ASSESSOR PARCEL NUMBERS: 497-
22-110, 497- 27-111) FROM THE CN COMMERCIAL
NEIGHBORHOOD and CP COMMERCIAL PEDESTRIAN
ZONING DISTRICT TO THE MUC MIXED USE
COMMERCIAL ZONING DISTRICT
WHEREAS, all rezoning proceedings required under the provisions of Chapter 20.120 of Title 20 of the San José Municipal Code have been duly had and taken with respect to the real property hereinafter described; and
WHEREAS, an Initial Study/Negative Declaration was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, for the subject rezoning to the MUC Mixed Use Commercial Zoning District under File Numbers GP21-007 and C21-029 (the "IS/ND"); and
WHEREAS, the City Council of the City of San José is the decision- making body for the proposed subject rezoning to the MUC Mixed Use Commercial Zoning District; and
WHEREAS, this Council of the City of San José has considered and approves the IS/ND as the appropriate environmental clearance for the proposed project prior to acting upon or approving the subject rezoning; and
WHEREAS, the proposed rezoning is consistent with the designation of the site in the applicable General Plan; and
NVF:VMT:JMD File No. C21-029
1/26/2022
2 T-51000/1880913
Council Agenda: 2/8/2022
Item No.: 10.2(b)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, Senate Bill 330 (2019) requires that rezoning actions by local agencies result in no net loss of residential capacity, which residential capacity can be pooled and accumulated by the City of San José in accordance with Senate Bill 940 (2020), so even though the proposed rezoning (File No. C21-029) reduces the intensity of residential uses and residential capacity by 66 residential units, the City approximately has 15,008 residential units that were previously rezoned to increase residential capacity (File Nos.
PDC19-039, C20-002, C20-014, C21-003, C21-013, C21-015, C21-016, and C21-021) so there is no net loss of residential capacity in San José resulting from the present rezoning action. Therefore, there remains a surplus of residential units available satisfying the no net loss of residential capacity requirements of Senate Bill 330 and Senate Bill 940.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. All that real property hereinafter described in this section, hereinafter referred to as "subject property ," is hereby rezoned to the to the MUC Mixed Use Commercial Zoning District.
The subject property referred to in this section is all that real property situated in the County of Santa Clara, State of California, depicted in Exhibit “A” attached hereto and incorporated herein by this reference.
SECTION 3. The district map of the City is hereby amended accordingly.
SECTION 4. Any land development approval that is the subject of City File No. C21-029 is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San José Municipal Code. The issuance of a building permit to implement such land development approval may be suspended, conditioned or denied where the City Manager has determined that NVF:VMT:JMD File No. C21-029
1/26/2022
3 T-51000/1880913
Council Agenda: 2/8/2022
Item No.: 10.2(b)(3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed by the California Regional Water Quality Control Board for the San Francisco Bay Region.
PASSED FOR PUBLICATION of title this ___ day of ______, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT A
Legal D
escription
of Property Planned for Rezoning
Bein
g all of New Parcel “A”, as described and delineated in that certain Grant Deed filed for record on December 31, 2019, as Document Number 24370493, and all of New Parcel “B”, as described and delineated in that certain Grant Deed filed for record on December 31, 2019, as Document Number 24370494, Santa Clara County records and being more particularly described as follows:
Bei
ng a Portion of Lot 1, as shown on that certain map entitled, "Map of Ivywild Tract”, filed for record on May 14, 1907, in Volume "L” of Maps, at page 82, Santa Clara County Records, State of California, and being more particularly described as follows:
COM
MENCING at a Brass Pin in a concrete post, said point being at the intersection of the centerlines of Hunken Drive and Lewis Road, as shown on that certain map entitled, "Tract No. 2760", filed for record in Book 134 of Maps, at page 24, Santa Clara County Records;
Thence al
ong said centerline of Lewis Road, also being the northwesterly line of said Lot 1 of the “Map of lvywild Tract", North 48° 53' 30" East, 220.04 feet; Thence
South 39° 55' 26” East, 25.01 feet to the POINT OF BEGINNING; Thence S
outh 39° 55' 26" East, 195.06 feet to the most northwesterly line of Lot 36 of said “Tract No. 2760";
Thence al
ong last said line, North 48° 53' 43" East, 20.00 feet to the northerly corner of said Lot 36;
Thence al
ong the northeasterly line of said Lot 36, South 39° 55' 26” East, 54.98 feet to the westerly line of Parcel 2, as said parcel is shown on the Parcel Map filed for record on October 4, 1973, in Book 330 of Maps at Page 53, Santa Clara County Records;
Thence
along the northwesterly line of said Parcel 2, North 48" 53' 47" East 175.05 feet to the southwesterly line of Senter Road;
Thence al
ong said southwesterly line of Senter Road, North 39° 55' 41" West, 229.64 feet to the beginning of a tangent curve, concave southerly; Thence w
esterly and southwesterly along said curve having a radius of 20.00 feet, through a central angle of 91° 10' 49", an arc length of 31.83 feet to the southeasterly line of Lewis Road;
EXHIBIT "A" (File Nos. GP21-007; C21-029)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Thence along said southeasterly line of Lewis Road, South 48° 53' 30" West, 174.62 to the POINT OF BEGINNING.
Cont
aining 47,569 square feet/1.092 acres, more or less.
_________
_____________
Curtis C. Chappell, PLS 7992
EXHIBIT "A" (File Nos. GP21-007; C21-029)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos. GP21-007; C21-029)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos. GP21-007; C21-029)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 | Page of 1
147 1 st Avenue , Oakdale, CA 95361
O: 209 - 845 - 9694 email: admin @ csi - oakdale .com CHAPPELL SURVEYING, INC.
La nd Surveying • Subdivision Mapping
Topographic Mapping • ALTA Mapping
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July 12
, 2021
Cl
osure Calculations - Rezoning Plat Exhibit “B” (APN 497-27-110 and 497-27-111) Boundary of Area to be Rezoned
Nor
th: 4964.5002' East: 4936.8833'
Segm
ent #1 : Line
Course: S39° 55' 26"E Length: 195.06'
North: 4814.9092' East: 5062.0668'
Segm
ent #2 : Line
Course: N48° 53' 43"E Length: 20.00'
North: 4828.0579' East: 5077.1370'
Segment
#3 : Line
Course: S39° 55' 26"E Length: 54.98'
North: 4785.8939' East: 5112.4215'
Segm
ent #4 : Line
Course: N48° 53' 47"E Length: 175.05'
North: 4900.9892' East: 5244.3138'
Segm
ent #5 : Line
Course: N39° 55' 41"W Length: 229.64'
North: 5077.0811' East: 5096.9315'
Segm
ent #6 : Curve
Length: 31.83' Radius: 20.00'
Delta: 91°10'49" Tangent: 20.42'
Chord: 28.57' Course: N85° 31' 06"W
Course In: S50° 04' 19"W Course Out: N41° 06' 30"W
RP North: 5064.2446' East: 5081.5944'
End North: 5079.3136' East: 5068.4488'
Segm
ent #7 : Line
Course: S48° 53' 30"W Length: 174.62'
North: 4964.5036' East: 4936.8783'
Per
imeter: 881.16' Area: 47569 Sq. Ft.
Error Closure: 0.0060 Course: N55° 50' 30"W
Error North: 0.00339 East: -0.00499
Precision 1: 146318.33
EXHIBIT "B" (File Nos. GP21-007; C21-029)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.