NVF:VMT:JMD File No. C21-008
1/26/2022
1 T-51000/1880914
Council Agenda: 2/8/2022
Item No.: 10.1(a)(b)
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 0.68
GROSS ACRE, LOCATED ON THE EAST SIDE OF
BERGER DRIVE, APPROXIMATELY 400 FEET NORTH OF
GISH ROAD, FROM THE HI HEAVY INDUSTRIAL ZONING
DISTRICT TO LI LIGHT INDUSTRIAL 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, a Statement of Exemption was prepared for a rezoning under File No. C21- 008, and said Statement of Exemption (CEQA Categorical Exemption Section 15301 for Existing Facilities involving no or negligible expansion of existing or former use) was adopted on December 12, 2021; and
WHEREAS, the City Council of the City of San José is the decision- making body for the proposed subject rezoning to the LI Light Industrial Zoning District; and
WHEREAS, this Council of the City of San José has considered and approves the Statement of Exemption 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;
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NVF:VMT:JMD File No. C21-008
1/26/2022
2 T-51000/1880914
Council Agenda: 2/8/2022
Item No.: 10.1(a)(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 LI Light Industrial 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. C21-008 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 determi ned that 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.
NVF:VMT:JMD File No. C21-008
1/26/2022
3 T-51000/1880914
Council Agenda: 2/8/2022
Item No.: 10.1(a)(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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"
(File Nos. GP21-009; C21-008)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.