NVF:VMT:JMD
2/28/2022
1 2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
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 AMENDING THE ENVISION SAN JOSE 2040
GENERAL PLAN PURSUANT TO TITLE 18 OF THE
SAN JOSE MUNICIPAL CODE TO MODIFY THE LAND
USE DESIGNATIONS IN THE LAND USE/
TRANSPORTATION DIAGRAM FOR PROPERTIES
ADJACENT TO THE NORTH 1ST STREET LOCAL
TRANSIT VILLAGE
2023 General Plan Amendment Cycle (Cycle 1)
FILE NO. GP21-017
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 Council 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, the boundary of the North 1st Street Urban Village in Chapter 5 of the General Plan is proposed to be altered by removing specified properties from the Village (file no. GP21-016), and amending the General Plan land use designations for those properties; and
WHEREAS, in accordance with Title 18 of the San José Municipal Code, all general and specific plan amendment proposals are referred to the Planning Commission of the City NVF:VMT:JMD
2/28/2022
2 2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
of San José for review and recommendation prior to City Council consideration of the amendments; and
WHEREAS, on February 9, 2022, the Planning Commission held a public hearing to consider the proposed amendment to the General Plan, File No. GP21-017 specified in Exhibit “A” (“General Plan Amendment”) and Exhibit “B” (hereto, at which hearing interested persons were given the opportunity to appear and present their views with respect to said proposed amendments; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission transmitted its recommendations to the City Council on the proposed General Plan Amendment; and
WHEREAS, on March 15, 2022, the Council held a duly noticed public hearing; and
WHEREAS, a copy of the proposed General Plan Amendment 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 Title 18 of the San José Municipal Code, public notice was given that on March 15, 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 (Exhibit “A”); and
WHEREAS, prior to making its determination on the General Plan Amendments, the Council reviewed and considered the Determination of Consistency with the Envision San José 2040 General Plan Environmental Impact Report (certified by Resolution No. 76041) NVF:VMT:JMD
2/28/2022
3 2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
and the Supplemental Environmental Impact Report to the Envision San José 2040 General Plan EIR (certified by Resolution No. 77617), and Addenda thereto; and
WHEREAS, the General Plan Amendment will not result in inconsistent zoning because the existing zoning district is consistent with the General Plan land use and development on-site or the property will be rezoned to be consistent with the General Plan land use and development on-site; and
WHEREAS, pursuant to the provisions of Section 21676 of the California Public Utilities Code (“Section 21676”), the City made a referral of the General Plan Amendments (File Nos. GP21-016 and GP21-017), Rezonings (File Nos. C21-041 and C21-042), and an Ordinance Amendment (File No. PP21-014) to the Airport Land Use Commission of Santa Clara County (“ALUC”) for a determination of consistency with the ALUC’s plans to the extent that the area covered by the subject General Plan Amendments, Rezonings, and Ordinance Amendment associated with the North 1st Street Local Transit Village plan falls within the ALUC’s Airport Influence Area surrounding Mineta San José International Airport (“SJC”); and
WHEREAS, on February 23, 2022, the ALUC, acting pursuant to its authority under Section 21676, determined that the project was consistent with ALUC policies as defined in the “Comprehensive Land Use Plan for San José International Airport” (“CLUP”), as the language regulating height in the San José Municipal Code Amendment (File No. PP21- 014) requires conformance to the CLUP’s Part 77 Surfaces (a requirement governed by the Federal Aviation Administration (FAA)) and a “no hazard determination” will be required of development projects to meet this FAA requirement; and
WHEREAS, pursuant to California Senate Bill (SB) 330, a city is prohibited from enacting a development policy, standard, or condition, as defined, that would have the effect of NVF:VMT:JMD
2/28/2022
4 2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
changing the land use designation or zoning of a parcel or parcels of property to a less intensive residential use or reducing the residential intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018; and
WHEREAS, California Government Code Section 66300(b)(1) allows a city to change a land use designation or zoning ordinance to a less intensive residential use if the city concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity; and
WHEREAS, the City is amending the General Plan land use designation of the properties located adjacent to the North 1st Street Local Transit Village boundary, in which the proposed project provides 5,972 housing units and therefore, there is no net loss in residential capacity with the change in land use designation set forth herein; and
WHEREAS, the Council is the decision-making body for the proposed General Plan Amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS:
SECTION 1. The Council’s determination regarding General Plan Amendment File No.
GP20-002 is hereby specified and set forth in Exhibit “A,” and Exhibit “B,” attached hereto and incorporated herein by reference.
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2/28/2022
5 2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SECTION 2. This Resolution shall take effect thirty (30) days following the adoption of this Resolution.
ADOPTED this _____ day of _____________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
NVF:VMT:JMD
2/28/2022
6 2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
I hereby certify that the amendments to the San José General Plan specified in the attached Exhibit A were adopted by the City Council of the City of San José on _______________, as stated in its Resolution No. ________.
Dated: ________________ ___________________________ TONI J. TABER, CMC
City Clerk
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2/28/2022
A-1
2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
EXHIBIT “A”
LAND USE/TRANSPORTATION DIAGRAM LAND USE DESIGNATION CHANGES File No. GP21-017. The Envision San José General Plan is hereby amended to change the Land Use / Transportation Diagram land use designation on certain properties located adjacent to the North 1st Street Local Transit Village Plan area as shown on the table, as follows:
APN
Current
General
Plan
Designation
Proposed
General
Plan
Designation
25906067 NCC No change
23508071 NCC RN
23507036 NCC RN
23507037 NCC No change
23507038 NCC RN
23507039 NCC RN
23507041 NCC RN
23508002 NCC RN
23508003 NCC RN
23508004 NCC RN
23507042 NCC RN
23507046 NCC RN
23507048 NCC RN
23507049 NCC RN
23507050 NCC RN
23507051 NCC RN
23507052 NCC RN
23507053 NCC RN
23508063 NCC RN
23508066 NCC RN
23508070 NCC RN
NVF:VMT:JMD
2/28/2022
A-2
2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
23506030 NCC RN
23506031 NCC RN
23506033 NCC RN
23506034 NCC RN
23506035 NCC RN
23506036 NCC RN
24901066 NCC No change
24942068 NCC No change
24942069 NCC No change
24942065 NCC No change
24942057 NCC No change
25904019 NCC No change
25919061 NCC RN
24944067 NCC RN
24944068 NCC No change
24944068 NCC No change
24944095 NCC UR
24973C02 NCC No change
24944088 NCC TR
24944059 NCC UR
24944060 NCC UR
25918058 NCC RN
24943045 NCC No change
24943083 NCC No change
24943047 NCC RN
24943048 NCC UR
24943049 NCC UR
24943055 RN UR
24943056 RN UR
24943057 RN UR
24943064 NCC UR
24943087 NCC No change
NVF:VMT:JMD
2/28/2022
A-3
2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
24943088 NCC No change
25920013 NCC No change
25920014 TR TR
25920015 TR TR
25920043 NCC UR
25920056 NCC No change
25920016 TR No change
25920017 TR No change
24944023 NCC UR
24944086 NCC No change
24944029 NCC No change
24944030 NCC No change
24944031 NCC No change
24980C01 NCC No change
25918020 NCC RN
25918001 NCC RN
25918016 NCC RN
25918017 NCC RN
24902023 NCC RN
24902024 NCC RN
24902026 NCC RN
24902027 NCC RN
25906006 NCC No change
25906011 NCC No change
25906018 NCC No change
25918018 NCC RN
25918019 NCC RN
25918002 NCC RN
25918003 NCC RN
25918004 NCC RN
25918052 NCC No change
25918053 NCC No change
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2/28/2022
A-4
2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
24901016 NCC No change
24901018 NCC No change
24901024 NCC No change
25918054 NCC No change
25918055 NCC No change
25918057 NCC No change
25919086 NCC No change
25919087 NCC No change
25919062 NCC UR
25919104 NCC No change
25919027 NCC No change
25919098 NCC No change
25951003 TR No change
25906052 NCC No change
25906055 NCC No change
25906054 NCC No change
24944096 NCC UR
24944044 NCC UR
24944045 NCC RN
25906068 NCC No change
25906056 NCC No change
25906057 NCC No change
25906063 NCC No change
Council District: 3.
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2/28/2022
B-1
2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
EXHIBIT “B”
LAND USE/TRANSPORTATION DIAGRAM LAND USE DESIGNATION CHANGES
File No. GP21-017. The Envision San José General Plan is hereby amended to change the Land Use / Transportation Diagram land use designation on certain properties located adjacent to the North 1st Street Local Transit Village Plan area as shown on the map, as follows:
Existing North 1st Street Transit Village General Plan Designations
Note: The current
boundary is being
amended
concurrently to the
proposed boundary
by separate
resolution and is
being shown on
those maps for
informational
purposes only.
NVF:VMT:JMD
2/28/2022
B-2
2022 General Plan Amendment (Cycle 1)
GP21-017
T-1201.072 / 1899460
Council Agenda: 03-15-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Figure 1: Proposed North 1st Street Transit Village General Plan Designations
Council District: 3.
Note: The current
boundary is being
amended
concurrently to the
proposed boundary
by separate
resolution and is
being shown on
those maps for
informational
purposes only.