NVF:MJV:JMD File No. PDC19-049
6/9/2022
1 T-51001/1929399
Council Agenda: 06-21-2022
Item No.: 10.2(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 10.76
GROSS ACRES SITUATED EAST OF THE INTERSECTION
OF SARATOGA AVENUE AND QUITO ROAD (1312 El
PASEO DE SARATOGA) (APN: 403-33-014) AND NORTH
OF THE INTERSECTION OF SARATOGA AVENUE AND
LAWRENCE EXPRESSWAY (1777 SARATOGA AVENUE)
(APN: 386-10-033, -036, -044, -045 & -046) FROM THE CG
COMMERCIAL GENERAL AND CP COMMERCIAL
PEDESTRIAN ZONING DISTRICTS TO CG(PD) PLANNED
DEVELOPMENT ZONING DISTRICT
FILE NO. PDC19-049
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, the approximately 10.76-gross acre site encompassed by the proposed rezoning was the subject of that certain Final Environmental Impact Report for the 1312 El Paseo and 1777 Saratoga Avenue Mixed-Use Village Project (File Nos. PDC19-049 & PD20-006) (“FEIR), prepared in conformance with the California Environmental Quality Act (CEQA), as amended, which evaluated the impact of the demolition of approximately 126,345 square feet of existing commercial buildings, the removal of 120 trees (20 ordinance-size, 100 non-ordinance-size) for the construction of four mixed use buildings consisting of 994 residential units and 165,949 square feet of commercial space, extended construction hours (15-hour concrete pours between 6:00 am to 9:00 pm daily over a 15-day period), and a Conditional Use Permit and Determination of Public Convenience or Necessity to allow off-sale alcohol (Type 21 ABC License) at a future grocery store in an approximately 56,603-square foot tenant space on an approximately
10.76-gross acre site located east of the intersection of Saratoga Avenue and Quito Road (1312 El Paseo de Saratoga) and north of the intersection of Saratoga Avenue and NVF:MJV:JMD File No. PDC19-049
6/9/2022
2 T-51001/1929399
Council Agenda: 06-21-2022
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Lawrence Expressway (1777 Saratoga Avenue), which FEIR was certified and for which findings were adopted by the City Council on _______, 2022; and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the CG(PD) Planned Development Zoning District; and
WHEREAS, this Council of the City of San José has considered, approved, and adopted said EIR and related Mitigation Monitoring and Reporting Program under separate Council Resolution No. _____ prior to taking any approval actions on this project; and
WHEREAS, the proposed rezoning is consistent with the designation of the site in the applicable General Plan.
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 CG(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the CG Commercial General Zoning District. The Planned Development rezoning of the subject property shall be that development plan for the subject property entitled, “El Paseo and 1777 Saratoga Avenue Mixed Use Village Planned Development Zoning Application PDC19-049”, dated November 30, 2021 (“General Development Plan”).
The subject property referred to in this section is all that real property situated in the County of Santa Clara, State of California, described in Exhibits “A-1” and “A-2” and depicted in Exhibits “B-1” and “B-2” attached hereto and incorporated herein by this reference.
NVF:MJV:JMD File No. PDC19-049
6/9/2022
3 T-51001/1929399
Council Agenda: 06-21-2022
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 PDC19-049 is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San José Municipal Code. The applicant for or recipient of such land use approval hereby acknowledges receipt of notice that 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 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-1"
(File Nos. PDC19-049; PD20-006)
EXHIBIT "A-1"
(File Nos. PDC19-049; PD20-006)
EXHIBIT "A-1"
(File Nos. PDC19-049; PD20-006)
EXHIBIT B-1
(File Nos. PDC19-049; PD20-006)
EXHIBIT B-1
(File Nos. PDC19-049; PD20-006)
EXHIBIT B-1
(File Nos. PDC19-049; PD20-006)
EXHIBIT A-2
(File Nos. PDC19-049; PD20-006)
EXHIBIT A-2
(File Nos. PDC19-049; PD20-006)
EXHIBIT B-2
(File Nos. PDC19-049; PD20-006)