NVF:JVP:JMD File No. PDC17-040
7/26/2022
1 T-51001\1940661_2
Council Agenda: 08-09-2022
Item No.: 10.4(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 PREZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 18.13-
GROSS ACRES, SITUATED ON THE SOUTHEAST
CORNER OF UNION AVENUE AND CAMDEN AVENUE
(APNS 419-08-012 AND 419-08-012) FROM
UNINCORPORATED TERRITORY WITHIN THE COUNTY
OF SANTA CLARA COUNTY TO THE CP(PD) PLANNED
DEVELOPMENT ZONING DISTRICT
WHEREAS, all pre-zoning proceedings required under the provisions of Parts 1 and 4 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 18.13-gross acre site encompassed by the proposed pre- zoning was the subject of that certain Final Environmental Impact Report for the Cambrian Park Mixed-Use Village Project (File Nos. PDC17-040, PD20-007, and ER20-189) (‘FEIR”), which evaluated the impact of the demolition of existing commercial structures and a surface parking lot, and the construction of a mixed-use project with up to 229 hotel rooms, 305 apartment units, 48 single-family dwellings, 25 townhomes, a 110-bed (125,740-square foot) assisted living facility, 50 senior independent living units, up to 55,600 square feet of ground floor commercial space including restaurant, retail and other commercial uses, and approximately 4.0 acres of privately-owned public open space, situated on the southeast corner of Union Avenue and Camden Avenue (APNs 419-08- 012 and 419-08-013), 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 pre-zoning to the CP(PD) Planned Development Zoning District; and
NVF:JVP:JMD File No. PDC17-040
7/26/2022
2 T-51001\1940661_2
Council Agenda: 08-09-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, this Council of the City of San José has considered, approved, and adopted said FEIR, Findings of Facts and Statement of Impacts, 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 pre-zoning 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 pre-zoned CP(PD) Planned Development Zoning District.
The base district zoning of the subject property shall be the CP Commercial Pedestrian Zoning District. The Planned Development rezoning of the subject property shall be that pre-zoning plan set for the subject property entitled, “Cambrian Park Mixed-Use Village Planned Development Zoning,” dated November 8, 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 Exhibit “A” and depicted in Exhibit “B” 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. PDC17- 040 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 NVF:JVP:JMD File No. PDC17-040
7/26/2022
3 T-51001\1940661_2
Council Agenda: 08-09-2022
Item No.: 10.4(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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"
(File No. PDC17-040)
EXHIBIT "A"
(File No. PDC17-040)
EXHIBIT "B"
(File No. PDC17-040)