NVF:JVP:JMD File No. PDC21-011
8/18/2022
1 T-51001/1936182
Council Agenda: 08-30-2022
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 2.85
GROSS ACRES SITUATED ON THE NORTH SIDE OF
CAMBRIANNA DRIVE, APPROXIMATELY 150 FEET
WESTERLY OF TAPER AVENUE (1975 CAMBRIANNA
DRIVE) (APN: 984-45-006) FROM THE R-1-8 SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-1-
8(PD) PLANNED DEVELOPMENT 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 Mitigated Negative Declaration was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, for the subject rezoning to the R-1-8(PD) Planned Development Zoning District under File No. PDC21-011 (the “MND”); and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the R-1-8(PD) Planned Development Zoning District; and
WHEREAS, this Council of the City of San José has considered, approved, and adopted said MND and related Mitigation Monitoring and Reporting Program under separate Council resolution 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:
NVF:JVP:JMD File No. PDC21-011
8/18/2022
2 T-51001/1936182
Council Agenda: 08-30-2022
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SECTION 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 R-1-8(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the R-1-8 Single-Family Residential Zoning District. The Planned Development rezoning of the subject property shall be that rezoning plan set for the subject property entitled, “Planned Development Zoning Cambrianna Drive,” dated April 19, 2022 (“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. PDC21- 011 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.
NVF:JVP:JMD File No. PDC21-011
8/18/2022
3 T-51001/1936182
Council Agenda: 08-30-2022
Item No.: 10.2(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
1 OF 2
MARCH 11, 2021 JOB NO. 20-139
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 1 - RESIDENTIAL PARCEL
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 57 AS SHOWN ON THAT CERTAIN MAP ENTITLED “MAP OF THE SUBDIVISION OF THE WARE TRACT” FILED FOR RECORD FEBRUARY 10, 1888 IN BOOK C OF MAPS, PAGE 45 OF SAID SANTA CLARA COUNTY. HEREIN COLLECTIVELY REFERRED TO AS THE “PARCEL 1 - RESIDENTIAL PARCEL” AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID LOT 57 AND
ALSO BEING A POINT ON THE CENTERLINE OF UNION AVENUE (PUBLIC STREET) SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED “TRACT 1394 – CAMBRIAN PARK ESTATES UNIT NO. 3” FILED FOR RECORD MAY 17, 1955 IN BOOK 57 OF MAPS, PAGES 26-27;
THENCE DEPARTING FROM SAID NORTHWESTERLY CORNER AND HEADING EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 57, SOUTH 89° 56’ 47” EAST, A DISTANCE OF 627.52 FEET TO THETRUE POINT OF BEGINNING;
THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY BOUNDARY, SOUTH 89° 56’ 47” EAST, A DISTANCE OF 256.26 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 57;
THENCE HEADING SOUTHERLY FROM SAID NORTHEASTERLY CORNER ALONG THE EASTERLY BOUNDARY OF SAID LOT 57, SOUTH 00° 24’ 30” EAST, A DISTANCE OF 493.17 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 57 AND BEING A POINT ON THE NORTHERLY BOUNDARY OF
CAMBRIANNA DRIVE (PUBLIC STREET). SAID PUBLIC STREET ALSO BEING SHOWN ON SAID SUBDIVISION MAP;
THENCE HEADING WESTERLY ALONG SAID NORTHERLY BOUNDARY,
NORTH 89° 57’ 03” WEST, A DISTANCE OF 255.33 FEET;
THENCE, DEPARTING FROM SAID NORTHERLY BOUNDARY, NORTH 00° 24’ 30” WEST, A DISTANCE OF 171.13 FEET;
EXHIBIT "A" (File Nos. PDC21-011; PD21-012; PT21-034)
2 OF 2
THENCE, NORTH 89° 35’ 30” EAST, A DISTANCE OF 12.74 FEET; THENCE, NORTH 00° 24’ 30” WEST, A DISTANCE OF 166.00 FEET; THENCE, SOUTH 89° 35’ 30” WEST, A DISTANCE OF 13.67 FEET; THENCE, NORTH 00° 24’ 30” WEST, A DISTANCE OF 156.07 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 123,950 SQUARE FEET (2.846 ACRES) OF LAND, MORE
OR LESS
BASIS OF BEARINGS: THE BEARING NORTH 00°25'00" WEST ON THE
CENTERLINE OF UNION AVENUE BETWEEN TWO FOUND MONUMENTS, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN BOOK 554 OF MAPS AT PAGES 12-13 AND THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD IN BOOK 761 OF MAPS AT PAGE 55, SANTA CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS SHOWN.
A PLAT ENTITLED “EXHIBIT B” IS ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION AND THE ACCOMPANYING PLAT WERE PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
___________________________ ________________
ANDREW TURNER DATE
P.L.S. 9104
CIVIL ENGINEERING ASSOCIATES, INC.
03/11/2021
EXHIBIT "A" (File Nos. PDC21-011; PD21-012; PT21-034)
DETAIL A
EXHIBIT "B" PARCEL 1 - RESIDENTIAL PARCEL
PLAT TO ACCOMPANY LEGAL DESCRIPTION
BASIS OF BEARINGS
LEGEND REFERENCES SURVEYOR'S STATEMENT
Civil
Engineering
Associates
• •
03/11/2021
EXHIBIT "B" (File Nos. PDC21-011; PD21-012; PT21-034)
EXHIBIT "B" PARCEL 1 - RESIDENTIAL PARCEL
PLAT TO ACCOMPANY LEGAL DESCRIPTION
Civil
Engineering
Associates
• •
LEGEND
EXHIBIT "B" (File Nos. PDC21-011; PD21-012; PT21-034)