NVF:JVP:JMD File No. PDC20-021
8/17/2022
1 T-51001/1944352
Council Agenda: 08-30-2022
Item No.: 10.3(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 10.0
GROSS ACRES SITUATED ON THE SOUTHEAST
CORNER OF STEVENS CREEK BOULEVARD AND
LOPINA WAY (4300-4360 STEVENS CREEK BOULEVARD)
(APN: 296-40-009, 296-38-013 & 296-38-014) FROM THE
CP(PD) PLANNED DEVELOPMENT ZONING DISTRICT TO
THE CP(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, an Addendum to the Final Environmental Impact Report prepared for the 4300 Stevens Creek Boulevard Mixed Use Project (PDC16-036 and PD17-014) adopted by City Council Resolution No. 78994 on February 26, 2019, all in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, was prepared and approved by the Director of Planning, Building and Code Enforcement for the subject rezoning; and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the CP(PD) Planned Development Zoning District; and
WHEREAS, this Council of the City of San José has considered and approves the application and use of said Addendum and its related Mitigation Monitoring and Reporting Program as the appropriate environmental clearance for the proposed project prior to taking any approval actions on the project; and
NVF:JVP:JMD File No. PDC20-021
8/17/2022
2 T-51001/1944352
Council Agenda: 08-30-2022
Item No.: 10.3(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 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 Zoning of the subject property shall be that development plan for the subject property entitled, “Planned Development Zoning PDC20- 021 Stevens Creek Promenade” last revised March 7, 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. PDC20- 021 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. PDC20-021
8/17/2022
3 T-51001/1944352
Council Agenda: 08-30-2022
Item No.: 10.3(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
PRELIMINARY REPORT Commonwealth Land Title Company.
Your Reference: Order No.: 982-30043019 -D-JE1JM
CLTA Preliminary Report Form – Modified (11/17/06) Page 3
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JOSE IN THE COUNTY OF SANTA CLARA , STATE OF CALIFORNIA , AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
PARCEL A AS SHOWN ON THE PARCEL MAP OF A PORTION OF THAT CERTAIN 51.058 ACRE PARCEL OF LAND AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, REC ORDED APRIL 29, 1969 IN BOOK 252, PAGE 38, SANTA CLARA COUNTY RECORDS, SAID PARCEL MAP BEI NG FILED DECEMBER 29, 2003 IN BOOK 767 OF MAPS, PAGES 10-12.
APN: 296-38-013
PARCEL TWO:
PARCEL B AS SHOWN ON THE PARCEL MAP OF A PORTION OF THAT CERTAIN 51.058 ACRE PARCEL OF LAND AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, REC ORDED APRIL 29, 1969 IN BOOK 252, PAGE 38, SANTA CLARA COUNTY RECORDS, SAID PARCEL MAP BEI NG FILED DECEMBER 29, 2003 IN BOOK 767 OF MAPS, PAGES 10-12.
APN: 296-38-014
PARCEL THREE:
BEGINNING AT A NORTHEASTERLY CORNER OF THAT CERTAIN 51.058 ACRE PARCEL OF LAND AS SHOWN ON THAT CERTAIN RECORD OF SURVEY, RECORDED IN BOOK 252, PAGE 38, SANTA CLARA COUNTY RECORDS, SAID CORNER BEING IN THE SOUTHERLY LINE OF STEVENS CREEK BOULEVARD; THENCE ALONG THE NORTHERLY LINE OF SAID 51.058 ACRE PARCEL , SAID LINE BEING ALSO THE SOUTHERLY LINE OF SAID STEVENS CREEK BOULEVARD, NORTH 89° 26' 25" WEST 260.09 FEET TO A POINT OF CUSP, AS DESCRIBED IN THAT CERTAIN DEED OF RIGHT-OF-WAY RECO RDED IN BOOK 8821, PAGE 278, SANTA CLARA COUNTY RECORDS; THENCE LEAVING SAID NORTHERLY LINE IN A SOUTHWESTERLY DIRECTION ALONG A CURVE, HAVING A RADIUS OF 30.00 FEET, CONCA VE SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 89° 53' 44", AN ARC LENGTH OF 47.07 FEET; THENCE SOUTH 00° 39' 51" WEST 40.00 FEET; THENCE ON A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 236.00 FEET; THROUGH A CENTRAL ANGLE OF 7° 37' 41", AN ARC LENGTH OF 31.42 FEET TO A POI NT OF REVERSE CURVATURE; THENCE ON A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 216.00 FEET THROUGH A CENTRAL ANGLE OF 7° 37' 41" AN ARC LENGTH OF 28.76 FEET; THENCE SOUTH 00° 3 9' 41" WEST 386.30 FEET; THENCE ON A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, T HROUGH A CENTRAL ANGLE OF 90° 06' 25" AN ARC LENGTH OF 31.45 FEET; THENCE SOUTH 89° 26' 34" EAST 31.84 FEET; THENCE ON A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET THROUGH A CENTRAL ANGLE OF 40° 03' 15" AN ARC LENGTH OF 230.70 FEET TO A POINT OF REVERSE CURVATU RE; THENCE ON A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 270.00 FEET THROUGH A CENTR AL ANGLE OF 7° 52' 26" AN ARC LENGTH OF
37.11 FEET TO A POINT ON AN EASTERLY LINE OF SAID 5 1.058 ACRE PARCEL; THENCE ALONG SAID EASTERLY LINE NORTH 00° 38' 10" EAST 635.53 FEET TO THE POINT OF BEGINNING.
APN: 296-40-009