NVF:MJV:JMD File No. C21-002
8/8/2022
1 T-51000/1946325
Council Agenda: 09-13-2022
Item No.: 10.1(a)
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 JOS E REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 1.03
GROSS ACRE S SITUATED ON THE SOUTH SIDE OF
SUNCREST AVENUE, APPROXIMATELY 520 FEET
SOUTHEASTERLY OF PERIE LANE (0 DOREL DRIVE)
(APN: 595-24-050) FROM THE A(PD) PLANNED
DEVELOPMENT ZONING DISTRICT TO THE R-1-2 SINGLE-
FAMILY RESIDENCE 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, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the proposed rezoning is pursuant to, in furtherance of and within the scope of the previously approved program evaluated in the Final Program Environmental Impact Report for the Envision San José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011, and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and Addend a thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; and
WHEREAS, the City Council of the City of San José is the decision- making body for the proposed subject rezoning to the R-1-2 Single-Family Residence Zoning District; and
WHEREAS, this Council of the City of San José has considered and approves the information contained in the FEIR and related City Council Resolution No. 76041 and the SEIR and related City Council Resolution No. 77617, and Addenda thereto, and the NVF:MJV:JMD File No. C21-002
8/8/2022
2 T-51000/1946325
Council Agenda: 09-13-2022
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
determination of consistency therewith prior to acting upon or approving the subject rezoning; and
WHEREAS, the proposed rezoning is consistent with the designation of the site in the applicable General Plan; and
WHEREAS, pursuant to Senate Bill 330, the proposed rezoning (File No. C21-002) does not reduce the intensity of residential uses because the proposed rezoning allows for greater residential density than the existing Zoning District of A(PD) Planned Development; the rezoning would increase the residential capacity by eight units.
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 R-1-2 Single-Family Residence Zoning District.
The subject property referred to in this section is the “proposed adjustment area” 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. C21-002 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 NVF:MJV:JMD File No. C21-002
8/8/2022
3 T-51000/1946325
Council Agenda: 09-13-2022
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 m eet 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
Description of Transfer Area
From Gil
lon , Vacant APN 595-27-050(+045)
To Mani 3860 Sun crest Ave. APN 595-27-03.
Between Parcel 1, as s hown on Parcel Map Book 574 of Maps,
536, Page 23, Santa Clara County Records
CITY OF SAN JOSE, CALIFORNIS DATE: 10-8-2017
TRANSFER AREA :
All that certain Real Property situated in the City of San Jose, County of Santa Clara, State of California, described as follows:
BEGINNING at the southwest corner of Lot 20, as shown Map of Tract No. 3279, San Jose Highlands, Unit No. 1, recorded July 26th, 1962, in Book 150 of Maps, Page 19, 20, and 21, Santa Clara County Records,
Then
ce, S 51° 05' 43" E, 312.86 feet;
Thence, N 37° 16' 36" E, 230.21 feet;
Thence N 43° 59' 50" W, 158.15 feet,
Thence S 69° 47 53" W, 290.94 feet to the POINT OF BEGINNING and described Transfer Area containing 1.310 acres and containing 57,049 Square Feet more or less, and being a portion of Parcel 1 as shown on that certain Parcel Map recorded June 17, 1987, in Book 574 of Maps, Pages 50, 51, and 52, Santa Clara County Records,
END OF DESCRIPTION
This
description was prepared by me or under my direction in accordance with the provisions of the California Professional Land Surveyors Act
Kenne
th M. Anderson, LS 7523
Professional Land Surveyor
EXHIBIT "A" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A"
LOT LINE ADJUSTMENT- LANDS OF GETREU
PAGE 1 0F 2 DATE 10-8-2017
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Beginning at the northeasterly corner of Lot 212 as said Lot is shown on Tract No. 3807, San Jose Highlands, filed in Book 186 of Maps at Pages 22 and 23, Santa Clara County Records; thence from said Point of Beginning along the northwesterly prolongation of the southwesterly line of Dorel Drive N. 24°48' 00"W, 7.50 ft., thence along a curve to the left having a radius of 20.00 ft., through a central angle of 33°33'26" for an arc distance of 11.71 ft. to a point of reverse Curvature; thence along a curve to the right, having a radius of 40.00 ft., through a central angle of 83°54'46" for an arc distance of 58.58 ft.; thence N 33°32'46"W, 340.39 ft. to the northwesterly line of that certain Parcel of land described in the Deed from Priscilla, Inc., a California Corporation, to San Jose Highlands Water Company, a California Corporation, Recorded February 17, 1964 in Book 6387 of Official Records, Page 566, Santa Clara County Records; thence along said line N. 70° 25' 16" E. 66.65 feet to the northeasterly corner thereof, said point being an angle point in the northeasterly line of that certain 25.093 acre parcel of land as shown on the Amended Record of Survey, filed in Book 206 of Maps at Page 20, Santa Clara County Records; thence along said northeasterly line N. 28°54'44" W 634.47 ft, to an angle point therein; thence along the southeasterly line thereof N. 45°39' 18" E 268,00 ft, to an angle point therein; thence N 44°20'42" W. 25.00 ft; thence leaving said line N 71°29'19" E 198.71 ft. to the s
outhwesterly prolongation of the northwesterly line of Lot 100 as said Lot is shown on Tract No. 3279, filed in Book 150 of Maps at Pages 19, 20 and 21, Santa Clara County Records; thence along said line N 48° 26' 31" E 231.50 ft. to the northwesterly corner of said Lot 100; thence along the Southwesterly line thereof S 43° 46' 24" E 172.03 ft. to the Northerly line of Perie Lane, 60 ft. wide, thence along the end of Perie Lane S 8° 09' 30"E 60.00 ft. to the Southerly line thereof; thence along said line from a tangent which bears N 81°50' 30"E, along a curve to the right, having a radius of 75.00 ft, through a central angle of 16° 06' 09" for an arc distance of 49.18 ft. to a point of reverse curvature; thence along a curve to the left, having a radius of 160.00 ft., through a central angle of 12° 32'
01" for an arc distance of 35.00 ft., thence leaving said southerly line S16'42'32"W, 54.17 ft. to the southwesterly line of Lot 22 as said Lot is shown on said Tract No. 3279; thence S 7° 56' 21" E 155.21 ft. to the westernmost corner of Lot 21 as said lot is shown on said Tract No. 3279; thence along the general southerly line of said Tract 3279 the following S38°57'58" E 216.08 ft.; N 6947'53" E 290.94 ft; S440 00' 00"E 240.91 ft.; N 620 00' 00" E 133.00 ft.; N41°00' 00"E 245.66ft. to the southerly line of Suncrest Drive, 80 ft.wide, thence, along said line from a tangent which bears S 73°54'03" E, along a curve to the left, having a radius of 1060.00 ft., through a central angle of 3°29' 02" for an arc distance of 64.45 ft. to a Point of Compound curvature, thence along a curve to the left, having a radius of 455.00 ft., through a central angle of 25° 35' 15" for an arc distance of 203.20 ft. to a point of reverse curvature; thence along a curve to the right, having a radius of 301.58 ft., through a central angle of 31°17' 40" for an arc distance of 164.72 ft. to the westerly line of Lot 7 as shown on said Tract No. 3279; thence along said line and the westerly line of said lot 7 and Lot 6 S18°19' 20" W, 248.00 ft, to the northwesterly corner of Tract No. 3320, filed in Book 160 of Maps, at Pages 54 & 55, Santa Clara County Records; thence along the westerly line thereof S26°10'57"E, 611.87 ft. to an angle point in said boundary line; thence S28° 46' 00" E 107.48 ft. thence leaving said line S80° 18' 27" W. 474.87 ft. to "PP 29" in the northerly line of the San Jose City Reservation as shown on the Map filed in Book "A " of Maps, Page 53, Santa Clara County Records; thence along said northerly line S 74°29' 03" W, 772.69 ft. to an angle point in the easterly line of above said Tract No. 3807; thence along the northeasterly line thereof, being the northeasterly line of Lots 194 and 195, N. 75°54'30" W. 239.70 ft. thence leaving said line, along the general southwesterly boundary line of that certain Parcel of Land conveyed to Valley Title Company of Santa Clara County, a California Corporation, Recorded December 15, 1961 in Book 5400 of EXHIBIT "A" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PAGE 2 OF 2
Official Records, Page 411, Santa Clara County Records, N 14° 05' 30" E 160.00 ft.; N 75°54'30" W
2.43 ft.; N 67°19'
30" W 308.85 ft.; N2 9° 01'07" W 170.42 ft.; thence leaving said boundary line S 61° 03' 40" W 150.00 ft. thence S26° 56'20" E 168.72 ft; thence from a tangent which bears S 76°50'17" E, along a curve to the right, having a radius of 40.00 ft., through a central angle of 85°35'43" for an arc distance of 59.76 ft., to a Point of Reverse curvature; thence along a curve to the left, having a radius of 20.00 ft. through a central angle of 33°33'26" for an arc distance of 11.71 ft.; thence S 24 48' 00"E 7.50 ft, to the northeasterly end of said Dorel Drive; thence S65°12'00" W
60.00 ft. to the Point of Beginning, and being all of Parcel 1, and a portion of Parcel 3 and a portion of Dorel Drive as shown on the Parcel Map filed for record on June 17, 1987, in Book 574 of Maps, at pages 50, 51, and 52, Records of Santa Clara County.
Except
ing therefrom all that portion of Dorel Drive, as shown on last said Parcel Map Recorded June 17, 1987 as "To be dedicated to the City of San Jose by this Parcel Map.
Excepting therefrom that portion conveyed to Donald J. Baker and Winifred K. Baker in the Deed Recorded April 23, 1971 as Instrument No. 10874138, Official Records, described as follows:
All that portion of Parcel 1, as shown upon that certain Parcel Map, filed in Book 574 of Maps at Pages 50 to 52, Santa Clara County Records, being more particularly described as follows:
Beginning at the most Easterly corner of said Lot 8, as said Lot is shown on the map of Tract No. 3279, filed July 26, 1962 in Book 150 of Maps, Page 19, in the Office of the Santa Clara County Recorder, being also a point in the Northeasterly line of said Parcel 1; thence, coincident with said Northeasterly line, along the arc of a 1060.00 foot radius curve to the left, 44.55 feet, through a central angle of 02° 24'28"; thence, parallel with and forty (40.00) feet Southeasterly of the Southeasterly line of said Lot 8, S. 41°00' 00" W. 136.59 feet; thence, coincident with the Southeasterly extension of the Southwesterly line of said Lot 8, N49°00' 00" W. 40.00 feet to the Southernmost corner of said Lot 8; thence, coincident with the Southeasterly line thereof N41°00' 00" E. 17.09 feet to the Point of Beginning.
Excepting therefrom
, all of the following Transfer Area, being a portion of Parcel 1, as shown on that certain Parcel Map filed 574 of Maps, pages 50, 51, and 52, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 17, 1987, in Book 574 of Maps, pages 50, 51 and 52, and described as follows; BEGINNING at the so uthwest corner of Lot 20, as shown Map of Tract No. 3279, San Jose Highlands, Unit No. 1, recorded July 26th, 1962, in Book 150 of Maps, Page 19, 20, and 21, Santa Clara County Records, Thence, S 51° 05' 43" E, 312.86 feet; Thence, N 37° 16' 36" E, 230.21
feet;Thence N 43° 59' 50" W, 158.15 feet, Thence S 69° 47 53" W, 290.94 feet to the POINT OF BEGINNING;
Described above Transfer Area containing 1.310 acres and containing 57,049 square feet more or less, and being a portion of Parcel 1 as shown on that certain Parcel Map recorded June 17, 1987, in Book 574 of Maps, Pages 50, 51, and 52, Santa Clara County Records, EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as granted to San Jose Highlands Water Company, a Corporation by instrument recorded August 20, 1962 in Book 5689, page 516, Official Records.
The above described Parcel ‘A’ containing 42.064 acres gross, more or less.
END OF DESCRIPTION.
EXHIBIT "A" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A"
LOT LINE ADJUSTMENT
PARCEL "B"
All that certain real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows:
Parcel 3, as shown on that certain Map entitled "Parcel Map, being all of Record of Survey as recorded in Book 148 of Maps, Page 47, and Lots 9, 10, 11 of Tract 3279 and all of Pecos Point and lying entirely within the City of San Jose, California" which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on November 27. 1984 in Book 536 of Maps, pages(s) 23.
EXCEPTING THEREFROM the underground water rights thereto, with no right of surface entry, as granted to San Jose Highlands Water Company, a Corporation by instrument recorded August 20, 1962 in Book 5689, page 516. Official Record.
TOGETHER WITH the following Transfer Area, being a portion of Parcel 1, as shown on that certain Parcel Map filed 574 of Maps, pages 50, 51, and 52, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 17, 1987, in Book 574 of Maps, pages 50, 51 and 52, and described as follows;
BEGINNING at the so
uthwest corner of Lot 20, as shown Map of Tract No. 3279, San Jose Highlands, Unit No. 1, recorded July 26th, 1962, in Book 150 of Maps, Page 19, 20, and 21, Santa Clara County Records, Thence, S 51° 05' 43" E, 312.86 feet; Thence, N
37° 16' 36" E, 230.21 feet;Thence N 43° 59' 50" W, 158.15 feet, Thence S 69° 47 53" W, 290.94 feet to the POINT OF BEGINNING;
Described above Transfer Area containing 1.310 acres and containing 57,049 square feet more or less, and being a portion of Parcel 1 as shown on that certain Parcel Map recorded June 17, 1987, in Book 574 of Maps, Pages 50, 51, and 52, Santa Clara County Records, EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as granted to San Jose Highlands Water Company, a Corporation by instrument recorded August 20, 1962 in Book 5689, page 516, Official Records.
The above described Parcel ‘B’ containing 1.719 acres gross, more or less.
END OF DESCRIPTION.
This description was prepared by me or under my direction in accordance with the provisions of the Calfiornia Professional Land Surveyors Act.
Kenneth M. Anderson, LS, 7523
EXHIBIT "A" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
APN 595-27-050
CURRENT
PARECL"A"
PROPOSED
DOCUMENT NO. 22471147
ADJUSTMENT AREA
PROPOSED
42.064 ACRES +/-
PROPOSED
45,236 SQ.FT. +/-
1.038 ACRES +/-
EXISTING
74,873 SQ. FT.+/-
PROPOSED
43.373 ACRES +/-
17,568 SQ.FT. +/-
1.719 ACRES +/-
SHEET 1 OF 4
CONSITING OF 4 SHEETS
LOT LINE ADJUSTMENT PLAT
PARECL"B"
PROPOSED
EXISTING
1,889,358 SQ.FT. +/-
APN 595-27-038
CURRENT
DOCUMENT NO. 19118237
SOPHIST DR
MYLINDA DR
PERIE LANE
SUNCREST DR
BOULDER DR
DOREL
DR
PLAT TO ACCOMPANY LEGAL DESCRITION
EXHIBIT "B"
CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
M A T C H L I N E
SEE SHEET 3 OF 4
SEE SHEET 4 OF 4
CITY OF SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA
EXHIBIT "B" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CONSITING OF 4 SHEETS
LOT LINE ADJUSTMENT PLAT
LINE AND CURVE TABLES
SHEET 2 OF 4
CURVE TABLE
LINE TABLE
M A T C H L I N E M A T C H L I N E
SEE SHEET 3 OF 4
SEE SHEET 4 OF 4
PARECL"B"
PROPOSED
EXHIBIT "B"
PARECL"A"
PROPOSED
PLAT TO ACCOMPANY LEGAL DESCRITION
LEGAL DESCRITION
PLAT TO ACCOMPANY
EXHIBIT "B" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
STEINBAUGH CT.
PERIE LANE
DOREL DR.
SUNCREST AVE.
ALUM ROCK
PARK
M A T C H L I N E
SHEET 3 OF 4
APN 595-27-050
CURRENT
PARECL"A"
PROPOSED
DOCUMENT NO. 22471147
CONSITING OF 4 SHEETS
LOT LINE ADJUSTMENT PLAT
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRITION
CITY OF SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA
EXHIBIT "B" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SUNCREST AVE.
STEINBAUGH CT.
PERIE LANE
BOULDER DR.
DOREL DR.
M A T C H L I N E
SHEET 4 OF 4
APN 595-27-050
CURRENT
PARECL"A"
PROPOSED
DOCUMENT NO. 22471147
PARECL"B"
APN 595-27-038
DOCUMENT NO. 19118237
PROPOSED
ALUM ROCK
PARK
CONSITING OF 4 SHEETS
LOT LINE ADJUSTMENT PLAT
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRITION
42.064 ACRES +/-
PROPOSED
43.373 ACRES +/-
EXISTING
1,889,358 SQ.FT. +/-
EXISTING
74,873 SQ. FT.+/-
PROPOSED
17,568 SQ.FT. +/-
1.719 ACRES +/-
PROPOSED PARCEL "B"
3860 SUNCREST AVE
CITY OF SAN JOSE, SANTA CLARA COUNTY, CALIFORNIA
EXHIBIT "B" (File No. C21-002)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.