NVF:MJV:JMD File No. C22-043
10/29/2022
1 T-51000/1965980_2
Council Agenda: 11-15-2022
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 JOSE REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 0.24
GROSS ACRE, SITUATED ON THE WEST SIDE OF DI
SALVO AVENUE, APPROXIMATELY 80 FEET NORTH OF
BAILEY AVENUE (179 DI SALVO AVENUE) (APN: 274-59-
054) FROM THE CO COMMERCIAL OFFICE ZONING
DISTRICT TO THE R-1-8 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 Addenda 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-1-8 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. C22-043
10/29/2022
2 T-51000/1965980_2
Council Agenda: 11-15-2022
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 in accordance with CEQA; 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. C22-043) does not reduce the intensity of residential uses because the proposed rezoning allows for greater residential density than the existing CO Commercial Office Zoning District; the rezoning would increase the residential capacity by approximately one unit;
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-1-8 Single-Family Residence Zoning District.
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. C22-043 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. C22-043
10/29/2022
3 T-51000/1965980_2
Council Agenda: 11-15-2022
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 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
Order No. 520-2311170-60
Exhibit “A”
Lot 22, as shown on that certain Map entitled, "Tract No. 655," Map Park Home Sites, which Map was filed in the office of the Recorder of the County of Santa Clara, State of California on September 26, 1949 in Book 24 of Maps, at Page 28.
Assessor's Parcel Numbers(s): 274-59-054
EXHIBIT "A"
(File No. C22-043)
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LOT 24 LOT 25
(24-M-28) (24-M-28)
LANDS OF LANDS OF MARLIES DEVEER &
I GEOFFREY HANSON & AMY BEASLEY
DOC# 22985673 N.0'29'05"W. 76.00'
L O T 2 6
(24-M-28)
LANDS OF
HILLARIE COX &
GRACE COX
DOC# 24116612 L
ADEL TRU HANSON DOC# 16016352
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c.o c.o N N
LO LO
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L O T 2 3 I L O T 2 2 I L O T 2 1
(24-M-28) (24-M-28) (24-M-28)
LANDS OF AREA = 10,279±SQ.FT. LANDS OF
GARY GALIOTTO & LLOYD EAKES l,J-i LANDS OF CAILIN HUANG _w JIACHENG LU & DOC# 21446895 'iD I DOC# 25257376 l'iD YUN HU N N
81 18 DOC# 24401572
en en co OC! z z
I I
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N.0'29'05"W. 76.00'
L_________ DI SALVO AVENUE (60'R/W)
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0 15
EXHIBIT "B"
PlAT FOR : PlANNING PURPOSES
179 DI SALVO AVENUE, SAN JOSE, CA
- - ------------------~
30 60
DATE: AUG, 2022 w E C 2625 MIDDLEFIELD RD #658 TEL: (650) 823-6466 SCALE- 1 "=30' . & Assoc I ATES PALO ALTO , CA 94306 FAX: (650) 887-1294 BY: EW
EXHIBIT "B"
(File No. C22-043)