NVF:DHZ:JMD File No. C22-124
1/3/2023
1 T-51000/1978833_2
Council Agenda: 01-10-2023
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 1.37
GROSS ACRES, SITUATED ON THE NORTHWEST
CORNER OF BERNAL ROAD AND REALM DRIVE (151
BERNAL ROAD) (APN: 706-01-046) FROM THE IP
INDUSTRIAL PARK ZONING DISTRICT TO THE CN
COMMERCIAL NEIGHBORHOOD 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, under Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the proposed rezoning is in furtherance 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 CN Commercial Neighborhood 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 determination of consistency therewith prior to acting upon or approving the subject rezoning in accordance with CEQA; and
NVF:DHZ:JMD File No. C22-124
1/3/2023
2 T-51000/1978833_2
Council Agenda: 01-10-2023
Item No.: 10.1(a)
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; and
WHEREAS, pursuant to Senate Bill 330, the proposed rezoning (File No. C22-124) does not reduce the intensity of residential uses because the proposed rezoning allows for greater residential density than the existing IP Industrial Park Zoning District; the rezoning would increase the residential capacity by approximately 152 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 CN Commercial Neighborhood 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. C22-124 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 NVF:DHZ:JMD File No. C22-124
1/3/2023
3 T-51000/1978833_2
Council Agenda: 01-10-2023
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 ______, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
October 26, 2022
HMH 5832.00.130
5 83200LD01 REZONING.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
FOR REZONING PURPOSES
REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, b
eing all of that parcel of land described in the Grant Deed recorded May 19, 2020, in Document No. 24482494 of Official Records, Santa Clara County Records:
B
EGINNING at the West corner of said parcel;
Thence South 52°26'19" East, 222.86 feet;
Thence along a tangent curve to the left, having a radius of 20.00 feet, through a central angle of 91°12'44" for an arc length of 31.84 feet;
Thence North 36°20'57" East, 230.48 feet;
Thence North 53°39'03" West, 238.04 feet;
Thence South 37°33'41" West, 245.82 feet, to the POINT OF BEGINNING.
Containing 1.37 acres, more or less.
As
shown on Exhibit “B" attached hereto and made a part hereof.
END OF DESCRIPTION
For assessment or zoning purposes only. This description of land is not a legal property description a
s defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
T
his legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
EXHIBIT "A" (File No. C22-124)
BERNAL ROAD
REALM DRIVE
1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
1 IN. = FT.
0 5025
50 EXHIBIT "B" (File No. C22-124)