NVF:DHZ:DJF File No. C22-040
2/10/2023
1 T-52000 \ 1980813
Council Agenda: 2/14/2023
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Administrative changes made since original posting on 2/3/2023.
DRAFT
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOSE PREZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 0.51
GROSS ACRES, SITUATED ON THE EAST SIDE OF
SOUTH BASCOM AVENUE BE TWEEN BASILE AVENUE
AND PARKMOOR AVENUE AND ON THE SOUTHWEST
CORNER OF LASWELL AV ENUE AND PARKMOOR
AVENUE (APNs: 277-29-045; & 277-29-044) FROM
UNINCORPORATED TERRITORY WITHIN THE COUNTY
OF SANTA CLARA COUNTY TO THE CP COMMERCIAL
PEDESTRIAN ZONING DISTRICT AND THE R-1-8 SINGLE-
FAMILY RESIDENCE ZONING DISTRICT
WHEREAS, all pre-zoning 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 (“City”) has determined the pre- zoning is in furtherance and within the scope of the previously approved program evaluated in the Final Prog ram Environmental Impact Report for the Envision San José 2040 General Plan (the “FEIR”), for which findings were adopted by the City Council through its Resolution No. 76041 on November 1, 2011, and the Supplemental Environment al Impact Report (the “SEIR ”), through Resolution No. 77617, adopted by the City C ouncil 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 is the decision-maki ng body for the proposed subject pre- zoning to the CP Commercial Pedestrian Zo ning District and the R-1-8 Single-Family Residence Zoning District; and
NVF:DHZ:DJF File No. C22-040
2/10/2023
2 T-52000 \ 1980813
Council Agenda: 2/14/2023
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Administrative changes made since original posting on 2/3/2023.
WHEREAS, this Council has considered and approv es the information contained in the previously adopted FEIR and related City Council Resolution No . 76041 and the SEIR and related City Council Re solution No. 77617, and Ad denda thereto, and the determination of consistency therewith prior to acting upon or approving the subject pre- zoning; and
WHEREAS, the proposed pre-zoning 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 pre-zo ned CP Commercial Pedestrian Zoning District and 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 “BA,” 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. C22-040 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 su ch land use approval hereby acknowledges receipt of notice that the issuance of a building permit to implement such land development NVF:DHZ:DJF File No. C22-040
2/10/2023
3 T-52000 \ 1980813
Council Agenda: 2/14/2023
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Administrative changes made since original posting on 2/3/2023. 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 availabl e to the City of San José or to meet the discharge standards of the sanitary sewe r system imposed by t he 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
Ma
yor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT "A" (File No. C22-040)
REVISED – Administrative changes made since original posting on 2/3/2023 - This Exhibit A replaces previously posted Exhibits A and B.