NVF:DHZ:DJF File No. C20-011
2/14/2023
1 T-52000 \ 1979144_2
Council Agenda: 2/28/2023
Item No.: 10.2(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 PREZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 0.895
GROSS ACRES, SITUATED ON THE NORTHEAST
CORNER OF WEST AN CARLOS STREET AND
BROOKLYN AVENUE (APNS 274-16-050, 052, 053, 069 &
070) FROM UNINCORPORATED TERRITORY WITHIN THE
COUNTY OF SANTA CLARA COUNTY TO THE MIXED USE
COMMERCIAL 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, the approximately 0.895-gross-acre site encompassed by the proposed pre- zoning was the subject of that certain Final Environmental Impact Report for the 1881 West San Carlos Mixed-Use Project (Planning File Nos.C20-011, CP20-020, T20-016, and ER20-146) (‘FEIR”), which evaluated the impact of the demolition of all existing structures on site for the construction of a 7-story, 227,617-square foot mixed-use development consisting of a 246-bed, 125,262-square foot Residential Care Facility for the Elderly (RCFE), 61 multi-family residential units, and 6,000 square-foot ground floor retail space with alternative parking (stackers) on the ground floor and in basement on a
1.23-gross acre site situated on the northeast corner of West San Carlos Street and Brooklyn Avenue (APNs 274-16-050, 052, 053, 069 & 070), which FEIR was certified and for which findings were adopted by the City Council on ____, 2023; and WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject pre-zoning to the Mixed Use Commercial Zoning District; and
NVF:JVP:DJF File No. C20-011
2/14/2023
2 T-52000 \ 1979144_2
Council Agenda: 2/28/2023
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, this Council of the City of San José has considered, approved, and adopted said FEIR and related Mitigation Monitoring and Reporting Program under separate Council Resolution No. _____ prior to taking any approval actions on this project; 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-zoned Mixed Use Commercial 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. C20-011 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:DJF File No. C20-011
2/14/2023
3 T-52000 \ 1979144_2
Council Agenda: 2/28/2023
Item No.: 10.2(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 ______, 2023 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT "A"
Legal Description
PREZONING, FILE No. C20-011
Real property in the County of Santa Clara, State of California being described as follow :
November 22, 2022
BKF No. 20200127
Page I of 1
Being Lots 10, 11 , 12, 13, 14, 25 26 and portion of Lot 27, in Block 14, of the Map of Interurban Park Tract, filed for record on December 5 I 904 in Book K of Maps at Page 21 , Records of Santa Clara County, more particularly described as follows:
BEGINNING at the southwesterly corner of said Lot 12, in Block 14, of said Map, said corner being also at the intersection of the northerly line of West San Carlos Street, formerly Stevens Creek Road being I 00.00 feet in width with the easterly line of Brooklyn Avenue, being 50.00 feet in width; Thence leaving said corner and along said easterly line of Brooklyn Avenue, North 00°15'00 " West, 215.08 feet to the northerly line of said Lot I 0, i □ Block 14 of said Map; Thence leaving said easterly line of Brooklyn Avenue and along the northerly lines of said Lot 10, in Block 14, of said Map, North 89°54' 1 O" East, 125.03 feet to the easterly line of said Lot I 0, in Block 14, of said Map; Thence along said easterly line, South 00°15 '00" East, 45.02 feet to the northerly line of said Lot 25, in Block 14, of said Map;
Thence along said northerly line, No1th 89°54' IO" East, 125.03 feet to the westerly line of Boston Avenue. being
50.00 feet in width;
Thence along said westerly line of Boston Avenue, South 00° 15'00" East, 45.02 feet to the northerly line of the lands described as Parcel One in that certain Quitclaim Deed to Paul and Linda Dorsa, Trustees of the Paul J. Dorsa and Linda E. Dorsa Family Trust Agreement dated January 29 1985, recorded August 7, 2013 as Document No. 22334117, Official Records of Santa Clara County;
Thence along said no1therly line of said lands, South 89°54' IO ' West, 73.36 feet to the westerly line of said lands described as Parcel One in that certain Quitclaim Deed (O.R. 22334 117); Thence along said westerly line of said lands, South 00° 15'00" East, 125.04 feet to said northerly line of West San Carlos Street;
Thence along said northerly line, South 89°54 ' IO" West, 176.70 feet to the point of BEGINNING.
Containing and area of 0.895 acres, more or less.
Being also Assessor's Parcel Numbers 274- 16-050, 274-16-052 , 274- 16-053, 274- 16-069 and 274- I 6-070 per Roll Year 2022-2023.
As shown on plat attached hereto and made a part hereof as EXHIBIT "A". ~() LANO
~"" By: --'::,,,£~ :...._--'~ ,p=--e~_""l~"-"'-._._ ... ~•tt...._c.,~ John Koroyan
P.L.S. No. 8883
EXHIBIT "A" (Prezoning, File No. C20-011)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 25' 25'
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EXHIBIT •A•
K: \2020\200127 _ 1881 _W_SAN_CARLOS_ST\SUR\DWG\PLA TS\ wsc_p ARCEL PROPERTY YLA T.DWG Pl.AT TO ACCOMPANY
LEGAL DESCRIPTION
1730 N. FIRST TIU:E r
SUITE 600
SAN JO E, A 95112
408-46 7-9100
www.bkf.co111
Subject PREZONING, FILE No. C20-011
Job No. 20176049
By JG Dote 11-22-2022 Chkd. JVK
SHEET 1 OF 1
EXHIBIT •B• (PREZONING, FILE No. C20-011}
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.