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1 T-52013/1993636_2 Council Agenda: 03-14-2023 Item No.: 10.1(b)(d) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. _________ A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE GRANTING A RELEASE OF THE COVENANT OF EASEMENT, WHICH INCLUDES INGRESS, EGRESS, PARKING, EMERGENCY ACCESS, AND ACCESS TO AND/OR OPERATION AND MAINTENANCE OF STORM WATER TREATMENT MEASURE EASEMENTS, LOCATED ON AN APPROXIMATELY 2.7-GROSS-ACRE SITE CONSISTING OF THREE PARCELS LOCATED AT THE SOUTHEAST CORNER OF NORTH JACKSON AVENUE AND BERRYESSSA ROAD (APNS 254-80-021, 022 & 023) FILE NO. ET19-003 WHEREAS, pursuant to the provisions of Chapter 20.100 of Title 20 of the San José Municipal Code, on June 11, 2019, William Chan, on behalf of property owner Berryessa Property, LLC, filed an application (File No. ET19-003) for a petition to release a Covenant of Easement which includes ingress, egress, parking, emergency access, and access to and/or operation and maintenance of storm water treatment measure easements located on an approximately 2.7-gross-acre site consisting of three parcels located at the southeast corner of North Jackson Avenue and Berryessa Road (APN 254-80-021, 022 and 023) (the subject property); and WHEREAS, the subject property is all that real property more particularly described in Exhibit "A," entitled Legal Description, and depicted in Exhibit B, entitled Plat Map, both dated January 23, 2023, which are attached hereto and made a part hereof by this reference as if fully set forth herein; and WHEREAS, pursuant to and in accordance with Chapter 20.100 of Title 20 of the San José Municipal Code, the City Council conducted a hearing on said application concurrent with a Conforming Rezoning application (File No. C19-011) and a Site Development Permit (File No. H19-020), notice of which was duly given; and NVF:DHZ:DJF 3/1/2023
2 T-52013/1993636_2 Council Agenda: 03-14-2023 Item No.: 10.1(b)(d) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, at said hearing, the City Council gave all persons full opportunity to be heard and to present evidence and testimony respecting said matter; and WHEREAS, at said hearing this City Council received and considered the reports and recommendation of the Citys Director of Planning, Building and Code Enforcement; and WHEREAS, at said hearing, this City Council received in evidence a Plat Map for the subject property entitled, Exhibit B, Plat to Accompany Legal Description, dated January 23,2023, said Exhibit is on file in the Department of Planning, Building and Code Enforcement and is available for inspection by anyone interested herein, and said plan is incorporated herein by this reference, the same as if it were fully set forth herein; and WHEREAS, said public hearing before the City Council was conducted in all respects as required by the San José Municipal Code and the rules of this City Council; and WHEREAS, this City Council has heard and considered the testimony presented to it at the public hearing, and has further considered written materials submitted on behalf of the project applicant, City staff, and other interested parties; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT: The foregoing recitals are hereby incorporated as findings as though set forth in the body of this Resolution. After considering all of the evidence presented at the Public Hearing, the City Council finds that the following are the relevant facts regarding this proposed project: 1. The subject parcels have a General Plan Transportation/Land Use Diagram designation of Neighborhood/Community Commercial. 2. The subject parcels are located within the CP Commercial Pedestrian Zoning District.
NVF:DHZ:DJF 3/1/2023
3 T-52013/1993636_2 Council Agenda: 03-14-2023 Item No.: 10.1(b)(d) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
3. A release of a Covenant of Easement, which includes ingress, egress, parking, emergency access, and access to and/or operation and maintenance of storm water treatment measure easements on and for the benefit of Lot 1 (Assessors Parcel Number 254-80-021, approximately 57,799 square feet), Lot 2 (Assessors Parcel Number 254-80-022), approximately 28,843 square feet), and Lot 3 (Assessors Parcel Number 254-80-023, approximately 33,677 square feet), recorded in the Parcel Map filed on June 15, 2011, in Book 845 of Maps at page 41 and 42 in the Office of the Recorder of the County of Santa Clara, as corrected by a certificate of correction recorded on July 28, 2011, as Document No. 21259977 of official records. On June 11, 2019, the applicant applied for a release of the Covenant of Easement for all on-site easements as they are no longer required on Lots 1 through 3, which will be developed with a new permit under File No. H19-020 and merged into one assembled lot. 4. The Zoning Ordinance, pursuant to Section 20.110.130, requires that the release of the Covenant of Easement be approved by the Planning Commission, unless the project is being reviewed concurrently pursuant to Section 20.100.140 of the Municipal Code which states that the unified process shall use the public hearing procedures required for the highest level permit or approval. 5. A release of the Covenant of Easement may be approved if the City Council makes the findings required by Section 20.110.150 of the San José Municipal Code. 6. An Initial Study/Mitigated Negative Declaration entitled Berryessa-Jackson Commercial Project was prepared in accordance with the California Environmental Quality Act. Approval of the project would not result in any significant impacts relating to land use or density. 7. The Covenant of Easement is not necessary for the development of the property or to achieve the land use goals of the City, and a request for release was properly applied for pursuant to the San José Municipal Code. CONDITIONS 1. Recording (Release to be recorded). A Site Development Permit (File No. H19-020) is related to this release of the Covenant of Easement (File No. ET19-003). As a condition of the Site Development Permit and the release of the Covenant of Easement, and pursuant to San José Municipal Code Chapter 20.110, the permittee is required to record the ET19-003 resolution in the office of the recorder for the County of Santa Clara within fifteen days after the action of the City Council in granting a petition for release has become final. Prior to the issuance of building permits, the permittee shall provide proof to the Director of Planning, Building and NVF:DHZ:DJF 3/1/2023
4 T-52013/1993636_2 Council Agenda: 03-14-2023 Item No.: 10.1(b)(d) DRAFT Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Code Enforcement or Directors designee that the ET19-003 resolution granting the release of the Covenant of Easement was recorded. In accordance with the findings set forth above, the City Council hereby releases the Covenant of Easement for the subject property, which release shall be effective upon the recordation of this resolution. ADOPTED this ________day of ______________, 2023, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: _____________________________ MATT MAHAN Mayor ATTEST: _______________________ TONI J. TABER, CMC City Clerk EXHIBIT "A" (File Nos. C19-011; H19-020; ET19-003)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos. C19-011; H19-020; ET19-003)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.