NVF:VMT:DJF
3/28/23
1 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
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 AMENDING THE ENVISION SAN JOSE 2040
GENERAL PLAN PURSUANT TO TITLE 18 OF THE SAN
JOSE MUNICIPAL CODE TO MODIFY THE LAND USE/
TRANSPORTATION DIAGRAM FROM RESIDENTIAL
NEIGHBORHOOD TO PUBLIC/QUASI-PUBLIC ON AN
APPROXIMATELY 0.39-GROSS ACRE SITE LOCATED AT
2267 PLUMMER AVE (ASSESSOR PARCEL NUMBER 446-
38-005)
2023 General Plan Amendment Cycle (Cycle 1)
FILE NO. GP22-007
WHEREAS, the City Council is authorized by Title 18 of the San José Municipal Code and state law to adopt and, from time to time, amend the General Plan governing the physical development of the City of San José; and
WHEREAS, on November 1, 2011, the City Council adopted the General Plan entitled, "Envision San José 2040 General Plan, San José, California” by Resolution No. 76042, which General Plan has been amended from time to time ("General Plan"); and
WHEREAS, in accordance with San José City Charter section 1000 and Title 18 of the San José Municipal Code, all general and specific plan amendment proposals are referred to the Planning Commission of the City of San José for review and recommendation prior to City Council consideration of the amendments; and
WHEREAS, on March 22, 2023, the Planning Commission held a hearing to consider the proposed amendment to the General Plan, File No. GP2 2-007 specified in Exhibit “A” hereto (“General Plan Amendment”), at which hearing interested persons were given the NVF:VMT:DJF
3/28/23
2 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
opportunity to appear and present their views with respect to said proposed amendments; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission transmitted its recommendations to the City Council on the proposed General Plan Amendment; and
WHEREAS, on April 11, 2023, the Council held a duly noticed public hearing; and
WHEREAS, a copy of the proposed General Plan Amendment is on file with the office of the Director of Planning, Building and Code Enforcement of the City, and available electronically on the Department of Planning, Building and Code Enforcement webpage, with copies submitted to the City Council for its consideration; and
WHEREAS, pursuant to Title 18 of the San José Municipal Code, public notice was given that on April 11, 2023 , at 6:00 p.m. the Council would hold a public hearing where interested persons cou ld appear, be heard, and present their views with respect to the proposed General Plan Amendment (Exhibit “A”); and
WHEREAS, prior to making its determination on the General Plan Amendment, the Council reviewed and adopted the Addendum to the Initial Study/ Mitigated Negative Declaration for File No. GP22-007 (Resolution No. _____) in accordance with the California Environmental Quality Act; and
WHEREAS, the General Plan Amendment will not result in inconsistent zoning because the site is being concurrently rezoned to the Public/Quasi-Public Zoning District (File No.
C22-022) and will not take effect until the associated rezoning ordinance takes effect; and
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3 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, pursuant to California Senate Bill (SB) 330 (2019), a city is prohibited from enacting a development policy, standard, or condition, as defined, that would have the effect of changing the land use designation or zoning of a parcel or parcels of property to a less intensive residential use or reducing the residential intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018; and
WHEREAS, California Government Code Section 66300(b)(1) allows a city to change a land use designation or zoning ordinance to a less intensive residential use if the city concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity; and
WHEREAS, no net loss of residential capacity will result from this General Plan Amendment because the City is concurrently amending the General Plan land use designation of the property at 2267 Plummer Ave (APN: 446-38-005) from Residential Neighborhood (8 du/acre, or 3 units for the subject site) to Public/Quasi-Public (0 du/acre, or 0 units for the subject site ), in which the proposed project decreases residential capacity by 3 housing units, with General Plan Amendment GP22-008 where if approved there will be a n increase in residential capacity by 96 units for a total increase of residential capacity of 93 units, therefore, there is no net loss in residential capacity with the change in land use designation set forth herein; and
WHEREAS, the Council of the City of San José is the decision -making body for the proposed General Plan Amendments;
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4 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS:
SECTION 1. The Council’s determination regarding General Plan Amendment File No.
GP22-007 is hereby specified and set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 2. The General Plan Land Use Amendment specified in GP22-007, as set forth in “Exhibit A” of this Resolution, shall take effect upon the effective date of the associated rezoning ordinance for File No. C22-022.
ADOPTED this _____ day of _____________, 20__, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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3/28/23
5 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
I hereby certify that the amendments to the San José General Plan specified in the attached Exhibit A were adopted by the City Council of the City of San José on _______________, as stated in its Resolution No. ________.
Dated: ________________ ___________________________ TONI J. TABER, CMC
City Clerk
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6 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT A
File No. GP22-007. The Envision San Jose 2040 General Plan 2040 Land Use/ Transportation Diagram is hereby amended from the Residential Neighborhood land use designation as depicted in Exhibit A-1 to the Public-Quasi-Public land use designation as depicted in Exhibit A-2 as follows:
Exhibit A-1: Existing Land Use Designation: Residential Neighborhood
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3/28/23
7 2023 General Plan Amendment (Cycle 1)
GP22-007
T-1201.076/2000925_2
Council Agenda: 4/11/23
Item No.: 10.1 (b) (2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Exhibit A-2: Revised Land Use Designation: Public/Quasi-Public