NVF:VMT:DJF File No. C22-022
03/28/23
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Council Agenda: 4/11/23
Item No.: 10.1 (b) (3)
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 0. 39
GROSS ACRES, LOCATED ON THE WEST SIDE OF
PLUMMER AVE NUE, APPROXIMATELY 360 FEET
SOUTHEAST OF CURTNER AVE (2267 PLUMMER AVE,
APN 446-38-005) FROM THE R-1-8 SINGLE FAMILY
RESIDENCE ZONING DISTRICT TO THE PQP
PUBLIC/QUASI-PUBLIC 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, an Addendum to the Initial Study/Mitigated Negative Declaration for the Presentation High Master Plan, in conformance with the California Environmental Quality Act of 1970 ( “CEQA”), was prepared for the subject rezoning to the PQP Public/Quasi- Public Zoning District under File Numbers GP22-007, C22 -022, and SP22 -014 (the “Addendum"); and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the PQP Public/Quasi-Public Zoning District; and
WHEREAS, this Council of the City of San José has considered and approves the application and use of said Addendum as the appropriate environmental clearance for the proposed project prior to acting upon or approving the subject rezoning; and
WHEREAS, the proposed rezoning is consistent with the designat ion of the site in the applicable General Plan; and
NVF:VMT:DJF File No. C22-022 03/28/23
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Council Agenda: 4/11/23
Item No.: 10.1 (b) (3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, pursuant to Senate Bill 330 (2019), the proposed Conforming Rezoning File No. C22-022 would change the Zoning District of the subject site from R-1-8 Single-Family Residence (8 DU/AC, or 3 units for the subject property) to PQP Public/Quasi-Public (100 DU/AC, or 39 units for the subject site) and result in an increase of residential capacity by 36 residential units and this increase in residential capacity would offset the decrease of residential capacity of 29 units from the Conforming Rezoning File No. C22-014, if approved concurrently, so there would be a total increase of 7 units, therefore, there is no net loss of residential capacity, which satisfies Senate Bill 330 (2019);
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 from the R-1-8 zoning district as depicted on Exhibit “A-1” to the to the PQP Public/Quasi-Public Zoning District as depicted in Exhibit “A-2.”
The subject property referred to in this section is all that real property situated in the County of Santa Clara, State of California, depicted in Exhibit “A” attached hereto and incorporated herein by this reference.
SECTION 3. The zoning district map of the City is hereby amended from the map depicted in Exhibit “A-1” to the map depicted in Exhibit “A-2”, accordingly.
SECTION 4. Any land development approval that is the subject of City File No. C22-022 is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San José Municipal Code. 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 NVF:VMT:DJF File No. C22-022 03/28/23
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Council Agenda: 4/11/23
Item No.: 10.1 (b) (3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
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
NVF:VMT:DJF File No. C22-022 03/28/23
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Council Agenda: 4/11/23
Item No.: 10.1 (b) (3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT “A”
File No. C22-022. The zoning district map of the City of San José is hereby amended from the Diagram in Exhibit A-1 to the Diagram in Exhibit A-2 as follows:
EXHIBIT A-1: EXISTING ZONING- R-1-8 Single Family Residence
NVF:VMT:DJF File No. C22-022 03/28/23
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Council Agenda: 4/11/23
Item No.: 10.1 (b) (3)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT A-2: Revised Zoning District – PQP Public/Quasi-Public