NVF:AXY:DJF File No. PDC20-023
3/28/23
1 T-52001/2002203_2
Council Agenda: 4/11/23
Item No.: 10.3 (c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOS E REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 22.36
GROSS ACRE S SITUATED AT THE NORTHERN
TERMINUS OF GRANITE ROCK WAY AT 120 GRANITE
ROCK WAY (APNS: 462-17-024 AND 462-17-025)
FROM THE IP INDUSTRIAL PARK AND IP(PD) PLANNED
DEVELOPMENT ZONING DISTRICT TO A HI(PD) PLANNED
DEVELOPMENT ZONING DISTRICT
FILE NO. PDC20-023
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, the approximately 22.36- gross acre site encompassed by the proposed rezoning was the subject of that certain Final Environmental Impact Report (“FEIR”) for the Graniterock Capitol Site Modernization Project (File Nos. GP19 -010, PDC20-023 & PD20-013) was prepared in conformance with the California Environmental Quality Act of 1970 ( “CEQA”), as amended, which evaluated the impact of the demolition of approximately 15,072 square feet of existing industrial buildings and the removal of 30 trees (9 ordinance-size and 21 non-ordinance-size), and 35 replacement trees for the expansion and modernization of the exi sting Graniterock recycling, manufacturing, and distribution facility, which FEIR was certified for 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 rezoning to the HI(PD) Planned Development Zoning District; and
NVF:AXY:DJF File No. PDC20-023 3/28/23
2 T-52001/2002203_2
Council Agenda: 4/11/23
Item No.: 10.3 (c)
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 rezoning 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 rezoned to the HI(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the HI Heavy Industrial Zoning District. The Planned Development Zoning of the subject property shall be that development plan set for the subject property entitled, “Planned Development Zoning for Granite Rock” last revised October 17, 2022 (“General Development Plan”).
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 PDC20-023 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
NVF:AXY:DJF File No. PDC20-023 3/28/23
3 T-52001/2002203_2
Council Agenda: 4/11/23
Item No.: 10.3 (c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
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" PDC20-023
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Exhibit "A" PDC20-023
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Exhibit "B" PDC20-023
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.