NVF:AXY:DJF File No. PDC22-009
7/26/23
1 T-52001 \ 2040558
Council Agenda: 08/08/2023
Item No.: 10.1(e)(2)
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 10.90
GROSS ACRES SITUATED AT THE SOUTHWEST
CORNER OF WEST TRIMBLE ROAD AND ORCHARD
PARKWAY (350 WEST TRIMBLE ROAD) (APN 101-02-018)
FROM THE IP(PD) PLANNED DEVELOPMENT ZONING
DISTRICT (FILE NO. PDC17-026) TO AN IP(PD) PLANNED
DEVELOPMENT ZONING DISTRICT
FILE NO. PDC22-009
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 Initial Study/Mitigated Negative Declaration, in conformance with the California Environmental Quality Act of 1970 (CEQA), was prepared for the subject rezoning to the IP(PD) Planned Development Zoning District under File Numbers PDC22- 009 and PD22-028 (the “IS/MND”); and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the IP(PD) Planned Development Zoning District; and
WHEREAS, the Council of the City of San José has considered, approved, and adopted said IS/MND 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;
NVF:AXY:DJF File No. PDC22-009
7/26/23
2 T-52001 \ 2040558
Council Agenda: 08/08/2023
Item No.: 10.1(e)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 IP(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the IP Industrial Park Zoning District. The Planned Development Zoning of the subject property shall be that development plan set for the subject property entitled, “350 West Trimble Road Planned Development Rezoning General Development Plan” last revised March 1, 2023 (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 No. PDC22- 009 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:AXY:DJF File No. PDC22-009
7/26/23
3 T-52001 \ 2040558
Council Agenda: 08/08/2023
Item No.: 10.1(e)(2)
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
October 27, 2022
HMH 5154.06.270
515400LD05 - Zoning.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
REAL PR
OPERTY in the City of San Jose, County of Santa Clara, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map filed for record on April 20, 2021, in Book 937 of Maps, page 43, Santa Clara County Records, described as follows:
BEGIN
NING at the southeasterly terminus of that certain course shown as North 61°00'32" East, 635.06 feet, on the northwesterly line of said Parcel 1, being on the southeasterly line of Trimble Road;
Thence along said southeasterly line, North 60°13'02" East, 635.06 feet to the easterly line of Orchard Parkway;
Thence along said easterly line the following three courses:
1. Thence southeasterly, along a non-tangent curve to the right, having a radius of 53.67 feet, whose center bears South 03°37'31" East, through a central angle of 70°13'53" for an arc length of 65.79 feet;
2. Thence along a compound curve to the right, having a radius of 570.00 feet, through a central angle of 31°03'47" for an arc length of 309.03 feet;
3. Thence South 07°40'10" West, 268.16 feet;
Thence along the following five courses:
1. Thence North 82°20'13" West, 23.42 feet;
2. Thence along a tangent curve to the left, having a radius of 200.00 feet, through a central angle of 36°57'07" for an arc length of 128.99 feet;
3. Thence South 60°42'40" West, 223.20 feet;
4. Thence South 85°53'55" West, 649.63 feet;
5. Thence North 40°45'40" West, 151.80 feet to the southeasterly line of Trimble Road; Thence along s
aid southeasterly line the following six courses:
1. Thence Nor
th 49°15'06" East, 60.38 feet;
2. Thence northeasterly, along a non-tangent curve to the right, having a radius of 2,780.00 feet, whose center bears South 40°45'11" East, through a central angle of 01°40'04" for an arc length of 80.92 feet;
3. Thence South 39°05'07" East, 4.50 feet;
4. Thence northeasterly, along a non-tangent curve to the right, having a radius of 2,775.50 feet, whose center bears South 39°05'07" East, through a central angle of 04°43'17" for an arc length of 228.71 feet;
5. Thence North 34°21'50" West, 4.50 feet;
6. Thence northeasterly, along a non-tangent curve to the right, having a radius of 2,780.00 feet, whose center bears South 34°21'50" East, through a central angle of 04°34'52" for an arc length of 222.27 feet, to the POINT OF BEGINNING.
Contai
ning 10.94 acres, more or less.
This legal description of land does not constitute a separately created parcel per requirements of the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
EXHIBIT "A" (FILE No. PDC22-009)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
October 27, 2022
HMH 5154.06.270
515400LD05 - Zoning.docx
This
legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date
: __________________ __________________________
Tracy L. Giorgetti, LS 8720
EXHIBIT "A" (FILE No. PDC22-009)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
TRIMBLE ROAD
ORCHARD PARKWAY
1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
1 IN. = FT.
0 15075
150
EXHIBIT "B" (FILE No. PDC22-009)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.