NVF:DHZ:DJF File No. PDC22-005
7/27/23
1 T-52001 / 2023506_2
Council Agenda: 08/08/2023
Item No.: 10.1(d)(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 1.76
GROSS ACRES SITUATED ON THE WEST SIDE OF
MONTEREY ROAD, 150 FEET SOUTHEASTERLY OF THE
INTERSECTION OF MONTEREY ROAD AND SAN JOSE
AVENUE (1669 MONTEREY ROAD) (APNs 456-02-019 &
456-02-020) FROM THE HI HEAVY INDUSTRIAL ZONING
DISTRICT TO THE HI(PD) PLANNED DEVELOPMENT
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 Initial Study/Mitigated Negative Declaration, in conformance with the California Environmental Quality Act of 1970 (CEQA), was prepared for the subject rezoning to the HI(PD) Planned Development Zoning District under File Numbers PDC22- 005 and PD22-010 (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 HI(PD) Planned Development Zoning District; and
WHEREAS, this Council of the City of San José has considered and approves the application and use of said IS/MND 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 designation of the site in the applicable General Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
NVF:DHZ:DJF File No. PDC22-005 7/27/23
2 T-52001 / 2023506_2
Council Agenda: 08/08/2023
Item No.: 10.1(d)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 rezoning of the subject property shall be that rezoning plan set for the subject property entitled “PLANNED DEVELOPMENT ZONING PLAN FOR CONCEPTUAL NEW HOTEL BUILDING 1669 MONTEREY ROAD,” dated February 14, 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- 005 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:DHZ:DJF File No. PDC22-005 7/27/23
3 T-52001 / 2023506_2
Council Agenda: 08/08/2023
Item No.: 10.1(d)(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
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.