NVF:DHZ:DJF File No. C20-001
7/6/23
1 T-52000\2035468_3
Council Agenda: 8/8/23
Item No.: 10.1(c)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAF T
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOSE PREZONING
CERTAIN REAL PROPERTY SITUATED ON THE NORTH
SIDE OF MOORPARK AVEN UE APPROXIMATELY 130
FEET WESTERLY OF CE NTRAL WAY (2323-2391
MOORPARK AVENUE) (APNs: 282-01-014, 015, 016, 022,
023, 024 & 025) FROM UNINCORPORATED TERRITORY
WITHIN THE COUNTY OF SA NTA CLARA TO THE MUN
MIXED-USE NEIGHBORHOOD ZONING DISTRICT
FILE NO. C20-001
WHEREAS, all prezoning 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 property being prezoned was the subj ect of the Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Moorpark Avenue Multi-Family Residential Project (File Nos. C20-001, H20-035 & T20-029), which eval uated the impacts of the demolition of 30 vacant resident ial units, the removal of 47 trees (22 ordinance-size, 25 non-ordinance-size, with 59 replacement trees) for the construction of 41 residential townhomes within five three-story buildings on an approximately 2.01-gross-acre site, and was prepared in conformance with the California Environmental Quality Act of 1970 (“CEQA”); and
WHEREAS, the City Council of the City of San José (“City Council”) is the decision-making body for the subject prezoning to the MUN Mixed Use Neighborhood Zoning District; and WHEREAS, this City Council has considered, a pproved, 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 NVF:DHZ:DJF File No. C20-001
7/6/23
2 T-52000\2035468_3
Council Agenda: 8/8/23
Item No.: 10.1(c)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, prezoning of the subject property to the MUN Mixed Use Neighborhood Zoning District is consistent with the Envision San José 2040 General Plan land use designation of Mixed-Use Neighborhood; and
WHEREAS, despite this prezoning, the City of San José reserves the right to seek certification from the Santa Clara Local Ag ency Formation Commission and record the resolution ordering annexation of the subject property upon issuance of a building permit for construction or at any time prior to issuance of such permit;
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 described in this section (the "subject property") is hereby prezoned to the MUN Mixed Use Neighborhood Zoning District.
The subject property is all that real property situated in the County of Santa Clara, State of California, described in Exhibit “A” and de picted 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. C20-001 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 availabl e to the City of San José or to meet the NVF:DHZ:DJF File No. C20-001
7/6/23
3 T-52000\2035468_3
Council Agenda: 8/8/23
Item No.: 10.1(c)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
discharge standards of the sanitary sewe r system imposed by t he 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
Ma
yor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT ‘A’
LEGAL DESCRIPTION
SAN JOSE, CALIFORNIA
ALL OF LOT 264 AND PORTIONS OF LOTS 265, 266, 267, 268, 269 OF TRACT 228 BRADLEY MANOR - UNIT NO. 3, A PORTION OF PARCEL A AND ALL OF PARCEL B OF THE RECORD OF SURVEY FILED IN BOOK 139 PAGE 13 AND PARCEL TWO OF THE DEED RECORDED IN DOC. NO. 22862290 ON FEBRUARY 24, 2015, OFFICIAL RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 1” IRON PIPE WITH TAG AND NAIL, AT THE INTERSECTION OF CENTRAL WAY (FORMERLY BRADLEY AVENUE) AND CENTRAL WAY, THENCE NORTH 89°31’24” WEST 253.59 FEET TO A 1” IRON PIPE WITH PLUG AND TACK, THENCE SOUTH 56°49’28” EAST, 51.83’ FEET TO THE NORTHEAST CORNER OF SAID LOT 265 AND THE POINT OF BEGINNING;
THENCE, SOUTH 0°28’36” WEST, 104.93 FEET;
THENCE, SOUTH 89°31’24” EAST, 55.00 FEET;
THENCE, SOUTH 0°28’36” WEST, 105.13 FEET;
THENCE, NORTH 89°26’40” WEST, 55.32 FEET;
THENCE, SOUTH 43°11’17” EAST, 24.92 FEET;
THENCE, NORTH 89°26’40” WEST, 203.35 FEET;
THENCE, NORTH 00°33’13” EAST, 18.00 FEET;
THENCE, NORTH 89°26’40” WEST, 110.53 FEET;
THENCE, NORTH 0°27’23” EAST, 272.97 FEET;
THENCE, SOUTH 86°47’53” EAST, 189.69 FEET;
THENCE, SOUTH 43°13’01” EAST, 23.58 FEET TO A POINT ON CURVE; THENCE, ALONG AN ARC OF A NON-TANGENT CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 51°52’32” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 176°15’12”, AN ARC LENGTH OF 123.05 FEET TO A POINT OF REVERSE CURVATURE;
THENCE, ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 48°07’44” EAST, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL ANGLE OF 48°03’39”, AN ARC LENGTH OF 33.55 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 81,694 SQUARE FEET OR 1.875 ACRES OF LAND, MORE OR LESS.
A PLAT OF THE ABOVE DESCRIBED PROPERTY IS ATTACHED AS EXHIBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.
BEARING AND DISTANCES HEREIN ARE BASED ON THE PARCEL MAP FILED IN BOOK 903 OF MAPS AT PAGES 2-3, SANTA CLARA COUNTY RECORDS.
THE LEGAL DESCRIPTION HEREIN WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT IN JANUARY 2020.
END OF DESCRIPTION
RYAN M. SEXTON / PLS 9177
EXHIBIT "A" (File No. C20-001)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT 'B'
PLAT TO ACCOMPANY
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EXHIBIT "B" (File No. C20-001)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.