NVF:DHZ:DJF File No. PDC20-017
5/23/23
1 T-52001 / 2024018
Council Agenda: 8/8/23
Item No.: 10.2(b)
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 JOS E REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 0.443
GROSS ACRE SITUATED ON THE NORTHEAST SIDE OF
ELM STREET , APPROXIMATELY 1 05 FEET
NORTHWESTERLY OF MCKENDREE DRIVE (972 ELM
STREET) (APN: 230-41-025) FROM THE A(PD) PLANNED
DEVELOPMENT ZONING DISTRICT TO MUN(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 was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, for the subject rezoning to the A(PD) Planned Development Zoning District under File No. PDC 20-017 (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 a MUN(PD) Planned Development Zoning District; and
WHEREAS, this 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 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:DHZ:DJF File No. PDC20-017
5/23/23
2 T-52001 / 2024018
Council Agenda: 8/8/23
Item No.: 10.2(b)
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 MUN(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the MUN Mixed Use Neighborhood Zoning District. The Planned Development rezoning of the subject property shall be that rezoning plan set for the subject property entitled, “Proposed 8 S.F.R. 972 Elm Street, San Jose, CA 95126, PDC20- 017” dated May 17, 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. PDC20- 017 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. PDC20-017
5/23/23
3 T-52001 / 2024018
Council Agenda: 8/8/23
Item No.: 10.2(b)
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
PROPOSED REZONING TO A(PD) ZONING
DISTRICT GEOGRAPHIC DESCRIPTION
PROPOSED REZONING TO MUN(PD) ZONING
THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF SANTA CLARA, CITY OF SAN JOSE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PART OF LOT 1, BLOCK 20 OF THE MAP OF UNIVERSITY GROUNDS, SANTA CLARA COUNTY, CALIFORNIA FILED AUGUST 25, 1866 IN BOOK “A” OF MAPS, AT PAGE 80, SANTA CLARA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF ELM STREET, AS SHOWN ON THE MAP HEREINAFTER REFERRED TO, DISTANT THEREON 105 FEET NORTHWESTERLY FROM THE
POINT OF INTERSECTION THEREOF WITH THE NORTHWESTERLY LINE OF MCKENDRIE STREET,
AS SHOWN ON THE MAP HEREINAFTER REFERRED TO, AT THE MOST WESTERLY CORNER OF
THAT CERTAIN PARCEL OF LAND CONVEYED TO GUS LOPAS, ET UX, BY DEED RECORDED SEPTEMBER 2, 1947 IN BOOK 1440 OF OFFICIAL RECORDS, PAGE 472; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE OF LOT 1 HEREINAFTER DESCRIBED;
THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF MCKENDRIE STREET 200 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 1 THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, 100 FEET TO THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WALTER V.
CARDER, ET UX BY DEED RECORDED JANUARY 23, 1947 IN BOOK 1408 OF OFFICIAL RECORDS, PAGE 368;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAST NAMED PARCEL
CONVEYED TO CARDER AND PARALLEL WITH THE NORTHWESTERLY LINE OF MCKENDRIE STREET 50 FEET TO THE SOUTHWESTERLY CORNER THEREOF;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID LAND CONVEYED TO LOPAS AND PARALLEL WITH THE NORTHEASTERLY CORNER THEREOF;
THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAST NAMED PARCEL AND PARALLEL TO THE NORTHWESTERLY LINE OF MCKENDRIE STREET 150 FEET TO THE POINT OF BEGINNING.
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
MUN(PD)
PDC20-017
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.