NVF:AXY:DJF File No. PDC22-088
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Council Agenda: 8/29/2023
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 JOSE REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 0.63
GROSS ACRE SITUATED AT THE NORTHEAST CORNER
OF MITZI DRIVE AND RANCHERO WAY (4146 MITZI
DRIVE) (APN 299-16-001) FROM THE R-M MULTIPLE
RESIDENCE ZONING DISTRICT TO THE UR(PD) PLANNED
DEVELOPMENT ZONING DISTRICT
FILE NO. PDC22-088
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 Addendum to the Mitzi Place Apartments Initial Study/Mitigated Negative Declaration (IS/MND), Planning File No. SP18-033, in conformance with the California Environmental Quality Act of 1970 (“CEQA”), as amended, was prepared and approved by the Director of Planning, Building and Code Enforcement for the subject rezoning; and WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the UR(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 Addendum as the appropriate environmental clearance for this proposed project prior to taking any approval actions on the project; and WHEREAS, the proposed rezoning is consistent with the designation of the site in the applicable General Plan;
NVF:AXY:DJF File No. PDC22-088
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Council Agenda: 8/29/2023
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 as UR(PD) Planned Development Zoning District. The base zoning district of the subject property shall be the UR Urban Residential Zoning District. The Planned Development Zoning of the subject property shall be that development plan set for the subject property entitled, “4146 Mitzi Drive Site & Historic Graves House Reconstruction” last revised March 16, 2023 (“General Development Plan”).
Said General Development Plan is on file in the office of the Director of Planning, Building and Code Enforcement and is available for inspection by anyone interested therein, and said General Development Plan is by this reference adopted and incorporated herein the same as if it were fully set forth herein.
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- 088 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 NVF:AXY:DJF File No. PDC22-088
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Council Agenda: 8/29/2023
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
NVF:AXY:DJF File No. PDC22-088
7/28/2023
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T-52001 / 2046321
Council Agenda: 8/29/2023
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NVF:AXY:DJF File No. PDC22-088
7/28/2023
B-1
T-52001 / 2046321
Council Agenda: 8/29/2023
Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.