NVF:AXY:DJF File Nos. C23-093 & ER23-084
8/10/2023
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Council Agenda: 9/26/2023
Item No.: 10.1(a)
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 0.44
GROSS ACRES, SITUATED ON THE EAST SIDE OF
NORTH 7TH STREET, APPROXIMATELY 200 FEET
NORTHWESTERLY FROM THE INTERSECTION OF
NORTH 7TH STREET AND EAST EMPIRE STREET (520
NORTH 7TH STREET) (APNS: 249-36-011, 012, & 013)
FROM THE LI LIGHT INDUSTRIAL ZONING DISTRICT TO
THE MUN MIXED-USE NEIGHBORHOOD 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, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the proposed rezoning is pursuant to, in furtherance of and within the scope of the previously approved program evaluated in the Final Program Environmental Impact Report for the Envision San José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011, and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and Addenda thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the MUN Mixed-Use Neighborhood Zoning District; and
WHEREAS, the Council of the City of San José has considered and approves the information contained in the FEIR and related City Council Resolution No. 76041, and the NVF:AXY:DJF File Nos. C23-093 & ER23-084
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Council Agenda: 9/26/2023
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SEIR and related City Council Resolution No. 77617 and addenda thereto, and the determination of consistency therewith prior to acting upon or approving the subject rezoning in accordance with CEQA; and
WHEREAS, the proposed rezoning is consistent with the designation of the site in the applicable General Plan; and
WHEREAS, pursuant to Senate Bill 330, the proposed rezoning (File No. C23-093) does not reduce the intensity of residential uses because the proposed rezoning allows for greater residential density than the existing LI Light Industrial Zoning District; the LI Light Industrial Zoning District does not allow residential uses, and the MUN Mixed-Use Neighborhood Zoning District allows up to 30 dwelling units per acre;
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 Mixed-Use Neighborhood Zoning District.
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. C23-093 is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San José Municipal NVF:AXY:DJF File Nos. C23-093 & ER23-084
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Council Agenda: 9/26/2023
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
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" (File Nos. C23-093 & ER23-084)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DOC #24886176 Page 2 of 3
Grant Deed - continued
Date: 03/18/2021
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY UNE OF SEVENTH STREET 275 FEET
NORTHERLY FROM THE INTERSECTION OF THE NORTHERLY UNE OF EMPIRE STREET WITH
THE EASTERLY LINE OF SAID SEVENTH STREET AND RUNNING THENCE SOUTHERLY ALONG SAID UNE OF SEVENTH STREET, SIXTEEN AND TWO-THIRDS (16 2/3) VARAS; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH EMPIRE STREET, FIFTY (50) VARAS;
THENCE AT RIGHT ANGLES NORTHERLY AND PARALLEL WITH SEVENTH STREET SIXTEEN AND TWO-THIRDS (16 2/3) VARAS AND THENCE AT RIGHT ANGLES WESTERLY FIFTY {SO} VARAS TO THE PLACE OF BEGINNING.
PARCEL THREE: (APN: 249-36-011)
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SEVENTH STREET, DISTANT THEREON NORTHWESTERLY 137.84 FEET FROM THE POINT OF INTERSECTION OF SAID
UNE OF SEVENTH STREET WITH THE NORTHWESTERLY UNE OF EMPIRE STREET SAID POINT OF BEGINNING ALSO BEING THE MOST SOUTHERLY CORNER OF LOT 134 IN BLOCK 12 OF THE WHITE'S ADDmON TO THE CITY OF SAN JOSE; THENCE ALONG SAID UNE OF SEVENTH STREET, NORTHWESTERLY 45.49 FEET TO THE MOST SOUTHERLY CORNER OF
THAT CERTAIN PARCEL OF LAND CONVEYED BY FRANK LOCICERO, A WIDOWER, TO SEBASTIAN NOLA, ET UX, BY DEED DATED SEPTEMBER 16, 1954 AND RECORDED NOVEMBER 8, 1955 IN BOOK 3327 OF OFFICIAL RECORDS, PAGE 314; THENCE LEAVING SAID LINE OF
SEVENTH STREET AND RUNNING AT RIGHT ANGLES THERETO AND ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL OF LAND SO CONVEYED TO NOLA, NORTHEASTERLY 137,50 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE AT RIGHT ANGLES AND
ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY ROSE CATANIA TO FRANK P. CATANIA, ET UX, BY DEED DATED AUGUST 30, 1950 AND RECORDED NOVEMBER 2, 1950 IN BOOK 2088 OF OFFICIAL RECORDS, PAGE 464, SOUTHEASTERLY 45,49 FEET TO THE MOST SOUTHERLY CORNER THEREOF ON THE LINE DMDING LOTS 133 AND 134 IN SAID BLOCK 12; THENCE ALONG SAID DIVIDING LINE, SOUTHWESTERLY 137.50 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 134, IN BLOCK 12 OF THE WHITE'S ADDITION TO THE CITY OF SAN JOSE,
EXHIBIT "A" (File Nos. C23-093 & ER23-084)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos. C23-093 & ER23-084)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos. C23-093 & ER23-084)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.