NVF:AXY:DJF File No. PDC22-099
08/21/23
1 T-52001 / 2046867_2
Council Agenda: 10/17/2023
Item No.: 10.1(b)(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 PROPERTIES OF APPROXIMATELY 17.64
GROSS ACRES SITUATED ON THE EAST SIDE OF ELM
STREET, BETWEEN WEST HEDDING STREET AND
EMORY STREET, AT THE SOUTHWEST CORNER OF
WEST HEDDING STREET AND ELM STREET, AND
NORTHERLY OF WEST HEDDING STREET,
APPROXIMATELY 300 FEET EASTERLY OF ELM STREET
(960 WEST HEDDING STREET) (APN: 261-10-095, 096, 104,
105, 106; 261-11-005; 261-12-001, 002, 074, 087; 230-41- 029, 030, 031, 032 & 043) FROM A PQP(PD) PLANNED
DEVELOPMENT ZONING DISTRICT TO A PQP(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 (IS/MND) for the Bellarmine Master Plan Update was prepared in conformance with the California Environmental Quality Act of 1970 (“CEQA”), as amended, which evaluated the impact of increasing the allowable maximum building square footage from 357,561 square feet to 485,000 square feet for an existing school campus on an approximately 17.64-gross acre site; and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the PQP(PD) Planned Development Zoning District; and
WHEREAS, this Council of the City of San José has considered, approved, and adopted said Addendum and related Mitigation Monitoring and Reporting Program under separate Council resolution prior to taking any approval actions on this project; and
NVF:AXY:DJF File No. PDC22-099
08/21/23
2 T-52001 / 2046867_2
Council Agenda: 10/17/2023
Item No.: 10.1(b)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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:
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 PQP(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the PQP Public Quasi- Public Zoning District. The Planned Development Zoning of the subject property shall be that development plan set for the subject property entitled, “Bellarmine College Preparatory Planned Development Zoning Application” last revised January 5, 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- 099 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. PDC22-099
08/21/23
3 T-52001 / 2046867_2
Council Agenda: 10/17/2023
Item No.: 10.1(b)(2)
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
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
August 1, 2022
Project No. A21080-2
EXHIBIT “A”
LEGAL DESCRIPTION
FOR PLANNING PURPOSES
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLA
RA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THE LAND DESCRIBED IN THAT CERTAIN GRANT DEED FILED FOR RECORD ON JULY 25,
2022 AS DOCUMENT NO. 25340113, OF OFFICIAL RECORDS OF SANTA CLARA COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LAND DESCRIBED IN SAID GRANT DEED, THENCE ALONG THE EXTERIOIR OF SAID LAND THE FOLLOWING NINE (9) COURSES AND DISTANCES:
1. SOUTH 41° 06' 00" EAST, 220.14 FEET;
2. SOUTH 48° 53'35" WEST, 119.72 FEET;
3. SOUTH 41° 06'00" EAST, 50.06 FEET;
4. SOUTH 48° 53' 40" WEST, 167.59 FEET;
5. NORTH 41° 07' 24" WEST, 200.07 FEET;
6. SOUTH 48° 52' 00" WEST, 112.08 FEET;
7. ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 44° 25' 27", FOR AN ARC DISTANCE OF 15.51 FEET;
8. NORTH 41° 08' 00"WEST, 75.72 FEET;
9. NORTH 48° 52' 00" EAST, 413.51 FEET, TO THE POINT OF BEGINNING.
CONTAINING 80,483 SQUARE FEET, OR 1.85 ACRES, MORE OR LESS.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
___
_______________________ 08/01/2022
RYAN M. AMAYA P.L.S. 8134
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Parcel Name: BELLARMINE PARCELS - BNDRY : 4
Description: PARCEL FOR GARAGE PLANNING
North:-1,411.3634' East:11,241.2894'
Segment# 1: Line
Course: S41°06'00"E Length: 140.14'
North: -1,516.9677' East: 11,333.4140'
Segment# 2: Line
Course: S41°06'00"E Length: 10.00'
North: -1,524.5034' East: 11,339.9877'
Segment# 3: Line
Course: S48°53'35"W Length: 119.72'
North: -1,603.2153' East: 11,249.7807'
Segment# 4: Line
Course: S41°06'00"E Length: 50.06'
North: -1,640.9387' East: 11,282.6889'
Segment# 5: Line
Course: S48°53'40"W Length: 167.59'
North: -1,751.1204' East: 11,156.4099'
Segment# 6: Line
Course: N41°07'24"W Length: 200.08'
North: -1,600.4010' East: 11,024.8208'
Segment# 7: Line
Course: S48°52'00"W Length: 112.08'
North: -1,674.1288' East: 10,940.4043'
Segment# 8: Curve
Length: 15.51' Radius: 20.00'
Delta: 44°25'27" Tangent: 8.17'
Chord: 15.12' Course: S26°39'16"W
Course In: S41°08'00"E Course Out: N85°33'27"W
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RP North: -1,689.1924' East: 10,953.5606'
End North: -1,687.6432' East: 10,933.6207'
Segment# 9: Line
Course: N41°08'00"W Length: 75.71'
North: -1,630.6199' East: 10,883.8176'
Segment# 10: Line
Course: N48°52'00"E Length: 413.51'
North: -1,358.6074' East: 11,195.2654'
Segment# 11: Line
Course: S41°06'00"E Length: 70.00'
North: -1,411.3569' East: 11,241.2817'
Perimeter: 1,374.39' Area: 80,482.78Sq.Ft.
Error Closure: 0.0101 Course: N49°52'45"W
Error North : 0.00651 East: -0.00772
Precision 1: 136,079.21
EXHIBIT "A" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 08-01-2022
EXHIBIT "B" (File Nos: PDC22-099 & PD22-030)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.