NVF:AXY:JMD File No. PDC22-132
11/8/2024
1 T-53001\2160637
Council Agenda: 11-19-2024
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 21
GROSS ACRE S SITUATED ON THE NORTH SIDE OF
SAMARITAN DRIVE AND THE WEST SIDE OF SAMARITAN
PLACE, APPROXIMATELY 275 FEET EAST OF
KINGHURST DRIVE (APNs 421-36-009 AND 421 -36-011),
FROM THE A(PD) PLANNED DEVELOPMENT ZONING
DISTRICT TO THE CG(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, the approximately 21-gross-acre site encompassed by the proposed rezoning was the subject of that certain Final Environmental Impact Report (“FEIR”) for the Good Samaritan Hospital Project (File No. ER23-041) in conformance with the California Environmental Quality Act of 1970 (“CEQA”), as amended, which evaluated the impact of the phased demolition of a portion of the hospital and the child care center, for the construction of two new hospital wings with a total floor area of approximately 750,000 square feet , an approximately 20 0,000-square-foot medical office buildin g, and an approximately 24,000 square foot central utility plant, on an approximately 21-gross-acre site, which FEIR was certified and for which findings were adopted by the City Council on _________, 2024 ; and
WHEREAS, the City Council of the City of San José is the decision -making body for the proposed subject rezoning to the CG(PD) Planned Development Zoning District; and
NVF:AXY:JMD File No. PDC22-132
11/8/2024
2 T-53001\2160637
Council Agenda: 11-19-2024
Item No.: 10.2 (b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, this Council of the City of San José has considered and approves the information contained in the EIR and related City Council Resolution No. ___ and the determination of consistency therewith prior to acting upon or approving the subject rezoning; and
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 CG(PD) Planned Development Zoning District. The base district zoning of the subject property shall be the CG Commercial General Zoning District. The Planned Development Zoning of the subject property shall be that development plan set for the subject property entitled, “ Good Samaritan Hospital Planned Development Zoning PDC 22-132” dated September 13, 2024 (“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- 132 is subject to the operation of Part 2.75 of Chapter 15.12 of Title 15 of the San José NVF:AXY:JMD File No. PDC22-132
11/8/2024
3 T-53001\2160637
Council Agenda: 11-19-2024
Item No.: 10.2 (b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
PASSED FOR PUBLICATION of title this ___ day of ______, 2024 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
ALL T
HAT CERTAIN REAL PROPERTY IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL "C" AS SHOWN UPON THAT RECORD OF SURVEY FILED FOR RECORD MAY 7, 1963 IN THE BOOK 160 OF MAPS AT PAGE 52, SANTA CLARA COUNTY RECORDS, ALSO BEING A PORTION OF SECTION 11, TOWNSHIP 8 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNI
NG AT THE MOST SOUTHERLY CORNER OF PARCEL 1 OF DEED OF TRUST, INSTRUMENT NO. 19308858, RECORDED 28 FEBRUARY 2007 WITH THE COUNTY
RECORDER OF SAID COUNTY, SAID POINT BEING ON THE CENTERLINE OF SAMARITAN DRIVE;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00°12’05” WEST 844.62 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE WEST VALLEY FREEWAY; THENCE
ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 80° 10’18” EAST 61.08 FEET;
THENCE CO
NTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 78°19’17” EAST 1318.50 FEET;
THENC
E DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 11°40’43” WEST 4.92 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 40.00 FEET, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°20’48” EAST;
THENCE A
LONG THE ARC OF SAID CURVE 72.35 FEET, THROUGH A CENTRAL ANGLE OF 103°38’03” TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 40.00 FEET, CONCAVE WESTERLY;
THENCE A
LONG THE ARC OF SAID CURVE 24.94 FEET, THROUGH A CENTRAL ANGLE OF 35°43’47” TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 590.00 FEET, CONCAVE WESTERLY;
THENCE A
LONG THE ARC OF SAID CURVE 23.12 FEET, THROUGH A CENTRAL ANGLE OF 2°14’44”;
THENC
E SOUTH 76°00’17” EAST 10.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE HAVING A RADIUS OF 600.00 FEET, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 76°00’17” WEST;
THENCE A
LONG THE ARC OF SAID CURVE 793.8 0 FEET, THROUGH A CENTRAL ANGLE OF 75°48’10”;
THENC
E SOUTH 89°47’55” WEST 745.16 FEET TO THE POINT OF BEGINNING.
EXHIBIT "A" (File No. PDC22-132)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ALL AS SH
OWN ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJ
ECT TO ALL MATTERS OF RECORD, IF ANY.
PRE
PARED BY ME OR UNDER MY DIRECTION.
ON OCTOBER 14, 2022.
PETER
E. WEILBACHER DATE
P.L.S. 8403
EXHIBIT "A" (File No. PDC22-132)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File No. PDC22-132)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "B" (File No. PDC22-132)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.