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Ordinance

San Jose City Council
December 10, 2024

Document
Ordinance
Meeting
December 10, 2024
Body
San Jose City Council
Original file
1.4 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

NVF:DHZ:DJF File No. C24-049
11/26/24

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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 5.1-

GROSS ACRES SITUATED ON THE NORTHERLY SIDE OF
HILLSDALE AVENUE, APPROXIMATELY 127 FEET WEST
OF REGENCY AVENUE (545 HILLSDALE AVENUE) (APN
455-10-043) FROM THE A(PD) PLANNED DEVELOPMENT

ZONING DISTRICT TO THE PQP PUBLIC/QUASI-PUBLIC

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 for the real property hereinafter described; and

WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José (“City”) 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 PQP Public/Quasi-Public Zoning District; and

WHEREAS, this City Council has considered and approved the information contained in the FEIR and related City Council Resolution No. 76041 and the SEIR and related City Council Resolution No. 77617, and Addenda thereto, and the Determination of Consistency NVF:DHZ:DJF File No. C24-049
11/7/2024

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Item No.: 10.1(a)
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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; and

WHEREAS, pursuant to Senate Bill 330, the proposed rezoning (File No. C24-049) does not reduce the capacity for residential units within the City because the current A(PD) Planned Development Zoning District does not allow residential use;

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 described in this section, referred to as "subject property," is hereby rezoned to the PQP Public/Quasi-Public 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 and incorporated 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. C24-049 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 NVF:DHZ:DJF File No. C24-049
11/7/2024

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Item No.: 10.1(a)
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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

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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