NVF:DHZ:KMF
02/05/2025
1 T-46822.002/2180636
Council Agenda: 02-25-2025
Item No.: 8.1(c)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOSE
ESTABLISHING A PEDESTRIAN MALL ON POST STREET
BETWEEN SOUTH FIRST STREET AND LIGHTSTON
ALLEY
WHEREAS, on November 5, 2024, in accordance with the Pedestrian Mall Law of 1960, the City Council adopted a resolution (Resolution No. RES2024 -386), declaring its intention to establish a pedestrian mall on a one-block portion of Post Street and setting February 25, 2025, as the date to hear protests and objections to the establi shment of the proposed pedestrian mall and to review any claims of damages from those having any legal or equitable interest in any real property which might suffer legal damage by reason of establishment of the proposed pedestrian mall; and
WHEREAS, following a duly noticed public hearing on the resolution of intention on February 25, 2025 , the City Council adopted a resolution (Resolution No. ______) to determine that a pedestrian mall on a one- block portion of Post Street shall be established; and
WHEREAS, the pedestrian mall will centralize a 20-foot pedestrian right-of-way down the middle of Post Street between South First Street and Lightston Alley in the City of San José; and
WHEREAS, overhead festoon/decorative lighting, a street mural, and additional temporary planter boxes may be installed down the street in the future to enhance the pedestrian experience; and once funding is secured, retractable or removable bollards will be installed to increase pedestrian safety; and
WHEREAS, the conversion of Post Street to a pedestrian mall, including any temporary improvements and the installation of bollards, is exempt from the California Environmental NVF:DHZ:KMF
02/05/2025
2 T-46822.002/2180636
Council Agenda: 02-25-2025
Item No.: 8.1(c)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Quality Act under Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the state CEQA Guidelines, and no further environmental review is warranted under Title 21 of the San José Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The foregoing recitals are hereby incorporated by reference.
SECTION 2. The City Council hereby declares and determines that a pedestrian mall is established on the one-block portion of Post Street, as described in this Ordinance, and such pedestrian mall is the same as that described in the resolution of intention adopted on November 5, 2024.
SECTION 3. Vehicular traffic is prohibited on the pedestrian mall except for emergency and utility maintenance vehicles, which shall be allowed acc ess at all times. In addition, private maintenance vehicles and other vehicles for large equipment drop- offs may be allowed by appointment or in conjunction with a special event permit.
SECTION 4. S ervice and delivery vehicles will be able to access the pedestrian mall between the hours of 5 a.m. and 10 a.m. daily.
SECTION 5. The City shall retain its police powers and other rights and powers relating to the city streets constituting a part of the pedestrian mall. No action taken pursuant to this Ordinance shall be interpreted or construed to be a vacation or abandonment, in whole or in part, of any city street or any right therein, it being intended that the establishment of a pedestrian mall pursuant to this Ordinance be a matter of regulation only. Nothing in this Ordinance shall be interpreted or construed to prevent the City at any time subsequent to the adoption of this Ordinance from abandoning the operation of the NVF:DHZ:KMF
02/05/2025
3 T-46822.002/2180636
Council Agenda: 02-25-2025
Item No.: 8.1(c)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
pedestrian mall, from changing the extent of the pedestrian mall, or from changing or repealing any of the rules and regulations pertaining to the pedestrian mall.
PASSED FOR PUBLICATION this ____ day of _________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
____________________________
MATT MAHAN
Mayor
ATTEST:
____________________________
TONI J. TABER, MMC
City Clerk