NVF:DHZ:DJF File No. C23-115
2/20/25
1 T-54000 / 2179279_3
Council Agenda: 03-04-2025
Item No.: 10.1(a)(1)
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 0.94
GROSS ACRE S SITUATED ON THE NORTHWESTER LY
CORNER OF HAYES AVENUE AND ENDICOTT
BOULEVARD (15 COTTLE ROAD) ( APN 690-02-003)
FROM THE IP INDUSTRIAL PARK ZONING DISTRICT TO
THE LI LIGHT INDUSTRIAL 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, a Statement of Exemption was prepared for a rezoning under File No. ER23- 250, and said Statement of Exemption (CEQA Categorical Exemption Section 15303(c) for New Construction or Conversion of Small Structures) was adopted; and
WHEREAS, the City Council of the City of San José is the decision- making body for the proposed subject rezoning to the LI Light Industrial Zoning District; and
WHEREAS, the Council of the City of San José has considered and approves the Statement of Exemption as the appropriate environmental clearance for the proposed project 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. C23-115) does not reduce the capacity for residential units within the City because the current IP Industrial Park Zoning District does not allow residential uses;
NVF:DHZ:DJF File No. C23-115
2/20/25
2 T-54000 / 2179279_3
Council Agenda: 03-04-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 CIC Combined Industrial/Commercial 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. The land development approval that is the subject of City File No. C23-115 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 discharge standards of the sanitary sewer system imposed by the California Regional Water Quality Control Board for the San Francisco Bay Region.
NVF:DHZ:DJF File No. C23-115
2/20/25
3 T-54000 / 2179279_3
Council Agenda: 03-04-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this ___ day of ________, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
EXHIBIT “A”
FOR REZONING PURPOSES
REAL
PROPERTY in the City of San Jose, County of Santa Clara, State of California, being all of Parcel D-1 as shown on that certain Record of Survey filed for record on February 25, 1970, in Book 264 of Maps, page 56, in the Official Records of Santa Clara County, described as follows:
BEG
INNING at the northwesterly corner of said Parcel D-1, being on the southerly line of Hayes Avenue;
Thence South 00°08'58" West, 264.68 feet;
Thence South 89°40'14" East, 89.51 feet;
Thence North 47°55'28" East, 20.30 feet;
Thence along a tangent curve to the right, having a radius of 253.00 feet, through a central angle of 24°14'11" for an arc length of 107.02 feet;
Thence along a reverse curve to the left, having a radius of 15.00 feet, through a central angle of 15°06'55" for an arc length of 3.96 feet;
Thence North 00°08'58" East, 57.48 feet;
Thence northwesterly, along a non-tangent curve to the left, having a radius of 135.00 feet, whose center bears South 74°00'22" West, through a central angle of 36°24'09" for an arc length of 85.77 feet;
Thence North 49°04'34" West, 20.03 feet;
Thence North 52°23'47" West, 91.98 feet;
Thence North 89°40'06" West, 64.23 feet, to the POINT OF BEGINNING.
Contai
ning 40,950 square feet or 0.94 acres, more or less.
As s
hown on Exhibit “B" attached hereto and made a part hereof.
END OF DE
SCRIPTION
For assessment or zoning purposes only. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
This l
egal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date:
__________________ __________________________
Tracy L. Giorgetti, LS 8720
File No.
C23-115
1-25-25
EXHIBIT "A" (File No. C23-115)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
HAYES AVENUE
SOUTHERN PACIFIC TRANSPORTATION COMPANY
BLOSSOM HILL ROAD
1570 Oakland Road (408) 487-2200
San Jose, CA 95131 HMHca.com
1 IN. = FT.
0 5025
50 1-31-25
EXHIBIT "B" (File No. C23-115)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.