File No. PDC23-008
NVF:AXY:KMF
04/07/2025
1 T-54000/2195937_2
Council Agenda: 5-20-2025
Item No.: 10.1(a)(2)
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 JOS E REZONING
CERTAIN REAL PROPERTY OF APPROXIMATELY 2.71
GROSS ACRE S SITUATED ON THE NORTH SIDE OF
SIERRA ROAD APPROXIMATELY 190 FEET
NORTHEASTERLY OF PIEDMONT ROAD AND WITH
APPROXIMATELY 35 FEET OF FRONTAGE ON PIEDMONT
ROAD (3315 SIERRA ROAD) (APN: 595-10-067) FROM THE
A AGRICULTURE ZONING DISTRICT TO AN R -1-8(PD)
PLANNED DEVELOPMENT ZONING DISTRICT
FILE NO. PDC23-008
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 Mitigated Negative Declaration was prepared in conformance with the California Environmental Quality Act of 1970 (“CEQA”), as amended, for the subject rezoning to R-1-8(PD) Planned Development Zoning District under File No. ER23-079 (the “MND”); and
WHEREAS, the City Council of the City of San José is the decision-making body for the proposed subject rezoning to the R-1-8(PD) Planned Development Zoning District; and
WHEREAS, this Council of the City of San José has considered, approved, and adopted said MND and related Mitigation Monitoring and Reporting Program under separate Council resolution prior to taking any approval actions on this project; and
WHEREAS, the proposed rezoning is consistent with the designation of the site in the applicable General Plan;
File No. PDC23-008
NVF:AXY:KMF
04/07/2025
2 T-54000/2195937_2
Council Agenda: 5-20-2025
Item No.: 10.1(a)(2)
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 R-1-8(PD) Zoning District. The base zoning district of the subject property shall be the R-1-8 Single Family Residence Zoning District. The Planned Development Zoning of the subject property shall be that development plan for the subject property entitled, “Planned Development Zoning 3315 Sierra Road” last revised on November 27, 2024 (“General Development Plan”).
Said General Development Plan is on file in the office of the Director of Planning, Building, and Code Enforcement and is available for inspection by anyone interested therein, and said General Development Plan is by this reference adopted and incorporated herein the same as if it were fully set forth herein.
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 PDC23-008 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 File No. PDC23-008
NVF:AXY:KMF
04/07/2025
3 T-54000/2195937_2
Council Agenda: 5-20-2025
Item No.: 10.1(a)(2)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 ______, 2025 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
1 OF 2
MARCH 25, 2025 JOB NO. 21-162
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JOSE,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING ALL OF PARCEL 2 AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD SEPTEMBER 11, 1984 IN BOOK 533 OF MAPS, PAGE 43 OF SAID SANTA CLARA COUNTY. AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING FROM THE NORTHWESTERLY CORNER OF SAID PARCEL 2 SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD MAY 17, 1955 IN BOOK 57 OF MAPS, PAGES 26-27;
THENCE HEADING EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 2, NORTH 59° 46’ 55” EAST, A DISTANCE OF 145.34 FEET; THENCE, NORTH 44° 50' 44" EAST FOR A DISTANCE OF 57.97 FEET; THENCE, NORTH 60° 40' 14" EAST FOR A DISTANCE OF 186.00 FEET; THENCE, SOUTH 84° 29' 41" EAST FOR A DISTANCE OF 58.40 FEET; THENCE, NORTH 59° 46' 10" EAST FOR A DISTANCE OF 169.00 FEET; THENCE, SOUTH 29° 13' 00" EAST FOR A DISTANCE OF 222.94 FEET; THENCE, SOUTH 59° 46' 55" WEST FOR A DISTANCE OF 383.46 FEET TO A
BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET;
THENCE SOUTHERLY ALONG LAST MENTIONED CURVE FROM WHICH A RADIUS POINT BEARS SOUTH 30° 13’ 05” EAST THROUGH A CENTRAL ANGLE OF 17° 04’ 57” AN ARC DISTANCE OF 50.69’ TO THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET;
THENCE SOUTHERLY ALONG LAST MENTIONED CURVE THROUGH A
CENTRAL ANGLE OF 17° 04’ 57” AN ARC DISTANCE OF 50.69’; THENCE, NORTH 21° 56' 00" WEST FOR A DISTANCE OF 200.00 FEET; DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 2 OF 2
THENCE, SOUTH 59° 46' 55" WEST FOR A DISTANCE OF 150.00 FEET; THENCE, NORTH 21° 56’ 00” WEST, A DISTANCE OF 32.34 FEET TO THE POINT OF BEGINNING.
CONTAINING 118,067 SQUARE FEET (2.710 ACRES) OF LAND, MORE
OR LESS
BASIS OF BEARINGS: THE BEARING NORTH 21°56'00" WEST AS FOUND
MONUMENTED ON PIEDMONT ROAD, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORDED IN BOOK 533 OF MAPS AT PAGE 43, SANTA
CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS SHOWN.
A PLAT ENTITLED “EXHIBIT B” IS ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION AND THE ACCOMPANYING PLAT WERE PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
___________________________ ________________
JOHN GAYLORD DATE
L.S. 9931
CIVIL ENGINEERING ASSOCIATES, INC.
3/25/2025
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REFERENCES
BASIS OF BEARINGS
LEGEND
SURVEYOR'S STATEMENT
Civil
Engineering
Associates
• •
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
SEE SHEET 2
3/25/2025
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
LEGEND
Civil
Engineering
Associates
• •
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
SEE SHEET 1
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.