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Council Agenda: 9/30/2025
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE DENYING AN APPLICATION FOR AN AMENDMENT
TO THE ENVISION SAN JOSE 2040 GENERAL PLAN
PURSUANT TO TITLE 18 OF THE SAN JOSE MUNICIPAL
CODE TO MODIFY THE LAND USE/ TRANSPORTATION
DIAGRAM FROM NEIGHBORHOOD/ COMMUNITY
COMMERCIAL TO MIXED USE NEIGHBORHOOD ON A
0.99-GROSS-ACRE SITE AT THE NORTHEASTERLY
CORNER OF EMORY ST AND THE ALAMEDA (APN: 261-
12-084)
FILE NO. GP25-002
WHEREAS, the City Council is authorized by Title 18 of the San José Municipal Code and state law to adopt and, from time to time, amend the General Plan governing the physical development of the City of San José; and
WHEREAS, on November 1, 2011, the City Council adopted a general plan entitled, “Envision San José 2040 General Plan, San José, California” by Resolution No. 76042, which General Plan has been amended from time to time (the “General Plan”); and
WHEREAS, Policy IP-3.11 of the General Plan provides for an applicant of a privately- initiated General Plan Amendment to request the early consideration of their project for denial or continued processing (“Early Consideration”) by the Planning Commission and City Council before the full review of the General Plan Amendment; and
WHEREAS, on May 2, 2025, the applicant who submitted the proposed amendment to the General Plan, File No. GP 25-002 (“General Plan Amendment”), attached as Exhibit “A,” requested Early Consideration; and
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Council Agenda: 9/30/2025
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, City of San José (“City”) staff recommend denial of the General Plan Amendment because the proposal involves the conversion of employment land to non - employment uses and is fundamentally inconsistent with the Major Strategies, goals, and policies of the General Plan, as described in the Memorandum dated August 27, 2025, from the Director of Planning, Building and Code Enforcement, attached as Exhibit “B”; and
WHEREAS, the General Plan Amendment w as taken to the Planning Commission and City Council for Early Consideration pursuant to General Plan Policy IP-3.11; and
WHEREAS, on August 27, 2025, the Planning Commission held a duly noticed public hearing to consider the General Plan Amendment, where interested persons were given the opportunity to appea r and present their views with resp ect to the proposed amendment, and whereby, at the conclusion of the public hearing, the Planning Commission transmitted its recommendations to the City Council; and
WHEREAS, on September 30, 2025, the City Council held a duly noticed public hearing where interested persons were given the opportunity to appear and present their views with respect to the proposed amendment, and the City Council reviewed and considered the California Environmental Quality Act Statutory Exemption Section 15270 for Projects Which are Disapproved; and
WHEREAS, a copy of the proposed General Plan Amendment is on file and available for inspection in the office of the Director of Planning, Building and Code Enforcement, with copies submitted to the City Council for its consideration;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS:
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SECTION 1. The foregoing recitals are incorporated by reference into this Resolution.
SECTION 2 . The City Council has reviewed and considered the entirety of the administrative record regarding the General Plan Amendment, File No. GP25-002, attached and incorporated as Exhibit “A,” including the Memorandum dated August 27, 2025, from the Director of Planning, Building and Code Enforcement, attached and incorporated as Exhibit “B ,” oral and written comments received by the City , and City Council deliberations, and hereby denies the General Plan Amendment, File No. GP25-002.
ADOPTED this _____ day of _____________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
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Council Agenda: 9/30/2025
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
I hereby certify that the amendments to the San José General Plan specified in the attached Exhibit “A” were denied by the City Council of the City of San José on _______________, as stated in its Resolution No. ________.
Dated: ________________ ___________________________ TONI J. TABER, MMC
City Clerk
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT A: GENERAL PLAN AMENDMENT APPLICATION
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT B: GENERAL PLAN AMENDMENT STAFF REPORT
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Council Agenda: 9/30/2025
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Council Agenda: 9/30/2025
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Council Agenda: 9/30/2025
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.