SAW:DHZ:KMF File No. C25-038
11/20/2025
1 T-54000/2254644_2
Council Agenda: 12-02-2025
Item No.: 10.1(a)
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 1.88
GROSS ACRE S, SITUATED SOUTH OF THE EASTERN
TERMINUS OF BERN COURT (908 BERN COURT ) (APN:
241-15-009) FROM THE LI(PD) PLANNED DEVELOPMENT
ZONING DISTRICT TO THE CIC COMBINED
INDUSTRIAL/COMMERCIAL 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, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that the conforming 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 e ffects 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 CIC Combined Industrial/Commercial Zoning District; and
WHEREAS, the City Council of the City of San José has considered and approves 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 SAW:DHZ:KMF File No. C25-038
11/20/2025
2 T-54000/2254644_2
Council Agenda: 12-02-2025
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
determination of consistency therewith prior to acting upon or approving the subject rezoning in accordance with CEQA; and
WHEREAS, the conforming rezoning is consistent with the designation of the site in the applicable General Plan;
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. C25-038 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.
SAW:DHZ:KMF File No. C25-038
11/20/2025
3 T-54000/2254644_2
Council Agenda: 12-02-2025
Item No.: 10.1(a)
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
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.
Lot Closure Report ‐ Lot : PARCEL 2
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file‐ C:\Users\emily\OneDrive ‐ Transit Land
Surveying\TRANSIT\PROJECTS\2025\25041\DWG\25041 EXHIBIT B PLAT SITE EXHIBIT.msj\lc_PARCEL 2.txt
Tuesday, September 23, 2025, 4:44:42p.m.
Starting location (North, East) = ( 9057.68, 13541.42 ) (In the table below, the Length of Curves refers to the chord length. and the Bearing of Curves refers to the chord bearing.) Leg Segment Bearing Length Front End_Northing End_Easting ‐‐‐ ‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐ ‐‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐‐‐ 1 Line N82°59'33"E 143.00 No 9075.13
13683.35
2 Line S63°35'01"E
272.67 No 8953.82
13927.55
3 Line N66°22'22"E 103.90 No 8995.46
14022.74
4 Line S23°37'38"E 31.00 No 8967.06
14035.16
5 Line S66°22'22"W 492.64 No 8769.62
13583.82
6 Line N23°37'38"W 17.40 No 8785.56
13576.84
7 Line N16°05'37"W 96.99 No 8878.75
13549.96
8 Line S73°54'36"W 18.00 No 8873.76
13532.66
9 Line N16°05'24"W 159.14 No 9026.66
13488.56
10 Curve N59°35'07"E 61.29 No 9057.69 13541.41
ARC= 65.97, RAD= 50.00, DELTA= 75°35'46"
BC_TO_RAD= S68°12'46"E
RAD_TO_EC= N7°23'00"E
ADD_ARC_AREA = 438.54
Ending location (North, East) = ( 9057.69, 13541.41 )
Total Distance : 1400.71
Total Traverse Stations : 11
Misclosure Direction : S21°17'19"E (from ending location to starting location) Misclosure Distance : 0.01
Error of Closure : 1:126786.0
Frontage : 0.00
Frontage/Perimeter : 0.0 percent
AREA : 82805.175 sq. ft.
= 1.900945 Acres
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.