RD:VMT:JMD File No. C15-036 11/03/2015

1 T-25388.002 / 1261028.doc Council Agenda: 11-17-2015 Item No.: 11.1a DRAFT – Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final document.

DRAFT ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF SAN JOSE REZONING CERTAIN REAL PROPERTY OF APPROXIMATELY 0.75 ACRE AT 2090 MOUNT PLEASANT ROAD FROM THE R-1-5 SINGLE-FAMILY RESIDENCE ZONING DISTRICT TO THE R-1-8 SINGLE-FAMILY RESIDENCE 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 of the CEQA Guidelines, the City of San José

has determined that the proposed 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, as addended for the evaluation of greenhouse gas

emissions, noise, and traffic impacts, and does not involve new significant effects

beyond those analyzed in the FEIR; and

WHEREAS, an Addendum to the FEIR for the Envision San José 2040 General Plan

certified by the City Council on November 1, 2011 by Resolution No. 76041 on

November 1, 2011, all in conformance with the California Environmental Quality

Program (“CEQA”), was prepared and approved by the Planning Director under File No.

C15-043 to evaluate greenhouse gas emissions, noise, and traffic impacts associated

with the subject rezoning, and said Addendum concluded that such impacts were less

than significant; and

RD:VMT:JMD File No. C15-036 11/03/2015

2 T-25388.002 / 1261028.doc Council Agenda: 11-17-2015 Item No.: 11.1a DRAFT – Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final document.

WHEREAS, an Addendum to the FEIR for the Envision San José 2040 General Plan

certified by the City Council on November 1, 2011 by Resolution No. 76041 on

November 1, 2011, all in conformance with the California Environmental Quality

Program (“CEQA”), was prepared and approved by the Planning Director under File No.

C15-036 to evaluate greenhouse gas emissions, noise, and traffic impacts associated

with the subject rezoning, and said Addendum concluded that such impacts were less

than significant; 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 Single-Family Residence Zoning District; and

WHEREAS, this Council of the City of San José has considered and approves the

application and said use of the Addendum together with the FEIR and related City

Council Resolution No. 76041 as the appropriate environmental clearance for this

proposed project prior to taking any approval actions on this project.

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 as R-1-8 Single-Family Residence

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” attached hereto and

incorporated herein by this reference.

RD:VMT:JMD File No. C15-036 11/03/2015

3 T-25388.002 / 1261028.doc Council Agenda: 11-17-2015 Item No.: 11.1a DRAFT – Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final document.

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. C15-036

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.

PASSED FOR PUBLICATION of title this ___ day of ________, 2015 by the following

vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO Mayor

ATTEST: TONI J. TABER, CMC City Clerk

EXHIBIT "A" (File No. C15-036)

EXHIBIT"A" FOR REZONING OF PROPERTY FROM R1-5 TO R1-8

August 13, 2015 HMH 4642.00.130

Page 1 of 1

REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being all of that parcel of land described in the deed recorded December 15, 2000, in Document No. 15496882 of Official Records, Santa Clara County Records, described as follows:

BEGINNING at the southerly corner of said parcel of land, being on the northeasterly line of Mount Pleasant Road;

Thence along said northeasterly line, North 49° 29' 1 Q" West, 150.00 feet;

Thence along the northwesterly, northeasterly and southeasterly lines of said parcel of land, the following four courses:

1. North 40° 30' 50" East, 273.79 feet; 2. South 49° 29' 10" East, 99.56 feet; 3. South 14° 10' 50" West, 204.60 feet; 4. South 64° 32' 50" West, 99.00 feet, to the POINT OF BEGINNING.

Containing 0.963 acres, more or less.

464200LD01.docx

1570 Oakland Road I San Jose, California 95131 I (408) 487-2200 I (408) 487-2222 Fax I www.HMHca.com

EXHIBIT"A" FOR REZONING OF PROPERTY FROM R1-5 TO R1-8

August 13, 2015 HMH 4642.00.130

Page 1 of 1

REAL PROPERTY in the City of San Jose, County of Santa Clara, State of California, being all of that parcel of land described in the deed recorded December 15, 2000, in Document No. 15496882 of Official Records, Santa Clara County Records, described as follows:

BEGINNING at the southerly corner of said parcel of land, being on the northeasterly line of Mount Pleasant Road;

Thence along said northeasterly line, North 49° 29' 1 G" West, 150.00 feet;

Thence along the northwesterly, northeasterly and southeasterly lines of said parcel of land, the following four courses:

1. North 40° 30' 50" East, 273.79 feet; 2. South 49° 29' 10" East, 99.56 feet; 3. South 14° 10' 50" West, 204.60 feet; 4. South 64° 32' 50" West, 99.00 feet, to the POINT OF BEGINNING.

Containing 0.963 acres, more or less.

464200LD01.docx

1570 Oakland Road I San Jose, California 95131 I (408) 487-2200 I (408) 487-2222 Fax I www.HMHca.com

EXHIBIT "A" (File No. C15-036)

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Date: 2015 08 13 Desl eel: 5J Drawn: 5J Checked: TG Pro .: 1570 Oakland Road (408) 487-2200

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