RD:VMT:JMD File No. C /03/2015 ORDINANCE NO.

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1 ORDNANCE NO. DRAFT AN ORDNANCE OF THE CTY OF SAN JOSE REZONNG CERTAN REAL PROPERTY OF APPROXMATELY 0.75 ACRE AT 2090 MOUNT PLEASANT ROAD FROM THE R- 1-5 SNGLE-FAMLY RESDENCE ZONNG DSTRCT TO THE R-1-8 SNGLE-FAMLY RESDENCE ZONNG DSTRCT WHEREAS, all rezoning proceedings required under the provisions of Chapter 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 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 mpact Report for the Envision San José 2040 General Plan (the FER ), for which findings were adopted by City Council through its Resolution No 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 FER; and WHEREAS, an Addendum to the FER for the Envision San José 2040 General Plan certified by the City Council on November 1, 2011 by Resolution No 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. C 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 1 T doc tem No.: 11.1a

2 WHEREAS, an Addendum to the FER for the Envision San José 2040 General Plan certified by the City Council on November 1, 2011 by Resolution No 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. C 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 FER and related City Council Resolution No as the appropriate environmental clearance for this proposed project prior to taking any approval actions on this project. NOW, THEREFORE, BE T ORDANED BY THE COUNCL OF THE CTY OF SAN JOSE: SECTON 1. The recitals above are incorporated herein. SECTON 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. 2 T doc tem No.: 11.1a

3 SECTON 3. The district map of the City is hereby amended accordingly. SECTON 4. The land development approval that is the subject of City File No. C is subject to the operation of Part 2.75 of Chapter 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 PUBLCATON of title this day of, 2015 by the following vote: AYES: NOES: ABSENT: DSQUALFED: ATTEST: SAM LCCARDO Mayor TON J. TABER, CMC City Clerk 3 T doc tem No.: 11.1a

4 EXHBT "A" (File No. C15-036) August 13, 2015 HMH Page 1 of 1 EXHBT"A" FOR REZONNG OF PROPERTY FROM R1-5 TO R1-8 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 of Official Records, Santa Clara County Records, described as follows: BEGNNNG 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" G" West, feet; Thence along the northwesterly, northeasterly and southeasterly lines of said parcel of land, the following four courses: 1. North 40 30' 50" East, feet; 2. South 49 29' 10" East, feet; 3. South 14 10' 50" West, feet; 4. South 64 32' 50" West, feet, to the PONT OF BEGNNNG. Containing acres, more or less LD01.docx 1570 Oakland Road San Jose, California (408) (408) Fax

5 L P c ~ b lo b t'l ~ ~~ z "10lE 99.56" MT PLEASANT ROAD N49 29"10"W EXHBT "A" (File No. C15-036) o ~ ; 1 N. = 50 FT. ~ Ul ~ ~ ~ lj. 7- O.~P tf>~ ~ ~ ~ ~ ~ ~ " _.L!1~ ~!:J :t~$.~~~ ~ c$' ' ) LEGEND RUBY AVENUE ~~ PCB PONT OF BEGNNNG Date: Desl eel: 5J Drawn: 5J Checked: TG Pro.: 1570 Oakland Road (408) PL01 San Jose, CA HMHca.com SHEET 1 OF 1 PLAT TO ACCOMPANY DESCRP1l0N: FOR REZONNG OF PROPERTY FROM R1-5 TO R1-8 SAN JOSE CAUFORNA