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HomeMy WebLinkAbout2019-08-05 Ordinance 54741 20190807 ay 0160020 Ordinance No. 5474 Ordinance of the Council of the City of Palo Alto Amending the Zoning Map of the City of Palo Alto for 1700 Embarcadero Road to Change the Zoning from Commercial Service with Site and Design Review Overlay (CS(D)) to Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) and Amending the Zoning Map of the City of Palo Alto for 1730 Embarcadero Road to Change the Zoning from Planned Community (PC­4846) to Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. The Planning and Transportation Commission conducted a duly noticed public hearing on March 27, 2019, at which it reviewed, considered, and recommended Palo Alto Municipal Code (PAMC) Section 18.08.040 (the Zoning Map) be amended: (1) to rezone that certain real property commonly known as 1700 Embarcadero Road, more particularly described in Exhibit 1, to change the zoning from the Commercial Service with Site and Design Review Overlay (CS(D)) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district; and (2) to rezone that certain real property commonly known as 1730 Embarcadero Road, more particularly described in Exhibit 2, to change the zoning from the Planned Community (PC­4846) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district. B. The City Council held a duly noticed public hearing on June 24, 2019, and considered the subject amendment of the Zoning Map, including the recommendation by staff and the Planning and Transportation Commission and all public comments received prior to or at the hearing. SECTION 2. Amendment of Zoning Map (a) amended by changing the zoning from the Commercial Service with Site and Design Review Overlay (CS(D)) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district for all that real property situated in the City of Palo Alto, County of Santa Clara, State of California, described in Exhibit 1 (Legal Description and Map) attached hereto and incorporated herein by reference, and commonly known as 1700 Embarcadero Road. DocuSign Envelope ID: 7FF64A27-ECF1-4026-9E03-B81C439E2BC5 2 20190807 ay 0160020 eby further amended by changing the zoning from the Planned Community (PC­4846) zoning district to the Commercial Service with Site and Design Review and Automobile Dealership Combining Districts (CS(D)(AD)) zoning district for all that real property situated in the City of Palo Alto, County of Santa Clara, State of California, described in Exhibit 2 (Legal Description and Map) attached hereto and incorporated herein by reference, and commonly known as 1730 Embarcadero Road. SECTION 3. The City as the lead agency for the Project, including the zoning map amendments, has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act (CEQA) under Guideline section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration. An Initial Study/Mitigated Negative Declaration was prepared in January 2019 for the project and identified potential significant impacts with the implementation of the project. Those impacts can be reduced to a level of less than significant with the incorporation of mitigation measures. On the basis of the whole record before it, that there is no substantial evidence that the project will have significant effect on the environment and that the mitigated negative decla independent judgment and analysis. The City of Palo Alto Planning & Community Environment Department is the custodian of these documents. The Negative Declaration was made available for public review beginning March 15, 2019 through April 22, 2019. The City Council approved the Mitigated Negative Declaration on June 24, 2019. SECTION 4. This Ordinance shall be effective on the thirty­first 31st day after its passage and adoption. INTRODUCED: June 24, 2019 PASSED: August 5, 2019 AYES: CORMACK, DUBOIS, FILSETH, FINE, TANAKA NOES: KOU ABSENT: KNISS ABSTENTIONS: City Clerk Mayor Director of Planning and Community Environment DocuSign Envelope ID: 7FF64A27-ECF1-4026-9E03-B81C439E2BC5 3 20190807 ay 0160020 Exhibit 1 Legal Description and Map REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: BEING ALL OF PARCEL 3 AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORDED ON JULY 1, 1969 IN BOOK 255 OF MAPS AT PAGE 54 SANTA CLARA COUNTY RECORDS AND A PORTION OF PARCEL 1 AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED FOR RECORD ON OCTOBER 22,1967 IN BOOK 229 OF MAPS AT PAGE 24, SANTA CLARA COUNTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE of EAST BAYSHORE ROAD AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, THROUGH A C SOUTHERLY LINE OF EMBARCADERO ROAD; NORTHERLY CORNER OF THE LANDS OF THE HC INVESTMENT ASSOCIATES LP AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED ON JULY 11, 2006 AS DOCUMENT NO. 19010187, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS OF HC INVESTMENT ASSOCIATES LP AND THE AST, 341.83 TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3; EASTERLY UNE OF EAST BAYSHORE ROAD; THE POINT OF BEGINNING AS DESCRIBED IN THAT CERTIFICATE OF COMPLIANCE (LOT LINE ADJUSTMENT­ MERGER). RECORDED DECEMBER 17, 2009 AS INSTRUMENT NO. 20544106 OF OFFICIAL RECORDS. FROM: FIRST AMERICAN TITLE REPORT ORDER NO. NCS­840390­SM, DATED MARCH 7, 2017. DocuSign Envelope ID: 7FF64A27-ECF1-4026-9E03-B81C439E2BC5 4 20190807 ay 0160020 DocuSign Envelope ID: 7FF64A27-ECF1-4026-9E03-B81C439E2BC5 5 20190807 ay 0160020 Exhibit 2 Legal Description and Map REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: PARCEL 4, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED JULY 1, 1969 IN BOOK 255, PAGE 54 OF MAPS, RECORDS OF SANTA CLARA COUNTY, CALIFORNIA. PARCEL TWO: AN EXCLUSIVE EASEMENT: 20.00 FEET IN WIDTH FOR THE PURPOSE OF INGRESS AND EGRESS, AS CREATED BY THAT CERTAIN EASEMENT AGREEMENT DATED FEBRUARY 13, 1998 AND RECORDED FEBRUARY 13, 1998. INSTRUMENT NO. 14053158, UPON THE TERMS AND PROVISIONS CONTAINED THEREIN, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 1 OF THAT CERTAIN PARCEL MAP FILED APRIL 29, 1981 IN BOOK 483 OF MAPS, AT PAGE 40, OFFICIAL RECORDS OF SANTA CLARA COUNTY, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF THE AFOREMENTIONED PARCEL 1 (483 M 40), SAID MOST EASTERLY CORNER BEING A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF FABER PLACE 60 FEET IN WIDTH AS SAID RIGHT OF WAY SHOWN ON THAT CERTAIN RECORD OF SANTA CLARA COUNTY; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE ALONG THE ARC OF A 3030.00 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS, NORTH 52°38'11" EAST THROUGH A CENTRAL ANGLE OF 3°31'03" AN ARC DISTANCE OF 186.02 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY LINE. SOUTH 56°06'34" WEST, 4.74 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF 20.00 FOOT RADIUS TANGENT CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 35°21'55" AN ARC DISTANCE OF 12.34 FEET TO A POINT OF REVERSE CURVATURE, THENCE WESTERLY ALONG A 20.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 32°01'57", AND ARC DISTANCE OF 11.18 FEET; THENCE SOUTH 52°46'36" WEST, 82.58 FEET; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC ON A 20.00 FEET RADIUS, TANGENT CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90°13'34", AN ARC DISTANCE OF 31.49 FEET, THENCE SOUTH 37°26'58" EAST, 0.74 FEET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF 20.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90°09'21", AN ARC DISTANCE OF 31.47 FEET; THENCE SOUTH 52°42'23" WEST, 181.99 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF A 20.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 67°04'48" AN ARC DISTANCE OF 23.42 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY AND SOUTHWESTERLY ALONG ARC OF A 20.00 FOOT RADIUS TANGENT CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 67°05'02", AN ARC DISTANCE OF 23.42 FEET; THENCE SOUTH 52°42'10" WEST 7.16 FEET TO THE WESTERLY LINE OF SAID PARCEL 1 (483 MAPS 40) AND THE DocuSign Envelope ID: 7FF64A27-ECF1-4026-9E03-B81C439E2BC5 6 20190807 ay 0160020 SOUTHWESTERLY TERMINUS OF THE DESCRIPTION. THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE EASTERLY AND WESTERLY BOUNDARY LINE OF SAID PARCEL 1 (483 MAPS 40). 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