HomeMy WebLinkAbout2019-08-05 Ordinance 54741
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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.
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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
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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.
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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
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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).
DocuSign Envelope ID: 7FF64A27-ECF1-4026-9E03-B81C439E2BC5
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