HomeMy WebLinkAbout2001-04-23 Ordinance 4691If... .f"
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ORDINANCE NO. 4691
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR UNIVERSITY AND THE CITY OF
PALO ALTO DATED AUGUST 14, 1997
The Council of the City of Palo Al to does ORDAIN as
SECTION 1.
A. By Ordinance 4433,the City Council approved a
Development Agreement between the City and the Board of Trustees of
Leland Stanford Junior University dated August 14, 1997, ("the
Development Agreement") concerning the Sand Hill Road Corridor
Projects.
B. An amendment to the Development Agreement, ("the First
Amendment"), redefining the area within Special Area B within which
Stanford may construct housing for its faculty, staff and students,
has been requested. Approval of the amendment will remove the
first hole of the Stanford Golf Course from the area designated for
housing.
C. The City Council finds and determines that notice of
intention to consider the development agreement has been given
pursuant to Government Code section 65867.
D. The Planning Commission and the City Council have
each conducted a public hearing on the First Amendment to the
Development Agreement.
E. The City Council has reviewed the contents of the
Addendum to the Sand Hill Proj ects Environmental Impact Report
prepared for the Proj ects, and all other relevant information,
including staff reports, and all testimony, written and oral,
presented on the matter.
F. The City Council finds and determines that the First
Amendment to the Development Agreement is consistent with the
Comprehensive Plan of the City of Palo Alto, as amended. The City
Council has specifically considered the regional welfare and the
impacts of the development agreement upon the regional welfare.
1
010426 syn 0090806
SECTION 2. The City Council hereby approves the First
Amendment to the Development Agreement, a copy of which is attached
hereto as Exhibit "A", and authorizes the Mayor to execute the
agreement on behalf of the City.
SECTION 3. The City Clerk is directed to cause a copy
the First Amendment to the Development Agreement to be recorded
with the County Recorder not later than ten (10) days after
becomes effective.
SECTION 4. The City Council adopts this ordinance in
accordance with the California Environmental Quality Act ("CEQA")
findings adopted by Resolution No. 7685.
SECTION 5. This ordinance shall be effective upon the
thirty-first (31st) day after its adoption
INTRODUCED: April 9, 2001
PASSED: April 23, 2001
AYES: BEECHAM, BURCH, EAKINS, LYTLE, OJAKIAN, WHEELER
NOES:
ABSTENTIONS:
ABSENT: FAZZINO
NOT PARTICIPATING: KLEINBERG, MOSSAR
ATT~~: . ~~.~ City Clerk . .
APPROVED AS TO FORM:
APPROVED: Matt;::;t ;.~
t.o~W>..~~
Seni Asst. City Attorney rnlsooc~
OImII'JAM ~~ at and
OF THE CITY O€~QUlid.Al\JP Envirorirnent
THEREAt· rER POST, T~f COUNCIL .
CHf.\f',1SERS ONlQ of (WITHIN t.8
DAYS m: Irs PASSA )
010426 syn 0090806
This document is recorded
for the benef of the City
of Palo Alto and is entitled
to be recorded of charge
EXHIBIT "A"
in accordance with Section 6103
of the Government Code.
After Recordation, mail to:
OFFICE OF THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
Between
CITY OF PALO ALTO, CALIFORNIA
A Chartered City
and
BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY,
a body having corporate powers under the laws of the
State of California
1
010326 syn 0090773
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This first amendment ("Amendment") to the statutory
development agreement ("Development Agreement") which was enacted
and entered between the part as of August 14, 1997 is enacted
and entered into as of the day of , 2001
( "Effective Date"), between the CITY OF PALO ALTO ("City"), a
chartered city and California municipal corporation, and THE BOARD
OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having
corporate powers under the laws of the State of California,
("Stanford") .
RECITALS
THIS AMENDMENT is entered into and enacted on the basis
of the following facts, understandings and intentions of the
parties:
A. This Amendment uses certain capitalized terms, which
are defined either herein or Section 1 of the Development
Agreement, which was filed for record .in the office of the Santa
. Clara County Recorder on December 3, 1997. The meaning of each
capitalized term used herein, unless otherwise defined, shall be
the same as that defined in the Development Agreement.
B. This Amendment is enacted and entered pursuant to
Government Code sections 65864-65865.5 ("Development Agreement
Act"), which authorize the parties to enact, enter into and amend
binding development agreements af ing the development of real
property within the City's jurisdiction.
C. City Resolution No. 6597 establishes procedures and
requirements governing consideration and amendment of development
agreements.
D. Stanford is the owner of the Property which is
affected by the Development Agreement and this Amendment. Said
property is described in Exhibit A hereto.
E. City has completed an Environmental Impact Report
("EIR"), which EIR has been certified as complying with .the
requirements of the California Environmental Quality Act ("CEQA")
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010326 syn 0090773
and all applicable City regulat
on the Property.
and which analyzes development
F. In order to amend the terms of the Development
Agreement, Stanford has applied to City pursuant to the Development
Agreement Act and Resolution No. 6597 for this Amendment to the
Development Agreement. City's Planning Commission and Council duly
have given notice of the intent to consider this Amendment,
have conducted public hearings thereon pursuant to Government Code
section 65867 and Resolution No. 6597, and have found that the
terms hereof are consistent with Comprehensive Plan.
G. The terms and conditions this Amendment have been
e and, prompted by the found by City to be fair, just and
necessities of the situation.
H. This Amendment is consistent with the present public
health, safety and welfare needs of the residents of the City and
the surrounding region. City ly has considered and
approved the effects of this Amendment upon the regional welfare.
I. This Amendment will bind future City Councils to the
terms and obligations specified in the Development Agreement and
this Amendment, and in furtherance the interests of City and
regional residents and the public ly, presently exercises,
to the degree specified herein and in state law, the City's
authority to allow or preclude development of the Property.
J. This Amendment will permit construction of housing'
without undue interference with the Stanford Golf Course.
NOW THEREFORE, the parties hereby do agree as follows:
1. Section 6 (i) of the Development Agreement is amended
to read as follows:
" (i) Sand Hill Corridor
Development. Until December 31, 2020, Stanford shall not
develop the approximately 139-acre parcel known as
Special Condition Area "B," as defined in the 1989
General Us~ Permit and shown on Exhibit B to this
Amendment, except for academic and recreational fields
(including the golf course) and associated support
facilities; provided, may propose Stanford University
fac'ul ty, staff or student housing that part of Area
"B" marked as "housing site" on Exhibit B."
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010326 syn 0090773
2. Miscellaneous.
(a) Authority to Execute.' The person or persons
executing this Agreement warrant and represent that they have the
authority to bind Stanford to the performance. of its obligations
hereunder.
(b) Exhibits. The following exhibits to which
references are made in this Amendment are deemed incorporated
herein in its entirety:
Exhibit A
Exhibit B
Description of Property
Special Condition Area B Boundary and
Housing Area Designation.
IN WITNESS WHEREOF, this Amendment has been executed by the
part as of the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
APPROVED AS TO CONTENT:
Director of Planning and
Community Environment
010326 syn 0090773
CITY OF PALO ALTO
Mayor
STANFORD
By: ----------------------------
Its:
By: ----------------------------
Its:
4
STATE OF
COUNTY OF
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On before me, a
notary public in and for said County, personally appeared
, personally known to me ---------------------------------------------(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument,
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
5
010326 syn 0090773
STATE OF
COUNTY OF
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On before me, a
notary public in and for said County, personally appeared
, personally known to me ---------------------------------------------(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument,
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
6
010326 syn 0090773
EXHIBIT "A"
Description of Property
7
010326 syn 0090773
..... "
~"'.
EXHIEIT "A"
(page 1 of 3)
April 16, 1997
8KF P"roject No: 896060
PROJECT DESCRIPTION
All that real property situate in the City of Palo Alto and the County of Santa
Clara, State of California, being the lands of The Board of Trustees of the Leland
Stanford Junior University and The State of California, and as shown on the
Tentative Map and adjacent lands, a platof which is attached hereto and made a
part hereof as "Exhibit E", more particularly described as follows:
. BEGINNING at the intersection of the northwesterly line of the proposed Sand
Hill Road right of way line as shown on said Tentative Map, with the City of
Menlo Park and the City of Palo Alto city limit line, last said line also being at or
near San Francisquito" Creek; thence northeasferly along said proposed
northwesterly line of Sand Hill Road to a point on the southwesterly line of Parcel
1 as shown on the Parcel Map filed July 15, 1"970 in Book 270 of Maps at pages
34 and 35, Official Records of Santa Clara County; thence northwesterly.along
said southwesterly line of Parcel 1 to its intersection with said Menlo Park anq'
Palo Alto city Iimit.line (at or near San Francisquito Creek); thence in a general •
northerly. direction along' said city' limit line to its intersection with the
southwesterly right 'of way line of EI Camino Real; thence southeasterly alon,g
selid southwesterly line of EI Camino Real, .50 feet; thence northeasterly, at right
angles to last said southwesterly line, to a point on the northeasterly line of EI
Camino Real; thence southeasterly along said northeasterly line of EI Camino
'Real to its intersection with the northwesferly line of University Avenue; thence
southwesterly, at right angles to said EI Camino Real, to a point on the
southwesterly right of way line of EI Camino Real; thenc~ northwesterly along
said'southweste"rly line of EI Camino Real to its intersectiol) with the
southeasterly ,line of the, proposed Quarry Road right of way line; , ~heDce
southwesterly and southerly along said proposed southeasterly ~nd easterly line
of ,Quarry Road to a point 50 feet south of the southerly right of way line of
proposed Vineyard Lane; thence .westerly, at right angles to the easterly line of
said proposed Quarry Road; to a point on the westerly line of said Quarry Road;
thence northerly, northwesterly a'nd westerly along the 'Southerly return at the
proposed intersection of Vineyard· Lane and Quarry Road to a point on the
proposed southerly line of Vineyard Lane;' thence along said proposed southerly
line of Vineyard Lane to its intersection with the southeasterly line of, the
proposed Sand Hill Road right of way line; thence southwesterly along said
propo.sed southeasterly line of Sand Hill Ro~d to its intersection with the existing
northeasterly right of way line of Pasteur Drive; thence southeasterly along said
northeasterly line to its intersection with the westerly line of Welch Road; thence
southerly along said westerly lir)e of »,elch Road to its intersection with the
existing City of Palo Alto City limit line, said line also being the most southerly
right of way line of existing Pasteur Drive; thence westerly along said City limit
line and existing southerly line of Pasteur Drive to its intersection with the
Page 1 of 2
·(page 2 of 2)
..
'proRosed southerly right of way line of Pasteur Drive,said line also being the'
'proposed City of Palo "Alto City limit line; thence westerly along said proposed
southerly line of Pasteur Drive and along said proposed City limit line to its
intersection with the southeasterly line of the proposed Sand Hill Road right of
way line; thence southwesterly along said proposed southeasterly line of Sand
Hill Road to its intersection with the City of Menlo Park and the City of Palo Alto
City limit line,last said line also being at or near San Francisquito Creek; thence
northwesterly along said City limit line to the POINT OF BEGINNING.
This description was prepared under my direction.
By: 9~~ ~'-----
Davis R. Thresh, P .L.S. No. 6868
License Expires:" .9/30/2000
Dated: G,-to ... 97
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Page 2 of 2
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(page 3 of 3)
Legend
. SpEiclal Condition Area B D Until 2020 recreation &
academic fields & associated
Support Uses
""O'b'b'd'~ Housing Site: Facultyl Staff!
~ a a 00" Student Housing allowed in
IQOOOO~ d d tb t t :00000<0 amen e agreemen u no
•• '..... allowed in original agreement
••• '.... Facultyl Staffl Student Housing :V""""~ allowed in original agreement r/'V'VQ"VV''iII
:V""""1 but not allowed in amended
':lY.".".1:; agreement
~ Housing Site: Facultyl Staffl =---------= Student Housing allowed in :====: both original and amended
• • • • • •• agreements
Revision to Sand Hill Road Development Agreement Special Condition Area B
Amended Exhibit H-3
D:IGlorla IIGISlSlqnfordlsu;,.,stabl,,_2_BlackAndWMe.al April 9, 2001 Exhibit B