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Home My WebLink AboutRESO 5345•. OR~Glt-JAl RESOLUTION NO. 5345 A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING -OF EMINENT DOMAIN PROCEEOINGS -- UNIVERSITY AVENUE AREA OFFSTREET PARKING ASSESSMENT DISTRICT PROJECT NO. 75-63 RESOLVED, by the Council of the City of Palo Alto, California, that WHEREAS, it is necessary and desirable for the City of Palo Alto to acquire that certain real property mo~~ __ particularly -described in Exhibit nA" attached hereto and by this reference made a part hereof, for the purpose of constructing, operating and maintaining offstreet parking facilities in connection with the University Avenue A.~ea Offstreet Parking Assessment District, Project No. 75-63, as described in Resolution of Intention No. 5242, adopted by said Council on August 9,_1976, hereinafter referred to as "the Projectn; WHEREAS, notice has been duly given pursuant to the pro- visions of Section 1245.235 of the Code of civil Procedure of the State of california, and all persons·whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment rollchave been given a reasonable opportunity to appear and be heard before the Council of the City of Palo Alto on the _following matters, to wit: (a) -Whether the public interest and necessity require the University Avenue Area Offstreet Parking ASsessm.ent District, Project No. 75-63; (b) Whether said p~oject is planned or located in the manner that will be most compatible with the greatest public good and the least private injuryJ (c) Whether the property sought to be acqui~ed is necessary tor said project; and .· WHEREAS, the City of Palo Alto is vested with the power of eminent domain to acquire real or personal property by virtue of Article 2 of the Charter of the City of Palo Alto, Section 13.12.040 of the Palo Alto Municipal Code, Sections 37350.5 and 37353 of the Government Code of the State of California, and Article 1, Section 19 of the Constitution of the State of California. NOW, THEREFORE, IT IS FOUND, DETERMINED and ORDERED, as follows: ' 1. The public interest and necessity require the Project, comprised of the acquisition, construction, completion, mainten- ance and operation of offstreet parking facilities in, over, across and upon the parcels of land more particularly described in said Exhibit "A", and the taking of the fee simple title in and to the parcels of land more particularly described in said Exhibit "A", for offstreet parking purposes is necessary for said Project. 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 3. The City Attorney and the law firm of Wilson, Jones, Morton & Lynch, special counsel for the City, be and they are hereby directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as is necessary therein, and said law firm of Wilson, Jones, Morton & Lynch shall be paid a reasonable fee therefor. * * * * * * * • -2- • • • l hereby certify th -it the foregoing is a full,. true and correct copy of a resolution duly passed and adopted by the City council of the City of Palo Alto, Santa Clara County,. California, at a meeting thereof held on the 7th day of February,. 1977. AYFS, and in £avor thereof, COuncilaembers: Berval.cl. Comstock.10 Eyerly, Borton. Sher, ilitherspoon NOES, Councilmezbers: Beahrs. Clay ABSENT, Council.members: Rone ABSTADT • Colmci 1 •-.hers: Carey to APPROVED: Approved: ' •. • • DESCRIPTION All that certain parcEtl of land situate in the City of Palo Alto, County of Santa Clara, State of California, described as. follows:. Pa.r~l No. l: Lota 12, ll,. 14,, 15., 29, 3Q i.n. B.lock 20, as shown ~p<>n that <:e.J;"t~n Map entitl.e4,. •Mop of l;t. :.r-•. Perry's Subdivision," ~h.ich Map W.alf: filed fox-r~oi;4 in. t~ offi~ Qf ~he RecordEir of t;h.e County Qf $4n~a Cla..ra,_ $t~.te of_ Cal.i,forn:ia, on February .i, 1890 '· in Book D: Q.t;· M'1P$ '· a.t r_>a.9'1! l 71. · ~ V'~&ion~ l(} ~4 l;l, ex_cept tl).~ $0~~~-t~i;ly ~s ~~t Q~ 9'a:i.4: ~v:·i_$,iQ&_ 10, ~d;i;v:i.s.i.e>ns 31, 32, 33 ~:cl: ~4: ,, E!XPE!Pt ~ ~\\~te~l.Y lt~-~~t oi t® ~rt~terly. 1,0~ 1./2 f~~ 9; s.~ ~~i$.i,Qn. 3,4,,. <Ml U.; $.Q'(ll; Uf>O~. tha.t · ~rta,in MaP en.ti t..lieQ:,, 11·•p o~ J:l •. ~ •. Pe:c:nr·"• ~~~v.~siQn-o~ · tae, South ~,alf of Block 20., Un.).'!'.~:r;~i,~y . .,_._J;l.f.,, ... ~:i..~ -~ •-~ ficled. fo:r;· r~:r;tl in t~ Q:~U,c:;:e of ~~.e ~~Q-E~r Qf $,e CQw;ttX o~ ~.t_a G"lara,_ Stc;l.~e of Gali.~o~~.i,~, Qr:\ Fei;>~y 4,_ 1$.~Q-'· ia ~ f>. o~ -.P$-, ~.\ ~.~ l 71 •. ~~~ll:tG-~~~~ ~ SQ~~"°.te~~Y-1 ~t of ~t~ 29., ~, .. ~,, :p ~ ;t.,. ~ ~~ f_Q~th. i.~. t.h.e JN;~l:, .,~_~n,\ ~ ~~~ \iQ&. ~~ ~~-~3.,, ~~~~·'· i.• ~k. ~l...$~ Q-i; ~~~i,Q·i."-l. ~~Q.J;"~, ~ il~, . . ·-----~------,,,..---,.,,----------------------... • • RESOLUTIOH ~~O. 5H6 RESOLUTION OF THE couucr.. OF THE CITY OF PALO ALTO AHEHDIHG ORDINANCE 285/ FOR PROPERTY KNOWN AS 2450 EAST BAYSHORE ROAD CHAl~GIHG USE, IMPROVEHEHTS, COMPLIAHCE Alm DEvtLOPHEHT SCHEDULE WHEREAS, on June 2, 1975, the Council pas~ed Ordinance 2357 changing the zoning classification of certain p~operty known as 2450 East Bayshore Road to P-C (Planned Community). subject to conditions; and WHEREAS, on February 9, 1976, the Council passed Resolution No. 5198, extending the development schedule; and . WHEREAS, the.developer desires to change use, improvements, compliance and development schedule. Such changes ar-e necessary for the pubiic ·interest, safety, convenience and general welfare. NOW, THEREFORE, the council of the City of Palo.A1to does ·RESOLVE as follows: SECTION 1. Section 2. of Ocdinance No. 2857 is amen4ed to read as Eo!lows: "SECTION 2. The diagrams attached hereto entitled ''Develop- ment Pfan11 are incorporated herein by reference. Said Development Plan is approved pursuant to Section 18.68.070 of the Palo Alto Municipal Code subject to the following "following conditions: A. Use: ~ An athletic facility including racquetball/ handball courts, saunas, a weight room. $un room. lockers, and an office and reception desk not to exceed 340 square feet in area. ~. public interest, health, safety, morals, p~ce·, c;omfort and general weifare require that· the px-eviouslY existing zoning classification of L-~-D i$ ·appropriate except that the recommended P-C (Planned C0111J1tmity District) zoning ~lassification makes better use of the subject property and promo~es the public interest, heal~h, safety, morals, peace, comfort arid general wel{are; therefore, in the. event that constr1.it:!tion i~ oot started t.7itbin th~ t:im$ ·PrescX"ihe<J by this Ordinance. the :P-c, · (Planned-Coumninit;y District) zoning shall lapse and - the zoriing of· the -subject property sha.ll automatically revert.to L-M-D (Limited Manufacturing-Site and n.sign Control Dis.trict) as previou$ly zoned, or su~cessor zoning designation in any new zoning or4iriance as may be adopted. 8.. I,uwrovements: 1. The building.-off-street parking, landsc~pi~ and other imp~~v~ts &~11 be substantially as shown on the app:tOY"ed Dev~.l,opment Plan. . 2. Exterior lighting shall ~Q.t exceed a maximum of 1.4 foot candles and aJ) average of 0.26 foot candles on the surfac;:.~ of the p&i;kin& lot1 . • 1 - .......... --.. ... -----,~~--.----- ·.•