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Home My WebLink AboutORD 2488• • ORDINANCE NO. 2488 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 22. OB. (PARK DEDICATIOirn) OF' THE PALO ALTO MUNICIPAL CODF. TO TRANSFER PARK ABANDON MENT PROCEDURES FROM CHARTER '1'0 PALO ALTO MUNICIPAL CODE WHEREAS, the Council, in accordance with a recommendation of its Charter Review Committee, desires to amend Article VIII of the charter covering the subject of parks in. order to restate its basic purposes in more concise language, and to place in the Palo Alto Municipal Code the detailed P.rocedural provisions now .found in Article VIII of the charter, NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 22.08 {Park Dedications) of the Palo Alto Municipal Code is hereby amended to add the following sections . thereto: 11 22~08.00J. Purpose. The purpose of this chapter is to implement Article VIII of the charter providing for the preserv~tion of city lands which are used or intended to be used for park, playground, recreation or conservation pur p9ses, and providing the electorate ll.n opportunity to pass upon proposals ·to discontinue or change\ ~,uch actual or in tended uses or to improve such lands. This chapter shall be liberally construed to effectuate its purposes. "22.08.002 pefinit.i:on. The word "park" as ·used in this chapter and in the general ;·laws hereinafter referred to, ·shall in every case be held to mean and includ.e park,· play ground, recreation and c6nser,1ation lands· arid -uses. ·. "22,.08.0.03 . Lease, abandonment, disposition of earks; state la~ to'3overn. Lanps owned or controlled by the city which are use or Intended to be used f_or park purposes Shall be SOld t leased Or Otherwise diSpOSed (}f I Or their ·use abandoned or discontinued only in accordance with the provisions of this. cnaptet. Except:' as otherwise provided io the charte~, the' gener~l. ·1aws of the' State of califor_nia as they existec1 January l,, 19.65, ··authorizing 'municipaJ . >' corporations to abandon. or discontiilu.e the use of lands dedicated or placed in use for· park.purposes, authorizing the.sale or other disposition of .$UCh lands, and providing procedures therefpr and for, matters relating thereto ··(designated as Government Code Atticle 2 ,· ·chapt'er 9, ~art 2 ~ · bivisi.on 3, Title 4, commencing at Sect.idn ~8440) shall· be appliqable to the City of Palo;A:lto and to all lands, owned, ·used or held by ~t for park_purpbses; and said laws shall govern and control excilu~ivc:;!ly i_n respect thereto. · .. 1 - • • . ;, 22. 08. 004 Ordinance reluired. The council shall by ordinance prepare a list sett ng forth i~ separately numbered sections the common n~e or other designation and the leqal description of each ·site, parcel or area of land owned or controlled by the city which is used or intended to be used for park purposes. Each section shall be accompanied by a map or plat of the land described, and said ordina_nce shall contain a statement that the lands listed thereon are re served for park, playground, rcicreation or conservation purposes pursuant to this chapter. As additional lands are acquired or held by the city for park purposes, they shall likewise, by ordinance and without delay, be added to said list and subject to the provisions of this chapter. Any such ordinance may be proposed pursuant to the initiative provisions of Article vt, Section 2, of the charter. "22.08.005 Ordinance required for substantial buildin_g_, construction, etc. Before any substantial buiI~ing, construc tion, reconstruction or development is commenced or approved, upon or with respect to any land held by the city for park purposes, either by the city or by a lessee, licensee or permittee thereof, the council shall first cause to be prepared and by ordinance approve and adopt a plan therefor. All leases, licenses and permits with respect to land held for park purposes shall contain provisions requiring com pliance with this section. The plan shall be.prepared in such a manner and with sufficient detail ~nd particularity to show, as applicable, the nature, function, size, extent and general appearance of the proposed project. Anv change in the plan shall' be prepared in the Saine manner and adopted by ordinance. • -ll . 11 22.08.006 Ordinance sub~ect to referendum.· Whenever in this chapter action is required to be taken by ordinance, such action shall be subject to the referendum provisions of Article VI, Section 3, of the charter, irrespective of whether such action would be characterized as legislative, administrative or otherwise. One or more sections of any ordinance adopted pursuant to Section 22.08.004 of this chapter may be made subject to a referendum without including the whole of such ordinance. "22.08.007 Provisions for land use. All of the lands fisted in this chapter shall be held for )lSe for park purposes subject to the provisions of Article VIII of the charter." SECTION 2. Section 22.08.290 (Provisions for land use) of the Palo Alto Municipal Code i~ hereby repealed. SECTION 3. ~his ordinance shall ~come effective upon the expiration of thirty days from its passage and shall become operative upon passage of the ame.ndrnent to Article VI,II -of: the charter, substantially as set forth in the report of the Citizens - 2 - I: I • • Charter Review ConunJttee dated July 18, · 1968. INTRODUCED: February 3, 1969. PASSED: March 3, J 969 . . . . -. AYES: Arnoid, Beahrs. Berwald, Comstock, ·clark, Dias, ·Gallagher, Gullixson, Pear.son, Spaeth, W hetttley NOES: None ABSENT: None APPROVED: TO FbRM: ~~ (Jity Attorney I . •. l •"··. '-! ' . 1·~:,">t-?~-t.· • .-/.:).·~· ~-' ::'f;;! ,~/ c :< t~~ ;. ' . ~·./f -· ·'•J ·----!{ : . -~,..1~ .~I t)