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HomeMy WebLinkAboutRESO 6434~ --------------------------- • RESOLUTION NO. 6434 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AN AGREEMENT SETTING FORTH POLICIES OF THE COUNTY' OF SANTA CLARA, THE CIT'l OF PALO ALTO AND STANFORD l'NIVERSITY REGARDING LAND USE, ANNEXA- TION, PLANNING AND DEVELOPMENT OF STANFORD LANDS IN SANTA CLARA COUNTY WHEREAS, the City and Stanford University (•Stanford•) entered into a letter agreement dated January 18, 1974, known as the -cs Zone Agreement, setting forth certain understandings between the City and Stanford regarding academic and non-academic uses on Stan ford land, the referral cf development projects and policies to each other for timely consideration, and the designa- tion of certain areas as needing special review before projects are approved by the County of Santa Clara1 and WHEREAS, the City and Stan ford des ire to replace and super- sede the -cs Zone Agreement with an updated Land Use Policy ~greement entered into by the City, Stanford and the County of Santa Clarar and WHERBAS, the City wishes to agree to a protocol regarding the land use designations and procedures for unincorporated Stanford University lands in Santa Clara County1 and WHEREAS, the City wishes to enter int1J a Supplemental Agree- ment with Stanford University to request certain actions by Santa Clara County and the Local Agency Formation Commission {LAFCO) including the alteration of the boundaries of the Sphere of Influence of the City of Palo AltoJ NOW, TEI ERE FORE, the City of Palo Al to does RESOLVP. as fol- lows: SECTION 1. The City, along with Stanford University and Sant:.:t Clara County, shall enter into the 1985 Land Use Policy Agreement set forth as Exhibit A hereto. SECTION 2. The City agrees vith the Protocol dealing with the designations and procedur~s for unincorporated Stanford University lands in Santa Clara County set forth as Exhibit B hereto, as it may be revised by the agreement of the County of Santa Clara, Stanford University and the City's Director of Planning and Community Environment. SECTION 3. The City shall anter into the Supplemental Agree- ment with Stanford University set forth as Exhibit C hereto requesting certain actions by the County of San ta Clara and the Local Agency Formation Commission (LAFCO}. SECTION 4, The City recommends to LAFCO that the City of Palo Alto 1 s Sphere of Influence and Urban Set"vice Area be as designated on the maps ~ttached to Exhibit C hereto, provided that the agreements described in Sections 1 and 3 above and the proto- col described in section 2 above are agreed to by Stanford University and the Agreement described in Section 1 above and the protocol described in Section 2 above are agreed to by the County of Santa Clara. SECTION s. The Agreements and protocol are not projects as defined in the California Environ~ental Quality Act and require no environmental findings. INTRODUCED AND PASSED; October 7, 1985 AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Woolley NOES: None ABSTENTIONS: None ABSENT: Witherspoon ( ' APPROV~D ASr~ORM: a-.\ (µ.IJ . o~Oft.--) sistant City Attorney 2. 1985 LAND USE POLICY AGREEMENT POLICIES GOVERNING UNINCORPORATED STANFORD UNIVERSITY LANDS IN SANTA CLARA COUNTY This agreement sets forth the polic\es of the County of Santa Clara ("Santa Clara County•), the City of Palo Alto ("Palo Alto•) and Stanford University cnstanford") regarding land use, annexation, planning and development of Stanford lands in Santa Clara county. l. General policies a. Stanford University differs from other ·unincorporated areas in Santa Clara County in that it constitutes an integrated commu- nity, its lands are held in perpetual trust for educational purposes and may not be sold, its lands are mainly tax-exempt, and it provides its own municipal services to its academic facilities, rather than seeking them from adjacent cities. b. All parties agree that existing annexation policies for Stanford lands in Santa Clara County should continue in force: (l} Academic land uses, for which the University provides its own services, should remain unincorporated. (2) Open space and agricultural uses of lands held in reserve for future academic use should likewise remain unincorporated. (3} Other non-academic uses of University lan:3 should be subject to city annexation. c. All parties agree that County policies should continue to recognize the unique character of Stanford's academic lands, and that, at the request of any party, any proposed change in general County policy 9overnir19 unincorporated lands should be preceded by three--party discussion as to whether the proposed new policy should be applied to Stanford lands. d. Palo Alto and Stanford further recognize that each has a l~gitimate interest in planning decisions made by the oth~r, to the extent that the actions of one entity may impact housing supply, trafficf parking, and utility systems in the other. For -1- this reason, each will continue to provide notification, at the earliest possible date, of any projects or proposals that may affect the other. 2. Specific policies ~overning academic use of Stanfcrd lands a. All Stanford lands are held by the Board of Trustees for ultimate academic use. Those areas designated •Academic Reserve and Open Space• may be used for agricultural and accessory purposes until they are needed for academic use. b. •Academic• uses of University land, as defined and desc~ibed in the County General Plan and the University Land Use Plan, include: instruction and research (including teaching hospital facilities); administrative facilities: housing intended for Un~versity and Hospital faculty, staff, students and visitors: athletics, physical education, and recreation facilities; support services (such as university-operated campus facilities, U.S. post office and other campus services, infrastructure, storage and maintenance}; and non-profit research facilities with close academic ties to the University (such as the Center for Advanced Study in the Behavioral Sciences, the National Bureau of Economic Research and the Carnegie Institution of Plant Biology}. c. Unincorporated Stanf·ord lands in Santa Clara County are subject to the Santa Clara County General Plan and Zoning Ordinance, the general use permit for Stanford University lands adopted by Santa Clara County, and pertinent review and approval procedures employed by Santa Clara County. d. Stanford intends to continue to provide all municipal services to its academic facilities in the unincorporated area of Santa Clara County. Provision.of services may include construction and operation of on-site facilities, purchase from public or private entities, or membership in regional facilities. For mutual benefit, Stanford and Palo Alto, or Stanford and Santa Clara County, may contract with each other for the provision of certain services. e. Neither Stanford nor Palo Alto seeks annex&tion to Palo Alto of parcels which are designated for academic use in the University's Land Use Plan. This position is consistent with the County General Plan and County policies regarding annexation ·and development. 3. Specific policies_gpverning non-academic use of Stanford lands a. The Trustees allow non-academic use of certain designated parcels on an interim basis, to produce income to support the University and its programs. b. •Non-academic• uses include: commercial and industrial enterprises: housing that is not reserved for University and -2- Hospital personnel: and for-profit research and professional facilities which are not an integral part of the University's academic program (such as the professional off ices on Welch Road and the corporate installations in the Stanford Research Park). c. Stanford intends to request annexation to the City of Palo Alto of any unincorporated parcel in Santa Clara County for which it proposes an interim non-academic use. d. Stanford lands annexed to the City of Palo Alto are subject to the Palo Alto Comprehensive Plan and Zoning Ordinance, any area plans adopted by the City of Palo Alto, and pertinent review and approval procedures employed by Palo Alto. 4. Implementation of these policies a. Staffs of the three parties, in cooperation, will maintain an info~mational document, known as a Protocol, which outlines all adopted land use designations, regulations, restrictions, and review and referral procedures governing Stanford lands in Santa Clara County. Revisions to the Protocol will be made by the three staffs, to reflect any adopted changes in the County General Plan, the County Ordinance Code and Zoning Ordinance, the general use permit for Stanford lands, pertinent County procedures, and administrativ~ practices and procedures agreed to by the three parties. Any such revisions will be reported to the Board of Supervisors and the City Council. b. The parties will continue to refer development applications to each other in substantially the same manner that has been employed in the past. Administrative procedures for such referral may be implemented upon concurrence of the three staffs, but will contain at least the following features: {l) Each party will supply copies t~ the others of any application or proposal which it has reason to believe might be of interest to the others. (2) The parties will take account of the concerns of any of them about a proposal made by another. (3) Any of the parties may comment to the agency having jurisdiction on any project proposed by another of the parties, within the time specified by the agency having jurisdiction. c. The parties will, as necessary and appropriate, join in requests to other jurisdictions, including but not limited to the Local Agency Formation Commission and the State of California, to recognize the spirit and the provisions of this Agreement in their policies and procedures. -3- d. This Agreement supersedes and replaces the agreement between Stanford University and the City of Palo Alto dated January 18, 1974, commonly known as the --cs Zone Agreement•. e. Nothing in this Agreement shall limit the authority of any of the parties to revise its General Plan, Comprehensive Plan, Land Use Plan or zoning ordinance. THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY By William F. Massy Vice President for Business and Finance THE CI~ OF PALO ALTO Approved pursuant to action of the City Council on By Leland D. Levy Mayor THE COUNTY OF SANTA CLARA Approved pursuant to action of the Board of Supervisors on By Rod Diridon Chairperson _,_ PROPOSED 8/2/85 PROTOCOL DESIGNATIONS AND PROCEDURES FOR UNINCORPORATED STANFORD UNIVERSITY LANDS IN SANTA CLARA COUNTY ~-JOTE: To be revised as necessary immediately after adoption of the modified general use permit. 1. Background: Incorporated and unincorporated Stanford lands a. Stanford lands lie in Santa Clara and San Mateo counties. Stanford land that has been developed for non-academic interim use has been annex~d to cities, and is subject to city planning and zoning. b. Of the unincorporated Stanford land in the two counties, six parcels have been designated •special Study" by the Board of Trustees (see Map fl, attached). When studies of these parcels are undertaken, it may be found that one or more of the parcels might be appropriate for an interim non-academic use and for annexation. c. The remainder of the unincorporated acreage (approximately 6,000 acres in the two counties) is now used substantially for academic purposes or is reserved for academic use. 2. Jurisdiction The use of Stanford lands in the unincorporated ar~a of Santa Clara County is governed by the County General Plan and County zoning Ordinance, a conditional use permit known as the wgeneral use ~ermit•, and other use permits and approvals as required. 3. County Land Use Designations and Zoning a. The Santa Clara County General Plan designates Stanford lands as follows (see Map t2, attached): (1) •university Lands -Campus• (the area between El Camino Real and Junipero Serra Boulev~rd), on which academic uses are allowed in a density that gives them an urban character; (2) •university Lands -Academic Reserve and Open Space" (the Arboretum and the foothills lands south of Junipero Serra Boulevard), on which open space and low-density academic uses are allowed; and -1- • (3) "University Lands -Study Area• (three parcels .llong Quarry Road), for which land use designations are to be determined by the County through cooperative effort of the County, the City of Palo Alto, and the University. b. Almost all St~nford land in Santa Clara co~nty is zoned Al "Residential and Agricultural". (The only exception is the resirlential area between Stanford Avenue and Page Mill Road, which is zoned RlE-10 "Residence-Estate• ) • In addition to specified agricultural and residential uses, the ~l Zone 3llo~s other uses pursuant to a use permit, such as the general use permit granted for Stanford lands. 4. General Use Permit a. The County general use permit for Stanford lands allows development that conforms with the County General Plan and the maps that are part of the permit. b. In addition to the standards and restrictions imposed by the County General Plan and Zoning Ordinance, the general use permit cont3ins limitations on three areas of Stanford lands that have been of particular concern to Palo Alto (see Map #3, attached}. A se?arate use permit is required for: (1) any use which will result in building construction ir. the area designated "Area A" (a portion of the Arboretum): (2) any use which will result in construction of any building having more than 5,000 square feet of gross floor area in the 3rea ~esignated PArea s• (known as the West Campus area}: or (3) an~l use which will result in construction of any building having more than 5,000 square feet of gross floor • area, or in construction of any dwelling units, except foi caretaker purposes in conjunction with permitted uses, in the area designated •Area c• (the foothills lands between San Francisquito Creek and Page Mill Road). 5. Referral of applications a. When Stanford applies to Santa Clara County for building or roadway construction {other than normal roadway repairs), Stanford notifies the Planning Director of the City of Palo Alto in writing. Stanford also supplies the City with a copy of the application, including all materials filed with Santa Clara County. b. In any such application, Stanford states whether or not it seeks municipal services or utilities from the City of Palo Alto for the proposed project. -2- c. such city City • When the Santa Clara county Central Permit Office receives an application from Stanford University, it notifies the of Paln Alto, and forwards copies of the application for review. d. Palo Alto may comment to Santa Clara County on a Stanford proposal pending before the County, within the time specified by the County. e. Stanford considers carefully such comments as Pale Alto may m~ke, and attempts, ~here feasible and appropriate in its judg11ent, to accommodate the City's views. f. The City of Palo Alto ajvises a designated individual at Stanford University of all planning, land us~, facilities, traf~ic and transportation matters before the City which may affect Stanford. The City supplies copies of any materials with resp~ct to such matters which are also supplied to the Planning Commission, the City Council or other agencies of the City of Palo Alto. 6. County review procedur,~s a. The procedure for County review of a specific Stanford development application is determined by the Director of Planning and Development or his designee, pursuant to County ordinances, and policies and procedures. In general, the requirements are as follows: {l) The Planning Commission must approve any use permit application. (2) The Architectural and Site Approval committee must approve any new building; any building addition; any remodeling that affects the exterior of a building; any remodelin~ that is accompanied by a change in use or occupancy; any new road or parking lot; any outdoor stor~ge containers; any modular structure: certain fences; cert~in outdoor storage areas; and certain outdoor furnishings, s~ch as kiosks, fountains and statuary. (3) The Director of Planning and Development may approve minor service roads; paths; certain fences; certain outdoor furnishings, such as lights or signs; and any interior remodeling if there is no change in use, occupancy or building exterior. b. The Santa Clara County Office of Planning provides public notice ten days in advance of a public hearing by t~1t:-Planning Commission or the Architectural and Site Approval ~ummittee on the following Stanford applications: (1) any use permit application anywhere on Stanford's unincorporated land in Santa Clora County; -3- (2i any application for a use permit modification or extension where there may have been changes in the project's plans or its environmental impact; and (3) any application for Architectural and Site Approval of a building, road or road extension, for which an environmental assessment is being prepared. (Notice is not given for an ASA hearing subsequent to a use permit hearing which considered environmental impacts, and for which public notice was provided.) c. To provide notice of a public hearing on a Stanford application, the Department of Planning does all of the following: (1) mails copies of the appropriate agenda to a list, provided by Stanford, of property owners and owners of buildings on land lea~ed from Stanford, within 300' of the boundaries of the tax parcel on which the project is situated; (2) mails copies of the appropriate agenaa to an additional list, provided by StanforJ, of interested individuals, organizations and jurisdictions; and (3) runs a display ad in the Times-Tribune, prepared and submitted by the County and billed to Stanford. -4- LEGEND :::::::::::: UNIVERSITY LANDS CAMPUS ~ UNIVERSITY LANDS ACADEMIC~..,.. .• ,,.7 RESERVE a .OPEN SPACE •:•:~: UHtVERSiTY LANDS STUDY AREA SANTA CLARA COUNTY LAND USE DESIGNATIONS MAP #2 Fxt .• ..... :-. · .. . ' ' . -·. • 1 :Ji : PROPOSED 8/6/8'..i SUPPLEMENTAL AGREEMENT In conjunction wi~h executing the "1985 Land Use Policy Agreement", Stanford University and the City of Palo Alto agree to join immediately in requesting the following actions by Santa Clara County and th€ Local Agency Formation Commission {LAFCO): 1. Amendment of the Land Use Plan Map of the Santa Clara County Gener.al Plan as follows: M (In defining low ~ntensity, the standard of the city within whose sphere of influence it lies shall be considered as a guideL in the case of lands owned by Stanford Uoiversity, the stanaard of t~e City of Palo Alto shall be considered as a guide.)"~ and nPolicies focusing on environmental concerns and conservation of natural, visual and heritage resources must be developed for the entire academic reserve through a cooperative process among t~c Board of Supervisors, the University Board of Trustees and t~e city council of the city in whose sphere of influence the university is located or, in the case cf lands owned by Stan:ord University, the city council of the City of Palo Alto. 2. Determination by LAFCO that the sphere of influence of the City of Palo Alto include only those parcels of unincorporatea Stanford lands which lie in Palo Alto's urban service area and those which have not been used or reserved by the Univers~ty for academic usQ, as shown in the attached map. 3. Statement by LAFCO that the exclusion of territory from the sphere of influence of the City of Palo Alto is intended to recognize existing and foreseeable policies and procedures, and is not intended to provide a basis for approving any future request for municipal or other governmental formation withir. the territory. 4. Statement of intent by LAFCO that any amendment of the County General Plan or the University's Land Use Plan that changes an academic designation to non-academic, or the reverse, or adoption by Santa Clara County of any other policy that alters the likelihood of annexation of any such parcels, should cause reconsideration of the sphere of influence of the City of Palo Alto. 5. Inclusion in the 1985 General Use Permit Modification of provisions describing permitted •non-profit research" uses of Stanford academic lands. -1- THE BOARD OF TRUSTEES OF TUE LEL.'".ND STANFORD JUNIOR UNIVERSITY By William F. Massy Vice President for Business and Finance THE CITY OF PALO ALTO Approved pursuant to action of the City Council on -------------, 1985. By Leland D. Levy Mayor -2- I ·· PROPOSED s_..ERE OF 1NFLuetae BOUNDARIES .fOR -UNINCORPORATED STANFORD LANDS IN SANTA CLARA COUNTY ~ LEGEND ~ ~ IN PALO AL TO SPHERE OF INFLUENCE AND URBAN SERVICE. AREA IN PALO ALTO SPHERE OF INJLUENCE, NOT IN uReAN SERVICE A.REA HOT IN SPHERE OF INFLUENCE OR URBAN SERVICE AREA ' . ' . -I (DETAIL) I . .. L~\~ I~ PqOPOSED SPHERE or I~rLUE~:~ ~ Urban Service Area [::.:::·.~~;/:··:~.] Outside Lrban Service '"rea I NH! OUiSlDE TH£ SPHEl<E OF I!iFLU~·.: '. [f/\'.\:}J] Academic Reserve J Open Space P~OPo~e,o 'OPHE-"'e or:-~Mr1.-ue-Hc:-e