HomeMy WebLinkAboutRESO 4413• • • ORIGINAL
RESOLUTION NO. 4413
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
OPPOSING AMENDMENT OF THE BAY PLAN OF THE SAN FRANCISCO
BAY CONSERVATION AND DEVELOPMENT COMMISSION TO PERMIT
WATER-ORIENTED COMMERCIAL RECREATION
WHEREAS, the Bay Plan adopted by the San Francisco Bay
Conservation and Development Commission permits £ills of San
Francisco Bay only if the project is substantially on existing
privately owned baylandi and
WHEREAS, on Octob~r 15, 1969, the Attorney General of the
State of California ruled that the provisions of the M~Ateer
Petris Act, partic~larly Section 66605 of the Governm~nt Code,
do not permit any fill of San Francisco Bay except for water-
oriented uses and that the Bay Conservation and Development Coti-
mission (BCDC) does not have the power to adopt a regulation per-
mitting non-water-criented uses even if ~he applicant creates as
much new bay surf ace as would be removed by the fill (a go-called
"idea or rule of equivalencies" or ''replacement fills"; and
WHEREAS, on January 7~ 1971 9 BCDC will hold a public hearing
to consider two amendments to the Bay Plan each of which would
permit water-oriented commercial recreation projects on publicly
or privately owned baylands if ~aid projects meet the "replacement
fills" standard; and
WHEREAS, such projects may produce an equal amount of water
area but may not produce an equal amount of use of such area; and
WHEREAS, conunercial uses are not priority uses of San Francisco
Bay, and such uses will tend to increase the pressure on the re-
maining lands and water areas of San Francisco Bay for priority
uses1 and
WHEREAS, to fill in the northern part of the Bay affects water
circulation and water quality of every comm.unity in the south bay
including the City of Palo Alto.
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NOW, THEREFORE, the Council of the City of P~lo Alto d0~s
RESOL'lE as follows:
SECTION 1. That the Council of the City of Palo .i\lto opnoses
any change in the ~ay Plan of BCDC which would increase intensi.ty
of use of San Francisco Bay for any purposes other than water-
·:>riented uses, and par:ticularly the "replacement fills 11 theory<
SECTION 2~ That the City of Palo Alto urges BCDC not to
~nact such ~:.anges in said Bay Plan, and to retain the present
:=>rohibitio-n against fill$ on publicly owned Bay lands for cor.-.."'T\ercial
recreation purposes, and fills for such purposes on privately
owned Baylands only if substantially on existing land~
SECTION 3. That the City Clerk is authorized and directec.
~o notify the Executive Director of the Ran Francisco Bay Conserv-
ation and Development Commission prior to January 7, 1971. of
~he adoption of this resolution and to transmit a copy of this
resolution to each Commissioner and to the Executive Director of
the San Francisco Bay Conservation and Development Commission as
well as one additional copy to said commission requesting that a
copy of this resolution be entered in the commission record~.
lNTRODUCED AND PASSED: January 5, 1971
AYES: Arnold, Clark, Comstock, Dias, Gallagher
NOES: None
ABSTAIN: Beahrs
ABSENT: Berwald, Norton, Spaeth
A'l.'TEST: J · ·· . . ·, . / \ ·/ /)~-:iu·~.j J~.
city Ifuflr . . :: ,
I . • )
An~7~.· ~orney .··
r
APl RbVED~
'lJ Mayor
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