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HomeMy WebLinkAboutRESO 4348• RESOLUTION NO. 4348 � ORIGINAL RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ENDORSING PROPOSED COUNTYWIDE BAYLANDS PLAN PROGRAM AND SUPPORTING PROPOSED MORATORIUM ON DEVELOPMENT WHEREAS, the Planning Policy Committee of Santa Clara County, as a joint cooperative venture of all the cities and the County, has proposed a Countywide Baylands Plan Program, and WHEREAS, the Mayors' Committee of the Inter -City Council has referred the proposed Baylands Plan Program to each jurisdiction for comment and action, and WHEREAS, the County and those cities which have jurisdiction within the proposed planning area have been requested to adopt a baylands moratorium ordinance, and WHEREAS, the only privately -owned property (Ideal Cement) within the jurisdiction of the City of Palo Alto and proposed to be restricted by the moratorium ordinance is mostly under water or subject to tidal action and thereby subject to the control of the Army Corps of Engineers and the Bay Conservation and Develop- ment Commission and, additionally, is zoned "F" -- Flood Plain District, which zoning is more restrictive than the regulations of the proposed moratorium ordinance, and WHEREAS, the officially adopted policy of the City of Palo Alto as contained in the General Plan provides for: a three -finger recreation lake -flood basin, the preservation of the Bay and marshlands as a natural habitat for wildlife, the yacht harbor, an existing golf course and a proposed golf course, airport, bicycling and hiking trails, an athletic center, a municipal service center, a baylands interpretive center, a duck pond, a refuse disposal area, and a sewage treatment plant, and WHEREAS, that portion of the General Plan involving a three - finger lake -flood basin has been the subject of a special county - financed study known as the Santa Clara County Shoreline Regional 1 e. ;f Park Feasibility and Preliminary Planning Report, which report was the result of agreement and cooperation on the part of Palo Alto, Mountain View and Santa Clara County and which has been approved by the Santa Clara County Parks and Recreation Commission and the Board of Supervisors, and WHEREAS, the publicly -held area within the jurisdiction of the City of Palo Alto proposed to be restricted by the moratorium ordinance is owned in fee by the City of Palo Alto, and WHEREAS, the Palo Alto Athletic Center, the Palo Alto Golf Course, the Palo Alto Airport, the Palo Alto Yacht Harbor, the Duck Pond, the Baylands Nature Interpretive Center, the Regional Wastewater Treatment Works, the Municipal Refuse Disposal Area, the Municipal Service Center, the Palo Alto Flood Basin, a gas metering station, and the storage yard of the Palo Alto Sanitation Company are existing operating facilities or existing operating facilities with approved and committed plans for development, all of which would logically be exempted from any moratorium, and WHEREAS, with minor exceptions, the great majority of the city - owned property has been legally dedicated for park, playground, recreation or conservation purposes such that it cannot be re- moved from such dedication without a vote of the electorate, and WHEREAS, no development of any substantial building, con- struction, reconstruction or development can occur on such dedi- cated property until plans of sufficient detail and particularity to show, as applicable, the nature, function, size, extent and general appearance of the proposed project have been prepared and adopted by ordinance which is subject to referendum, and WHEREAS, the Palo Alto Planning Commission has recommended that the City Council endorse the concept of the study of the shoreline area and that the concept of a moratorium on the lands within the area be favored, but not a zoning ordinance change to that effect as far as lands in Palo Alto are concerned, and WHEREAS, in light of the foregoing, the proposed moratorium - 2 • • ordinance is inappropriate for Palo Alto because the Palo Alto baylands are prese:itly subject to equal or more stringent legal restrictions on development. NOW, THERL-'FORE, BE IT RESOLVED by the Council of the City of Palo Alto as follows: 1. The Council of the City of Palo Alto endorses the con- cept of the shoreline study as contained in the report of the Planning Policy Committee and referred to the various juris- dictions by the Mayors' Committee of the Inter -City Council. 2. The Council of the City of Palo Alto favors and supports the general concept of the proposed moratorium. 3. The Council of the City of Palo Alto agrees to provide its fair share of the cost of the subject study, but not to exceed $1,200.00. 4. The City Clerk is directed to transmit a certified copy of this resolution to the Board of Supervisors of the County of Santa Clara, the Mayors' Committee of the Inter -City Council, the Planning Policy Committee of Santa Clara County, and the city council of each of the cities in Santa Clara County. INTRODUCED AND PASSED: April 27, 1970 AYES: Arnold, Beahrs, Berwald, Clark, Comstock, Gallagher, Norton, Pearson, Spaeth, Wheatley Dias NOES: ABSENT: None ATTEST: AP OVED: A elLfil&-4-A., Ot Ci y Cle - Mayor APPROVE AS TO FORM: APPR•"'D A T• CONTENT: y Attorney D Commun anni an Develop - t 3 .11 APPROVED: z-7/- /1:):2-/,;-/-77-4::- /- City Controller