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ATT 8 - Resolution S-33 Adopting North Bayshore Area Plan

Mountain View City Council
April 3, 2023

Document
ATT 8 - Resolution S-33 Adopting North Bayshore Area Plan
Meeting
April 3, 2023
Body
Mountain View City Council
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

FOR BENEFIT OF 5883835
\ 0272A-23a
CITY OF MOUNTAIN VIEWRECORDED FREE WJML:KIJ:shw 12/15/77 Return to:

City Clerlc D 366 P,\CE444 P. 0. Box 10
Mountain View, CA 94042
RESOLUTION,NO. S-33

A RESOLUTION OF THE MOUNTAIN VIEW SHORELINE REGIONAL

PARK COMMUNITY ADOPTING NORTH BAYSHORE AREA PLAN
RESOLVED, by the Board of Directors of the Mountain View Shoreline Regional Park Community, Santa Clara County, California, that
WHEREAS, this Community has caused to be prepared, in the manner required by law, a plan for the Community known as and designated the "North Bayshore Area Plan", hereinafter referred to as the "Plan";
WHEREAS, Thursday, the 15th day of December, 1977, at the hour of 7:30 o'clock P.M., at the regular meeting place of this Community, Council Chambers, 540 Castro Street, Mountain View, California, have been fixed as the time and place for hearing on the Plan, and when and where the Board would consider and finally act upon the Plan;
WHEREAS, it appears that notices of said hearing were duly and regularly published and mailed in the time, form, and manner required by law, as evidenced by the affidavits and certificates on file with the Secretary of the Community, whereupon said hearing was duly and regularly held at the time and place advertised in said notices;
WHEREAS, persons interested appeared and testified at said hearing, oral and documentary evidence and testimony, for and against the adoption of the Plan, was duly presented and duly considered by said Board, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the Plan were fully heard and considered by said Board;
NOW, THEREFORE, said Board does hereby FIND, DETERMINE and ORDER, as follows:

1. That any and all protests objecting to the Plan or to its adoption, and all persons desiring to be heard in relation to the Plan, whether as protestants or otherwise, have been fully heard and considered by this Board, and are hereby overruled.

2. That the public interest, convenience and necessity
require the development of the Community in the manner proposed in the Plan.

3. That the land uses in the Community (other than the
Shoreline Regional Park) are predominantly agricultural with some industrial uses and residential uses in varying degrees of deterioration, and that the park and the other territory included in the Community through which the public will gain access to the park is a single comprehensive land unit, comprised of public and private lands.
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Attachment 8
D 366 l'ACE445

4. That the purposes of this noard in adopting the Plan are to ennblc public authority and private interests to cooperate in the development of a community which will: (a) contribute to better living conditions through i�proved overall community design; (b) wake substanLial contributicns to the sound and ecor.omic growth of the area; (c) provide opportunities for innovation in community development technology and land use planning; (d) enlarge employment and ir.vcstment o�portunities; and (e) provide a suitable environment to a significant public regional recreational facility, namely, the Park.

5. That the "North Bayshore Area Plan", dated March, 1976, and as amended December 15, 1977, on file in the office of the Secretary, is hereby referred to and incorporateo into this Resolution by reference.

6. That said Plan is hereby approved and adopted as the official plan for the Community and designated as such.

7. That this Board does hereby find and determine that the area of the community, exclusive of the park, is characterized and blighted by:
_ (a) The existence of buildings and structures in parts of the area used or intended to be used for living, commercial and industrial purposes which are unfit or unsafe to occupy for such purposes and are conducive to ill health and transmission of disease because of the combination of the following factors:
(1) Defective design and character of physical
construction.
spacing.
(2) Faulty interior arrangement and exterior
(3) Inadequate provision for ventilation, light,
sanitation, open spaces and recreation facilities.
(4) Age, obsolescence, deterioration and
dilapidation.
(b) The existence of substantial areas which are subject to being submerged by water.
(c) Inadequate and inefficient vehicular traffic patterns.

8. It is further�found and declared that the existence of these conditions presents difficulties and handicaps which are beyond remedy and control solely by private interests and the regulatory processes in the exercise of the police power under present laws.
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D 366 FAGE446

9. It is further found and declared that there is a great need for the correlation of the Community and of the park with other areas of the City and 'county, by streets and public places, and without governmental help the Cor.Jnunity cannot be developed on a planned, coordinated and productive basis and such lack of governemtal help will preclude the proper development of the park and inhibit its use to the detriment of the people of the City, county and state, all of which results in a compelling Community economic need for the Community to function pursuant tothe Plan.

10. It is further found and declared that the private
assembly of land in the Community for development is so difficult and costly that it is uneconomic and as a practical matter impossible for private persons and owners to undertake because of lack of legal power and excessive costs. The Community requires replanning and land assembly for reclamation and development in the interest of the general welfare because of scattered ownership and its proximity and relation to the park. The remedying of these conditions requires the public acquisition, at fair prices of adequate areas, the clearance of such areas through demolition of existing obsolete, inadequate, unsafe and insanitary buildings, and the development and redevelopment of the Community under proper supervision, with appropriate planning and continuing land use and construction policies.

11. It is further found and declared that
(a) The Plan will redevelop the area in conformity with the Mountain View Shoreline Regional Park Community Act (the "Act") and in the interests of the public peace, health, safety and welfare. (b) The adoption and carrying out of the Plan is
economically sound and feasible.
(c) The Plan conforms to the master or general plan of
the City of Mountain View.
(d) The carrying out of the Plan will promote the public peace, health, safety and welfare of the City of Mountain View and will effectuate the purposes and policy of the Act.
(e) The condemnation of real property for the public
purposes, set forth in the Plan, is necessary to the execution"of the Plan and adequate provisions have been made for payment of property to be acquired as provided by law through through the issuance of bonds as proposed in the Plan.

12. That the boundaries of the project area covered in the Plan are coextensive with the boundaries of the Community as set forth in the Act, which boundaries are incorporated herein by reference.

13. That said Community intends to issue bonds under Article 9 of the Act as funds are required to implement said Plan, to bear interest at the rate of not to exceed eight percent (8%) per annum, to mature over a period of not to exceed thirty (30) years in the estimated total amount a', set forth 1n the Plan, the principal .:ind interest on which are payable:
3 D 366 PACE447
(a) Exclusively from the income and revenues of the
development or redevelopment projects together with financial assistance from the state or federal government in aid of the projects.
(b) Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of the bonds.
(c) In whole or in part from taxes allocated to, and
paid into a special fund of, the community pursuant to the provisions of Section 154 to 157, inclusive, of the Act. (d) From Community revenues generally.
(e) From any contributions or other financial assistance from the City, county, the state or federal government or any person. (f) Any combination of these methods.

If the bonds are issued under any of the acts specified in Article 7 (commencing with Section 90) of the Act, the procedures and requirements of those acts shall apply.

Any of such bonds may be additionally secured by a pledge of any revenues or by an encumbrance by mortgage, deed of trust or otherwise of any project or other property of the Community or by a pledge of the taxes referred to in subdivision (c) of Section 131 of the Act or by any combination thereof.

14. That there shall be recorded with the County Recorder of the County of Santa Clara a description of the land within the project area and a statement that proceedings for the revitalization and redevelopment of the project area have been instituted under the Act.

15. That all applicants for building permits in the project area for a period of two years after the date of adoption of this Resolution shall be advised by the building department of the City that the site for which a building permit is sought for the construction of buildings or for other improvements is within a project area of the Community.

16. That the Secretary shall forthwith transmit a copy of the description and statement recorded pursuant to Section 14 of this Resolution, a copy of this Resolution, and a map or plat indicating the boundaries of the project area to the auditory and tax assessor of Santa Clara County; to the officer or officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County assessment roll or do not collect its taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any property in the project area; and to the State Board of Equalization.

The portion of taxes mentioned in subdivision (b) of Section 154 of the Act shall be allocable and payable for the fiscal years 1978-79 and thereafter until any and all indebtedness secured thereby is fully paid and discharged.
* * * * *
4 D 366 PACE 448
The foregoing Resolution was regularly introduced and adopted at a regular meeting of the Board of Directors of the Mountain View Shoreline Regional Park Community, held on the l�th day of December, 1977, by the following roll call vote:

AYES: Boardmembers: Frosolone, Lyon, Moss, Nichols,
Wilmuth; President: William A. Allen
NOES: None
ABSENT: Perez
NOT VOTING: None
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5 5883835
D 366 �ACE 444

OFFICIAL RECORDS

SANTA CLARA COUNTY

GEORGE A MANN
REGISTRAR R£.COROEP
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FOR BENEFIT 0111
\ .. -· . Return to:

CITY OF MOUNTAIN VIEWWJML:KIJ:dh

RECORDED FREE
5883836 12122t)77 366 P�G£449
City Cieri<
P. O. Box 10
FILED FOR REOORDAT�E r.gF.
&!7 u.'
· ·ount�in View, CA 94042

STATEMENT REGARDING PROCEEDINGS FOR

REDEVELOPMENT OF PROJECT AREA D
DEC 2 2 �2 PH";;

OFFICIAL RECORDS
G
S
E
ANT A CLARA COUNTY0RG€ A MANN AEGISlRAR RECORDER
366 PACE449

REDEVELOPMENT PLAN FOR THE NORTH BAYSHORE -AREA

MOUNTAIN VIEW SHORELINE REGIONAL PARK COMMUNITY
NOTICE IS HEREBY GIVEN that proceedings for the revitalization, development and redevelopment of the project area hereinafter des­ cribed have been instituted under the Mountain View Shoreline Regional Park Community Act of the State of California.

A description of the land within said project area is hereto attached, marked Exhibit "A", made a part hereof, and incorporated herein by reference.

The redevelopment plan for said project area is identified as "North Bayshore Area", is dated March, 1976, as amended December 15, 1977, is on file in the office of the Secretary of the Mountain View Shoreline Regional Park Community, and contains the provision per­ mitted by Section 154 of the Mountain View Shoreline Regional Park Community Act of the State of California.

Dated: December .n_, 1977
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Park Commu,nity
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EXHIBIT "A"

LEGAL DESCRIPTION OF PROJECT AREA

NORTH BAYSHORE AREA
D . 366 PAGE 450
The Mountain View Shoreline Regional Park Community is hereby created to consist of the territory in Santa Clara County bounded and described as follows, to wit:

BEGINNING at a point on the centerline of that certain Santa Clara County Flood Control easement known as "Stevens Creek" and the intersection thereof with the northerly right of way line of Route 68, District IV, known as Bayshore Highway;
THENCE northerly along said centerline of said Stevens Creek approximately 9,700 feet to the intersection thereof with the southerly line of the Leslie Salt Co. dike for Salt Pond No. 2;
THENCE northwesterly and southwesterly along said southerly line of the Leslie Salt Co. dike approximately 5,000 feet to the Mountain View Slough and a point on the southerly line of Leslie Salt Co. dike for Salt Pond No. 1;
THENCE northwesterly approximately 4,400 feet to the intersection thereof with the northerly prolongation of the westerly right of way line of San Antonio Road;
THENCE southerly along said westerly right of way line and prolongation thereof approximately 1,100 feet to the intersection thereof with the northerly right of way line of Terminal Avenue;
THENCE easterly along said northerly right of way line of Terminal Avenue approximately 1,100 feet to the intersection thereof with the easterly line of Fairview Ditch;
THENCE southerly along last said easterly line approximately 3,000 feet to the point of intersection thereof with said northerly right of way line of Bayshore Highway;
THENCE southeasterly along said northerly right of way line approximately 10,500 feet to the point of beginning; containing an area of 1,350 acres more or less; excepting therefrom any part of that parcel of land des­ cribed as Exception 2, Parcel SC-9, Exhibit "A" of Patent Number 5225 dated January 26, 1968, issued by the State of California to Leslie Salt Co., a Delaware Corporation, and recorded February l, 1968, in Book 8013, page 394, O.R., Serial No. 3362399, Official Records of Santa Clara County.

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