HomeMy WebLinkAboutOrd 1079-1990ORDINANCE NO. 1079-90
AN ORDINANCE RATIFYING, REINSTATING, AND
READOPTING ORDINANCE NO. 1008-87 PERTAINING
TO CHAPTER 20.61 (SHEARWATER SPECIFIC PLAN
ZONE DISTRICT) OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE)
WHEREAS, in December of 1986, the City Council of the City of South San
Francisco, after receipt of a Superior Court writ directing that prior
approvals of the Shearwater Development Project (the "Project") be vacated
pending preparation of a supplemental environmental impact report, but also
expressly allowing reinstatement of the approvals for the non-residential
components of the Project if certain findings were made, reapproved the non-
residential components of the Project; and
WHEREAS, the City and County of San Francisco acting through the San
Francisco Airport Commission appealed from that portion of the judgment of the
Superior Court allowing such reinstatement; and
WHEREAS, the Court of Appeal of the State of California, in City and County
of San Francisco v. City of South San Francisco, et al., (No. A037783, First
District) concluded that it was error for the Superior Court to allow such
reinstatement prior to preparation of a supplemental environmental impact
report vacated the judgment and ordered suspension of further development of
the Project pending completion of a supplemental environmental impact report;
and
WHEREAS, a supplemental environmental impact report has been prepared and
certified by the Redevelopment Agency of the City of South San Francisco; and
WHEREAS, the City Council now desires to address the approvals it adopted
in December of 1986 that have been suspended by the decision of the Court of
Appeal; and
WHEREAS, to assist the City Council in evaluating the suspended approvals
and assessing the environmental impacts thereof, and in view of the passage of
time since certification of the Final Environmental Impact Report (FEIR) and
the Supplemental Environmental Impact Report (SEIR), the FEIR and SEIR have
been analyzed by an independent environmental consultant who has determined
that those documents comply with the law and fully, fairly and accurately
described the environmental impacts of the proposed Project, Project
alternatives and mitigation measures; and
WHEREAS, based upon the FEIR, the SEIR, the consultant's report, the other
information available to it and the policy and other considerations that bear
upon its analysis, the City Council desires to consider reinstatement of the
suspended approvals; and
WHEREAS, to establish a complete and accurate record, the City Council has
ordered that the independent consultant's report be made a part of the record
of these proceedings, and
WHEREAS, the City Council now desires to ratify, reinstate and readopt the
provisions of Ordinance No. 1008-87.
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
Ordinance No. 1008-87 Pertaining to Chapter 20.61
(Shearwater Specific Plan Zone District) of the
South San Francisco Municipal Code deleting the
Residential Component is hereby ratified,
reinstated and readopted.
Introduced at a reqular
of South San Francisco, held the
meeting of the City Council of the City
11th day of April , 1990.
Adopted as an Ordinance of the City of South San Francisco at a reqular
meeting of the City Council of the City of South San Francisco, held the
25th day of April , 1990, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Jack Drago, Gus Nicolopulos, John R. Penna,
Roberta Cerri Teglia, and Richard A. Haffey
None
None
None
City Clerk ~y~
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 25th day of April , 1990.