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HomeMy WebLinkAboutReso 40-1990 RESOLUTION NO. 40-90 ~ITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION REAFFIRMING APPROVALS IN SUSPENSION FOR THE NON-RESIDENTIAL COMPONENTS OF THE SHEARWATER DEVELOPMENT PROJECT 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. Cit.v of South San Francisco, et al., (No. A037783, First Districtl concluded that it was error for the Superior Court to allow such reinstatement prior to preparation of a supplemental environmental impact report v~cated 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 WNERE~S, 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 Supp'emental Environmental Impact Report (SEIR), the FEIR and SEIR have been ana'yzed 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 alternat"ves and mitigation measures; and WNERE&S, 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 itsianalysis, the City Council desires to consider reinstatement of the suspended approvals; and WHEREAS, to establish a complete and accurate record, the City Council has orderedlthat the independent consultant's report be made a part of the record of thes~ proceedings. NOW, iTHEREFORE, BE IT RESOLVED by the City Council of the City of South San FrancisCo that it finds as follows, with regard to the Final Environmental Impact deport and Supplemental Environmental Impact Report (together "EIR") and theiShearwater Development Project as modified by the deletions of the residential component: 1. No isubstantial changes are proposed in the project which would require important revisions to the EIR due to the involvement of new significant environmental impacts not considered in a previous EIR on the project. 2. No isubstantial changes have occurred with respect to the circumstances under which the project is undertaken which will require important revisions to the EIR due to the involvement of new significant environmental impacts not covered in a previous EIR. 3. No inew information of substantial importance to the project has become available which was not known and could not have been known at the time the previous EIR was certified as complete. 4. The various portions of the Shearwater Development Project are able to funiction independently from each other and the scope of the project requires that it be de~eloped in phases. 5. Fulil and fair consideration of a residential component will not be preijudiced by commencement of one or more of the non-residential components. 6. In ilight of the FEIR and the SEIR it is appropriate, proper and within the! Council's power to ratify, reinstate, and readopt the approvals suspended by the Court of Appeal ruling. BE ITi FURTHER RESOLVED that the City Council of the City of South San Francisco hereby ratifies, reinstates and readopts the actions previously taken: ~ 1. ResDlution No. 195-86: A Resolution Adopting Findings Concerning the Resiidential Component of the Shearwater Development Project 2. Resolution No. 196-86: A Resolution Rescinding General Plan Amendment GP85-28, As Adopted by Resolution No. 259-85 (Shearwater Development Project) 3. Res Imp )lution No. 197-86: A Resolution Certifying the Final Environmental ~ct Report for the Modified Shearwater Project 4. Resolution No. 198-86: A Resolution Adopting Findings and A Statement of Fact Supporting Findings With Regard to the "Final Environmental Impact Report for the U.S. Steel Redevelopment Project" (Modified Shearwater Development Project) 5. Reslolution No. 199-86: A Resolution Adopting A Statement of Overriding Conlsideration Related to Approval and Adoption of the Modified Shearwater Dev!elopment Project 6. Resiolution No. 200-86: A Resolution Authorizing the Execution of an Owner Pariticipation and Development Agreement By and Between the Redevelopment Agelncy of the City of South San Francisco, the City of South San Fraincisco, and Neville H. Price and Rosemary C.I. Price (Modified Shearwater Development Project) 7. Approval of Motion of Tentative Subdivision Map SA-85-91 I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting AYES: NOES: leld on the 11th day of April , 1990 by the following vote: Councilmembers Jack Draqo, Gus Nicolopulos, John R. Penna, Roberta Cerri Teqlia, and Chairman Richard A. Haffev None ABSTAIN: ABSENT: None None ~ATTEST' ~~ ~ · City Clerk 3