HomeMy WebLinkAboutReso RDA 1-1990 RESOLUTION NO. 1-90
REDEVELOPMENT AGENCY OF THE 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. 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 Agency; 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.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco that it finds as follows, with regard to the Final
Environmental Impact Report and Supplemental Environmental Impact Report
(together "EIR") and the Shearwater Development Project as modified by the
deletions of the residential component:
1. No substantial 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 substantial 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 new 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
function independently from each other and the scope of the project
requires that it be developed in phases.
5. Full and fair consideration of a residential component will not be
prejudiced by commencement of one or more of the non-residential
components.
6. In light of the FEIR and the SEIR it is appropriate, proper and within
the Agency's power to ratify, reinstate, and readopt the approvals
suspended by the Court of Appeal ruling.
BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of South
San Francisco hereby ratifies, reinstates and readopts the actions previously
taken:
1. Resolution No. 9-86: A Resolution Adopting Findings Concerning the
Residential Component of the Redevelopment Project Known as the U.S.
Steel Plant Site Redevelopment Project (Shearwater Development Project)
2. Resolution No. 10-86: A Resolution Certifying the Final Environmental
Impact Report for the U.S. Steel Plant Site Redevelopment Project
(Modified Shearwater Development Project)
3. Resolution No. 11-86: A Resolution Authorizing the Executive of an Owner
Participation and Development Agreement by and between the Redevelopment
Agency of the City of South San Francisco, the City of South San
Francisco, and Neville H. Price and Rosemary C.I. Price (Modified
Shearwater Development Project)
2
4. Resolution No. 8-89: A Resolution Certifying the Final Supplemental
Environmental Impact Report for the U.S. Steel Plant Site Redevelopment
Project
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the Redevelopment Agency of the City of South San Francisco at a
regular meeting held on the 11th day of April , 1990 by the
following vote:
AYES: Redevelopment Agency Boardmembers Jack Draqo, Gus Nicolopulos,
John R. Penna, Roberta Cerri Teqlia, and Chairman Richard A. Haffey
NOES: None
ABSTAIN: None
ABSENT: None
C ~r~nc~gency of
City of South San sco
ATTEST: ~
Clerk
Redevelopment Agency o
City of South San Francisco
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