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HomeMy WebLinkAboutReso 195-1986 RESOLUTION NO. 195-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING FINDINGS CONCERNING THE RESIDENTIAL COMPONENT OF THE SHEARWATER DEVELOPMENT PROJECT WHEREAS on May 8, 1985 the City Council adopted Resolution No. 93-85 certifying as complete the Final Environmental Impact Report for the Shear- water Development Project; and WHEREAS, on December 11, 1985 the City Council adopted Resolution No. 257-85 adopting findings and a statement of facts supporting the findings with respect to the Shearwater Project, adopted Resolution No. 258-85 adopting a statement of overriding considerations related to approval and development of the Shearwater Project, adopted Resolution No. 259-85 amending the General Plan to permit residential density of 40 units per acre for the Shearwater Project, and adopted Resolution No. 260-85 approving and authorizing execution of the Owner-Participation and Development Agreement for the Shearwater Project, and adopted by motion the tentative map for the site; and WHEREAS, on January 8, 1986 the City Council adopted Ordinance No. 996-86 adding Chapter 20.61 entitled "Shearwater Specific Plan Zone District" to the South San Francisco Municipal Code; and WHEREAS, the City and County of San Francisco filed a lawsuit challenging the validity of the actions approving the Shearwater Project, the adequacy of the Final EIR prepared in connection therewith, as well as the adequacy of the findings made by this Council in connection with the certification of the Final EIR, and asserting other alleged legal deficiencies, the action being entitled City and County of San Francisco v. City of South San Francisco, et al., San Mateo County No. 303853 (the "Action"); and WHEREAS, on November 26, 1986, the Court issued its Writ in the Action commanding this Council to set aside its approval of the Shearwater Project pending reconsideration of the Residential Component, after preparation and certification of a supplemental EIR to consider a "no-residential" alternative for the portions of the Project initially approved for residential use; and WHEREAS, the Writ provides that: "Prior to certification of the SEIR [Supplemental Environmental Impact Report considering the no- residential alternative] you [the Council] may reinstate the vacated actions and resolutions with respect to all portions of the Project other than the Residential Component if you are able to find that: (a) The Residential Component is not an integral and indispensible part of the Project; (b) Approval of all portions of the Project without approval of the Residential Component will not prejudice full and fair consideration of the Residential Component, alternatives to the Resi- dential Component and additional mitigation measures in accordance with the terms of this Writ, after prepara- tion and certification of the SEIR, in light of the information therein contained;" and WHEREAS, in remarks on the record at the conclusion of argument concerning the form of the Writ, the Honorable Harlan K. Veal, Judge of the Superior Court who presided over the Action, restated and reemphasized his conclusion that his decision was not intended to affect or require modification of the approvals of any portion of the Shearwater Project, other than the Residential Component, if the Council could make the findings referred to above and approve the Project without the Residential Component pending reconsideration of that portion of the Project; and -2- WHEREAS, the City Council has reviewed the matter of the Residential Component in terms of its significance to the Shearwater Project as a whole; and WHEREAS, the City Council has directed the preparation of a supplemental environmental impact report to analyze alternative uses to the Residential Component and will review that supplement at a later date; and WHEREAS, having considered the initial approvals in the light of the Writ, the Council desires to reinstate its approval of the Shearwater Project as to all portions thereof other than the Residential Component, revising the Project description to delete the Residential Component (pending reconsideration as re- quired by the Writ) and restating its original findings as to the Project as so revised. NOW, THEREFORE, the City Council of the City of South San Francisco finds that: 1. The Residential Component is not an integral and indispensable part of the Shearwater Project. a. Various portions of the Shearwater Development Project are able to function independently from each other. b. The scope of the project requires that it be developed in phases and there is no need for the portion originally identified as residential to be developed at an early stage. 2. Approval of all portions of the Shearwater Project without approval of the Residential Component will not prejudice full and fair considera- tion of the Residential Component, alternatives to the Residential Component and additional mitigation measures. -3- a. The Residential Component and various alternatives including a no-residential alternative will be reviewed, as ordered by the Court, after preparation and certification of a supplemental environmental impact report. b. A range of uses, from less intense to more intense, can be incorporated into the site. Such uses may result in less traffic or be less noise-sensitive than the proposed residential density. The information derived from the Supplemental EIR will be used to evaluate the alternative uses. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an adjourned r~glJl~r meeting held on the 17th day of December , 1986 , by the following vote: AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia and Mark N. Addiego NOES: None ABSENT: None City Clerk -4-