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
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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.
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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
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