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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.