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HomeMy WebLinkAbout2227 ORDINANCE NO, 2227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, MAKING CERTAIN AMENDMENTS TO THE TEXT OF THE ARCADIA ZONING CODE TO ADD A "COMMERCIAL- ENTERTAINMENT" ZONE AND REGULATIONS THERETO; AND AMENDING THE ZONING DESIGNATION OF CERTAIN PROPERTY WITHIN THE CITY FROM "S-I" AND "R-I", TO "SP S-I", "SP R-I" AND "SP CE" WITH RESPECT TO THE SHOPS AT SANTA ANITA PARK WHEREAS, the City of Arcadia, as a function of its regulatory authority, is empowered, under Arcadia Municipal Code, Section 9293,9 to amend the text of its Zoning Code (Arcadia Municipal Code, Title 9) and to amend the zoning designations ofland within the City, by adoption of an ordinance; and WHEREAS, in April 2006, Caruso Property Management submitted an application for the following land use entitlements on an approximately 304-acre property more commonly known as Santa Anita Park ("Project Site"): a General Plan Amendment ("GPA") (05-01), along with applications for adoption of The Shops at Santa Anita Park Specific Plan (05-01), Zone Change (05-04), Development Agreement, and Architectural Design Review including the Santa Anita Park Design Guidelines and Sign Program ("Design Review") for the Shops at Santa Anita Park Specific Plan Project (the "Project"). The Project generally consists of (l) an 806,405 square foot ("sf") commercial, retail, and office center, arranged as a new pedestrian-oriented Main Street, to be constructed on the southern parking lot of the Project Site; (2) relocation of the 1938 Saddling Barn to the original 1934 location in the Paddock Gardens to the west of the existing Kingsbury Memorial Fountain, and demolition of the south ticket gates; (3) a 1.4 acre landscaped open space area linking the existing Paddock Gardens with the proposed new commercial, retail, and office center; (4) a 3.5 acre water feature 2227 located within a 7,S acre open space area at the southern end of the Project Site; (S) improvements to vehicle and pedestrian access, parking, infrastructure, and other ancillary facilities throughout the Project Site, as well as off site, to support the development, which will result in the demolition of four non-historic structures in the stable area; and (6) a new wireless electric trolley traveling on fixed rails between the expanded Paddock Gardens at the north end of Main Street and the water feature and promenade at the south end of Main Street; and WHEREAS, on March 19,2007, a duly noticed public hearing was held before the Planning Commission on the proposed Zone Change, along with the other applications identified above, including the Environmental Impact Report ("EIR") for the Project, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, after the public hearing, on March 21, 2007 the Planning Commission adopted Resolution No. 17S7 recommending to the City Council approval of General Plan Amendment (OS-OI), Specific Plan (OS-Ol), Zone Change (OS-04), the Development Agreement and Design Review for the Shops at Santa Anita Park and certification of the EIR, as recommended by the Development Services Department and subject to certain conditions of approval; and WHEREAS, on April II, 2007, a duly noticed public hearing was held before the City Council on said applications, including the EIR, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. 2 2227 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1, That the factual data submitted by the Development Services Department in the associated Staff Report and EIR is true and correct. SECTION 2. That the City Council finds, based upon the entire record, including all written and oral evidence presented, that with respect to the proposed Zone Change: (i) for the reasons set forth in Exhibit "A", attached hereto and incorporated by reference, the proposed Zone Change (05-04) is consistent and compatible with the City's General Plan, as amended, as well as the goals, objectives, policies and action programs of the City's General Plan, as amended, (ii) the proposed Zone Change (05-04) is consistent with the Shops at Santa Anita Park Specific Plan, The zoning changes made by this Ordinance add Specific Plan zoning designations to the Arcadia Municipal Code in order to incorporate the regulations of the Specific Plan into the Arcadia Municipal Code, To the extent that the zoning is changed, this is intended to designate land uses within the Project Site in such a way to facilitate development of the Project in the manner called for in the Specific Plan. (iii) the public necessity, convenience, general welfare, and good zoning practice, justify the proposed Zone Change, The amended General Plan has articulated the City's vision of what kind of project will serve the public necessity, convenience and general welfare for future development of the Project Area, A project of the typt: set forth in the Specific Plan implements those General Plan policies and goals and the proposed Zone Change, as set forth in this Ordinance, implements the Specific Plan. As such, the proposed Zone Change, as set forth in 3 2227 this Ordinance, demonstrates good zoning practice of the City, consistent with the City's General Plan. SECTION 3. An Environmental Impact Report ("EIR") (State Clearing House No, 2005031131) has been prepared for the Project and the proposed Zone Change in accordance with CEQA and the State CEQA Guidelines, SECTION 4, Based upon the EIR, the administrative record, and all written and oral evidence presented to the City Council, the City Council finds that the environmental impacts of the Project and the Zone Change are either less than significant, can be mitigated to a level of less than significant through implementation of the mitigation monitoring and reporting program outlined in the EIR, or with respect to those environmental impacts of the Project and the Zone Change that have been found to not be mitigable to a level less than significant, these impacts are identified in the EIR and a Statement of Overriding Considerations has been adopted by the City Council for those impacts which outlines the economic, social, legal, or technological benefits to the community that outweigh those environmental impacts. As discussed in greater detail in the City Council's Resolution 6564 certifying the EIR for the Project, the City Council finds that the EIR is supported by substantial evidence and that it contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and the Zone Change and reflects the independent judgment of the City CounciL SECTION 5, The City Council further finds and declares that the Project and Zone Change comply with CEQA as set forth in Resolution No, 6564 for this Project. SECTION 6. Sections 9231.21, 9231.21.1, 9231.21.2, 9231.21.3 are hereby added to the Arcadia Municipal Code to read: 4 2227 9231.21 SP Specific Plan 9231.21,1 SP S-I Specific Plan Special Use Zone 9231,21,2 SP CE Specific Plan Commercial Entertainment Zone 9231.21.3 SP R-I Specific Plan Second One-Family Zone SECTION 7. Section 9297 et seq, is hereby added to the Arcadia Municipal Code to read: Division 7 Specific Plan - Santa Anita 9297, SPECIFIC PLAN - SANTA ANITA. PURPOSE AND INTENT. The Santa Anita Park Specific Plan is a planning tool to guide development and design of the Shops at Santa Anita Park and includes the zoning designations of SP S-I, SP CE and SP R-1. Regulations and design guidelines for the SP S-I, SP CE and SP R-1 zones with related implementing actions are set forth in Ordinance No, 2226 adopting the Santa Anita Park Specific Plan. SECTION 8. That for the foregoing reasons, the City Council approves Zone Change 05-04 for the "Shops at Santa Anita Park" from S-l and R-l to SP- S-I, SP-CE, SP-R-1 as set forth in Sections 6 and 7 and the map attached hereto as Exhibit "B". Official Zoning Maps 9233.7, 9233.9 and 9233.10 of the City shall be amended accordingly and incorporated by reference into this Ordinance. SECTION 9, Any and all references to the Simulcast Center in this Ordinance or in any Exhibits attached hereto shall be deemed to be not a part of this Ordinance, and shall be deemed to constitute typographical errors which may hereafter be corrected by City Staff. 5 2227 SECTION lO. This Ordinance shall become effective on the thirty-first (31 SI) day following its adoption. SECTION 11. Severability, If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared unconstitutional or otherwise invalid, SECTION 12. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption, Passed, approved and adopted this 1st day of May ,2007. 1JtaJn~/I~ Mayor of the City of rcadia ATTEST: ~c/~ ity Clerk ~ APPROVED AS TO FORM: t4~ 0.~ Stephen p, Deitsch City Attorney 6 2227 EXIDBIT "A" FINDINGS OF CONSISTENCY WITH THE GENERAL PLAN FOR THE SHOPS AT SANTA ANITA PARK SPECIFIC PLAN (SP 05-01); ZONING TEXT AMENDMENT AND ZONE CHANGE FROM "S-I" AND "R-l", TO "SP S-I", "SP R-l" AND "SP CE" (ZC 05-04); AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND SANTA ANITA ASSOCIATES, LLC, ALL WITH RESPECT TO THE SHOPS AT SANTA ANITA PARK. PREFATORY NOTE: Reference is made throughout this document to the "Project". For purposes of these Findings, the "Project" is a collective reference to the "Shops at Santa Anita Park Specific Plan Project" and includes the development allowed by each of the following land use entitlements, Shops at Santa Anita Park Specific Plan (SP 05-01) ("Specific Plan"); Zoning Text Amendment and Zone Change of Land within the Specific Plan Area from "S-I" AND "R-l", TO "SP S-l", "SP R-I" AND "SP CE" (ZC 05-04) (collectively, "Zoning Amendments"); and Development Agreement between the City of Arcadia and Santa Anita Associates, LLC ("Development Agreement"), I It is noted that in order for the City Council to approve each of the above land use entitlements, the Council must find that each is consistent with the General Plan of the City of Arcadia, as amended, Because the findings of General Plan consistency for the collective Project are fundamentally the same as they would be for each individual land use entitlement, for the sake of simplicity the General Plan consistency findings have been consolidated into one single document, which is attached to and incorporated by reference into the findings for each individual land use entitlement for the Project. These findings demonstrate that the Project is consistent with the applicable goals, strategies and standards of the General Plan, The Courts in Sequoyah Hills Homeowners Assn, v, City of Oakland (1993) 23 CaLAppAth 704, 712, 717 and Greenbaum v. City of Los Angeles (1984) 153 CaL App.3d 391, 406-407 recognized that no project could completely satisfy every single policy or standard sta.ted in a general plan, and that State law imposes no such requirement, Rather, a 1 The Developer also seeks a General Plan Amendment (GPA 05-01) to develap the Project. These consistency findings are included directly within the Resalutian appraving the General Plan Amendment, (Resolution Na, 6565) and are not specifically referenced here, 7 2227 general plan is a document that tries to accommodate a wide range of competing interests, including those of developers, neighboring homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services, Therefore, as noted in Napa Citizens for Honest Government v, Napa County Board of Supervisors (2001) 91 Cal. AppAth 342, 379-380, a project will nevertheless be deemed consistent with the general plan, if considering all its aspects, it is compatible with and will not frustrate the general plan's goals and policies, even if it does not satisfy each and every provision of the general plan to the letter, These findings will address General Plan consistency in the order of the Chapters contained in the General Plan: Community Development ("CD") (General Plan, Chapter 2); Municipal Facilities and Services ("FS") (General Plan, Chapter 3); Environmental Resources ("ER") (General Plan, Chapter 4); Environmental Hazards ("EH") (General Plan, Chapter 5); and the City of Arcadia Housing Element (Separate Document from General Plan, adopted in 2005), While the General Plan also contains a Chapter 6, titled "Implementation and Monitoring Programs", this Chapter implements each of the Chapters/Elements stated above and reference is made to the standards contained in Chapter 6 throughout this Document.2 Further, these Findings also reference the analysis contained in the Draft Environmental Impact Report that was prepared for the Project, where appropriate and cite the pages in that document where evidence in support of these findings can be found. For purposes of citation references, the following abbreviations have the following meanings: GPS - General Plan Strategy(ies) (planning strategies outlined in Chapters 2 through 5 of the General Plan) Standard(s) - General Plan Urban Design Performance Standard(s) (design and development standards outlined in Chapter 6 of the General Plan that implement the goals and strategies set forth in Chapters 2 through 5 of the General Plan) Draft EIR - Draft Environmental Impact Report prepared for the Project under the California Environmental Quality Act. 2 The General Plan also cantains Chapter 1, which is an intraductary chapter that contains na additional goals, strategies or standards that are not already addressed in the other chapters, Therefore, these Findings contain na further discussian with respect ta Chapter 1, 8 2227 GENERAL PLAN CONSISTENCY FINDINGS: I. Communitv Develooment ("CD") Chaoter: The Project is consistent with the goals, objectives and strategies of the Community Development Chapter of the General Plan, as amended, as well as the design and development standards that implement that Chapter for the following reasons: A. Economic Vitality of the Santa Anita Park Racetrack. One of the primary goals articulated in the General Plan is the continued economic vitality of the Santa Anita Park Racetrack (the "Park" or "Racetrack") through development of compatible commercial uses, To accomplish this goal, the General Plan has, since the 1996 Update, envisioned the redevelopment of the southern parking lot from surplus parking space into a mixture of commercial uses of "urban intensity" to provide a regional attraction that will draw visitors to the Park and surrounding areas, Additionally, the General Plan acknowledges that the Park and neighboring Westfield Mall are currently separated by fencing and other barriers, The General Plan envisions the development of "functional linkages" between the properties so that patrons of the Mall, Racetrack and Project may walk, bicycle or drive between the properties so that patrons may more freely move between the properties without using the external public roadway system, increasing cross-patronage of each location while reducing traffic impacts, The Project will be subject to special design standards that recognize the unique characteristics and needs of this area, as opposed to the more general zoning and development regulations contained in the "R-I" and "S-I" zoning designations. The Specific Plan, Zoning Amendments, Development Agreement and Architectural Design Review, along with their corresponding conditions of approval and mitigation measures, will provide additional development guidelines consistent with the goals and objectives of the General Plan outlined above, and will ensure proper and diversified type, location, architecture, massing, color, and texture of uses and improvements that will complement both existing uses on the Site and surrounding uses. While the General Plan also emphasizes Arcadia's identity as a "community of homes" and endeavors to protect the integrity and quality of existing residential neighborhoods, the Project proposes to redevelop an existing commercial parking lot upon which no residential uses currently exist (although a portion of the Project Site is zoned "R-I "), Further, as indicated above, the land use entitlements, conditions of approval, and mitigation measures for the Project will ensure that the 9 2227 Project is compatible in style and scale with the existing primarily residential nature of the community, For example, no large retaining walls are proposed or pennitted for the Project. Any outdoor storage areas, loading areas, mechanical equipment areas, as well as exposed structural and mechanical elements will be screened from public view with appropriate enclosures, architecture or landscaping, The Project will also be required to maintain appropriate setbacks and buffer distance from neighboring residential uses to ensure compatibility with adjacent neighborhoods and land uses. CGPS CD-I, CD-4 through CD-6, CD-21 through CD-22; Standards #1,2,4,8-13, 17; Draft EIR, Sect. 4.8, pgs. 35-36, 40-44, 83-86, 88-90) B. Maintain the Economic and Social Vitality of the Community, The General Plan sets the following Community Development goals: 1, To provide for the retail and commercial service needs of Arcadia residents, 2, To provide appropriate opportunities for employment generating office uses consistent with the overall character of the community, 3. To reserve adequate land for public and quasi-public services, and to create physical places for Arcadia residents to interact and exchange ideas, and promote the development of a municipal auditorium or perfonning arts center. 4. To ensure an adequate supply of lands which can generate a municipal revenue stream for the City to continue providing residents high quality servIces, As indicated above, the Project will provide for the redevelopment of the southern parking lot at the Santa Anita Park into a mixture of commercial uses of "urban intensity" that will significantly expand the retail and commercial opportunities for both residents and visitors to the Park and surrounding areas, The Project would develop approximately 25,000 additional square feet of office uses, Although intended for occupancy by Arcadia Unified School District Employees, this office use would not preclude other employment-generating office projects within the City, Therefore, the Project would not be in conflict with the General Plan. The Project would not remove land previously allocated for public facilities or prohibit redevelopment of these types of uses on other sites, Further, the Project includes open plazas, pedestrian networks, eating areas, and 8,9 total acres of open 10 2227 space (7.5 acres of open space area including a 3,5 acre water feature located to the south of the project and a 1.4 acre landscaped open space area linking the existing Paddock Gardens with the proposed new commercial, retail and office center), as well as providing functional linkages between the Westfield Mall, the Project and the Racetrack. Additionally the Project would provide a space for community performing arts, school productions, and local organization meetings, with a seating capacity of approximately 400, All of these amenities will contribute to a vibrant day and evening environment within which Arcadia citizens may interact. The Project will serve as a diverse trade area with a mix of fashion retailers, restaurants, and shops, catering to upscale sophisticated patrons in the City and the surrounding area. Total sales from the Project are estimated to exceed $300 Million per year, generating substantial tax. revenue for the City, while also providing significant employment opportunities within the City (estimated at 1,300 pertnanentjobs). For these reasons, the Specific Plan, Zoning Amendments and Development Agreement adopted for the Project are consistent with the above-referenced Community Development goals, (GPS CD-3 and CD-16b; Draft EIR, Sect. 4,8, pgs, 41-43) C, Architectural Compatibility with the Racetrack Grandstand. The General Plan contains several approaches for development of the Project Site to maintain architectural compatibility with the existing historical Racetrack Grandstand and to preserve important community views of the Grandstand. However, the General Plan also acknowledges that development to the south of the Grandstand will not be able to preserve unobstructed views of the entire Grandstand structure, Therefore, the General Plan emphasizes that the Grandstand remain "recognizable from key locations along the perimeter of the Racetrack", including the views travelers get from Huntington Drive/Colorado Place, directly east of the Racetrack, as well as views of the unique architecture of the southerly Grandstand face. (General Plan, pgs. 2-17 through 2-19) As such, the General Plan requires any new commercial buildings and structures to respect these views and that the Grandstand remain "recognizable", However, no provision of the General Plan mandates that views of the Grandstand be maintained from any particular location in perpetuity, The Project is consistent with the General Plan, as amended, in that it continues to emphasize maintaining the visibility of the Grandstand from Huntington Drive/Colorado Place and Huntington Drive/Centennial Way, The Project will retain all historical vehicular access points and would provide for pedestrian access points to the Project. Entryways will be improved with decorative walkways, landscaping and signage to 11 2227 create a sense of place for visitors, Fencing and walls will be limited in the Project and will be decorative, appropriately transparent, and employ materials, colors and textures that minimize graffiti, glare, heat and reflection. (Standard #6; Draft EIR, Sect. 4.8, pg, 87) Although the Project proposes to remove some of the previous views of the Grandstand, it would ultimately result in increased overall opportunities for individuals to have "up close" experiences in viewing the Grandstand, ensuring the Grandstand's "recognizability" as called for in the General Plan, balanced against the competing General Plan policy of redeveloping the southern parking lot into a viable commercial project. Further, the Project is designed with a "Main Street" concept at a human scale, with varied architecture that is intended to complement the Grandstand's architecture rather than to clash with or obscure it. Additionally, the Project will enhance the economic vitality of Racetrack operations, (GPS CD- 16c; Standards #3, 5 and 6; Draft EIR, Sect. 4.8, pgs, 38-39, 44, 85-87) Lighting will be designed to be warm and pedestrian friendly. It will be designed to minimize glare and spillage onto adjacent properties. A project requirement is included to ensure that lighting will be screened to minimize illumination into the surrounding areas and to minimize glare or interference with vehicular lighting, (Standard #7; Draft EIR, Sect. 4,8, pgs, 87-88) D, Open Space and Parks, The General Plan contains policies for preserving the integrity and viability of existing open space areas, as well as providing a system of active and passive parks and open spaces of sufficient size and in appropriate locations to serve the needs of residents of all ages. The Project will not remove any open space. Rather, it will add 7,5 acres of open space, including a 3,5 acre water feature at the southern end of the Project site and a 1.4 acre landscaped open space area in the northern portion of the Project adjacent to the Paddock Gardens, all of which will be accessible to the public. Further, the water feature will be dedicated for passive use only. There will be no swimming, bathing, wading, boating or fishing in the water feature, The City's existing system of parks and recreational facilities is adequate to serve the Project beyond the open space to be provided, Additionally, all new landscaping shall relate to the overall Site Plan in order to enhance the structures and soften its effect upon the neighborhood, protect views, and protect it from sun and wind, (GPS CD-29 and FS-31; Standard #17; Draft EIR Sect. 4,8, pgs, 45, 51, 65 and 90) II. Municipal Facilities and Services ("FS") Chapter: The Project is consistent with the goals, objectives and strategies of the Municipal Facilities and Services Chapter of the General Plan, as amended, as well as the design and development standards that implement that Chapter for the following reasons: 12 2227 A. Transportation System and Traffic Impacts, One of the goals articulated in the General Plan is to maintain a transportation system that maximizes freedom and safety of movement, balances mobility and cost efficiency of maintenance, as well as reducing traffic impacts on neighborhood streets. The Project Developer has conducted a Traffic Impact Analysis of traffic patterns that would result from the Project. The Project would be managed through specific mitigation measures that would help maintain roadway performance objectives to the extent feasible, which include the construction of local traffic improvements as well as assisting in the implementation of subregional transportation improvement programs. Among the improvements identified are: 1, Physical improvements to public roads and intersections in the vicinity of the Project, 2. Construction of internal circulation roads and accessways that will facilitate movement of vehicles and pedestrians between the Racetrack, the Project and the Westfield Mall, without requiring movement on public streets and rights-of-way, 3. Establishment and operation of a shuttle service to and from the nearest Metro "Gold Line" station, 4, Incorporation of additional bus stops internal to the Project Site, 5. Establishment ofa neighborhood Traffic Management Plan, and 6. Certain bonding and funding for anticipated traffic improvements to offset other traffic impacts. Along these same lines, General Plan Strategies FS-I, FS-2 and FS-3 set the goal of maintaining public roadway operations at better than Level of Service ("LOS") "D" during non-racing season, LOS "E" during racing season for all race- related traffic, and LOS "c" on local residential streets. However, by Resolution 6493 (adopted by the City Council in 2005) although these are intended to be desirable goals, they have been interpreted by the City Council to be non- mandatory elements, The Council has determined that no single goal or strategy in the General Plan is intended to prevent development that is otherwise in harmony with ancl in furtherance of the General Plan. Further, the Council has determined that where LOS goals have already been exceeded, compliance with the City's Transportation Master Plan will constitute compliance with the General Plan. There are several intersections in the vicinity that currently exceed LOS "D" and it is established practice to approve development projects that may result in incremental decreases in LOS so long as the development is otherwise in harmony with the General Plan, Through incorporation of the traffic mitigation measures 13 2227 described above, the Project would be consistent with the Transportation Master Plan and, as such, would be consistent with the General Plan, (GPS FS-l through FS-3; Standard #19; Draft EIR, Sect. 4,8, pgs, 51-55, 91) Finally, it is anticipated that the Project will not require additional hours of manual traffic control during the racing season. However, if the City determines that such additional manual traffic control is necessary, the Project Developer will be required to participate in manual control to offset the added impact. (GPS FS-9 and ER-8; Draft EIR, Sect. 4.8, pgs. 56, 67) B. Maintaining Service and Facility Standards and Sharing of Costs, Another goal of the General Plan is to maintain municipal service and facility performance standards for existing and future development, realize cost efficiencies and to achieve an equitable sharing of the cost of municipal services and facilities, 1, Traffic. The Project Developer has analyzed the potential traffic impacts and the Project will incorporate or contribute to various mitigation measures in order to minimize impacts, both within the City of Arcadia and in surrounding communities, as more particularly discussed in the Section I1(A) above and in Resolution No, 6564 adopting CEQA findings for the Project. Where the City of Arcadia has no jurisdiction over certain mitigation measures, the City's policy is to work with outside communities to mitigate such impacts, Further, the Project, with mitigation, is consistent with the Congestion Management Program and Regional Transportation Plan requirements, (GPS FS-l through FS-4, FS-6 through FS-IO through FS-12, FS-15 and FS-16; Standard #20; Draft EIR, Sect. 4,8, pgs, 51-60,91) 2, Fire and Emergency Response. The Project will be adequately served by Fire Station No. 106, The Project will incorporate appropriate emergency access measures, smoke alarms, fire extinguishers, hydrant pressure and spacing, adequate fire flows and safety features required by State law and the Arcadia Municipal Code. Further, Arcadia Fire Department personnel were consulted in connection with review of the Project. (GPS FS-17, FS-27 and FS-28; Standards #24-26, 30; Draft EIR, Sect. 4.8, pgs, 51-62, 64, 92, 94) 3, Police Response/Crime Prevention. The Project will provide a private security force for the proposed "SP-CE" Zone that would be integrated into the existing private security force at the Racetrack. Prior to the issuance of the first building permit for the first retail building, a Master Security and Access Plan shall be submitted to the Fire Chief 14 2227 and/or Police Chief for review and approval that would outline all security operations during construction and operation of the Project, both current and anticipated, as wel1 as protocols by which the security force will interface with the Arcadia Police Department. The Project wil1 also make provision for Arcadia police officer workspace adjacent to or in connection with a planned private security office at the Project. Final1y, the Project will incorporate "defensible space" design features to discourage theft and other criminal activity at the Project. (GPS FS-17, FS-22 through FS-24; Standards #27-29; Draft EIR, Sect. 4,8, pgs, 51-64, 92-93) 4. Utility SupplyfInfrastructure. The needs of the Project have been analyzed and existing utility facilities serving the Project Site are anticipated to be sufficient to serve the demand of the Project. If necessary, the Project will be required to upgrade utility infrastructure to provide adequate services, such as potential expansion of water, sewer, solid waste, electricity, natural gas, telephone and cable infrastructure in order to equitably share the cost of increased municipal utilities/services serving the Project. (GPS FS-17; Draft EIR, Chap 4.8, pgs, 51-61) 5, Development Impact Fees. The Project will be required to pay a Traffic Impact Fee pursuant to the Development Agreement. (See Exhibit "D" of Development Agreement) 6. Added 'fax Revenue to Fund Municipal Services. Finally, the Project is anticipated to generate additional sales and property tax revenues that could be used by the City of Arcadia to fund additional infrastructure improvements, purchase additional equipment, as wel1 as to hire additional personnel that may be required to offset impacts due to the Project. This is consistent with the General Plan, as amended, in that the Project will "pay its own way" and municipal services impacts wil1 be minimized to the extent feasible, (Draft EIR, Sect. 4.8, pgs, 47-51) C. Maintaining Emergency and Disaster Response Preparedness, Another goal of the General Plan is to maintain a system of emergency and disaster response preparedness that will save lives, protect property, and facilitate recovery with a minimum of social disruption following minor emergencies, as well as after major catastrophic events. The Santa Anita Park has adopted an Emergency Action and Evacuation Plan (revised January 2005) to ensure adequate preparedness with rapid and appropriate response to emergency situations (i.e,: fire, explosion, hazardous materials release, medical emergencies, bomb threats, etc.) The Plan is in compliance with California law, The Project would not 15 2227 prohibit areas of the Project Site from being used as an evacuation center. Further, prior to issuance of building permits for the Project, the Developer will be required to submit to the City of Arcadia an Emergency Evacuation/Management Plan for the entire Specific Plan Area that will be integrated into the existing Santa Anita Park Emergency Action and Evacuation Plan, as well as with the City of Arcadia's 2004 Natural Hazard Mitigation Plan, (Draft EIR, Sect. 4.8, pg. 50) III. Environmental Resources ("ER") Chapter: The Project is consistent with the goals, objectives and strategies of the Environmental Resources Chapter of the General Plan, as amended, as well as the design and development standards that implement that Chapter for the following reasons: A, Air Ouality. One of the goals articulated in the General Plan is to achieve air quality conducive to good health and enjoyment of the area's climate and to assist in attaining Federal and State air quality standards, The Project Site has historically been designated as a commercial area under the General Plan and, since the 1996 Update, has been earmarked for redevelopment into a commercial and entertainment-oriented venue of "urban intensity". Given this fact, the Air Quality Management Plan ("AQMP") included commercial growth of the Site within its projections, Therefore, the Project does not jeopardize attainment of the air quality levels identified in the AQMP, even if they exceed the SCAQMD's recommended daily emissions thresholds, The Project would be required to comply with City regulations that implement the AQMP which are geared toward reducing pollutant emissions. Further, as outlined in Section Il(A) above, the Project would incorporate various traffic mitigation measures that would reduce vehicle trips and encourage use of public transportation, thereby reducing vehicle air pollution. (Draft EIR, Sect. 4.8, pgs, 65-66) B, Energy Resources, Another goal articulated in the General Plan is to ensure retention and proper stewardship of energy resources located within the City, The General Plan requires that all new large commercial development meet or exceed state and local energy conservation requirements, promote installation of heat recovery and co-generation facilities where feasible, and promote innovative building, site design and orientation techniques which minimize energy use to the extent feasible. All buildings within the Project will comply with the energy efficiency standards under Title 24 of the California Code of Regulations, However, it is not feasible to develop heat recovery or co-generation facilities at this location due to prohibitive cost and given the fact that the Project is principally retail in nature. 16 2227 The Project is designed to contain a varied collection of open-air plazas and pedestrian areas, as well as landscaped areas that would maximize solar gain and minimize heat-reflective surfaces, Further, the Project Developer will cooperate with SCE and the Gas Company on available energy conservation demonstration projects where feasible, (GPS ER-23, ER-26 and ER-27; Standards #34-35; Draft EIR, Sect. 4,8, pgs. 68-69, 95-96) The General Plan also seeks to facilitate the provision of energy efficient modes of transportation. As more specifically set forth above, the Project is a pedestrian-oriented development which would encourage the use of walking and public transportation. (GPS ER-28; Draft EIR, Sect. 4.8, pg. 69) C, Water Resources, Another goal articulated in the General Plan is to ensure retention and proper stewardship of water resources located within the City. The Project would incorporate various water conservation measures, such as low- flow plumbing fixtures and drip irrigation, (GPS ER-37 and ER-42; Draft EIR, Sect. 4,8, pgs. 72-73) Further, the Project will be required to comply with all NPDES, SWPPP, SUSMP, the City of Arcadia's Water Conservation Plan (AM.C, Section 7553.0) and various other water discharge mitigation measures consistent with those requirements, all of which prohibit violation of water quality standards. (GPS ER- 31; Standard #36; Draft EIR, Sect. 4.8, pgs, 69-70, 96) The Project will not contribute to a change that would result in any violation of the waste discharge requirements associated with the Racetrack. (GPS ER-32; Draft EIR, Sect. 4,8, pg, 70) The Project would also increase the amount of pervious surfaces to allow percolation of storm water into the ground, The area where the commercial entertainment project will occur is currently a 100% impervious parking lot. The Project would reduce surface lot hardscape area, add an approximately 7,5 acre open space area to the south side of the Project Site, of which 3,5 acres would be a water feature and four acres would be pervious landscaping. Further, the Project would develop 1.4 acres of open space to the north around the Paddock Gardens, The Project would also add buffer and other landscaping as well as a meandering sidewalk. Stormwater runoff would be filtered in accordance with NPDES requirements prior to discharge into the Arcadia Wash, (GPS ER-33, ER-35, ER- 36, ER-41 and ER-43; Standards #42 and 43; Draft EIR, Sect. 4.8, pgs. 70-73, 98- 99) The Project would also incorporate water-conserving landscaping to reduce water usage. (GPS ER-37; Draft EIR, Sect. 4,8, pg. 72) D, Cultural Resources, Another goal articulated in the General Plan is to ensure retention and proper stewardship of cultural resources located within the 17 2227 City. Building fa9ades would be individualized to reflect a variety of architectural styles designed to evoke the architecture and cultural history of horse racing, while also preserving views of the Grandstand, Further, as noted above, the project would help to revitalize the existing Racetrack and surrounding areas, preserving a central cultural feature of the City of Arcadia, (Draft ErR, Sect. 4,8, pgs, 66-67) (GPS ER-49; Draft ErR, Sect. 4,8, pgs, 73-74) The Santa Anita Park Historic District has been determined eligible as a National historical landmark and is currently a California state landmark. The Project would not result in the deli sting or loss of eligibility of the District on the National or California Register. (GPS ER-54; Draft ErR, Sect. 4.8, pg. 74) Although the Project Site is located within an area that may contain a portion of the Gabrielifio prehistoric village, mitigation measures will be in place to ensure that any earth-disturbing activities are supervised by a qualified archeologist to identify anyon-site archeological resources and, if the resources are significant, the archeologist will take appropriate measures to ensure that the scientific information that could be provided from these resources is not lost. (GPS ER-55 and ER-57; Standards #37-39; Draft ErR, Sect. 4,8, pgs, 74-75, 97-98) With respect to geological or paleontological resources, none are known to exist on the Project Site. However, if paleontological resources are discovered, mitigation measures are in place that would require the retention of a qualified paleontologist to assess any finds and provide appropriate treatment. (GPS ER-55, ER-56 and ER-58; Standards #37-39; Draft ErR, Sect. 4.8, pgs, 75, 97-98) E. Biological and Mineral Resources, A goal articulated in the General Plan is to ensure retention and proper stewardship of biological and mineral resources located within the City. However, with respect to biological, habitat, riparian or mineral resources, no such resources would be significantly impacted by the Project. (Standards #31-33; Draft ErR, Sect. 4,8, pgs. 66, 94-95) F, Mixed-Use Development. The General Plan also sets the goal of encouraging mixed-use development, where appropriate, in order to allow employees the opportunity to live and work at the same location, While the Project will not develop residential uses, it will include a mix of commercial, retail and office uses that would provide employment opportunities to persons living in nearby residential neighborhoods. (GPS ER-15; Draft ErR, Sect. 4,8, pgs.67-68) G, Waste Recycling. The General Plan also sets the goal of facilitating the City's Source Reduction and Recycling Chapter. The Project will comply with all City of Arcadia standards. (GPS ER-16; Draft ErR, Sect. 4,8, pg. 68) 18 2227 IV. Environmental Hazards ("EH") Chapter: The Project is consistent with the goals, objectives and strategies of the Environmental Hazards Chapter of the General Plan, as amended, as well as the design and development standards that implement that Chapter for the following reasons: A. Seismic Safety. One of the goals articulated in the General Plan is to incorporate adequate mitigation measures to achieve an acceptable risk from potential seismic hazards. While the Project is located in the Alquist-Priolo zone and would be subject to ground rupture, the Project will comply with all seismic safety regulations under the Arcadia Municipal Code and California Building Code to achieve an acceptable level of seismic risk. (GPS EH-l; Standards #40 and 41; Draft EIR, Sect. 4,8, pgs, 76, 79, 98) B. Flooding, Another goal articulated in the General Plan is to incorporate adequate mitigation measures to achieve an acceptable risk from potential flooding hazards, The SP CE zoned area is not located within the Morris Jones Inundation Zone or in the Santa Anita Dam Flood Hazard Zone. Further, the Developer will prepare an emergency evacuation/management plan for the Project, as more particularly referenced in Section U(C) above. The Project would also be designed to direct surface runoff away from the water feature, reducing the potential for flooding thereby. (GPS EH-9; Draft EIR, Sect. 4.8, pg. 79) C, Noise. Another goal articulated in the General Plan is to ensure that noise-sensitive land uses and noise generators are located and designed in such a manner so that (1) adverse noise effects ofthe Project are avoided on adjacent uses and (2) adverse noise effects of adjacent uses are avoided on the Project. A detailed noise analysis was prepared for the Project, which is referenced in the Draft EIR, Section 4,9. With respect to non-traffic noise, the Report concluded that either the Project would not generate operational noise in violation of the above standards or that noise-sensitive uses and noise generators will be designed in a way to reduce noise to below a level of significance (i,e,: rooftop HV AC equipment), Therefore, the objectives for non-traffic operational noise of the General Plan would be met. (GPS EH-13 through EH-15, EH-17 through EH-19; Standards #44, 45, 47, 48 and 50; Draft EIR, Sect. 4.8, pgs. 80-81, 98-102; Draft EIR, Sect. 4.9) In September, 2006, the City Council amended Perfonnance Standard #44 of the General Plan to remove thresholds related to traffic noise citywide that are already exceeded by existing conditions and do not reflect an accurate measure of an individual project's impacts. The Project has addressed this change to the General Plan. 19 2227 With respect to traffic noise, certain noise thresholds may be exceeded in the vicinity, However, noise levels are already being exceeded on most of the roadways surrounding the Project Site. As indicated in Section II(A)above with respect to traffic impacts, the General Plan does not require strict adherence to a particular standard if a project is otherwise consistent with the General Plan, Therefore, the Project is consistent with the General Plan for this purpose. (Draft EIR, Sect. 4,8, pgs, 77-78), D. Hazardous Waste, Another goal articulated in the General Plan is to ensure that all commercial, office and industrial uses within the City adhere to both the City's and the Los Angeles County Hazardous Waste Management Plan, as well as the most current amendments to California Code of Regulations, Title 22, All retail, office and commercial businesses within the Project will be required to comply with the City's and County's Plans, Cal-OSHA requirements, the Hazardous Materials Management Act, Title 22, and other applicable State and local requirements, Further, no hazardous materials other than routine cleaning compounds and possibly propane would be utilized in the Project, which would not present a significant risk of injury or harm to the environmental or the community through upset or accident. (GPS EH-21 and EH-23; Standard #52; Draft EIR, Sect. 4,8, pgs, 78-79, 81-82,103) Also, as required by the General Plan, a Phase I environmental assessment was also completed on the Project Site, as well as a geotechnical analysis to detennine the presence of hazardous substances on the Site. (Standard #53; Draft EIR, Sect. 4,8, pg. 103), V. Housinl!: Element: The Project is consistent with the goals, objectives and strategies of the Housing Element of the General Plan, as amended, as well as the design and development standards that implement that Chapter for the following reasons: The General Plan sets the goal of providing adequate sites to meet Arcadia's share of regional housing needs by accommodating 461 new dwelling units from 1998 through 2005, including adequate numbers of affordable housing. However, the Project does not provide for any residential units, since the Project Site has historically been designated in the General Plan as commercial and horse racing (although a portion of the Project Site is zoned "R-I "). The General Plan Housing Element identifies seven potential sites within the City for affordable housing, none of which include the Project Site. Therefore, while the Project will not provide any housing, it will not preclude the inclusion of housing in other areas of the City, Therefore, it is consistent with and will not conflict with the Housing 20 2227 Element of the General Plan. (GPS CD-24; Arcadia Housing Element 2000-2005, Policy 1,1, Table 29; Draft EIR, Sect. 4,8, pgs. 45, 82) 21 2227 EXHIBIT "B" Existing and Proposed Zoning Changes [attached behind this page] 22 2227 M&D M&D R-l c-2DH 2;, ~-- ~~~ -- R-3 Existing Zoning LEGEND IWI RI!SDEN11AL IIOUHTAIHOUB RoO RRSTONDFMllLY ~t SECOND OHE-FAIIlLY IW: TWO FAIIILY fW IllUL11P\.EFAlllLY c.c CC*IlIUNITY 1'"ftUUCDI"I~ P AlJTDIICIBILE PARICDG CoO PRCFESSIONAL OFFICE C-t UMITED CQUUCDCI&I c.2 OENERAL I"nUUCDrIq C-II C........n::-a{lAL. -IMUFACTURINO ~1 PLAIOIED DCDUS1'RIAL DISllUCT 11..2 HEAVY MANUFACTIURlNO D ARCHI1ECT\JRAL llEBIGN .... BPEaAL USE S4 PUIIIJC PURPOSE $.2 ~.. /t ~' / ..urP' sAJIf'~-s-2 ~ [ E~ 18 ~ Ilr N + NO SCAlE u U/ L L Ie c c i._I~ .nlt 'L..----' -- I[ iDlE c c E c c= I- e e Ie e IE IE l~ ~ , "... -+ NO SCALE -" , LEGEND 1ii!!!!!!!!1 SP R-1 SINGLE FAMlL Y RESIDENTIAL W:J SP 5-1 HORSE RACING I' ;; ; ; I SP CE COMMERCIAL ENTERTAINMENT D SPEClRC PLAN AREA BOUNDARY - IJr l'r-=..:: \. Proposed Specific Plan Area Boundaries and Zoning Map STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H, BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2227 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the I st day of May , 2007 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None ity Clerk oftne City of Arcadia 23 2227