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HomeMy WebLinkAbout6805 RESOLUTION NO. 6805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING ARCHITECTURAL DESIGN REVIEW NO. 2005-026 AND RESOLUTION 6562 REGARDING THE PHASE 1B EXPANSION (THE PROMENADE) OF THE WESTFIELD SANTA ANITA MALL AT 400 S. BALDWIN AVENUE TO INCREASE THE RESTAURANT SPACE FROM 10,000 SQUARE FEET TO 30,000 SQUARE FEET. WHEREAS, In 2005 Westfield, LLC (as successor-in-interest to Westfield Corporation, Inc.) submitted plans for Architectural Design Review No. ADR 2005-026 for approximately 100,800 square feet of Gross Leasable Area (GLA) of retail shops, including 10,000 square feet of restaurant uses, and the development of additional parking at the Westfield Santa Anita Mall (the "Mall"), more commonly known as "Phase lb" (The Promenade); and WHEREAS, on May 1, 2007, the City Council approved Resolution No. 6562 ("Resolution No. 6562") conditionally approving ADR 2005-026 for the expansion of the Mall, more commonly known as "Phase lb", subject to the conditions recommended by the Development Services Department; and WHEREAS, an Environmental Impact Report ("EIR") was prepared pursuant to the requirements of the California Environmental Quality Act ("CEQA") for the expansion of up to 600,000 square feet to the Westfield Santa Anita Mall, and the EIR was certified by the City Council on September 5, 2000; and WHEREAS, in January 2007, an EIR Addendum (the "EIR Addendum) was prepared for Architectural Design Review No. ADR 2005-026, and the City Council independently reviewed and considered the EIR and EIR Addendum, which were prepared pursuant to the requirements of CEQA and approved City Council Resolution Nos. 6561 and 6562; and WHEREAS, on August 8, 2011, the City received a request from Westfield, LLC (as successor-in-interest to Westfield Corporation, Inc.) to amend Condition No. 9 (the "Amendment") of Resolution No. 6562 (ADR 2005-026 of the Phase 1 b approval, to increase the approved restaurant space of 10,000 square feet up to 30,000 square feet; the Amendment includes outdoor dining and could reduce the retail use, but the overall 100,800 square feet of Phase 1 b previously approved by the City Council would not change; and WHEREAS, on November 22, 2011, a duly noticed public hearing concerning the Amendment was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on November 22, 2011, the Planning Commission voted 4-0 (one Commissioner was recused) to recommend to the City Council approval of the requested Amendment and to approve the Addendum to the Final EIR; and WHEREAS, on December 6, 2011, the City Council conducted a noticed public hearing at which time all interested parties were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Based on the information in the staff report and all evidence in the record, the City Council finds that the preparation of a subsequent or supplemental EIR -2- or any other CEQA document is not required because the modification of condition no. 9 to Resolution No. 6562: 1. Does not constitute a substantial change to the Project that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Does not constitute a substantial change with respect to the circumstances under which the Project is administered that will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and 3. Does not involve new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified or the Addendum was approved, that shows any of the following: (a) the modification will have one or more significant effects not discussed in the Final EIR and the Addendum; (b) significant effects previously examined will be substantially more severe than shown in the Final EIR and the Addendum; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt. SECTION 2. Section 3 of Resolution No. 6562 is hereby amended by amending Condition No. 9 to read as follows: "9. Restaurant uses within Phase 1 b shall be limited to a maximum of 30,000 square feet of Gross Leasable Area (GLA) which includes outdoor dining." SECTION 3. Section 3 of Resolution No. 6562 is hereby amended by adding Condition No. 34 to read as follows: "34. The applicant shall re-plant twenty one (21) missing trees in the existing empty tree wells along Baldwin Avenue of a size and species as approved by the Development Services Department within thirty (30) days of obtaining a permit -3- for the first restaurant that causes gross leasable area for restaurants in Phase 1 b to exceed 10,000 sq. ft." SECTION 4_ The City Clerk shall certify the adoption of this Resolution. Passed, approved and adopted this 6 day of December, 2011. Ilayor the Ci of Arcadia ATTEST: y Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -4- 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 Resolution No. 6805 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 6th day of December, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia 5