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HomeMy WebLinkAbout6562 RESOLUTION NO. 6562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ARCHITECTURAL DESIGN REVIEW ADR 2005-026 FOR THE EXPANSION OF THE WESTFIELD SHOPPINGTOWN - SANTA ANITA (PHASE 1b) AT 400 SOUTH BALDWIN AVENUE. WHEREAS, in 2005 Westfield Corporation, Inc. submitted plans for architectural design review ("ADR 2005-026") for an approximately 1 00,800 square foot retail expansion and a subterranean two-story parking structure to accommodate 783 vehicles at the Westfield Shoppingtown-Santa Anita, more commonly known as "Phase 1 b"; and WHEREAS, on February 27, 2007 the Planning Commission reviewed ADR 2005-026 and the Planning Commission voted to recommend to the City Council approval of the architectural design therein, subject to the conditions recommended by the Development Services Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report is true and correct. 6562 SECTION 2. The City Council finds: 1. That the location, configuration and architectural design and the proposed materials and colors of the proposed expansion and parking structure of ADR 2005-026 are visually harmonious with the existing mall buildings and with the site; 2. That the design for the proposed expansion will enhance the existing mall and create a positive physical image and environment; 3. That the height, massing and configuration of the expansion are in scale with the existing mall; 4. That an Environmental Impact Report (UEIR") was prepared for the expansion of up to an additional 600,000 square feet to the Westfield Shoppingtown-Santa Anita Mall. The EIR was certified by the City Council on September 5, 2000; 5. That an EIR Addendum was prepared for ADR 2005-026 in January 2007 and approved under Resolution No. 6561 concurrent herewith; and 6. That the City Council has independently reviewed and considered the EIR and EIR Addendum, which were prepared pursuant to the requirements of the California Environmental Quality Act (UCEQAU) (collectively referred to herein as the Project's uCEQA Documentation"), the 2 6562 Administrative Record, the Staff Report (which includes recommended findings), and the draft resolutions for final action on ADR 2005-026. SECTIN 3. That for the foregoing reasons, the City Council approves the proposed architectural design review (ADR 2005-026) subject to the conditions set forth below. CONDITIONS The terms "developer", "applicant", "owner", and "Westfield" shall be deemed to refer to the applicant for approval of ADR-026 and all successors in interest. 1. No building permit for any construction on the Property shall be issued unless all of the conditions hereof have been complied with or assurances satisfactory to the Development Services Director have been made to insure that all such conditions will be fulfilled. 2. Prior to the issuance of the first certificate of occupancy for the first retail building, the Developer shall provide (a) proof of issuance of a Caltrans Permit for the construction of the mitigation measure established for the intersection of Foothill Boulevard at Baldwin Avenue West (original Mitigation Measure 7.2.a) or (b) evidence of a completion bond in an amount and form and with a surety approved by the Development Services Director as sufficient to pay for the improvement; provided, however, that if 3 6562 within two years after issuance of a building permit for Phase 1 b, Caltrans fails to issue a permit for the improvement, the City may direct the Applicant to contribute the then current cost of the improvement into a City fund for alternative transportation mitigation improvements in the City's sole and absolute discretion, which payment shall be in addition to and not in lieu of any and all other mitigation measures. In this event, this condition shall be deemed satisfied upon payment of the improvement costs into the City fund. 3. Prior to the issuance of the first building permit for the first retail building, the developer shall pay to the County the cost for the construction of the northbound right turn lane in-lieu of construction for the intersection of Huntington Dr. at Rosemead Blvd. (original Mitigation Measure 7.2.c). The County will incorporate the improvement into their project to widen the intersection. 4. Prior to the issuance of the first building permit for the first retail building for Phase 1 b, the developer shall pay to the City: a. A Transportation Impact fee based on the adopted program for Phase 1 b; and b. The outstanding payment, previously required but not paid, for Phase 1 a's "fair share" of area-wide traffic improvements 4 6562 identified in the City's Transportation Master Plan on a pro-rata "fair share" basis (i.e., "nexus" formula). A nexus study to determine "fair share" responsibility for Phase 1 a shall be prepared by a consultant approved by the City and paid for by the project applicant. 5. Prior to issuance of the first building permit for the first retail building for Phase 1 b, a $50,000 bond or other security as approved by the City Attorney shall be placed in escrow with the City to be used to monitor and address any neighborhood cut through traffic that results from the proposed project. 6. Any use of the Property which is otherwise subject to the Conditional Use Permit provisions of the City's Zoning Ordinance shall require a conditional use permit; provided, however, a conditional use permit shall not be required for uses within Building Area C [mall area] as shown on the Zoning/Design overlay site plan submitted with the 2000 EIR. 7. Phase 1 b shall be an open-air project with open courtyards and landscaping as indicated on Sheet 14 of the Design Review submittal dated November 15, 2006. 8. Materials utilized in Phase 1 b for the buildings and parking structure shall be of the materials palette included in the Sheet 15 of the 5 6562 Design Review submittal dated November 15, 2006 and as indicated in all elevations and sections (Sheets 9 through 13). 9. Restaurant uses within Phase 1 b shall be limited to a maximum of 10,000 square feet of Gross Leasable Area (GLA). 10. All signs shall be subject to the Municipal Code, except that the following shall be applicable: a. No new freestanding center identification signs or multi- tenant monument signs are permitted for Phase 1 b. Single-sided monument signs shall be only allowed for restaurants/eating establishments containing 5,000 sq. ft. or more and that have public entrances from the exterior of the shopping mall. Said signs shall be allowed on the perimeter of the shopping mall structure or open-air mall area and located within planter areas. The total square footage of each sign shall not exceed 36 square feet. b. Flat, Plexiglas illuminated signs and internally illuminated plastic-faced cabinet signs are prohibited. (Resolution No. 6245) c. Wall signs on the exterior of the shopping mall structure shall be restricted to anchor stores containing 25,000 square feet or more, major restaurants/eating establishments containing 5,000 sq. ft. or more, theaters/cinemas and a food market. Said signs shall 6 6562 comply with the City's Zoning Ordinance in regard to allowable square footage. Tenant signs facing on the open-air courtyard area and not exposed to the public right-of-way shall be excluded from this provision. d. All new signage shall be subject to further design review and approval by the Development Services Director through the Sign Design Review process. 11. Final landscape plans in substantial compliance with the conceptual plans included on Sheet 14 of the Design Submittal dated November 15, 2006, shall be prepared by a registered landscape architect and shall be submitted to and approved by the Development Services Director before any building permit is issued for any part of the project. In addition to substantial conformance with the conceptual plan submitted as Sheet 14, said plans shall include or be in conformance with the following, without limitation: a. In addition to the landscaping required in Section 11 above, three (3) percent of the parking areas shall be landscaped and the planting beds and trees shall be distributed evenly throughout the entire parking area adjacent to Phase 1 b from the new buildings to the existing berms along Huntington Drive and Baldwin Avenue. 7 6562 Landscaping shall not be concentrated in only one (1) portion of the parking area, but dispersed throughout the parking lot. No planting area or island shall have an average width of less than three (3) feet. The planting areas or islands shown on the landscaping plans must be drawn to scale and the plants shall be clearly designated and labeled. A continuous six (6) inch raised concrete curb shall surround all planting areas or islands. The required landscaped buffer areas adjacent to Huntington Drive and Baldwin Avenue as well as the redesigned landscaping at the southerly entrance of Baldwin Avenue shall not be considered as part of the three (3) percent "landscaping" of the parking areas. Where a parking area abuts the buildings on the Property, the border plantings adjacent to those buildings shall not be considered as part of the landscaping of parking areas. b. The solid exterior walls of the mall and in the courtyard areas shall include decorative landscaping and treatment as shown on the submitted elevations in the Design Submittal dated November 15, 2006 and subject to the approval of the Development Services Director. c. To facilitate the processing of landscaping plans, a plant list shall be prepared giving the botanical and common names of the 8 6562 plants to be used, the sizes to be planted (e.g. 1, 5 or 15 gallon containers) and quantity of each. The plants should be listed alphabetically and assigned key numbers to be used in locating the plants on the plan. d. All new landscape materials shall be of a size and quality in scale with the project. All new trees shall be a minimum of 36" box. All new shrubs shall be a minimum five (5) gallon in size. 12. The owner of the Property shall provide adequate security personnel for the protection and control of persons and property on the site. A security plan shall be submitted to and approved by the City of Arcadia Police Chief prior to the issuance of the first building permit for all new buildings on the Property (including the parking structure). The owner of the property shall at all times adhere to the approved security plan. Any material modifications of the security plan shall require the approval of the Police Chief, which shall not be unreasonably withheld. 13. Final plans for the proposed parking structure layout shall be subject to review and approval by the City Engineer prior to the issuance of the first building permit for the parking structure and shall address the issues of adequate turning radii, driveway aisle widths and turning movements into and out of the circulation ramps for standard passenger 9 6562 cars. 14. Interior lighting for the parking structure and all new exterior lighting shall be included on the final plans for review and approval by the Police Chief. Exterior lighting other than safety and/or security lighting shall only be in operation until one hour after operating hours to the extent feasible. 15. There shall be a maximum of three (3) Pavilions (Kiosks) located in the open plaza areas of the project. The final design shall be subject to review and approval by the Development Services Director or his/her designee based on the following criteria: a. Kiosks and cart designs may be animated in nature and shall serve to accentuate the architectural and aesthetic finish of the building facades. b. Individual kiosks may vary in total area; however, no one (1) kiosk shall exceed 150 square feet in area as shown on the submitted plans. c. Kiosks and carts shall be designed to be weatherproof and shall have illumination integrated into the design. d. The uses permitted with the kiosks and carts shall be consistent with Section 2 of Paragraph 16 of Resolution No. 6199 10 6562 dated October 3, 2000. e. There shall be a minimum unobstructed distance between kiosks, and between kiosks and portable carts, of 15'-0" or as required by the State Building Code. Kiosks and portable carts shall be harmonious in design. 16. Any floor area within the open common area(s) devoted to portable carts (not kiosks) shall not be subject to the City's Zoning Ordinance for providing off-street parking spaces. 17. Westfield LLC shall continuously maintain a list of all current operators of kiosks and portable carts throughout the mall for business licensing purposes. This list shall promptly be furnished to the City Development Services Department upon request. 18. Prior to the issuance of the first building permit for the first retail building, the City Engineer shall review and approve all striping, signage, traffic control plans and on-site vehicular and pedestrian circulation. 19. Prior to the issuance of the first certificate of occupancy for the first retail building, the intersection of the Gate 8 Racetrack access road and the Westfield Mall ring road shall be reconstructed to an alignment in substantial conformance with the alignment depicted on Sheet 3 of the Architectural Design Review package with no reduction in the number of II 6562 lanes exiting onto Baldwin Avenue. The final alignment shall be reviewed and subject to approval by the City Engineer. 20. Prior to the issuance of the first certificate of occupancy for the first retail building, ramp access and ADA clearance shall be upgraded or constructed at the intersections of Gate 9 & 10 (the two southernmost entrances to the Westfield Santa Anita mall from Baldwin Avenue). 21. The following conditions shall be complied with to the satisfaction of the Public Works Services Director: a. The City of Arcadia shall transfer ownership, and Westfield shall accept ownership, of the 12-inch water main that currently circles the existing mall to Westfield. All modifications made to the existing water distribution main, fire hydrant assemblies, and fire service connections shall be made according to existing City of Arcadia Public Works Standards. b. Water service for Westfield shall be metered at two locations where existing pipeline enters Westfield - at the northwest corner of the property near the Gate 8 entrance to the racetrack and the southwest corner of the property east of Fire Station 106. The City's Public Works Services Department (PWSD) will provide and install two fully equipped metering vaults and two backflow 12 6562 preventers. PWSD will provide full future maintenance of metering vaults, Westfield shall provide future maintenance of the backflow preventers under PWSD inspection, at the cost and expense of Westfield. c. The maintenance, repair and relocation of the existing water main, and the installation of any fire hydrants required shall be entirely undertaken by Westfield and at the expense of Westfield. d. New fire sprinkler systems shall be installed by Westfield as required by the Arcadia Fire Department. Backflow preventers on the fire sprinkler systems shall be double check detector assemblies. Backflow preventers on any proposed irrigation system shall be installed by Westfield as required by the Uniform Plumbing Code. e. Inspection of the water main relocation and new water mains, water services, fire services and irrigation services shall be done by the City's Public Works Inspector. 22. The applicant shall submit to the Development Services Director for his/her approval prior to the issuance of the first building permit for the first retail building an on-site vehicular access and circulation plan that proposes, at the easterly perimeter of the subject property, direct vehicular and pedestrian connections between the Westfield Santa Anita 13 6562 Mall and the Santa Anita Racetrack property. The location of the pedestrian access shall be as shown on Sheets 3 and 4 of the Design Review Submittal dated November 15, 2006. The vehicular connection shall be located along the easterly perimeter of the Westfield property in the general location of the existing aisle way that runs perpendicular to the southerly portion of the ring road (existing three-legged intersection controlled by a stop sign). The final location for the vehicular connection shall be determined by the Development Services Director. The applicant shall complete all improvements in accordance with City approved plans. 23. Prior to the issuance of the first building permit for any retail project on the adjacent Santa Anita Racetrack property, the applicant shall execute a reciprocal access agreement with the adjacent property owner to the east for a common vehicular connection and a common pedestrian connection at locations approved by the Development Services Director. 24. Prior to the issuance of the first building permit for any retail project on the adjacent Santa Anita Racetrack property, the developer shall submit a bond in a form and amount and issued by a surety approved by the City Attorney for the roadway, sidewalk and other improvements on the Westfield property necessary to construct the vehicular and pedestrian connections between the two adjacent properties. 14 6562 25. Prior to the issuance of the first building permit for the first retail building, the following conditions shall be completed to the satisfaction of the Fire Chief: a. Access to and around structures during construction shall be maintained. A plan shall be submitted outlining all emergency access routes during and after construction. In addition, a detailed excavation plan shall be submitted and subject to approval of, but not limited to, emergency access and water supply. b. An emergency egress plan shall be submitted for affected portions of the existing Mall during and after construction. 26. Prior to the issuance of the first Certificate of Occupancy for the first retail building, the following conditions shall be completed to the satisfaction of the Fire Chief: a. The basement parking level shall be provided with a smoke removal system for underground firefighting operations. b. The parking structure entrance height shall be designed for access by paramedic ambulances, as determined and approved by the Fire Chief. c. All new retail space and the parking structure shall be interconnected to the existing fire alarm panel. 15 6562 d. All existing fire hydrants and fire department connections in the expansion area shall be relocated to locations approved by the Fire Chief. Additional fire hydrants shall be provided as required by the Fire Chief. e. On-site Class I standpipes shall be required at approved locations as required by the Fire Chief. f. The dumpster location within the parking structure shall have an adequate clear perimeter space for firefighting operations and dumpster removal. In addition, the dumpster location shall have adequate ventilation for firefighting operations. g. All elevators, including service elevators, shall be provided with the length, width and weight capacities. h. An acceptable method of radio communication within both the existing Mall and expansion areas shall be provided and approved by the Fire and Police Chiefs. i. Pre-Fire Plans, in a format approved by the Fire Chief, shall be prepared for the entire Mall, including without limitation the new expansion, outlining the hydrant locations, fire department connections, standpipes, fire alarm panels, smoke evacuation fans, and other points of interest as required. 16 6562 j. Prefixed ladders shall be placed at locations approved by the Fire Chief on the parapet walls that lead down to the roof. These ladders shall be capable of supporting a 500-pound live load. An agreed upon exterior marking on the structure shall be provided on the exterior of the building and visible, designating these interior parapet ladder locations. k. The drop-oft-area access at the front of the expansion shall be a minimum of 20 feet in width and provide a minimum weight capacity of 70,000 pounds apparatus access. I. Knox boxes shall be provided for access to any restricted areas, including exterior entrances and individual units. m. Westfield's existing public address system shall be connected to the expansion areas. n. Standby power must be supplied for emergency lighting and the public address system. 27. A Tenant Coordinator and Project Manager shall act as a liaison between the Police Department, Fire Department, Development Services Department, Public Works Services Department, and all tenant contractors throughout the duration of the construction project. A location will be established for all City inspectors and other contractors to 17 6562 coordinate inspections and meet with the Tenant Coordinator and Project Manager. The location shall be provided on plans submitted for building permit. 28. No amplified live entertainment shall be permitted in the outdoor areas of the Mall. 29. The project and the site shall be developed in compliance with the Americans with Disabilities Act (Title 24) including direct connectivity with the adjacent rig ht-of-ways , Le., Baldwin Avenue and Huntington Drive. 30. The developer shall defend (with legal counsel acceptable to the City), indemnify and hold harmless the City, its agents, officers, and employees from any and all claims, actions, and/or proceedings against the City and/or its agents, officials, officers, and/or employees to attack, set aside, void or annul (i) this ADR approval, or (ii) the certification of the EIR Addendum in conjunction with this ADR approval, or (iii) any decision, action or failure to act by the City with respect to this ADR application. 31. The City must promptly notify the developer of any claim, action, or proceeding and the City shall cooperate reasonably in the defense. If the City fails to promptly notify the developer of any claim, action or proceeding, or if the City fails to cooperate reasonably in the defense, the developer shall not thereafter be responsible to defend, 18 6562 indemnify, or hold harmless the City. 32. The developer shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this approval and/or CEQA related action. Although the developer is the real party in interest in an action, the City may, at is sole discretion, participate in the defense of the action, but such participation shall not relieve the developer of any obligation under this condition. 33. The applicant shall provide staffing to monitor the pick-up and drop-off area on the west side of the Mall for the first 30 days following the opening of Phase '1 b or through January 15 if the first thirty days falls within the month of December. At the conclusion of the staffing period, the applicant shall have an additional ninety (90) days to make any modifications to the operation of the pick-up and drop-off area as they deem necessary to ensure there are no queuing or traffic conflicts. At the conclusion of this ninety (90)-day period, the Development Services Director shall review the proposed operations plan for the pick-up and drop- off area as recommended by the applicant. The applicant shall incorporate and continuously implement any and all modifications to the operations plan as deemed necessary by the Development Services Director. 19 6562 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1ST day of May. ~"~I(~ Mayor of the Ci y of rcadia ATTEST: ~Ie~ /Jf2,. >--.. APPROVED AS TO FORM ~p~ Stephen Deitsch City Attorney 20 6562 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. 6562 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 1 st day of May, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Council member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None ~CI;; ~ Cit; ofArc~dia 21 6562