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Home My WebLink About2315ORDINANCE NO. 2315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, MAKING CERTAIN AMENDMENTS TO THE TEXT OF THE ARCADIA ZONING CODE; AND AMENDING THE ZONING DESIGNATION OF CERTAIN PROPERTY WITHIN THE CITY FROM "C- 2 WITH DOWNTOWN AND H -8 HEIGHT OVERLAYS" TO "SP -SP, SEABISCUIT PACIFICA SPECIFIC PLAN," WITH RESPECT TO THE SEABISCUIT PACIFICA SPECIFIC PLAN PROJECT AT 130 WEST HUNTINGTON DRIVE WHEREAS, the City of Arcadia, as a function of its regulatory authority, is empowered, under the Arcadia Municipal Code, Section 9293.1 et seq. to amend the text of its Zoning Code (Arcadia Municipal Code, Title 9) and to amend the zoning designation of land within the City, by adoption of an ordinance ; and WHEREAS, in August 2013, Mr. Andy Chang submitted applications for General Plan Amendment No. GPA 14 -01, Specific Plan No. SP 13 -02, and Zone Change No. ZC 13 -02 and draft Initial Study /Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan development that consists of two new hotels (Marriott Residence and Fairfield Inn & Suites) having a total of 142,320 square feet of hotel space in two connected buildings, with a total of 210 rooms, and a hotel condominium with 50 units at 130 W. Huntington Drive ( "Project "); and WHEREAS, on December 3, 2013, the Draft Initial Study /Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan (SCH #2013121018) was circulated for public review and comments from December 5, 2013 to January 13, 2014; and WHEREAS, the Initial Study /Mitigated Negative Declaration concluded that the implementation of the Project will have less- than - significant impacts with mitigation measures for the following categories: Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems; and WHEREAS, a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment; CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project (the "Mitigation Monitoring and Reporting Program ") for consideration by the City Council of the City of Arcadia as lead agency for the Project; and WHEREAS, on December 5, 2013, and January 31, 2014, a duly noticed public hearing was held before the Planning Commission on said applications, including the Initial Study /Mitigated Negative Declaration ( "IS /MND ") at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, after the public hearing the Planning Commission adopted Resolution No. 1897 with a 3 -2 vote to recommend denial of the Project to the City Council; and, WHEREAS, on March 6, 2014, a duly noticed public hearing was held before the City Council on said applications, including the IS /MND 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 been fulfilled. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the associated staff report are true and correct. SECTION 2. That the City Council, based upon the entire record, including all written and oral evidence presented, finds as follows with respect to the proposed Zone Change: (i) The proposed Zone Change (ZC 14 -01) 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 is consistent with the Seabiscuit Pacifica Specific Plan (SP -SP) and com. The zoning change made by this Ordinance adds a Specific Plan zoning designation to the Arcadia Municipal Code in order to incorporate the regulations of the Specific Plan. To the extent that the zoning is changed, this is intended to designate a land use with the Project site in such a way as to facilitate development of the Project in manner called for in the Specific Plan. (iii) The public necessity, convenience, general welfare, and good zoning practice, justify the proposed Zone Change and higher floor area ratio of 1.03 for this site. The General Plan has articulated the City's vision of what kind of project(s) will serve the public necessity, convenience and welfare for future development of the Project Area. A project of the type 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 t] forth in this Ordinance, demonstrates the good zoning practice of the City, consistent with the City's General Plan. SECTION 3. Based upon the Initial Environmental Study, the City Council finds that a Mitigated Negative Declaration and the associated Mitigated Monitoring and Reporting Program are appropriate for the Project and there will be less than significant impacts on the environment as a result of the Project, as further described in the Initial Environmental Study. SECTION 4. Section 9231.21.2 of Chapter 2, Part 3, Division 1 of Article IX of the Arcadia Municipal Code is hereby amended to read: "9231.21.2 SP -SP — SEABISCUIT PACIFICA SPECIFIC PLAN" SECTION 5. That for the foregoing reasons, the City Council approves Specific Plan No. SP 13 -02 for two new hotels and a hotel condominium as set forth in Sections 2 and 3 hereof. SECTION 6. 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 any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared unconstitutional or otherwise invalid. 0 SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 st) day after its adoption. Passed, approved and adopted this ATTEST: City Clerk APPROVED AS TO FORM: S t qj 7, � P . Stephen P. Deitsch City Attorney E 1st day of April , 2014. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2315 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 1St day of April, 2014 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Amundson, Kovacic, Wuo and Segal NOES: None ABSENT: None ABSTAIN: Council Member Harbicht 0 City C erk of the Cityy of Arcadia Existing Zoning General Commercial (C -z) ® Downtown Overlay (i.o FAR) Q Special Height Overlay (H) �M 500 Feet 500 Proposed Zoning Seabiscuit Pacifica Specific Plan (SP -SP) 7/7, Downtown Overlay (to FAR) Q Special Height Overlay (H) City of Arcadia .�i��;