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HomeMy WebLinkAbout7028RESOLUTION NO. 7028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AN AMENDMENT TO ARCHITECTURAL DESIGN REVIEW NO. ADR 2005 -026 AND TO RESOLUTION NO. 6562, CONCERNING RESTAURANT USES IN PHASE 1B ( "THE PROMENADE ") OF THE WESTFIELD SANTA ANITA MALL, WITH CONSIDERATION OF A PREVIOUSLY CERTIFIED ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT 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 Promenade expansion of the Mall, subject to the conditions recommended by the Development Services Department; and WHEREAS, on December 6, 2011, the City Council approved Resolution No. 6805 conditionally approving an amendment to ADR 2005 -026 to increase the restaurant space in Phase 1 b from 10,000 square feet to 30,000 square feet, subject to conditions of approval; 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 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 by City Council Resolution Nos. 6561 and 6562; and WHEREAS, on January 29, 2014, the City received a request from Westfield, LLC (as successor -in- interest to Westfield Corporation, Inc.) to remove Condition No. 9 of Resolution No. 6562 (ADR 2005 -026) limiting restaurant uses in Phase 1b; and WHEREAS, on March 25, 2014, 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 March 25, 2014, the Planning Commission voted 4 -0 with one Commissioner recused, to adopt Planning Commission Resolution No. 1901 to recommend to the City Council approval of the requested Amendment, approve the Initial Study that was conducted for this project that no additional environmental review is required since the project would not result in new significant or more severe environmental impacts compared to the impacts previously disclosed and evaluated in the 2000 Final EIR and 2007 Addendum, and to address the conditions of the trees along Baldwin Avenue; and WHEREAS, on May 6, 2014, the City Council conducted a noticed public hearing at which time all interested parties were given full opportunity to be heard and present evidence. -2- 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 or any other CEQA document is not required because the elimination of Condition No. 9 to Resolution No. 6562 complies with the following CEQA Guidelines Section 15162: 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 to remove Condition No. 9: -3- SECTION 3. Section 3 of Resolution No. 6562 is hereby amended by amending Condition No. 34 to read as follows: "34. The applicant shall install a new drip irrigation system to the 21 tree wells along Baldwin Avenue and plant new 15- gallon Crape Myrtle trees in the replacement of the five dead trees within thirty (30) days from this approval. To ensure survival, any trees in distress shall be carefully monitored, and if they do not survive the applicant shall promptly replace them with new 15 gallon Crape Myrtle trees to the satisfaction of the Development Services Director." SECTION 4. The City Clerk shall certify the adoption of this Resolution. Passed, approved and adopted this 6th day of May 2014. ATTEST: City lerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -4- ll. May of the City of Arcadia 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 Resolution No. 7028 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 May, 2014 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo NOES: None ABSENT: None -5- Ci Clerk of the/City of Arcadia