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HomeMy WebLinkAbout2331 ORDINANCE NO. 2331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ZONING DESIGNATION OF CERTAIN PROPERTY WITHIN THE CITY FROM C-2, GENERAL COMMERCIAL, TO MU, MIXED USE AT 56 E. DUARTE ROAD 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 zoning designation of land within the City, by adoption of an ordinance; and WHEREAS, on November 18, 2014, an application was filed by James Chou on behalf of Pacific Plaza Arcadia, LLC, for the design review of a three-story mixed-use commercial-residential project at 56 E. Duarte Road, Development Services Department Case No. ADR 14-23; and WHEREAS, on February 25, 2015, applications were filed by James Chou on behalf of Pacific Plaza Arcadia, LLC, for a General Plan Amendment, Zone Change, Conditional Use Permit, and Tentative Tract Map, to revise the General Plan Designation and Zoning Designation of the subject site from Commercial to Mixed-Use, and approve a three-story, mixed-use commercial-residential project with ground floor retail and restaurant/cafe uses, and subdivide the residential units for condominium purposes at 56 E. Duarte Road, Development Services Department Case Nos. GPA 15- 01, ZC 15-01, CUP 15-02, and TTM 73453 (the Design Review, General Plan Amendment, Zone Change, Conditional Use Permit, and Subdivision applications are hereafter individually and collectively referred to as the "Project"); and WHEREAS, on October 6, 2015, the Draft Initial Study/Mitigated Negative Declaration for the Project was circulated for public review and comments for 30 days from October 6, 2015 to November 5, 2015; 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 areas: Aesthetics, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology, Noise, and Transportation/Traffic; and WHEREAS, on November 10, 2015, 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 at said hearing the Planning Commission adopted Resolution No. 1950 by a 4-0 vote with one commissioner absent, recommending approval of the Project; and WHEREAS, on December 15, 2015, 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 occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report and Initial Study/Mitigated Negative Declaration is true and correct. SECTION 2. That the City Council, based upon the entire record, including all written and oral evidence presented, finds with respect to the proposed Zone Change, the following: 2 a. The proposed Zone Change (Mixed Use) is consistent with the General Plan, as amended; and that public necessity, convenience, general welfare and good zoning practice justify the proposed changes. FACT: The proposed Zone Change is consistent with the City's General Plan, as amended, including the goals, objectives, policies, and action programs in the City's General Plan, as amended. The Project location has been identified as a compatible continuation of the Mixed-Use area to the north, and will foster new development and revitalization of the adjacent commercial area. The proposed Zone Change and Project will be a positive benefit to the surrounding properties and to the City at large. Therefore, the proposed Zone Change is consistent with the 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. That for the foregoing reasons, the City Council approves Zone Change No. ZC 15-01 and adoption of the Mitigated Negative Declaration. SECTION 5. 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 any one or more 3 sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared unconstitutional or otherwise invalid. 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 (31st) day after its adoption. Passed, approved and adopted this 19th day of January , 2015. or o ity of ' rcadia ATTEST. _sari Ar City Clerk �1 APPROVED AS TO FORM, Stephen P. Deitsch City Attorney 4 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. 2331 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 19th day of January, 2016 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Beck, Chandler, Segal, Tay, Kovacic NOES: None ABSENT: None City ley10"..'ty of Arcadia 5