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Home My WebLink About2345 ORDINANCE NO. 2345 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 MAP TO REFLECT THE REDUCTION IN ALLOWABLE FLOOR AREA RATIO FROM 1.03 TO 1.0 WITHIN THE SEABISCUIT PACIFICA SPECIFIC PLAN AREA (SP-SP), LOCATED 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 1 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, after a duly noticed public hearing on March 18, 2014 the City Council approved General Plan Amendment No. GPA 14-01, Specific Plan NO. SP 13- 02, and Zone Change No. 13-02, and a Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program; and WHEREAS, on August 2, 2016, Continental Asset Management requested an amendment to Specific Plan No. 13-02, along with a General Plan Amendment (GPA No. 16-04) and a Zone Change (ZC No. 16-02) to change the land use designation for the property at 130 West Huntington Drive from Commercial to Downtown Mixed Use, and to replace the hotel condominium portion of the Project with a mixed-use building; and WHEREAS, an amended Draft Initial Study/Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act (SCH#2016091073) to review the Project, and the document was circulated from October 6, 2016 to November 7, 2016; and WHEREAS, the amended Draft Initial Study/Mitigated Negative Declaration concluded that the implementation of the revised Project would have no new impacts on 2 the environment, and the mitigation measures approved with the original project were still applicable; and WHEREAS, after a duly noticed public hearing on November 8, 2016, the Arcadia Planning Commission recommended approval of the amendment by a vote of 5-0; and WHEREAS, on December 6, 2016, a.duly noticed public hearing was held before the City Council on said applications, including the Initial Study/Mitigated Negative Declaration 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. 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 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 16-02) 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). The zoning change made by this Ordinance retains the Specific 3 Plan zoning designation to the Arcadia Municipal Code in order to continue the existing regulations of the Specific Plan. The change in the zoning allows the previously approved hotel condominium units to be developed as residential units and reduces the allowable Floor Area Ratio from 1.03 to 1.0 to be consistent with the General Plan Designation of Downtown Mixed Use. This change is intended to facilitate development of the Project in a manner called for in the Specific Plan. (iii) The public necessity, convenience, general welfare, and good zoning practice, justify the proposed Zone Change and lower floor area ratio of 1.0 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. The Downtown Mixed Use designation is appropriate for this site and the Zone Change will facilitate the type of development envisioned by that land use designation. 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 demonstrates 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. That for the foregoing reasons, the City Council approves the amendment to Specific Plan No. SP 13-02, General Plan Amendment No. GPA 16-04, 4 and Zone Change No. ZC 16-02, for two new hotels and a mixed use building as set forth in Sections 2 and 3 hereof. SECTION 5. 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. SECTION 6. 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 20th day of December , 2016. Mayor of City of rcadia ATTEST: _.600041 APPROVED AS TO FORM: f-fri*t", ?)-tite Stephen P. Deitsch City Attorney 5 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. 2345 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 20th day of December, 2016 and that said Ordinance was adopted by the following vote, to wit: AYES: Amundson, Chandler, Tay, Verlato, and Beck NOES: None ABSENT: None ABSTAIN: None Cler Tt City of Arcadia 6