HomeMy WebLinkAbout2253ORDINANCE NO. 2253
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA REPEALING ORDINANCE N0.2226 WHICH
CONCERNED THE ADOPTION OF "THE SHOPS AT SANTA
ANITA PARK SPECIFIC PLAN"
WHEREAS, on April 17, 2007, the City Council of the City of Arcadia
("City") adopted Resolution No. 6564 certifying the Final Environmental Impact
Report ("EIR") (State Clearinghouse No. 2005031131) prepared for the Shops at
Santa Anita Park Specific Plan Project (the "Project") and adopting the
environmental findings pursuant to the California Environmental Quality Act
("CEQA"), a statement of overriding considerations, and a mitigation monitoring
and reporting program for the Project; and
WHEREAS, on April 17, 2007, the City Council adopted Resolution No.
6565 adopting General Plan Amendment No. OS-Ol, which changed the land use
designation of certain property under the Arcadia General Plan from "Horse
Racing" and "Commercial" to "The Shops at Santa Anita Park Specific Plan" and
made various text amendments to the Arcadia General Plan with regard to the
Project; and
WHEREAS, on April 17, 2007, the City Council adopted Resolution No.
6566 approving Architectural Design Review and Design Guidelines with respect
to the Project and imposed conditions of approval on the Project; and
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WHEREAS, on May 1, 2007, the City Council adopted Ordinance No. 2226
adopting the "Shops at Santa Anita Park Specific Plan" and the specific land use
regulations contained therein with respect to the Project; and
WHEREAS, on May 1, 2007, the City Council adopted Ordinance No. 2227
making certain amendments to the text of the Arcadia Zoning Code to add a
"Commercial Entertainment" Zone and regulations with respect thereto and
amending the zoning designation of certain property within the City from "S-1"
and "R-1" to "SP S-1", "SP R-1" and "SP CE" with respect to the Project; and
WHEREAS, on May 1, 2007, the City Council adopted Ordinance No. 2228
approving a Development Agreement between the City and Santa Anita
Associates, LLC; and
WHEREAS, on May 15, 2007, Westfield, LLC et a1. filed a Petition for Writ
of Mandate in the Los Angeles County Superior Court (Case No. BS103923)
challenging the Project and alleging that the Final EIR for the Project was
deficient, and that the Project was inconsistent with the Arcadia General Plan and
the Arcadia Municipal Code; and
WHEREAS, on May 17, 2007, Arcadia First! filed a Petition for Writ of
Mandate in the Los Angeles County Superior Court (Case No. BS108937)
challenging the Project and alleging that the Final EIR for the Project was
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deficient; and
WHEREAS, on October 15, 2008, after full briefing and hearing, the Court
entered Judgment in part for the Petitioners, in which the Court granted the
Petitions in part and ordered the City of Arcadia to set aside and void all approvals
granted for the Project; and
WHEREAS, on October 22, 2008, a Peremptory Writ of Mandate was
issued by the Court stating that not more than fifty (50) days after service of the
Writ, the City must set aside and void certification of the Final EIR for the Project
and set aside and void approvals granted by the City in relation to the Project; and
WHEREAS, the City desires and intends to comply with the Peremptory
Writ of Mandate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the
facts set forth in the recitals of this Ordinance are true and correct.
SECTION 2. Pursuant to Court Order, the City Council hereby repeals,
vacates and sets aside Ordinance No. 2226.
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SECTION 3. The City Clerk shall certify to the adoption of this
ordinance and shall cause a copy of the same to be published in the official
newspaper of said City within fifteen (15) days after its adoption.
Passed, approved and adopted this
ATTEST:
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G._,. vF- ~~ ~- -~._ _,_.____.._.._. .
City Clerk
APPROVED AS TO FORM:
._ ~ ~~~
,~ . .
Step en P. Deitsch
City Attorney
16th day of December
2~~g.
~~~~
Mayor of the City of Arcadia
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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 Ordinance No. 2253 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 16th day of December, 2008 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
Cary Clerk of the City of Arcadia
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