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HomeMy WebLinkAbout2254ORDINANCE NO.2254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA REPEALING ORDINANCE NO.2227 WHICH CONCERNED ZONING CHANGES PERTAINING TO THE SHOPS AT SANTA ANITA PARK PROJECT 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-O1, 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 2254 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 al. 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 2 2254 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. 2227. 3 2254 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 16th day of December 2008. ~~5~'J4s Mayor of the City of Arcadia ATTEST: ___. ~ ~ - - l ~ ~~ ity Clerk APPROVED AS TO FORM: ~.1~~ Stephen P. Deitsch City Attorney 4 2254 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. 2254 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 `-/-~'~ ~ e~ __ _- ~City Clerk of the City of Arcadia s 2254