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Home My WebLink About7531RESOLUTION NO. 7531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GPA 22-02 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FOR THE PROPERTIES AT 233 & 301 E. HUNTINGTON DRIVE FROM "COMMERCIAL" TO "DOWNTOWN MIXED USE," AND REVISE THE GENERAL PLAN LAND USE MAP TO REFLECT THE CHANGES WHEREAS, local governments are authorized by Government Code Section 65350, et seq, to prepare, adopt and amend General Plans; and WHEREAS, the Arcadia Municipal Code Section 9108.03 provides that the adoption or amendment of any General Plan within the City shall be accomplished by resolution; and WHEREAS, on April 15, 2022, applications were filed with the City of Arcadia ("City") for General Plan Amendment No. GPA 22-01, Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, Architectural Design Review No. ADR 22-06, along with a Lot Line Adjustment (filed on August 11, 2022), to construct "The Derby Mixed - Use Project" a new mixed-use development at 233 & 301 East Huntington Drive. The project includes a density bonus and will result in a six -story mixed-use building containing 214 residential units, including 9 affordable units (collectively, the "Project"); and WHEREAS, a Final Environmental Impact Report ("EIR") has been prepared by the City for the Project. This Final EIR has been prepared in conformance with the California Environmental Quality Act of 1970 ("CEQA") statutes (Cal. Pub. Res, Code, Section 21000 et. seq., as amended) and implementing guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq.); and 1 WHEREAS, in accordance with the CEQA Guidelines, a Notice of Preparation ("NOP") was circulated for a 30 -day public review starting on October 14, 2022, to public agencies, organizations, and interested individuals; and WHEREAS, on October 26, 2022, an in-person scoping meeting was held. The purpose of this meeting was to seek input from public agencies and the general public regarding the potential environmental impacts of the proposed Project. The City received no comments/questions with environmental concerns during the scoping meeting, but eight (8) individuals requested to be placed on a mailing list for further information; and WHEREAS, a Draft EIR was made available for public review and comment pursuant to CEQA Guidelines Section 15087. The 45 -day public review period for the Draft EIR started on August 4, 2023, and ended on September 19, 2023. At the beginning of the public review period, an electronic copy of the Draft EIR and an electronic copy of the Notice of Completion ("NOC") and Notice of Availability ("NOK) were submitted to the State Clearinghouse and Los Angeles Recorders Office. The 45 - day public review period provided interested public agencies, groups, and individuals the opportunity to comment on the contents of the Draft EIR. A total of three agency, organization, and individual comment letters were received and are included in Chapter 2, Responses to Comments, of this Final EIR; and WHEREAS, the Final EIR addresses the comments received during the public review period and includes minor changes to the text of the Draft EIR in accordance with comments; and 4 WHEREAS, pursuant to CEQA Guidelines Section 15091, the City Council shall make findings for each of the significant effects identified in the EIR and shall support the findings with substantial evidence in the record. After considering the Final EIR in conjunction with making findings under Section 15091, the City may decide whether or how to approve or carry out the Project. When a lead agency approves a project that will result in the occurrence of significant effects that are identified in the Final EIR but are not avoided or substantially lessened, the agency is required by CEQA to state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. Because the Project would not result in significant and unavoidable impacts, a "statement of overriding considerations" is not required to be prepared. The Final EIR identified potentially significant effects that could result from the Project but can be mitigated through mitigation measures; and WHEREAS, on November 28, 2023, a duly noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 5-0, to approve Planning Commission Resolution No. 2134 recommending approval of General Plan Amendment No. 22-01 to the City Council; and, WHEREAS, on December 19, 2023, a duly noticed public hearing was held before the City Council on said project, at which time all interested persons were given full opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: 3 SECTION 1. That the factual data submitted by the Development Services Department in the Staff Report dated December 19, 2023, is true and correct. SECTION 2. That the City Council finds that based upon the entire record, including all written and oral evidence presented, pursuant to the Arcadia Development Code, all of the following findings can be made. 1. The amendment is internally consistent with all other provisions of the General Plan. FACT: The proposed Amendment is internally consistent with the other provisions of the General Plan. The Project proposed to change the General Plan Land Use Designation from Commercial to Downtown Mixed Use. The expansion of the Downtown Mixed -Use designation onto the Project site allows for development of a mixed-use project in furtherance of the goals and polices found in the Land Use & Community Design Element that promotes new infill and redevelopment of projects and developments that support transit and other alternative forms of transportation, and, most importantly, the Housing Element that provide suitable sites for housing development to accommodate a range of housing for residential use that meet the City's State -mandated Regional Housing and Needs Assessment ("RHNA") growth needs for all income levels. The City's Housing Element requires that the City meet the State - mandated Regional Housing Needs Allocation. Mixed-use development in what was formerly commercial areas is an effective and beneficial way to do so. The City is currently planning a major General Plan update that would change this very property, in addition to all surrounding properties, to Downtown Mixed Use. This proposal is simply arriving before such larger effort of the City. The proposed change will allow the 4 property owner to merge two properties into one parcel to accommodate a larger mixed- use project that is more appropriate for this site. The revised Project continues to implement the General Plan's policies and goals for an orderly development that is supported by public infrastructure and services. The proposed development meets all applicable development standards, including not exceeding the height that is allowed through the Height Overlay of H7 (75 feet in height). 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. FACT: The proposed Amendment is consistent with a City -sponsored amendment that is currently in process that will modify this area to Downtown Mixed Use. To review the specific impacts of this proposed Project, however, an Environmental Impact Report was submitted that analyzed all the potential impacts, and the anticipated impacts from the amended project are less than significant or can be reduced to less than significant levels with the implementation of mitigation measures. Therefore, the General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare. Further, the mixed-use project will provide a superior development to this site and add to the vitality of the area. SECTION 3. That for the foregoing reasons, the City Council approves General Plan Amendment No. GPA 22-01 to amend the General Plan land use designation for the properties at 233 & 301 E. Huntington Drive from "Commercial" to "Downtown Mixed Use," and revise the General Plan Land Use Map to reflect the changes as shown in Exhibit "A". This approval is a part of the entitlements that were approved under City 5 Council Ordinance No. 2398 and City Council Resolution Nos. 7530 and 7532 related to the Derby Mixed Use Development. SECTION 4. The City Clerk shall certify as to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] n Passed, approved and adopted this 19th day of December, 2023. ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney 7 �Ilor`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. 7531 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 December, 2023 and that said Resolution was adopted by the following vote, to wit: AYES: Cheng, Kwan, Wang, Cao, and Verlato NOES: None ABSENT: None City Clerk of the City of Arcadia Exhibit "A" General Plan Land Use Designation Downtown Mixed Use Proposed General Plan Land Use Existing General Plan Land Use DowTdum Mixed Use (BO du¢ae & Lm FM) cow" eiekil (0.5 FAR) I - -