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HomeMy WebLinkAbout2398ORDINANCE NO. 2398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ZONING DESIGNATION OF THE PROPERTIES AT 233 & 301 E. HUNTINGTON DRIVE FROM "CG - GENERAL COMMERCIAL" TO "DMU-DOWNTOWN MIXED USE" WITH A HEIGHT OVERLAY OF H7 WITH RESPECT TO THE "DERBY MIXED- USE DEVELOPMENT" AND MAKE REVISIONS TO THE ZONING MAP TO REFLECT THE ZONE CHANGES FOR THESE PROPERTIES WHEREAS, the City Council is authorized by the Arcadia Municipal Code Section 9108.03 to review and approve amendments to the City's Zoning Map and zoning designations; and WHEREAS, the Arcadia Municipal Code, Section 9108.03 provides that the amendment of a zoning designation and/or the Zoning Map shall be accomplished by ordinance; 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 nine (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, 1 Section 21000 et. seq., as amended) and implementing guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq.). In accordance with the CEQA Guidelines; and WHEREAS, 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 ("NOX) 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 2 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 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 lead agency 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 Zone Change No. ZC 22- 01 to the City Council; and, 9 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. 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 Staff Report dated December 19, 2023, are 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 proposed amendment is in conformance with the goals, policies, and objectives of the General Plan. FACT: The proposed Zone Change for the Project is in conformance with the goals, policies and objectives of the General Plan. The Zone Change proposed to change the current General Commercial zoning to Downtown Mixed Use, which allows residential development on the site in an urban, mixed-use format. The change in zoning to Downtown Mixed -Use allows for development of a mixed-use project in furtherance of the goals and polices found in the Land Use & Community Design Element, the Economic Development Element, the Circulation and Infrastructure Element and, most importantly, the Housing Element of the General Plan. The City's Housing Element requires that the City meet the State -mandated Regional Housing Needs Allocation. To 4 do so, mixed-use development in what was formerly commercial areas is an effective and beneficial way to do so. The City is planning a major Zoning Map update that would change the zoning of this very property, in addition to all surrounding properties, to Downtown Mixed Use. This proposal is simply arriving before the City's larger effort. The proposed change will allow the 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 site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land uses/developments. FACT: When joined together through the associated lot line adjustment, the resulting property is 2.23 acres in size. As such, the site is physically suitable for the proposed Project in terms of land use, height, access and egress, parking, and the provision of utilities. There are no physical constraints, and the proposed use and development is compatible with adjoining land uses in that this area will add more commercial uses, including a larger restaurant on the ground floor and add vitality to this part of the commercial corridor. The Environmental Impact Report submitted along with the Project reviewed all of the site logistics and utility provision challenges 5 inherent in the area. Through mitigations and conditions approval, there are no deficiencies, and the site is suitable for the change in zoning. 3. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. FACT: The proposed Zone Change is consistent with a City -sponsored zoning change that is currently in development 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 Project are less than significant or can be reduced to less than significant levels with the implementation of mitigation measures to traffic, noise, air quality, geology, hazards, and utilities and service systems. Therefore, the Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of adjacent uses in the vicinity and of this property. 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 Zone Change No. ZC 22-01 amend the zoning designation of the properties at 233 & 301 E. Huntington Drive from "CG — General Commercial" to "DMU - Downtown Mixed Use" with a height overlay of H7 with respect to "The Derby Mixed Use Development' and make revisions to the Zoning Map to reflect the changes for these properties as shown in Exhibit "A". This approval is a part of the entitlements that were approved under City Council Resolution Nos. 7530. 7531, and 7532 related to the Derby Mixed Use Development. EXHIBIT "A" Zoning Map/Zoning Designation Change Proposed Zoning SOwjal Ndgft Ove -day (H-7) Existing Zoning GwWal Cwwdetdfll K -G) SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance. Passed, approved and adopted this 16th day of January , 2024. ATTEST: �L v City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney 7 P.y-vor of City of Arcadia i' 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. 2398 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 January, 2024 and that said Ordinance was adopted by the following vote, to wit: AYES: Cheng, Kwan, Wang, Cao, and Verlato NOES: None ABSENT: None �. o- . City Clerk of the City of Arcadia