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,
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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
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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,
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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
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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
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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:
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City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
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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
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City Clerk of the City of Arcadia