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HomeMy WebLinkAbout6676RESOLUTION NO. 6676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 6562 (ARCHITECTURAL DESIGN REVIEW NO. ADR 2005-026) BY AMENDING CONDITION NO. 9 AND REPLACING CONDITION NO. 2 RELATING TO THE EXPANSION OF WESTFIELD SHOPPINGTOWN - SANTA ANITA (PHASE lb) AT 400 SOUTH BALDWIN AVENUE. WHEREAS, in 2005 Westfield, LLC (as successor-in-interest to Westfield Corporation, Inc.) submitted plans for Architectural Design Review ("ADR 2005- 026") for approximately 100,800 square feet of Gross Leasable Area (GLA) of retail shops, including 10,000 square feet of restaurant uses, and the development of additional parking at the Westfield Santa Anita Mall (the "Mall"), more commonly known as "Phase lb"; and WHEREAS, on May 1, 2007, the City Council approved Resolution No. 6562 conditionally approving ADR 2005-026 for the expansion of the Mall, more commonly known as "Phase lb", subject to the conditions recommended by the Development Services Department; and WHEREAS, an Environmental Impact Report ("EIR") was prepared pursuant to the requirements of the California Environmental Quality Act ("CEQA") for the expansion of up to 600,000 square feet to the Westfield Santa Anita Mall, and the EIR was certified by the City Council on September 5, 2000; and 1 WHEREAS, in January 2007, an EIR Addendum (the "EIR Addendum") was prepared for Architectural Design Review No. ADR 2005-026, and the City Council independently reviewed and considered the EIR and EIR Addendum, which were prepared pursuant to the requirements of CEQA and approved City Council Resolution Nos. 6561 and 6562; and WHEREAS, on March 12, 2009, the City received a request from Westfield, LLC (as successor-in-interest to Westfield Corporation, Inc.) to amend Condition No. 9 (the "Amendment") of Resolution No. 6562 (ADR 2005-026) of the Phase lb approval, to increase the approved restaurant space of 10,000 square feet to up to 23,500 square feet; the Amendment includes outdoor dining and could reduce the retail use from 90,800 square feet to 77,300 square feet (if all of the additional 13,500 square feet were used for restaurant space), but the overall 100,800 square feet of Phase 1 b previously approved by the City Council would not change; and WHEREAS, on May 12, 2009, a duly noticed public hearing concerning the Amendment was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on May 12, 2009, the Planning Commission voted 5-0 to recommend to the City Council approval of the Amendment and a Categorical Exemption under CEQA; and 2 6676 WHEREAS, on June 2, 2009, the City Council conducted a noticed public hearing at which time all interested parties were given full opportunity to be heard and present evidence; and WHEREAS, the City Council voted 5-0 to continue the public hearing to July 7, 2009 and then on July 7, 2009 voted 5-0 to continue the public hearing further to July 21, 2009 at the request of the Applicant and then completed the public hearing on July 21, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Amendment to increase the restaurant space from 10,000 square feet to up to 23,500 square feet, which includes outdoor dining, will enhance the activities in Phase lb, as well as in the entire Mall, by creating a more inviting shopping and dining atmosphere. The Amendment will not change the overall total square footage of Phase lb, and will not result in any new impacts under CEQA. Because the EIR Addendum analyzed the full 100,800 square foot Phase lb area, the minor change embodied in the Amendment will not have any new substantial impacts that were not previously analyzed in the EIR Addendum and qualifies for a Class 1 Categorical Exemption under CEQA as it involves negligible or no expansion of an existing use (regional shopping center). 3 6676 SECTION 2. Section 3 of Resolution No. 6562 is hereby amended by amending Condition No. 9 to read as follows: CONDITION NO. 9 Restaurant uses within Phase lb shall be limited to a maximum of 23,500 square feet of Gross Leasable Area (GLA) which includes any outdoor dining. SECTION 3. Section 3 of Resolution No. 6562 is amended by deleting Condition No. 2 and by substituting therefor a new Condition No. 2 to read as follows: CONDITION NO. 2 Prior to the issuance of a certificate of occupancy for any new restaurant use within Phase lb which causes square footage of all restaurant uses in Phase 1 b to exceed, in the aggregate, 10,000 square feet of GLA, evidence deemed satisfactory by the City's Development Services Director or designee, in his/her reasonable discretion, of completion of the mitigation measure established for the intersection of Foothill Boulevard at Baldwin Avenue West (original Mitigation Measure 7.2.a) shall be provided to the City's Development Services Director. Notwithstanding the above, the City recognizes that Westfield has been issued a permit and started the improvement work contemplated above, that the work is outside the control of Westfield 4 6676 and is subject to Caltrans approval and scheduling control, and that Caltrans has recently directed that the improvement work be delayed for an uncertain period of time to avoid any conflict with an adjacent Caltrans project. If Westfield can demonstrate to the satisfaction of the City's Development Services Director that the improvement work will be completed as soon as reasonably practicable once Caltrans permits, the City shall not withhold issuance of a certificate of occupancy for the new restaurant use. SECTION 4. The City Clerk shall certify the adoption of this Resolution. Passed, approved and adopted this 21St day of July, 2009. of the City of Arcadia ATTEST: ity Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney s 6676 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 Resolution No. 6676 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 21 st day of July, 2009 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht and Wuo NOES: Council Member Amundson and Kovacic ABSENT: None ity Clerk of the City of Arcadia 6 6676