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
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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
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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).
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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
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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
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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
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