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HomeMy WebLinkAboutItem 2c: Resolution 6702 Relating to Expansion of Westfield ShoppingtownDATE: November 3, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director 51 SUMMARY DISCUSSION STAFF REPORT Development Services Department SUBJECT: RESOLUTION NO. 6702 REPEALING RESOLUTION NO. 6676 WHICH AMENDED RESOLUTION NO. 6562 RELATING TO THE EXPANSION OF WESTFIELD SHOPPINGTOWN SANTA ANITA (PHASE 1B) AT 400 SOUTH BALDWIN AVENUE TO ALLOW ADDITIONAL RESTAURANT SPACE RECOMMENDED ACTION: APPROVE On October 14, 2009, Westfield, LLC (Westfield) submitted a letter to the City requesting that the City Council vacate its approval of Resolution No. 6676. Resolution No. 6676 was approved by the City Council on July 21, 2009 and it had granted approval for Westfield to expand restaurant uses into 13,500 square feet of tenant space. Based on the request from Westfield, Resolution No. 6702 was prepared to repeal the previous resolution and vacate the approval of additional restaurant space. In March of 2009, Westfield submitted an application to amend a condition of approval from Resolution No. 6562, concerning Phase 1 b of the Westfield Santa Anita Mall. The application sought to amend Condition 9, which limited the restaurant space in Phase 1 b "The Promenade to a maximum of 10,000 square feet. The requested new amount of restaurant area was 23,500 square feet (and the retail square footage was proposed to be reduced by a commiserate amount). The Staff recommended approval of the application along with approval of a Categorical Exemption to be filed to comply with requirements of the California Environmental Quality Act (Class 1- Existing Facilities). On May 12, 2009 the Planning Commission voted 5 -0 to recommend approval of the application and the Categorical Exemption to the Council. On July 21, the Council voted 3 -2 to approve Resolution No. 6676, which amended the previous Resolution (Reso. No. 6652) and approved the additional restaurant floor area. The decision of the City Council was challenged by Santa Anita Associates, LLC, and a petition for Writ of Mandamus and Administrative Mandamus was filed with Los Angeles Resolution No. 6702 Page 1 November 3, 2009 Superior Court. The decision was challenged based on the CEQA determination of a Categorical Exemption. On October 14, 2009, the City received a letter from Westfield requesting that the City Council vacate its approval of Resolution No. 6676. The letter states that Westfield does not believe the dedication of resources and expenditure of funds necessary to defend the lawsuit is warranted under the circumstances. FISCAL IMPACT There is no fiscal impact associated with approving the attached Resolution. RECOMMENDED ACTION That the City Council approve the attached Resolution No. 6702, a resolution repealing Resolution No. 6676 which amended Resolution No. 6562 relating to the expansion of Westfield Shoppingtown Santa Anita (Phase 1 b) at 400 South Baldwin to allow additional restaurant space. Approved By Donald Penman City Manager Attachment: Resolution No. 6702 Letter from Westfield requesting vacation of approval (October 14, 2009) Resolution No. 6702 Page 2 November 3, 2009 RESOLUTION NO. 6702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REPEALING RESOLUTION NO. 6676 WHICH AMENDED RESOLUTION NO. 6562 RELATING TO THE EXPANSION OF WESTFIELD SHOPPINGTOWN SANTA ANITA (PHASE lb) AT 400 SOUTH BALDWIN AVENUE TO ALLOW ADDITIONAL RESTAURANT SPACE WHEREAS on March 12, 2009, the City of Arcadia (the "City received a request from Westfield, LLC, the successor in interest to Westfield Corporation, Inc., to amend Condition 9 of Section 3 (the "Amendment of Resolution No. 6562 concerning Phase lb of the Westfield Santa Anita Mall (the "Mall to increase the approved restaurant space of 10,000 square feet to up to 23,500 square feet; and WHEREAS, on May 12, 2009, based on its review of the 2000 Environmental Impact Report prepared for the Mall and the 2007 Addendum prepared for Phase lb of the Mall under the California Environmental Quality Act "CEQA the Planning Commission voted 5 -0 to recommend to the City Council approval of the Amendment and a Categorical Exemption under CEQA; and WHEREAS on July 21, 2009, following a duly noticed and conducted public hearing, the City Council voted 3 -2 to approve Resolution No. 6676 approving the Amendment, as well as a modification to Condition 2 of Section 3 of Resolution No. 6562 and a Categorical Exemption under CEQA; and WHEREAS, in a letter to the City dated October 14, 2009, Westfield, LLC, the applicant for the Amendment, and Santa Anita Fashion Park L.P., the fee owner of the Mall property (collectively, "Westfield of their own accord, requested that the City Council vacate its approval of Resolution No. 6676. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct. SECTION 2. Pursuant to Westfield's request, the City Council hereby repeals, vacates and sets aside Resolution No. 6676. The repeal of Resolution No. 6676 includes the repeal of the amendment to Condition 9 and the replacement of Condition 2 of Resolution No. 6562. Condition 9 and Condition 2 of Resolution No. 6562 are hereby reinstated in their original terms and formats. SECTION 3. This Resolution shall be effective upon its adoption. Passed, approved and adopted this day of November, 2009. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 Mayor of the City of Arcadia October 14, 2009 Mr. Don Penman City Manager City of Arcadia 240 W. 1inntington Dr. Arcadia, CA 91066 -6021 J1 :nis 1 FGA 1 2!31 5(Out)6v2 11601 ':Ni si'oi e. E4ivc1. 11 t1? floor Los Angeie CA 90025 T 10 478.4456 1: ;1 893.4780 Re: City Council Resolution No. 6676, Amending Architectural Design Review No. 2005 -026 and City Council Resolution No. 6562 To Provides for the Conversion of Retail .Space to Restaurant ant Space at Westfield Santa Anita Dear lvir. Penman: On behalf of Westfield, I,I,C, the applicant for the above- referenced approvals and Santa Anita Fashion Park [.,.P., the fee owner of the Westfield Santa Anita property (collectively, "Westfield' the purpose of this letter is to request that the City of Arcadia vacate City Council Resolution 6676. As you know, Resolution 6676 amends Westfield's existing entitlements for the Phase lb developrncnt at Westfield Santa Anita to authorize the conversion of up to 13,500 square feet of retail space to restaurant space in ackliiion to the 10,000 square feet of restaurant space previously approved for Phase lb the "Restaurant Conversion"), and declares that such amendment qualifies for a Class 1 Categorical Exemption under the California Environmental Quality Act "CEQA Although we are confident that the City made the correct: determination that a Categorical Exemption is appropriate and that the City's action would be vindicated in Court, we do not believe that the dedication of resources and expenditure of funds necessary to defend Caruso's lawsuit for the Restaurant Conversion is warranted under the circumstances. Accordingly, although we appreciate the City's support for our Restaurant Conversion, we respectfully request that R.esolution 6676 be vacated. Thank you so much for your efforts in this matter and that of your staff. We look forward to continuing to work with you to enhance Westfield Santa Anita. C'c: Jason Knickeberg Stephen Deitsch ,John 1114. Mealy Vice President Development