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
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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