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Home My WebLink AboutF-1 Staff Report - TOD Specific Plan Amendment Second Reading Ordinance No. 2018-02SECOND READING ORDINANCE ITEM F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: KURT CHISTIANSEN, FAICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 20, 2018 SUBJECT: SECOND READING OF ORDINANCE NO. 2018-02 FOR A SPECIFIC PLAN AMENDMENT (SPA-2018-01) AMENDING THE TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN. BACKGROUND: On November 2, 2015, the City Council approved the Transit Oriented Development Specific Plan, Final Environmental Impact Report, and associated zone change. On June 19, 2017, the City Council approved the first amendment to the Transit Oriented Development Specific Plan. The Specific Plan is being amended to reflect recent changes in the downtown area. On May 30, 2018 and June 13, 2018, the City of Azusa Planning Commission conducted a duly noticed public hearing and unanimously recommended to the City Council approval of Specific Plan Amendment No. SPA-2018-01. This action approves for first reading by title only an ordinance amending the TOD Specific Plan. On July 16, 2018, the City Council approved the first reading of Ordinance No. 2018-02 for Specific Plan Amendment No. SPA-2018-01. RECOMMENDATION: Staff recommends that the City Council take the following action: 1. Adopt Ordinance No. 2018-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING THE TOD SPECIFIC PLAN. APPROVED CITY COUNCIL 8/20/2018 Specific Plan Amendment No. SPA-2018-01 City Council Meeting – July 20, 2018 Page 2 of 2 ANALYSIS: Attached to this Staff Report is the proposed Ordinance No. 2018-02 which was introduced at the July 16, 2018 City Council meeting. If no further revisions to the Ordinance are desired, Council can move for the adoption of the Ordinance. FISCAL IMPACT: The City is requesting the amendments and all associated entitlements costs be waived. Reviewed by: Kurt Christiansen, FAICP Economic and Community Development Director Reviewed and Approved by: Sergio Gonzalez City Manager Prepared by: Manuel Muñoz Associate Planner Fiscal Reviewed by: Talika M. Johnson Director of Finance Attachments: Attachment 1 - Draft Ordinance No. 2018-02 ORDINANCE NO. 2018-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING THE TOD SPECIFIC PLAN AND MAKING CEQA FINDINGS WHEREAS, the City Council adopted the TOD Specific Plan and associated Zone Change at a regular meeting on November 2, 2015; and WHEREAS, the original approval of the TOD Specific Plan and Zone Change was considered a “project” under the California Environmental Quality Act (“CEQA”), and an accompanying Final Environmental Impact Report (SCH#2015021018) was certified for the project by the City Council on November 2, 2015; and WHEREAS, preparation of additional environmental documentation is not necessary for the City to act on the amendments to the TOD Specific Plan because there are no substantial changes to the TOD Specific Plan, substantial changes to the circumstances under which the TOD Specific Plan would be undertaken, or new information of substantial importance related to these minor modifications to the TOD Specific Plan that would result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and, WHEREAS, the Planning Commission of the City of Azusa, after giving notice thereof as required by law, held a public hearing on May 30, 2018 for a City-initiated amendment to the TOD Specific Plan (Specific Plan Amendment No. SPA-2018-01); and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. CEQA Compliance. Based on all of the evidence in the administrative record, including all oral and written testimony presented, the City Council of the City of Azusa hereby finds that preparation of a subsequent or supplemental EIR or any other CEQA document is not required under California Public Resources Code section 21166 and State CEQA Guidelines section 15162 because the amendment to the TOD Specific Plan: 1.Does not constitute a substantial change to the project that will require major revisions of the EIR due to the involvement of new significant Attachment 1 environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Does not constitute a substantial change with respect to the circumstances under which the project is administered that will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and 3. Does not involve new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows any of the following: (a) the offer of dedication will have one or more significant effects not discussed in the EIR; (b) significant effects previously examined will be substantially more severe than shown in the EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt. SECTION 3. The TOD Specific Plan is hereby revised as shown on Exhibit “A” – Redline Specific Plan: SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 213 E. Foothill Blvd., Azusa, CA 917025. The custodian of these records is the City Clerk. SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa. SECTION 8. Notice of Determination. The City Council hereby directs staff to prepare, execute, and file a notice of determination with the Los Angeles County Clerk within five working days after second reading of the TOD Specific Plan Amendment Ordinance. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa, California, at a regular meeting of the City Council held on the ____ day of ___________________, 20___, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City of Azusa ________________________________ Joseph R. Rocha, Mayor ATTEST: ________________________________ Jeffrey Cornejo, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP _______________________________ Marco Martinez, City Attorney CERTIFICATION I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at a regular meeting of said City Council on the _____ day of _______________, 20___ and was finally passed and adopted not less than five (5) days thereafter on the ____ day of _____________, 20___ by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Jeffrey Cornejo, City Clerk