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Home My WebLink About31A - 801 N. ROSS STREET REQUEST FOR COUNCIL ACTION ~ ~-"~f~, ~&UCallOn I.., ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 7, 2005 TITLE: VARIANCE NO. 2005-01 TO ALLOW A REDUCTION IN SETBACKS FOR A NEW OFFICE BUILDING AT 801 NORTH ROSS STREET - HOSSEIN MALAKOOTI, APPLIC/ ') /"2, ,~ ~~- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2005-01 as conditioned. PLANNING COMMISSION ACTION On February 14, 2005, the Planning Commission adopted a approving Variance No. 2005-01 as conditioned by a vote of abstained) to allow reductions of street setbacks for a building in the professional (P) zoning district at 801 Street. The Planning Commission made no changes to the conditions of approval outlined in the attached staff report resolution 6: 0 (Nalle new office North Ross recommended (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~~ St hen G. rding Executive Director Planning & Building Agency PG:rb pg\reports\vaOS-Ol.cc " . 31A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: FEBRUARY 14, 2005 TITLE: PUBLIC HEARING - FILED BY HOSSEIN MALAKOOTI FOR VARIANCE NO. 2005-01 TO ALLOW A REDUCTION IN SETBACKS FOR A NEW OFFICE BUILDING AT 801 NORTH ROSS STREET APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO Prepared by Pedro Guillen ~~'7f!J' Execu e Director ~ ~ Planning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2005-01 as conditioned. DISCUSSION Request of Applicant Mr. Hossein Malakooti is requesting approval of a variance to allow a reduction in the front and side yard setbacks to facilitate the construction of a new office building at 801 North Ross Street. Property Description The development site is a rectangular shaped vacant parcel of land comprised of two lots measuring approximately 11,500 square feet, located on the northeast corner of Ross Street and Civic Center Drive. The property is located in the Professional (P) zoning district, which allows medical, dental and professional office uses, and has a General Plan land use designation of Professional and Administrative Office (PAO) with a floor area ratio of 1.0. The surrounding land uses consist of government buildings to the south and east, professional offices to the west and residential to the north (Exhibits 1 and 2) . Project Description The proposed project involves the merging of two lots to allow the construction of a new 2,660 square foot office building (Exhibits 3 and 4). A lot line adjustment is required and is currently being processed by staff to combine the two lots. The office building will include 1,328 square feet of dental office space and 1,332 square feet for professional office. EXHIBIT A 31A-2 Variance No. 2005-01 February 14, 2005 Page 2 The parking requirement for medical office is six spaces for each 1,000 square feet and general office requires three spaces for each 1,000 square feet of gross floor area for a total of 12 on-site parking spaces required for this proj ect. As proposed the proj ect meets the on-site parking requirements. The architectural design of the building reflects a contemporary design (Exhibits 5 and 6) with high quality materials and finishes. As proposed, the exterior design elements of the building include a smooth stucco finish, plaster cornice treatment, granite tile and marble, and lighting accents. Additionally, metal canopies will be utilized as accents at the primary entrances. Analysis of the Issues Professional zone development standards require all structures to maintain a 15-foot setback along front yards and on side yards abutting a street. The applicant's original proposal complied with all development standards, including front and side yard setbacks. Staff analysis found that due to the small lot size and corner location, the on-site circulation design was not efficient and that the setbacks, in this location, resulted in a building configuration that was not consistent with the existing development pattern along Civic Center Drive. The variance will allow the applicant to move the building to within three-feet of the property line on Ross Street and Civic Center Drive. Staff performed a survey of the existing front yard setbacks of nine adjacent buildings along the north side of Civic Center Drive (Exhibit 7). One building has an approximate setback of 25 feet, another has a 15-foot setback and an additional building has a five-foot setback. The remaining six buildings have zero setbacks, including the buildings immediately adjacent to the east and west. Based on the survey, staff determined that the best site design was to move the building footprint closer to the property line to follow the existing pattern of development. By shifting the building south, more space could be utilized to improve on-site circulation and allow for easier vehicle flow entering and exiting the site. As proposed, the building footprint will be consistent with the existing development pattern and will result in positive impacts to the neighboring properties. 31A-3 Variance No. 2005-01 February 14, 2005 Page 3 In conclusion, the proposed office building has been designed to be compatible with the surrounding development. The project will comply with all other development standards for the Professional zoning district. Additionally, the project complies with the goals and objectives of the General Plan by creating a new development which is harmonious in scale and character with the existing pattern of development in the area and by utilizing high quality design, materials, and finishes. Based on the above analysis, staff recommends the Planning Commission approve Variance No. 2005-1 as conditioned (Exhibits 8 and 9) . CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15303 (c) as the office building does not exceed 10,000 square feet, and section 15305 (a), which exempts setback variances that do not create new parcels. Categorical Exemption Environmental Review No. 04-137 will be filed for this project. ~GU~~ Assistant Planner I PG:JM pg\reports\vaOS-Ol.pC 31A-4 p p I~IDI I~ SO-55 C3-H~1 li~~ I R2 R2 50-13 50-2 C3-A C2 .HDII f-'" R2 p o ij I P SO-18 C1 II Cl II C2 I~~ I R2 II R2 I~ R2 lODE] boC1 ~ R2 I R2 Il~:~TAV R2 18. II R2 IrRal C5 -HOlt R2 1ST B_~~~ ~I R1 31 R1 o ~-I.O--O---D---:UDD ~~~@J~~G fC2:;;;1 ~2-HO" . - C2- C2- 0 C2- C2- w 0 c::..::.J : : 72 HDII HDII ~ HDII HOlt ~ QD R2 :00--00 D~Icl~:[CD@] r:l~QQ~ :0 Lh ~~J~D~iLJ01R3liR3: iBO 00 D rn@@ BB B8B 8B BE ...--.......--..,...........__~A~ ________ R'ill Rl o Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM_ COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP ~ ~-~ VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET JA ~ - = 500 FEET l' = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 31A-5 N G AGE N C Y ~ ~-~ -J <( 0 Ui .... 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UJ I- (j) W ~ ,II' (". ~: <( C") ~~ . e!S ~: a~ w~ ~ i. li; (Ii ~~ ii~ == hl~< z (/) 0 Z I- a ~ w ~ ....J W <( J: I- > e:::: 0 ill Z --l ill J ~ ~ ~ II) II) J: II) II) 0 w II) PROJECT a: z 0 iii z a: SITE 25' ~ G 0 V E R ~ ~"~ 0' t CIVIC CENTER r-l '1 r F~} , R N A #{' SETBACKS VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET PLANNING AND BUILDING AGE N C Y VA 05-1 EXHIBIT 7 31A-11 Variance 2005-01 February 14, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The development proj ect has special circumstances that warrant the granting of a variance. The proposed building has setbacks of three-feet from the front and street side property lines. A survey of the existing front yard setbacks of the adjacent structures along the north side of Civic Center Drive has determined that the most immediately adj acent buildings have zero setbacks. Additionally, due to the shape and size of the lot, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. By being compatible with the existing pattern of development, the proposed yard reduction should not have a negative impact to the existing street pattern. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to utilize the property to the best extent possible and allow him to construct a high quality office development. The establishment of this structure is consistent with the development pattern along the north side of Civic Center Drive. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Civic Center, which offers a variety of office, government service buildings and architecture styles. The proposed project accomplishes Goal 2.9 of the General Plan Land Use Element, VA 05-1 3 ;~~,~ Variance 2005-01 February 14, 2005 Page 2 of 2 supporting new development which is harmonious in scale and character with existing development in the area and Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. The encroachment into the front and side yard setbacks will not have a negative impact on the existing neighborhood character and will provide architectural design that will follow the existing pattern of development. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the compatible setbacks of the structure with the existing structures along the north side of Civic Center Drive will accomplish this goal. D. That the granting of a variance will not adversely affect the General Plan of the City. The variance will not adversely affect the General Plan as it will be consistent with the goals and policies expressed in that document. Additionally, Office is a permitted use in the Professional zoning district. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are consistent wi th the arc hi tectural character of the neighborhood. The office building will be architecturally compatible with the existing pattern of development. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front and side yard setback will not negatively impact the existing pattern of development along the north side of Civic Center Drive. 31A-13 FEBRUARY 14, 2005 PAGE 1 OF 1 Conditions for Approval Variance No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The proj ect shall remain in compliance with Site Plan Review DP No. 2004-42. 2. Prior to issuance of building permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 3 . Prior to issuance of building permits, elevation accents surrounds including, but not limited to decorative stone building light fixtures, shall be subject to review approval by the Planning Manager. and and and 4. Prior to issuance of building permits, a revised landscaping plan, which includes decorative paving at southwest corner, shall be submitted for review and approval by the Planning Manager. 5. Prior to issuance of Certificate of Occupancy, bumper guards shall be provided for 90-degree parking stalls to prevent parked vehicles from intruding into any landscaped area. 6. Signage will be subj ect to separate review and approval and must meet all the standards of sign code Sections 41-850 through 41-1000 of the Santa Ana Municipal Code. VA 05-1 31){~1'~ 9 KO -2/23/05 RESOLUTION NO. 2005-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2005-01 TO ALLOW A REDUCTION IN THE FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 801 NORTH ROSS STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance 2005-01, for a reduction in the front and side yard setback requirements to facilitate the construction of a new office building at 801 North Ross Street. B. Variance No. 2005-01 came before the Planning Commission on February 14,2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2005-01 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The development project has special circumstances that warrant the granting of a variance. The proposed building has setbacks of three-feet from the front and street side property lines. A survey of the existing front yard setbacks of the adjacent structures along the north side of Civic Center Drive has determined that the most immediate adjacent buildings have zero setbacks. Additionally, due to the shape and size of the lot, the denial of the variance would deprive the property owner the privilege of constructing a quality office development. By being compatible with the existing pattern of development, the 31A-15 Resolution No. 2005-04 Page 1 of 4 proposed yard reduction should not have a negative impact to the existing street pattern. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to utilize the property to the best extent possible and allow him to construct a high quality office development. The establishment of this structure is consistent with the development pattern along the north side of Civic Center Drive. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. i. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Civic Center, which offers a variety of office, government service buildings and architecture styles. The proposed project accomplishes Goal 2.9 of the General Plan Land Use Element, supporting new development which is harmonious in scale and character with existing development in the area and Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. ii. The encroachment into the front and side yard setbacks will not have a negative impact on the existing neighborhood character and will provide architectural design that will follow the existing pattern of development. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the compatible setbacks of the structure with the existing structures along the north side of Civic Center Drive will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. The variance will not adversely affect the General Plan as it will be consistent with the goals and policies expressed in that document. Additionally, office is a permitted use in the Professional zoning district. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are consistent with the architectural character of the 31A-16 Resolution No. 2005-04 Page 2 of 4 neighborhood. The office building will be architecturally compatible with the existing pattern of development. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front and side yard setback will not negatively impact the existing pattern of development along the north side of Civic Center Drive. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15303 (c) as the office building does not exceed 10,000 square feet, and section 15305 (a), which exempts setback variances that do not create new parcels. Categorical Exemption Environmental Review No. 04-137 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2005-01 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 14th day of February, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31A-17 Resolution No. 2005-04 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on Date: Clerk of the Planning Commission City of Santa Ana 31A-18 Resolution No. 2005-04 Page 4 of 4 Conditions for Approval for Variance No. 2005-01 Variance No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 2004-42. 2. Prior to issuance of permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 3. Elevation accents and surrounds including, but not limited to decorative stone and pavement, light fixtures and signs shall be subject to review and approval by Planning Manager. 4. A revised landscaping plan, which includes decorative paving at southwest corner, shall be subject to review and approval by Planning Manager. 5. Bumper guards shall be provided for 90-degree parking stalls to prevent parked vehicles from intruding into any landscaped area. Exhibit "An 31A-19 31A-20