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Home My WebLink About31A - 801 N. ROSS STREET REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ~ JULY 18, 2005 TITLE: AMENDMENT TO VARIANCE NO. 2005-01 TO FACILITATE THE CONSTRUCTION OF A NEW TWO-STORY OFFICE BUILDING AT 801 NORTH ROSS STREET - HOSSEIN MALAKOOTI,~PLICANT k::~/~J6~-- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Recei ve and file the staff report approving amendment to Variance No. 2005-01 as conditioned. PLANNING COMMISSION ACTION On June 27, 2005, the Planning Commission approved an amendment to Variance No. 2005-01 as conditioned by a vote of 5:0 (Gartner and Nalle absent) to facilitate the construction of a new two-story office building in the Professional (P) zoning district at 801 North Ross Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. . Trevino E e tive Director Planning & Building Agency PG:rb pg\reports\va045-01mod.cc 31A-1 REQUEST FOR Planning Commission Action ~/ '''-- ~'taAh~ ~--,--~ ,/ oucallon 1 ~'~', /.>>,~---'>;!J-> -~ "'-' PLANNING COMMISSION MEETING DATE: JUNE 27, 2005 PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - FILED BY HOSSEIN MALAKOOTI TO ALLOW MODIFICATIONS TO VARIANCE NO. 2005-01 APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Pedro Guillen ~utive Director RECOMMENDED ACTION ~~~~ Planning Mager Adopt a resolution approving variance No. 2005-01 as conditioned. DISCUSSION Request of Applicant Mr. Hossein Malakooti is requesting to modify Variance No. 2005-01 to facilitate the construction of a new two-story 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 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 proj ect involves the merging of two lots to allow the construction of a new 4,166 square foot two-story office building (Exhibits 3 through 5). A lot line adjustment is required and is currently being processed by staff to combine the two lots. EXHIBIT A 31A-2 Variance No. 2005-01 June 27, 2005 Page 2 The parking requirement for general office use is three spaces for each 1,000 square feet and general office requires three spaces for each 1,000 square feet of gross floor. As proposed, the project meets the on-site parking requirements. The architectural design of the building reflects a contemporary design (Exhibits 6 through 8) 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, clear glass windows and metal canopies will be utilized as accents at the primary entrances. Analysis of the Issues On February 14, 2005, the Planning Commission approved Variance No. 2005- 01. The project involved construction of a 2,660 square foot single-story office building with three-foot setbacks on Ross Street and Civic Center Drive. A variance was required for the reduced setbacks, as the Professional zone requires all structures to maintain a 15-foot setback along front and side yards abutting a street. The Planning Commission determined that the building was compatible with the existing pattern of development along Civic Center Drive and approved the variance. After performing a cost and benefit analysis of the building and off-site improvements, the applicant determined that a one-story building was not economically feasible (Exhibit 9). As a result, the applicant has revised the building design and now requests approval of a two-story building totaling 4,166 square feet. The building will maintain the same setback on Civic Center Drive and will increase the landscape setback along Ross Street from the previously approved three-foot setback to nine feet (Exhibit 10). Staff performed a survey of the adj acent buildings along Civic Center Drive. Except for one building, all of the buildings on Civic Center Drive have two or more stories (Exhibit 11). As proposed, the building design will be consistent with the existing development pattern and will result in positive impacts to the neighboring properties. The 4,166 square foot building will require 12 parking spaces, which the applicant will be able to accommodate. 31A-3 Variance No. 2005-01 June 27, 2005 Page 3 In conclusion, staff has determined that the proposed office building has been designed to be compatible with the surrounding development in respect to design and height. 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 the proposed modifications to Variance No. 2005-01 as conditioned (Exhibits 12 and 13) . 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. ~Y\V Pedro Guillen~ Assistant Planner I Vince Frego 0, Senior Plann PG:JM pg\reports\va05-01mod.pc 31A-4 Rl L,:"8"' W I R2 I _ R2 -1''' 1", Rl GC p IlJBD I 01 p I~ SO-55 P 0 50-13 I P 50-18 Cl II Cl II C2 I~i I R2 II R2 I~ R2 I~B R1 boC1 ~ R2 I R2 R1 11=. R2 181 nIT: ""Rill Rl R2 I fR3l : C3-HDII i~~ I R2 R2 o C2 -HOII f-'" R2 50-2 50-1 C5 -HOII R2 1ST o IIO--O---On-:rsD-l Qb1~IcJIcJ~r-::J ~ ~ : :LiJ t:J~it:Jrn~ QD ~ :00--00 O~Icl~;@]@] r:l0QQ~ :0 ~ ~t!i@]~iLJQO ~ :00 DO D rn ic:ltl frJ~ ~QO ~ ~ :0 ~~~0000~~ ...--_....... ..-...-.~A~ ~ __.............. -.. ~ WAlNUT ST. 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 M1 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 1m ~~ VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET A cW' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BUILD EXHIBIT 1 31A-5 N G AGE N C Y ~ ~~ -J "'l: a Ui I- Cf) W f- PROFESSIONAL LL SINGLE W a D: c:t: FAM. RES. 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Vii ;~ is i~ z ~~ ~I' ~~ ~ g~ w ,~ o ~s i ~ . 8 ~ e ~ ! ~ s ~ li:i! ~ ~ ~ i 0-" " < ~ ~I ~ i ~ ~i '" EI EI El ! a , i ! f ~ i ~ ; . ~ , ~ ~~ . 3 . 01 'i S ~ E1E18E1El ,t 0'1 ('-Ji j' I I I i ! !I IT" EffAl;l1 -.0 V) z o I- <( > LU ....I LU ~ Gi- ~~ ~~ ~:::J ~O'l I-CO VJ<e; ~~ ~~ uZ O::z ~~ i=< ~tf: ~~ o ZZ 0: - '" c.. ~ if.) ! ~ ! ! " s ~I ~ ~ ~ ~ ~ ; ; 1;;' · · '" EI El EI ~ ~ 8 ~ ; I e .1 ~ i ~ ~ ~i h t I i G EI G EI EJ ~ ~~ ~ ~ ~ N ~~ ~= ~.~ o co. Cl~ ~!- ~ Iii ~Ii !~ Iji il hH~ V') Z 0 I~ I- , ' I <( ~ > LU -l LU ~li12 ~ ~- o ",0 c:::~ c::~ l.LI:;:) f-<O"> r- a:J Ul-t: ~~ ~~ Uz 0:::< !;'Q ~~ u~ ",-< w of- t:; Z Z '" - <( Q. 0 '" '" Hossein Malakooti 50 Amberleaf Irvine, CA 92614 (949) 929-5634 April 26, 2005 City of Santa Ana Planning Department. Re: ModificationslRevisions to DP 2004-42 (Variance) 801 North Ross St. Santa Ana, CA 92702 Dear Sir. Our original plan was to develop a building approximately 2600 square feet of which approximately 1300 square feet would have been a dental office and the rest general office space at above site. After considering the cost of development of the project which includes a large sum of offsite improvement costs including but not limited to the reconstruction of the entire side walk along Ross St to the east as well as the entire side walk along Civic Center Drive to the south of the property and widening and repaving ofthe alley to the east. If under any circumstances the dental office does not succeed and the space is to be leased, as office space the income generated is not sufficient enough to sustain the property, furthermore the site is better suited for general office use. We have proposed a 2-story office building approximately 4,200 square feet. Of the many different design schemes we developed and presented to the planning department staff the current one seems to be the best option. The landscape area to the east of the parking lot abutting the alley has been reduced by approximately 63 square feet, in lieu of that we have made the planters along Ross St to the west as well as the one on the east side along the alley and south side much larger which will be planted with larger trees visible from Civic center Drive. As with our previous submittal and discussions through out this project we are always open and welcome any suggestions the planning department may have with regards to exterior color and material to be used, treatment elements as well as any landscaping concerns they may have. Sincerely. Hossein Malakooti 7-(~l1d~ ~~t3 ).311.. J, f" . . l! I~ ~ z :t=~ . ! ;! { , =ib= ~!~ ~Ii ", j - - ----..,..,..... ~ \ /,~ '9- I \ I ....;..;-z;,;: . J '''':" I I I I - I I 13HlS SSO<l ~~~t4 . ~~ ~: ,. '" Ll) - c i!, ~ ~..:. .,1 ~I ~~i ~~ ~ jj. .~! ", ~d !: ,. i lllI I ill!< , I Z I I J<( I I ~-l I I ::Ja.. I t- I I l.w 1 ilia.. 1 \)<( 1 1.U 1 oV) 1 \,)0 Z <( I -l -I .1 > ~ 1 ~I ; I ~I ~I u ~ I ~I 0 > ~I UI I I 1 I I ~ ~o 25 1ij~ ~3 f;j~ rz~ ~~ j~ ~~ ~&' i=~ Ct2 ~f- "-lzZ ~ o~ "- 00 "".,....,~"",."......>_.......-~,.._-~~ J ~ ...,: ...,: en en :I: en u en a: w en ~D~m~ z 0 PROJECT z a: 3 4 1 ~ I..;'SITE 2 1l::Z 2)1T 2 CIVIC CENTER G 0 v E R n'1 rl~" E " N ~I' N~ I Building Stories ~ ~...~ VA 05-1 HOSSEIN MALAKOOTI 801 NORTH ROSS STREET A eW PLANNING AND BUILDING AGE N C Y 31fJ1!~f 61 i variance 2005-01 June 27, 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 street setbacks of three feet and nine feet from the front and side property lines. A survey of the existing front yard setbacks of the adj acent structures along the north side of Civic Center Drive has determined that the most immediately 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 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, Mi.lJf6 Variance 2005-01 June 27, 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 proj ects 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 architectural 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-17 j JUNE 27, 2005 PAGE 1 OFl 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. Prior to issuance of building permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 2. 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 3. Prior to issuance of building permits, plan, shall be submitted for review Planning Manager. a revised landscaping and approval by the 4. 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. 3~~~!" U KO -6/23/05 RESOLUTION NO. 2005-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING 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. On February 14, 2001, Planning Commission approved Variance No. 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. The project involved construction of a 2,660 square foot single- story office building with three-foot setbacks on Ross Street and Civic Center Drive. The Planning Commission determined that the building was compatible with the existing pattern of development along Civic Center Drive and approved the variance B. The applicant now seeks an amendment of Variance No. 2005-01. The applicant has revised the building design to a two-story building totaling 4,166 square feet. The building will maintain the same setback on Civic Center Drive and will increase the landscape setback along Ross Street from the previously approved three-foot setback to nine feet C. On June 27,2005 Planning Commission held a duly noticed public hearing on the amendment of Variance No. 2005-01 D. The Planning Commission determines that for the amendment to 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. 31A-19 Resolution No. 2005-20 Page 1 of 4 The development project has special circumstances that warrant the granting of a variance. The proposed building has street setbacks of three feet and nine feet from the front and 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 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 proposed yard reduction will 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 31A-20 Resolution No. 2005-20 Page 2 of 4 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. i. 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 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. E. 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 has been filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby amends 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 27th day of June, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Nalle (2) ABSTENTIONS: Commissioners: None (0) 31A-21 Resolution No. 2005-20 Page 3 of 4 Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 27, 2005. Date: Clerk of the Planning Commission City of Santa Ana 31A-22 Resolution No. 2005-20 Page 4 of 4 Conditions for Approval for Amended Variance No. 2005-01 Amended 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 . Prior to issuance of building permits, Lot Line Adjustment No. 2004-03 must be approved and a new grant deed recorded. 2. Prior to issuance of building permits, elevation accents and surrounds including, but not limited to decorative stone and building light fixtures, shall be subject to review and approval by the Planning Manager. 3. Prior to issuance of building permits, a revised landscaping plan, shall be submitted for review and approval by the Planning Manager. 4. Signage will be subject 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. Exhibit "A" 31A-23 31A-24