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HomeMy WebLinkAbout31A - 1007 N BROADWAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: VARIANCE NO. 2008-13 AND SITE PLAN REVIEW NO. 2008-04 TO ALLOW ENCROACHMENTS INTO THE PARKING STALLS FOR THE ONE BROADWAY PLAZA OFFICE TOWER AT 1007 NORTH BROADWAY - ONE BROADWAY PLAZA LLC, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-13 as conditioned and Site Plan Review No. 2008-04 as conditioned. PLANNING COMMISSION ACTION On May 27, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-13 as conditioned and Site Plan Review No. 2008-04 as conditioned by a vote of 3:1 (Mill opposed; Betancourt, De La Torre and Munoz absent) to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls at 1007 North Broadway in the Specific Development No. 75 (SD-75) zoning district. 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. _~1----, J M. Trevino Executive Director Planning & Building Agency VF: rb of/reports/va08-13spr08-09 One Broadway. cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 27, 2008 TITLE: PUBLIC HEARING - FILED BY ONE BROADWAY PLAZA LLC FOR VARIANCE NO. 2008-13 AND SITE PLAN REVIEW NO. 2008-04 TO ALLOW ENCROACHMENTS INTO THE PARKING STALLS FOR THE ONE BROADWAY PLAZA OFFICE TOWER Prepared by Vince Fregoso ` Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt a resolution approving Variance No. 2008-13 as conditioned. 2. Adopt a resolution approving Site Plan Review No. 2008-04 as conditioned. DISCUSSION Request of Applicant The applicant for One Broadway Plaza LLC is requesting approval of a variance and site plan review approval in order to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls. Property Description The One Broadway Plaza office tower will be located on a 4.339-acre site within midtown Santa Ana. The site is currently occupied by several historic and non-historic structures that are primarily occupied by office uses. The project site is bordered by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the east and Broadway to the west. Surrounding land uses include single and multi- family residential and office uses to the north, and office uses to the south, east and west. The subject site is zoned Specific Development No. 75 (SD-75) and has a General Plan Land Use designation of One Broadway Plaza District Center (OBPDC), which permits office development at a floor area ratio of 2.9 (Exhibits 1 and 2). EXHIBIT A 31 A-2 Variance No. 2008-13 Site Plan Review No. 2008-04 May 27, 2008 Page 2 Project Description The One Broadway Plaza office tower will be a 37-story, 518,003 square foot office tower that will include approximately 490,003 square feet of office space, 10,000 square feet of retail space and 18,000 square feet of restaurant dining area. The building, almost 493 feet in height, will be the tallest building in Orange County. Four buildings totaling 12,484 square feet that are currently on the project site are being rehabilitated for use by office and restaurant uses. An eight-level freestanding parking structure with a height of almost 78 feet will be provided for the project. A total of 2,463 parking spaces will be provided within this structure. Approximately 3,200 square feet of retail/restaurant space will also be provided on the ground level of the structure. The design of the structure will complement the proposed office tower, with the elevator bank incorporating the glass to be used on the tower (Exhibits 3, 4 and 5). Analysis of the Issues In 2004, the City Council approved the development of the One Broadway Plaza office tower within the midtown area of the City. In 2005, a citywide referendum affirmed the City Council's approval of the project. In addition to the office tower, the applicant received approval to construct a parking structure for the tower. The entitled plans for the project identified the width of the lot for the parking structure at 185 feet, the minimum width needed to accommodate six rows of parking and three drive aisles that were in compliance with code, including 8~ feet wide by 18 feet long parking stalls (Exhibit 6). However, during the preparation of the final design plans for the parking structure, it was determined that the width of the lot was only 180 feet, which significantly affected the design of the structure. The five-foot reduction in the width of the parking structure has resulted in the need for structural columns to encroach 12 inches into the corner of parking stalls. Section 41-1303 of the Santa Ana Municipal Code (SANG) regulates encroachments into parking stalls. This section requires parking stalls to be a minimum of 8~ feet in width and 18 feet in length. This section does not allow appurtenances in the 31 A-3 Variance No. 2008-13 Site Plan Review No. 2008-04 May 27, 2008 Page 3 front area of a parked car unless located in their entirety at least four feet above surface level. However, this section allows parking lot lights and tree wells to encroach into parking stalls provided they extend no greater than 18 inches into a front corner of a parking stall. The applicant is requesting that the structural columns be considered appurtenances similar to parking lot lighting and tree wells and therefore be allowed to encroach into the parking stalls. The largest columns, which are three feet wide and two feet deep, will be located between parking stalls and will encroach a maximum of 18 inches in width and 12 inches in depth. The encroachment will occur in the front corner of parking stalls and, according to the parking structure engineer, will be consistent with the industry standard for parking structures. When considering that automobiles generally have curved front ends and the average vehicle width is six feet, seven inches, vehicles will still be able to be completely parked within the parking stalls (Exhibit 7). Site Plan Review approval is also required for the project. Section 41- 593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. After analyzing the project, staff has found that the project is in substantial compliance with all applicable development standards for the One Broadway Plaza Specific Development zoning district (SD-75) Although the subterranean level of the structure has been removed that reduces the size of the structure from nine levels to eight, the parking structure will still contain the 2,463 parking spaces required by the SD-75 zoning document. Based on the above analysis, staff recommends that the Planning Commission approve Variance No. 2008-13 and Site Plan Review No. 2008-04 as conditioned. 31 A-4 Variance No. 2008-13 Site Plan Review No. 2008-04 May 27, 2008 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 1999-01. 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Q 0 ~ O ~ M~~ W Z WO 0 U v.•7 i ik' ~~ ~~ ~. ~ j ~' ''~'' ~! f`. n' ~ f~ ~ ~,~ VA 08-13/SPR 08-4 E~ ~~ 9' a^ s^ e m ~I ^ PROPERTY LINE ^ ^ OUTSIDE BAY COLUMN 0 1'-0' 4'-0' e'-0' SCALE: I/4' I'-~D' ,8~_O. RAMP COLUMN SCALE: I/4' I'-m' C Z'-O' VA E-13~~ ~8~ iS:*=:, ~: bk:5/21 /08 RESOLUTION NO. 2008-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-13 AS CONDITIONED AND APPROVING SITE PLAN REvIEW NO. 2008-04 AS CONDITIONED TO ALLOW STRUCTURAL COLUMNS WITHIN THE PARKING STRUCTURE FOR THE ONE BROADWAY PLAZA OFFICE TOWER TO ENCROACH INTO PARKING STALLS 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 No. 2008-013 and Site Plan Review No. 2008-04, both as conditioned, to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls. B. The One Broadway Plaza office tower will be located on a 4.339-acre site within midtown Santa Ana. The site is currently occupied by several historic and non-historic structures that are primarily occupied by office uses. The project site is bordered by Washington Avenue to the north, Tenth Street to the south, Sycamore Street to the east and Broadway to the west. Surrounding land uses include single and multi-family residential and office uses to the north, and office uses to the south, east and west. C. An eight-level freestanding parking structure with a height of almost 78 feet will be provided for the project. A total of 2,463 parking spaces will be provided within this structure. Approximately 3,200 square feet of retail/restaurant space will also be provided on the ground level of the structure. The design of the structure will complement the proposed office tower, with the elevator bank incorporating the glass to be used on the tower. D. In 2004, the City Council approved the development of the One Broadway Plaza office tower within the midtown area of the City. In 2005, a citywide referendum affirmed the City Council's approval of the project. In addition to the office tower, the applicant received approval to construct a parking structure for the tower. 2008-16 Page 1 of 7 31 A-13 E. The entitled plans for the project identified the width of the lot for the parking structure at 185 feet, the minimum width needed to accommodate six rows of parking and three drive aisles that were in compliance with code, including 8'/z feet wide by 18 feet long parking stalls. However, during the preparation of the final design plans for the parking structure, it was determined that the width of the lot was only 180 feet, which significantly affected the design of the structure. F. The five-foot reduction in the width of the parking structure has resulted in the need for structural columns to encroach 12 inches into the corner of parking stalls. Section 41-1303 of the Santa Ana Municipal Code (SAMC) regulates encroachments into parking stalls. This section requires parking stalls to be a minimum of 8'/z feet in width and 18 feet in length. G. Site Plan Review approval is also required for the project. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review is designed to ensure that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. H. Variance No. 2008-13 and Site Plan Review No 2008-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 27, 2008. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 provisions of this Chapter. The proposed encroachment of structural columns into the parking stalls will allow the applicant the ability to provide parking for the One Broadway Plaza office tower. The narrow width of the lot has constrained the site and has resulted in a building design that requires the columns to partially encroach into parking stalls. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. 2008-16 Page 2 of 7 31A-14 The granting of the parking stall size variance will preserve the property owner's ability to construct the One Broadway Plaza office tower, a project that is consistent with the Specific Development No. 75 (SD-75) zoning district and with a project that is consistent with the goals and policies of the General Plan 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the parking stall size variance will not be detrimental to the public welfare or injurious to surrounding property as parking stalls will still be large enough to accommodate vehicles. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as the office tower and parking structure are permitted in the One Broadway Plaza District Center (OBPDC) General Plan land use designation. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 1999-01. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-13, as conditioned in Exhibit "A" attached hereto, and Site Plan Review No. 2008-04, as conditioned in Exhibit "B" attached hereto, in order to allow structural columns within the parking structure for the One Broadway Plaza office tower to encroach into parking stalls to the extent specified in said applications. The Planning Commission further finds that the proposed project has been adequately evaluated in previously prepared Environmental Impact Report No. 1999-01. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 26, 2008, exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of May, 2008 by the following vote: 2008-16 Page 3 of 7 31 A-15 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Alderete, Gartner, Leo (3) Mill (1) Betancourt, De La Torre, Munoz (3) None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2008. Date: Planning Commission Secretary City of Santa Ana 2008-16 Page 4 of 7 31 A-16 Conditions for Approval for Variance No. 2008-13 Variance No. 2008-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 04-10 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. Exhibit "A" 2008-16 Page 5 of 7 31 A-17 Conditions for Approval for Site Plan Review No. 2008-04 Conditions for Approval Site Plan Review No. 2008-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. The project shall remain in compliance with Site Plan Review No. 2008-04. Exhibit "B" 2008-16 Page 6 of 7 31 A-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2008-16 riance No. 2008-13 and Site Plan Review No. 20 - m is ac ion y p acing a copy if~o enc ose in sea a enve opes a resse as follows: Michael F. Harrah One Broadway Plaza, LLC 1200 North Main Street, Suite 900 Santa Ana, CA 92701 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 2008-16 Page 7 of 7 31 A-19 31 A-20