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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. J. 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