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8/10/79
RESOLUTION N0.79-137
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADOPTING FINDINGS IN
SUPPORT ITS APPROVAL OF GENEI:~L PLAN hMEND-
MENT 79-2 AND VARIANCE APPLICATION 79-1.
WHEREAS, on July 2, 1979, this Council after
hearings, duly noticed in the manner prescribed by law, and
after certification and approval of that certain Final
Environmental Impact Report designated EIR 78-4 for the
Mohler Development Santa Ana Office Complex project, approved
General Plan Amendment 79-2 and Variance Application 79-1,
permitting the said project subject to modifications and
conditions,
Now, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana that that certain document entitled
"Findings in Support of the Approval of the Mohler Development
Santa Aha Office Complex," attached hereto as Exhibit A and
incorporated herein as though fully set forth, is hereby
approved and adopted as this Council's findings of fact based upon the
abovesaid hearings and the evidence therein presented.
BE IT FURTHER RESOLVED that based upon the findings
hereby adopted, the Council does reaffirm and ratify its
approval of General Plan Amendment 79-2 and its approval of
Variance Application 79-1 subject to the recommended requirements
and conditions contained in the staff report prepared for
said variance application, except that the building height
and setback requirements shall be established by CD site
plan review without restriction by said variance conditions
other than the maximum height limitation of 98 feet.
ADOPTED this 20th day of
the following vote:
August , 1979, by
AYES:
COUNCILMEN: Bricken, Griset, Luxembourger, Yamamoto
NOES:
COUNCILMEN: Markel, Serrato
ABSENT: COUNCILMEN: Ward
ATTEST:
VI~ MAYOR
APPROVED AS TO FORM:
GOW, City Attorney
RESOLUTION NO. 79-137
REL:adg
7/10/79
FINDINGS IN SUPPORT OF
THE APPROVAL OF THE MOHLER DEVELOPMENT
SANTA ANA OFFICE COMPLEX
(GPA 79-2 and Variance Application 79-1)
A. Findings in support__of the granting of Variance
Application 79-!.'
1. The subject property is located at the
intersection of two arterial streets in immediate proximity
to the Orange County Courthouse and other Civic Center
facilities. This location renders the site unsuitable for
continued residential use or new residential development,
and highly suitable for development for use for
administrative and professional offices, especially attocney
offices.
2. The subject property is within the Santa Ana
Redevelop~nent Agency Project Area, which has been determined
to be a blighted area ~n need o~ cedevelopment.
3. Redevelopment of the subject site for use as
adm~.n~.st~2%ve and professional offices is financially
infeasible to private develop~ent in the foreseeable future
unless permitted to take place in the ~ocm of an office
building of at least eight stories.
4. The subject site is immediately next to the City's
Height District II in which high-rise buildings are
permitted.
5. The use of residentially zoned property, which
forms a northern projection of the subject site, for open
space use accessory to the proposed office building is
necessary and desirable for the purpose of expanding the
setback between the said building and residentially used
property to the north.
6. The above facts constitute special circumstances
applicable to the subject property. To deny the variance
and strictly apply the zoning ordinance would deprive the
I XIBIT A
P~SOLUTIONNO. 79-137
subject site of the privilege of being developed for
administrative and professional offices. Such development
in the form of a building exceeding the height limitation is
not otherwise at variance with the intent and purposes of
the provisions of Chapter 41 of the Santa Ana Municipal
Code.
7. The granting of this variance from the height
limitation, and allowing the use of residentially zoned
properties for accessory setback purposes, is necessary for
the preservation and enjoyment of the right of the developer
to obtain the most productive use of the property consistent
with the public welfare and the objectives of the Santa Ana
Redevelopment Agency, which constitutes a substantial
property right.
8. The granting of this variance Will not be
materially detrimental to the public welfare or injurious to
surrounding property.~ For reasons set forth at length
hereafter, the benefit to the public outweighs minor adverse
effects on residential property in the vicinity.
9. The variances is accompanied by an amendment to the
Land Use Element of the City's General Plan which change the
ultimate planned use designation of the subject site from
High Density Residential to Professional Administrative
Offices. As thus amended, the General Plan of the City would
not be adversely affected by the granting of the variance.
B. FeaSibilit~_~M%~i~ation Measures and
Alternatives
(EIR references are to that certain final
Environmental Impact Report designated EIR 78-4,
certified and approved by the City Council of the
cit~ of SantaoA~a on July 2, 1979)
1. Intrusion of high rise building into existing
buffer between residential area and professional
administrative area (EIR $ 3.1.2).
EXHIBIT
RESOLUTION NO. 79-137
The effect has been substantially mitigated by
restricting development to a 98-foot height limit
the 159-foot building originally requested· Restriction to
a lower height limit is infeasible nonviable to the
developer. Further erosion of the buffer is not
significantly more likely because of this development. In
the first place, other parcels in this area are further
removed from the Civic Center and lack the special
circumstance of immediate proximity which justifies the
height variance in this case. In the second place, the
~dvers~ env%¢o,~mental effects of any further discretionary
projects in the area must be judged as additional to those
due to this project, thus facing a
j.astification. The visual impact of this project on property
immediately to the north has been mitigated by the
incorporation of the two parcels fronting on Olive Street
into the subject site for buffering purposes, which also
allows a more desirable design of the Olive Street cai-de-
sac .
2. Increased ground-water runoff. (EIR ~ 3.3.2)
An adequate drainage system, including retention
and metering of incremental runoff, will be incorporated
i,]to the development, thus mitigating any adverse effect
into ]._ns tun i.f Lcance.
3. Increased traffic and off-street parking.
(EIR § 3.42)
The increment in traffic and off-street parking
due to this project is not any greater than could occur by
development of the site in accordance with existing zoning
without any discretionary permits from the City. On-street
parking impact in residential areas has been substantially
mitigated by the requirement that on-site, off-street
parking be provided by the developer in an amount of 25
EXItlB,ff A
RBSOLUTION NO. 79-137
percent above zoning code requirements. Traffic egress on
Olive Street has been prohibited. It is infeasible to
determine the desirability of limited packing or traffic
access restrictions on other residential streets at the
present time, but such options remain open in the future.
4. Increased noise. (EIR ~ 3.5.3)
Construction related noise will be limited by the
City noise ordinance to acceptable times of the day and
week. The closure of Olive Street to site related traffic
will avoid the most significant potential incident of
traffic related noise. Architectural review of the project
design will permit the City to require all feasible noise
mitigation measures appropriate for the parking structure
and any proposed drive-in teller operation.
5. Increased wind jetting. (EIR $ 3.6.)
Architectural review of the project design will
permit the City to require all feasible wind jetting
mitigation measures appropriate for the project. In any
event, wind jetting will not be a significant effect of the
proposed project.
6. Light and Glare
3.7.2.2)
Impacts. (EIR S~ 3.7.1.2 and
The shadow projected by the building has been
reduced correspondingly to the required reduction in
proposed building height. Glare has been substantially
mitigated by requirements for smoked windows, landscaping,
parking structure walls, and lighting restrictions.
7. Aesthetic Impact. (EIR S 3.8.2)
The contrast between the project and the
~esidential neighb(~r~6od is not a demonstrably negative
aesthetic effect. Th~ aegthetic reaction to the project
will be a matter of individual taste.
8.
Police and Fire Impacts (EIR ~ 3.10.4 and 3.10.5)
RESOLUTION NO. 79-137
Compliance with the City's Fire Code, the
Regulations of the State Fire Marshal, a~d the City's
Building Security Ordinance will assure that no significant
adverse effects pertaining to Police and Fire Department
operations will occur.
9. Alternative of "No Project" and "Development
to Existing Zoning and General Plan Restrictions."
(EIR §§ 5.1 and 5.2)
These alternatives are considered together for the
reason that they equally assume noninvolvement by the City
with respect to changes in land use, and a corresponding
dependence on market factors alone, within existing zoning
law constraints. They are considered infeasible for the
following reasons:
(1) The site is primar~.ly attractive economic-
ally for high-rise development for uses
accessory to the Civic Center. Retention of
the 35-foot height maximum thus poses a
substaatial likelihood that the site will not
be improved beyond its current state so long
as such restriction exists.
(2) On the other hand, in the event a developer
was found who was prepared to redevelop the site
within the 35-foot height restriction, a
substantial risk exists that the resulting
project would create traffic, off-street
parking, and noise impacts equal to those of
the proposed project. Although the impacts
particular to a high-r~$e building would
be avoided, there would likely be a cor-
responding loss of laadscaped open space.
EXHIBIT
RBSOLUTION NO. 79-137
(3) The accessibility to the civic Center,
the site makes it a likely prospect for develop-
ment by the State or County governments, which
development, if it occurred, would be exempt
from the height limitation and fro~ local
municipal regulation in general.
10. Extension of the Professional/Administrative
Designation and Height District II Westward
to Baker Street. (EIR S 5.3)
This alternative would increase significant
environmental effects beyond those of the proposed project.
11. Rezor]ing to High Density Residential (EIR S 5.4)
The subject site, due to its immediate proximity
to the Civic Center, is far more appropriate for
administrative or professional office use than for
apartments or condominiums. There is no evidence of any
significant market demand for high density housing
developments on the north side of Civic Center Drive west of
Flower. Thus this alternative runs the substantial risk of
resulting in no redevelopment or improvement of that area
whatsoever. On the other hand, to the extent such market
demand may arise, the proposed project would not constrain
such residential development west of the subject site.
12. Redesign to One-Half Height and Space., (EIR S
5.5)
The proposed project, as modified by the developer,
is a compromise between this alternative and the project as
originally proposed. Any degree of reduction in height and
size will correspondingly mitigate the adverse effects
incident to those factors and this alternative is only
illustrative of th~ ~ea of a smaller building. The
reductions made b~the developer during the course of
environmental and planning review bring the proposed project
down to the threshhold of financial viability to the
EXHIBIT
RESOLUTION NO. 79-137
existing developer. Any further reduction would preclude
development by the only developer currently interested in
developing the subject site, and thus cause the substantial
risk of creating the situation set forth in paragraph 9
above.
C. Statement of Overriding Considerations
The adverse environmental effects of the proposed
project, even after the modifications and mitigation, are
not totally insignificant. But neither can they fairly be
characterized as very severe, especially when compared to
other potent~.al development of the subject site. The
concerns of the neighboring residential community have been
carefully considered by the City. While these concerns are
no doubt sincere, they are judged to reflect an exaggerated
conception of negative consequences. The City does not
concur in the assumptions which underlie allegations that
the project will induce a blighting of the residential
community.
There is no basis for the assumption that the
approval of this project will inevitably lead to high rise
development westward o~ the subject site. (Reference
paragraph Al, above.)
The visual impact and temporary shadowing
consequences of a high-rise building are judged to be only
moderately adverse effects, which will have slight impact,
if any, on the continuing desirability of existing single
family dwellings for residential purposes. The primary
attribute of such dwellings will continue to be as a supply
of moderately-priced single family housing, providing
residents with more spacious housing and yard areas per
given purchase price than can be obtained in areas further
removed from the annoyances of the urban center.
The concern expressed by some opponents of the
project, to the effect that the project will induce a higher
RESOLUTION NO. 79-137
crime rate in the residential neighborhood, is without
apparent foundation in evidence or logic.
The incremental increase in traffic and off street
parking due to the project cannot be viewed in isolation.
There exists a city-wide problem of vehicular travel between
the central city and regional traffic routes. The
neighboring residential area is particularly vulnerable to
such problems as the central city is redeveloped, because of
its proximity to it. Traffic flow and parking restrictions
in the neighborhood remain options open to City
consideration at such time as need and feasibility can be
more specifically assessed. Aside from these options,
however, traffic and parking impacts are judged not to be
unduly disproportionate to those which could reasonably be
expected in the ne~.ghbochood in the next few years even if
the proposed project had been disappuoved.
The City Council therefore judges that the
benefits accruing to the community from the project far more
than outweigh the environmentally adverse effects.
The project will upgrade the Civic Center area and
enhance its image, attracting new development, and thereby
promoting the established goal of eliminating blight in the
Redevelopment Project Area.
The project will accommodate a demand for office
space for professional and administrative uses accessory to
the Civic Center, particularly attorney offices with ease of
access to the Orange County Courthouse·
By providing office space within easy walking
access to the ~ivic Center, the project will decrease
vehicular traffic to and from the Civic Center and parking
congestion at the Civ~c Center.
The pro~ct will provide substantial tax increment
benefits to the Redevelopment Agency of the City of Santa
Ana, thus promoting the Agency's ability to achieve its
objectives elsewhere throughout the Redevelopment Project
Are.
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RESOLUTION NO. 79-137
Approval of the project provides the City with the
certainty of attainment of these benefits now, rather than
speculation that a similar project might be proposed at a
different location if this project were rejected. It
likewise avoids a substantial risk that a less beneficial
development of the subject site would occur in the future or
that the subject s~.t~ would continue indefinitely in its
present state.
EXHII IT