HomeMy WebLinkAboutCORRESPONDENCE - 75ACity Council Meeting Correspondence
4/3/2018
Item 75A PUBLIC HEARING -APPEAL NO. 2017-05 OF SITE PLAN REVIEW NO. 2016-03 AND VARIANCE
No. NOS. 2017.05 AND 2017-06 TO ALLOW THE CONSTRUCTION OF A SEVEN -STORY 260 -UNIT
MIXED-USE BUILDING "THE MADISON' AT 200 NORTH CABRILLO PARK DRIVE - CABRILLO
COMMUNITY PARTNERS, LLC, APPLICANT
Date of Name Representative of In Favor of In opposition
Correspondence RA*. of RA*:'
41212018 Tim Paone Cox, Castle & Nicholson LLP (Concerns
regarding project)
*RA - Recommended Action
Tuesday, April 03, 2018 Page 1 of 1
Orozco, Norma
From: Paone, Tim <
Sent: Monday, April 02, 2018 2:43 PM
To: Arabe, Jill; eComment
Cc: Robert Bisno (
Subject: The Madison - Objections to Approval
Attachments: #9562561 -v2 -Letter to City Council re The Madison 040218.DOCX
Follow Up Flag: Follow up
Flag Status: Flagged
Please see the attached comments of the owner of the Xerox Building which is adjacent to the proposed The Madison
development. We would like to be sure that these comments reach the City Council. Thank you.
Tim Paone
IdNICHOLSON
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Cox, Castle & Nicholson LLP
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Cox, Castle Nicholson LLP
COX CASTLE
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April 2, 2018
Via E-mail (larabe@santa-ana.org; eComment@santa-ana.org)
Mayor Pulido and Members of the City Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Mayor Pulido and Members of the City Council:
This letter is written on behalf of the owner of the Xerox office building at 1851 East First Street
(the "Xerox Building') with respect to the application for approval of The Madison. Last
November, we presented our concerns to the Planning Commission. Since that time, our
concerns have grown, as set forth below.
Initially, we would like to emphasize that the owner of the Xerox Building does not object to the
uses proposed by the project. To the contrary, we welcome them. Our principal concerns relate
to internal circulation resulting in morning peak hour cross traffic impacts that have not been
evaluated (including their potential impacts on queuing on Cabrillo Park Drive), the requested
parking variance, the location of the loading zone, and the absence of a designated move -in /
move -out loading area. These issues need not stand in the way of the project, but should be
addressed before the project is approved.
Before addressing the CEQA issue, a solution which we proposed to Mr. Bisno and which Mr.
Bisno appeared to embrace is to have the Madison parking structure entrance off of Xerox
Centre, with the exit on State Fund Drive. By doing so, significant cross -traffic conflicts could be
avoided on Xerox Centre Drive and not created on State Fund Drive because (i) the peak hour
for Madison entries would coincide with departures from the Xerox building and (ii) the peak
hour for Madison departures would coincide with arrivals at the State Fund building.
Discussions were initiated with the firm that manages the State Fund building to obtain
permission to use State Fund for exiting from the Madison parking structure. Those discussions,
however, were not completed and additional time is required for negotiations. It is not our
intent to stand in the way of the project, but our concerns need to be addressed. For that
www.coxcastle.com Los Angeles I Orange County I San Francisco
Mayor Pulido and Members of the City Council
April 2, 2018
Page 2
reason, we are requesting a one-month delay to (i) allow Mr. Bisno, the Xerox Building owner,
and State Fund the opportunity to reach agreement on the use of State Fund Drive as the exit
path for the new parking structure and (ii) provide time for design modifications to provide for
an appropriate primary loading zone and the addition of a move-in/move-out loading area for
the tenants of the proposed residences.
Our specific objections are as follows:
s The Morning Peak Hour Cross -Traffic. This project impact was not addressed in the traffic
study, which focused on Cabrillo Park Drive at Xerox Centre, but not upon the proposed
project's interface with the existing circulation on Xerox Centre Drive. In fact, the traffic
study does not even state how many cars will be entering or exiting the Xerox Building
parking structure at peak hours or, for that matter, at any time. As of now, the City, the
public, and the owner and tenants of the Xerox Building have no idea to what degree this
conflict will impact tenants and visitors to the Xerox Building or traffic on Cabrillo Park
Drive.
Curiously, Table 5-1 of the traffic study cites the number of cars that would enter and exit
the Madison parking structure if the Madison site was built out as a 210,000 square foot
office tower. (Note that the project site is the Phase II of the Xerox Centre identified by
Table 5-1, whereas the existing Xerox building is Phase 1 and has a square footage of
321,833.) This is curious because CEQA is not concerned with comparing a proposed project
to what theoretically could have been built under existing or prior zoning, but rather what
the potential impacts of the proposed project are when compared to existing conditions.
Here, it is indisputable that existing conditions do not include cross -traffic from a second
parking structure. It is equally indisputable that the project will result in traffic leaving the
new parking structure and crossing the incoming traffic lane for the existing Xerox Building
parking structure. The potential conflicts must be analyzed. Instead, the traffic study
concludes on Page 14 that "the traffic impact potential associated with the proposed
Project would likely be less than that of the entitled land use." That may be interesting
information, but it is not a CEQA analysis.
Even if the correct square footage is applied to the analysis and the number of morning
peak hour entry trips are extracted from the ITE manual, the ITE manual is not intended to
and cannot judge the potential morning peak hour conflicts on Xerox Centre Drive because
those potential conflicts are uniquely defined by existing characteristics and conditions.
Mayor Pulido and Members of the City Council
April 2, 2018
Page 3
Those existing conditions include the distance of the driveway from Cabrillo Park Drive to
the entrance to the Xerox Building parking structure, the length of time it takes for the gate
arm to rise to allow a car to enter, the number of cars that can enter in a given period of
time, and the actual number of cars that, under existing conditions, queue on Xerox Centre
Drive while awaiting entrance to the parking structure at peak times of the morning.
That information must then be supplemented with estimates of the number of cars that
would be leaving the new parking structure at the same time, how long the wait would be
for each car to have the gate rise, and how deep the backup would be within the new
structure. The purpose would be not to evaluate the impacts of the existing traffic
conditions on residents of the new projects (which is not a CEQA task), but to determine
potential impacts, if any, arising from the addition of cross -traffic to the existing conditions.
Questions to be addressed would include whether the cross -traffic would unacceptably
slow down entrance to the Xerox parking structure, whether a slow -down would add to
unacceptable queuing on Cabrillo Park Drive, and whether delays in exiting the new
structure would be long enough to cause impatient drivers to take unsafe risks to cross the
incoming cars.
The fact that the traffic modeling does not address on-site traffic implications that could
impact persons on private property does not excuse the EIR from evaluating these
inevitable traffic conflicts any more than it would excuse the evaluation of a project's noise
impacts on neighboring residents. The point here is that the project's injection of cross -
traffic into an existing congested condition must be evaluated. Simply saying "it won't
happen" does not comply with CECA. Because the project will create for the first time traffic
that must cross through existing traffic at the morning peak hour, there most certainly is a
"fair argument" that the potential for an impact should be evaluated. Absent that analysis,
the project's EIR is not adequate. This analysis must be prepared and circulated for public
review so that the public, including the owner and tenants of the Xerox Building, has the
opportunity to review and comment upon the analysis.
Alternatively, the City Council could add a condition that the project's parking structure
would be entered only from Xerox Centre Drive and exited only by way of State Fund Drive.
This would avoid the potential for morning peak hour cross -traffic, avoid evening peak hour
cross -traffic on State Fund Drive, and eliminate the need for a revision of the project's EIR
to address the cross -traffic conflicts.
Mayor Pulido and Members of the City Council
April 2, 2018
Page 4
• Move-In/Move-Out Loading Area. The project proposes 260 residential rental units. As
with any large multi -family project, there will be a consistent turnover of units with a need
for loading and unloading of furniture, appliances, and other personal belongings. Whether
these move -ins will be handled by personal vehicles or moving vans, a designated area
inside the parking structure is needed to avoid delays which will impact visitors to and
tenants of the Xerox Building. The project's plans have no such designated area, leaving the
assumption that move -ins and move -outs will share the loading area for the retail projects
and for residential UPS, FedEx, and other deliveries which abuts Xerox Centre Drive. (This
location will be addressed in the next bullet item.) Again, there is a "fair argument" that the
absence of a designated move-in/move-out loading area within the project's parking
structure will result in adverse traffic impacts.
• Loading Area. The location of the loading area immediately adjacent to Xerox Centre Drive
has the potential to impact traffic on Xerox Centre Drive and, consequently, on Cabrillo Park
Drive. As noted above, by placing the loading area next to Xerox Centre Drive, the potential
for multiple and inevitably overlapping uses of the designated loading area has been
created. This potentially could impact both Xerox Building visitors and tenants and, if
backups and delays occur, traffic on Cabrillo Park Drive. The size and location of the loading
area appears geared to the retail operations, but presents potential stacking and double-
parking issues (and the resulting potential for impacts to Cabrillo Park Drive traffic) not just
for retail deliveries, but also for the many daily FedEx, UPS, and Amazon deliveries to the
residents of the 260 units. It appears that the location of the loading area simply has not
taken into account its potential impacts on adjacent property. Typically, a project's loading
area would be designed and located where the burden of overlapping uses would affect
only the project itself and not its neighbors. That is not the case here and, as a result,
creates a "fair argument" that an impact could arise, thus necessitating additional analysis
in the project's EIR.
• Parking Variance. We addressed issues related to the parking variance at the Planning
Commission and were pleased that the Planning Commission rejected the variance. We are
also pleased to see that the Staff Report does not recommend approval of the parking
variance. In short, the proposed variance does not meet the requirements of your City code
for the issuance of a variance. There are no "special circumstances" or other conditions
specified in your Zoning Ordinance that would allow the granting of a parking variance.
Beyond the fact that a parking variance would not be legally valid under your zoning
ordinance, given the proximity of the Xerox Building parking structure to the proposed
Mayor Pulido and Members of the City Council
April 2, 2018
Page 5
Madison parking structure and the inevitability of overflow parking migrating to the Xerox
Building parking structure, the effects of a parking variance on the users of the Xerox
Building parking structure have not been evaluated or taken into consideration. We urge
the Council to follow the recommendations of both Staff and the Planning Commission and
not grant the variance.
• Number of Units. As a point of information for the City, the project site is subject to CC&Rs
which presently limit the number of residential units to 250. While this may be considered
by the City to be a private matter, we simply want to make the City aware of this limitation
and that, absent a resolution of issues which impact the Xerox Building and its tenants and
visitors, the owner of the Xerox Building is not likely to consider agreeing to increasing the
allowable number of units to the 260 units requested by the project applicant.
Except as noted above, the owner of the Xerox Building supports the proposed project. These
issues which impact the Xerox Building, however, need to be addressed before the project is
approved. We ask the Council to continue the hearing for 30 days to allow Mr. Bisno to resolve
these issues.
Sincerely,
Tim Paone