Added height approved for Hanauer project

The city acquired some downtown spaces for public parking and non-profits’ event notices in exchange for some added height in a project underway at 580 Broadway at a site formerly owned by the Laguna Playhouse.

A provision in the Downtown Specific Plan allows heights to exceed the plan limits in the Civic Arts District of the public benefits, such as parking, is offered. The additional height was requested by the developer of the building at 580 Broadway and approved Tuesday by the City Council.

“The public benefit is 20 public parking spaces [available] after 6 p.m. on weekdays and all day on weekends,” said John Montgomery, city director of community development.

Fees for public parking are limited to no more than is charged in the city lot across the road.

Developer Joe Hanauer asked for the added height to accommodate a 250-square-foot addition to the project and approval of one smaller-than-regulation-size parking space, out of the 31 on the site, to fulfill parking requirements for the enlarged area.

The City Council may approve additional height in the district when recommended by the Planning Commission, which is responsible for design review in the downtown.

Additional height is subject to required findings:

*Special circumstances on the property, including shape, size, topography, location or surroundings;

*Variance needed for the preservation and enjoyment of a substantial property right of the applicant;

*Granting the variance will not be detrimental to the public health, safety, convenience and welfare, nor injurious to nearby property or improvements; and

*The variance will not be contrary to the objectives of city ordinances or general plan.

City staff recommended approval of the variance after reviewing the findings and also found the proposed changes to the façade to be consistent with design review criteria and compliance with required Coastal Development Permit findings.

“The height only goes to 27 feet and does not exceed the [citywide] 36-foot limit,” Montgomery said.

In addition to the public use of parking on the site, Hanauer sweetened the pot with an offer to mount two poster display cabinets on the exterior wall at pedestrian level to promote local non-profit organizations’ events.

Hanauer would have preferred to include promotion of events held by the Laguna Art Museum, Laguna Playhouse and the festivals, but the commission refused.

Architect Morris Skenderian said the content and rotation of the advertisements should be left up to Hanauer rather than the Arts Alliance, as recommended by the commission.

“Mr. Hanaeuer prefers to do this,” Skenderian said.

Mayor Pro Tem Toni Iseman pointed out that conditions imposed on the project go with the land.

“If Joe sells, we could not rely on his great taste,” Iseman said.

The council agreed to permit Hanauer to make the decision on the advertisements, which will be monitored.

Hanauer, who developed the Old Pottery Place, also asked to remove a tree blocking the view of the clock tower, which is a new feature on the façade of the Broadway building.

When staff declined to support removal of the tree based on view blockage, Hanauer submitted an arborist’s report indicating the tree was potential danger, having outgrown the space in which it was planted, and risks structural failure and possible liability. The report also indicated that the entire stand of trees on Broadway should be removed.

The Planning Commission previously denied a request to remove eucalypti for a Caltrans project adjacent to the Hanauer project, according to a staff report, which also stated that most of the street trees in Laguna crack sidewalks and are known to have branches that break.

“If the city removed trees for these reasons, there would be a significant reduction in street trees, compromising the village character,” the report concluded.

Staff was also concerned that construction activities could impact an oak tree and a condition was imposed on the project to implement protection of all existing trees during construction

A decision on the removal of the eucalyptus is on hold, pending a peer review of the report.