200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JULY 6, 2022
SUBJECT: DEVELOPMENT PERMIT NO. 2020-00248
GENERAL PLAN AMENDMENT NO. 2021-00536
RECLASSIFICATION NO. 2021-00336
CONDITIONAL USE PERMIT NO. 2021-06097
TENTATIVE TRACT MAP NO. 19141
DEVELOPMENT AGREEMENT
LOCATION: This property is located on north side of Broadway, approximately 275 feet east of Euclid Street (1661-1673 West Broadway).
APPLICANT/PROPERTY OWNER: The applicant is City Ventures Homebuilding, LLC, represented by Kim Prijatel. The property owner is Best Western Summit Inn Inc., represented by Allen Liou.
REQUEST: The applicant requests approval of the following zoning entitlements:
1) A General Plan amendment to amend the land use designation from Office – Low to Mid Density Residential;
2) A zoning reclassification from the C-G (General Commercial) zone to the RM-3.5 (Multiple-Family Residential) zone;
3) A conditional use permit (CUP) to allow for the construction of a 34- unit, attached single-family residential project with modified development standards;
4) A tentative tract map to permit a 1-lot, 34 unit subdivision fo r condominium purposes; and
5) A development agreement to permit a voluntary financial contribution to support the City’s affordable housing programs.
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
RECOMMENDATION: Staff recommends that the Planning Commission:
1) By motion, recommend that the City Council approve the attached resolution determining that the Initial Study and Mitigated Negative Declaration (IS/M ND) prepared for the proposed project is the appropriate environmental documentation for this request under the California Environmental Quality Act (CEQA) (Attachment 1); 2) Approve the attached resolution recommending City Council appro val of General Plan Amendment No. 2021-00536 (Attachment 2);
3) By motion, recommend that the City Council introduce and adopt the attached draft ordinance for Reclassification No. 2021-00336 (Attachment 3); 4) By motion, recommend that the City Council approve the attached draft resolution for Conditional Use Permit No. 2021-06097 (Attachment 4);
5) By motion, recommend that the City Council approve the attached draft resolution for Tentative Tract Map No. 19141 (Attachment 5); and,
6) Approve the attached resolution recommending City Council appro val of a Development Agreement (Development Permit No. 2020-00248 (Attachment 6)).
BACKGROUND: This item was on the Planning Commission agenda for June 20, 2022; however, that meeting was cancelled due to lack of a quorum and this item was noticed again for the July 6, 2022 meeting. This 1.55-acre property is located in the “C-G” General Commercial zone and is developed with three multi-tenant office buildings. The site is designated for Office – Low land uses by the General Plan. Multiple-family residential l a n d u s e s a r e a d j a c e n t t o t h e property to the north and across Broadway to the south, a religious assembly use is adjacent to the east, and commercial and community and religious assembly uses are adjacent to the west.
PROPOSAL: The applicant proposes to construct 34 attached, single-family residences using the RM-3.5 zone development standards. The units would be in five, three-story buildings, consisting of two to four bedroom units with attached two-car garages. The units would contain between 1,062 and 1,633 square feet of living area. Vehicle access would be provided from a driveway on Broadway. One hundred parking spaces would be provided with 68 spaces in garages and 32 open spaces.
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
Landscape Plan
Plan Type Number of Units Square Footage Bedrooms
Plan 1 6 1,062 2
Plan 2a 4 1,342 2
Plan 2b 4 1,342 3
Plan 3 10 1,317 3
Plan 4 10 1,633 4
Plan Type Matrix
The project would have a modern contemporary architectural desi gn with a variety of materials including stucco, stone veneer, metal awnings, and fiber cement sidings. The color palette would include a mix of whites, greys, blues, with yellows. The first story would include stucco with stone veneer accents. The second and third stories would be painted w hite and contrasting grays, and would incorporate stucco and fiber cement siding in white, gray, blue, and ochre. Townhomes with second-story decks would have contrasting metal railings. The p roject architecture and design would also incorporate façade variations to provide further articulation.
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
Typical Elevation
Recreational-Leisure Area: A total of 9,480 square feet of common recreational area is proposed, and 9,350 square feet is required. The common area amenities would include a social gathering area with accent paving and specimen trees, and there would be landscaped paseos with decorative pottery. Private areas would include decks and ground floor patios at some of the units.
Development Agreement: The applicant proposes to enter into a v oluntary Development Agreement with the City to contribute $1,000 per residential un it ($34,000) towards the City’s affordable housing programs.
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested entitlement action:
General Plan Amendment: The Land Use Element of the City’s Gen eral Plan is the guide for the City’s future development. It designates the distribution and location of specific land uses and establishes the permitted densities for each land use designati on. The applicant is requesting a General Plan amendment in order to redesignate the property fro m the Office – Low land use to the Mid Density Residential land use.
Before the Planning Commission may recommend approval of a General Plan amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1) The proposed amendment maintains the internal consistency of the General Plan; 2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City;
3) The proposed amendment would maintain the balance of land uses within the City; and
4) If the amendment is to the General Plan Land Use Map, the subje ct property is physically suitable to accommodate the proposed modification, including but not limited to, access, physical cons traints, topography, provision of utilities, and compatibility with surrounding land uses.
The Land Use Element describes the Mid Density Residential desi gnation as providing for the development of a wide range of residential uses, including deta ched, small-lot single-family
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
homes, attached single-family homes, patio homes, zero lot line homes, duplexes, townhouses, and mobile home parks. The permitted density range is from zer o to 27 dwelling units per gross acre. The proposed project would have a density of 21.9 dwelli ng units per acre. The proposed modification to the General Plan also supports the following Ge neral Plan policies intended to provide a variety of quality infill housing opportunities to address the City’s diverse housing needs and promote development integrated with surrounding land uses:
o Goal 2.1: Continue to provide a variety of quality housing opp ortunities to address the City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations.
o Goal 4.1: Promote development that integrates with and minimiz es impacts to surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development.
o Goal 7.1: Address the jobs-housing relationship by developing housing near job centers and transportation facilities.
o Goal 9.1: West Anaheim: Establish and maintain a uniquely ident ifiable well- balanced community that is an attractive and safe place to live, work, visit, learn and retire, supported by quality, family oriented neighborhoods and businesses.
The project site is adjacent to, and across the street from, existing multiple-family residential land uses, which have a Medium Density Residential land use designat ion. There are also commercial and community and religious assembly land uses adjacent to the site. Staff believes that the requested Mid Density Residential land use designation would be compatible with and complementary to these surrounding land uses because the propos ed amendment would maintain internal consistency of the Gene ral Plan by furthering the Goal s identified above. Further, the project would not be detrimental to public interest, health, sa fety, convenience, or welfare of the City because the amendment would result in residential development opportunities that would be compatible with the existing residential land uses within the i mmediate vicinity of the project, as well as commercial and community and religious assembly uses; t he project would maintain the balance of land uses within the City because the amendment woul d provide quality housing opportunities to address the City’s diverse housing needs and w ould be compatible with and complementary to the surrounding land uses; and the property is physically suitable to accommodate the proposed map amendment, including access, physi cal constraints, topography, provision of utilities, and comp atibility with surrounding res idential land uses. Therefore, staff recommends approval of the requested General Plan amendment.
Reclassification: The property is zoned “C-G” General Commercia l. The project includes a proposed General Plan amendment to Mid Density Residential as d escribed above, and the implementing zone for this General Plan designation would be “R M-3.5” Multiple-Family Residential. Accordingly, the applicant proposes to reclassify the property and staff supports this General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
request because the proposed RM-3.5 zone would comply with and implement the proposed Mid Density Residential land use designation.
Conditional Use Permit: With the proposed Reclassification, the project would be subject to the “RM-3.5” Multiple Family Residential zoning requirements. In this zone, development standards, including setback and building separation requirements, may be modified as part of a conditional use permit when it is determined that the modifications serve t o achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Before the Planning Commission may recommend approva l of the conditional use permit for a planned unit development, it must make a finding of fact that the evidence p resented shows that all of the following conditions exist:
1) The uses within the project are compatible;
2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing bui ldings in the surrounding area, provided the existing buildings conform with the provisions of this title;
3) Vehicular and pedestrian access are adequate;
4) The project is consistent with applicable design guidelines adopted by the City; 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7) The project complies with the General Plan and any applicable zoning or specific plan; and 8) The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Building-to-Building Setback: The applicant requests to modify the minimum required setbacks to 20’-6”, where the Municipal Code requires a 40-foot separati on between two-sto ry buildings with parallel walls that are designated as “primary” walls. Pr imary walls are building walls that contain an entrance and/or wi ndows opening into living areas. Setbacks for projects in the RM-
3.5 zone may be modified in conjunction with a conditional use permit when it is determined that the modifications achieve a good project design, privacy, livab ility, and compatibility with surrounding uses. The proposed project would provide reduced bu ilding-to-building setbacks of 20’-6” at the narrowest point, and this is consistent with modi f i c a t i o n s g r a n t e d p r e v i o u s l y t o similar projects. The three-stor y primary building elevations w ould be separated by attractive landscaped paseos, common area landscape, or drive aisles for garages, and would have adequate separation to ensure a quality living environment. The elevatio ns would also be enhanced and articulated with quality desi gn features. The proposed modifica tion would help achieve a functional, pedestrian-friendly design and provide for a high-quality living environment.
Interior Structural Setback: The applicant requests to modify t he interior setbacks along the east and north property lines adjacent to the religious assembly use and carports for the multiple-family residential use. The Code identifies structural setback requirements based on building height and building wall categories. As previously stated, primary building walls contain entrances and exits and/or windows opening into living spaces where most activity o ccurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms. Secondary b uilding walls contain windows opening into bathrooms, closets, stairwells and corridors.
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
Buildings are proposed with three-story primary walls adjacent to the south and north property lines setback a minimum of 15 feet where the Code requires 20 feet. Though defined as a primary wall because it would include windows for bedrooms and other li ving spaces, the project design would include only clerestory windows on these elevations for t he entries, great rooms, and bedrooms, as shown below. A clere story (or sometimes called cle ar story) are windows that are set high on the wall, above eye level. Since the clerestory win dows would limit visibility from these areas and these buildings w ould be adjacent to carports a nd a religious assembly use, staff believes the reduced setback would provide good design that is compatible with existing development and meets the intent of the interior setback requirement.
Site Plan Window Analysis
Interior Landscape Setback: The applicant requests to modify the interior landscape setback along portions of the west property li ne. The Code requires a five-fo ot setback, and the project would provide a zero setback to accommodate existing power poles alon g the property line. The project would include the required six-foot tall property line wall separating the project from the adjacent commercial and community and religious assembly uses. While a f ive-foot landscape setback would be provided where there ar e no power poles, there would b e five-foot projections into the setback to accommodate the masonry wall providing required clea rance around the pole for maintenance, as shown below.
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
Power Pole Area Plan
Staff believes the reduced setback would provide a design that is compatible with the adjacent uses with the required six-foot masonry wall allowing necessary acce ss for maintenance of the poles.
The applicant has also proposed climbing vines on the interior side of the wall pop outs for screening where there is room to accommodate planting, depicted in the elevation and section below.
West Property Line Wall Elevation and Section (Typical)
Street Setback: The applicant requests a 10-foot setback from g round floor patios where 12-feet would be required. Although less than a 20-percent reduction is eligible for an Administrative Adjustment, the request shall be reviewed by the Planning Commission when associated with other discretionary entitlements. The two-foot encroachment into the required setback for patios would allow larger private patios and create a private space separating the units from the public sidewalk along Broadway, while still maintaining pedestrian connectivity with walkways and gates leading to the private patios. Staff believes this design would add to the livability and privacy of the proposed residences.
General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
Parking Requirements: The Municipal Code requires 100 parking spaces for the proposed project.
The project has been designed to provide the required number of parking spaces in 68 garaged spaces and 32 open spaces, thereby meeting the Code requirement.
Tentative Tract Map: Before the Planning Commission may recommend approval of the tentative tract map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1) That the proposed subdivision of the Property, including its de sign and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mid Density Residential" land use design ation proposed as part of General Plan Amendment No. 2021-00536, now pending. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19141, including their de sign and improvements, is cons istent with the zoning and development standards of the "RM-3.5" Multiple-Famil y Residential Zone proposed as part of Recl assification No. 2021-00336, now p ending, with the exception of the reduced setback being proposed in conjunction with Conditional Use Permit No. 2021-06097.
3) That the site is physically suitable for the type and density of the Proposed Project. 4) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19141, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensi tive environmental habitat has been identified.
5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19141 or the type of improvements is not likely to cause seriou s public health problems.
6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19141, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision.
A tentative tract map is proposed to create a 1-lot condominium subdivision for the 34 “airspace” condominium units. All common areas, including driveways, recr eational areas, paseos and sidewalks would be owned and maintained by the homeowner’s association. The proposed density of 21.9 dwelling units per acre is permitted under the Mid Density Residential land use designation, which allows up to 27 dwelling units per acre. In addition, the project does not conflict with easements acquired by the public and complies with all subdivision requirements. Therefore, staff recommends approval of the tentative tract map request.
Affordable Housing: In 2018, the Council adopted Resolution No . 2018-106, which is a policy statement that encourages a dialogue between City staff and res idential developers to consider options and approaches for addressing the City’s affordable hou sing needs. Pursuant to the resolution, City staff and the applicant discussed potential op tions to support the creation of affordable housing. Although the applicant does not propose on-site affordable units, the applicant has offered to provide a voluntar y financial contribution in an amount of $34,000 to assist in the General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
City’s affordable housing programs which will be secured throug h approval of the proposed development agreement. Such funding would be used to fund the C ity’s affordable housing programs such as the recently created Senior Safety Net program , which is a pilot program that offers emergency financial help, assistance paying monthly rent , and counseling and service referrals to prevent housing ch allenges among seniors. Details of this voluntary financial contribution is included in the proposed development agreement (Attachment 6a).
Development Agreement: A development agreement is a contract for development which provides a property owner or developer a vested right to proceed with an approved development, securing the entitlement along with estab lished regulations and fees, in exchange for the City obtaining benefits beyond what would otherwise be required by existing re gulations and ordinances. State law allows cities and project applicants to enter into a develo pment agreement for their mutual benefit. The proposed developmen t agreement would provide the a pplicant with the certainty desired to develop the project a nd, in return, would provide fu nding for the City’s affordable housing programs.
In 1982, the City Council approved a resolution establishing procedures and requirements for the consideration of development agreements. This resolution identifies four items necessary for the Planning Commission to make a recommendation to the City Council. These items are:
1) The proposed development agreement is consistent with the General Plan;
2) The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the a pplicable zoning district(s) in which the proposed project is and will be located;
3) The proposed development agreement is compatible with the order ly development of property in the surrounding area; and
4) The proposed development agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim.
Staff believes that the proposed project and development agreem ent meet the requirements listed above. As described in this report, the proposed project is con sistent with the proposed General Plan designation, is compatible with the surrounding uses, and meets the development standards of the “RM-3.5” Multiple-Family Residential zone, allowing for orderly development. Also, the proposed development agreement would serve to provide surety fo r the developer and includes benefits to the City by providing funding for affordable housin g programs. Therefore, staff recommends that the Planning Co mmission adopt a resolution reco mmending approval of the development agreement to the City Council.
Community Outreach: The applicant hosted a virtual community ou treach meeting in July 2021.
The applicant provided a summary of the meeting, included as Attachment 10.
Environmental Impact Analysis: An Initial Study in support of a Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impact s of the proposed project and to identify necessary mitigation pursuant to the requirements of the California Environmental Quality Act (CEQA). On May 5, 2022, staff circulated the IS/MND for a 20-day public review period. Staff General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and Development Permit No. 2020-00248 July 6, 2022
posted the IS/MND on the City’s web page, made hard copies available at City Hall and the Anaheim Public Library, and uploaded it digitally with the Office of Pl anning and Research’s CEQAnet database. Staff prepared a joint Notice of Intent (NOI) to adop t the IS/MND and Notice of Public Hearing, which was mailed to potentially affected public agenci es and interested parties, as well as property owners and tenants within a 500-foot radius of the pro posed project. Staff also posted the notice on site and with the OC Clerk-Recorder in addition to pu blication in The Anaheim Bulletin.
The City received one comment l etter during the comment period. Attachment 11 provides the comment letter and the associated response to any CEQA-related issues. None of the comments received resulted in the need to recirculate the IS/MND or to prepare an environmental impact report.
Mitigation measures have been identified in the IS/MND to mitig ate project impacts to biological resources, cultural and tribal resources, geology and soils, ha zards and hazardous materials, and hydrology and water quality. Pursuant to the requirements of CEQA, staff recommends the adoption of these mitigation measures as conditions of approval in the a ttached draft resolution for the approval of the proposed project. With implementation of these measures, the IS/MND concluded that project impacts will be reduced to levels considered less than significant and there would be no remaining potentially significant adverse impacts related to the project.
CONCLUSION: Staff has carefully considered the proposed project and believes that it is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses. In addition, the proposed proj ect meets the goals of the General Plan to continue to provide a variety of quality housing opport unities to address the City’s diverse housing needs. Staff recommends approval of the proposed request.
P r e p a r e d b y , S u b m itted by,
N i c k T a y l o r , A I C P S c o t t K o e h m , A I C P S e n i o r P l a n n e r P r i n c i p a l P l a n n e r
Attachments:
1. Draft City Council MND Resolution
2. Draft Planning Commission General Plan Amendment Resolution
3. Draft City Council Reclassification Ordinance
4. Draft City Council Conditional Use Permit Resolution
5. Draft City Council Tentative Tract Map Resolution
6. Draft Planning Commission Development Agreement Resolution a. Draft Development Agreement
7. Initial Study/Mitigated Negative Declaration
a. Appendices
8. Project Description
9. Project Plans
10. Applicant Community Outreach Summary
11. Comments Received and Response to IS/MND Comments
12. Aerial and Vicinity Maps