200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 1
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: JUNE 6, 2022
SUBJECT: DEVELOPMENT PROJ ECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121 AND
TENTATIVE TRACT MAP NO. 19177
LOCATION: 1442 North Dale Avenue (approximately 225 feet east of the northern terminus of Dale Avenue)
APPLICANT/PROPERTY OWNER: The applicant is Chris Segesman of Bonanni Development, and the property owner is Judy Maria Boisseranc Gentry.
REQUEST: The applicant requests approval of the following land use entitlements:
1. A conditional use permit for a 18 single-family attached dwelli ng units (townhomes) with modified development standards, which would in clude the following non-discretionary items: a five percent density bonus and Tier One development incentive for reduced interior lot line setbacks wi th two units affordable to moderate income households;
2. A tentative tract map to establish a one-lot, 18-unit condominium subdivision.
RECOMMENDATION: Staff recommends that th e Planning Commission determine that a Class 32 – In-Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sec tions 15332 and 15300.2 of t he State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3 , Sections 15000- 15387) is the appropriate environmental documentation for this request; and:
1. By motion, adopt the attached draft resolution for Conditional Use Permit No. 2021-06121 (Attachment 1); and
2. Adopt the attached draft resolution approving Tentative Tract Map No. 19177 (Attachment 2)
DEVELOPMENT PROJECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121, AND TENTATIVE TRACT MAP NO. 19177
June 6, 2022
BACKGROUND: The property is 0.93 acres and is designated for Low Medium D ensity Residential land use in the General Plan, and is located in the Transition “T” zone. The property is developed with a 1,910 square -foot single-family home, 930 s quare-foot detached garage, 900 square-foot concrete pad, and two accessory structures. The property is currently accessible by an existing private alley from Dale Avenue, north of Peppertree Drive. The property is surrounded by townhomes (Parkdale Community) to the south, east, and west. A landscaped slope of State Route (SR)-91 borders the project site to the north.
PROPOSAL: The applicant proposes to constr uct an 18-unit attached, sing le-family residential development (townhomes) using the RM-3 Multiple-Family Resident ial zone development standards. The units would be in three two-story buildings, ran ging from five to eight units per building. The units would consist of an attached two-car garage, with three different plan types of two to three bedrooms, and ranging in size from 1,045 to 1,560 square feet. There would be 41 parking spaces, including 36 garage spaces and five open spaces. The project would provide over 6,400 square feet of recreation-leisure area, including a passi ve landscaped community area and private patios. Two of the units would be designated as affordable to moderate income households.
Landscape Plan
The project would be accessed from Dale Avenue on Pepper Tree D rive via an existing access easement through the Parkdale Community as shown on the encumbr ance map below. The northerly access easement would not be used for the proposed project.
DEVELOPMENT PROJECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121, AND TENTATIVE TRACT MAP NO. 19177
June 6, 2022
Encumbrance Map
Design: The buildings would be two stories tall with a maximum height of 28 feet. Varying wall planes and rooflines would articulate the front façade of each building. Exterior design finishes would include a variety of complementary accent colors and materials including asphalt shingles, painted stucco, cement plaster, board and batten fiber cement siding, and vinyl shutters to articulate the façades. With the exception of the entry driveway along Pep pertree Drive, the entire project site would be enclosed by a six-foot tall wall consisting of ta n, vinyl fencing along the northern boundary and a six-foot tall tan concrete masonry along the wes tern, southern, and eastern boundaries.
Looking Northeast from the Parkdale Community
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested entitlement action:
Conditional Use Permit: Pursuant to the State of California’s Housing Accountability Act (HAA), most recently amended in 2019, properties with a General Plan d esignation that allows for residential uses, but that have a zoning designation that does not allow for residential uses, are not required to reclassify the property’s zoning to be consistent with the General Plan when residential
DEVELOPMENT PROJECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121, AND TENTATIVE TRACT MAP NO. 19177
June 6, 2022
uses are proposed. Rather, the property may be developed for re sidential uses in accordance with the density prescribed by the General Plan land use designation. In this instance, the General Plan designates the subject property for Low Medium Density land use s, which allows residential density at 18 dwelling units per acre, and the property’s zoning is Transition. Therefore, pursuant to the HAA, the property would be subject to the RM-3 Multiple- Family Residential zone development standards, which is the implementing zone for the L ow Medium Density General Plan designation, and would not require a zoning reclassification.
Before the Planning Commission ma y approve the conditional use permit for a multiple-family planned unit development, it must make a finding of fact that t he evidence presented 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.
The project complies with the development standards of the RM-3 zone and “Housing Incentives” specified in Chapter 18.52 of the Anaheim Municipal Code (AMC), with the exception of the building-to-building and interior landscape setback. In the RM- 3 zone, development standards including setbacks, may be modified as part of a conditional us e permit as described below. The project would be at an overall g reater density than the Parkdal e Community (19 du/ac versus 11 du/ac); however, both are within the Low Medium Density General Plan designation. Although development standards would allow for three-story development i n this area, the applicant has proposed two-story buildings providing compatibility with the s urrounding Parkdale Community design, including scale, massing, bulk, and orientation. Further, the project would have a less than significant impact to nearby road ways and intersections, as con cluded in the Trip Generation Memo provided within Attachment 5 ; therefore, the project would not impose an undue burden, and the existing streets are designed sufficiently to carry the traffic in the area.
Building-to-Building Setback: The applicant requests to modify the minimum required setbacks to 24-feet, where the Municipal Code requires a 30-foot separat ion between two-story buildings with parallel walls that are designated as “primary” walls. Pr imary walls are building walls that contain an entrance and/or windows opening into living areas. Setbacks for projects in the RM-3 zone may be modified in conjunction with a conditional use permit when it is determined that the modifications achieve a good project design, privacy, livabilit y, and compatibility with surrounding uses. The proposed project would provide reduced bu ilding-to-building setbacks of 24-feet at the narrowest point, and this is consistent with mod ifications granted previously to similar projects. The two-story primary building elevations wit h a reduced setback would be DEVELOPMENT PROJECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121, AND TENTATIVE TRACT MAP NO. 19177
June 6, 2022
separated by drive aisles for garages, and would have adequate separation to ensure a quality living environment. The applicant has de signed elevations with offset second story windows, and enhanced and articulated archite cture with quality design featu res. The proposed modification would help achieve a functional design with larger private pati os on the elevat ions opposite the garages to provide for a high-quality living environment.
Interior Setback: The applicant requests to modify the interior landscape setback along a 78-foot portion of the west property line. The Code identifies a five-f oot landscape setback, and 3’-3” would be provided. The reduced setback would provide for adequa te ingress and egress for the property, as well as an additional parking space. The reduced landscape area would include a six- foot tall property line wall to serve as a buffer between the two properties. Although an additional parking space is not required by Code as described in the parki ng analysis below, staff believes the additional space would be beneficial to the project. Further, the reduced setback would provide good design that would ensure compatibility with the surrounding community and would meet the intent of the interior setback r equirement by providing an adeq uate buffer between the two communities.
Parking: State law and the City’s Housing Incentives Ordinance allow reduced parking ratios for qualifying developments. The table below compares the amou nt of parking required for a Density Bonus Housing Development and the proposed number of parking spaces provided.
No. of Bedrooms Units Parking Ratio
Total
Parking
Spaces
Two-Bedroom 7 units 2 spaces/unit 14
Three-Bedroom 11 units 2 spaces/unit 22
Total Parking Required 36
Total Parking Provided 41
Accordingly, the project would comply with Code required parking and provide a surplus of five spaces.
Density Bonus: The proposed project meets the density permitted within the RM-3 zone, with the application of a five percent density bonus allowed per Califor nia Government Code Section 65915. The RM-3 zone permits a maximum of up to 18 dwelling un its per gross acre (du/ac), which equates to 16 dwelling units allowed on the 0.93-acre pro ject site. The proposed project is providing 10 percent of the 18 units for moderate income househ olds (two units). Based on the proposed level of affordability, the proposed project would qualify for a five percent density bonus per Section 65915, which equates to an additional two dwelling units (or 19.4 dwelling units per acre as proposed).
Housing Incentives: Pursuant to Anaheim Municipal Code Section 18.52.090 (Development Incentives), development incentives for affordable housing deve lopment are categorized as “Tier One” and “Tier Two” incentives. Tier One incentives are not su bject to discretionary review or DEVELOPMENT PROJECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121, AND TENTATIVE TRACT MAP NO. 19177
June 6, 2022
denial. The project qualifies for one Tier One incentive and would implement a 10-foot interior lot line setback accordingly.
Affordable Housing: The City Council has adopted a policy empha sizing the importance of affordable housing, and the applicant has proposed a 10-percent affordable housing project as described previously. Accordingly, the applicant has executed a Memorandum of Understanding with City staff (Attachment 6), and the project would be condit ioned to require the applicant to enter into a Density Bonus Housing Agreement with the City.
Tentative Parcel Map: Pursuant to AMC Section 17.08.100 – Advisory Agency Duties, before the Planning Commission may approve 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 map is consistent with the General Plan and applicable specific plan; 2) That the design or improvement of the proposed subdivision is consistent with the General Plan and applicable specific plan;
3) That the site is physically suitable for the type of development; 4) That the site is physically suitable for the proposed density of development; 5) That the design of the subdivisi on or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6) That the design of the subdivision or type of improvements are not likely to cause serious public health problems; and
7) That the design of the subdivisi on 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.
Tentative Tract Map No. 19177 is proposed to create a one lot subdivision by for 18 condominium units. The proposed density of 19.4 dwelling units per acre fo r the affordable housing project would be perm itted with the proposed density bonus as p reviously described. The project would comply with applicable development standards (exc ept for the modified standards subject to approval of a conditional use permit described above ), would not cause any environmental impacts (discuss ed below), would not create any p ublic health impacts, and would not conflict with easements acquired by the public. The project would comply with all subdivision requirements, and staff recommends approval of the tentative tract map request.
Community Outreach and Correspondence: The applicant held a com munity meeting with the Parkdale Homeowners’ Association (HOA) on September 7, and Nove mber 3, 2021, with the applicant reporting that approxi mately 80-100 residents attende d the second meeting. The applicant conducted other meetings and calls to coordinate with various parties related to the HOA.
The applicant has provided a summary of the community outreach as Attachment 4.
Environmental Impact Analysis: The Project qualifies for a Cla ss 32 – In-Fill Development Project Categorical Exemption under the California Environmenta l Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15332 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chap ter 3, Sections 15000-15387).
Based on the analysis in the CEQA Class 32 Categorical Exemptio n Environmental Checklist (Attachment 5), staff recommends that the Planning Commission d etermine that the project will not cause a significant effect on the environment and is, there fore, categorically exempt from the DEVELOPMENT PROJECT NO. 2021-00188, CONDITIONAL USE PERMIT NO. 2021-06121, AND TENTATIVE TRACT MAP NO. 19177
June 6, 2022
requirement for the preparation of environmental documents unde r the California Environmental Quality Act and no further environmental review is required.
CONCLUSION: Staff has carefully considered the proposed project and believe s that it is compatible with surrounding land uses and designed in a m anner to provide a quality living environment for its future residents and valuable amenities and resources for the surrounding community. In addition, the proposed project meets the goals of the General Plan to continue to provide a variety of quality hou sing opportunities to address t he City’s diverse housing needs, would provide affordable housing in furtherance of the C ity’s Housing Element, and is consistent with the City Council’s policy identifying affordable housing as a priority.
Prepared by, S u b m itted by,
N i c k T a y l o r , A I C P N i k i W e t z e l , A I C P S e n i o r P l a n n e r D e p u t y P l a n n ing and Building Director
Attachments:
1. Draft Conditional Use Permit Resolution
2. Draft Tentative Tract Map Resolution
3. Conditional Use Permit Justification Letter
4. Public Outreach Summary
5. Class 32 Checklist
6. Density Bonus Memorandum of Understanding
7. Project Plans
8. Aerial Map
9. Vicinity Map