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: JULY 6, 2022
SUBJECT: DEVELOPMENT PERMIT 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. Approve the attached draft resol ution for Conditional Use Permi t No. 2021- 06121 (Attachment 1); and
2. Approve the attached draft resolution for Tentative Tract Map N o. 19177 (Attachment 2)
Development Permit No. 2021-00188, Conditional Use Permit No. 2021-06121, and Tentative Tract Map No. 19177 July 6, 2022
BACKGROUND: This item was presented to the Planning Commission at its mee ting on June 6, 2022. The Chair opened the public hearing and received testi mony from the project applicant and members of the public. Issues discussed included density, n oise, perimeter wall design, parking, utility service, maintenance and security of private streets and private common areas, and trash collection. All correspondence received prior to the publ ishing of this report has been included as Attachment 8, including a presentation from the applicant.
DISCUSSION:
Density: The proposed project meets the density permitted withi n the Low-Medium Density Residential land use de signation, with the application of a five percent density bonus allowed per California Government Code Section 65915. Th e designation permits a maximum of up to 18 dwelling units per gross acre (du/ac), which equates to 16 dwelling units allowed on the 0.93-acre project site. The proposed project is providing 10 percent of the 18 units for moderate income households (two units). Based on the proposed level of affordability, the proposed project would qualify for a five pe rcent density bonus per Section 65915, which equates to an additional two dwelling unit s (or 19.4 dwelling units per acre as proposed).
Noise: The applicant has prepared a noise study demonstrating compliance with Anaheim Municipal Code (Code) standards related to development within c lose proximity to a highway. Average outdoor noise w ould be 63 decibels where up to 65 decibels would be allowed for outdoor common areas. Interior noise levels would be reduced to less than the permitted 45 decibels with the incorporation of insulated windo ws as required by the California Building Code (CBC). The noise study is provided as Attachment 4.
Perimeter Wall Design: The Code allows up to an 8-foot tall wal l, although a wall is not required when separating multiple-family residential zones. Sta ff supports any height of wall 8-feet or less in compliance with Code.
Parking: State law and the City’s Housing Incentives Ordinance allow reduced parking ratios for qualifying developments. The table below compares t he amount of parking required for a Density Bonus Housing Development and the propos ed 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
Development Permit No. 2021-00188, Conditional Use Permit No. 2021-06121, and Tentative Tract Map No. 19177 July 6, 2022
Accordingly, the project would comply with Code required parking and provide a surplus of five spaces. The City does not have the authority to require additional parking spaces; however, staff has recommended a condition of approval requirin g residents to use designated parking spaces only for the parking of vehicles. Fur ther, the applicant has revised the CUP Justification Letter to include language for the CC&Rs to address parking rules (Attachment 5).
Utility Service: The applicant has provided a sewer study to Pu blic Works demonstrating that there would be adequate capacity to serve the new developm ent within the private sewer mainlines. In addition, the applicant has provided written confirmation from the City of Buena Park that there is capacity within the public sewer ma inlines serving this development.
Maintenance and Use of Private Property: At the prior hearing, the City Attorney opined that the Planning Commission should not weigh-in on private fin ancing related to private parties. The applicant intends to engage in additional discussions with the Parkdale HOA regarding this matter to find an agreeable solution between the two parties. The applicant has provided an updated letter regarding outreach efforts that have occurred since the first public hearing (Attachment 6).
Trash Service: The project has been designed to include trash bins that will be stored in the garages of the units and serviced by a truck that can circulate within the community. There would also be a designated area for bulky item pickup. The proposal has been approved by Public Works Streets & Sanitation staff.
Housing Accountability Act (HAA): Pursuant to Government Code Section 65589.5:
“When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standar ds and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B) There is no feasible method to satisfa ctorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), oth er than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.”
Development Permit No. 2021-00188, Conditional Use Permit No. 2021-06121, and Tentative Tract Map No. 19177 July 6, 2022
Should the Planning Commission d ecide to deny the project or re quire development at lesser density, it must make written findings pursuant to the text above, citing a significant, quantifiable, direct, and unavoidable impact based on objective, identified written public health or safety standards, policies, or conditions, as prescribed by State Law.
CONCLUSION: The June 6, 2022 staff report is provided as Attachment 3 and c ontains the complete project analysis. Staff has carefully considered the p roposed project and believes 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 propo sed project meets the goals o f 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.
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 Conditional Use Permit Resolution
2. Draft Tentative Tract Map Resolution
3. Planning Commission Staff Report June 6, 2022 (without attachments)
4. Noise Study
5. Revised Conditional Use Permit Justification Letter
6. Updated Public Outreach Summary
7. Project Plans
8. Correspondence
9. Aerial and Vicinity Maps