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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: AUGUST 9, 2022
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: REQUEST FOR APPROVAL OF PROJECT ENTITLEMENTS
FOR A 34 UNIT TOWNHOME DEVELOPMENT AT 1661-1673
WEST BROADWAY (DEVELOPMENT APPLICATION NO.
2020-00248)
ATTACHMENT (Y/N): YES ITEM # 30
RECOMMENDATION:
That the City Council, by separate Resolutions, take the following actions related to the approval of a residential project located at 1661-1673 West Broadway:
1) Approve a Mitigated Negative Declaration in compliance with the California Environmental Quality Act, determining that the project, with implementation of the mitigation measures contained in Mitigation Monitoring and Reporting Program No. 381, will have a less than significant impact on the environment;
2) Approve General Plan Amendment No. 2021-00536 to amend the land use designation from Office-Low to Mid Density Residential; 3) Approve Conditional Use Permit No. 2021-06097 to allow for the construction of a residential development consisting of 34 residential units (townhomes) with modified development standards; and
4) Approve Tentative Tract Map No. 19141, to permit a one-lot, 34 unit subdivision for condominium purposes.
That the City Council, by Motion:
1) Introduce an Ordinance to approve Reclassification No. 2021-00336 to reclassify the property from the “C-G” General Commercial zone to the “RM-3.5” Multiple-Family Residential zone; and
2) Introduce an Ordinance to approve a Development Agreement to permit a voluntary financial contribution in the amount of $34,000 to support the City’s affordable housing programs and projects.
Townhome Development at 1661-1673 West Broadway (Development Application 2020-00248) August 9, 2022
DISCUSSION:
On July 6, 2022, the Planning Commission recommended City Council approval of the above- listed actions by a 6-1 vote (Commissioner Perez voting no). A copy of the Planning Commission staff report, which includes additional project details, and the meeting minutes are included as Attachment Nos. 13 and 14 to this report, respectively.
This 1.55-acre property is located in the “C-G” General Commercial zone and is designated for the “Office-Low” land use by the General Plan. Multiple-family residential land uses are adjacent to the 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. The site is developed with three multi-tenant office buildings.
The proposed project is a residential development consisting of 34 townhome units. The residential units would be comprised of 10 two-bedroom units, 14 three-bedroom units, and 10 three-bedroom units, ranging between 1,062 square feet and 1,633 square feet.
The proposed project would include a total of 100 parking spaces provided in 68 garage spaces and 32 open spaces. The project meets the City’s parking standards. Vehicular ingress and egress would be provided by a driveway on Broadway. The project would include new perimeter walls, but would not be gated.
A total of 9,480 square feet of recreational area would be provided. The zoning code requires a total recreational area of 9,350 square feet. The recreational areas include a social gathering area with accent paving and specimen trees, and there would be landscaped paseos with decorative planted pottery. Private areas would include decks and ground floor patios at some of the units.
Landscape Plan
Townhome Development at 1661-1673 West Broadway (Development Application 2020-00248) August 9, 2022
General Plan Amendment
The applicant is requesting a General Plan amendment to redesignate the property from the Office-Low land use designation to Mid Density Residential. The permitted density range is from zero to 27 dwelling units per gross acre. The proposed project would have a density of 21.9 dwelling units per acre. The proposed amendment to the General Plan would also support the following General 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 opportunities 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 minimizes 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 identifiable 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.
Reclassification
The implementing zone for the Mid Density Residential General Plan designation is the “RM-
3.5” (Multiple-Family Residential) zone. Accordingly, the applicant proposes to reclassify the property from the “C-G” General Commercial zone to the “RM-3.5” zone.
Conditional Use Permit
A conditional use permit is required for the construction of single-family attached units in the RM-3.5 zone. In addition, development standards can be modified in conjunction with a conditional use permit. The project complies with the development standards of the RM-3.5 zone with the exception of the (1) on-site building-to-building setback, and (2) interior setback requirement, as described below:
1. The applicant requests to modify the minimum required building-to-building setback to 20’-6” where the Code requires a 40-foot separation between three-story buildings with parallel walls that are designated as “primary” walls. Primary walls are building walls that contain an entrance and/or windows opening into living areas.
2. The applicant requests to modify the minimum interior structural and landscape setbacks to 15-feet and 0-feet where the Code requires 20-feet and 5-feet, respectively.
Townhome Development at 1661-1673 West Broadway (Development Application 2020-00248) August 9, 2022
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 high quality project design, privacy, livability, and compatibility with surrounding uses. The proposed modification would help achieve a functional, pedestrian-friendly design and provide for a high-quality living environment. A more detailed description of the requested modification is provided in the Planning Commission staff report (Attachment 13).
Tentative Tract Map
A tentative tract map is proposed to create a one-lot condominium subdivision for the 34 “airspace” condominium units. All common areas, including driveways, recreational areas, paseos, and sidewalks would be owned and maintained by the homeowner’s association. The project complies with all subdivision requirements.
Development Agreement for Affordable Housing Contribution In 2018, the Council adopted Resolution No. 2018-106, which is a policy statement that encourages a dialogue between city staff and residential developers to consider options and approaches for addressing the City’s affordable housing needs. Pursuant to the resolution, city staff and the applicant discussed potential options to support the creation of affordable housing.
Although the applicant decided not to provide any on-site affordable units, the applicant has offered to provide a voluntary financial contribution in an amount of $34,000 to assist in the City’s affordable housing programs and projects.
The applicant is requesting approval of a development agreement (Attachment 6a) which includes a voluntary financial contribution in the amount of $34,000 to support the City’s affordable housing programs and projects. A development agreement is a contract for development which provides a property owner or developer a vested right to proceed with an approved development in exchange for the City obtaining benefits beyond what would otherwise be required by existing regulations and ordinances. State law allows cities and project applicants to enter into a development agreement for their mutual benefit. The contribution would be used at the City’s discretion to support affordable housing programs and projects, such as the Senior Safety Net program.
CEQA Environmental Determination
An Initial Study in support of a Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impacts 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 posted the IS/MND on the City’s web page and made hard copies available at City Hall and the Anaheim Public Library. Staff prepared a joint Notice of Intent (NOI) to adopt the IS/MND and notice of the associated public hearing, which was mailed to potentially affected public agencies and interested parties, as well as property owners and tenants within a 500-foot radius of the proposed project. Staff also posted the notice on site and with the OC Clerk-Recorder. The City received one comment letter during the comment period. Attachment 10 provides the comment letter and the associated response to any CEQA-related issues. The comment letter received did not result in the need to recirculate the IS/MND or to prepare an environmental impact report.
Townhome Development at 1661-1673 West Broadway (Development Application 2020-00248) August 9, 2022
Mitigation measures have been identified in the IS/MND to mitigate project impacts to air quality, biological resources, cultural resources, geology and soils, noise, and tribal and cultural resources. Pursuant to the requirements of CEQA, staff recommends the adoption of these mitigation measures as conditions of approval in the attached 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 evaluated the proposed project and determined 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 project meets the goals of the General Plan to continue to provide a variety of quality housing opportunities to address the city’s diverse housing needs. Staff and the Planning Commission recommend approval of the proposed project.
IMPACT ON BUDGET:
There is no budgetary impact. The costs associated with this hearing will be incurred by the project applicant.
Respectfully submitted,
Ted White
Planning and Building Director
Attachments:
1. Mitigated Negative Declaration Resolution
2. General Plan Amendment Resolution
3. Conditional Use Permit Resolution
4. Tentative Tract Map Resolution
5. Reclassification Ordinance
6. Development Agreement Ordinance
a. Exhibit C Draft Development Agreement
7. Planning Commission Resolutions
8. Project Description
9. Initial Study/Mitigated Negative Declaration
a. Appendices
10. Response to Comments
11. Project Plans
12. Applicant’s Community Outreach Summary
13. July 6, 2022 Planning Commission Staff Report (without attachments)
14. July 6, 2022 Planning Commission Draft Minutes