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: OCTOBER 10, 2022
SUBJECT: DEVELOPMENT APPLICATION NO. 2021-00123
GENERAL PLAN AMENDMENT
RECLASSIFICATION
CONDITIONAL USE PERMIT
MINOR CONDITIONAL USE PERMIT
TENTATIVE TRACT MAP NO. 19140
LOCATION: This property is located generally at the southeast corner of Anaheim Boulevard and Ball Road (1200 – 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street).
APPLICANT/PROPERTY OWNER: The applicant is Greenlaw Partners , represented by Rob Mitchell, and the agent is Dane McDougall of C&V Consulting.
The property owner is the City of Anaheim.
REQUEST: The applicant requests approval of the following zoning entitlements:
1) A General Plan Amendment to change the land use designation from General Commercial to Mixed-Use Mid Density Residential;
2) A zoning r eclassification of the property to establish the Mixed Use (MU) Overlay Zone;
3) A conditional use permit (CUP) to allow a mixed-use development and attached single-family residential project including 10 percent affordable units with a housing incentive to allow a reduced parking ratio;
4) A minor conditional use permit (MCUP) to permit a coordinated sign program and on-site murals throughout the site;
5) A tentative tract map to permit a 223-unit subdivision for condominium purposes.
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
RECOMMENDATION: Staff recommends that the Planning Commission:
1) Approve the attached resolution recommending City Council approval and adoption of the Initial Study / Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan No. 384 (MMP No. 384) determining that the IS/MND and MMP No. 384 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 approval of a General Plan Amendment (Attachment 2);
3) By motion, recommend that the City Council introduce and adopt the attached draft ordinance for Reclassification (Attachment 3);
4) By motion, recommend that the City Council approve the attached draft resolution for Conditional Use Permit (Attachment 4);
5) By motion, recommend that the City Council approve the attached draft resolution for Minor Conditional Use Permit (Attachment 5);
6) By motion, recommend that the City Council approve the attached draft resolution for Tentative Tract Map No. 19140 (Attachment 6); and,
BACKGROUND: The proposed development site is comprised of six separate parcels comprising 8.3 acres. The parcels are con tiguous and together provide street frontage along Anaheim Boulevard, Ball Road, and Claudina Street. The parcels are located in the “C-G” General Commercial, and “SABC” South Anaheim Boulevard Corridor Overlay zones and are developed with several office and retail buildings. The site is designated for General Commercial land uses by the General Plan. Surrounding land uses include m ultiple-family residential and commercial uses to the west of the property, commercial and industrial to the north and east, and industrial uses to the south.
PROPOSAL: The ap plicant proposes to construct a mixed -use project consisting of 223 residential units, including 10 percent of the units as affordable for moderate income households, and 4,586 square feet of commercial space and a Housing Incentive to allow for a reduced parking ratio. As a note, the public notice for this item identified a density bonus for the project; however, as discussed in the General Plan Amendment section belo w, the project meets the al lowable density for the proposed Mixed Use Mid Density Residential designation, and a density bonus is not required. The residential buildings would include three-story townhomes with rooftop terraces and four-story flats. The 187 townhome units would be divided into 24 buildings, while the 36 flat units would be located in three corner buildings facing the intersection of Anaheim Boulevard and Ball Road. Two commercial spaces would be located on the ground floor of the flats buil dings, adjacent to the proposed driveway on Ball Road. The townhome residential units range from 835 square feet to 1,796 square feet and would include one, two, and three -bedroom options. The residential flats would range from 1,419 square feet to 2,597 s quare feet and would include two, three, and four-bedroom options.
The project would be accessed by three driveways and one emergency vehicle access lane located to the south of the property. The main entry point on Ball Road will dissect the two buildings where the commercial spaces are located. An additional driveway is located on Claudina, while the third driveway at Anaheim Boulevard will be a signalized access point. The project will include a total of 385 garage parking spaces for the residential units, with some spaces tandem in design, Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
and 32 surface parking spaces for guests. Additionally, 20 surface parking spaces are provided for the retail uses. The development would offer multiple open space opportunities throughout the site with a dog park, children’s park, and a recreation amenity space. The recreation amenity space would be centrally located and provide a pool, barbeque grills, and picnic tables.
Landscape Plan
Design: The project would have a modern contemporary architectural design with a variety of materials including stucco, stone veneer, metal or fiber cement sidings, composition shingles, and metal railings for the balconies . The color palette would include a mix of whites, greys, and browns. The first story would include st ucco with stone veneer accents and would incorporate stucco and fiber cement siding in different building projections and arc hitectural elements. All residential units with upper-story open spaces such as decks, balconies, and rooftop terraces would include a decorative metal railing . The project architecture and design would incorporate façade variations to further articulation.
Each of the proposed townhome buildings would provide 4 units to 12 unit s per building .
Depending on the placement, design, and orientation of the townhome, the front door would either face a common courtyard , pedestrian walkway, or street. For the flats, the buildings include between 10 and 16 residential units and will provide the main entrance that will then lead to a stairway and elevator in order to access each unit. In order to enhance the ground floor and open spaces area, all mechanical units would be placed on the rooftop or terrace area.
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
6-Unit Townhome Elevation
Building 2 (Flats) Elevation
Disposition and Development Agreement: Beginning in 2001, the former Redevelopment Agency commenced the acquisition and assemblage of the site. Upon the dissolution of the Redevelopment Agency in 2012, the site was identified in the Long Range Property Management Plan as property to be retained by the City for development consistent with the former Redevelopment Plan. The City Council approved an Exclusive Negotiation Agreement on August 27, 2019, with Greenlaw Development LLC to negotiate the development of a mixed -use, mixed- income project. On November 10, 2021, the City Council approved an Amended and Restated Exclusive Negotiation Agreement to allow additional time to complete the negotiations and project entitlements.
Subsequent to land use entitlement consideration, the City Council will co nsider a Development and Disposition Agreement for the sale of the property to the developer.
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 General Plan is the guide for the City’s future development. It designates the distribution and location of specific land uses and
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
establishes the permitted densities for each land use designation. The applicant is requ esting a General Plan amendment in order to redesignate the property from the General Commercial land use to the Mixed-Use 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 subject property is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses.
The Land Use Element describes the Mixed-Use Mid Density Residential designation as providing for the development of a wide range of residential , commercial, and office projects. Residential development in this area emphasizes either a stand -alone, mix ed-use, townhome, or a vertical mixed-use pattern. The permitted density range is from zero to 27 dwelling units per gross acre.
The proposed project would have a density of 26.9 dwelling units per acre. The proposed modification to the G eneral Plan also supports 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.
The project site encompasses underutilized commercial properties, several of which have been vacant for a number of years, while some of the parcels have been operated as used car dealerships.
Directly to the west and north of the project there are a number of retail and restaurant establishments, with neighboring multi- family and single -family homes. Staff believes that the Mixed-Use Mid Density Residential land use designation would be compatible and complementary to these surrounding land uses because the proposed amendment would maintain Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
internal consistency with the General Plan by furthering the Goals identified above. The project site is located near recently developed properties with similar projects , building design, and densities. The project would not be detrimental to public interest, health, safety, convenience, or welfare of the City because the amendment would result in residential and commercial development opportunities that would be compatible with the existing land uses within the immediate vicinity of the project; because the project would maintain the balance of land uses within the City as the amendment would provide quality housing opportunities to address the City’s diverse housing needs and would be compatibl e with and complementary to surrounding land uses; and because the propert y is physically suitable to accommodate the proposed amendment, including access, physical constraints, topography, provision of utilities, and compatibility with surrounding residential land uses. Therefore, staff recommends approval of the requested General Plan amendment.
Reclassification: The property is zoned “C-G” General Commercial . The project includes a proposed General Plan amendment to Mixed-Use Mid Density Residential as described above, and the implementing zone for this General Plan designation would be the Mixed -Use (MU) Overlay Zone. Accordingly, the applicant proposes to reclassify the property, and staff supports this request because the proposed Mixed-Use (MU) Overlay zone is consistent with, and would implement the proposed Mixed-Used Mid land use designation.
Conditional Use Permit: With the proposed Reclassification, the project would be subject to the Mixed-Use (MU) Overlay zoning requirements. Mixed -use projects require approval of a conditional use permit in this zone . The project is subject to the development standards of the underlying zone as well as the Mixed Use (MU) Overlay zone, and the zone permits modification of the de velopment standards by conditional use permit. The Mixed -Used (MU) Overlay zone includes standards that promote enhanced design features that are compatible with other residential and non- residential uses in the surrounding area . Before the Planning Commis sion may recommend approval of the conditional use permit for the mixed -use project , it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1) That the proposed used us properly one for which a minor conditional use permit or a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040; 2) That the proposed use will not adversely affect the adjoining land uses, or t he growth and development of the area in which it is proposed to be located; 3) That 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 either the particular area or health and safety;
4) 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; and 5) 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 is consistent with the proposed zoning and general plan designation and the site is designed consistent with the development standards of the Mixed -Use (MU) Overlay zone . The mixed-use project will not adversely affect the adjoining land uses as there are commercial and Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
residential uses in the near vicinity. The property size is adequate to develop the number of residential units being proposed and provide adequate circulation so as not be detrimental to the health and safety of the residents and visitors in the area. The City has reviewed the project and determined that the traffic generated by the use would not impose an undue burden on the streets in the area. Lastly, the proposed project will not be detrimental to the overall health, safety, and general welfare of the citizens of the City of Anaheim. The site is des igned to be capable of receiving all City and county services with adequate circulation and access to and from the site.
Minor Conditional Use Permit: The applicant is requesting a coordinated sign program and the installation of murals throughout the site. A coordinated sign program is required for developments that provide multiple occupancies of two or more tenants and for any site containing at least 40,000 square feet of land area. The sign locations for the tenant spaces will be visible from Ball Road and would be located over the main entrance of each tenant space. Murals visible from the public right-of-way also require a minor conditional use permit. The applicant is proposing to include murals on the Claudina driveway entrance , specifically on the southern concrete masonry unit (CMU) wall, a pair of murals at the Ball Road driveway, a mural on the CMU wall located in the pool area, and an architectural mural on the corner buildings near the corner of the Ball Road and Anaheim Boulevard intersection. There are two six to eight foot high monum ent signs proposed on the property that would provide the name of the mixed- use development. The first monument sign will be placed at the primary vehicle entrance located on Anaheim Boulevard, while the other will be located on the northeast corner of the site. Lastly, there is a 15- foot high corner sculpture being proposed near the corner of Anaheim Boulevard and Ball Road. With the exception of the mural located at the pool area, all other murals, monument signs, and the sculpture would be visible from the public right-of-way.
The proposed murals depict different color and gradient patterns and would not include any commercial or advertising signs. The Planning and Building Director has the authority to approve coordinated sign programs and murals ; however, the Director has the authority to refer the sign applications to the Planning Commission when the signs are proposed in conjunction with a larger project requiring Planning Commission review . Although the final design of the murals and monument s igns have not been determined, the proposed location for the murals, signs, monuments, and the sculpture are illustrated in the project plans. The final design and color choices for the murals and monuments will be submitted for review and approval by the Planning and Building Department as conditioned in the Minor Conditional Use Permit Resolution.
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
Coordinated Sign Program and Murals Plan
Parking Requirements: State law and the City’s Housing Incentives Ordinance allow reduced parking ratios for qualifying developments. The proposed project qualifies for a Housing Incentive given that it provides 10 percent affordable units.
The applicant requests a reduced parking ratio as the allowable Housing Incentive. The table below describes the amount of parking required with the Housing Incentive and the amount of parking proposed.
No. of Bedrooms Units Parking Ratio Total Parking
Spaces
One-Bedroom 55 1 spaces/unit 55
Two-Bedroom 82 2 spaces/unit 164
Three-Bedroom 76 2 spaces/unit 152
Four- Bedroom 10 2.5 spaces/unit 25
Total Parking Required with Housing Incentive 396
Total Parking Provided 417
The applicant proposes 417 parking spaces which is 21 spaces more than required with the Housing Incentive for the residential portion of the project. The Code requires 19 spaces for the 4,586 square feet of proposed commercial uses, and the applicant is proposing 20 surface spaces.
Affordable Housing: The City Council has adopted a policy emphasizing the importance of affordable housing, and the applicant has proposed that 10 percent of the housing be affordable to
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
moderate income households as described previously. Accordingly, the applicant has executed a Memorandum of Understanding with City staff (Attachment 8), and the project would be conditioned to require the applicant to enter into a Housing Incentives Agreement with the City.
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 propos ed subdivision of the Property , including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the " Mixed-Use Mid Density Residential" land use designation proposed as part of the General Plan Amendment, now pending; 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19140, including their design and improvements, is consistent with the zoning and development standards of the Mixed-Use (MU) Overlay Zone proposed as part of the Reclassification request;
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. 19140, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified;
5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19140 or the type of improvements is not likely to cause serious public health problems; and
6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19140, 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 223 “airspace” residential condominium units. All common areas, including driveways, recreational areas, paseos and sidewalks would be owned and maintained by the homeowner’s associ ation. The proposed density of 26.9 dwelling units per acre is permitted under the Mixed-Use 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.
Recreational-Leisure Area: The Code requires 44,600 square feet of recreational-leisure space, and the project includes 87,755 square feet of common recreational -leisure space. The common recreation areas would include a dog park, children’s playground, open grass area, and pool building with canopies and barbeque grills. Private areas for the residential units would be provided based on the design of the unit but would include balconies for the flats and roof -top terraces for all the of the townhome units.
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
Environmental Impact Analysis: 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 August 11, 2022, staff circulated the IS/MND for a 20 -day public review period.
Staff 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 dig itally with the Office of Planning and Research’s CEQAnet database. Staff prepared a Notice of Intent (NOI) to adopt the IS/MND 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 pos ted the notice at City Hall and with the OC Clerk-Recorder in addition to publication in The Anaheim Bulletin. The City received three letters during the comment period. Attachment 7b (Final IS/MND Section 2) includes the received comment letters and the City’s responses to these letters . Pursuant to CEQA Guidelines Section 15073.5, none of the comments received resulted in the need to recirculate the Draft IS/MND or to prepare an Environmental Impact Report (EIR).
Mitigation measures have been identified in the IS/MND to mitigate project impacts to air quality, cultural and tribal resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, and utilities and service systems. Pursuant to the requirements of CEQA, staff recommends the adoption of these mitigation measures ( MMP No. 384) 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.
During the public review period, the property addressed as 1354 South Anaheim Boulevard was removed from the project, reducing the size and number of units. The reduced site plan , discussed above, would result in either unchanged or less impactful findings and conclusions compared to the analyses presented in the Draft IS/MND. Attachment 7b (Final IS/MND Section 3 ) includes a summary of the minor modifications to and clarifications on the Draft IS/MND for consistency with the reduced site plan. Pursuant to CEQA Guidelines Section 15073.5, recirculation of the Draft IS/MND prior to adoption is not required.
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 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 recommends approval of the proposed project.
Prepared by, Submitted by,
Ivan Orozco Scott Koehm, AICP
Associate Planner Principal Planner
Development Application No. 2021-00123, General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 October 10, 2022
Attachments:
1. Draft Planning Commission CEQA Resolution including MMP No. 384
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 Minor Conditional Use Permit Resolution
6. Draft City Council Tentative Tract Map Resolution
7. Initial Study/Mitigated Negative Declaration (IS/MND) a. Draft IS/MND Appendices
b. Final IS/MND including Comments, Response to Comments, and Errata c. Final IS/MND Appendices
8. Draft Housing Incentives Memorandum
9. Project Description
10. Project Plans
11. Aerial and Vicinity Maps