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: JANUARY 18, 2023
SUBJECT: DEVELOPMENT APPLICATION NO. 2021-00195
LOCATION: This property is located on north side of Orange Avenue , approximately 150 feet west of Brookhurst Street (2219 West Orange Avenue).
APPLICANT/PROPERTY OWNER: The applicant is Melia Homes, represented by Jeff Weber. The property owner is Faith Lutheran Church of Anaheim, represented by Michael Walsh.
REQUEST: The applicant requests approval of the following zoning entitlements:
1) A General Plan amendment to amend the land use designation on Lot 2 from Residential-Corridor to Low-Medium Density Residential;
2) A zoning reclassification on Lot 2 from the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone;
3) A conditional use permit (CUP) to allow for the construction of a 24- unit, attached single-family residential project with modified development standards , which would include th e following non- discretionary items: a five percent density bonus and Tier One development incentive for reduced interior lot line setbacks with three units affordable to moderate income households;
4) A tentative tract map to create two lots and permit a 24-unit subdivision for condominium purposes on Lot 2.
Development Application No. 2021-00195
January 18, 2023
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. 386 (MMP No. 386) determining that the IS/MND and MMP No. 386 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 a Reclassification , contingent upon and subject to the adoption by the City Council of a resolution approving the General Plan Amendment, Conditional Use Permit, and Tentative Tract Map No. 19192 (Attachment 3);
4) By motion, recommend that the City Council approve the attached draft resolution for a Conditional Use Permit (Attachment 4);
5) By motion, recommend that the City Council approve the attached draft resolution for Tentative Tract Map No. 19192 (Attachment 5); and,
BACKGROUND: This 2.4-acre property is located in the “T” Transition zone and is developed with a church, preschool, and daycare facility. The site is designated for Residential-Corridor land uses by the General Plan. Single- family residential and commercial retail land uses are adjacent to the property to the north; multiple-family and single-family residential, and commercial retail adjacent to the south across Orange Avenue; commercial retail adjacent to the east; and single- family residential adjacent to the west.
PROPOSAL: The applicant proposes to demolish the existing preschool and daycare buildings and subdivide the property into two parcels. Lot 1 would consist of the existing church building, and Lot 2 would consist of 24 new attached, single -family residences using the RM -3 zone development standards. The units would be in six, three-story buildings, consisting of two to four bedroom units with attached two-car garages. The units would contain between 1,606 and 1,979 square feet of living area. Vehicle access would be provided from a driveway on Orange Avenue with emergency access provided in the northwest corner of Lot 2. The development would include 55 parking spaces with 48 spaces in garages and seven open spaces. The church on Lot 1 would remain, and the parking lot would be restriped to accommodate revised circulation.
Development Application No. 2021-00195
January 18, 2023
Site Plan
Plan Type Number of Units Square Footage Bedrooms
Plan 1 6 1,606 2
Plan 2 6 1,734 3
Plan 3 6 1,797 4
Plan 4 6 1,979 4
Plan Type Matrix
The project would have a contemporary urban Spanish design and would incorporate a mix of building materials in neutral, muted colors. Decorative tiles, metal grilles and awnings, medallions shutters, and planter boxes would provide articulation. Rooftops would be finished in a Mediterranean-style concrete roof line. Overall, the building would include building offsets with articulated gable-style roofs to vary building massing.
Development Application No. 2021-00195
January 18, 2023
Rendering from Orange Avenue of Building Type A
Recreational-Leisure Area: A total of 8,621 square feet of common recreational area is proposed, and 8,400 square feet is required. The common area amenities would include shade structures, barbeques, tables and chairs, lawn areas, and fire pits. Private areas would include decks and ground floor patios at some of the units.
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 establishes the permitted densities for each land use designation. The applicant is requesting a General Plan amendment to redesignate a portion of the property (Lot 2) from the Residential- Corridor land use designation to the Low-Medium Density Residential land use designation.
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 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.
Development Application No. 2021-00195
January 18, 2023
The Land Use Element describes the Low-Medium Density Residential designation as providing for the development of a wide range of residential uses, including detached, small-lot single-family homes, attached single -family homes, patio homes, zero lot line homes, duplexes, townhouses, and mobile home parks. The permitted density range is from zero to 18 dwelling units per gross acre. The proposed project would have a density of 18.47 dwelling units per acre, achieved with a Density Bonus described below. The proposed amendment to the General 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.
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.
The project site is adjacent to, and across the street from, existing single- family and multiple - family residential land uses , which have Low and Low -Medium Density Residential land use designations. There are also commercial land uses adjacent to the site, and a community and religious assembly use on the site that would remain (Faith Lutheran Church) . Staff believes that the requested Low-Medium Density Residential land use designation would be compatible with and complementary to these surrounding land uses because the proposed amendment would maintain internal consistency of the General Plan by furthering the Goals identified above. Further, the project would not be detrimental to public interest, health, safety, 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 immediate vicinity of the project, as well as commercial and community and religious assembly uses; the project would maintain the balance of land uses within the City because the amendment would provide quality housing opportunities to address the City’s diverse housing needs and would be compatibl e with and complementary to the surrounding land uses; and the propert y is physically suitable to accommodate the proposed map 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.
Development Application No. 2021-00195
January 18, 2023
Reclassification: The property is zoned “T ” Transition. The project includes a proposed General Plan amendment for Lot 2 to Low-Medium Density Residential as described above, and the implementing zone for this General Plan designation would be “RM -3” Multiple-Family Residential. Accordingly, the applicant proposes to reclassify the portion of the property proposed for residential development (Lot 2), and staff supports this request because the proposed RM -3 zone would comply with and implement the proposed Low-Medium Density Residential land use designation.
Conditional Use Permit: With the proposed Reclassification, the project would be subject to the “RM-3” 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 to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Before the Planning Commission may recommend approval of the conditional use permit for a planned unit development, it must make a finding of fact that the 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 buildings 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 Modification: The applicant requests to modify the minimum required setbacks to 30- feet, where the Municipal 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. Setbacks for projects in the RM-3 zone may be modified in conjunction with a c onditional use permit when it is determined that the modifications achieve a good project design, privacy, livability, and compatibility with surrounding uses. The proposed project would provide reduced building- to- building setbacks of 30- feet at the narrowest point, and this is consistent with modifications granted previously to similar projects. The three -story primary building elevations would be separated by attractive landscaped paseos, common area landscape, or drive aisles for garages, and would have adequate separation and offset windows to ensure a quality living environment. The elevations would also be enhanced and articulated with quality design features. The proposed modification would help achieve a functional, pedestrian- friendly design and provide for a high- quality living environment.
Development Application No. 2021-00195
January 18, 2023
Interior Structural and Landscape Setback Modification: The applicant requests to modify the interior setbacks along the west property line adjacent to the religious assembly use (on the project site) and the north property line adjacent to the single-family residential properties. The applicant also requests to modify the interior landscape setback along portions of the west and north property lines. The Housing Incentives ordinance guarantees one Tier One incentive (which prescribes both interior structural and landscape setbacks) as described below.
For structural setbacks, the Code identifies 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 occurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms. Secondary building walls contain windows opening into bathrooms, closets, stairwells and corridors. Project buildings are proposed with three-story primary walls adjacent to the west property line. The walls would be setback a minimum of six feet where the Tier One incentive requires 15 feet. T hese buildings woul d be adjacen t to the religious assembly use which is setback approximately 70 feet from the proposed property line separating Lots 1 and 2, and there would be a six- foot decorative masonry wall on this property line. Therefore, staff believes the reduced setback would provide good design that is compatible with existing development and meets the intent of the interior setback requirement.
With the Tier One incentive, the Code requires a 10-foot landscape setback when adjacent to single-family land uses, and a five-foot setback for all other areas. The project would provide a five-foot setback for a portion of the setback area adjacent to the single -family residences to accommodate parallel parking spaces. The project would also provide a zero-setback for a 26-foot section of the west property line setback to accommodate a proposed gated emergency vehicle access. The project would include the required six-foot tall property line wall separating the project from the adjacent community and religious assembly and single-family residential land uses. There would also be landscaping provided between the parallel parking spaces and the masonry wall .
Therefore, staff believes the reduced interior setback would provide a design that is compatible with the adjacent uses.
Parking Requirements: The Municipal Code requires 54 parking spaces for the proposed project.
The project has been designed to provide 55 parking spaces in 48 garaged spaces and seven open spaces, thereby meeting the Code requirement with surplus of one . With the restriping of the church parking on Lot 1, 46 parking spaces would be provided. The applicant has provided a letter from Faith Lutheran Church (Attachment 8), indicating that observed peak parking demand is 31 parking spaces; therefore, adequate parking would be provided on Lot 1.
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 moderate income households as described previously. Accordingly, the applicant has executed a Memorandum of Understanding with City staff (Attachment 11), and the project would be conditioned to require the applicant to enter into a Housing Incentives Agreement with the City.
Housing Incentives and Density Bonus: With the proposed affordable units, the project qualifies for one guaranteed Tier One incentive, implemented as a reduced interior setback of 35 -feet adjacent to single-family residential zones, and 15 -feet adjacent to all other zones. The proposed project meets these setback requirements, except as specified above (interior structural and Development Application No. 2021-00195
January 18, 2023
landscape setback modifications). The proposed project meets the density permitted within the RM-3 zone, with the application of a five percent density bonus allowed per California Government Code Section 65915. The RM-3 zone permits a maximum of up to 18 dwelling units per gross acre (du/ac), and the proposed project is providing 10 percent of the 24 units for moderate income households (three 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 18.9 du/ac, and
18.47 du/ac is proposed.
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 design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low-Medium Density Residential" land use designation proposed as part of General Plan Amendment, now pending. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19192, including their design and improvements, is consistent with the zoning and development standards of the "RM-3" Multiple-Family Residential Zone proposed as part of the Reclassification, now pending, with the e xception of the reduced setback being proposed in conjunction with the conditional use permit. 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. 19192, 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. 19192 or the type of improvements is not likely to cause serious public health problems.
6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19192, 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 two-lot condominium subdivision for the 24 “airspace” condominium units on Lot 2. All common areas, including driveways, recreational areas, paseos and sidewalks would be owned and maintained by the homeowner’s association. The proposed density of 18.5 dwelling units per ac re is permitted under the Medium Density Residential land use designation, which allows up to 18 dwelling units per acre, plus the additional five percent Density Bonus as described previously. 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.
Development Application No. 2021-00195
January 18, 2023
Community Outreach: The applicant provided mailed notices to the seven adjacent single -family residences and received no responses. The applicant provided a summary of the outreach, 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 impacts of the proposed project and to identify necessary mitigation pursuant to the requirements of the California Environmental Qua lity Act (CEQA). On December 15, 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 digitally with the Office of Planning and Research’s CEQAnet database. Staff prepared a joint Notice of Intent (NOI) to adopt the IS/MND and Notice of 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 in addition to publication in The Anaheim Bulletin. The City received no comment letters during the comment period.
Mitigation measures have been identified in the IS/MND to mitigate project impacts to cultural resources, geology and soils, and tribal cultural resources. Pursuant to the requirements of CEQA, staff recommends the adoption of these mitigation measures (MMP No. 386) 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 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 and would provide three new affordable housing units. Staff recommends approval of the proposed request.
Prepared by, Submitted by,
Nick Taylor, AICP Scott Koehm , AICP
Senior Planner Principal Planner
Attachments:
1. Draft Planning Commission 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. Initial Study/Mitigated Negative Declaration
7. Project Description
8. Letter, Faith Lutheran Church
9. Project Plans
10. Applicant Community Outreach Summary
Development Application No. 2021-00195
January 18, 2023
11. Density Bonus Memorandum of Understanding
12. Aerial and Vicinity Maps