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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: FEBRUARY 28, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: REQUEST FOR APPROVAL OF PROJECT ENTITLEMENTS
FOR A 24 UNIT TOWNHOME DEVELOPMENT AT 2219
WEST ORANGE AVENUE (DEVELOPMENT APPLICATION
NO. 2021-00195)
ATTACHMENT (Y/N): YES ITEM #27
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by separate Resolutions, take the following actions related to the approval of a residential project located at 2219 West Orange Avenue:
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 Program No. 386, will have a less than significant impact on the environment;
2) Approve a General Plan Amendment to amend the land use designation from Corridor-Residential to Low-Medium Density Residential; 3) Approve a Conditional Use Permit to allow for the construction of a residential development consisting of 24 residential units (townhomes) with modified development standards, which would include the 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; and
4) Approve Tentative Tract Map No. 19192 to create two lots and permit a 24- unit subdivision for condominium purposes on Lot 2.
That the City Council, by Motion:
1) Introduce an Ordinance reclassifying proposed Lot 2 of the tentative tract map from “T” Transition zone to “RM-3” Multiple-Family Residential zone.
Townhome Development at 2219 West Orange Avenue (Development Application 2021-00195) February 28, 2023
DISCUSSION:
On January 18, 2023, the Planning Commission recommended City Council approval of the above-listed actions by a 5-0 vote. A copy of the Planning Commission staff report, which includes additional project details and the meeting minutes, are included as Attachment Nos. 14 and 15 to this report, respectively.
This 2.4-acre property is located in the “T” Transition zone and is designated for “Corridor- Residential” 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. The site is developed with a church, preschool, and daycare facility.
The proposed project would 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 be a residential development consisting of 24 townhome units. The units would be in six three-story buildings, each ranging between 1,606 square feet and 1,979 square feet with attached two-car garages.
The proposed project would include a total of 55 parking spaces provided in 48 garage spaces and seven open spaces. The project meets the City’s parking standards. Vehicular ingress and egress would be provided by a driveway on Orange Avenue with gated emergency access provided in the northwest corner of Lot 2. The church on Lot 1 would remain, and the parking lot would be restriped to accommodate revised circulation.
A total of 8,621 square feet of recreational area would be provided. The zoning code requires a total recreational area of 8,400 square feet. The recreational areas 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.
Townhome Development at 2219 West Orange Avenue (Development Application 2021-00195) February 28, 2023
Site Plan
General Plan Amendment
The applicant is requesting a General Plan amendment to redesignate a portion of the property (Lot 2) from the Corridor-Residential land use designation to Low-Medium Density Residential.
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 as described below. 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.
Townhome Development at 2219 West Orange Avenue (Development Application 2021-00195) February 28, 2023
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 Low-Medium Density Residential General Plan designation is the “RM-3” (Multiple-Family Residential) zone. Accordingly, the applicant proposes to reclassify Lot 2 from the “T” Transition zone to the “RM-3” zone.
Conditional Use Permit
A conditional use permit is required for the construction of single-family attached units in the RM-3 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 zone with the exception of the on-site building-to-building setback (1), and interior setback requirements (2), as described below:
1. The applicant requests to modify the minimum required building-to-building setback to 30-feet 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 six-feet and zero-feet where the Code requires 15-feet and 10-feet, respectively.
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 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 14).
Tentative Tract Map
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 project complies with all subdivision requirements.
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 previously described. Accordingly, the applicant has executed a Memorandum of Understanding with City staff (Attachment 12), 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 Townhome Development at 2219 West Orange Avenue (Development Application 2021-00195) February 28, 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.
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 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 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 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 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:
The Planning Commission 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. For these reasons, the Planning Commission has recommended that City Council approve 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
Townhome Development at 2219 West Orange Avenue (Development Application 2021-00195) February 28, 2023
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. Planning Commission Resolutions
7. Initial Study/Mitigated Negative Declaration
8. Project Description
9. Project Plans
10. Faith Lutheran Church Letter
11. Applicant Outreach Summary
12. Density Bonus Memorandum of Understanding
13. Aerial and Vicinity Maps
14. January 18, 2023, Planning Commission Staff Report (without attachments)
15. January 18, 2023, Planning Commission Draft Minutes