July 22, 2024
Thomas Gorham, Contract Planner
City of Anaheim, Planning & Building
200 South Anaheim Blvd, Suite 162
Anaheim, CA 92805
Andy Nogal, Deputy Director
City of Anaheim, Housing Development
201 South Anaheim Blvd, Suite 1003
Anaheim, CA 92805
RE: DENSITY BONUS LAW WAIVER REQUEST
DEVELOPMENT APPLICATION NO. 2023-00042 (DEV2023-00042)
275 AND 375 E. SANTA ANA STREET
(APN’S: 037-024-11, 037-111-29; AND 037-111-3
Dear Mr. Gorham,
MLC Holdings seeks to develop 56 for-sale townhomes on the 2.05 Acre property located at 275 and 375 E. Santa Ana Street. The proposed density is 27.3 du/ac. As such, the project intends to amend the General Plan land use designation from Low Medium Density (10-18 du/ac) to Residential Mid Density (0-27 du/ac). The zoning for the property is currently Industrial with a Residential Development Overlay.
Pursuant to the requirements of the Overlay, Parcels designated as Medium Density Residential in the General Plan Land Use Element shall be subject to the (RM-4) Multiple-Family zoning designation.
The project will include six (6) affordable units (10%), priced for households with moderate income levels. State Density Bonus Law (California Government Code Section 65915-65918) provides qualifying projects to take advantage of various tools to maximize density and offset the cost of providing affordable housing on-site. Qualifying projects include those that include at least 10% of housing units restricted to lower income residents.
Density Bonus and Incentives
The primary benefit of State Density bonus law allows projects to exceed the maximum development potential of the site. Projects providing 10% moderate income units are entitled up to a 5% density bonus. The project seeks a slight increase in the allowable density from 27 to 27.3 du/ac (a 0.1% bonus), well within the allowable bonus density.
Setback Waivers
Qualifying projects are also permitted a specified number of incentives, i.e., concessions, and unlimited waivers based on the level of affordability.
Incentives/Concessions are defined as a reduction in site development standards that result in identifiable and actual cost reductions. No Incentives/Concessions are requested.
Waivers refer to reductions in development standards that physically prevent the project from being built at the permitted density. To physically accommodate the number of units proposed by the project, waivers are requested to reduce the minimum street setback from 15 feet as listed in Table 1 below.
Without these waivers, the project would be required to lose eight (8) units and would not be able to achieve the minimum open space required.
Table 1: Proposed Waiver to R-4 Zoning Standards
Street Required
Minimum Setback
Proposed
Minimum Setback
Santa Ana Street
15 feet
7 feet to the building
6 feet to the porch
Claudina Street 13’ feet
4 feet to low patio wall/fence
Philadelphia Street 11 feet
4 feet to low patio wall/fence
Olive Street 11 feet
4 feet to low patio wall/fence
Alley 5 feet to the building
3 feet utility cabinet
Setback reductions along East Santa Ana Street and the Alley are neccesary to accommodate the width of garages on the ground floor of the buildings. Setback reductions on Claudina, Philadelphia, and Olive Streets are necessary to allow tandem garage depths and adequate area between buildings to meet the minimum open space requirement of 200 SF per unit.
Based upon the project setting within an urban area and its proximity to the Packing House, this reduced setback will reinforce the urban style of streetscape without negatively impacting the neighborhood.
Furthermore, these reduced setbacks are compatible with the existing commercial setbacks at the adjacent Packing House and the residential setbacks at Colony Park, which are located immediately to the west and kitty-corner to the east of the project respectively.
Maximum Parking Standards
Pursuant to California Government Code Section 65915(p)(1), “…a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the [qualifying project criteria], that exceeds the following ratios:
(A) Zero to one bedroom: On onsite parking space
(B) Two to three bedrooms: one and one-half onsite parking spaces (C) Four and more bedrooms: two and one-half parking spaces” According to this requirement, the project is only required to provide 84 parking spaces. Recognizing that parking is constrained in the area, the project proposes to exceed this maximum parking standard by providing 112 garage spaces (2 per unit) plus 18 guest spaces (located along the rear alley).
MLC Holdings believes that the requested waivers and reduced parking achieve a reasonable balance between urban design and attaining the densities allowed for the project site. Should you have questions or concerns, please feel free to contact me at (949) 299-3847 or [email protected].
Kind Regards,
Johanna Crooker, AICP
MLC Holdings, Inc. | Meritage Homes
Vice President, Forward Planning and Entitlements, Southern California 5 Peters Canyon Road | Irvine, CA 92606