Staff Report
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: APRIL 24, 2023
SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00039
LOCATION: 308 West Vermont Avenue
APPLICANT/PROPERTY OWNER: The applicant is Scott Ayres of Beacon
Management Solutions and property owner is Jose L. Rodriguez.
REQUEST: The applicant requests approval of a variance to reduce required interior
property line building setbacks from 20 feet to four feet, reduce interior property line
landscape setbacks from five feet to four feet, and a variance from the required
common recreational-leisure space area in conjunction with a proposed four-unit
apartment building.
RECOMMENDATION: Staff recommends that the Planning Commission find and
determine that a Class 3 (New Construction or Conversion of Small Structures)
Categorical Exemption under the California Environmental Quality Act (CEQA)
(Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15303 and
15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14,
Chapter 3, Sections 15000-15387) is the appropriate environmental documentation for
this request; and adopt the attached resolution approving Development Application
No. 2022-00039.
BACKGROUND: The subject 7,576 square foot property is currently developed with
a one-story single-family residence originally constructed in 1946 and a detached
garage constructed in 1963. The property is in the “T” Transition Zone and is
designated for Medium Density Residential land uses by the General Plan. The project
site is surrounded by single family residential uses to the north across Vermont
Avenue, and multi-family residential uses to the south, east, and west.
This item was continued from the Planning Commission meeting of April 10, 2023 to
allow time for public notice of the required variance for common recreational-leisure
space as described in this report.
DEVELOPMENT APPLICAT ION NO. 2022-00039
April 24, 2023
Page 2 of 6
PROPOSAL: The applicant proposes to demolish the existing single-family residence and garage
and construct a three-story, four-unit apartment building with covered surface parking using the
RM-4 development standards.
The proposed apartment building consists of four 1,206 square foot two-bedroom/two-bathroom
units with 231 square foot decks. Nine parking spaces are proposed on the ground level with two
units each located above on the second and third floors. Vehicle ingress and egress would be
provided from Vermont Avenue via a 24-foot-wide driveway. Landscaping is included in the street
and interior property line setback areas. A 15-foot wide landscape setback is proposed along
Vermont Avenue, and a four-foot wide landscape setback is proposed in the sideyards between the
property line and the building. The building architecture can be characterized as
Spanish/Mediterranean with mission style red tile roofing material, off-white stucco finishes, wood
trim windows and doors, ceramic tile accents and varied roof lines and building planes to provide
articulation.
SITE PLAN
DEVELOPMENT APPLICAT ION NO. 2022-00039
April 24, 2023
Page 3 of 6
BUILDING RENDERINGS
The proposed project meets the RM-4 development standards except for the variance request for
interior property line building, landscape setbacks, and common open space area as outlined in the
table below.
DEVELOPMENT APPLICAT ION NO. 2022-00039
April 24, 2023
Page 4 of 6
Development
Standard
RM-4 Zone Standards Proposed
Density Up to 36 du/ac (General Plan Medium
Density)
6 units permitted
23.5 du/ac
4 Units
Min. Lot Area 4,800 square feet 7,576 square feet
Min. Lot Width 70 feet 54 feet (existing legal nonconforming)
Max. Building
Height
40 feet
34 feet
Min. Floor Area Two-bedroom – 825 square feet Two-bedroom
1,192 square feet
Max. Site
Coverage
55% 38%
Street/Front
Setback
15 feet 20 ft. to Vermont Ave.
Interior Property
Line Setback
(Building)
(East) 3-story primary 20 ft
(West) 3-story primary 20 ft
(South) 15 ft
(East) 3-story primary 4 ft (Variance Required)
(West) 3-story primary 4 ft (Variance Required)
(South) 20 ft
Interior Property
Line Setback
(Landscape)
(East/West) 5 ft
(South) 0 ft
(East/West) 4 ft (Variance Required)
(South) 1 ft
Recreation-
Leisure Area
200 sf per dwelling unit
w/ min. 10% common area
800 sf required w/ min. 80 sf common area
924 sf provided (231 sf deck per dwelling unit)
0 sf common area (Variance Required)
Storage Space 100 cubic ft per dwelling unit 100 cubic ft provided above parking space
Parking 2.25 spaces per unit = 9 total 9 spaces provided
FINDINGS AND ANALYSIS:
The subject property is in the “T” Transitional Zone and surrounded by RM-4 zoned properties.
However, a change of zone is not required for the proposed project pursuant to Government Code
65905.5(c)(2) from State Senate Bill 330 (Housing Crisis Act of 2019), which states: “a proposed
housing development is not inconsistent with the applicable zoning standards and criteria, and
shall not require a rezoning, if the housing development is consistent with the objective general
plan standards and criteria, but the zoning for the project site is inconsistent with the general plan.”
The Medium Density General Plan designation is implemented by the RM-4 zone and its
applicable development standards. The proposed project is using the RM-4 development
standards. The RM-4 zone permits a multi-family residential use “by-right”; however, due to the
required setback and common recreational-leisure space variances, the proposed project requires
Planning Commission approval.
Variance: The Planning Commission may grant the requested variances upon a finding that the
evidence presented shows that all of the following conditions exist:
DEVELOPMENT APPLICAT ION NO. 2022-00039
April 24, 2023
Page 5 of 6
1) That there are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings, which do not apply to other property under
identical zoning classification in the vicinity;
2) That, because of special circumstances shown above, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity.
The applicant requests a variance to reduce required interior property line building setbacks from
20 feet to four feet; and reduce interior property line landscape setbacks from five feet to four feet
in the sideyards. In addition, the applicant requests a variance to waive the required 80 square feet
of common recreational-leisure area.
There are special circumstances related to the property that limit the ability to provide the required
setbacks. Specifically, the lot has a legal nonconforming width at 52 feet (70 feet required), which
limits the development potential of the property. The minimum Code-required 18-foot parking
space depth and 24-foot drive aisle width reduce the available area for interior setbacks to four feet
on each side at the ground-level of the site. In addition, the narrow lot width limits the building
envelope and the ability to comply with required setbacks. The existing single-family structure
only has a two-foot side yard setback, and existing multi-family buildings on the south side of
Vermont Avenue to the east and west of the subject site have similar five foot and less interior
property line setbacks.
The special circumstances related to the property outlined above also limit the ability to provide
the required 80 square feet of common recreational-leisure area. The Zoning Code prohibits
common recreational-leisure areas in required street setback or landscape setback areas,
driveways, parking areas, storage areas, or utility areas. Due to the narrow lot width and the
reduced building setbacks, there is not any area within the project site to provide the Code required
80 square feet of common recreational-leisure area. The project does provide a total of 924 square
feet of private recreational-leisure area (231 square foot decks for each unit) which is
approximately 15% more than the Code-required 800 square feet. Existing multi-family buildings
on the south side of Vermont Avenue to the east and west of the subject site do not provide common
recreational-leisure area due to similar reduced building setbacks and site constraints.
Because of these special circumstances, strict application of the Zoning Code would deprive this
property of privileges enjoyed by other property under identical zoning classification in the
vicinity. For these reasons, staff supports the reduced interior building and landscape setbacks and
the waiver of the required common recreational-leisure area and recommends approval of the
variance requests.
Environmental Impact Analysis: Staff recommends that the Planning Commission find that the
effects of the proposed project are Categorically Exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 3
exemption consists of construction and location of limited numbers of new, small facilities or
structures, including multi-family residential structures with up to four dwelling units in urbanized
areas. Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of Regulations,
DEVELOPMENT APPLICAT ION NO. 2022-00039
April 24, 2023
Page 6 of 6
there are no unusual circumstances in respect to the proposed project for which staff would anticipate
a significant effect on the environment and, therefore, the proposed project would be categorically
exempt from the provisions of CEQA.
CONCLUSION: Staff believes that the project 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 request.
Prepared by, Submitted by,
Thomas Gorham Scott Koehm, AICP
Contract Planner Principal Planner
Attachments:
1. Draft Variance Resolution
2. Project Plans
3. Project Variance Justification
4. Common Open Space Variance Request
5. Aerial and Vicinity Maps