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Staff Report 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 4, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00033 LOCATION: This property is located at the southwest corner of Lincoln Avenue and Laxore Street (2952-2960 West Lincoln Avenue). APPLICANT/PROPERTY OWNER: The applicant is Alan Toffoli of Toffoli Investments/Landsea Homes, and the property owner is Rob Mitchell of Greenlaw Partners, Inc. REQUEST: The applicant requests approval of the following zoning entitlements: 1) A final site plan, conditional use permit (CUP), and an administrative adjustment for a single-family attached residential development consisting of 44 units with landscape setbacks less than required by the Zoning Code with 10-percent of the units affordable to moderate income buyers; 2) A tentative tract map for a one-lot subdivision to include one lot with 44 “airspace” condominium units; and 3) A conditional use permit to permit a telecommunications antenna that exceeds the maximum height allowed by the Zoning Code. AUTHORITY: Section 18.122.050 (Uses) and Subsection 18.122.020.070 (Development Review and Permits) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1); Paragraph 18.62.040.020.0201 (Administrative Adjustments) of Chapter 18.62 (Administrative Reviews); Section 17.08.100 (Advisory Agency Duties) of Chapter 17.08 (Subdivisions); and Paragraph 18.38.060.050.0511 (Antennas – telecommunications) of Chapter 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code (“Code”). Development Application No. 2023-00033 December 4, 2023 Page 2 of 12 RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that Environmental Impact Report No. 350, prepared for the Beach Boulevard Specific Plan, adequately analyzed the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162; and that a Class 3 – New Constriction 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 the proposed telecommunications antenna, and approving a final site plan, CUPs, administrative adjustment, and Tentative Tract Map No. 19286 (Development Application No. 2023-00033). BACKGROUND: In 2001, the former Anaheim Redevelopment Agency commenced the acquisition of properties adjacent to the project site with the purchase of the former Silver Moon Motel north of the West Anaheim Youth Center. Upon the dissolution of the Anaheim Redevelopment Agency, the property was transferred to the Anaheim Housing Authority. In 2019, the Anaheim Housing Authority acquired the adjacent Americana Motel, former car wash, gas station, and former restaurant on the site. Additionally in 2019, Greenlaw Partners, Inc. entered into escrow to purchase the project site on the southwest corner of Lincoln Avenue and Laxore Street. To allow for a large, integrated development of both sites, the Governing Board of the Anaheim Housing Authority approved an Exclusive Negotiation Agreement on April 21, 2020, with Greenlaw Partners, Inc. to allow the parties the opportunity to negotiate the development of a mixed-use, mixed-income project. The 7.27-acre project was approved by the Planning Commission in 2021; however, that project is no longer moving forward and Greenlaw Partners has proposed a townhome development on its 1.68-acre property, similar to the recently constructed 39 Commons project (now known as Nolin) on the north side of Lincoln Avenue. This 1.68-acre property is designated for Mixed-Use High land uses in the General Plan and is within the Mixed-Use High (MU-H) Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zone (BBSP). Surrounding uses include vacant property and a service station with a convenience store to the west; the 39 Commons townhome project across Lincoln Avenue to the north; commercial uses across Laxore Street to the east; and multiple-family residential uses across the public alley to the south. There is an existing 60-foot tall monopole telecommunications antenna on the property located near the west property line. PROPOSAL: The applicant proposes to construct 44 townhomes, with ten percent of the residences affordable to moderate income buyers, and an administrative adjustment to allow a 15- percent landscape setback reduction. The townhomes are proposed in a series of 4-plex to 8-plex townhome buildings that would be approximately 40 feet in height and three stories tall. Townhome amenities include a neighborhood park with activity lawn, picnic tables, and a trellis. The project would provide vehicular ingress and egress from Laxore Street on the east side of the site. The applicant also proposes to remove the existing monopole telecommunications antenna and construct a new 70-foot tall ground-mounted monopine antenna. Development Application No. 2023-00033 December 4, 2023 Page 3 of 12 Site Plan Recreational-Leisure Area: A total of 10,109 square feet of recreational area is proposed for the townhomes in a combination of common area and private balconies and patios, where 8,800 square feet is required. Common area amenities would include those described in the previous paragraph. Architecture: The architectural design is modern with a mix of stucco, siding, decorative metal railings and stone accents. Low pitched hip roofs would create a pedestrian scale to the buildings. The colors would be a blend of modern earth tones which would cohesively tie the townhome buildings together. Development Application No. 2023-00033 December 4, 2023 Page 4 of 12 Lincoln Avenue Perspective FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested entitlement action: Conditional Use Permit: The project is subject to the Mixed-Use High (MU-H) Development Area development standards of the BBSP. In this zone, single-family attached residences not part of a mixed-use project are subject to CUP approval. Before the Planning Commission may approve the CUP, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this Code. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the Mixed-Use High (MU-H) Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards under subsection .010 of Section 18.122.050 (Uses) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of the Code, subject to a conditional use permit for single-family attached residential uses not part of a mixed-use project. 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The proposed use would be a high-quality residential use with affordable units and would be compatible with, and complementary to, surrounding residential and commercial uses. 3) That the size and shape of the site proposed for the use is adequate to allow th e full development of the proposed use, in a manner not detrimental to either the particular area or health and safety. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area because the Project will include Code compliant parking and recreational areas, and will also include three-story buildings that will be adequately setback from the vacant property to the west, to create massing that is compatible with surrounding neighborhoods. Development Application No. 2023-00033 December 4, 2023 Page 5 of 12 4) That 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. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways because they are designed to carry the traffic in the area as demonstrated in the Trip Generation and Vehicle Miles Traveled (VMT) Assessment (included with Attachment No. 4). In addition, fire truck and emergency service access were deemed adequate by the Anaheim Fire and Rescue, and sanitation service was deemed adequate by the Public Works Streets - Operations Division. Based on the above data, the traffic generated by the proposed uses would not impose an undue burden on streets and highways in the area. 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project implements the Beach Boulevard Specific Plan, a focused and comprehensive effort to reactivate the corridor. Conditions of approval are included to ensure that the residential use would be properly maintained and remain compatible with the uses in the surrounding area. The project complies with the development standards of the MU-H Development Area except for landscape setbacks (administrative adjustment discussed below). Staff supports the CUP because the land use is consistent with the BBSP, which permits attached, sin gle-family residences in the MU-H Development Area, where the intent is to allow a mix of uses, including residential, commercial, services, hospitality, and professional office uses, in a high -quality environment, where typical residential uses could include stacked flats, live-work units, townhouses, and lofts, up to 60 dwelling units per acre. This project would emphasize quality and offer a variety of amenities, consistent with the BBSP. This residential project would complement the surrounding residential and commercial uses. Final Site Plan: Projects are subject to final site plan approval in the BBSP. Before the Planning Commission may approve the final site plan, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The design and layout of the proposed development are consistent with the General Plan, any applicable specific plan, the development standards of the applicable zoning district, and any special area guidelines or policies. The design and layout of the proposed development are consistent with the General Plan and the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1), because the Proposed Project will provide for the development of a quality multiple-family living environment with design amenities, such as private open space and common recreation areas. The permitted density range under the Mixed-Use High Density Residential designation is from zero to 60 dwelling units per gross acre, and the Proposed Project will have a density of 26.2 dwelling units per acre. The project complies with the development standards of the Development Application No. 2023-00033 December 4, 2023 Page 6 of 12 MU-H Development Area of the Beach Boulevard Specific Plan with the exception of landscape setbacks (administrative adjustment discussed below). 2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic or pedestrian hazards. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards because the Project will include Code compliant parking and recreational areas, sufficient building setbacks from the adjacent vacant property to the west, and new pedestrian paths throughout the neighborhood, and the streets and highways are designed and will be improved to carry the traffic in the area. 3) The architectural design of the proposed development is compatible with the char acter of the surrounding neighborhood. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood because the proposed project will comply with the design standards and guidelines of the Beach Boulevard Specific Plan, and the Proposed Project will also include three story buildings designed similar to the recently constructed project across Lincoln Avenue (Nolin I) to the north that will be adequately setback from the multiple-family the adjacent vacant property to create massing that is compatible with surrounding neighborhoods. 4) The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors, through the appropriate use of materials , texture, and color, and will remain aesthetically appealing and be appropriately maintained. The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors, through the appropriate use of materials, texture, and color, and will remain aesthetically appealing and be appropriately maintained because the project will comply with design standards and guidelines of the Beach Boulevard Specific Plan. 5) The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity because the Proposed Project implements the Beach Boulevard Specific Plan, a focused and comprehensive effort to reactivate the corridor. Conditions of approval are included to ensure that the residential use would be properly maintained and remain compatible with the uses in the surrounding area. Staff believes the project complies with all aspects of the BBSP, including applicable development standards and guidelines except for a landscape setback adjustment discussed below. Staff believes the project would provide townhome units with high-quality materials and attractive design that would be complementary to the surrounding neighborhood. Further, the design Development Application No. 2023-00033 December 4, 2023 Page 7 of 12 incorporates aesthetically pleasing common area amenities that would provide a desirable and functional environment; therefore, staff recommends approval of the Final Site Plan. Administrative Adjustment: Administrative adjustments are waivers of certain development standards, including setback requirements, and can be approved by the Planning and Building Director. When an administrative adjustment application is made in conjunction with a project that requires Planning Commission action, all requests are subject to review and approval by the Planning Commission. The applicant requests an administrative adjustment to allow for front and interior landscape setbacks less than required by the Code. The applicant requests a 15% (or 1.5 feet) reduction for the front setback along Lincoln Avenue where a 10-foot landscape is required, and a 10% (or one foot) reduction for the setbacks along the south property line adjacent to the public alley where a 10-foot landscape setback is required. To recommend approval of an administrative adjustment, the Planning Commission must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The adjustment is consistent with the purposes and intent of the Code. The Code permits a deviation of up to 20 percent for front setbacks and 10 percent for other setbacks. The applicant is requesting a 15% reduction on Lincoln Avenue (providing an 8.5 foot landscape setback) and a 10% reduction on alley (providing a 9 foot setback). There will be adequate separation from the adjacent land uses and there will be comparable setbacks to properties within the vicinity and will include installation of enhanced landscape improvements. The proposed project would comply with all other development standards of the BBSP. 2) The same or similar result cannot be achieved by using provisions in the Code that do not require the adjustment. The small lot size with three street frontages results in a minimal amount of buildable area on the lot, as the project is significantly less dense than allowed by the General Plan. 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The proposed residential use is a compatible use in the area and similar structural setbacks currently exist for nearby multiple-family residential properties. Furthermore, the proposed setback reduction to accommodate on-site circulation required for vehicular back-up area at garages located on dead-end drive aisles would not be out of character with existing and future development patterns in the BBSP. The proposal does not include any structural setback reductions and would occur at two locations only (one on the Lincoln Avenue frontage and one on the southerly alley frontage). The applicant would provide enhanced landscape improvements at the end of the drive aisles to include a 36-inch cable rail fence with a hedge for screening. Development Application No. 2023-00033 December 4, 2023 Page 8 of 12 Administrative Adjustment Landscape Setback Reductions Affordable Housing: The City Council has adopted a policy emphasizing the importance of affordable housing, and the developer has proposed five for-sale townhome units that would be affordable to moderate-income buyers. 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. Per State law, this project qualifies as an affordable housing development; therefore, Code Chapter 18.52.100 (Parking Ratios) applies, and reduced parking ratios may be implemented. The parking requirements for this affordable development are as follows: Bedrooms (# of Units) Parking Ratio (Parking Space per Unit) Spaces Required 1-bed (2) 1 2 2-bed (14) 1.5 21 3-bed (14) 1.5 21 4-bed (14) 2.5 35 Total Required 79 Total Provided 87 The townhomes would provide 86 garage spaces and one open space for a total of 87 spaces, which is eight more than required by the Housing Incentives Ordinance. Development Application No. 2023-00033 December 4, 2023 Page 9 of 12 Tentative Tract Map: Before the Planning Commission may approve 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 map is consistent with the General Plan and applicable speci fic plan. 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 "Mixed-Use High" land use designation. 2) That the design or improvement of the proposed subdivision is consistent with the General Plan and applicable specific plan. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19286, including its design and improvements, is consistent with the zoning and development standards of the "MU-H" Mixed-Use High Development Area of the BBSP, except for the administrative adjustment for reduced setbacks that would occur at two locations where enhanced landscape improvements to screen the end of the encroaching drive aisles are provided. 3) That the site is physically suitable for the type of development. That the site is physically suitable for the single-family attached residential land use because the Proposed Project is consistent with the General Plan Land Use designation and zoning and development standards of the "MU-H" Mixed-Use High Development Area of the BBSP, with the exception of the administrative adjustment for reduced setbacks that would occur at two locations where enhanced landscape improvements to screen the end of the encroaching drive aisles are provided.. 4) That the site is physically suitable for the proposed density of development. The site is physically suitable for the proposed density of the development because it is 26.2 dwelling units/acre where the General Plan allows up to 60 dwelling units/acre. 5) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19286, 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, because the Draft EIR No. 350 determined that there will be no significant impacts to the environment as a result of the Proposed Project. 6) That the design of the subdivision or type of improvements are not likely to cause serious public health problems. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19286 or the type of improvements implements the Beach Boulevard Specific Plan, a focused and comprehensive effort to reactivate the corridor. Conditions of approval Development Application No. 2023-00033 December 4, 2023 Page 10 of 12 are included to ensure that the residential use would be properly maintained and remain compatible with the uses in the surrounding area. 7) That the design of the subdivision 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. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19286, includes an easement for road, public utility and other public purposes along Lincoln Avenue and an easement for emergency and solid waste collection service purposes, including ingress and egress rights for access purposes. Both easements are dedicated to the City of Anaheim. There are no existing easements which are in conflict with the proposed improvements. A tentative tract map is proposed to create a one-lot subdivision which would include the 44 “airspace” condominium units. The proposed density of 26.2 dwelling units per acre would be permitted in the Mixed-Use High land use designation, which allows up to 60 dwelling units per acre. The project would comply with applicable development standards (except administrative adjustment request for reduced landscape setbacks, discussed previously), would not cause any environmental impacts as analyzed in the previously certified Environmental Impact Report (discussed below), would not create any public health impacts, and would not conflict with easements acquired by the public. The project complies with all subdivision requirements and staff recommends approval of the tentative tract map request. Conditional Use Permit (Cellular Antenna): The project is subject to the Mixed-Use High (MU- H) Development Area development standards of the BBSP. In this specific plan area, telecommunications antennas that exceed the maximum height of 55 feet are subject to approval of a CUP. Before the Planning Commission may approve the CUP for the proposed 70-foot tall monopine telecommunications antenna it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) Review alternative shall be provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives. The proposed monopine would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives considered, including other species of faux trees, because the monopine best screens the antenna. 2) Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility. The 55-feet maximum height allowed would not be sufficient to achieve the needed coverage for existing and future development and the respective users of the antenna. The proposed monopine replaces the existing 60-foot tall monopole telecommunications antenna. As explained in the Telecommunications Antenna Plans and Justification (Attachment 10), the increased height is required due to the heights of the proposed Development Application No. 2023-00033 December 4, 2023 Page 11 of 12 buildings that will be adjacent to the proposed site and providing the minimum separation requirements between collocated antennas. 3) Any negative impacts of the proposed facility are properly mitigated. Any negative impacts of the proposed facility are properly mitigated because the project includes faux foliage to screen the antenna, and large specimen trees will be planted in close proximity to the proposed monopine, which will adequately blend in with surrounding environment and would be compliant with the Code. The proposed monopine would comply with the development standards for ground-mounted telecommunication antennas. Specifically, it would not be located within any street setback, and it would be designed to blend in with the surrounding environment with the planting of large specimen trees in close proximity to the monopine. The Code requires a minimum of three trees of 36-inch box size or greater, and the applicant proposes 10 36-inch box trees to be planted near the monopine and along the western property line. Other faux tree species were considered, including broadleaf species and palms; however, the monopine was selected by the applicant because of its ability to create the best stealth antenna design. Staff believes with the inclusion of the large trees planted in the immediate vicinity, the proposed monopine would meet Code requirements and would adequately blend in with the surrounding environment, and any negative impacts would be sufficiently minimized. West Elevation of Proposed Monopine Environmental Impact Analysis: Staff recommends that the Planning Commission determine that the previously-certified Environmental Impact Report (EIR) No. 350, prepared for the Beach Boulevard Specific Plan (BBSP), adequately analyzed the proposed residential development project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168 (Program EIR). In 2018, the City Council certified EIR No. 350 in conjunction with its approval of the BBSP. The proposed project would implement the BBSP MU-H Development Area development standards for an allowed density and land use. The attached Initial Study Checklist (Attachment 4) was prepared pursuant to Section 15162, as required by Section 15168, confirming that EIR No. 350 adequately analyzed the proposed residential development project, and that no further environmental review is required. The draft resolutions for the proposed project include all applicable mitigation measures from EIR No. 350 as conditions of approval. Development Application No. 2023-00033 December 4, 2023 Page 12 of 12 The proposed telecommunications antenna qualifies for 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). The Class 3 Exemption consists of construction and location of limited numbers of new, small facilities or structures. The project proposes the construction of a single telecommunications antenna. Pursuant to Section 15300.2 (c) and Section 15303 of Title 14 of the California Code of Regulations there are no unusual circumstances in respect to the 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 has carefully considered the proposed project and believes that it is compatible with surrounding land uses and designed in a manner to provide a quality living environment for its future residents and valuable retail uses for the surrounding community. 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, would provide affordable housing in furtherance of the City’s Housing Element, and is consistent with the City Council’s policy identifying affordable housing as a priority. Prepared by, Submitted by, Nick Taylor, AICP Scott Koehm, AICP Senior Planner Principal Planner Attachments: 1. Draft Final Site Plan, Conditional Use Permit, and Administrative Adjustment Resolution 2. Draft Tentative Tract Map Resolution 3. Draft Conditional Use Permit Resolution (Telecommunications Antenna) 4. Initial Study Checklist 5. Letter of Request 6. CUP Justification Letter 7. Administrative Adjustment Justification Letter 8. Density Bonus Memorandum of Understanding 9. Project Plans 10. Telecommunications Antenna Plans and Justification 11. Aerial and Vicinity Maps