Westminster City Council
SUBJECT
Title
Case No. 2023-0646. City Council Review of the Planning Commission’s Recommendation to Approve - Case No. 2023-0646 - Request for a Conditional Use Permit, Development Review, and Affordable Housing Density Bonus for the Development of 54 Multi-Family Units, Including 53 Lower-Income Senior Housing Rental Units Located at 13800, 13802 & 13812 Milton Avenue.End
End
publichearing
• Staff Report
• Comments or Presentation from Applicant
• Comments from Appellant (If Applicable)
• Mayor and City Council Questions for Staff
• Public Comments
• Mayor and Council Member Discussion
• Council Action
End
From: Catherine Lin, AICP, Community Development Director
Requested by: Administration
Prepared by: Deborah Drasler, Contract Planner, MIG; Sandie Kim, Associate Planner
____________________________________________________________
RECOMMENDED ACTION
Recommendation
Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING CASE NO. 2023-0646 PERTAINING TO A CONDITIONAL USE PERMIT, DEVELOPMENT REVIEW, AND AFFORDABLE HOUSING DENSITY BONUS FOR THE DEVELOPMENT OF 54 MULTI-FAMILY UNITS, INCLUDING 53 LOWER-INCOME SENIOR HOUSING RENTAL UNITS LOCATED AT 13800, 13802, AND 13812 MILTON AVENUE IN THE CITY OF WESTMINSTER, CA (APNS: 203-311-13, 16, AND 24).”
end
BACKGROUND
Project Location
The project site is 1.18-acres in size and is comprised of three legal parcels located on the east side of Milton Avenue at the intersection of Hefley Street. The project site, which is currently vacant and undeveloped, was previously improved with four structures (demolished in August 2022), including two, two-bedroom units, a one-bedroom unit, and a garage used for storage.
General Plan Land Use Designation and Zoning
The project site is currently zoned R-4 (Multiple Family Residential 15-18 units per acre), which allows densities of 15 to 18 dwelling units per acre. The General Plan Land Use designation of the site is "Residential High Density," which allows up to 25 dwelling units per acre.
While the project’s proposed base density, 25 dwelling units per gross acre, exceeds the allowable density permitted in the R-4 zone, pursuant to Government Code § 65915 (o)(6), if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, or if a range of density is permitted, the greater shall prevail.
Based on the 1.18 acres, this would allow a base density of 30 units for the project site. The applicant is requesting 30 residential units and an 80 percent bonus yield of 24 additional units. In total, the project would result in 54 residential units. While the project’s proposed base density, 25 dwelling units per gross acre, exceeds the allowable density permitted in the R-4 zone, pursuant to Government Code § 65915 (o)(6), if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, or if a range of density is permitted, the greater shall prevail.
Density Bonus
The overall project also includes Development Review and Conditional Use Permit approvals. Please refer to the Planning Commission staff report attached for full information.
RELEVANT STATE LAWS
The Planning Commission staff report provides a summary of relevant state laws. Please refer to Attachment 3 for the Planning Commission staff report.
PROJECT DESCRIPTION
The proposed project is for the construction of a 54 multi-family housing development in a three-story building. All but one of the proposed units will be restricted to low-income senior residents. The overall entitlement applications for this project includes Development Review, Conditional Use Permit, Lot Line Adjustment, and Density Bonus.
In accordance with the Density Bonus Law, the project is eligible to receive assistance in the form of reduced parking ratios. As illustrated in the table below, the City’s zoning code requires 54 enclosed garage parking spaces plus 28 off-street parking spaces. However, in this case, because the project is a for-rent, senior project with 100% of the 53 lower-income senior housing units affordable to low, very low and extremely low income households and is located within one-half mile of an accessible bus route that operates at least 8 times per day, the project’s parking requirement is zero (0) spaces per unit, as per State law.
|
WMC Requirements |
State Density Bonus Requirements |
Proposed Development |
|
54 Enclosed garage spaces + 28 off-street parking spaces |
0 |
19 off-street parking spaces |
Although zero parking spaces is required per the Density Bonus Law, the applicant is providing 19 off-street parking spaces, exceeding the State’s parking requirement for a 100% affordable, senior housing project.
On-Site Parking stalls are allocated as follows:
• Resident Open Spaces - 11
• Guest Spaces - 2
• Staff Spaces - 2
• ADA Spaces - 4
Staff also notes that pursuant to the Density Bonus Law, the applicant is requesting waivers on the following development standards:
1. Maximum Height
2. Front yard setback
3. Maximum Front Yard Setback Encroachment
4. Minimum Floor Area
5. Minimum On Site Open Space
For a detailed display of the project design and analysis, please see page 9 of the Planning Commission staff report attached, and Project Plans attached.
ENVIRONMENTAL REVIEW
The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the requirements of the City and has been deemed exempt from further CEQA analysis under Class 32 (Section 15332 In-Fill Development Projects Section of the CEQA Guidelines), provided that the exceptions under Section 15300.2 do not apply. The project site itself is less than 5 acres and has no value as a habitat for endangered, rare, or threatened species. Further, the development of 54 multi-family units including 53 lower-income senior housing rental units will not result in any significant effects relating to traffic, noise, air quality, or water quality as stated in the Class 32 Determination (Attachment 3 of the Planning Commission packet). In addition, a conceptual Water Quality Management Plan has been reviewed and approved by the City’s Public Works Department on December 4, 2023.
PLANNING COMMISSION PUBLIC HEARING
On February 21, 2024, the Planning Commission held a public hearing and considered the requested Development Review, Conditional Use permit, Affordable Housing Density Bonus, the staff report and recommendation (Attachment 3), and public comments received from the applicant and community during the public hearing. For details of the public hearing comments, refer to the draft Planning Commission meeting minutes (Attachment 5).
Public comments were received in the following topic areas and are summarized below:
• Traffic
o The additional traffic from the project will add strain to neighborhood streets, especially Milton Avenue and Hefley Street, which are already used as thoroughfares for neighboring developments.
o Milton Avenue, already congested with parked cars, may become hazardous for pedestrians due to increased traffic.
o Milton Avenue and Hefley Street already have high traffic volumes. The additional traffic would make it worse.
• Parking
o Residents of Hefley Square, predominantly composed of young families with children, are already compelled to park on the street due to insufficient onsite parking. With only 19 parking spaces proposed onsite, the 54-unit development would create a greater demand for on-street parking, further burdening the already scarce on-street parking options.
o The project would result in increased demand for street parking near Margie L. Rice Park, which is crucial for the families and friends who frequent the park. Furthermore, the apartment units located on Edwards Street utilize the street parking on Rochelle Street, leaving families residing on Rochelle Street and nearby streets with no available parking near their homes. With the upcoming townhome development proposed on the vacated Big Lots site, a further demand for street parking will be created in the area.
o Most senior citizens have more than one vehicle. Additionally, there is not enough parking available for seniors who rely on support from family and caregivers, further complicating accessibility and safety concerns.
• Building Height and Mass
o The proposed three-story development is incompatible with the predominantly one and two-story neighborhood, visually overwhelming the area. Additionally, the third-story height would compromise privacy for residents east of the project site on Ida Way, particularly those with backyard pools, since windows from the third story could overlook their properties, impacting the privacy of families and children.
• Reduced Front Yard Setback
o The building is too close to the sidewalk located within the public right-of-way. The proximity of the building to the public right-of-way could impede visibility on Milton Avenue when exiting the site, posing safety concerns due to fast-driving cars and potential risks for pedestrians.
o The development lacks privacy for future residents in first-floor units bordering the front yard sidewalk, leaving them vulnerable to potential scrutiny from passersby, including homeless individuals and criminals.
o Due to the close proximity to the public right-of-way and susceptibility to potential scrutiny, residents who are already low-income may feel compelled to keep their windows closed. This inability to ventilate their units could lead to higher utility costs as they would rely more on heating and cooling systems to maintain comfort levels.
• Safety and Security
o The proposed project raises concerns about safety due to potential incidents of homeless individuals and criminals. It’s suggested that bulletproof glass be considered for installation.
o The neighborhood is already canvased with homeless, criminals, and other low-income people who reside at the nearby Motel 6 on Westminster Boulevard. There have been incidents of car break-ins, vandalism, and illegal gambling businesses (slap houses). The proposed building's mass and minimal front setback could provide direct access to properties east of the project site for criminals and homeless individuals, raising safety concerns for residents in that area.
• Affordability of Proposed Units
o The six units restricted to extremely low-income seniors is not enough. The average social security annual income is $21,204, approximately 21 percent of the average median income (AMI). Seniors 60 years and older represent one quarter of the population and are at risk of becoming homeless. A minimum of 12 units should be provided for extremely low-income seniors.
• Lower Property Values.
o The project's potential impact includes concerns about lowering surrounding property values and a lack of consideration for taxpayers who own and maintain their homes.
• Flooding.
o The current storm drains are inadequate. During heavy rain, regular flooding occurs at the intersection of Milton Avenue and Hefley Street. The project site, which is currently dirt absorbs some of the rainwater. Post development, additional runoff from the project will cause further flooding of the street and sidewalks. With increasing climate change, the use of runoff retentions won’t be enough.
• Noise
o Currently, an ongoing illegal construction site (which the City is aware of and addressing) generates loud noise throughout the day. Moreover, the construction of the proposed project would exacerbate the issue, further increasing the level of excessive noise.
The following are staff’s responses to the concerns above:
• Traffic:
o A traffic analysis was prepared for the project to determine peak hours and average daily trips. The analysis of the trip generation shows that the proposed project will add 11 cars during the morning peak hour and 14 in the evening. The project will not add 40 or more AM or PM peak hour trips, 500 or more daily trips, and will likely not significantly impact nearby intersections, which is the standard for requiring a traffic study in the City of Westminster. Therefore, no significant traffic impact is anticipated.
• On-street parking:
o To evaluate the existing on-street parking within walking distance of the project site, the City's traffic engineers conducted a survey along Milton Avenue and Hefley Street on February 2nd and 3rd, specifically during late evening hours between 9:30 and 11:00 pm. The survey found a total of 112 on-street parking spaces available, which represents 55% of the total. Of these, 17 spaces were located north of the project site on Milton Avenue, 25 spaces were found south of the project site on Milton Avenue, and 70 spaces were available west of the project site on Hefley Street.
• Setbacks:
o The site's design includes a reduction in the required minimum 20-foot front yard setback to just seven inches. This adjustment creates ample space at the rear of the site for circulation, parking, and a central landscaped courtyard. Correspondingly, the building’s east (rear) setback exceeds the required 20-foot minimum rear setback and provides a setback of approximately 55-feet from the rear yard property line with a portion of the building setback an additional 130-feet from the rear property line. Further, the north and south (side yard) setbacks exceed the required minimum seven-foot side yard setback, with the project providing 30- and 40-foot side yard setbacks respectively to provide for internal circulation.
o As depicted on the floor plan, out of the 54 units proposed, 21 units are located on the third floor. Among these, two units with three windows each are set back approximately 55 feet from the rear yard property line and three units with two windows each are set back 130 feet from the rear yard property line.
• State Law:
o A developer who meets the State law’s requirements for affordable or senior units is entitled to the density bonus and other assistance as a matter of right. The City has no discretion to deny or modify a percentage increase over the maximum density otherwise imposed when the applicant satisfies the requirements of the Density Bonus Law. An applicant that qualifies for a density bonus can request concessions or incentives via a reduction or waiver of development standards even if the applicant is not seeking a density bonus. The number of concessions and/or incentives to be granted is determined solely by the criteria set forth in the Density Bonus Law. The project is entitled to a total of four incentives or concessions. However, the applicant is not requesting any development incentives or concessions.
In addition to incentives and concessions, the project is eligible to receive two additional forms of assistance through: (i) waiver or reduction of development standards; and (ii) maximum parking requirements. The waiver or reduction of development standards does not count as an incentive or concession (as discussed above), and there is no limit on the number of development standard waivers that may be requested or granted. The City is not permitted to apply any development standard which would physically preclude the construction of the project at its permitted density unless it would cause a public health or safety problem, cause an environmental problem, harm historical property, or would be contrary to law.
Accordingly, the applicant is requesting five waivers or reductions from the City’s development standards, which include 1) a waiver to increase the building height from two stories/35 feet to three stories/42 feet in height, and 2) a reduction in front yard setback, front yard encroachment, floor area, and onsite open space requirements. The applicant is entitled to receive the granting of the waivers pursuant to the State Law.
Following deliberation, the Planning Commission voted 3-1-0-1 (Tony Bui voted no and Alin Hamade abstained) to recommend that the Mayor and City Council approve Case No. 2023-0646 pertaining to a Conditional Use Permit, Development Review, and Affordable Housing Density Bonus for the development of 54 multi-family units, including 53 lower-income senior housing rental units.
CITY COUNCIL PUBLIC HEARING NOTIFICATION
On March 25, 2024, the Westminster City Clerk published a public hearing notice in the Westminster Herald-Journal. The notice included a description of the proposed project, the project location, and the date, place, and time of the scheduled City Council hearing.
On March 26, 2024, the public hearing notices were mailed to all property owners of record and occupants within a 500-foot radius of the project site. The notice included a description of the proposed project, the project location, and the date, place, and time of the scheduled Planning Commission hearing. Notices were also posted at the project site, City Council Chambers, City Hall, Westminster Branch Library, Community Service and Recreation Building, and on the City’s website.
As of the completion date of this report, staff has not received any comments regarding this project.
FISCAL IMPACT
There are no fiscal impacts associated with these actions.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
In conclusion, the Planning Commission reviewed the proposed development of 54 affordable senior units, including 53 lower-income senior housing rental units, and recommends approval of the requested Conditional Use Permit, Development Review, and Affordable Housing Density Bonus.
ATTACHMENTS
1. Draft City Council Resolution
2. Areial View and Zoning/Land Use Designation
3. Planning Commission Staff Report and Attachments
4. Final Planning Commission Resolution 2024-
5. Draft Planning Commission Meeting Minutes from February 21, 2024
6. Project Plans
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager