Westminster City Council
SUBJECT
Title
Public Hearing - Case No. 2023-0818. City Council Review of the Planning Commission’s Recommendation to Approve - Case No. 2023-0818 - Request for a Development Review, Affordable Housing Density Bonus, and Vesting Tentative Tract Map for Condominium Purposes for the development of 25 for-sale residential condominium units including 23 market rate units and two very-low-income units located on Parcel 1 of Lot Line Adjustment LL 2023-0804 (APN: 096-041-30 and 096-041-31). Previously addressed as 13552 Goldenwest Street, Westminster, CA 92683.
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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
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From: Catherine Lin, AICP, Community Development Director
Requested by: Administration
Prepared by: Deborah Drasler, Contract Planner, MIG Sandie Kim, Associate Planner
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RECOMMENDED ACTION
Recommendation
Adopt a Resolution entitled, “A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, APPROVING CASE NO. 2023-0818 PERTAINING TO A DEVELOPMENT REVIEW, AFFORDABLE HOUSING DENSITY BONUS, and vesting tentative tract map FOR THE DEVELOPMENT OF 25 for-sale residential condominium units including 23 market rate units and two very-low-income units located on Parcel 1 of Lot Line Adjustment LL 2023-0804 (APN: 096-041-30 and 096-041-31). Previously addressed as 13552 Goldenwest Street, Westminster, CA 92683.”
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BACKGROUND
Project Location
The 1.29-acre project site is located on the east side of Goldenwest Street, between Trask Avenue to the north and Fenway Drive to the south. This site was formerly a part of the adjacent church property to the south. The project site, which is currently vacant except for a playground area and an asphalt parking lot associated with the adjacent church, was established following the approval and recordation of Lot Line Adjustment (LL) 2023-0804 in April 2024.
General Plan Land Use Designation and Zoning
The project site is currently zoned R-2 (Multiple Family Residential 8-12 units per acre), which allows densities of 8-12 dwelling units per acre. The General Plan Land Use designation of the site is "Residential Medium Density", which allows up to 14 dwelling units per acre.
While the project’s proposed base density, 14 dwelling units per gross acre, exceeds the allowable density permitted in the R-2 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 1.29 acres, this would allow a base density of 18 units for the project site. Accordingly, the applicant seeks approval for a base density of 18 residential units, with 11 percent (two units) designated for very-low-income households. This allocation of affordability qualifies the applicant to request a 35 percent density bonus resulting in an additional yield of seven units. In total, the project proposes 25 residential units.
ENTITLEMENTS
The overall project includes a Density Bonus, Development Review, and Vesting Tentative Tract Map for Condominium Purposes. 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 Attachments 5 and 6 of the Planning Commission staff report.
PROJECT DESCRIPTION
The proposed project is for the construction of 25 residential condominium units comprised of six buildings. Two of the 25 units will be restricted to very low-income households.
In accordance with the Density Bonus Law, the project is eligible to receive assistance as a matter of right, which includes incentives or concessions, unlimited waivers or reductions, and reduced parking ratios.
The project is entitled to one incentive or concession. The applicant seeks to exceed the allowable number of stories from two stories/35 feet to three stories/35 feet for the four proposed Plan Type 1 units.
Additionally, the project is entitled to reductions or waivers of development standards. There is no limit on the number of development standard waivers that may be requested or granted. Accordingly, the applicant is requesting seven development waivers or reductions including:
1) Minimum front yard setback
2) Minimum side yard setback
3) Minimum rear yard setback
4) Minimum distance between dwellings
5) Maximum lot coverage
6) Minimum on-site open space
7) Minimum monument wall setback
Lastly, the project is entitled to receive assistance in the form of reduced parking ratios.
As illustrated in the table below, the City’s zoning code requires 46 enclosed garage parking spaces plus 15 off-street parking spaces. However, in this case, because the project provides at least five percent affordable units for very-low-income households, the City cannot require a vehicular parking ratio (per State’s Density Bonus Law Government Code section 65915), inclusive of parking for persons with a disability and guests, of a development that exceeds the following ratios:
• Zero to one bedroom: 1 parking space
• Two-three bedrooms: 1.5 parking spaces
• Four + bedrooms: 2.5 parking spaces.
Based on the State’s parking ratios above, a maximum of 52 parking spaces is required. As proposed, the project exceeds the State’s requirement by providing a total of 64 parking spaces: 50 allocated to garages, nine on driveways, and five off-street spaces for guests.
For a detailed display of the project design and analysis, please see 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). The project is categorically exempt from further CEQA analysis under CEQA Guidelines Section 15332, Class 32, In-Fill Development Projects because 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 25 for-sale residential condominium units including 23 market rate units and two very-low-income household units will not result in any significant effects relating to traffic, noise, air quality, or water quality as stated in the CEQA Class 32 Categorical Exemption Report (Attachment 4 of the Planning Commission packet).
PLANNING COMMISSION PUBLIC HEARING
On July 3, 2024, the Planning Commission held a public hearing and considered the requested Development Review, Affordable Housing Density Bonus, Vesting Tentative Tract Map, 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).
The Planning Commission received one late communication. Concerns included rear setback and distance between the new development and existing, on-site parking, building height, and the shared perimeter wall between the project site and the existing residential properties east of the site boundary.
Following deliberation, the Planning Commission voted 3-0 (with Commissioners Hamade and Anderson absent) to recommend that the Mayor and City Council approve Case No. 2023-0818 pertaining to a Development Review, Affordable Housing Density Bonus, and a Vesting Tentative Tract Map for the development of 25 for-sale residential condominium units including 23 market rate units and two very-low-income units.
CITY COUNCIL PUBLIC HEARING NOTIFICATION
On August 15, 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 August 14, 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, the 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 25 for-sale residential condominium units including 23 market rate units and two very-low-income units and recommends approval of the requested Development Review, Affordable Housing Density Bonus, and Vesting Tentative Tract Map.
ATTACHMENTS
1. Draft City Council Resolution
2. Aerial View and Zoning/Land Use Designation.
3. Planning Commission Staff Report and Attachments
4. Final Planning Commission Resolution
5. Draft Planning Commission Meeting Minutes from July 3, 2024
6. Project Plans
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager