Attachment F
Project Description
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1300 Bristol Street Project
Project Description
The 1300 Bristol Street apartment project is a proposed development of 193 apartment units, of which 169 units are market rate and 24 units are affordable to low -income households. The project’s density assumes a 50% density bonus (i.e., 39 units) on top of the base density (i.e., 77 units) in e xchange for providing the necessary affordable housing. Additionally, the project contemplates transferring 77 units in from the approved Uptown Newport Master plan through the TDR (Transfer of Development Rights) process contemplated in Chapter 20.46 of the Newport Beach Municipal Code.
The proposed project is located on a 1.97-acre site at the North-East corner of Bristol Street N and Spruce Avenue. The current use is a 33, 292 s.f. two-story office complex with surface parking behind.
The proposed project is a 6 story podium building with 5 levels of residential apartment (type III) over 1 level on-grade parking garage and 2 levels of sub -terranean parking (type I). The project will have units consisting of Studios, One-Bedrooms and Two-bedroom units ranging in size from approximately 515 s.f. to 1300 s.f.
A leasing office, mailroom, and business center will be on the ground level on the corner of Bristol and Spruce. Vehicular access to the building will be from a driveway on Bristol and second driveway on Spruce. A two-way vehicular and fire circulation lane is also provided around the site.
Government Code Sec. 65915(e)(1) provides that a city or county may not apply any development standard (including height limits) that will have the effect of physically precluding the construction of a density bonus project at the density permitted under the density bonus statute. For the proposed project, the applicant is requesting the following development waivers consistent with Government Code Sec. 65915(e)(1):
1. General Plan Park Dedication Requirement : Pursuant to General Plan Policy LU 16 -
15.13, a public park equal to 8 percent of the gross land area of the total development, or a minimum one-half-acre, whichever is greater, shall be provided. This requirement would mandate a one -half-acre park on the 1.97 acre project site. The General Plan allows a waiver of its park dedication requirement where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents. Here, the 1.97 acre project site is too small to feasibly accommodate a half-acre park. The applicant therefore requests a waiver of the General Plan Policy LU 16-15.13 public park dedication requirement.
2. PC 11 Development Standards Deviation (30 -foot Setback) : PC 11 development standards require street setbacks of 30 feet from the property line. This requirement is also noted in the Covenant and Agreement Regarding Maintenance of Yards for an Oversized 15-463
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Building in Favor of the City o f Newport Beach recorded on May 16, 1977. A 30 -foot setback would substantially reduce the project’s development footprint, making it infeasible to support the proposed 193 units. The applicant therefore requests a waiver of the PC 11 30 -foot setbacks as follows : (1) Spruce Avenue – 8 feet to the building and balconies; and (2) Bristol Street – 18 feet to the building and 17 feet to balconies.
3. PC 11 Development Standards Deviation (Building Height) : PC -11 development standards limit building heights to 55 feet. Given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site, the 193-unit project would be infeasible with the 55 feet building height limit. Therefore, the applicant is requesting a waiver for building height limitations. The proposed building height is 78 feet.
4. Newport Beach Municipal Code Private Open Space: Newport Beach Municipal Code Section 20.18.030 (Table 2 -3) requires a minimum of 5% of the gross floor area of each unit to be set aside as private open space with a minimum dimension of 6 feet. The project’s studio units are unable to achieve these min imum private open space standards given their size and location. Therefore the applicant is requesting a waiver from this private open space requirement.
5. General Plan Land Use Policy 6.15.7 : General Plan Land Use Policy 6.15.7 (Overall Density and Housing Type) requires a density of 30-50 units per acre in the Airport Area, including the Project site. The Project proposes 77 “base” units at a density of 40 du/ac based on a 1.97 net acre Project site, which is consistent with Policy 6.15.7. The Project also proposes (1) a 50 Percent Density Bonus (i.e., 39 additional units) in exchange for its provision of 24 low -income affordable units, which is consistent with Government Code Section 65915 (as amended by Assembly Bill 2345) and Chapter 20.32 of the Muni cipal Code; and (2) a TDR from the approved Uptown Newport Project (77 units), consistent with Municipal Code Section 20.46. In light of the above -described density bonus and transfer of development rights, a waiver from Policy 6.15.7 has been requested in order to allow a density of 98 du/ac.
6. Newport Beach Municipal Code Sidewalk Width: The Newport Beach Municipal Code requires a minimum sidewalk width of 10 feet on Bristol Street. Adhering to the 10 foot minimum standard would reduce the project’s development footprint, making it infeasible to support the proposed 193 units when combined with the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site. Consistent with that, development waiver #2, above, requests a waiver from the PC 11 Development standard street setbacks of 30 feet from the property line. Here, the applicant requests an additional waiver that would allow for a 8’ sidewalk width along Bristol Street.
7. Newport Beach Municipal Code Common Open Space : Newport Beach Municipal Code Section 20.18.030 (Table 2-3) requires a minimum of 75 square feet/unit (14,475 sf total) to be designated as common open space. The applicant requests a waiver to reduce the 75 square feet/unit (14,475 sf tot al) requirement to approximately 49 square feet/unit (9,506 sf total, or 4,969 sf less than the City requirement). This waiver is necessary in 15-464
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order to accommodate the project’s proposed density given the constraints imposed by the street setbacks, the perimeter road, and the utilities required to serve the project site.
In addition, the applicant requests density bonus concessions/incentives under Newport Beach Municipal Code Section 20.32.050 in order to: (1) provide a range of affordable unit sizes that does not proportionally reflect the range of unit sizes provided in the project as a whole, as would be required by Newport Beach Municipal Code Section 20.32.070.A; and (2) waive payment of a park in lieu fee under General Plan Policy LU 16 -15.13. Consistent with Newport Beach Municipal Code Section 20.32.050, these concessions/incentives (1) are necessary in order to make the housing units economically feasible; (2) would not have a specific adverse impact (as defined in Government Code Section 65589.5(d)(2)) upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources; and (3) would not be contrary to State or Federal law. Specifically, by reducing both the long -term rental subsidy costs associated with larger unit sizes and the project’s d evelopment fees, the requested concessions/incentives would result in identifiable, financially sufficient, and actual project cost reductions thereby ensuring the project’s financial feasibility.
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