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HomeMy WebLinkAbout20200709_Parkland Dedication WaiverThe Residences at 4440 Von Karman Parkland Dedication Waiver ~:)'4:\S l~Oc:f4t~,1t ::10,UIO 0202 6 o 1nr .J.N3VIJd013J\30 AltNnw~oo --<& ~ TPG (KCN) Acquisition LLC ("TPG") submits the following in support of ifp~~tfest for a waiver of the City's park dedication requirement in connection with The Residences at 4440 Von Karman (PA2020-18) ("Project"). The Project includes 312 residential units, with 13 affordable units, surface and structured parking, and a public park on a 13.0-acre site at 4400 Von Karman Avenue. Below is (1) a summary of the General Plan's park dedication requirement; (2) a summary of Government Code Section 65915, which requires cities to waive development standards that will have the effect of physically precluding the construction of a proposed density bonus project; and (3) justification that a waiver of the General Plan's parkland dedication requirement is mandated by the Government Code. All of this supports TPG' s formal request for the City to waive its parkland dedication requirement, as set forth in General Plan Policy LU 16-15.13, and accept a 0.5 acre park instead of a 1.016 acre park. 1. City of Newport Beach 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-acre, whichever is greater, shall be provided. This requirement would mandate an approximately 1.016 acre park on the 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, and when an in-lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. The acreage of on-site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on-site open space shall not exceed 30 percent of the parkland dedication requirements. 2. Government Code Section 65915: The Government Code requires cities to waive development standards that will have the effect of physically precluding the construction of a proposed density bonus project. (Govt. Code. 65915(e)(l).) This waiver requirement applies regardless of whether the City of Newport Beach has adopted an implementing local ordinance. (Govt. Code. 65915(a)(l).) Cities are only allowed to impose development standards that will have the effect of physically precluding a proposed density bonus project if a waiver or reduction of such standard will: a. Have a specific, adverse impact on health, safety, or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. Have an adverse impact on real property listed in the California Register of Historic Resources. c. Be contrary to state or federal law. If a court finds that the City's refusal to grant a waiver or reduction of development standards is in violation of the Government Code, that court is required to award attorney's fees and costs against the City. (Govt. Code. 65915(e)(l).) 3. Justification for Requested Waiver: Implementation of the Government Code Section 65915(a)(l) park requirement would physically preclude the construction of the proposed density bonus project. The project site's odd shape and existing buildings impose physical constraints that make development of a park that is consistent with the General Plan and Integrated Conceptual Development Plan ("ICDP") infeasible. Given the orientation of the existing buildings within the project boundaries, the required setbacks, parking facilities, landscaping, and other required non- buildable areas, a contiguous and centralized one-acre park with a minimum dimension of no less than 150 feet surrounded by public streets on at least two sides (as required by the ICDP) would only fit on the portion of the site on which the residential building is currently proposed. If the one-acre park replaced a portion of the residential building, the project would have to be modified to either (a) reduce the residential component down from 312 units (resulting in a loss of affordable units); or (b) increase the height of the project and the depth of its subterranean parking structure. Both options would render the project infeasible. For example, increasing the height of the project would require a change in construction type to Type III podium which would come at a cost of roughly an additional $20 per net rentable square footage. Such a design would also necessitate an additional level of subterranean parking which is infeasible due to historical ground water conditions. Therefore, the site is too small to feasibly accommodate a one-acre park and a waiver of General Plan Policy LU 16-15.13 is justified under Government Code Section 65915(a)(l), which requires cities to waive development standards that will have the effect of physically precluding the construction of a proposed density bonus project. ***** In light of the above, the Applicant hereby requests a waiver of the General Plan's parkland dedication requirement. The granting of this waiver would not (a) result in a specific adverse impact on public health or safety or the physical environment; (b) have an adverse impact on property listed in the California Register of Historical Resources; or ( c) be contrary to state or federal law. To the contrary, the waiver would support state housing law by providing a substantial number of new residential units, including affordable units.