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RESIDENCES AT 4440 VON KARMAN
AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS APPLICATION
RESUBMITTED OCTOBER 26, 2020
Prepared by
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RESIDENCES AT 4440 VON KARMAN
AFFORDABLE HOUSING IMPLEMENTATION PLAN AND DENSITY BONUS APPLICATION
OCTOBER 26, 2020
Project Description & Affordability Level
TPG (KCN) Acquisition, LLC (“Picerne”) is proposing the 312 unit Residences at 4440 Von
Karman development (“Project”) on a site located in Planned Community Development Plan #15
(Koll Center Newport Planned Community). The Project site is irregularly shaped and is bounded
by Birch Street, Von Karman Avenue, and the existing surface parking lot for the Jazz
Semiconductor facility. Although the total Project site is approximately 13.0 acres, that is
inclusive of existing surface parking serving existing office buildings as well as a proposed
parking structure which is planned to replace existing surface parking on the residential
development site serving the existing office buildings. The net development area, including
parks, landscaped walkways, access drives, the replacement parking structure, and existing
parking totals approximately 8.7 acres. The balance of the Project site (approximately 4.3 acres)
consists of an existing access easement, parking lots, and offices.
The Newport Beach General Plan designates the Project site as Mixed-Use Horizontal 2 (MU-
H2) and the zoning is Planned Community 15, Koll Center (PC 15). The site is currently
developed as a surface parking lot serving existing office uses. Those parking spaces will be
replaced in a proposed parking structure to be located in the southeast corner of the Project site
as well as in the parking garage for the proposed residential Project. As part of the Project, Picerne
intends to develop and dedicate a 1.1-acre Public Park to the City of Newport Beach.
The Project is planned to consist of a total of 312 units: 260 units based on the current remaining
additive residential units (“Base” units) per the Airport Business Area Integrated Conceptual
Development Plan for Koll and Conexant Properties (“ICDP”) and 52 density bonus units (i.e.,
20% of the 260 Base units). In accordance with Government Code Section 65915, five percent
of the Base units (i.e., 13 units) will be made affordable to Very Low Income households. Very
Low Income households, as defined in California Health and Safety Code Section 50105, are
households earning 50 percent or less of area median income, adjusted for family size.
Eligibility for Density Bonus
Picerne will be providing 13 units (i.e. 5% of Base units) affordable to Very Low Income
households (“Very Low Income units”). This will comply with the provisions of Government
Code Section 65915 and Section 20.32 of the City’s Zoning Code applicable to a 20% density
bonus. Rents for the Very Low Income units will be computed in accordance with Health and
Safety Code Sec. 50053, as required by Government Code Section 65915(c)(1).
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
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Density Bonus Computation and Term of Affordability
The density bonus computation for the Project per Government Code Section 65915 is shown
below:
Table 1
Density Bonus Computation
Picerne intends to operate the apartment Project as a rental community. The 13 Very Low
Income units will remain rent restricted for a minimum of 55 years, per Government Code
Section 65915(c)(1).
Reduction in Parking
The Project meets the criteria of subdivision (b) of Government Code Sec. 65915 and Section
20.32.030 of the City’s Zoning Code by providing at least five percent (5%) of the total units of
a housing development (excluding any units permitted by the density bonus awarded pursuant
to that section) for Very Low Income households.
Government Code Section 65915(p) and Section 20.32.040 of the City’s Zoning Code provide
the following:
(1) Upon the request of the developer, no city, county, or city and county shall
require a vehicular parking ratio, inclusive of handicapped and guest parking, of a
development meeting the criteria of subdivision (b), that exceeds the following
ratios:
a. Zero to one bedrooms: one onsite parking space.
b. Two to three bedrooms: two onsite parking spaces.
(2) If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number. For
purposes of this subdivision, a development may provide “onsite parking” through
tandem parking or uncovered parking, but not through street parking.
Table 2 on the next page is a summary of Government Code Sec. 65915 parking requirements
vs. spaces to be provided:
Remaining Units Per ICDP (Before Density Bonus)260
Density Bonus Utilized (20%)52
Total Units 312
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
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Table 2
Parking Requirements
Picerne requests that parking requirements be calculated in accordance with Government Code
Sec. 65915(p). The project is currently planning to provide 559 onsite parking spaces for its
residential units, subject to changes pending approval of final building plans.
Development Incentive Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32 of the City’s Zoning Code,
Picerne is entitled to one concession or incentive as a result of providing at least five percent (5%)
of the units as affordable for Very Low Income households. Picerne requests the following
development incentive:
Section 20.32.070 of the City’s Zoning Code provides that “Affordable units [in a density
bonus project] shall reflect the range of numbers of bedrooms provided in the residential
development project as a whole.” Picerne requests that the 13 Very Low Income units be
Unit Type
Studio 55 1.0 55
1 BR 149 1.0 149
2 BR 108 2.0 216
TOTAL PARKING STALLS REQUIRED -
RESIDENTIAL UNITS
312 1.3 420
Stalls/Unit
Per Gov.
Code 65915
Parking
Stalls
Number of
Units
Unit Type
Studio 55 1.0 55
1 BR 149 1.0 149
2 BR 108 2.0 216
TOTAL PARKING STALLS REQUIRED -
RESIDENTIAL UNITS
312 1.3 420
TOTAL PARKING STALLS PROVIDED -
RESIDENTIAL UNITS
559
PARKING PROVIDED IN EXCESS OF
MINIMUM REQUIREMENTS
139
276
TOTAL PARKING STALLS PROVIDED IN
RESIDENTIAL STRUCTURE 835
OFFICE PARKING PROVIDED IN
RESIDENTIAL STRUCTURE
Stalls/Unit
Per Gov.
Code 65915
Parking
Stalls
Number of
Units
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
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provided utilizing the unit mixes as shown below rather than a unit mix proportional to the
development as a whole:
Table 3
Unit Mix
As required by Government Code Sec. 65915(d)(1)(A), this incentive will result in additional
rental income for the Project as well as construction cost reductions for the affordable units,
which will enable the affordable rents to be set in accordance with Government Code Sec.
65915(c)(1).
Income Limits and Examples of Eligible Tenants for Affordable Homes
Very Low Income Households are defined as households whose gross income does not exceed
50% of area median income, adjusted for household size. Table 4 on the following page shows
the maximum income limits as determined by the U.S. Department of Housing and Urban
Development and the California Department of Housing and Community Development (“HCD”)
for Very Low Income households with household sizes appropriate for Residences at 4440 Von
Karman:
Table 4
Maximum Income Limits
Higher income limits apply to larger families of 6 or more persons; however those families are
not considered to be a target market for Residences at 4440 Von Karman, where the unit mix
consists of studios, one-bedroom, and two-bedroom apartment homes.
Unit Type Total Units
Very Low
Income Units
Studio 55 3
1 Bedroom 149 9
2 Bedroom 108 1
Total 312 13
Household Size
Very Low Income Units
Maximum Annual Income
- 2020
1 Person $44,850
2 Person 51,250
3 Person 57,650
4 Person 64,050
5 Person 69,200
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
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The Project’s 13 affordable homes will be rented to eligible Very Low Income households. As
shown in Table 4, Very Low Income households include incomes ranging from $44,850 per year
for a one-person household to $69,200 per year for a five-person household. As such this could
include service industry employees (waitresses, retail managers, hotel receptionists etc.), school
district employees, health care employees, and other occupations which provide needed services
to our community. While household size, overtime pay, summer jobs, or second jobs may affect
eligibility, the income limits above are reflective of pay to many public or health care sector
workers, as shown in Table 5 below:
Table 5
Examples of Qualifying Salaries
The pay ranges shown above are as of 2018 through 2020 (depending on source) and are subject
to periodic update. Retired persons or couples or young business professionals starting their
careers may also qualify to rent the affordable homes. In order to provide opportunities to workers
to live in one of the affordable homes, the City could provide guidelines providing for acceptance
of applications on a priority basis from classes of individuals who qualify under the income limits
in effect. The guidelines could provide for priority treatment for City employees, employees of
the local school district, and employees of major health care institutions or other categories
identified by the City for priority treatment.
Rental Rate Limits for Affordable Homes
The 13 Very Low Income units shall be rented at an affordable rent calculated in accordance with
the provisions of Section 50053 of the Health and Safety Code. Section 50053 of the Health and
Safety Code limits affordable rent to 30% of total income for a Very Low Income household, as
calculated in Table 6 below. That section also requires that the rent for a studio unit assumes a
one-person household for rent calculation purposes, a one-bedroom unit assumes a two-person
household, and a two-bedroom unit assumes a three-person household. The rents calculated are
then adjusted by a utility allowance as determined annually by the County of Orange Housing &
Position Pay Range
Information
Source Comments
Library Clerk I or Library Clerk II $38,896-$60,590 State Will qualify.
Police Comm. Service Officer 44,158-68,494 State Will qualify
Newport-Mesa School District Custodian/Head
Custodian
42,768-56,472 NMUSD Will qualify
Newport Mesa School District Administrative Asst.49,764-60,936 NMUSD Will qualify
Hoag Hospital Administrative Asst.44,000-51,000 Glass Door Will qualify
A Very Low Income household must have household income which does not exceed a range of $44,850 to $69,200,
depending on household size. Following are examples of positions available at the City, at Newport-Mesa Unified School
District, and at Hoag Hospital which may be representative of future residents in affordable units at the Residences at
Uptown Newport North.
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
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Community Services Department. As of October 1, 2019, the reduction for the utility allowance
is $119.00 per month for a studio unit, $132.00 per month for a one-bedroom unit, and $171.00
per month for a two-bedroom unit. The utility allowance utilized assumes gas cooking, gas space
heating, gas water heating, as well as water, and sewer, and trash fees which will be paid by the
tenant.
Table 6
Maximum Rents by Bedroom Count
Picerne will enter into an affordable housing agreement, in recordable form, with the City prior
to obtaining the first building permit for any residential unit within the Project. That agreement
will ensure that the maximum rents for the affordable apartment homes will be calculated using
the methodologies as utilized in Table 6. The rental rates shown will be updated prior to the
commencement of rental activities and on an ongoing basis to reflect then current income limits,
utility allowances, and any changes in applicable regulations and statutes.
Unit Mix, Design, and Location of Affordable Homes
While the exact location of each of the affordable homes within the Residences at 4440 Von
Karman has not yet been determined, the affordable homes will be spread throughout the
development to avoid concentration of affordable homes in any area. The affordable homes
shall be comparable in the quality of construction and exterior design to the market rate homes.
The affordable homes will be marketed concurrently with the market rate homes and will be
released for occupancy roughly proportional to release of the market rate homes for occupancy.
All affordable homes will have access to the facilities and amenities offered by the
development.
Bedrooms
Maximum
Annual Rent -
2020
Maximum
Monthly Rent -
2020
Utility
Allowance1
Affordable
Rent - 2020
Very Low
Studio $10,815 $901 $119 $782
1 Bedroom 12,360 1,030 132 898
2 Bedroom 13,905 1,159 171 988
1Utility allowances will be updated prior to commencement of leasing activities to reflect updated
utility allowances and final utility configurations.
Residences at 4440 Von Karman
Affordable Housing Implementation Plan and Density Bonus Application
October 26, 2020
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Requested City of Newport Beach Assistance
Financial Assistance
Picerne is not requesting any direct financial assistance from the City of Newport Beach for the
Project.