HomeMy WebLinkAboutPA2023-0069_20230427_Incomplete Filing Notice
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
NOTICE OF INCOMPLETE FILING
(VIA EMAIL)
April 27, 2023
Chad Howes
Checkerprop
chowes@checkerprop.com
Application No. Preliminary Application Review for Residential Development
(PA2023-0069)
Address 4667 MacArthur Blvd.
Please be advised that after reviewing the subject application, your submittal has been
deemed incomplete and further information is required before we are able to proceed
with the application process.
The following documentation is required to complete the application (Please note
that a number of the following items can be addressed by a letter):
1. Project Description.
Please include a detailed project description addressing all items on the preliminary
application for residential development form. Including:
a. Provide APN: 427-111-08 & Legal Description under Site Information.
b. Dimensioned plans which show compliance with applicable code provisions.
i. Provide required as well as proposed setbacks.
a. Front or adjacent to a street: 15 feet
b. Side: 0 Feet
c. Rear: 0 Feet
ii. Provide Maximum allowed Building Height per Office Airport Zoning
District: 300 feet.
iii. Label certain uses such as outdoor patios, elevators, and stairs on floor
plans.
iv. Clarify the amenity use on the plans.
v. Ensure property lines are plotted and dimensioned accurately.
April 27, 2023
(PA2023-0069)
Page 2
vi. The emergency vehicle access must be located entirely on subject
property.
c. The number of proposed below market rate units and their affordability levels
including the duration of proposed affordability.
i. Provide specific affordability level of affordable units. This is required
to calculate the allowable density bonus units. Affordable housing is
defined by the Zoning Code as the following:
“Affordable housing” means housing for which the allowable housing
expenses paid by a qualifying household shall not exceed a specified
fraction of the county median income, adjusted for household size. This
includes housing designated for extremely low-, very low-, low-, and
moderate-income households.
*Please categorize the proposed affordable units.
d. Clarify existing use on site.
e. Any proposed point sources of air or water pollutants.
f. Whether a portion of the property is located in any of the following:
i. A very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Section 51178
ii. Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993)
iii. A hazardous waste site that is listed pursuant to Section 65962.5 or a
hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Section 25356 of the Health and
Safety Code.
iv. A special flood hazard area subject to inundation by the 1 percent
annual chance flood (100-year flood) as determined by the Federal
Emergency Management Agency in any official maps published by the
Federal Emergency Management Agency.
v. A delineated Earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist, unless
the development complies with applicable seismic protection building
code standards adopted by the California Building Standards
Commission under the California Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code), and by any local building department under Chapter
12.2 (commencing with Section 8875) of Division 1 of Title 2.
g. Are there any historic or cultural resources known to exist on the property?
h. The number of bonus units and any incentives, concessions, development
standard waivers, or parking reductions requested pursuant to Section 65915.
April 27, 2023
(PA2023-0069)
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i. A site map showing a stream or other resource that may be subject to a
streambed alteration agreement pursuant to Chapter 6 (commencing with
Section 1600) of Division 2 of the Fish and Game Code and an aerial site
photograph showing existing site conditions of environmental site features
that would be subject to regulations by a public agency, including creeks and
wetlands.
j. Show the location of any recorded public easement, such as easements for
storm drains, water lines, and other public rights of way. If no public
easements affect the project site, indicate this information on your preliminary
application resubmittal and provide a title report with the subsequent planning
application.
The following items are provided for informational purposes only.
Project Inconsistencies:
1. The Density Bonus calculations may not be accurate, but we do not have enough
information to evaluate the project pursuant to NBMC Section 20.32 (Density
Bonus). A project that includes 15% of the base units as affordable to “very low
income” individuals is eligible for a 50 percent density bonus. Please clarify if the
proposed affordable units will be designated for “very low”, “low”, or “moderate”
income levels.
2. The General Plan Designation (AO - Airport Office and Supporting Uses) does not
allow residential development. A general plan amendment would be required to
implement the project. Please be advised that there are a finite number of dwelling
units permitted in the airport area under the current General Plan, and additional
units may require a vote of the electorate per Charter Section 423 (i.e.
“Greenlight”). If all of the currently submitted applications (i.e. applications on file
with the City) are approved, there will be 73 dwelling units remaining, which would
apply to your base units prior to application of density bonus. Please contact us to
discuss.
3. The Office Airport Zoning District does not allow residential development. A Zoning
Code Amendment would be required to implement the project. The Zoning Code
Amendment and General Plan Amendment are considered legislative acts and are
not guaranteed.
4. Please provide the existing commercial square footage on the property. Calculate
the allowed number of base dwelling units based on the City’s established
methodology. If the calculation was not done correctly as part of this plan, a general
plan amendment to request additional dwelling units may be provided. Please refer
to comment 3 above regarding Greenlight. Contact us for additional information.
Additional Requirements for Project Submittal:
April 27, 2023
(PA2023-0069)
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1. Public Park: Pursuant to General Plan Policy LU 6.15.13, please provide a ½ acre
public park on the property or pay in-lieu fees equivalent to a ½ acre park.
2. Affordable Housing Implementation Plan: A detailed analysis of the affordability
levels of proposed affordable housing, including the specific number and types of
incentives or concessions requested and any waiver or reduction of development
standards. Provide justification in the request for concessions or development
standard waivers.
3. Sewer and Water Demand Study: Provide a study which shows the analysis of the
existing capacity of the utility systems and if they are able to accommodate the
proposed project.
4. Preliminary Water Quality Management Plan (WQMP).
5. Circulation / Gate Plan: A plan which addresses if there are accommodations for
rideshare options (parking spaces, loading zones, etc.). Additionally, are there
gates on-site for parking lot, etc.?
6. Provide more detailed information and plans. Provide the parking calculations,
allowed vs. proposed FAR for commercial and residential, detailed parking layout
with spaces dimensioned, landscape package, easements, emergency access
plans, topographical survey, complete elevations, etc.
Projected Entitlements Required:
a. General Plan Amendment
b. Zoning Code Amendment
c. Development Agreement per NBMC 15.45.020
d. Major Site Development Review
e. Affordable Housing Implementation Program (AHIP)
f. Traffic Study (TBD) – if the proposed project increases average daily trips
by 300 trips or more, a traffic study would be required by the City’s Traffic
Phasing Ordinance
g. Fiscal Analysis pursuant to General Plan Implementation Program 12.1
(required for general plan amendments). This is prepared by a City
consultant and paid for by the applicant.
h. Acoustical analysis is needed for noise mitigation
i. California Environmental Quality Act (CEQA) (level of review TBD)
Please note that the intent of a preliminary application for residential development, and
this review, is to make the development review process faster and provide certainty to an
applicant by locking in the development requirements, standards, and fees (excluding
automatic adjustments to established fees) at the time a complete application is
submitted. The City has not conducted a complete project design and development
review (i.e. site plan, building placement, access and circulation, etc.) of the project as
submitted.
April 27, 2023
(PA2023-0069)
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A Development Review Committee (DRC) meeting is free of charge and available upon
request for the purpose of different departments (Building, Public Works, Fire, etc.)
providing preliminary feedback for the project proposal.
Should you have any questions regarding submittal requirements, please contact Afshin
Atapour, Assistant Planner at 949-644-3237 or aatapour@newportbeachca.gov.