HomeMy WebLinkAbout03_606 Acacia Parcel Map NP2013-014_PA2013-125�EwPO� COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
n 100 Civic Center Drive, Newport Beach, CA 92660
(949) 644 -3200 Fax: (949) 644 -3229
c'L,FOK�'P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 15, 2013
Agenda Item No. 3
SUBJECT: 606 Acacia Parcel Map - (PA2013 -125)
606 Acacia Avenue
• Tentative Parcel Map No. NP2013 -014
• County Tentative Parcel Map No. 2013 -102
APPLICANT: 97 Acacia Avenue, LLC
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: R -2 (Two - Family Residential)
• General Plan: RT (Two -Unit Residential)
PROJECT SUMMARY
A parcel map for two -unit condominium purposes. No exceptions to Title 19 (Subdivision
Code) development standards are proposed with this application. An existing single - family
residence has been demolished and a two -unit duplex is under construction that will
provide the code required two -car parking per unit. The parcel map would allow each unit
of the project to be sold individually.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Tentative Parcel Map
No. NP2013 -014 (Attachment No. ZA 1).
DISCUSSION
• The existing single - family residence and detached garage (approximately 911
square feet) was demolished and is being replaced with a new 3,528- square -foot
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606 Acacia Parcel Map
August 15, 2013
Page 2
two -unit condominium project that was approved for Building permits, April 24,
2013.
• The property is designated for two -unit residential use by the General Plan and
Zoning Code. The new condominium project is consistent with this designation
and a parcel map for condominiums does not change the use.
• Approval of a parcel map will allow each unit to be sold separately.
• The new condominium project will conform to current Newport Beach Municipal
Code requirements and meet all Title 19 standards.
• Public improvements will be required of the applicant per the Municipal Code and
Subdivision Map Act.
• Map approval is subject to fees for park dedication and affordable housing for
one dwelling unit in accordance with the provisions of Sections 19.52 and 19.54
of the Subdivision Code. The current park dedication fee is $26,125 per unit and
the current in -lieu affordable housing fee is $20,513 per unit. However, these
fees are subject to change and the tentative parcel map is subject to conditions
of approval that require the applicant to pay the fees in -effect at the time of
payment, not those in -effect at the time of approval.
ENVIRONMENTAL REVIEW
The project has been reviewed, and qualifies for a Class 15 (Minor Land Divisions)
categorical exemption pursuant to Title 14 of the California Code of Regulations (Section
15315, Article 19 of Chapter 3, Guidelines for Implementation of the California
Environmental Quality Act). The Class 15 exemption allows the division of property in
urbanized areas zoned for residential, commercial, or industrial use into four or fewer
parcels when the division is in conformance with the General Plan and zoning, no
variances or exceptions are required, all services and access to the proposed parcels
are available, the parcel was not involved in a division of a larger parcel within the
previous two years, and the parcel does not have an average slope greater than 20
percent. The proposed parcel map is for condominium purposes and is consistent with
all of the requirements of the Class 15 exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days prior to the decision date, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
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606 Acacia Parcel Map
August 15, 2013
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City Hall, 100 Civic Center Drive, Newport Beach, California, CA 92660 and at the City
of Newport Beach website at www. newportbeachca .gov /zoningadministrator.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 10 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
Melinda Whelan
Assistant Planner
GR — msw
Attachments: ZA 1
Draft Resolution
ZA 2
Vicinity Map
ZA 3
Tentative Map
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4
Attachment No. ZA 1
Draft Resolution
5
11
RESOLUTION NO. ZA2013 -0 ##
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING TENTATIVE PARCEL
MAP NO. NP2013 -014 FOR A PARCEL MAP FOR TWO -UNIT
CONDOMINIUM PURPOSES LOCATED AT 606 ACACIA
AVENUE (PA2013 -125).
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by 97 Acacia Avenue, LLC, with respect to property located at
606 Acacia Avenue, and legally described as Lot 8, Block 629, Corona del Mar in the
City of Newport Beach, County of Orange, State of California, requesting approval of a
Tentative Parcel Map.
2. The applicant requests a tentative parcel map for two -unit condominium purposes. No
exceptions to Title 19 (Subdivision Code) development standards are proposed with
this application. The code required two -car parking per unit will be provided. The
property was developed with a single - family dwelling that has been demolished and a
new duplex is currently under construction.
3. The subject property is located within the Two -Unit Residential (R -2) Zoning District and
the General Plan Land Use Element category is Two -Unit Residential (RT).
4. The subject property is located within the Coastal Zone designated as with a land use of
Two -Unit Residential (20 — 29.9 du /acre).
5. A public hearing was held on August 15, 2013, in the Corona del Mar Conference Room
(Bay E -1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15315 of the California Environmental Quality Act under Class 15 (Minor Land
Divisions) of the Implementing Guidelines of the California Environmental Quality Act.
2. The Class 15 exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the
parcel does not have an average slope greater than 20 percent. The proposed parcel
FIA
Zoning Administrator Resolution No. ZA2013 -0 ##
Page 2 of 9
map is for condominium purposes and is consistent with all of the requirements of the
Class 15 exemption.
SECTION 3. REQUIRED FINDINGS.
The Zoning Administrator determine d
with the legislative intent of Title 20
based on the following findings pe
Tentative Maps) of Title 19:
Finding
in this case that the proposed parcel map is consistent
of the Newport Beach Municipal Code and is approved
r Section 19.12.070 (Required Findings for Action on
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding
The proposed Parcel Map is for two -unit condominium purposes. An existing single -
family dwelling was demolished and is being replaced with a new duplex. The
proposed subdivision and improvements are consistent with the density of the R -2
Zoning District and the current General Plan Land Use Designation "Two -Unit
Residential ".
2. The project has been conditioned to require public improvements including the
reconstruction of existing broken or otherwise damaged sidewalks, curbs, and gutters,
along Acacia Avenue consistent with the Subdivision Code (Title 19).
Finding
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding
1. The lot is regular in shape, has a slope of less than 20 percent, and is suitable for two -
unit development.
Finding
C. That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision - making body
may nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 3 of 9
Facts in Support of Finding
1. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
15 (Minor Land Divisions) which allows the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or fewer parcels when the
division is in conformance with the General Plan and zoning, no variances or
exceptions are required, all services and access to the proposed parcels are available,
the parcel was not involved in a division of a larger parcel within the previous two
years, and the parcel does not have an average slope greater than 20 percent. The
proposed parcel map is for condominium purposes and is consistent with all of the
requirements of the Class 15 exemption.
Finding
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding
1. The proposed Parcel Map is for residential condominium purposes. All construction for
the project will comply with all Building, Public Works, and Fire Codes, which are in
place to prevent serious public health problems. Public improvements will be required
of the developer per Section 19.28.010 (General Improvement Requirements) of the
Municipal Code and Section 66411 (Local agencies to regulate and control design of
subdivisions) of the Subdivision Map Act. All ordinances of the City and all Conditions
of Approval will be complied with.
Finding
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision - making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to easements
previously acquired by the public. This finding shall apply only to easements of record
or to easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to the City Council to determine that the public at large has
acquired easements for access through or use of property within a subdivision.
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Facts in Support of Finding
1. The design of the development will not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development
as there are no public easements that are located on the property.
Finding
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Facts in Support of Finding
1. The property is not subject to the Williamson Act since the subject property is not
designated as an agricultural preserve and is less than 100 acres.
Finding
G. That, in the case of a "land project" as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to
be included within the land project, and (b) the decision - making body finds that the
proposed land project is consistent with the specific plan for the area.
Facts in Support of Finding
1. The property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code.
2. The project is not located within a specific plan area.
Finding
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act.
Facts in Support of Finding
1. The proposed Parcel Map and improvements are subject to Title 24 of the California
Building Code that requires new construction to meet minimum heating and cooling
efficiency standards depending on location and climate. The Newport Beach Building
Department enforces Title 24 compliance through the plan check and inspection
process.
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Zoning Administrator Resolution No. ZA2013 -0 ##
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Finding
That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding
The residential density on the site will increase by one unit to two units, consistent with
the R -2 Zoning District designation. Therefore, the parcel map for condominium
purposes will not affect the City in meeting its regional housing need.
Finding
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Findin
Wastewater discharge into the existing sewer system has been designed to comply
with the Regional Water Quality Control Board (RWQCB) requirements.
Finding
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Facts in Support of Finding
The subject property is located within the Coastal Zone and the parcel map and the
development of the property as a two -unit condominium is consistent with the Coastal
Land Use Designation of Two -Unit Residential (20 — 29.9 du /ac).
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Parcel Map No.
NP2013 -014, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 6 of 9
2. Tentative Parcel Map applications do not become effective until 10 days following the
date of action. Prior to the effective date, the applicant or any interested party may
appeal the decision of the Zoning Administrator to the Planning Commission by
submitting a written appeal application to the Community Development Director. For
additional information on filing an appeal, contact the Planning Division at (949) 644-
3200.
PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF AUGUST, 2013.
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 7 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
A parcel map shall be recorded. The Map shall be prepared on the California
coordinate system (NAD88). Prior to recordation of the Map, the surveyor /engineer
preparing the Map shall submit to the County Surveyor and the City of Newport Beach
a digital - graphic file of said map in a manner described in Section 7 -9 -330 and 7 -9 -337
of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18. The Map to be submitted to the City of Newport Beach shall
comply with the City's CADD Standards. Scanned images will not be accepted.
4. Prior to recordation of the parcel map, the surveyor /engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the
Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
5. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
6. Prior to recordation of the parcel map, reconstruct the existing broken and /or otherwise
damaged concrete sidewalk panels, curb and gutter along the Acacia Avenue
frontage.
7. Prior to recordation of the parcel map, reconstruct the existing broken and /or otherwise
damaged concrete alley adjacent to the project site.
8. All above ground improvements shall stay a minimum 5 -foot clear of the alley setback.
9. Acacia Avenue is part of the City's Moratorium List. Work performed on said roadways
will require additional surfacing requirements. See City Standard 105 -L -F.
10. All existing private, non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site shall be removed. The newly proposed decorative carriage walk
will require an Encroachment Agreement.
11. Prior to recordation of the parcel map, install new sod or low groundcovers of the type
approved by the City throughout the Acacia Avenue fronting the development site.
12. Each unit shall be served by its individual water meter and sewer lateral and cleanout.
Each water meter and sewer cleanout shall be installed with a traffic -grade box and
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 8 of 9
cover. Water meter and the sewer cleanout shall be located within the public right -of-
way.
13. An encroachment permit is required for all work activities within the public right -of -way.
14. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L and Municipal Code 20.30.130.
15. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way could
be required at the discretion of the Public Works Inspector.
16. All on -site drainage shall comply with the latest City Water Quality requirements.
17. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at property line.
18. Prior to recordation of the parcel map, per Chapter 13 of the City Municipal Code, a
36 -inch box Southern Magnolia (Russett) street tree shall be planted along the Acacia
Avenue frontage.
19. Prior to recordation of the Parcel Map, a park dedication fee for one dwelling unit shall
be paid in accordance with Chapter 19.52.070 of the Newport Beach Municipal Code
and pursuant City Council Resolution No. 2007 -30.
20. Prior to recordation of the Parcel Map, a housing in -lieu fee for one dwelling unit shall
be paid in accordance with Chapter 19.54.050(D) of the Newport Beach Municipal
Code and pursuant to City Council Resolution No. 2010 -44.
21. Subsequent to recordation of the Parcel Map, the applicant shall apply for a building
permit for a description change of the subject project development from "duplex" to
"condominium." The development will not be condominiums until this permit is
finaled. The building permit for the new construction shall not be finaled until after
recordation of the Parcel Map.
22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the 606 Acacia
Avenue Parcel Map including, but not limited to, Parcel Map No. NP2013 -014
(PA2013 -125). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by applicant, City, and /or the parties initiating or bringing such
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Zoning Administrator Resolution No. ZA2013 -0 ##
Page 9 of 9
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set
forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this
condition.
23. This Parcel Map shall expire if the map has not been recorded within 24 months of the
date of approval, unless an extension is granted by the Community Development
Director in accordance with the provisions of Section 19.16 of the Newport Beach
Municipal Code.
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IS
10
Attachment No. ZA 2
Vicinity Map
-17
m
VICINITY MAP
Tentative Parcel Map No. N P2013 -014
PA2013 -125
606 Acacia Avenue
-9
20
Attachment No. ZA 3
Project Plans
2-1
22
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2013 -102
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-- — - — - — - —
- -- - - - - -- - - --
100:33f1 8" VCP sewer on centerline 100.54n
ALLEY
Traverse PC
Prepared in the office of
Leonard C. Stiles pls 5023
I STILES SURVEYING
2209 Carrie Avenue Orange, CA 92867
714 - 538 -4276 Fax 714 - 289 -4442
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100:33f1 8" VCP sewer on centerline 100.54n
ALLEY
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Prepared in the office of
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I STILES SURVEYING
2209 Carrie Avenue Orange, CA 92867
714 - 538 -4276 Fax 714 - 289 -4442
2S
Additional Materials Received
Mosher Comments for Items B, 1, 2, 3, 4, 5
August 15, 2013 Zoning Administrator agenda comments - Jim Mosher Page 2 of 5
b. If additional adjustments to 650, or the other legal lots, are necessary to make
them conform to the actual pattern of development, how does this action impact
them?
2. In the oposed resolution, I do not understand how required Finding C can be made.
After this ction legal lots 648 and 649 (Parcels 1 and 2) will be consistent with the
regulations, ut the surviving legal lot 650 will be reduced to half its present width, which
certainly less nforming than it is now.
3. As Section 1.4 in ates, the properties are in the Coastal Zone, and a reminder that an
application for a Coa tal Development Permit is needed to determine consistency with
the Coastal Act (include whether the adjustment is consistent with the dwelling units
per acre requirement cite n Section 1.4 — something that is not addressed in the
resolution or staff report) sh Id be included as a Condition of Approval.
4. Regarding Condition of Approva , are there any other benefit/development fees (parks,
affordable housing, etc.) required i new dwelling unit is developed (see, for example,
Conditions 15 and 16 to Item 2)?
Item 2. 416 Orchid Parcel Map (PA2 13 -124)
1. In the Discussion portion of the staff report, do the statement regarding the square
footage of the previous single family residence (b ttom of page 1) refer to the entire
residence, or to the garage only?
2. With regard to Conditions 15 and 16, wasn't the require ent to pay these fees triggered
by the approval to develop a duplex?
a. The staff report (page 3), says "these fees are subject change and the
tentative parcel map is subject to conditions of approval t require the applicant
to pay the fees in- effect at the time of payment, not those in ffect at the time of
approval." But, there is no language about the timing of the p ments in the
Conditions of Approval as written. Does there need to (or shoul ere ?) be?
3. Also, is there a separate "Fair Share" fee involved (see Condition 3 of Item ?
Item 3. 606 Acacia Parcel Map (PA 2013 -125)
This is essentially the same staff report and proposed resolution as for Item 2, so the
same comments apply.
2. In addition, with regard to Finding K, Comment 3 for Item 1 (above) about the Coastal
Act requirements applies, and again neither the staff report nor the resolution indicates
what the resulting number of dwelling units per acre will be.
3. Condition of Approval 11 is slightly ungrammatical. It was probably meant to say
something like: "Prior to recordation of the parcel map, install new sod or low
groundcovers of the type approved by the City throughout the portion of Acacia Avenue
fronting the development site." ( ?)
Additional Materials Received
Mosher Comments for Items B, 1, 2, 3, 4, 5
August 15, 2013 Zoning Administrator agenda comments - Jim Mosher Page 3 of 5
4. Condition 18, requiring planting of a Southern Magnolia (Russett) tree in the public
parkway, would appear to be in conflict with NBMC Section 13.08.020. That section
restricts the trees that can be legally planted in the parkway to those appearing on the
Official Tree List on file with the City Clerk. According to that list, the Official Tree from
400 to 700 Acacia is an Acacia, specifically "Acacia c. 'Emerald Cascade'-- RIVER
WATTLE."
a. Whatever the correct species, "Chapter 13 of the City Municipal Code" should
read "Title 13 of the City Municipal Code."
b. As far as I know there is no requirement for a 36 -inch box in Title 13. 1 believe
that is a requirement for citizen - initiated reforestation requests (that is, for
applicant- funded replacement of existing healthy City trees) found in City Council
Policy G -1. The general planting requirement for parkway trees in Council Policy
G -6 is for 24 -inch boxes.
m 4. 1301 Dove Street Comprehensive Sign Program (PA2013 -063)
For cbqsistency of planning, I think the request being considered here would be better
address through a proposal to change the sign standards in the Newport Place Planned
Community evelopment Plan (PC Text), rather than through creation of individual, and
possibly incons" tent, sign programs within what is supposed to be a planned community.
As to the proposed Resolution:
1. In Section 1.4.a:'1,T6 allow two monument signs (Sign Type 1) to increase exceed the
sign height limit by oqe foot."
2. In Section 1.4.b: "To allo one address sign (Sign Type 2) to crease in the 4n are
of 46 square feet (6 ft x 7.6 to be mounted onto the building canopy. The type and
size of the proposed sign are n specifically permitted by the PC Text, however, they
are limited to a maximum of 72 sLre hes and 8 inc hes in height for letters and
individual numbers pursuant to th Code. The purpose of the request is to
provide patrons better visibility in identifyinq the building address and entry
point to the building."
a. The change from 72 square inches to 46 uare feet seems like a tremendous
increase to me, and I'm not convinced it's ju ied or consistent with other
buildings in the area: the address sign shown o handwritten page 30 seems
grossly out of scale with the architecture of the entr ce canopy, certainly from
the vantage point illustrated on page 42 (that is, it see s much larger than
necessary to achieve its purpose). See also comment 6 elow.
3. In Section 1.4.c: "To allow five directional signs (Sign Type 3) to i,�!xceed the
sign height limit by 2 feet for a total of 6 feet."
a. Exceeding the height limit raises concerns that these might restrict sig lines
and visibility both for motorists and pedestrians. That this is a valid conc
seems to be acknowledged in Condition of Approval 4.