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HomeMy WebLinkAbout1999-01-05; Planning Commission; ; ZCA 99-07|LCPA 99-07 - BASEMENT DEFINITION REVISIONA REPORT rOTiifflANNiNGCoMMISSIONi¢ P.C. AGENDA OF: January 5, 1999 ItemNo. @ Application complete date: November 17, 1999 Project Planner: Eric Munoz Project Engineer: N/A SUBJECT: ZCA 99-07/LCPA 99-07 -BASEMENT DEFINITION REVISION - Amendment to the Zoning Ordinance and the City's Local Coastal Program to revise the current citywide '-'basement" definition as contained in Section 21.04.045 of the municipal code. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4706 and 4707, RECOMMENDING APPROVAL of Zone Code Amendment ZCA 99-07 and Local Coastal Program LCP A 99-07, based on the findings contained therein. II. INTRODUCTION The current "basement" definition was established as part of the comprehensive building height regulations that were approved by the City in 1991 and 1992. Those new regulations revised the methodology for measuring building height, re-established the permitted heights for various zones, and addressed a variety of building height related issues. The "basement" definition was revised to clarify the point of building height measurement when basement areas are involved. The current definition, in general terms, requires that more of the "basement" area be below existing as opposed to above existing grade. In other words, a "basement" area is required to be more submerged than emerged relative to the existing grade around the perimeter of an existing or proposed structure. The element of the current definition that is proposed for amendment is the requirement that the above described "basement" criteria apply to fifty percent (50%) of the perimeter of a given structure. Minimal compliance with this definition would result in a structure that has two of its four sides compliant with the "basement" definition. Over time, certain projects have developed in accordance with the existing definition and it is staffs determination that the definition needs to become more restrictive so that at least three sides of a four sided structure with a basement complies with the "basement" definition. Therefore, the proposal is to increase the fifty percent compliance requirement to seventy-five percent (75%). The long term effect of this change will result in future basement designs that are. truly subterranean, and the percentage of the structure that need not comply with the "basement" definition is reduced from 50% to 25%. Attached to this staff report is a strike-out version of the proposed ordinance change. 0 ZCA 99-07 /LCPA 99-07 Bn.~EMENT DEFINITION REVISION January 5, I 999 Page2 III. PROJECT DESCRIPTION AND BACKGROUND As described above, the need to refine the ''basement" definition has been evident for some time. However, subsequent to the City Council's recent approval of the Commercial/Visitor-Serving Overlay Zone in May 1999, staff was directed by the Council to carry through some identified and adopted follow-up items. One of the directed follow-up items was to revise the basement definition so that 75% of a structure's basement area had to comply with the "basement" definition, not just 50%. • Part of the justification for City Council's direction is the fact that underground parking areas, which must qualify as "basements" to not be considered a "story" may become more desirable for certain parcels within the Overlay Zone. Revising the definition now will allow for the revision to be codified and in place for future projects. IV. ANALYSIS 1. Does_ the proposed amendment resolve the concerns associated with the current ''basement" definition? 2. Is the proposed zone code amendment consistent with the City's General Plan and Local Coastal Program? DISCUSSION "Basement" Definition As previously explained, the basic "basement" definition must currently apply to 50% of a structure's perimeter. The proposal is to require that the definition apply to 75% of a structure's perimeter. The concern with the current definition is that only half of typical four sided structure needs to comply with the definiti~n; which would give the other half of the structure a higher appearance. The proposal would require more of a given structure with a ''basement" to be located below grade, which is the basic intent and objective of a basement area. General Plan and LCP Consistency The proposed "basement" definition revision does not alter any General Plan or LCP land use designations or policies. The proposed "basement" definition is more restrictive than the current definition and will promote future basement designs whereby more of an overall structure's basement area will be located below grade as opposed to above grade. Citywide, this will help to implement the objective for allowing and regulating ''basement" areas. Coastal policies will not be impacted and there wi11 be no impacts to coastal resources from the proposed revision to the "basement" definition. Staff anticipates that the Executive .Director of the Coastal Commission will approve the proposed zone code changes as a "de minimus" amendment. ZCA 99-07/LCP A 99-07 :bASEMENT DEFINITION REVISION January 5, 1999 Page3 v. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State (;EQA Guidelines and will not have any adverse significant impacts on the environment. Section 15061(b)(3) exempts projects which can be seen with certainty, will have no possibility of • having a significant environmental impact. The proposed ''basement" definition revision qualifies for this exemption because the change to make the definition IJlOre restrictive will not create environmental impacts when applied to applicable projects in the future. • ATTACHMENTS: 1: Planning Commission Resolution No. 4706 (ZCA) 2. Planning Commission Resolution No. 4707 (LCPA) 3. Strike-out Version of Proposed Ordinance Change EM:mh • STRIKE-OUT VERSION OF PROPOSED ORDINANCE CHANGE REVISED BASEMENT DEFINITION: (Strike-out text to be deleted, bold text to be added) 21.04.045 Basement. "Basement" means that portion of a building between floor and ceiling which is partly below and partly above grade as measured along the exterior (immediately outside of "building coverage") perimeter of the structure but so located that the vertical distance from exterior grade to the adjacent interior floor below is more than the vertical distance from exterior grade to adjacent interior ceiling. This definition must apply to a minimum of fifty seventy-five percent of the perimeter of building coverage for a structure to qualify as a basement. The portion of a basement that is below existing grade is not included in the measurement of building height ( as • defined in Section 21.04.065).