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2009-06-03; Planning Commission; ; ZCA 08-01| LCP A 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT
• • The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 0 Application complete date: NIA P.C. AGENDA OF: June 3, 2009 Project Planner: Corey Funk Project Engineer: NIA SUBJECT: ZCA 08-01/ LCP A 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT -A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definition and other related amendments to the Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6565 and 6566 RECOMMENDING APPROVAL of ZCA 08-01 and LCPA 08-02 based on the findings contained therein. II. INTRODUCTION This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to: (1) amend the method for calculating building height, as found in the "Building Height" definition in the Definitions Chapter (CMC 21.04) of the Zoning Ordinance, and; 2) amend the following related definitions for consistency: "Basement", "Grade" and "Underground Parking". The amendment proposes to clarify how height is to be measured and does not change the maximum building height limit in any zone. This proposal is consistent with the applicable portions of the General Plan and internally consistent with the Zoning Ordinance and the Local Coastal Program (LCP). With regard to the LCP amendment, the Zoning Ordinance is the implementing ordinance for the LCP; therefore an LCP amendment is necessary. III. PROJECT DESCRIPTION AND BACKGROUND This proposed Zone Code Amendment and Local Coastal Program Amendment consists of amendments to the following zoning definitions: CMC Sec. 21.04.045 -Basement, CMC Sec. 21.04.065 -Building Height, CMC Sec. 21.04.160 -Grade, and CMC Sec. 21.04.360 - Underground Parking; and the following new definition is proposed: CMC 21.04.161 -Grade, finished. The purpose of the amendment is to resolve ambiguities and confusion with the existing method of measuring building height, especially as it relates to buildings with exposed basements on sloping topography, and to provide clarification that building height should be measured at all points along the perimeter of the building coverage. • • ZCA 08-01/LCPA 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2009 Pae 2 The objectives of the proposed amendment is as follows: A. Simplify the method for calculating maximum building height. B. Clarify that exposed exterior walls of basements are included in the building height measurement. C. Exempt the entrance to underground parking from inclusion in the measurement of height. D. Clarify when existing and finished grades are to be used for measuring building height. E. Modify other zoning definitions for consistency with the proposed amendment. Graphics have been included with this report to help illustrate the proposed text changes (see the attached Figures 1 -4A). Following approval of the proposed amendments, staffs intent is to provide these graphics as a handout available to the public at the Planning Department counter and website. Prior to scheduling this proposed Zone code amendment for public hearing, staff distributed draft ordinance text revisions to members of the development community (i.e.; t~e Chamber of Commerce, BIA, Architects, Developers, and Planning Consultants) for review, comment and input. The comments received are included in the attached Exhibit B. In addition, notification of the proposed amendment was published in the North County Times and Coast News on April 17, 2009, and copies of the proposed amendment were provided at the Planning Department counter for public review. IV. A. ANALYSIS Simplify the method for calculating maximum building height. The existing definition of building height takes measurements of a building from all points at grade along the perimeter of the building coverage, and all points within the building coverage. For a sloping lot with varying topography, height measurements within the building coverage are difficult to implement because the grade points must be projected horizontally through the inside of the building, and height measurements taken from these projected points. Furthermore, for points within the building coverage, the existing code definition did not distinguish whether to measure from the existing or finished grade. Also, the existing code definition states that height shall be measured to the highest point of the structure "directly above that point of measurement" as well as "to the peak of the structure", which can allow different interpretations. The proposed amendment will require height to be measured from all points at grade along only the exterior perimeter of the building coverage. Height is always measured from lowest of finished or existing grade (unless the project includes a discretionary permit, see item D below). The amendment proposes to measure height up to an imaginary "warped" plane located above, and parallel to, the grade; and at the height limit of the underlying zone. A proposed building must fit between the grade and the warped plane that parallels the grade and represents the height limit of the zone. Building height regulations are primarily concerned with the visible exterior ZCA 08-01/LCPA 08-02 -HIDING HEIGHT ZONE CODE AME,MENT June 3, 2009 Pae 3 portion of the building, not the inside of the building, and whether the building fits under the height limit, not the precise measurement of the building itself. This is how building height is typically implemented and shown on architectural plans, and the proposed amendment provides clarity and s-implici_ty on this issue. B. Clarify that exposed exterior walls of basements are included in the building height measurement. CMC Section 21.04.065.a.3 of the existing "Building Height" definition currently requires height measurements to include basements and subterranean areas that are exposed above existing grade, and excludes areas below existing grade. There are instances on sloping lots where basement walls are exposed above a new finished grade, and this new finished grade is lower than the original existing grade, and thus potentially exempted. This is counter to the intent of this code section, and has resulted in confusion and difficult implementation. This amendment proposes to delete CMC Section 21.04.065.a.3 and replace it with new language in CMC Section 21.04.065.a.l that clearly describes what is included in building height. This proposed language clarifies that .any portion of a building, including basements and subterranean areas, are included in building height if they are exposed above either finished or existing grade, whichever is lower. The only portions of a building excluded from the height measurement are the portions below grade and not visible, and protrusions above height limits as allowed by CMC Section 21.46.020. Additionally, compared to the existing language, this change will further encourage building mass to follow the slope of topography. C. Exempt the entrance to underground parking from inclusion in the measurement of height. The proposed amendment measures height from all points at grade along the perimeter of the building coverage from the lower of finished or existing grade, and includes all basements or subterranean areas exposed above grade in the height measurement. This creates a problem for the entrance to underground parking, as the excavated portion of the building face where the garage entrance is located would be included in height. In order to avoid discouraging underground parking, for structures that qualify as "Underground Parking", the proposed exemption would allow the vertical area of a building face that is minimally necessary to provide vehicle access to underground parking to be exempt from the height measurement. For the vehicle entrance portion of a building, height would be measured from the nearest grade elevation that is both immediately adjacent to the underground parking structure and the area of the vehicle entrance. This adjacent grade would be projected over the area to be excavated for the vehicle entrance, and height would be measured from this projected grade. D. Clarify when existing and finished grades are to be used for measuring building height. Existing regulations require that building height be measured from the lower of finished or existing grade, except for approval of a discretionary permit which allows the use of a finished grade that may be higher than the original existing grade ( as in the situation of grading building ZCA 08-01/LCP A 08-02 -HIDING HEIGHT ZONE CODE AME,MENT June 3, 2009 Pa e4 pads). No changes to this concept are proposed by this amendment. However, two considerations are proposed when approving a grade that is higher than the existing grade: (1) compatibility of the proposed grading with the topography of the site and surrounding properties, and (2) standards for access, utilities and drainage. Additional changes have been added for clarity, and the reference to August 1, 1991 was removed as it refers to projects that were in process at the time of a previous zone code amendment and does not affect current development situations. Also, the current definition for "Grade" was replaced by two definitions for consistency with the proposed amendment: "Grade, existing" and "Grade, finished". E. Modify other zoning definitions for consistency with the proposed amendment. Various changes are proposed to the "Basement", "Building Height" and "Underground Parking" definitions (CMC Sections 21.04.045, 21.04.65 and 21.04.370 respectively) for clarity, such as locating all descriptions of what part of a structure are included in building height only in the Building Height definition (CMC Section 21.04.065). A second proposed modification for "Basement" is designed to resolve the following problem: the current standard requires the "Basement" definition (that more basement wall be located below grade than above) to apply to 75% of the building coverage to qualify this part of the structure as a basement; however, if the floor area of a basement is much smaller than the floor area of the building above, the 7 5% calculation is impossible to meet. The intent of this section is that 75% of the perimeter of the basement meets this definition, and the proposed wording reflects this intent. F. General Plan, Zoning Ordinance and Local Coastal Program Consistency The purpose of the proposed Zone Code Amendment and Local Coastal Program Amendments is to resolve ambiguities and provide clarification for the method used to calculate building height. Building height regulations are one tool that the City uses to ensure that development provides both a pleasing visual form and compatibility with existing neighboring development, consistent with the General Plan. Though there are no policies in the General Plan that specifically relate to the measurement of building height, the proposed amendments do not conflict with any goal, objective or policy of the General Plan, and improved clarity and consistency for building height regulations will further the goals and objectives of the General Plan. With regard to the Zoning Ordinance, the proposed amendments to the Definitions Chapter will not create any conflicts with the provisions of the Zoning Ordinance. The proposed amendment will correct existing inconsistencies and ensure that new inconsistencies do not occur. With regard to consistency with the Local Coastal Program, as mentioned earlier in this report, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance. The proposed amendment will not result in any conflict with the provisions of the LCP. ZCA 08-01/LCPA 08-02 -BIDING HEIGHT ZONE CODE AME,MENT June 3, 2009 Pae 5 V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that ther~ is no possibility that the activity in question may have a significant effect on the environment." Clarifying the method for calculating building height, which portions of a building are included in the building height, and which grade to use when calculating building height are minor changes to the Zoning Ordinance that will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 6565 (ZCA) 2. Planning Commission Resolution No. 6566 (LCP A) 3. Exhibit "A" strike-out and underline version of the proposed Zoning Ordinance text amendments 4. Figures 1 -4A Illustrative Graphics 5. Exhibit "B" Comments received for ZCA 08-01 I LCPA 08-02 from the development community. 6. Exhibit "C" Staff Response to Comments • EXHIBIT A • ZCA 08-01/LCPA 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS Sections: 21.04.005 Provisions not affected by headings. 21.04.010 Tenses. 21.04.015 Number. 21.04.020 Accessory. 21.04.021 Affordable housing. 21.04.025 Alley. 21.04.030 Apartment. 21.04.035 Apartment house. 21.04.036 Aquaculture. 21.04.040 Automobile wrecking. 21.04.041 Bar or cocktail lounge. 21.04.045 Basement. 21.04.046 Bed and breakfast uses. 21.04.048 Biological habitat preserve. 21.04.050 Block. 21.04.055 Boardinghouse. 21.04.056 Bona fide public eating establishment. 21.04.057 Bowling alley. 21.04.060 Building. 21.04.061 Building coverage. 21.04.065 Building height. 21.04.070 Building, main. 21.04.075 Building site. 21.04.080 Business or commerce. 21.04.085 Cellar. 21.04.086 Child day care center. 21.04.090 Club. 21.04.091 Coin-operated arcade. 21.04.093 Commercial living unit. 21.04.095 Commission. 21.04.098 Common wall. 21.04.099 Community development director. 21.04.100 Court. 21.04.105 Dairy. 21.04.106 Delicatessen. 21.04.107 Development (in the coastal zone). 21.04.109 Drive-thru restaurant. 21.04.110 Dump. 21.04.115 Dwelling. 21.04.120 Dwelling unit. 21.04.125 Dwelling, one-family. 21.04. 130 Dwelling, two-family. 21.04.135 Dwelling, multiple-family. 21.04.137 Educational facilities, other. 21.04.140 Educational institution or school. 21.04.141 Escort service. 21.04.142 Factory-built housing. 21.04.145 Family. 21.04.146 Family day care home. 21.04.147 Family day care home, large. 21.04.148 Family day care home, small. 21.04.149 Employer-sponsored child day care center. 21.04.150 Garage, private. 21.04.155 Garage, public. Chapter 21.04 DEFINITIONS 1 21.04.156 Gas station. 21.04.160 Grade, existing. 21.04.161 Grade, finished. 21.04.165 Guest house or accessory living quarters. 21.04.166 Hazardous waste. 21.04.167 Hazardous waste facility. 21.04.170 Hospital. 21.04.175 Hospital, mental. 21.04.185 Hotel. 21.04.186 Household--Low-income. 21.04.187 Household--Moderate-income. 21.04.188 Household--Very low-income. 21.04.188.1 Incidental outdoor dining areas. 21.04.189 Income level--Target. 21.04.190 Institution. 21.04.195 Kennel. 21.04.200 Kitchen. 21.04.202 Level. 21.04.203 Liquor store. 21.04.205 Lodginghouse. 21.04.210 Lot. 21.04.215 Lot area. 21.04.220 Lot, comer. 21.04.222 Lot coverage. 21.04.225 Lot depth. 21.04.230 Lot, interior. 21.04.235 Lot, key. 21.04.240 Lot line, front. 21.04.245 Lot line, rear. 21.04.250 Lot line, side. 21.04.255 Lot, reversed comer. 21.04.256 Lot--Planned unit development (PUD). 21.04.260 Lot, through. 21.04.263 Lot width. 21.04.265 Mobile building. 21.04.266 Mobile home. 21.04.267 Mobile home accessory structure. 21.04.268 Mobile home lot. 21.04.269 Mobile home park. 21.04.270 Modular building. 21.04.273 Motel. 21.04.275 Nonconforming building. 21.04.280 Nonconforming use. 21.04.285 Outdoor advertising display. 21.04.290 Outdoor advertising structure. 21.04.291 Pawnshop. 21.04.292 Planning director. 21.04.293 Poolhall or billiard parlor. 21.04.295 Professional care facility. 21.04.297 Public and quasi-public office buildings and accessory utility buildings and facilities. 21.04.298 Recreational vehicle (RV). 21.04.299 Recreational vehicle (RV) storage. 21.04.300 Residential care facility. 21.04.301 Secondhand or thrift shop. • EXHIBIT A • ZCA 08-01/LCPA 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS 21.04.302 Satellite television antenna. 21.04.303 Second dwelling unit. 21.04.305 Sign. 21.04.306 Space or structure, habitable. 21.04.307 Specified hazardous waste facility. 21.04.310 Stable, private. 21.04.315 Stable, public. 21.04.320 Stand. 21.04.325 State freeway. 21.04.330 Story. 21.04.335 Street. 21.04.340 Street line. 21.04.345 Street, side. 21.04.350 Structural alterations. 21.04.045 Basement. 21.04.355 Structure. 21.04.356 Tattoo parlor. 21.04.357 Time-share project. 21.04.360 To place. 21.04.370 Underground parking. 21.04.375 Use. 21.04.376 Useable living area. 21.04.378 Veterinarian and small-animal hospital. 21.04.379 Wireless communication facility. 21.04.380 Yard. 21.04.385 Yard, front. 21.04.390 Yard, rear line ofrequired front. 21.04.395 Yard, side. 21.04.400 Zoo, private. "Basement" means that portion of a building between floor and ceiling which is completely or partially below partly below and partly above grade the existing grade or finished grade, whichever is lower, as measured along all points of the exterior (immediately outside of "building coverage") perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04.061), 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 seventy-five percent of the perimeter of the basement building coverage for that portion of a building 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). Notwithstanding Chapter 21.48 of this code, existing buildings and projects which have a complete application or received discretionary approvals by January 25, 2000, or if no discretionary approvals are required, then development projects for v1hich a building permit has been issued by January 25, 2000, shall not be considered nonconforming. (Ord. NS-532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) 21.04.065 Building height. (a) The height ofa building shall be measured as follmvs: f-liA. "Building height" is limited to means the vertical distance of a structure measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the "building coverage", that is equal to the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. the more restrictiv:e (lowest) of finished or existing grade. The vertical distance is measured from all points at grade along and v1ithin the building coverage to the highest point of the structure directly above that point of measurement. 2 1. (2) 2. • EXHIBIT A • ZCA 08-01/LCPA 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS "Building height" includes: a. b. All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but is not limited to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above existing grade or finished grade, whichever is lower, and the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of an "underground parking" structure entrance (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the "underground parking" structure. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. "Existing grade," for the purposes of measuring building height, means the ground level elevation ,,vhich existed on or before .A.ugust 1, 1991 and prior to any grading or other site preparation related to, or to be incorporated into, a proposed nevi' development or alteration of existing developments unless a discretionary permit for such developments or alterations is approved. In that case, existing grade shall mean the grade after the property is developed or improved in accordance with the grading plans vmieh implement the approved discretionary permit. If a discretionary permit for a development or alteration of an existing development is approved, and such approvai includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the site, compatibility with the existing grade of adiacent and surrounding properties, and the need to comply with required access, utility and drainage standards. __ 3. ___ Fer When nondiscretionary permits allow \¥here retaining walls, fill or other grading, which are utilized to create!! finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading. existing grade as defined in this subsection and as determined by the planning director, then building height shall be measured from existing grade. existing grade shall be 3 (3) (4) • EXHIBIT A • ZCA 08-01/LCPA 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS used in the determination of building height. Building height measurements include basements and other subterranean areas that are above existing grade. In the case of basements, cellars and underground parking, building height is measured from existing grade, e~wluding the area below existing grade. Building height is measured to the peak of the structure. Per Section 21.46.020 of this title, protrusions above height limits may be allo1.ved. (Ord. NS-675 § 1, 2003; Ord. NS-204 § 2, 1992: Ord. NS-180 § 3, 1991: Ord. 9667, 1983: Ord. 9498 § 1, 1978: Ord. 9141 § 1: Ord. 9060 § 212) 21.04.160 Grade, existing. "Grade" means the average of the finished ground level at the center of all w:alls of a building. In case 1.valls are parallel to and 1.vithin five feet of a side\valk, the aboveground level shall be measured at the sidewalks. For the purposes of measuring building height, "grade" means the ground elevations along and 1vvithin the area of building coverage. "Existing grade," for the purposes of measuring building height, means the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. (Ord. NS-180 § 4, 1991: Ord. 9060 § 231) 21.04.161 Grade, finished. "Finished grade", for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. 21.04.370 Underground parking. "Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area is below existing grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045. Underground parking areas are e~rnluded from the measurement of building height. Ho1.vever, in the case where underground parking is not completely underground, building height vt'ill be measured from existing grade so that the portion of the parking structure above existing grade is part of the building height. (Ord. NS-204 § 3, 1992: Ord. NS-180 § 8, 1991) 4 HEIGHT LIMIT HEIGHT LIMIT HEIGHT LIMIT r------ 1 --------------------------------~ DD D D 9 [ EXISTINGK:iRADE mm _ . J~L-+--~-~ y --~ ,..,. __ -:-c:.-c-77. _._.-:-:·.-·:-:".--.:---:-.:::.:-7'.:::::.7::. ::~:-~ :-:-:7 _: .. .-::-:. -: :-:/. ::.:-: : ::_: :::-..::_ c;y.r.A:RE~. :::::: ··.-:l .·: :·.: .... -:-...... ml '----FINISHED GRADE FIGURE#! CUT GRADING HEIGHT LIMIT ----------------------------- FINISHED GRADE Im HEIGHT LIMIT HEIGHT LIMIT ------------------ DD D D 9m·m E1 E1 ___ ~~·~ l 21zc•c_±•i~1r&•·••••-1111•xc112~~:~:::~~iL~·0 • 0 ~·~·~t~·~-:~S~GGRADE FILL GRADING WITH A NONDISCRETIONARY PERMIT --------- HEIGHT LIMIT ,,,.-------x----_J _,,. EXISTING GRADE ~ HEIGHT LIMIT --r--________ _J m -.-.-:-·.·· 1·. '----CUT AREA HEIGHT LIMIT HEIGHT LIMIT ----------------- ------------ DD Dm D ~ I I I I DAYLIGHT BASEMENT r -----------J I I I I EXISTING GRADE ------------------------------~ '----CUT AREA FIGURE#3 HEIGHT LIMIT WITH SLOPED TOPOGRAPHY AND DAYLIGHT BASEMENT STREET GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS---~ PROPERTY LINE EXEMPTED AREA IS SHADED HEIGHT LIMIT HEIGHT LIMIT HEIGHT LIMIT DD D D ' 9mm n D I UNDERGROUND I PARKING I ~--FINISHED GRADE I ------------------------------~ FIGURE#4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING HEIGHT LIMIT HEIGHT LIMIT HEIGHT LIMIT DD D D ~ !~ [@} D D ......... L I . VEHICLE ENTRANCE I : ···TO UNDERGROUND GRADE IMMEDIATELY I :: : • •• :.: PARI<.ING::::. • : ADJACENT TO VEHICLE I l _ -----:·: :·.-:·:·:•:•::::::)::::::·:--·--:·:--:·:·--. ... ----~~c~~ --------J FIGURE#4A EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING ~--FINISHED GRADE • • Exhibit B -Comments received for ZCA 08-01 / LCPA 08-02 from the development comml.tflft-y- Hi Cory I reviewed the package re: bldg ht changes, and it is clear that this effort is intended to codify the preferred interpretations over time of height when combined with basements. We understand and also support the change since the clarity of these situations is now improved as far as code allowance and bldg ht measurement methodology. The only comment I have, based on my review and also from both public sector and private sector use of the code re: bldg ht, is to clarify that building height limitations do not apply to allowed protrusions above building height, as outlined in 21.46.020, As you know, Yards is an interesting chapter of.the zoning ordinance, and having the allowed protrusions above building height tsolated in this chapter could benefit from an appropriate reference in the baseline building height definition/methodology as contained in 21,04.065. Hope this helps; and thank you for the opportunity to review this draft ... brings back a lot of good memories. Thanks again and let me know what you think about a reference to allowed protrusions. EM Eric Munoz Director of Planning Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 direct phone: 760,692.4011 Gary Cohn (phone conversation comments, see also the attached written comments submitted by Gary Cohn) Wording of height definition (21.04.065.A) does not match drawing (see Figure 3). Wording suggests that we will measure the lowest topography point to the highest point of the structure, even if the topography is sloping. • • The graphics are in 2-D, what happens if there is a cross slope (grade elevation on the other side of the house is higb!.!:.£!:_!gwer)? Best height codes use warped plane idea (imaginary plane at height limit that follows every point of existing grade). Using grade around footprint to create warped plane is fine too, but what happens if the points inside the footprint vary drastically in elevation. You need to connect the lines projected above the footprint somehow. Rod Wright/ Sillman Wright Architects Because the 21.04.065.a.4 was removed (which refers to section allowing protrusions above height), it is now unclear or raises the question as to whether there are any allowed protrusions above height limits. Clarified that the protrusions in the P-M zone for architectural towers are still allowed. Corey, Gary Baker, who does a lot of our design work in Carls.bad has responded below. Sorry I am so late in getting this to you. Mark Langan Vice President Smith Consulting Architects (858) 793-4777 From: Gary Baker Sent: Wednesday, April 29, 2009 2:57 PM To: Mark Langan Subject: Comments for Proposed Amendments to the "Building Height" definition. Thank you for asking, I appreciate the opportunity to provide feedback. I believe the revisions add clarity in two ways. 1. to the general understanding of the definition of height ,and, 2. to the impact a discretionary permit can have on the development and impact the building height. For the discretionary permit, I assume you are intentionally leaving the building height baseline open for review. I like the flexibility, on the other hand the ambiguity makes predesign and early decision making on a project more difficult. If planning feedback is available early in the design stage, and the early stage planning feedback on height can be relied upon, I like the changes. I would like to add one area where I disagree with the planning/zoning department on building heights: Overlay zone Q(Ch 21.06, I believe). • • My concern is the "1 foot increase in building setbacks for every 1 foot the building height exceeds 35" portion of the code. This results in a reduction of useable land, and I believe, unfairly reduces the floor area of a 3 story building. We have been fighting this on projects for a while as cost of land increases which forces projects to go vertical. I believe there should be some flexibility in this policy given topography, views from surrounding areas, etc. Thank you. Gary R Baker, Architect VP Design Services, LEED AP Smith Consulting Architects 12220 El Camino Real, Suite 200 San Diego, CA 921"30 858-793-4777 fax 858-793-4787 garyb@sca-sd.com 78-000 Fred Waring Drive, Suite 201 Palm Desert, CA 92211 760-797-1377 fax 760-269-3889 Please consider. the environment before printing this email. Per our telephone conversation of a few days ago, my office has reviewed the Building Height ZCA mods proposed by City Staff. / The only comment we have is that Fig. #2 doesn't seem to be wholly in accordance with proposed wording for 21.04.065(2), which says that if an approved grading plan shows a higher finished grade, then the building height is measured from the approved finished grade. As long as it is clear.that on pads that have been approved (such as in master plans, with mass grading associated with m~ster tent. maps), that the building height is measured from finish pad grade, If you confirm that this is correct, then we will send you an email in support of the ZCA. Paul J. Klukas PLANNING SYSTEMS 1530 Faraday Ave. #100 Carlsbad, CA 92008 (760) 931-0780 ph pklukas@planningsystems.net Below are comments regarding the proposed changes to the regulations, • • 21,04.065 A, (or21.04.161)-it might be helpful to establish a width ( +/-3'?) for the "grade" (existing or finished) perpendicular to the building in order to avoid mounding up to the edges of the building back to the" existing grade". 21, 04. 065 A. 1. a. -Please define how much "minimally necessary" is regarding "underground parking" entrances. Also is there a way to minimize having a series of holes or driveways that disappear into underground parking, along the street. I can imagine in Narrow lots the entire front yard will be a hole (see figure 4). Perhaps requiring the driveway to the entrance to the underground parking not taking up more than a quarter (ora third) of the lot frontage would help minimize the street front being to disrupted. A couple of examples of what I'm concerned about can be found in my neighborhood: a good example is found on Garfield St. just south of Chestnut, a bad example is found on Oak Avenue just East of Lincoln St, •• 21,04.065 A. (4) -Please keep the part of this section that allows "protrusions" above the height limit. The allowance of stair towers and widows walks and other "architectural" elements helps break down the building mass and creates a more interesting building profile, especially since mostof us living in Carlsbad are very interested in creating spots within our house where we can get a view (glimpse usually) to the ocean. Hope this helps. Raul F Diaz Roesling Nakamura Terada architects 363 fifth Avenue, 11202 San Diego, CA 92101 (619) 233-1023 -----Original Message----- From: axa@atelierxarchitects.net [mailto:axa@atelierxarchitects.net] Sent: Wednesday, April 29, 2009 9:49 PM To: Raul Diaz Subject: Fwd: Proposed revisions to building height regul~tions Alicia M. Lafferty, AIA Atelier X Architects ZCA0801 Request for Comments.pdf (545.9 Kb) attached image001.png (15,5 Kb) attached Corey, I have reviewed the proposed changes to the ordinance and I am OK with the information as presented. However, I think there needs to be an addition for "Architectural Elements". Either no part of any construction is allowed to go over the height or certain architectural elements may go over the height (Fireplace Chimney's etc ... ). The building code requires these elements to go higher which can and will • • cause confusion in the public between the building code and the ordinance. By not saying anything about these elements, there is some gray areas, I hope my comments help, John (John Beery, architect) Corey, I received your message and email. I took a look at the PDF and I think that the changes make sense and given the fact that you are allowing for flexibility in the measurement from existing and finished grade through a discretionary permit will help to address those tough development projects in the future. Many projects have had significant issue if the difference between existing and finished grade were so large that they could affect the overall site design of the project Thank you. Sean Santa Cruz VP Planning and Development Hallmark Communities, Inc. 740 Lomas Santa Fe Drive Suite 204 Solana Beach, CA 92075 858-481-3310 EXT 122 858-481-6325 FAX Corey Thanks for sending a request for comments on the proposed building height amendments. I have only one comment: 1. 21.04.065, paragraph 2. Near the end of the paragraph it states in part "compatibility with the existing grade of adjacent and surrounding properties". I see this as not clear and could be interpreted many ways. l think you need to define what would make finish grade not compatible so the designers have some guidance. • Please call if you have any questions. Thanks. Bob Robert C. Ladwig President Ladwig Design Group, Inc. 2234 Faraday Avenue Carlsbad, CA 92008 • Ph: (760) 438-3182 Fax: (760) 438-0173 Joel Morris/ T&B Planning No comments. Adam Pevney / Brookfield Homes • No comments, as long as the finished grade can still oe used to calcul,te height with approval of a discretionary permit. Brookfield Homes is production home developer so it normally is mass grading and using the finished grades for new homes. • • (..J.~Q > We.t )-e.r ~SSct.: ~M4'-15 ';/-i7 /o i Draft Building Height Zoning Code Amendment text-Underline I Strike-out version. 21.04.065 Building height. (a) The height of a building shall be measured as follov,·s: ---(lH)A. "Building height" means the vertical distance of a structure measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, along all points of the exterior perimeter of the structure immediatelv adjacent " • • • • " • • 1. "Building height" includes: finished grade, whichever i • • • • is not limited fu,,~a:11 portions of exterior walls of a basemen he~lsubterr ne'!l~~areas that are exposed above existing gra -, 'lower, and tlie11ellposed exterior ortion of a basement Joc~at'fill!bn, the dow hill side of a buiklin on a sloping Jot, but does not include theq;e°ipb~e i;portion of'um~underground parking" structure entrance ( defin • • • ·:· ~--·~::"j~at is mitiiiH'allv necessarv to provide vehicle st}'flffune and "r below the existin or finishe ~-----~--: • d'acent to the "unde discretionary p~jt. -~~~~~~!'\.., \.1~1 . ~ f f 2. 1r'it~discretion 3~:-~. ermit for..a.:develo ment o.r 'alteration of an existin Jv /2 fi It(; 0 IA development is appt()~e'o-, anu1.?stich approval includes a grading plan that sho·ws a finished q 4 / c; f grade higher in elevatiofi\ttirirlP'the existing grade, then building height may be measured fJ C/Y tBI /'1t>p from the approved finishe'i:i11grade. In approving a finished grade through a discretionary ~ f j'( f permit that is higher in elevation than the exi~ting grade, consideration shall be given to the f. " t tr '1 1 natural topography of the site, comj>atibility with the existing grade of adjacent and 5 Y""''tvJ -le surrounding properties, and the need to comply with required access, utility and drainage tvl 41 4/-.. -1 /,'I( ;iv ~ standards. . Jr✓;Jvj r1_ 'flf~ '3 '-1 I ( 'I ~ f~ jl/ '1 "/;f fD 3. Fe!: When nondiscretionary permits allow where retaining walls, fill or other c/r-.j fo, ~ grading, which are utilized to create!! finished grade higher in elevation than the grade that !I ✓,, existed prior to the retaining wall, fill, or grading, existing grade as defined in this subsection ~ e.tr" //1'~4 and as determined by the planning director, then building height shall be measured from ,t, r : existing grade. O'}dsting grade shall be used in the determination of building height. J:.F, -wr, 1 J/~ o.f f/,;/,/~,v~ /1/ee Co/ /J lee/ f;,//4,e /Jr, Corey Funk From: Sent: To: • Steve Wallet [steve@starckap.com] Tuesday, April 28, 2009 11:11 AM Corey FuRlc • Subject: Attachments: 2006080 4/27/2009 Proposed Changes to Bldg Ht and Basement Bldg Height Diagram 4-28-2009.pdf Corey: Thank you for taking the time yesterday to discuss the proposed changes to building height and basement (relevant sections copied below). I understand that the city's means to keep the intent of the previous code, and to simplify and·.clarify. There are two proposed changes: • Building height is not measured at the ramp to underground parking Building height is not measured within the building footprint, but only along the perimeter. I have the following comments: 1. Building height is not measured at the ramp to underground parking Comment A: We think this is a good idea. • 2. Building height is not measured within the building footprint, but only along the perimeter. Comment B: Measuring along the preimeter "up to the highest points of the structure" could be (mis) interpreted to mean that height is measured from the lowest point of grade to the highest points of the structure. Instead of the building height following the topography, this misinterpretation would establish a horizontal maximum height plane based on lowest grade, making it very difficult to design for sloped sites. The diagrams clarify your intent, and I think this is a minor concern. Comment C: As we discussed, the proposed definition and diagrams describe sites that slope in one direction, parallel to the building. I am concerned that this definition is much harder to apply when a site slopes at an angle to the building and/or in multiple directions. See attached (very rough) sketch where using the proposed method on a more complex slope yields 4 different building heights, for a simple building with a hip (pyramid shaped) roof. We suggest that, for complicated slopes, you use the existing method of measuring building height-where we measure to existing grade within the building footprint. We know that it Is complicated, but we can't see any other solution for complex slopes. Perhaps you can add language that allows the existing method as an alternate, at the applicant's choice. Many sites in Carlsbad have these kinds of complex slopes, because the fiat or simply sloping sites have been built on. Please call to discuss. 3. The basement definition mentions "grade", but does state whether this is existing grade, proposed or the lowest of either existing or proposed. Comment D: From our conversation, I understand that the intent is that it be the lower of either, and it was omitted for simplification. At the risk of de-simplifying the wording, I suggest that you add "the lowest of existing or proposed grade" to the definition, to avoid misunderstandings. 1 • • 21.i4,065 Buildirag height. A. 11Buildi11s heigbit'1 means the vortic-nl distance of n structure measured from "existing gmdc'1 (defined: Section 21 .. 04, I 60) or 4~finished grnden (defined: Section 21.04.161 ), whichever is IO\-'Ver, a}o,ng all poin:ts ofth,e exterior perimeter of the structure irnmediliteiy nclj~cent to the 0 buikfo1g coverage" (defined: 21.04.061), up 10 the highest poims of the st!l'ucture. 21.04,-045 Basement. ''Bnsement11 means thnt po11ion of n building between floor and ceiling which ls completely or partially below the grade us measured along all points of the exterior perimeter of the str-ucture immed}ah;ijy udjutent 10 the "bu Uc.ling covernge" ( defined: 21.04 ,061 )► but so locuted that the vertici1I distance from exterior 2 • • grade to the adjacent interior floor below is more than the vertical distnnce from exterior grade to udjnccnt interior ce_ifaig. This definition must apply to a minimum of seventy .. five percent of the pedme1er of the baseme:nt for that portion of a building to qualify ns a basement. (Ord.'NS~S32 § 11 2000: Or,d. NS-204 § l, 1992: Ord. NS-180 § 1, 199 l: Ord. 9060 § 208) I look forward to discussing this further, Steve Wallet Starck Architects (619) 299-7070 x116 3 • • ~ l ~ .. - . ' ... \t \ ~ (; _ ) ~ ~ ~ i{ /' ' 0 ~ \) () "" - = 'F t '~ 'I - . ! ~ I . ½ i 1- 0 1 R t ~ % '- ' i 0 + ' \ 0. ft ' -J - Q ~ i ~ ' ~1 \/ \ ~¥ t • • Corey Funk From: Sent: To: Gary Cohn [gary@cohn-arch.com] Wednesday, April 29, 2009 11 :08 AM Corey-Funk Subject: RE: Proposed revisions to building height regulations CP _underground.pdf; CP _elevation.pdf; CP _site.pdf Attachments: Hi Corey, I am following up on our conversation regarding the proposed height ordinance. I have included some graphics to help illustrate some of my points. The following are the issues as I see them: • • • • • • First the graphics do not match the written language. The text indicates that the height is measured from all points along the perimeter to the highest point of the structure. This would mean that the maximum building height would be from the lowest point along the perimeter to the highest point on the roof. The graphics show measuring to the highest point of the structure in line (or cutting across the building) at any location along the perimeter. This is very different than the text. l think that the text needs to be revised and you need to have a graphic like the site plan (CP _site.pdf) that shows how you measure height along the perimeter. I.e. Building height at point A is the height in line w/ point B cutting across the building. Next, if indeed you do want to measure the height at each point along the perimeter, what happens if the height varies from side to side? In many cases the roof ridge is in the center of the structure; which side do I measure from? I suggest connecting the heights from side to side based upon the maxirpum height at the perimeter. (See graphics CP _elevation.pdf) • . ; ' ' When the text indicates measuring to the roof structure; does that mean plywood or top of roofing material? 'j a-S, Are there any provisions for Chimneys? By California Building Code the opening of the flue needs to be a minimum of 24" higher than any roof within 10'-0" of it. This usually means the top of the spark arrester is about 3'-6" higher than any roof within 10'-0". Most codes allow a provision or exception for chimneys to exceed the maximum building height. Are there any provisions or exceptions for towers or Architectural elements to exceed maximum height? ~ In regard to Underground parking; how·do you determine the "minimum necessary to provide access" in underground parking? Can you slope grade down to the drive? Does it have to be retained? (See underground graphic) How much room can I have on either side of the door? If I can turnaround inside the garage does llJY door/driveway have to be narrower than if I have to backup the driveway? Is there difference between commercial applications and residential? (In commercial the minimum driveway is usually 24'). My suggestion is to address this issue more definitively. I would also allow for slopes as this might be a better design arrangement than walls . . ' In my opinon the best way to measure building height is to copy existing grade up to the maximun building height & require the building roofs to fit under this raised ground plane. I would allow exceptions for chimneys and for abrupt ground abberations within the building foot print (such as a small dip caused by erosion). I hope this is helpful. If I can be of any further assistance please contact our office. Thank you, Gary Cohn Cohn + Associates 380 Stevens Avenue Suite 307 Solana Beach, California 92075 ph 858 755 7308 1 • • ----· <( to \ \ \ • g J_ N I O d 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 • □ □ \, q ' .l N I O d • . ... ·. J .·· , . .. . I I I '1 - - - - - ~ u/ I I I I I • ~~ Svbsp ---------------------~~~~~~---1~' Draft Buildhtg Height Zoning Code Amendment text -Clean version f""' rrr . -V 1- / rJ Fiaure # 's " • • 21.04.065 Building height. A. "Building height" means the vertical distance of a structurt measured ( '" hl ~ ~)Ju from "existing grade" (defined: Section 21.04.160) or "finished grade:>( defin~d: cr,-j, <J. . Section 21.04.161), whichever is lower, along all points of the exterioI(perim.~er of '[1~&2 ~ the structure immediately adjacent to the1;4~uilding ~over~ge'j,\defj!:ed:·2-t:04.061), up & 2 ~_:;~;tu~·e. • ~~ ~ ~ . • '. 1. "Building height" includes: a. All po1tions of a structure~.1. y, , :9-ve the existing grade or finished grade, whichever is lower, This inclu e).; ~bt is not9ifhi.ted to, all po1tions of exterior walls of a basement, undergroun '~ing or other ;mn~ganean . areas that are exposed above existing grade or fini;; ade, whichever is'•Jct' r, and 3 the exposed exterior portion of a basement locate.ct o downhill or uphill building on a sloping lot, but does not include the expo rti • • n "under d ~! structure entrance (defined: Se •. 21.04.370) 1mally hecessa~e{~ri· '\" i~rovide vehicle access to the "undergrou • g" structure,, .. hich is below the ~J;' ~ existing or finished grade, whichever is lo .area that 1;~f-1:1, _ ediately adjacent t\ f:;r' to the "underground parking" entrance. 4&4A _2. If ~1 :~f.!D' ·ation of an existing de~elopment is ~t:~-. \1dji~f approv,i:;~...,1fl~,,Jl es a gr~,.p,ig p _an. that . shows a finished grade ht • the e~_fil'mg grade, then bu1ldmg height may be measured from th de. Yr(~pproving a finished grade through a discr~t!9.,Jf.@J.:rg. yati~flithim the existing grade, consideratiqt5jijJJii::&tt~:·: "ijn~,,9,.ftli°g site, .compatibility with _,.,,,,,- the existing:'g£~11e of adj a pgrtl:~~. and the need to comply with required accel'~~ • • an , 3. · When non ~· retion ·'permits allow retaining walls, fill or otl:er grad_ing, which -~~!~. a finishe)!t;rade h~~her in ele~at~on fa~~ the grade that existed pnor to the retammg7 il1 r gradmg, then buildmg height shall be measured from existing griltf, , ~ Basement #~ "Basement" means that portion of a building betweeJ floor and 21.04.045 ceiling which is completely or pa1iially below the grade as measured along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04.061 ), but so located that the ve1tical distance from exterior • • grade to the adjacent interior floor below is more than the ve1tical distance from exterior grade to adjacen_t mtenor ceiling. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that po1tion of a building to qualify as a basement. (Ord.'NS-532 § I, 2000: Ord. NS-204 § I, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) 21.04.160 Grade, existing. "Existing grade," for the purposes of measurin means the ground elevation prior to any grading or other site R to be incorporated into, a proposed development or alteratiofr!)~ "'<l;ilt~.-development. •·1' 21.04.161 Grade, finished. "Finished grade", for the purpo final ground elevation aft related to, or to ·be incor existing development. 21.04.370 / 3'" ti' ,••1i3,,, rtG1~fl;'\~~ uh'drhg height, i('"V ·• "tion related to, or , • ting t, means the g,~ • ,i1ff.parat10n 1011 of an • • Draft Building Height Zoning Code Amendment text-Underline I Strike-out version 21.04.065 Building height. ~ ~~·~IA~ . . ~~ ' ~ ~r----Hl&-P.1€-Hffi-r-frf-a-Jf)H-!4fH-R-f!'--s-flc&H~H'fl~<;-B-l-:ea-a:5~/ ' (l)A. "Building he' 1:, 1t" means the vertical distance-of a structure measured from \ . '. "existing grade" (defined· ection 21.04.160) or "finis'lied grade" (defined: Section ~ 21.04.161). whichever is·fowe:r, along all pointS'Of the exterior perimeter of the structure· ._ '-\...._ immediatelv adjacent to the "buiJding co-,te'i·age" (defined: 21.04.061), up to the highest points of the structure. • 3. Fer When nondiscretionary permits allow w-aere retaining walls, fill or other grading, which are utilized to create!! finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading. existing grade as defined in this subsection and as determined by the planning director, then building height shall be measured from • 1 ,....v eDstinggrnde. ffist~••1•~~ I~ • • (3) Building beight measurements include basements and other s:ibterranean areas that are above existing grade. In the case of basements, cellars and underground parking, building height is measured from existing grade, eKchiding the area belov,· existing grade, (1) Building height is measured to the peak of the structure. Per Section 21.16.020 of this title, protrusions above height limits may be allov,•ed, 21.04.045 Basement. "Basement" means that portion of a building beM _ rand ceiling which is completely or partially below partly below and partl);~·~p~·e":il*~e;g;rade as measured along all points of the exterior (immediately outside of"bu' g1c/overag'5~E!}p~rirneter of the structure • t ~ ~1:, .. 1o immediatel ad'acent to the "buildina cove • •efined: 21.041061 but so located that the vertical distance from exterior grade to the adj 1terior floor belowJ~-~m1ore than the vertical • distance from exterior grade to adjacent interi • • • • • • • • to a minimum of seventy-five ercent of the perimeter oft -Hlte-t)efa€f.fl:-s-==¥~=::=::ffl-FE::~<e::::::::::::™£!:fa ' -' .,1,t\I~· 1tt~··, '· t=l.. . ' ~ase ,&a11~ OM p-ara}leho--a-ti-El-witl-rm-:fz-v.e....feef..ef.a-sioow-a-lk,-t-l-1e-abe-¥es:ound level ::, hi~ •ij'T" •• ' 0 shall be measured at' tije;i?.idew_alAf~•'.i For the purposes of measuring building height, "grade" means the ground elev~t'f9p~:,~fJP~ and 1.vithin the area of building cove~age. (Ord:_BS 180 § 4, J ... J~ l 1991: Ord. 9060 § 231) '~·t)if:!2Ji~ "~ c._ ~ ~.)..~ ~ oJv,.)--tL-·r-_· .. ~ "Existing grade." for tC.rposes of measuring building height, means the ground .. --·-............. ---·- ~levation prior to anv gradingior other-~ite prepara_ti~n related to, or to be incor~?.-rated •••• -· _ A A~ mto. a proposed development or alteration of an ex,stmg' devdopment. ~~ ~ ~ ~ ~ -~ ~ r1treM~ Offl•Vl·~,Q,\ ~~ p--o.A ~-A. ~ ~ 4 ~f L % t, b ~ ~ xl, ~ ~,r4 ~ o"t-)\,..))_)).,...,,. :::Uv.,'l.) (~) -rli?.0--\A-r, ~ .,.Aj:_. t C._ v"--4-~ • • • 1 ~ ~"" ~ M: 21.04.161 Grarle, finishe_d>// ~~+~ /j_ ~ ~ "Finished grade",-for the purposes of measuring building height, means the final ,,-{,JA,wuJ ~ ground elevation-after the completion of anv gi·ading or other site preparation related to, or/ G ,~~».~ to be incorporated into. a proposed development or alteration of an existing development. ~ v-¥" 21.04.370 Underground parking. "Underground parking" means parking areas that are ~9.c}t~d completely ·or partially d d l h fi • I d fl f i k' ' b·'1•"1o .. :, • • d l • un ergroun w 1ere t e mis 1e oor o tpe par 'mg area 1s e ow e?astmg gra e to t 1e pomt . . . . . HEIGHT LIMIT \.. \, I !IEIGHT LIMIT [ IIEIGIIT LIMIT I ------ . L I -----------+-----------------r_-----------: ---------------~ ---I _ ____-: . . J EID D D [ EXJSTING bRAnE ffl[fflW~l-l-1l~j-:.·::.~·::.~-~ y _ ---~-""'""'--:-:-:-: :-7'. ~-~.':::. ·.'::.': ·::::::: ·::7: :-:-:-:-:-. ·:. :-:-·::.::::CUT AREA.-:-:-:-:-:-:-:-::-.-:-:-:-:-:-:-:-:-.-:.-:-.-:- ~--~~.-:-:-.-;-;-.... 1:7_ .. ~·······'"I""'~······~~~-·-· .......... ····-~~-··, ,I>••·~·~·······~•-!_••!_••··· •••••••••••••••• m ~--FINISHED GRADE FIGURE#l CUT GRADING • ~ 1]<1----~~ ~ HEIGHT LIMIT HEIGHTLI'MIT -------------~ I • -, "'-rHEIGITTLIMIT .. L ________________ _ ---- ------------·~ ---------------------,--~ "'.-· FINJSHED GRADE m DD D .~ 9m1~m~1 D o L ---. i .• ,x·•?S frff lli••IBD%?E••·····••trni••r••···········••t••XJ>•·t• .. ··•··········•s••············••·•·•·•·•·•·•·•····j;··········.·.··:c;.;·· ·-~--- FIGURE #2 EXISTING GRADE FILL GRADING ~ 1l~ ~¾ ~ • ,, HEIGHT L!J.vHT HEIGHT Lllv!IT '· '\ ' ' HEIGHT LIMIT ------------ HEIGHT L!J.'vlIT r--- /~----~---JT---m--~ o o D D EX1STING GRADE m __.:-::-.-:-:- --- I I I I /..~-:-: DAYLIGHT BASEMENT ,--_________ J .,,.;, ..... I ,:;,-:-,1,:~:.:.:_:_:_:_:p:.-_: ..... ············· /. ................... ' .,.,,,.... . .. . .. ········ .,,,,,... .... . I I I ~--CUT AREA ~ ......... •.•.• .. ·..-----------------------------~ '----CUT AREA FIGURE#3 HEIGHT L!MlT WITH SLOPED TOPOGRAPHY AND DAYLIGHT BASEMENT -------- EXISTING GRADE l STREET 11 I i GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS PROPERTY LINE EXEMPTED AREA IS SHADED HEIGI!Tp_MIT ' ' HEIGHT LIMIT HEIGHT LIMIT DD D D m~ ~ D D I UNDERGROUND I PAR.KING I I ------------------------------~ FIGURE#4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING L FINISHED GRADE • • ~i ~\ ------< \ L -i_!, ~ •lFU~ ______, \ ~ flJSJ'\., ~~ \ L IIEIGIIT LIMIT \.. \. [ lIEIGIIT LIMIT L HEIGHT LIMIT ------ic-------------------------------------y ___________ _ I I I I L _____ _ Ill VEHICLE ENTRANCE --TO UNDERGROUND· ·-:-.-·:::.·PARKING·::::::: ·••••··••••••••••••··•·•·••• Ei D D D 11~m~1 D D I .__ __ GRADE IMMEDIATELY I ADJACENTTOVEHTCLE 1 1 ACCESS _ _______________ j ~--FINISHED GRADE ~ FIGURE-#4A • EXEMPTI I TO ON FOR VEfTIC ; "' UNDER GR OUN LE ACCESS ~• _,_; D PARKING ~\;ru.,,. --r::( ~ -~~ /i" fill!~~~~ I h Exhibit C-Staff Response to Comments ZCA 08-01 / LCPA 08-02 -Building Height Zone Code Amendment Comments 1) Eric Munoz/ Hofman Planning & Engineering Please clarify that building height limitations do not apply to allowed protrusions above the height limit. Please do not remove the reference to 21.46.020 {"Allowed protrusions above height limits") from Sec. 21.04.065 (definition for "Building Height"), which aids code users in finding the section on allowed protrusions. 2) Rod Wright/ Sillman Wright Architects Response to Comments Staff Response: The draft amendment was revised so that the reference to Sec. 21.46.020 is proposed to be kept within the definition for "Building Height" (see Sec. 21.04.065.A.1.b in the draft amendment). Staff Response: Please do not remove the reference to 21.04.020 {"Allowed I See above response to Comment 1. protrusions above height limits") from Sec. 21.04.065 (definition for "Building Height"), which would raise the question as to whether there are any allowed protrusions above the height limit. 3) Gary Baker/ Smith Consulting Architects Regarding the Q Qualified Development Overlay Zone {Chapter 21.06), the "1 foot increase in building setbacks for every 1 foot increase the building height exceeds 35 feet" reduces useable land and unfairly 1 Staff Response: Comment noted. The proposed amendment is limited in its scope and is not intended to modify the height limits of the Q (Qualified • • reduces the floor area of a 3 story building. This has been difficult as the cost of land forces projects to go vertical. There should be some flexibility in this policy given topography, views from surrounding areas, etc. 4) Paul Klukas/ Planning Systems Figure 2 isn't wholly in accordance with the proposed wording for 21.04.065(2), which says that if an approved grading plan shows a higher finished grade, then the building height is measured from the approved finished grade. 5) Raul Diaz/ Roesling Nakamura Terada Architects a. 21.04.065 A. (or 21.04.161) -it might be helpful to establish a width ( +/-3'?) for the "grade" (existing or finished) perpendicular to the building in order to avoid mounding up to the edges of the building back to the "existing grade". Development Overlay) or any other zone. The proposed amendment is concerned only with the measurement method for building height. Staff Response: A note has been added to Figure 2 which states that this figure applies to projects with a nondiscretionary permit. Only with a discretionary permit can a project use a higher approved finished grade as the baseline for measuring height. Staff Response a. Height is measured from the lowest grade, whether it is finished or existing, so mounding fill against a building will not allow increased height. For discretionary permits, the decision maker has the discretion over which grade will be used to measure height from, so this situation can be avoided. b. 21.04.065 A. 1. a. -Please define how much "minimally necessary" is regarding "underground parking" entrances. Also is there a way I b. to minimize having a series of holes or driveways that disappear Due to the variety of possible designs and situations with regard to underground parking, it is preferable to have flexibility in how much area or width is "minimally necessary" for "underground parking" entrances. Utilizing a strict standard may prevent certain designs from qualifying for this exemption. An example of "minimally necessary" would be the width of a driveway and a small distance on either side for retaining walls. An example not meeting the "minimally necessary" requirement would be the excavation of a patio or other outdoor space adjacent to the driveway. With regard to minimizing multiple driveways on street 2 into underground parking, along the street. I can imagine in Narrow lots the entire front yard will be a hole (see figure 4). Perhaps requiring the driveway to the entrance to the underground parking not taking up more than a quarter (or a third) of the lot frontage would help minimize the street front being too disrupted. A couple of examples of what I'm concerned about can be found in my neighborhood: a good example is found on Garfield St. just south of Chestnut, a bad example is found on Oak Avenue • • just East of Lincoln St. c. 21.04.065 A. (4) -Please keep the part of this section that allows "protrusions" above the height limit. The allowance of stair towers frontages, the "Building Height" definition is not the appropriate location in the zoning code for this type of requirement, and as such, is beyond the scope of this proposed amendment. and widows walks and other "architectural" elements helps break I c. down the building mass and creates a more interesting building See above response to Comment 1. profile, especially since most of us living in Carlsbad are very interested in creating spots within our house where we can get a view (glimpse usually) to the ocean. 6) John Beery/ Beery Group Inc. I have reviewed the proposed changes to the ordinance and I am OK with the information as presented. However, I think there needs to be an addition for "Architectural Elements". Either no part of any construction is allowed to go over the height or certain architectural elements may go over the height (Fireplace Chimney's etc. .. ).' The building code requires these elements to go higher which can and will cause confusion in the public between the building code and the ordinance. By not saying anything about these elements, there is some gray areas. 7) Robert Ladwig/ Ladwig Design Group Inc. 21.04.065, paragraph 2. Near the end of the paragraph it states in part "compatibility with the existing grade of adjacent.and surrounding properties". I see this as not clear and could be interpreted many ways. I think you need to define what would make finish grade not compatible so the designers have some guidance. 3 Staff Response: See above response to Comment 1. Chimneys and other architectural elements are allowed to exceed height limits according to Sec. 21.46.020. Staff Response: Due to the variety of possible situations with regard to grading and differences between projects, it is preferable for the decision maker to retain flexibility and discretion with regard to whether the grading of a proposed project is compatible with its existing topography and neighboring properties. Each project is unique and a strict standard may prevent certain designs from being considered compatible. • • 8) Mike Howes/ Howes Weiler and Associates Staff Response: a. With regard to measuring height from a higher finished grade with a. Minor subdivisions are approved by the City Engineer and approval of a discretionary permit (proposed Sec.21.04.065.2), considered discretionary, so the provisions proposed would this apply to a 4 lot parcel map that requires grading to fill in Sec.21.04.065.2 would apply. Ministerial projects such as building a gully? permits are not considered discretionary. Also, for properties with truly unique physical features that would prevent development, it b. Proposed Sec.21.04.065.2 is not shown on any of the exhibits. is possible to obtain regulatory relief through approval of a variance. c. With regard to nondiscretionary permits, what about grading required to get a lot to drain toward the adjacent street? b. Figure 1 applies to the proposed Sec.21.04.065.2. • C. Separate policies exist to resolve these types of drainage issues. For example, a drainage easement over offsite properties may be used for situations where existing topography drains away from the street. Flexibility for height measurement from a higher finished grade may only occur through approval of a discretionary permit. This is consistent with the existing ordinance. 9) Steve Wallet/ Starck Architects Staff Response: a. Measuring along the preimeter "up to the highest points of the a. Sec. 21.04.065.A of the proposed amendment, which describes structure" could be (mis) interpreted to mean that height is how height shall be measured, has been modified so height is measured from the lowest point of grade to the highest points of measured from the lower of existing or finished grade up to a the structure. Instead of the building height following the "warped plane", or an imaginary plane that "warps" to follow the topography, this misinterpretation would establish a horizontal topography, which is located at a height equal to the height limit of maximum height plane based on lowest grade, making it very the zone. A proposed building must fit under this "warped plane". • difficult to design for sloped sites. The diagrams clarify your intent, and I think this is a minor concern. b. See above response to Comment 9.a. The "warped plane" tilts to 4 follow topography and works effectively on sloping sites. b. As we discussed, the proposed definition and diagrams describe sites that slope in one direction, parallel to the building. I am C. The proposed amendment to the "Basement" definition has been concerned that this definition is much harder to apply when a site modified to replace "grade" with "the lowest of finished or existing slopes at an angle to the building and/or in multiple directions. See grade". attached (very rough) sketch where using the proposed method on a more complex slope yields 4 different building heights, for a simple building with a hip (pyramid shaped) roof. We suggest that, for complicated slopes, you use the existing method of measuring building height-where we measure to existing grade within the building footprint. We know that it is complicated, but we can't see any other solution for complex slopes. Perhaps you can add • language that allows the existing method as an alternate, at the applicant's choice. Many sites in Carlsbad have these kinds of complex slopes,. because the flat or simply sloping sites have been built on. C. The basement definition mentions "grade", but does not state whether this is existing grade, proposed or the lowest of either existing or proposed. From our conversation, I understand that the intent is that it be the lower of either, and it was omitted for simplification. At the risk of de-simplifying the wording, I suggest that you add "the lowest of existing or proposed grade" to the definition, to avoid misunderstandings. • 10) Gary Cohn/ Cohn+ Associates Staff Response: a. First the graphics do not match the written language. The text a. See above response to Comment 9.a. indicates that the height is measured from all points along the perimeter to the highest point of the structure. This would mean b. See above response to Comment 9.a and 9.b. The warped plane 5 that the maximum building height would be from the lowest point along the perimeter to the highest point on the roof. The graphics show measuring to the highest point of the structure in line (or cutting across the building) at any location along the perimeter. This is very different than the text. I think that the text needs to be revised and you need to have a graphic like the site plan (CP _site.pdf) that shows how you measure height along the perimeter. I.e. Building height at point A is the height in line w/ point B cutting across the building. b. Next, if indeed you do want to measure the height at each point along the perimeter, what happens if the height varies from side to side? In many cases the roof ridge is in the center of the structure; which side do I measure from? I suggest connecting the heights from side to side based upon the maximum height at the perimeter. (See graphics CP _elevation.pdf. c. When the text indicates measuring to the roof structure; does that mean plywood or top of roofing material? d. Are there any provisions for Chimneys? By California Building Code the opening of the flue needs to be a minimum of 24" higher than any roof within 10' -0" of it. This usually means the top of the spark arrester is about 3' -6" higher than any roof within 10'-0". Most codes allow a provision or exception for chimneys to exceed the maximum building height. e. Are there any provisions or exceptions for towers or Architectural elements to exceed maximum height. f. In regard to Underground parking; how do you determine the "minimum necessary to provide access" in underground parking? Can you slope grade down to the drive? Does it have to be retained? (See underground graphic) How much room can I have 6 tilts with the topography and connects height measurements side to side based on the height limit of the zone at the perimeter of the building coverage. c. All roofing material such as tile located on top of the roof plywood would be included in building height. Only the protrusions allowed by Sec. 21.46.020 can exceed height limits. d. See above response to Comment 1. Chimneys are allowed to exceed height limits according to Sec. 21.46.020. e. See above response to Comment 1. Certain architectural elements are allowed to exceed height limits according to Sec. 21.46.020. f. See above response to Comment Sb. • • on either side of the door? If I can turnaround inside the garage does my door/driveway have to be narrower than if I have to backup the driveway? Is there difference between commercial applications and residential? (In commercial the minimum driveway is usually 24'). My suggestion is to address this issue more definitively. I would also allow for slopes as this might be a better design arrangement than walls. 11) Bob Sukup/ The Seabright Company Staff Response: • a. In Sec. 21.04.065.A, is "along all points of the exterior perimeter of a. Yes, all portions of a building exposed above the lower of finished a structure" equivalent to all portions of a building? or existing grade are counted in height. Where the building meets the lower of finished or existing grade is where measurements are b. For Sec. 21.04.065.A.2, the requirement that a new higher finished taken from. grade be compatible with the existing grade and surrounding properties is subject to interpretation. b. See above response to Comment 7. c. For Sec. 21.04.065.A.2, when approving a finished grade through a C. It is not possible to know the nature of all future development, so discretionary permit that is higher in elevation than the existing consideration of compatibility should be given to what is known, grade, should consideration be given to compatibility with future which is the existing grade and surrounding properties. development? d. By definition, height is always measured from the lowest of d. Height is measured from the lower of finished or existing grade, existing or finished grade, unless a different grade is "deemed whichever is deemed appropriate? appropriate" through approval of a discretionary permit. • e. Is "building coverage" the building footprint or does it include e. "Building coverage" can exceed the building walls (i.e. footprint), overhangs? and does include structural overhangs attached to the building, but does not include roof eaves, to the extent that any of these are f. For Sec. 21.04.065.A.1.a, should existing grade or finished grade, above the lower of finished or existing grade. Please see "whichever is lower" be replaced with "whichever applies"? Sec.21.04.061 for the definition of "Building Coverage". 7 g. Does the top half of the paragraph in Sec. 21.04.065.A.1.a only apply to nondiscretionary permits? h. For Sec. 21.04.065.A.2 at the end of the first sentence, "may be measured from the approved finished grade" is subjective and incorrect as it is a done deal once the discretionary permit is approved. i. Please add a note that the proposed "Existing Grade" definition applies only to nondiscretionary permits? j. Pl~ase add a note that any field changes to a previously approved discretionary pad grade will allow the building to be measured from the revised lower pad or from the original design pad in the case of a pad being raised. k. Please add the following note to Figures 1 and 2: "For nondiscretionary permits", and show figures for discretionary and nondiscretionary permits. I. Are garages located on the side of buildings exempt from height? 8 What about situations where there are full height grades on both sides of a structure but it doesn't qualify as a basement? -~~-- f. The lowest grade always applies, unless a discretionary permit is approved. g. If a discretionary permit approves a lower finished grade instead of a higher finished grade, then the lower finished grade is used to measure height. Essentially, a discretionary permit uses the finished grade (whether lower or higher than the existing grade) for measuring height, and differs from a nondiscretionary permit only in the potential use of a higher finished grade for measuring height. h. The intent with the word "may" is that the decision maker for a discretionary permit exercises their discretion to approve a new finished grade and approval is not automatic or guaranteed. However, once the approval of the discretionary permit has been obtained, it is final and not subject to further discretion on the City's part. i. The proposed "Existing Grade" definition is consistent with the "Existing Grade" definition currently located within the "Building Height" definition (see Sec. 21.04.065.a.2 in the existing ordinance). j. The "Building Height", "Existing Grade" or "Finished Grade" definitions are not the appropriate location for regulations regarding design changes in the field. Presumably, if a pad elevation is modified in the field, the height limit would shift correspondingly as well. k. This note has been added to Figure 2. Figure 1 applies to both discretionary and nondiscretionary permits. Both discretionary and nondiscretionary permit situations are adequately described by the proposed figures. • • 9 L I. Vehicle access to an underground garage would be exempt from measuring building height, whether it is on the front or side of a building, as long as the amount of excavation to access the garage is minimally necessary. If a partially subterranean parking area does not qualify as "Underground Parking"(as defined), then this exemption does not apply. • • • • ERRATA SHEET FOR ITEM #3 June 3, 2009 TO: PLANNING COMMISSIONERS FROM: Corey Funk, Associate Planner SUBJECT: ZCA 08-01/ LCP A 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT Staff is recommending that the Planning Commission include the following revision to the "Basement" definition, which addresses comments received from Buck Thompson. The double strike-out shows the portion to be removed from, and bold underline shows the portion to be added to the amendment language as proposed in Exhibit X, which is attached to Resolution No. 6565: Section 21.04.045 "Basement" means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, as measmed ahmg all poiftts of the exterior perimeter of the stmetme immediately adjaeeftt to tile "buildiftg eovefage" (defined: 2UM.961), but so located that the vertical distance from exterior grade to the adjacent interior floor below is ffl@fe greater than the vertical distance from exterior grade to the adjacent interior ceiling above. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement. (Ord. NS-532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) Attached for the Commission's information are the following: • Staff response to comments from Buck Thompson and Wolfram Kalber • Comments received from Buck Thompson and Wolfram Kalber Corey Funk Response to Comments -June 3, 2009 ZCA 08-01 / LCP A 08-02 -Building Height Zone Code Amendment Comments 1) Buck Thompson/ Pi Arc Design a. The basement definition is confusing. In the first sentence, basement is defined as the part of the building where a floor is partly below and partly above the lower of finished or existing grade, as measured along all points of the perimeter of the structure immediately adjacent to the building coverage. The second sentence states that the above definition applies to 75% of the perimeter of the basement. These two sentences seem to conflict. A suggestion is to define a basement as the part of the building where a floor is partly below and partly above the lower of finished or existing grade, and delete "as measured along all points of the perimeter of the structure immediately adjacent to the building coverage". Then state that the definition must apply to 75% of the basement (see proposed alternative definition for "Basement"). b. The basement definition should include language describing the difference between a "Basement" and a "Story", and better describe floor area ( see proposed alternative definition for "Basement"). Response to Comments 2 Staff Response: a. Staff noted the confusion and modified the "Basement" definition to address this comment. The terms "structure" and "building coverage" were removed to clarify that the basement definition and 75% rule only apply to the portion of the building that would be the basement. b. The term "Story" has its own definition in the Definitions Chapter of the Zoning Ordinance and is beyond the scope of this amendment. Adding definitions of floor area and story to the basement definition are not recommended. c. See above response to Comment B. Also, this implies that for the portion of a building that is basement, this portion would not be counted in height, whether it is above grade or not. This is counter to the intent of the amendment to include exposed basements in building height. d. Correct. Basements and underground parking are not considered a story. e. This was a misunderstanding that was clarified through discussion. The amendment proposes to apply the 75% • • C. For the portion of a building that is a story, this portion rule to basements only, which specifically addresses the should be counted in height (see proposed alternative issue where the perimeter of the building coverage is definition for "Basement"). larger than the perimeter of the basement, and therefore impossible for the basement to meet the 75% rule if d. Will a basement or underground parking still not be I applied to the overall building coverage. considered a story as defined under Definitions 21.04.330 "Story"? I f. Comment noted. The 75% rule for basements is a regulation in the existing code and was not a part of this e. In the basement definition, changing the requirement that I amendment. No changes are proposed by staff for this I • "this definition must apply to a minimum of seventy-five regulation. percent of the perimeter of the building coverage for a structure to qualify as a basement" to "this definition must g. This depends on the specific design of each project. Only apply to seventy-five of the basement for that portion of a the area that is minimally necessary and pertinent to building to qualify as a basement" does not work and is getting a vehicle into an underground parking garage not possible to meet because frequently the size of a would be exempted, and an applicant would need to basement is smaller than the floor above ( and demonstrate the design meets this requirement. Design corresponding overall building coverage). choices made to unnecessarily excavate areas around the entrance to underground parking would not be excluded f. In general, the 75% rule for basements is too restrictive from height. This does not mean that only retaining walls and difficult to meet, and should be less than 75% (see must be used for designing the driveway, but could "BLDG HGT" doc attached for examples). include retaining walls combined with small slopes, etc.; however, the point is that portion exempt from height g. In regard to the proposed underground parking exemption, should be reasonable, minimally necessary and pertinent with a side loaded underground garage where the to getting vehicle access to the underground garage. I • driveway parallels the building (and exposes subterranean parking), will this area be considered exempt, or only the h. Yes. The intent is that only the area required to get a opening itself to the underground garage? vehicle down to underground parking would be exempt from height. h. If an exposed basement is adjacent to an underground garage opening, will the exposed basement portion of the 1. Comment noted. The intent of the amendment is to count building be counted in building height? all portions of a building exposed above grade, including 3 basements, in building height, and only to exempt the 1. Not exempting an exposed basement that is adjacent to an access to underground parking. The area of the underground parking entrance from height penalizes a underground parking entrance to be exempted is the area building/project for utilizing the potential and associated below the grade located immediately adjacent to both the benefits of subterranean space. underground parking structure and underground parking entrance, provided it is not an exposed basement. J. Other various comments about the graphics, such as whether Figure 3 adequately describes the basement J. The graphics are intended to be a general representation or definition.· idea of how to interpret the code language and are neither drawn to scale nor intended to specifically represent an actual design. Figure 3 is intended solely to represent how • height is measured if a building is situated on a sloping lot and has a basement, but does not represent how to measure a basement. 2) Wolfram Kalber / Wolf Design Build Staff Response: a. Flat roofs should be allowed to exceed the 24' height limit a. Comment noted. The scope of this amendment is limited in the R-1 zone. to the Definitions Chapter of the Zoning Ordinance and does not propose modifications to the height limits in any b. Chimneys and rooftop structures for solar equipment zone. should be exempt from height. b. Both chimneys, solar equipment and rooftop structures C. Carlsbad size requirements for roof-decks are too that house solar equipment are exempt from height limits • restrictive and it is difficult fit an elevator plus stairs per Sec. 21.46.020. Sec. 21.46.020 is beyond the scope of within the area allowed for a roof-deck. this amendment and no changes are proposed for this section. d. Access/drive for underground parking to be excluded from height is a good idea. c. Comment noted. Planning Dept. Policy No. 15 regarding roof-decks is beyond the scope of this amendment. 4 e. If the intent is to simplify the height definition, instead of measuring from every point along the perimeter of the building coverage, just draw a straight line from high point to the low point ("A" to "B") and ignore small grade variations in between. f. If the intent is to simplify the height definition, including exposed basements in height will add complexity to the project design and construction process. For a sloping property, counting basements in height will result in awkward roof planes that are difficult to design and less attractive. Only pre-existing grade should be used for measuring height. Since pre-existing grade is certified by a survey, it can always be referred to if conflicts arise in the construction process about whether too much grading is occurring or the building is too tall. g. On sloped lots pre-existing grade is always different on opposite sides of the house. To simplify, let the higher side be the "constant" height limit line. h. Planning and Engineering departments should work together to determine an acceptable percent gradient for driveways down to underground parking. 5 d. Comment noted. e. Simplification is one goal of the amendment, but changes to add simplicity are still subordinate to the overriding objective, which is a conscious decision clarify that (1) height should be accurately measured from the lower of finished or existing grade at all points adjacent to the building coverage, (2) all exposed portions of a basement are to be included height, and (3) building mass should follow topography as closely as possible. The amendment language as proposed by staff meets this clarification objective while providing adequate simplicity. f. Simplification is one goal of the amendment, but changes to add simplicity are still subordinate to the overriding objective, which is a conscious decision clarify that (1) height should be accurately measured from the lower of finished or existing grade at all points adjacent to the building coverage, (2) all exposed portions of a basement are to be included height, and (3) building mass should follow topography as closely as possible. The amendment language as proposed by staff meets this clarification objective while providing adequate simplicity. Simplicity and clarity were achieved from a regulatory perspective because the conflict in the existing code between basements (measure height from the existing grade) and the "Building height" definition (measure height from the lower of existing or finished grade, at all points along the perimeter of the building coverage) no longer exists. Whether including basements in height results in better or worse looking building is • • 6 subjective. Staff feels that architecture will be improved if the house more closely follows topography and the roof line and building mass is varied because the building must follow grade. Furthermore, these regulations will increase the compatibility of new buildings on infill lots. g. The warped plane concept tilts in the direction of topography from front to back and side to side, which staff feels adequately addresses an issue where topography is different on opposite sides of the house. Using the higher side will add height to a building and runs counter to the intent where building architecture and mass follows topography as closely as possible. h. Comment noted, however this topic is beyond the scope of this amendment. • • • • Buck Thompson Proposed basement definition: 7 2 3 4 5 6 7 • • SECTION II: Thal the Section 21.04.045 of the Carlsbad Municipal Code shall be amended to read as follows: Section 21.04.045 "Basement" means that portion of a building between floor and celling which is completely or partlally below the existing grade or finished grade, whichever is lower, as measured along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" {defined: 21.04.061), 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 seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement. (Ord. NS- 532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) 8 11----------------------------------...... "Basement" means a portion of a building area, between floor and celling, which is completely or partially below the directly adjacent grade. To qualify as a basement area the adjacent exterior walls (as vertically measured from a point 9 along. the lowest·of.elther existing grade or finish grade) which have a greater distance to the adjacent interior floor below than to the adjacent Interior celflng above shall represent no less than seventy-five (75%) of the total perimeter 1 O measurement of the basement area. For any basement area which has no apparent exterior wall a line shall be created, 11 and arong this line It shall represent a wall that has a lineal measurement which ls greater to the celllng area above than to the floor area below. Any floor area that extends beyond a basement area shall be considered the floor area of a story and the exposed walls shall be measured In determining building height. See "Building Height" for underground parking 12 structure entrance exemption. · I • t II · t. 1· th "b "Id' Comment: revlew7S% ~ulretrient ~ ltseams,S7%.(Z'3). 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill ,s ower, a a po1n s a ong e uI mg Mfo1,1ld•mbfe·reatrstlc·i!lnd:!~ssprohlbtthla.: . ·: ·~., ; · • · plane located at a height, above all poin • • • • • • • • • • , • • • • • • • • the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. 1. 2. "Building heig.,.h..,t".,.in..,c..,lu_d_e_s_: ______ __ (which shall not be considered a story) a. All portions of a building exposed above the e sting grade or finished grade, whichever Is lower. This includes, but Is not Ii lted to, all portions of exterior walls of a basement, underground parking or ther subterranean areas that are exposed above existing grade or finished rade, whichever is lower, and the exposed exterior portion of a basement lo ated on the downhill or uphill side of a building on a sloping lot, but does n elude the exposed portion of an "underground parking" structure entrance (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the "underground parking" structure. b. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. If a discretionary permit for a development or alteration of an existing development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the.site, -4- 8 • • Buck Thompson Comments 9 • • ZCA 08~01/LCPA 08-02 -BUILDING HEIGHT ZONE CODE AMENDMENT .lune 3, 2009 Pa e2 Th~ objectives of the proposed amendment is as follows; A. Simplify the method for cnlculnthlg mti.-.;imum biiilding height. B. Clarify that exposed exterior wnlls of basements are included in the building height measurement. C. Exempt tlr.; entm.nce Lo undergrm1nci parking from inclusion in the measurement of height. D. Clarify when existing ood finished·gmdes are to be used for mcrurnrir.g bi1Hding height, E. Mod.liy other zoning definitions for consistency witl1 the proposed a~endment. Graph! WlU..t\OASCJ:,1CNT9~ ,. . t:R~R~, ~Cl ~fiRl,<INq{l}lt;L/,NC>Ttn:_cONSU;>t~co1s-Td~'( s (see the ntrnch AS OE;flNED UftO{;R _D NlTION$·:· 2'{.t;)4,3-~0'$T-ORY1 , . •• . •. • • .. ·• • . lent is to provide these graphics as a handout available to th: pubJjc ut the Plmll;ling Department counter nnd website. Prior to scheduling 1his proposed Zone code amenclment for public heating. staff distributed draft ordinance text revisions to members of the development community (i e,; 1~1e Chamber of Commerce, BIA, Architects, Developers, and Planning Consultants) for review. comment and Input. Tlle comments received are included !n the anached Exhibit B. ln addition, notification of tlx.! proposed <1mcndrncnt w~ publi::iht:<l in lhc Norlb County Timc:i and Cut!!it Nt:w:i on April l 7, 2009, and copies of the proposed amendment were provided at the Planning Department counter for public review. IV. ANALYSIS A, Simplify th<: method for ealculating ma.i:imum building height. The e~istiug dcunitioll of buildi11g height takes mcasurt:ai~r11s of a building from all poia1s at grade lllong the perimeter of the building coveruge, and till point:. within the building coverage. For a sloping lot "'i1h varying topography, height me.osurements within the building coverage nre diffic\lll to imp!emen1 because the grade points must be projected horizontally through the inside of the building, and height measurements taken from these projected points. Furthermore, for points within the building coverage, the existing code definition did nnt distinguish whether to measure from the existing or finished grade, Also. the existing code definition states that height shull be measured to the highest paint of !he structu1e "directly above that point of measur~menf' as wcll a.s •;to the pcttk of the structure'', which cnn 1.11low diffcn:mt intcrprcmtions. The proposed amendment will require height to be measured from all points al grade along only the exterior perimeter of the bt1ilding coverage. Height is always measured from lowest of finished or existing grade (unless the project includes a discretionary permit, see item D below). The amendment proposes to measure helght up to an imaginary "warped" plane located above. and purnlh:l ll.l, lhe grude; and al Lht height Ur.ill or the underlying z.um:. A propv~tl building must fit between the grade and the warped plane thnt. parallels the grade and represents the height limit of the :zone. Building height rcgulntlons nrc primarily concerned with the visible exterior • • ZCA 08-01/LCPA 08-02-BUtLDJNO MEIOHT ZONE CODE AMENDMENT June 3, 2009 Pa c4 pads). No changes to this concept are prOJlOsed by this amendment. However, two considerations are proposed when approving a grade thnt is higher than th~ existing grade: (1) compatibility of the proposed grading with tbe topog1•aphy of the site and surrounding properties, and (2) standards for access, utllities and drainage. Additional changes have been added for clarity, and the refarence to August l, 1991 was 1emoved as it refers to projects that were in process at the time of a p;evious zone code umendment and does not uffect current development situatlQns. Alsor the current definition for ~Grade" was repla<:ed hy two definitions for consistency with the proposed a~endment: "Grade, .existingt; and "Grnde, finished". E. Modify other zoning definitions for consi.i;tcney with th.c proposed amendm~nt. Vuriu1.1s ch1t11g~:; .i1e p1·opus1:t.l tot.he "Bm.i(;:mi;:11t", "Buikliug Height" u.nd '"Uudergrouucl Pl;lf1'.ing" definitions (CMC Sections 21.04.045, 21.04.~5 and 21.04.370 respectivcl)') for clarity, such as locntmg all descriptions of what part of a structure are induded in building height only in the Building Height deflni tion {CMC Section 21.04 .065). A second proposed m~ification for "Basement" is designed to resolve the following problem: the current standard requires the "Basement" definition (that more basement wall be located below grade than above) to apply to 75¾ of the building coverage to qualify this part of the :;l.ructun: ~ a IJu::1:ment; howev-er, il'tbr: .floor area of a baseme:nt is liluch s~ler than the floor area of the buil,:Hng above, the 75% calcttlatlon is impossible to meet. The intent of this section is -that 75% of the perimeter of the basement meets this definition: und the proposed wording 1cflecw: this intenl. F. Gim.cral Plan, Zoning Onlinance and Lot!nl Consfal Program Consistency The purpose oftl1e proposed Zone Code Amendment Etnd Local Coastal Program Amcndrm .. "nts is to ri:sol vt: itmbiguiliell and prnviui: darifo:atiuu for 1h1: m~thuu uSl:d tu cah:ulate build lug heigbt. Building height regulations are •:me tool that the City uses to en~ure that devclopmcn1 provides both a plcming visual fonn nnd computibiliiy with existing neighboring development, consistent with the General Plan. Though thete arc no policies in the Generol Plan that specifically relate to the mensurement of building height, the proposed amendments do not conflict with any goal, objective or po1icy of the General Plan, and improved clarity and consistency for building height 1egulations will further the goals and objectives orthe General Plan. With regard to the Zoning Ordinance, the p1'0J)osed umcndments to the Defi11itio11s Chapter will not create nny contlicts ,vith the provisions of the Zoning Ordinnncc. The proposed amendment wm correct existing inconsistencies ond ensure that new fnconsistencics do not occur. With regard to consistency with the Local Coastal Program, as mentioned earlier in this report, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure consistency between the LCP an<l Zoning Ordinance. The proposed um~ndmcnt ·will nut result in any conflicl with the provisions of the LCP. 11 2 3 4 s 6 7 8 9 lO 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 • • SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall be amended to read as follows: Section 21.04.045 "Basement" means that portion of a building between floor ceilfng which is completely or partially below the existing grade or finished grade!...!!... hever 1!.. lower, as measurec1 alon9 all oints of the exterior perimeter of the structureQmm¢diate!Y;adJacent to'lffie; tQµ,i!t1l!:!St~9~1'.il9J.t{~~~t)~s[:.,;.~.MJf~Q ~}.i 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 c,f seventffive percent of the perimeter of the basement for.that portion of a building to qualify as a basement. (Ord. NS- 532 § 1, 2000; Ord. NS-204 § 1, 1992: Ord. NS-180 1 1991: Ord. 9060 208 $~R f,:TT:AP\'IEP q~PHt.¢S..A@;? P,bMM'EN't:~ SECTION Ill: That the Sec on o e ar s a urn I Code shall be amended to read as follows: 21.04.065 Building height. A. Ill "Building height" ls limited to the vertical distance measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, at all points along the ''building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the ~building coverage", that Is equal to the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. 1. 2. "Building height'' includes: a. All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but Is not nmlted to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above eXisting grade or finished grade, whichever ls lower, and the exposed exterior portton of a basement located on the downhill or uphill side of a building on a sloping lot, but does not Include the exposed portion of an "underground parking" structure entrance (defined: Sectlon 21.04.370) that is minimally necessary to provide vehlcle access to the "underground parking' structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the ''underground parking" strncture. IS!:~ ATit,ii;}HEP•:GRf\PflW~S.AND>CQMMENiF~'I b. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. If a discretionary permit for a development or alteration of an existing development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the site, 12 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. • • compatibility with the exi&ting grade of adjacent and tH.irrouncling properties, and the need to comply with required access, utility and drainage standards. When nondiscrefionary permits allow reiaining walls, fil or other grading, which create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, then building heighl ;:;hall be measured from existing grade. (Ord, NS-675 § 1, zoo~; Ord. NS-204 § 2, 1992: Ord, NS•180 § 3, 1991: Ord. 9667, 1983: Ord. 9498 § 1, 1976: Ord, 9141 § 1: Qjd, 9060 § 212) SECTION IV: That the Section 21.04.065 of the Carfsbtid Municipal Code shall be amended to rea-:f as follows: 21.04.160 Grade, existing. "Existing grade, N for the purpose~ of measuring building height. means the ground elevation prior to any grading or other site preparaUon related to, or to be incorporated into, a proposed development or alteration of an existing development {Ord. NS-180 § 4. 1991: Ord. 9060 § 231} SECTlON V: That the Carls.bad Municipal Code shall be amended to add the following new section as follows: 21.04,161 Grade, finiGhed. "Finished grade·, tor the purposes of measuring bUllding height, means the final ground elevation after the compfelion of any grading or other site preparation related to, or to be incorporated into, a p;oposed development or alteration of an existing development. SECTION Vt; That Section 21,04.370 of 1he Carhibad Municipal Code shall be amended to read as follows: 21.04.370 Underground parking. "Underground parking" rneanlii parking areas t11at are rocateci completely or partially unaergrounp where the finished floor of the parklng area is below grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045. (Ord. NS-204 § 3, 1992: Ord. NS-180 § 8, 1991} ""'I:s-1::,-1:.;f. .... 1 :i""'"iA""'<:i ... H-E:r1""""/J:f'""""101-·1J""'·H-i::.-#a_A_1'.""""Q"""C-oM"""'M""'i:: ..... N-:f:$ ... 'I EFFECTIVE DATE: This ordinance shall be effective thirty days a~er Its adoption but not until approved by the California Coastal Commission, and the City Clerk shalt certify to the adoption of this ordinance and cause it to be published et least once in a publication of general clrculatlon in the City 01 Carlsbad within fifteen days after its adop1ion. INTRODUCED AND FIRST READ at a regular meeting of the .Carlsbad City Co\.lncil Qn ihe _ ciay of _____ 2009, and thereafter. 13 ····---· I I ·s· • BLUE • I I I I • • --··-·· PER THE ''BASEMENT'' DEFINITION THIS AREA WOULD NOT QUALIFY AS A BASEMENT, BECAUSE IT DOES NOT MEET THE 75% PERIMETER RULE. HOWEVER, lF THE BASEMENT EXTENDED TO THE BUILDING "FOOTPRINT'' THEN IT COULD QUITE POSSIBLY MEET THE 75% RULE. WHAT CONCERNS ME IS THE NEW DEFINITION APPLIES THE "PERIMETER MEASUREMENT" STRICTLY TO THE BASEMENT, WHERE !TWILL ALWAYS BE MORE RESTRICTIVE. PREVIOUSLY IT APPLIED TO THE "BUILDING COVERAGE" AREA WHICH, IN FACT, PROVIDES FORA SAME SIZE OR SMALLER BASEMENT OPTION. THE NEW DEFINITION APPEARS TO BE INCONSISTENT, AND CONTRARY, FOR ALLOWING A SMALLER BASEMENT AREA. ADDTIONALL Y, PER 2007 CBC, CHAPTER 12, $ECTION 1205 -NATURAL LIGHT AND VENTILA TlON, IF A BASEMENT AREA EXTENDS TO THE LIMIT OF THE "BUILDING COVERAGE" AREA OR GREATER THEN IT POTENTIALLY LIMITS THE USABLE AREA TO STORAGE, ETC. AND NOT HABIT ABLE SPACE. UNLESS THE INTENT IS TO CREATE MORE STORAGE, ETC. AREA IT UNNECCESSARILY INCREASES THE OVERALL COST OF A STRUCTURE EXPONENTlONALLY BY ADDING APPROX. 25% MORE MASS EXCAVATION PLUS RETAINING WALL SYSTEMS, ETC. • TO ME THI~ DOES NOT SEEM TO MEET THE INTENT OF REVISING THE DEFINITION. __ _...- HElGHT LIMIT r----- ----------~ ~ ..,.~------I----J .,,., EXISTING GRADE :::.. •••.••.••••..• i .. i D D -··--·•m•••e••-·· . EXISTING GRADE l ~ • : : IADDITIONAL EXCAV;TEO AREAi ..,j ~--r: :; l ~ ~-~ isl,:,,.R 'IH HH HHHJ;A•!~~'"r • .................... n ... !] FINISHED GRADE] CUT AREA ' I RED DAYLIGHT BASEMENT I ; _,,. ,.-••••• • •• ·····y • ...-1-··y· r-'!.Jl&.IU!!UJ...aJ!JiUf,.fUIAc..pJLU&.IIJJUUIIJIIUlU..S..1!...!1.!!.l!...!IA.•..J!.!Llll...,!!!_■..,!!L•...!i ,...__--CUT AREA FIGURE#3 HEIGHT LIMIT WITH SLOPED TOPOGRAPHY AN1> DAYLIGHT BASEMENT 1• Ii.■ Ullll Ill Ill • :.---------------------------------.-----------------~ : I RED I • PER THE "BASEMENT" DEFINITION THIS AR.EA WOULD UNDOUBTLY QUALIFY AS A BASEMENT, BECAUSE IT WOULD EASILY MEET THE 75% RULE. I ■ • • ! ·--------------------------------------------------~ ........ niiS.Af>PllCi\T!ON WILCAi:.so;~f'Ect GNOERGROUND PARKIN{iAR~SBECAUSE'THEYM,USTQl.:JAUf.Y A.$:1\BASEMENT AREA.AND THEBENEFIT .QFNQTINC(ti¢iNGTHEEN:mANCE;AREA!tFn,1cieu1L9!00HEIGl:tTWnlBEJEPO.R,ADIZED:11=NoT.NEGAl:Ei;{ •. -~; · · __ ,> ,· -:: • . '.·· ; < •. 14 - • IF Tr.lE "PERIMEJER MEA.$URfiMB4+" 1$._RES]lRIOTEOTO THE AR!:AJMfl.1EPIATEL y AWACcNT to TIIE·,;~l[t)ING QOVERAGI=" AR~~ THEt,tAR~ THE·. . . DA'CUGHTAREA.OF A BASEMENT, PLUS OTHER BASEMENT EXfl;:RIOR SURFACE~ IMMl;:OIATELY ADJACENT TO THE uBUILOING COVERAGJ:;" AREA ARE THE g~~~~~'ir~~~r::..ENTS NE!::DEI)._ ·1F liHlS,18 TH.E CASE THEN PERHAPS THE 75¼FATIO NEl:$$,TElHE $lGNIFlQANTI,. Y AE>JUSTED qJWER ~ .S'flU!!l'r i GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS------. l'ROFERTV UN~ EXEMPTED AREA iSSHADED Hb101IT UMIT HEIGHT LIMIT HEIGHT LIMIT D ~ ~11 D 9 I DAYLIGHT 3ASEMENT AREA I , PARKING : : GAR~GE I UNDERGROUND • ENTRANCE : PARKING AREA • GRAPE ,.;;.;;.;;;.;;;;;;;;=====:::::::::=::=::::!:::::::::::!· • . ~.,.,. ....... _,.....,,_"""'....,J.: FIGURE#4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKJNG THIS SHOWS AN INTERESTING DRIVEWAY/DRIVE AlSLE SLOPE CONDITION THAT THE ENGINEERING DEPT SURELY WOULD HAVE SOMETHING TO SAY ABOUT .• FOR STARTERS A VEHICLE COULD NEVER TRAVEL OVER THE ADJACENT UPPER OR LOWER SLOPES WITHOUT BECOMING HIGH CENTERED -AND THIS DEMONSTRATES HOW LONG A UNDERGROIJND VEHICLE APPROACH ACTUALLY HAS TO BE IN ORDER TO PROVDE THE PROPER SLOPE AND TRANSITIONAL SLOPE AREAS. THF Q{JFSTION IS· SINCF IT .!\CTI JAi l Y TAKFS A St JRSTANTIAI HORl70NTAI r.lSTANCF TO Al I OW FOR fi. SIOF APPROACHll'JG ORIVF TO AN l lNOFRGROl JNO PARKING AREA, WHAT HAPPENS TC THE USABLE "DAYLIGHT" BASEMENT AREA THAT IS IMMEDIATELY ADJACEI\/T AND IS IT CALCULATED IN THE BUILDING HEIGHT? THIS STARTS TO MAKE Tt-:E TERM "IMMEDIATELY ADJACENT' SOUN:) A LITTLE MORE FUZ2Y TO ME. 15 • • IF A "DAYLIGHT' BASEMENT WERE IN THIS AREA -WOULD THE HEIGHT LIMITATION BE BASED UPON THE FINISH GRADE IWMEDIATEL Y ADJACENT TO THE WALK-OUT PORTION OF THc BASEMENT? I BELIEVE THE ANSWER TO BE: YES -AS LONG AS THE VERTICAL MEASUREMENT OF THE ADJAC::~ WALL SURFACE AREA DID NO..,. EXCEED 30!..Q" (OR 27'-0" IN THE CASE OF A LESS THAN 3.5 / 12 ROOF SLOPE). IF IT DID EXGEED 30'-0" THEN IT WOULD NOT MEETT-iE BLDG. HGT. LIMITATION, EVEN THOUGH IT IS "IMMEDIATELY ADJACEt\ T" TO THE UNDERGROUND PARKING ENTRANCE. IN ORDER TO COMPLY WITH THE PROPOSED REQUIREMENT THIS PDTENTIALL Y FORCES A "BELOW GRADE" FLOOR ELEVATION CHANGE WHICH IS COSTLY AND UNNECCESSARY. ADDlTIONALLY. THIS WOULD PROVIDE t\'.O OTHER BENEFITTHI\N TO MEET AN UNINTENTIONAL ANO SUBJECTIVE "BUILJING HEIGHT' CRITERIA THAT PENALIZES A EUILDINGJPROJECT FOR UTILIZING THE POTENTIAL AND ASSOCIATED BENEFITS OF SUBTERRANEAN SPACE. HEJGIITLl~11T HEIGHT LIMIT HE.lOHT UMIT EI ml ~~I Di 91~1rn o ~ 1 \;~~6ii.-~R~UN-;.;~-"L ~ .... .,,..,,...,...,LY i LFlNlSHEDGRADE •• TO UNDERG O OR.ADE lm,v=uu..ut ...d::,_ i C::;:·:c.::•A~~.::::/. : ADlAg>'TTO VEHIC!.1! ~ loAYLIGHTBASEMENTI I ::: .-·-:-:-:::-:-:.-:-_ ::::::· -.-.-:. _..___._.!;_C.:,__.. _______ _ L.------ FIGURE#4A EXEMPTION' FOR VEHICLE ACCESS TO UNDERGitOUND PARKING 16 • • I EFT J3-EYADPti fBQ:NI HnYl!DPH Bfr..ffi =t~U,NH ~-~---:::,-,,.--..::::-.:!'".=:-.:+,~I-...r::::: ::::::,,,..,_ -..... ~ !-· j-=- a>,,~ .. , = . ·:::;;:BDE>t··],,z ~\,!--.;~--~-~-:...... ~ ~ BAS.EMENr PERIMETER AflEA CALCULATION: CALCULATION REQUIRED PER tID'/ DEF!Nmon: 40 • 2a X 2 = 13G Lf. (BA:SM'T PERIMETER) TOTI.I. "'1~LF.X.75"102Lf. BAS.EMEffli AREA (30% LESS THAN B!JILlllllG CO\offll>.G€ AREJ!.) \o\1U. ONL YPfiOWlE 72 LF ea.ow GRADE AREA lf,ntt A MODERATE 14% SLOPE COllDITION AIID WOUul NOT OUALJFf. ---- CALClJLATIOll REQUIRED PER OLD DEFIHmoN: 40 • 40.x 2=1GD LF.(BLOO PERIMETER) 14 ~ 5 + 5 = 24 LF. jBALCOIIY) TOTAL = 1114 Lf.(llllll.DIHG CO'VERAGE) BASEMENrAREA.RE<l'D 11l4x.75= 138LF. BAS.EMENr AREA.(30% LESS THAN BLDG. CO';'ERAGEARE.o.)WIU. PRO':IDESGLF BELOW GMDt::ARl;A Willi AMOO!:RATI: 14% ~LOPt:: CONDmON tiND \&''01/L[) r,'QTQVAl ff}' U\,t'tQ,1,,*f.C. □ I. r 'l:!_gj ' 9AS.AGEt E'FMElffi l :trrPLAB MAIN I.EV'!;L_PL~N aEco-tm LEVEL PU,!f EXAMPLE# 1 -14% UPSLOPE LOT -UNDERGROUND PARKING GARAGE / PARTIAL BASEMENT AREA Jl",{OULD NOT QUALIFY -DOES NOT MEET THE 15 % PERIMETER. BELO~ GRADE RIJLE 17 z g ,r. .. ...., ; V ti) l ~ :Ll < -<t n ij !i 1 t ~ : w ,( !. 1-2 l!'l m ~;?;ru ,di: t ';::;t Ill t:::, .. w<:! ~ri :r.fi ~ 0.1!){)',/. <;/;ii... Si 1!)9~t ~SS}CI il Ill 1-z -<,Cl<::, ~:t!lrr ~ o<:l9: )<~~w I:: st<:) Cl \)IL\)$ - Nlc..rtCT-..SMDUI M'ln EX.AMPLE~1 UPSLOPE LOT ,UNDERGilDUHO PKG. GARAGEw/ PA!RTTAL BASM'l!T A.1 ~-~~---', ~' ---------... --....... --... -.. _.,. ______ _ y ----• I ,-'U-X,U,A,':;19 A,)i __.,.,,,_,. ....... ~.,.,.,..~-:..: LEFT B FtlATt9H HAfllIABI f BASFMftlI AREA REQ\U.!f• 2007 CBC CHAPTER 12 SE<:TION 1205 REQUIRES ALL lflSBIT ABLE AREAS TO HA\/E MINU.1UM lfAlURALUGHT. BASED OllTttE Oi'ENIOOS PR.O\!iDEO TO TlfE EXTERIOR EIM!lONMENTiHE t.LLO'NABtE HA8ITABtE SPACE WOULD BE 1,100 SQ. FT. OF BASEMENT FLOOR AREA. TlfE ENTlRE BASEMENT AREA COUlO Ile USED AS HABITABLEAREA. t¼f;m;;;c:ol .-..=;,y ), 7 ,, e;our Fl EvADDN Elf"HI ff fYAWH ~~---~ ... ...,...~-ffi".~ ..... -w,;n,J._:~~ ... -.~---= BASEME!l'T PERIMETER AREACALCUL4TIOR: CALCULATIOR REQlllRED PER m:,v DEFmmotl: 40+28 X 2 = 136 L.F. ilJASM'T PERlMETERj TOTAL = 13!: L.F.X .75 = 102 Lf. BASEMENT AREA (30% LESS TttAII BUllClllG COVERAGE ARE.I.) WILL OOLY PR<MDE 72 LF eaow GRADEARE411'.mf A MODERt.."iE 14% SLOPE COUDITIONAIIO WO!ILD NO, OUt.LJF\';. ---- CALCULAT!ON REQlllRED PER OLD DEFltlmON: 40 •~ X 2 = 1GD L.f. ilJLDG PERlMEfER) 14+5+5 = 24LF.tBALCONYJ TOTAL = 18'L.F.(Bl.l1LOUIG COVERAGE) BASEMENT AREA REG'O 18-4 x .7~ = 136 LF. BASE1'ENT ARV.!30%1..EllS THAN BLDG. CO',ERAGEAREA) V.1LL PROVIDE SS LF BELOW GRADEAREAWITHAMODERA"iE14%SLOPE COf\lot1lON ANO MtOULD t,'QT OtJHUfV. t~-=..lll c: ffjl, ·=-,': Wt-.e.c.tU:J. □ D 1BE:SPE?f LEY;L 'Bb§EMM PLE:N !#AIM LEVB. Pp,,-.r 8 ECOfi'Q LEIJEl. PLAN EXAMPLE #2 -14% UPSLOPE LOT -PARTIAL BASEMENT AREA WI GARDEN PATIO V'tOULD NOT QUALIFY -DOES NOT MEET THE 15% PERIMETER BELOV't GRADE RULE 18 z •.] i V iii Cl! iLJ 1 -< f J •• < ~ 4 <t: n :l ,i: j. SI :t f' j :q Cl.. ;,,•" f,, ® ; ! 1 !t; ~ ~ f ~ .. ~fr~ ~ I-w z Ii w < '.! 1-/i \I) ifi ~#ifi .,d:lll 1-.::t-< I <( !(l ~:;:,., w~~ :,: !t'. = Q.~~i2 ·<(Slfl< l!l .....1Z IL ~3QCI. 1il01-Z -cCI<::, \)wrt9 IL. lfllll"-()()(:\'1.1 }-~2Ri tll()O. \)IL\)$ ~-trf.•• mo-.itC-TMllll)tft ffl,. EXAMPLE/12 UPSLOPE LOT PARTIAL BASM'NT WI GARDEN PA TIO A.2 I EFT e EJ.f,ItQU EBQHT sbMTIQH BIC"'Hl Et£iMTI9H EXCAYADOUflEQMD· REQUIRES APPROX. 24.000 C.!'. OF EXCA'/~.11011 (25'k GREATER THAil EXAMPLES ;\!1 OR il.2 WITH SMALi.ER BASEMENT IGARAGEAREAS). AABJTABLE BASEMBft AREA REQM:ur 2007 CBC CHAPTER 12 SECllOII 1205 REQUIRES ALL HA!lITtiBI.EAREAS TO HAVE MNIMtlM IIATURALLIGlfT. BASEOON1HE OPENINGS PROVIDED TO THE EXTERIOft ENVIRONMENT THE ALLOWABLE HABITA6LESPACE\'IOULO BE 1,100 SQ FT.OF BASEME!iffLOORAREA. THE l!EMAllllllG AREA (APPROX. 25¾) COULi} OOLY BE USED AS A MECHANIC:ALRM. OR SlORAGE AREA. r-~-~~:::-.=-- _,.,..,..__ _____ -, lti"B~~.:--~ ~-J~ --·~~---i :.1t=~·~ .. ,.,'JIii[: '> I ... ·-'tzJ?i,~:=~-~¥« .... · -~~'.~!-1 '" ~-- ~ BASEMENT PERlMETER AREA CALCUL:iIJQlj:_ CALCULATlOll REQUIREO PER NEW DEFINITION: 40 + 40 X 2 = 1611 L.F. (llASMT PERlMETER) TOTAL = 1G.i L.F. l .75 = 120 Lf. BASEMENT ARfAIS EQUAL TO BUlLDlNG FQOJPMII AREAAHDWILL FRCMDE 120 LF Ba.OW GRADE AREA l',ml A SHALLOW 10% SLOPE CONDITION AllD VIOULD QUALIFY. CALCULATIO!HIEOUIREO PER OLD DEFilNITION: -40 +,10 X 2 = 160 L.F. (llLOO PERIMETER) 14+5+5 = 24LF.(BALCOI~ TOTAL = 1M LF.(BUILDING CO'vdlAGE) BASEMENT ARfAREQ'D 184x.75= 138 LF. BASEi/ENT AREA WILL PROVIDE 129 L.f BB.OWGRADEAREAWITHASliAU.OW 10% SLOPE CONDITIOIUIID !//0!/LD NOT ~ ---- -1111;1:nlM:t~.,.au, ,.,ac.-... -..-... io-r•~~ U\'ma,C,Rtl. 1,, •. l' ~ • '1:;J~ EXAl'-'tPLE #9 -10% UPSLOPE LOT-FULL BASEMENT AREA WI ~ALI< OUT PATIO ~OULD QUALIFY -DOES MEET THE i 5% PERIMETER BELO~ GRADE RULE 19 --□ □ □ □ JV,!EYFSI Pl at! WAIN LEIJ~J'U,N 8 ECOtm LEva.. PLAN z '" '-' •J iii 11 <{ C\ 1 i j f" n.. t ),¥" t-, ® } ~ ~ .... !. ii~ ~ : f •• < ~ I-w ;z. Ii w < l'.. 1-2-.') iri ~~~ -!'.IL~ ~~t!l ;ll::,'"' ill lj ;') :i:ll!.Z c.~~~ iQ•J)< <f)JZ IL _..i SS}O. lil1)1-Z <Cl<:::, \) Ill 0C (), IL,Jllllli o<:i9: 'r~fw t:ocO C. \) n. \) ?i ...., FflOl[CTM:NliA ffln EXAMPLE~3 UPSLOPE LOT flJLL BASEMENT "'1 WALK-OUT PAT! A.3 LEFT e WFID?H fBONI Ft E./AMU :emw: =1 5•.;wu E,Xl',A'JADOHBEOM:tS· REQUIRES APPROX. 2,),000 C.f. OF EXCAVATION (25'¾ GRB.TERTHAN EXAMPLES 11 OR"2 V.TTH Slll.LLER BASEMENT J GARAGE AREAS) .u= BASEMENT PERNETER AREt. CALCULATION: CALCUlAllON REQUJRED PER l'IEN DEFINmON: ~T~• 2::~: tJ:Frt~:rJ~ETEHj BASEMENT Ali.EAi$ EQUAL TO BIJILDlNG fOOTPBlUI AREA AND Wilt Pft01 .. 1DE 120 Lf eaow GRADE AREA WITH A SHAU.OW 10% SLOPE CONO!TlON AND l'/OU!.D OVALIFY. CALCULATION REQUJRED PER OLD DEFINITION: U+.COX 2~1~0 L.f.lBLDG PERIMETER) t4 + 5 + 5 = 24 Lf. 61'.LCONYJ TOTA!. = 184. LF. (BU!!LDING CCY,/ERAGE) BASEMENT Ali.EA IIEQ'G 184> .75= 138 LF. BASEM5NT ARUWILl PR0~10E 120 LF BELOW GRADE.AREA vmH A SltALLOW HI% SLOPE COtlDITION ANO WOUL!l lfOT ~ ---- --□ □ Uu»:;J,tit.1,. MA.IN I..EVB. P'L:.N :IECOM> LE'IE!.. PUN EXAMPLE #4 -10% UPSLOPE LOT -UNDERGROUND PARKING GAR.AGE / PARTIAL BASEMENT AREA Y'>IOULC, QUALIFY -DOES MEET THE 15% PERIMETER BELO~ GRADE RULE 20 z 0 V V) u l1.! -{ n : ; i ~ ~ ti: ~i ;j i . ;, ® ;! i. r • ~ s "! ~ ·-,: { .. ' ....... --.:...i--,- .~.7...::. ....... ~ I-~ iii ,( !. 1-u 'Z. z:'1)11.l ~~i <t;I! ~;tm !;!:::, .. 11.l~~I) :r.it,~ !'.'&~:2 ~ <ri:.o< £0) :J z: IL jsQC\ illll1-Z -en<:. 1)111 Ill~ U. \I) Ill ,0 ()Q~o!. }-11-tfl Ill I-()ZCI -liO:z \)II-\,} ::s lo!m_'_~llt">_!• NIO..'ttTMllliil:ltA IK\I\ El(AMPLE#4 Ul?5LOPELOT ,UNOfRGROUNII PKG. GARAGE WI P:.RTIIIL BASMffl A.4 •" " ' • , . . 1 - , l , .. ,f' l l ' , ~ t > ' ' " ) ' • • ! o ' ! 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J . , J ~ a. w ! j; ~ ;i ; o ~ i e ~; -N -Wolfram Kalber Comments • 22 ______________________________ ., ____ _ l ~ ~ '41..AOJ,J ""?1,;of>tr oF- ftAr O-Otlf TO t;fr A"S(Jl/fr za,lc, '' J.,.,i,vG Ar J:;>. mAX. c,o~ ~,,,, <¢' ~ ~'t ... ~1;6.-t-"& ~ t-}-1<>'< e,lv#,. l,""'11' ~ Au!S~ r "6lGHHL\IIT 12,<t>F'Aca,,,; ,/$ft"'-;,# 17"' vtr ______ J __ ~~Lq" rtlUEIOIITLIMIT 97"~----:-·"----:r"~~ fr-' ------------I. , ~ l"'"'"TU•UT ,:,,,.;6' ~--;it:--=-----4f4 ___ 1. -1""""' ,..4u. S~OF 1~ Pkr. * •• -. ~----------5c~ 'r ---r-' • 2.G Fr j~ rf.,A:r rz.,o;,F'- D D I L0 "" L l ----<,RAl)E --~·.. . _:.___ .. · ADI/\Cf:~\1EOIATELY . . . ---/\CC1:SSJ TO VEHICLI! / ------------Jl--- FIGURE#4A EXEMl'T!0:-1 FOR vr:mc1.E ACCESS TO l1NOF~OROUNP PARt-fNG Acc..~$'? I D(t..l'l<f Ti> (7; tJ, e-,c,.e,t...v()lfP ~ ~r. 23 ~(!) 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J • l ~.. ///' ·•·::·· ;'.';.•<? :\-': >· .... f we..1.f1om ERRATA SHEET FOR ITEM #3 June 3, 2009 TO: PLANNING COMMISSIONERS FROM: Corey Funk, Associate Planner SUBJECT: ZCA 08-01 / LCP A 08-02 -Building Height Zone Code Amendment Staff is recommending that the Planning Commission include the following revision: • Proposed revision for the "Basement" definition, which addresses comments received from Buck Thompson. The double strike-out shows the portion to be removed from, and bold underline shows the portion to be added to the amendment language as proposed in Exhibit X, which is attached to Resolution No. 6565. • Staff response to comments from Buck Thompson and Wolfram Kalber • Comments received from Buck Thompson and Wolfram Kalber Corey Funk Section 21.04.045 "Basement" means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, as measmetl ahm.g all psints sf the enterisr perimeter sf the stffletffl'e immediately adjaeent t@ the "lntilaing e@?emge" Eaefittea: 21.Q4.Q8l), but so located that the vertical distance from exterior grade to the adjacent interior floor below is flWf© greater than the vertical distance from exterior grade to the adjacent interior ceiling above. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement. (Ord. NS-532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) Response to Comments -June 3, 2009 ZCA 08-01 / LCP A 08-02 -Building Height Zone Code Amendment Comments 1) Buck Thompson/ Pi Arc Design a. The basement definition is confusing. In the first sentence, basement is defined as the part of the building where a floor is partly below and partly above the lower of finished or existing grade, as measured along all points of the perimeter of the structure immediately adjacent to the building coverage. The second sentence states that the above definition applies to 75% of the perimeter of the basement. These two sentences seem to conflict. A suggestion is to define a basement as the part of the building where a floor is partly below and partly above the lower of finished or existing grade, and delete "as measured along all points of the perimeter of the structure immediately adjacent to the building coverage". Then state that the definition must apply to 75% of the basement (see proposed alternative definition for "Basement"). b. The basement definition should include language describing the difference between a "Basement" and a "Story", and better describe floor area ( see proposed alternative definition for "Basement"). Res_p_onse to Comments 2 Staff Response: a. Staff noted the confusion and modified the "Basement" definition to address this comment. The terms "structure" and "building coverage" were removed to clarify that the basement definition and 75% rule only apply to the portion of the building that would be the .basement. b. The term "Story" has its own definition in the Definitions Chapter of the Zoning Ordinance and is beyond the scope of this amendment. Adding definitions of floor area and story to the basement definition are not recommended. c. See above response to Comment B. Also, this implies that for the portion of a building that is basement, this portion would not be counted in height, whether it is above grade or not. This is counter to the intent of the amendment to include exposed basements in building height. d. Correct. Basements and underground parking are not considered a story. e. This was a misunderstanding that was clarified through discussion. The amendment Qroposes to apply the 75% - - ,. C. For the portion of a building that is a story, this portion rule to basements only, which specifically addresses the should be counted in height (see proposed alternative issue where the perimeter of the building coverage is definition for "Basement"). larger than the perimeter of the basement, and therefore impossible for the basement to meet the 75% rule if d. Will a basement or underground parking still not be I applied to the overall building coverage. considered a story as defined under Definitions 21.04.330 "Story"? I f. Comment noted. The 75% rule for basements is a regulation in the existing code and was not a part of this I -e. In the basement definition, changing the requirement that I amendment. No changes are proposed by staff for this "this definition must apply to a minimum of seventy-five regulation. percent of the perimeter of the building coverage for a structure to qualify as a basement" to "this definition must g. This depends on the specific design of each project. Only apply to seventy-five of the basement for that portion of a the area that is minimally necessary and pertinent to building to qualify as a basement" does not work and is getting a yehicle into an underground parking garage not possible to meet because frequently the size of a would be exempted, and an applicant would need to basement is smaller than the floor above (and demonstrate the design meets this requirement. Design corresponding overall building coverage). choices made to unnecessarily excavate areas around the entrance to underground parking would not be excluded f. In general, the 75% rule for basements is too restrictive from height. This does not mean that only retaining walls and difficult to meet, and should be less than 75% (see must be used for designing the driveway, but could "BLDG HGT" doc attached for examples). include retaining walls combined with small slopes, etc.; however, the point is that portion exempt from height g. In regard to the proposed underground parking exemption, I should be reasonable, minimally necessary and pertinent I -with a side loaded underground garage where the to getting vehicle access to the underground garage. driveway parallels the building ( and exposes subterranean parking), will this area be considered exempt, or only the I h. Yes. The intent is that only the area required to get a opening itself to the underground garage? vehicle down to underground parking would be exempt from height. h. If an exposed basement is adjacent to an underground garage opening, will the exposed basement portion of the 1. Comment noted. The intent of the amendment is to count building be counted in building height? all portions of a building exposed above grade, including 3 basements, in building height, and only to exempt the 1. Not exempting an exposed basement that is adjacent to an access to underground parking. The area of the underground parking entrance from height penalizes a underground parking entrance to be exempted is the area building/project for utilizing the potential and associated below the grade located immediately adjacent to both the benefits of subterranean space. underground parking structure and underground parking entrance, provided it is not an exposed basement. J. Other various comments about the graphics, such as whether Figure 3 adequately describes the basement J. The graphics are intended to be a general representation or definition. idea of how to interpret the code language and are neither . drawn to scale nor intended to specifically represent an -actual design. Figure 3 is intended solely to represent how height is measured if a building is situated on a sloping lot and has a basement, but does not represent how to measure a basement. 2) Wolfram Kalber / Wolf Design Build Staff Response: a. Flat roofs should be allowed to exceed the 24' height limit a. Comment noted. The scope of this amendment is limited in the R-1 zone. to the Definitions Chapter of the Zoning Ordinance and does not propose modifications to the height limits in any b. Chimneys and rooftop structures for solar equipment zone. should be exempt from height. b. Both chimneys, solar equipment and rooftop structures -C. Carlsbad size requirements for roof-decks are too that house solar equipment are exempt from height limits restrictive and it is difficult fit an elevator plus stairs per Sec. 21.46.020. Sec. 21.46.020 is beyond the scope of within the area allowed for a roof-deck. this amendment and no changes are proposed for this section. d. Access/drive for underground parking to be excluded from height is a good idea. C. Comment noted. Planning Dept. Policy No. 15 regarding roof-decks is beyond the scope of this amendment. 4 e. If the intent is to simplify the height definition, instead of measuring from every point along the perimeter of the building coverage, just draw a straight line from high point to the low point ("A" to "B") and ignore small grade variations in between. f. If the intent is to simplify the height definition, including exposed basements in height will add complexity to the project design and construction process. For a sloping property, counting basements in height will result in awkward roof planes that are difficult to design and less attractive. Only pre-existing grade should be used for measuring height. Since pre-existing grade is certified by a survey, it can always be referred to if conflicts arise in the construction process about whether too much grading is occurring or the building is too tall. g. On sloped lots pre-existing grade is always different on opposite sides of the house. To simplify, let the higher side be the "constant" height limit line. h. Planning and Engineering departments should work together to determine an acceptable percent gradient for driveways down to underground parking. 5 d. Comment noted. e. Simplification is one goal of the amendment, but changes to add simplicity are still subordinate to the overriding objective, which is a conscious decision clarify that (1) height should be accurately measured from the lower of finished or existing grade at all points adjacent to the building coverage, (2) all exposed portions of a basement are to be included height, and (3) building mass should follow topography as closely as possible. The amendment language as proposed by staff meets this clarification objective while providing adequate simplicity. f. Simplification is one goal of the amendment, but changes to add simplicity are still subordinate to the overriding objective, which is a conscious decision clarify that (1) height should be accurately meas~ed from the lower of finished or existing grade at all points adjacent to the building coverage, (2) all exposed portions of a basement are to be included height, and (3) building mass should follow topography as closely as possible. The amendment language as proposed by staff meets this clarification objective while providing adequate simplicity. Simplicity and clarity were achieved from a regulatory perspective because the conflict in the existing code between basements (measure height from the existing grade) and the "Building height" definition (measure height from the lower of existing or finished grade, at all points along the perimeter of the building coverage) no longer exists. Whether including basements - - 6 in height results in better or worse looking building is subjective. Staff feels that architecture will be improved if the house more closely follows topography and the roof line and building mass is varied because the building must follow grade. Furthermore, these regulations will increase the compatibility of new buildings on infill lots. g. The warped plane concept tilts in the direction of topography from front to back and side to side, which staff feels adequately addresses an issue where topography is different on opposite sides of the house. Using the higher side will add height to a building and runs counter to the intent where building architecture and mass follows topography as closely as possible. h. Comment noted, however this topic is beyond the scope of this amendment. - - Buck Thompson Proposed basement definition: 7 1 2 3 4 5 6 7 SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall be amended to read as follows: Section 21.04.045 "Basemenr• means that portion of a building between floor and celling whlch is completely or partially below the existing grade or finished grade, whichever Is lower1 as measured along all points of the exterior perimeter of the structure Immediately adjacent to the "building coverageH (defined: 21 :04.061), 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 celling. This definition must apply to a minimum ·of seventy-five percent of the perimeter of the basement for.that portion of a building to qualify as a basement. (Ord. NS- 532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) 8 ur--.-.i.1i:i11iii11111:ii,c'i;:"ii,...ii.iii.••t•11111iii11ar1ikiii,:iot;.aibu~lldidi1ng;;:;-:.,._='.t. betw9en=••1oariiari•ii;'•::ii;jj~~wt1iii:lldliii°iitaU1101mmm,;llllii■~ly~Ot;:Pll_;l'lllii-~· IIIIOi.ij1W.:i·i .. :t 9 dncly ........... , • ..,, •• baNment.,.. tM ........... • • (•Wirlallly,,.,.. ...... 11ar11•1ow111o1....,J1111119.-orflnilh grade)whlc:h .._.,..., ....... ......,.ftllfllrtlaarblllw lllftto,_ ........ .-....i....,,....ntnoleMIWl,IMIIIW.(?Ml)fl•-per.mat1r 10 Wlllffllftttf .. '11H1Wll ... For ,ny batelMnt atM whlctl ,_IIOIPllllllllt..,_WalN IIIIIII NcrMad. n-.1111111ne11h11111111w11tawa11 tMthaaa llnNI m111u,_tt..-.,11...,to ...... ._..,...,.. 11 ...... IIIIIW. An,flilor .. lwtexllndl beyond a b1111'1'11M..:-■1Mi11nlld1Nd•toor-dtllllly anc1-.....-wa111•;•........,.. In determining buldlng....-....... Hllglll"torundllgl'ouncl ,._. 12 .......... 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ill Is lower, at all points along the "building plane located at a height, above all poinfriiiiii!Piiilllli1II! r,'"'ffllll"'l!!l"lll'lll'!III~ the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. 1. 2. MBullding hei ht" includes: (which lhllll not be contlltlNII a ) a. All portions o a building exposed above e sting grade or finished grade, whichever Is lower. This Includes, but is not Ii ited to, all portions of exterior walls of a basement, underground parking or ther subterranean areas that are exposed above existing grade or finlthed ade, whichever is lower, and the exposed exterior portion of a basement I ted on the downhill or uphill side of a building on a sloping lot, but. does n elude the exposed portion of an 11underground parking" structure entraooe (defined: Section 21.04.370) that is mlnimally necessary to provide vehicle access to the "underground parking" .structure and which Is below the existing or finished grade, whichever is rower, of the area that is immediately adjacent to the "underground parking" structure. b. Per Section 21.46.020 of this tltle1 protrusions above the building height limit may be allowed. If a discretionary permit for a development or alteration of an existing development is approved, and such approval Includes a grading plan that shaw& a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a fmlshed grade through a discretionary permit that Is higher in elevation than the existing grade, consideration shall be given to the natural topography of the.site, 8 Buck Thompson Comments 9 ZCA 08-01/LCPA 08-02-BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2009 Page, The objectives of the proposed amendment is as follows: A. Simplify the method fot calculating maximum building height. B. Clarify that exposed exterior walls of basements arc included in the building height measurement. C. Exempt the entrance to underground patking from inclusion in the measurement of height. D. Clarify when existing and finished·grades arc to be used for measuring building height. E. Modify other zoning definitions for consistency with the proposed amendment, ?t:«~~~=~'.!r':zt:::::ffilAVl~~~~~;~~ provide these graphics as a handout available to the public at the PlanJ}ing Department counter and website. Prior to scheduling this proposed Zone code amendment for public hearing. staff distributed draft ordinance text revisions to members of the development community (i.e.; ~ Chamber of Commerce, BIA, Architects, Developers, and Planning Consultants) for review, comment and input. The comments received are included in 1he attached Exhibit B. In addition, notification of the proposed amendment was published in the North County Times and Coast News on April 17, 2009, and copies of the proposed amendment were provided at the Planning Deprutment counter for public review. • 1V. ANALYSIS A. SbnplUy the method ror ealculatlng maximum buildbag height. The existing definition of building height takes measurements of a building from all points at grade along the perimeter of the building coverage, g all points within the building coverage. For a sloping Jot with varying topography, height measurements within the building coverage are difficult to implement because the grade points must be projected horizontally through the inside of the building, and height measurements taken from these projected points. Furthermore, for points within the building coverage, the existing code definition did not distinguish whether to measure from the existing or finished grade. Also~ the existing code definition states 1hat height shall be measured to the highest point of the structure Hdirectly above that point of measurement'' as well as "to the peak of the structure'\ which can allow different interpretations. The proposed amendment will require height to be measured from all points at grade nlong only the exterior perimeter of the building coverage. Height is always measured from lowest of finished or existing grade (unless 1he project includes n discretionary permit, see item D below). The amendment proposes to measure height up to an imaginary "warped" plane located abovet and parallel to, the 1rade; and at 1hc height limit of the underlying zone. A proposed building must flt between the pade and the warped plane that parallels the srade and represents the height limit of the zone. Building height regulations arc primarUy concemcd with the visible exterior ZCA 08-01/LCPA 08-02-BUlLDJNG HEIGHT ZONE CODE AMENDMENT June 3, 2009 P e4 pads). No changes to this concept are proposed by this amendment. However, two considerations are proposed when approving a grade that is higher than the existing grade: (1) compatibility of the proposed grading with the topography of the site and surrounding properties, and (2) standards for access, utilities and drainage, Additional changes have been added for clarity, and the reference to August 1, 1991 was removed as it refers to projects that were in process at the 1ime of a previous zone code amendment and does not affect current development situations. Also, the current definition for .. Grade" was replaced by two definitions for consistency with the proposed ruqendment: "Grade, existing" and "Grade, finished'*. • E. Modify other zoning definitions for consistency with the proposed amendment. Various changes are proposed to the "Basement", "Building Height" and "Underground Parking" definitions (CMC Sections 21.04.045. 21.04.65 and 21.04.370 respectively) for clarity. such as locating all descriptions of what part of a structure are included in building height only in the Building Height definition (CMC Section 21.04.065). A second proposed mo~ification for "Basement" is designed to resolve the following problem: the current standard requires the "Basement" definition (that more basement wall be located below grade than above) to apply to 75% of the building coverage to qualify this part of the structure as a basement; however, if the floor area of a basement is much smaller than the floor area of the building above, the 75% calculation is impossible to meet. The intent of this section is that 75% of the perimeter of the basement meets this definition, and the proposed wording reflects this intent. ISEEATTACt-iEb GRAPHICS.AND COMMENTS F. General Pinn, Zoning Ordinance and Local Coastal Program Consistency The purpose of the proposed Zone Code Amendment and Local Coastal Program Amendments is to resolve ambiguities and provide clarification for the method used to calculate building height. Building height regulations are one tool that the City uses to ensure that development provides both a pleasing visual fonn and compatibility with existing neighboring development, consistent with the General Plan. Though there are no policies in the General Plan that specifically relate to the measurement of building height, the proposed amendments do not conflict with any goal, objective or policy of the General Plan, and improved clarity and consistency for building height regulations will further the goals and objectives of the General Plan. With regard to the Zoning Ordinance, the proposed amendments to the Definitions Chapter will not create any contlicts with the provisions of the Zoning Ordinance. The proposed amendment will correct existing inconsistencies and ensure that new inconsistencies do not occur. With regard to consistency with the Local Coastal Program, as mentioned earlier in this report, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance. The proposed amendment will not result in any conflict with the provisions of the LCP. 11 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15' 16 17 1 18 19 20 21 22 23 24 25 26 27 28 SECTION II: That the Section 21.04.045 of the Car.lsbad Municipal Code shall be amended to read as follows: Sectlon21.04.045 cl .. Bnemenr means that portion of a building between floor c;elling which is completely or partially below the existing grade or finished grade w ver Is lower as measured alo all nts of the exterior 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 aqacent interior ceiling. This deflnltion must apply to a minimum of seventy-five percent or the perimeter of the basement for.that portion of a bufdlng to qualify as a basement. (Ord. NS- 532 § 1, 2000; Ord. NS-204 § 1, 1992: Ord. :1w1: Ord.~:! I SECTION Ill: That the Seeton 2'L~6flhe L•--rl~ode shaN be amended to read as follows: 21.1)4.085 Building height. A. Ill "Building height" is limited to the vertical distance measured from "existing grade• (defined: Section 21.04.160) or"finished grade" (defined: Section 21.04.161)., whichever is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height. above all points along the •building coverage•, that Is equal to the height Omit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. 1. 2. NBuilding height'' Includes: a. All portions of a building exposed above the existing grade or finished grade, whichever Is lower. This Includes, but is not limited 101 all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above exfstlng grade or finished grade, whichever Is lower, and the exposed exterior portion of a basement localed on the downhill or uphlH side of a building on a sloping lot, bUt. does not include the exposed portion of an "underground parking" structure entrance (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the •underground parking" structure and 'Which Is below the existing or finished grade, whichever Is lower, of the area that ts Immediately adjacent to the "Undergrol.W'ld parking• structure. b. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. If a discretionary permlt for a development or alteration of an existing development i6 approved, and such approval includes a grading plan that shows a flmlhed grade higher in etevaUon than the exi1Ung grade, then b\lilding height may be measured from the approved flni1hed grade. In approving a finished grade through a discretionary permit that is higher in elevation thcin the existing grade, consideration shall be given to the natural topography of the-site, -4- 12 2 3 4 5 6 7 8 9 IO 11 12 13 )4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. compatibility with the existing grade of adjacent and surrounding properties, and the need to comply with required access, utility and drainage standards. When nondiscretionary permits allow retaining walls, fill or other grading, which create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, then building height shatl be measured from existing grade. (Ord. NS-675 § 1, 2003; Ord. NS-204 § 2, 1992: Ord. NS-180 § 3, 1991: Ord. 9667, 1983: Ord. 9498 § 1, 1978: Ord. 9141 § 1: Ord. 9060 § 212) SECTION IV: That the Section 21.04.065 of the Carlsbad Municipal Code shall be amended to read as follows: 21.04.160 Grade, existing. "Existing grade," for the purposes of measuring building height, means the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. {Ord. NS-180 § 4, 1991: Ord. 9060§ 231} SECTION V: That the Carlsbad Municipal Code shall be amended to add the following new section as follows: 21.04.161 Grade, finished. "Finished grade0 , for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. SECTION VI: That Section 21.04.370 of 1he Carlsbad Municipal Code shall be amended to read as follows: 21.04.370 Underground parking. "Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area Is below grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045. (Ord. NS-204 § 3, 1992: Ord. NS-180 § 8, 1991) ~,SE-E A ... TT""'!'ACH-~eo!!""!fll!!!'!G!!'!'~----AND-· COMM~ .. -!'!!!!ENTS-1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption but not until approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Cartsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __ day of _____ 2009, and thereafter. 13 , ...... . =~= • BLUE • I I I I ......... PER THE "BASEMENT" DEFINITION THIS AREA WOULD NOT QUALIFY AS A BASEMENT, BECAUSE IT DOES NOT MEET THE 75% PERIMETER RULE. HOWEVER, IF THE BASEMENT EXTENDED TO THE BUILDING "FOOTPRINT" THEN IT COULD QUITE POSSIBLY MEET THE 75% RULE. WHAT CONCERNS ME IS THE NEW DEFINITION APPLIES THE "PERIMETER MEASUREMENT" STRICTLY TO THE BASEMENT, WHERE !TWILL ALWAYS BE MORE RESTRICTIVE. PREVIOUSLY IT APPLIED TO THE "BUILDING COVERAGE" AREA WHICH, IN FACT, PROVIDES FOR A SAME SIZE OR SMALLER BASEMENT OPTION. THE NEW DEFINITION APPEARS TO BE INCONSISTENT, AND CONTRARY, FOR ALLOWING A SMALLER BASEMENT AREA. AOOTIONALLY, PER 2007 CBC, CHAPTER 12, SECTION 1205 -NATURAL LIGHT AND VENTILATION, IF A BASEMENT AREA EXTENDS TO THE LIMIT OF THE "BUILDING COVERAGE" AREA OR GREATER THEN IT POTENTIALLY LIMITS THE USABLE AREA TO STORAGE, ETC. AND NOT HABITABLE SPACE. UNLESS THE INTENT IS TO CREATE MORE STORAGE, ETC. AREA IT UNNECCESSARILY INCREASES THE OVERALL COST OF A STRUCTURE EXPONENTIONALL Y BY ADDING APPROX. 25% MORE MASS EXCAVATION PLUS RETAINING WALL SYSTEMS, ETC. TO ME THIS DOES NOT SEEM TO MEET THE INTENT OF REVISING THE DEFINITION. r----.-j ____________ .... --- ----------=--._ HElGHT LIMIT _________ J ~ .,,.....-----......: ..,,, .... EXlstfNOORADE .,~ ~ ,~, .... Ml' •. 11;11 El EXISTING ORADE ············•1··-·-·-·-· ■ I -. :f IADDITIONAL EXCAV;TED AREAi --:"'.".-.""'.I :: i ..... , .. ~ ....................... , .................. -. ■-■-■-■ -• -■-. -·-. -• -----D~ uurn=~MCl'fl-r-----..,..----- ·PJNJSH£D GRADEJ ----CUT AR.EA ' (RED DAYUGHTWai:Nrl ; _# ,.. -• • • • • • • • • • • • • • :x: • ~1-• ·x· r-.,. ...... IIAA -.a u,.a-.. ...... auau u.au.au.11.~JLu.L•..! !!!..•.!!!L•~ .__--cur AREA FIGURE#3 HEfOfIT LIMIT WITH SLOPED TOPOGRAPttY ANDDAYUOHTBASEMENT 1••····· ■ ·-------------------------------------------------: I REDI : PER THE "BASEMENT" DEFINITION THIS AREA WOULD UNDOUBTL Y QUALIFY AS A BASEMENT, BECAUSE IT WOULD EASILY MEET THE 75% RULE. ■ I I ■-------------------------------------------------•••••••• 14 - - STREET . ~~~~Tq;~~l,MMJ:$.biATELY ADJACENT TO THE ·eulLOINGCOV --· -~--. -----· -~--~·---·-FACES IMMEDIATELY ADJACENT TO THE "BUI"' i GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS ----.. PROPERTY LINE l!XEMl'TED AREA JS SHADED •• HAPS THE 75% RATIO NEEDS T(> BJ= SIGNl.2,- .;;.;;, if . ~:: }ii, !ffl . /11!'~'1 HEIGHT UMIT [ HEIGHT L]MIT HEIGHT LIMIT ------------------1------------------- DD D D im~ I I~ D D IUAYLIGHT BASEMENT AREAi, • I I I UNDERGROUND PARKING AREA a a a gGR.ADE • ~---------------------~ ~:..J • .,., ....... "''""*J.: PARKING GARAGE ENTRANCE FIGURE#4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING THIS SHOWS AN INTERESTING DRIVE\IVAY/DRIVEAISLE SLOPE CONDITION THAT THE ENGINEERING DEPT SURELY WOULD HAVE SOMETHING TO SAY ABOUT. FOR STARTERS A VEHICLE COULD NEVER TRAVEL OVER THE ADJACENT UPPER OR LOWER SLOPES WITHOUT BECOMING HIGH CENTERED -AND THIS DEMONSTRATES HOW LONG A UNDERGROUND VEHICLE APPROACH ACTUALLY HAS TO BE IN ORDER TO PROVIDE THE PROPER SLOPE AND TRANSITIONAL SLOPE AREAS. THE QUESTION IS: SINCE IT ACTUALLY TAKES A SUBSTANTIAL HORIZONTAL DISTANCE TO ALLOW FOR A SIDE APPROACHING DRIVE TO AN UNDERGROUND PARKING AREA, WHAT HAPPENS TO THE USABLE "DAYLIGHT'' BASEMENT AREA THAT IS IMMEDIATELY ADJACENT AND IS IT CALCULATED IN THE BUILDING HEIGHT? THIS STARTS TO MAKE THE TERM "IMMEDIATELY ADJACENT" SOUND A LITTLE MORE FUZ2Y TO ME. 15 - - If A "DAYLIGHT" BASEMENT WERE IN THIS AREA-WOULD THE HEIGHT LIMITATION BE BASED UPON THE FINISH GRADE IMMEDIATELY ADJACENT TO THE WALK-OUT PORTION OF THE BASEMENT? I BELIEVE THE ANSWER TO BE: YES -AS LONG AS THE VERTICAL MEASUREMENT OF THE ADJACENT WALL SURFACE AREA DID NOT EXCEED 30'-0" (OR 27'-0" IN THE CASE OF A LESS THAN 3.5 / 12 ROOF SLOPE). IF IT DID EXCEED 30'-0" THEN IT WOULD NOT MEET THE BLDG. HGT. LIMITATION, EVEN THOUGH IT IS "IMMEDIATELY ADJACENT" TO THE UNDERGROUND PARKING ENTRANCE. IN ORDER TO COMPLY WITH THE PROPOSED REQUIREMENT THIS POTENTIALLY FORCES-A "BELOW GRADE" FLOOR ELEVATION CHANGE WHICH IS COSTLY AND UNNECCESSARY. ADDITIONALLY, THIS WOULD PROVIDE NO OTHER BENEFIT THAN TO MEET AN UNINTENTIONAL AND SUBJECTIVE "BUILDING HEIGHT" CRITERIA THAT PENALIZES A BUILDING/PROJECT FOR UTILIZING THE POTENTIAL AND ASSOCIATED BENEFITS OF SUBTERRANEAN SPACE. --------~:~~~-----------[~:: ___________ [~==---- '------- • ~ !ml D D D m DmH I ~l D D 2 ....... --. ---..... -... -.. -. -.. , ........................... . ......... ·-.. --..... ----~ .. ., .............................. GRADE JMMEDlATELY ~ '---FJNISHWGRADE ~NTTOVEHICLE IMYUGKr~I ........................................ FIGURE#4A EXEMPTION FOil VEHJCL'E ACCESS TO UNDERGROl.fflD PARKJNG 16 - - LEFT fisYADQN Al9HI ELCVAD9N --~~--~•.:~.::~.:., I .....,.-: .,.,. -- -· :I I Ri I I --1-----..... =illlA BASEMENT PERIMETER AREA CALCULATION: CALCULAllON REQUIRED PER IIEW DEFINITION: 40+28 X 2:13; L.F.(BASMT PERIMETER) TOTAL = 1:!S LF. X .7S = 102 LF. BASEIENT AREA(30% LESS THAii BUIUllNG CO\>BIAGEAREA)WILI. OHLYPRO\/tDE 72 LF BB.OW GRADE AREA V.mt A MOllERATE 14% SLOPE COIIDITION AND WOULD NOT QUAUFY. ---- CALCULAllONREQUlRED PER OLD DEANITION: 40-+ <IO X 2 = 1Gll L.F. (BLDG PEIIIMETER) 14+5-+S = 2-4LF.jBALCONY) TOTAL = 184 L.F. (BUll.DlllG COVERAGE) BASEMENTAl!EAREQ'D 11!4X.73= 138 LF. BASEMENT Al!EA (30% LESS THAii BLDG. COVERAGEAREA)W!LI. PROVIDE,; LF BELOW GIIADE AREA WITH A MCOERATE 14% Sl.OFE CONDmONAND WQIILQ NQTQUAI 'fY -□ □ II . ...= I~ I ti hi I ~ □I e ,. ·; UY!NO,_XfA _MAIN LE~__l~L.;_P:t JECOHD LEVB.. PLAN EXAMPLE# 1 -14% UPSLOPE LOT -UNDERGROUND PARKING GARAGE / PARTIAL 6A::iEMENT AREA YiOULD NOT GUALIFY -DOES NOT MEET THE 15% PERIMETER 6ELOY'i GRADE RULE 17 z a Q ~ i \)(5\/)j •• Cl < t I <( 0 ... ~ . ~ ~ ~ i- -! = 1 CL. ..... 1 ,a i ®Hi ; = ! "-•-.......- .-1. ....... .,. ·--11-• ~:t~~~1 ·•-,11,w ~ ~ ~ Ill -( :t 1-2 \!) m !~m .d:~ ~tll) ~-:::,• Ill~~ :i:oc - n~2 ~ -c-1/l< 11)9zo.. ~SQCl Ii m1-z -en<:::, \)IIIOC~ II-IJ) ~ \!) ~~!Qffi ~rt{)~ ..., II..\,)':) nlc.:ICT.U•at fftJti EXAMPLE#t UPSLOPE LOT UNDERGflOUIID PKG. GARAGE W/ PARTIAL BASMllT A.1 ... _ \RTBIYfIIW - EBAII fl FYAJRI HMIIYL,Eetseer::WtftfGN11w 2N1c:ecCIW'TEK12RC'IIDll 1211l!ElllaEI AU.HAIIIT.Allt.EAIEASlOIIAVE-- NA'TIIIW.UGHT. IIAl8l OIITHE~ l'IICIIIIDB>lOTHEmBIOll~THE AU!WIII E IIAIIITAIILE IP.loCEWOULD IE 1,1NIQ.PT.Of'-l'LOOIUREA. THEEllflW;_-.MEACOUI.DllEUIBJ Al HAIIT.AILEAIEA. . ---------~·-- ~---- NTPf!WT8tAll!ACALC!14TION: CAL<:UI.AllONIIBIUIIED PEK-DEFNTIOII: ••SX2"'1XLf.llAST~ lOTAl. =1XU'.x:n=1•LF. BASEa:111'.&IEAi:,ftl.BITIWI-- COVBAGl!AIEAJIIIII..LOILYl'IIOlilllll:72.Lf' lll!l.OWGIUDEAll9'MTHA-TE 1-ll.OPECOIIDITIOII ANO IMX!l.DHOT Q(IAUFY. --- CAL<:UI.AllON--.aJPEKOI.DDEfNTIOII: •••x2=1111U'.llll.DG~ 14•$•5 = 24Lf.tllAl,COll'I) "JOTAl. = 111 Lf.(IIUI.IJIIG C0',IEIUGe) --IIBllnMx:15-=1XLf. ......,_,, IIAWLEVELPL&N !WWI JI--IYIJRI ll.UBIIBO" AIIE4Pftl.BITIWIII.DG. COVBUGl:AllfA)IIIII..LPIIOl,'IOEXLf llB.ClW GIUDE.MEAWl'IHA-lE1ffaol'E -cotanONANPitPf.Y QM2ICXYI lfY 1 If: iMJ IECOIIDLEVELPUII EXAMPLE #.2 -14% UPSLOPE LOT -PARTIAL BASEMENT AREA W/ GARDEN PATIO Y'-IOULD NOT GUALIFY -OQE:S_NOT MEET THE 15% PERIMETER BELOY'-1 GRADE RULE 18 I.) !, rt # • <( H -H " ~ 1 """ ... ~ .. ~ i I-) ".l ~ g .... c-... ·--"-• ! ~~--, :s:.-.~ !::"*~-=-~~ @ ! !z It II < l: 1-2 \!) ifi 11~'.:i'.: l:}-iii <11:t I-:J IQ ~~-11 (3 ~ Xii.% n~~i is~i ~52n ._lh,-s <D<o \)1i1t ~()5£ ►tiin 5f3s NOillltl-_ Ma A.2 I EEI R fiYATb?N ....... ........_ FBQta B MDQN BIOHI :ew.'AIJON EXcavADQH RFOM'llt REQUIRES APPROX. 24,000 CJ'. OF EXCAVATION (25\\ GREATERTl!AN EXAMPLES ii ORi2 v.tTli SMALLER BASEMENT I GARAGE AREAS). HABITABI E BASFMfflI ARfA BEQIU.§· 2007 CIIC CHA!'TER 12 SECTIOII 1205 REQUIIES AlLHABITABI.EAREASTOHWEMNIMl/.M NATIJRALUGHT. BASED ON THE OPENINGS PR(MDEDTOTHEEXTERIOREIMRONMl:NTTl!E AlLO.VABLE HABITABLE SPACE WOULD BE 1,100 SQ. FT.OF BASEMENT FLOOR AREA. THE REMAINIIIG AREA (AFPROX. 25%) COULD ONLY BE USED AS A MECHANICAL RM. OR STORAGE AREA. == BASEMENT PERlMETER AREA CALCULATION: CALCUlAllON REOlllRED PER NEW DEFINITION: 40 + 40 x 2 = 1GO LF. (BASM'T PERIMETER) TOTAL =1ei>LF.x.75=120 LF. BASEMENT AREA IS EQUAL TO BUlLDlNG FQOTPl;JNT AREA AND WILL PRO'JIDE 120 LF Ba.OWGRADEA.~V.1THASHALLOW10% SLOPE CONDmoo AND l'lOULD QUALIFY. CALCl!lAlJONREQUlRED PER OLD DEFINITION: 40 + 40 X 2 = 1GO LF-1B LDG PERIMETER) 14+5•5 = 24LF. BALCONY) TOTAL = 184L.F. [BlllLDING OOVERAGE.) BASEMBIT AREAREQ'D 11!4X .75=13B LF. BASEIIENT AREA WILL PRO\qoe 120 L.F ea.ow GRADE AREA V.1TH A SHALLOW 10% SLOPE CONDmON AND WOULD 11or ~ U~h'OARU. EXAMPLE #S -10% UPSLOPE LOT -FULL BASEMENT AREA WI Y'iALI<. OUT PATIO Y'iOULD QUALIFY -DOES MEET THE 15% PERIMETER BELOY"{ GRADE RULE 19 z Q i iJ V) •• l'£ UJ ! { 4'.: n n -~ 1 n.. • !, ; 1 ®q ;; I I H MAIN LE_l(a,__ PLAN _H;CDHO Le."a. ~UH , •• r-.:..,., ...... _ ••11:---. ,_._•h-• ;IW'o'lt# ~ ~ ~ w < l: 1- 21!> ffi wzi l:)'.:11) < !!. < ~tin d\::, .. iTI~\I) :r.ocZ n1~~ <om< in ....I z Q.. ~ssin oclfl1-s <D<() \)WOCoc IL \I) W ,!) ()()Q. >-f:i ~ t:itOz• \) Q.. \)::, - KA1a::nr"tlfl-1~ l'Ro.m:TNJICIII ft'fft EXAMPLE#3 UPSLOPE LOT FULL IIASEMENT WI WALK-OUT PATI A.3 YEI R IYtDPI ... ,_,..BfYAIPN EICAY♦JIW~ __...__24.lllc.F.Of EXCAVATION (JRGIIOTfllllloUI-.El"1011• llllHHIAl.lfR-lGAIIAGEAIIEAS). .wlllll.ll.ll r:mn "'!METEl! Al'EACAlCUl.AllOlt CALCUI.AllDII_ PBt_ llEfNllOlt ·•-X2"1NU'.fllAS)"~ lOl'Al. z1•LF.x.1Sst•LF. -.111!.lllBIUAL.10..,_ BPIPIWI AKAAIIDWl.ll'IIOVIIIE1• LI' IIEUMGIUIIEMEA'MTHAIIW.LOW11% SLOPeCOIIDITIOII AND M00tQ Q(IAI.P'f CALCUI.AllDII-PBtOLDDEl'NtlOII: 40•40XZ=1NU'.(III..DG~ 14• 5 • 5 = Z4 U'.(IIALCOIIY) lOl'Al. = 111U'.(IIUI.DIIIG CCWflUIZ) --IIEQ'D 1NX.'IS=1WU'. IIAIBIIElff AllfAWIU.PIIOYIJel211Lf IIEUMGIUIIEMEA'MTHASIIAlLCIW 111% SUll'£ COIIDITIOIIAIID ~ ~ a a □ a -- IIAltllL.§"'£!.ru,N: IEOOlm LEVEL Pl.AN EXAMPLE #4 -10% UPSLOPE LOT -UNDERGROUND PARKING GARAGE I PARTIAL BASEMENT AREA ~OULD GUALIFY -DOES MEET THE 15% PERIMETER BELO~ GRADE RULE 20 z s Q ;i j IJ~Ul~ •• ti -c ! r <C Hi -111 Cl "• i, ®;21-§I! 5 = ! ...... ~'"""' .... ·-.... "'-· il"=:~i ~~ ~-e ~ t ~ ; l'. 1-2 \!) ifi 111:z'.:r :l'. )Z ii <!b~ 1-=tia ~~-1116\l) :r." % n~~i ~9~~ ~5QO ~~~s ~~~i ~ .. !, !::~On Qt.OS ~~ IINLOPeLOT A.4 '" " f ' ' P l f u , . . _ . 1 , , . ~ J ' ! d •• - • J. - S.V 3 1 ! 1 V J. N 3 1 ' 1 3 S V 9 t ~O O ! ! V d QN / ' 1 O 1 ! 1 9 < ' 1 3 Q N J ' I i l-: l . ♦t1 1 " 9 ' S T - W Ot l . t ' + ' l ♦TI · £ It ) ~,c o r ; , . . ¥? V,1 0 f " V " ' l ' 1 1 t Y ' l \ ~ C l ' J t ' ? 9N l , . l : I M ¥ 0 ~ <!1 0 : 1 SN C I J . ¥ 1 ! 1 3 Q I S N O ? <i . . 11 ~ J. N a w a r - i a w v J. H ' S l l a H 9N r a , r ( l 9 aa s o d O < ' l d N~ I S ' ; J C J @ fl · i i ll ! C J :: , ~ \ i Id lL Jil ~ av a s , < l l v ? a1 0 AJ . l ? j~ . ! k j J j io ! i e; i 2 ,.. . . , N - Wolfram Kalber Comments - 22 •' I .. . ~ :s i 1,1 , 1 :z : i~ . -- - - - - - ~ - - - - - - ~- • ~ , k • ·:: : - ' • • ... '. •. ~ ... . . . : . '• • . :· · ... ;, . .. :· ~ 0 . . . •' -. ' vl O O - S l . a 61 9 • • •♦ t ,._ _ :.. : . . . . . .: ~ / • - ·< , . , ~ . .. .,. . . .: . : . . r• . • ~.: :": ~ . _ •• _ -· - ' .. .. J~ .; , . . .;~ . . , , ... . . ' .. /, .. ·• · : : · · ·t < - < : : " · : ~ ~ - .- \ : ' ~ / · : · .. . . . ,• .. . . ·. : . _ · _ ... . ; • •': . .. .: · . · .. Je q r e l l Wl : ! 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