HomeMy WebLinkAboutZCA 08-01; Building Height Zone Code Amendment; Zone Code Amendment (ZCA)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: June 3, 2009
Application complete date: N/A
Project Planner: Corey Funk
Project Engineer: N/A
SUBJECT: ZCA 08-017 LCPA 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
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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.; the 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. ANALYSIS
A. 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 - BUILDING HEIGHT ZONE CODE AMENDMENT
June 3, 2009
Page 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 simplicity 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. 1 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/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT
June 3, 2009
Page 4
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 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.
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 - BUILDING HEIGHT ZONE CODE AMENDMENT
June 3, 2009
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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 there 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 (LCPA)
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 / 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
Chapter 21.04
DEFINITIONS
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.
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, corner.
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 corner.
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.
21.04.355 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 of required front.
21.04.395 Yard, side.
21.04.400 Zoo, private.
21.04.045 Basement.
"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—m—the—measurement—of building—height—(as—defined—m—Section—21.04.065).
Notwithstanding Chapter 21.18 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 which 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 of a building shall be measured as follows:
(4-)A. "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 restrictive (lowest) of
finished or existing grade.—The vertical distance is measured from all points at grade
along and within the building coverage to the highest point of the structure directly above
that point of measurement.
EXHIBIT A
ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT
STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS
L "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 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.
b. Per Section 21.46.020 of this title, protrusions above the building
height limit may be allowed.
(2) "Existing grade," for the purposes of measuring building height, means the
ground level elevation which existed on or before August 1, 1991 and prior to any
grading or other site preparation related to, or to be incorporated into, a proposed
new 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 which implement the approved discretionary
notm ii"L/Cl 1111I.
2. 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, compatibility with the existing grade of adjacent and
surrounding properties, and the need to comply with required access, utility
and drainage standards.
3. Per- When nondiscretionary permits allow where retaining walls, fill or other
grading, which arc utilized to create a 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
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.
(3) 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, excluding the area
below existing grade.
(4) Building height is measured to the peak of the structure. Per Section 21.16.020 of
this title, protrusions above height limits may be allowed.
(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 walls of a
building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level
shall be measured at the sidewalks. For the purposes of measuring building height, "grade"
means the ground elevations along and within 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 excluded from the measurement of building height. However, in the case where
underground parking is not completely underground, building height will 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)
Exhibit B - Comments received for ZCA 08-01 / LCPA 08-02 from the
development commimttv-
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 isolated 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 higher or lower)?
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 21.04.065.3.4 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 Carlsbad 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 21.06,1 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 92130 858-793-4777 fax 858-793-4787 garvb@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 master 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.
PaulJ. Klukas
PLANNING SYSTEMS
1530 Faraday Ave. #100
Carlsbad, CA 92008
(760)931-0780 ph
pklukas@planningsvsterns.net
Mr, Funk,
Below are comments regarding the proposed changes to the regulations.
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-oT 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 (or a third) of the lot frontage would help minimize the street front
being to disrupted. A couple of examples of what IJm 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 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.
Hope this helps.
Raul F Diaz
Roesling Nakamura Terada architects
363 fifth Avenue, #202
San Diego, CA 92101
(619)233-1023
Original Message
From: axa@atelierxarchitects.net rmailto:axa(aatelierxarchitects.netl
Sent: Wednesday, April 29, 2009 9:49 PM
To: Raul Diaz
Subject: Fwd: Proposed revisions to building height regulations
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. I 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
xNo comments, as long as the finished grade can still be used to calculate 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.
Draft Building Height Zoning Code Amendment text - Underline / Strike-out version
21.04.065 Building height.
(a) The-hcight of-a building-shall be measured as follows:
-fl}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
immediately adjacent to the "building coverage" (defined; 21.04.061), up to the highest
points of the structure, the more restrictive QowestVof finishoc|pj existing grade.- The vertical
distance is measured from all-points at grade along and witMrphcfbuilding coverage to tho
t point of the structure directly above that point of jn^uremont;
1. "Building height" includes; ^ ^H
,
_ a. All portions of a structure exposed above tn'efexisting grade or
finished gjade, whichever is lower. This inc'iutltes. but is not limited txyj&il portions of
exterior walls of a basement, underground parMtfg or othdE^ubterrane&ii areas that are
exposed above existing grade or finished grade, wKicne^iiis lower, and tKefesposed
exterior portion of a basement locatedlbn. the downhill 'of^uphill side of a building on a
sloping lot, but does not include the^expfie&'portion of in»"underground parking"
structure entrance (defined; Section ^JK04.37Q)lthat is minimally necessary to provide
vehicle access to the "underground pariahs" structure and wJufeh is below the existing or
finished grade, whichever! iiifioVer, of thelarea thatlii^mmedialeW adjacent to the
"underground parldni^Wranlbi— —
di-scrotionary-perftut;
/ , t 2. If a?discretionaEVJpermit for a: development or alteration of an existing / ^ / $ w <
7 4U&WTdevelopment is approve'ds andlsiach approval includes a grading plan that shows a finished ^ ' ^v o;
^ e/ /&•/• grade higher in elevation1ftiS'afa8fthe existing grade, then building height may be measured o^ /•/-fs,
flu (&l fot'p from the approved finished jg;rade. In approving a finished grade through a discretionary fi\( C/"1
' . n^i*mit thof ic hicrh^r1 in f»lAva^i/^n than fltA ^YJGtin«r orrarla ^rknciH«kt*afinn chal] KA oit/An fA ttiA, , ,vT"t<T
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 adjacent and
~iQ surrounding properties, and the need to comply \vith required access, utility and drainage
f}'lf ty * standards.
.3. _ Fef When nondiscretionarv permits allow where retaining walls, fill or other c/f^i •£*
grading, which are utilized to create a finished grade higher in elevation than the grade that ,^ ,*
existed prior to the retaining wall, fill, or grading, existing grado as defined in this subsection . J ' "
as determined by tho planning director, then building height shall be measured from T^^f r
existing grade, existing grade-shall be-uscd in the determination of building height.
Corey Funk
From: Steve Wallet [steve@starckap.com]
Sent: Tuesday, April 28, 2009 11:11 AM
To: Corey Fttnk-—
Subject: 2006080 4/27/2009 Proposed Changes to Bldg Ht and Basement
Attachments: 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 perirrteter.
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 flat 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.
2l.04,0<>5 Building height.
A, "Building hciglif-means the vertical distance of n structure measured
from "existing grade" (defined: Section 2L04,160) or "finis&ied grade" (defined:
Section 21.04,16!), whichever is lower, along all points of the exterior perimeter of
(he structure iitimediil tely adjacent to the "building coverage" (defined: 21.CM.061), up
to the highest points of the structure.
1. "BuHding height" includes;
a. All porticos of a structure ^p&dTa bove tlie exist ing
grade or finished grade, whichever is lower. This Encludss, bVt is not5ifriite>d to. all
' -45 S^'V sVHj2iiportions of exterior walls of Q basement, undergrou-nd-^aj'Ring or other silo tbrran can
areas that are exposed above existing grade or fmi^ec^grade,, whichever is lo^cr, and
•the exposed exterior portion of a basement located onyhe downhill or uphill sitlefojPa
"utidergraiilid
necessary^
which is below the
building on a sloping lot, but does not include
parking" structure entrance (defined: Sectj
provide vehicle access to the "undergrou
existing or finished grade, whichever is lo^5^n^|I|§>area thai iifuouncd lately adjacent
to the "underground parking" entrance.
2, \ ra||4pfed«Dn|ry p^i
existing development is improved, ari^uch
shows a finished grade higf-*"- -'—-*** "
lllb/;eippmfejj{ or alteration of an
' osagraajng plan tliat
Jn clevati^rjjthun the ej^mg grade, then building height
grade
iisiaeratioii".pairoe gtvp^io \M nawrjiJ lopograjsa^i me sue, compuuoiuty wiin
2 •existinglgraclc of adjacetufrind swrratfiiding propeft^, and the need to comply with
quired ac-cesaluiiliiy and drainage stanaarofr
^li}*I^ lJ*!fc. ?)lt?^
the
required
other grading,
~vt\$ '"'iff)'1When nonfllgcretionai'y'penriJtsallow re?«ining wails, fill or
a fimsheK%«<te higher in elevation Ihart the gra'de that
existed prior to the relainipifcjval I, filll^r grading, ihen building height shall be
measured from existing grrftllfei,
2L04.045 Basement.
"Basement" means that portion of a building between floor and
ceiling which is completely or partially 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 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 § J, 2000: Ord. NS-204 § !, 1992: Ord. NS-180
§ 1,1991: Ord. 9060 §208)
I look forward to discussing this further,
Steve Wallet
Starck Architects
(619)299-7070x116
Corey Funk
From: Gary Cohn [gary@cohn-arch.com]
Sent: Wednesday, April 29, 2009 11:08 AM
To: Corey ~Fnrrfc—
Subject: RE: Proposed revisions to building height regulations
Attachments: CP_underground.pdf; CP_elevation.pdf; CP_site.pdf
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. 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.
• 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)
• When the text indicates measuring to the roof structure; does that mean plywood or top of roofing material?
• 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 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.
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
\\°
a
I I
Draft Building Height Zoning Code Amendment text - Clean version
21.04,065 Building height.
A. "Building height" means the vertical distance of a structurei'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 exterioit' perimeter of
the structure immediately adjacent to the "building coverage" (defined: 21":04. 061), up
to the highest points of the structure. '
1."Building height" includes:
a.
'.;?.-|a, _
SlQi^iQf a, 'W», ,iwtderground
•m 1^ »i i*J 3W t S!' *• i
All portions of a structure ^x|&sed'<|l3oye the existing
grade or finished grade, whichever is lower. This includ^. But is nofiundted to, all
portions of exterior walls of a basement, underground|||^3cing or other siil|t|rranean
areas that are exposed above existing grade or fmis|fej|>grade, whichever iss1<f||er, and
the exposed exterior portion of a basement located oo||he downhill or uphill -;&-*'-f -
building on a sloping lot, but does not include the expoieffeportiqaitflan "im
parjjiagll structure entrance (defined
Provide vehicle access to the "undergroun
existing or finished grad
to the "underground park
/ 2-( existing development i
\ shows a finished grade high'ef|in elevatignithan the exigfing grade, then building height
) may be measured from the ap"p|oy,ed fim|hed grade. fr|?|.pproving a finished grade
/ through a discre.ti0n^i:ptrmit tM||sjliigh%r.linsfe|eyationitJip the existing grade,
\ consideratiqgisfislfB'e^givien^the natfital topogra^R^sof^M site,..compatibility with
| the existing'vgrade of adjaceht|ind suri^nding propeftiB's, and the need to comply with
I ,.Q~,,;,.^ acces's]]Tu.tility and drainage o*»«^*"^«
When nondiscretionary'permits allow retaining walls, fill or
other grading, which*c^e^|e a fmishe^;ig|rade higher in elevation than the grade that
existed prior to the retaining wall, filfjf or grading, then building height shall be
measured from existing gra$e%s)j, ^llll'' *^i|P-
4&4A
21.04.045 Basement.
"Basement" means that portion of a building between floor and
ceiling which is completely or partially 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 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 abasement. (Ord.'NS-532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180
§ 1, 1991: Ord. 9060 §208)
21.04.160 Grade, existing.
"Existing grade," for the purposes of measuringj>u|jping height,
means the ground elevation prior to any grading or other site pjjegajj|tion related to, or
to be incorporated into, a proposed development or alteratip^^'^^i^no-
development. A^ ''iflr
Grade, finished.Iffpll^
"Finished grade", for the purposes ofpeasun^building hefgljt, means the
\ii»-\/-1 o>] OT/itii^M aftat* + ha /^^frif* I of*i r\n ^\T QTHW m~QriiriifT?rtT','f^t'l"»(a>t* OTfot^fiai^oi-otirvn
related to, or to be incorpot,
existing development.
21.04.370
"Underground parking'^nl^ans parKing areas that are located completely or
partially underground where the finished floosjjpf the parking area is below grade to
the point where the'!parkJng area qualifies as a basement as defined',in Section
21.04.045. (Ord. Ns36|||3, 1992:]||i. NS-180 § 8, 1991)
'%Jl^^m&
Draft Building Height Zoning Code Amendment text - Underline /Strike-out version
21.04,065 Building height.
Tho height of a bujiaing-shall-bo measured as follows-;
A. "Building height" means the vertical distance'^f a structure measured from
"existing grade" (defined:/Scction 21.04.160) or "fmislied grade" (defined: Section
21.04.161). whichever is fower. along all points'^fthe exterior perimeter of the structure
immediately adjacent to the "building coverage" ("defined: 21.04.061), up to the highest
points of the structure, tho more restrictive (lowest) of fmishe.d|ar- existing grade. Tho vortical
distance is measured from all points at grade along and witluntti|c>:bui|ding-coverage to tho
highest-point of the structure directly above that point of ffl^suromont.
1. "Building height" includes:
I
All Slfp? wliife / *strufetufi exposed above tnelejdsting grade or
finished gPade. whichev^isTOwer^ This includes, but is not limitexHolsUl portions of
exterior walls of a basemeirtTu'nderground parWtfg or othejjj^iub^rran'einj'areas that are
exposed above existing grade or finished grade, wfiiche'veijfis lowgr, and ttfetexposed
exterior portion of a basement locai^Hlon.the downftiiiJayuphttl side of a buiFding on a
sloping lot, but does not include the^ixposetfeportion of aini"underground parking"
structure entrance (defined; Section 23l04.370l!that is mitiiin'ally necessary to provide
vehicle access to the "underground parlohg" structure and which is below the existing or
finished grade. whicheve'EJiillb'wer, of the^rea thatfisnifnhiediafely' adjacent to the
"underground parkirigXentran1
,.(^«Jr3<!-"ip • • ttnT-jS''.^. '<s">i;.;'f • i v*aift.i.ftft>:.t • , /• 11 i ,ration;:of existing deyeppmerteuii oss a discretionary permit for such developments or'.S.Vij'ljl.. ° kf*!!i^JrV; ''"ijlf^'J;, ""''' ^ *ratio;hf!ist approved. Iii"IHat case':c,'oxisti'ng grade" shall mean the grade after the propert)' is'^-'"'h '•i'l'n ^y?-s-cvolopod orjipprovcd in accordance -SyJ^Jho grading plans which implement the approved -~>
iscretionaiVpotmit. 'life,. "''5''' . ,'i3JS;!(,. tli^i ^
^%k vvi . . ._ 2. _ If a^discretionary? permit for a' development or alteration of an .existing
development is approved, anffisuch approval includes a grading plan that_$hows a finished
grade higher in elevationffithian'the existing grade, then building heiglvfrnay)bc measured
from the approved finisheygrade. In approving a finished grade thro^gtTa 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 adjacent and
surrounding properties, and the need to comply with required access, utility and drainage
standards.
3, _ Fef When nondiscretionary permits allow whoro retaining walls, fill or other
grading, which are utilized to create a 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 used in the determination of building height.
f^
(3} ik4kfagJ3£ight measurements include basements and other subterranean areas
th-at are above existing grade. In the case of basements, collars and underground parking, building
height is measured from existing grade, excluding the area below existing grade.
(4} Building height is measured to the peak of the-structure. Per Section 21.16.020 of
this title, protrusions above height limits may be allowed,
21.04.045 Basement. <,(
"Basement" means that portion of a building be]^|enj|loor and ceiling which is
completely or partially below partly below-and partlyfabjOvd'Weigrade as measured along all
points of the exterior (immediatoly-outside of "buildip.gvcoverage^)|perimeter of the structure
immediately adjacent to the "building coveragfeW^defined; 21.041061'). but so located that the
vertical distance from exterior grade to the adja'cl'Bf'interior floor beldwtaijjrnore than the vertical
distance from exterior grade to adjacent interiofi|^]ing. This definition rmfs|vapply to a minimum
of seventy-five percent of the perimeter of the basement bujtld;i|it": coverage follthat portion of a
building a structure to qualify as a b.asgrnent. The poffiipq^lffi basement that is!,.bplow existing
grado.-is not-included in the mca5urcm|n|tpjjpuilding hef^S^as defined in Section 21.01.065)v
Notwithstanding Chaptor-21.48 of this'^dbfjicisting buil4ings,.and projects which have a
complete application or received•discrehohaiy''ap'proyals by Janiiary 25, 3000;-or'if-no1 * * vi-i'u1; * *' 1fS*'<^j-iK * •-.'1i,---j-..r ' '
21.04,160||^Grade, existing;;
' '^lli ^%Uthe avotago of the'finished ground level at the center of all walls of a
&H+y ing. IrH^as^^te-afe-paFallelite and >YitH-iR-f4ve-jeet-ef-a-sldewalk, the abovoground lev
shall be measured attKo^sidowalksf For tho purposes of measuring building height, "grade"
means the ground elevatfohA.dlqrjg and within the area of building coverage. (Ord. jj.S-180 § 1,
1991:0rd. 9060 §231) '^l|||^' ' " ^
"Existing grade." for tne 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.
21.04.161 . 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 .fysloy existing grade to the point
where the parking area qualifies as a basement as defined<iij|Sec1:ion 21.04.045, Underground
parking areas arc excluded from the measurement of b^MtingWeight, However,'in the case where
underground parking is not completely undcrground^buirding ho'ighjt-jWill be measured from
existing grade solhat-the portion of the parking struqfurc above existing, grade Is part of the
building height. (Ord. NS-204 § 3, 1992: Ordj<||ff80 § 8, 1991) '^!||is
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Minor subdivisions are approved by the City Engineer andconsidered discretionary, so the provisions proposedSec.21.04.065.2 would apply. Ministerial projects such as bipermits are not considered discretionary. Also, for properti03
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sites that slope in one direction, parallel to the building. 1 amconcerned that this definition is much harder to apply when a sitslopes at an angle to the building and/or in multiple directions. Sattached (very rough) sketch where using the proposed method ia more complex slope yields 4 different building heights, for asimple building with a hip (pyramid shaped) roof. We suggest thafor complicated slopes, you use the existing method of measurinbuilding height-where we measure to existing grade within thebuilding footprint. We know that it is complicated, but we can'tsee any other solution for complex slopes. Perhaps you can addlanguage that allows the existing method as an alternate, at theapplicant's choice. Many sites in Carlsbad have these kinds ofc
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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 pointX)See above response to Comment 1. Certain architectural elementsare allowed to exceed height limits according to Sec. 21.46.020.QJ
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QJa.When the text indicates measuring to the roof structure; does thatu mean plywood or top of roofing material?Are there any provisions for Chimneys? By California Building Codethe opening of the flue needs to be a minimum of 24" higher than73 any roof within 10' -0" of it. This usually means the top of the sparkarrester is about 3'-6" higher than any roof within 10' -0". Mostcodes allow a provision or exception for chimneys to exceed themaximum building height.Are there any provisions or exceptions for towers or Architecturalelements to exceed maximum height.a)In regard to Underground parking; how do you determine the"minimum necessary to provide access" in underground parking?M-I Can you slope grade down to the drive? Does it have to beretained? (See underground graphic) How much room can 1 haveID
f 1 can turnaround inside the garagee to be narrower than if 1 have toon either side of the door? 1does my door/driveway havre difference between commercialbackup the driveway? Is the? (In commercial the minimumapplications and residentialsuggestion is to address this issuerM
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ERRATA SHEET FOR ITEM #3
June 3,2009
TO: PLANNING COMMISSIONERS
FROM: Corey Funk, Associate Planner
SUBJECT: ZCA 08-017 LCPA 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
measured along all points of the exterior perimeter of the atructurc immediately adjacent
to the "building coverage" (defined: 21.01.061), but so located that the vertical distance
from exterior grade to the adjacent interior floor below is more 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
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measured along all points of the perimeter of theimmediately adjacent to the building coverage ".state that the definition must apply to 75% of thebasement (see proposed alternative definition for•+-J
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regulation in the existing code and was not a part of thisamendment. No changes are proposed by staff for thisregulation.g. This depends on the specific design of each project. Onl;the area that is minimally necessary and pertinent togetting a vehicle into an underground parking garagewould be exempted, and an applicant would need todemonstrate the design meets this requirement. Designchoices made to unnecessarily excavate areas around theentrance to underground parking would not be excludedfrom height. This does not mean that only retaining wallmust be used for designing the driveway, but couldinclude retaining walls combined with small slopes, etc.;however, the point is that portion exempt from heightshould be reasonable, minimally necessary and pertinentto getting vehicle access to the underground garage.-4—1 „.. t/3 ^ C 503 P 3 (^ O &
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Buck Thompson Proposed basement definition:
1 SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall
2 be amended to read as follows:
3 Section 21.04.045
4 "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
5 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
6 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
7 the perimeter of the basement Tor 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
9
10
11
"Basement" means a portion of a building area, between floor and ceiling, which is completely or partially below the
directly adjacent grade. To qualify as a basement area the adjacent exterior wails (as vertically measured from a point
along the towest of either existing grade or finish grade) which have a greater distance to the adjacent interior floor below
than to the adjacent interior ceiling above shall represent no less than seventy-five (75%) of the total perimeter
measurement of the basement area. For any basement area which has no apparent exterior wall a line shall be created,
and along this line it shall represent a wall that has a lineal measurement which Is greater to the celling 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
structure entrance exemption.
13
17
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. "Building height" includes:
| (which shall not be considered a story)
a. All portions of a building exposed above the e>
whichever is lower. This includes, but is not lir lited to, all portions of exterior
walls of a basement, underground parking or
. „ are exposed above existing grade or finished <
the exposed exterior portion of a basement \<y
side of a building on a sloping lot, but does not Delude the exposed portion of
an "underground parking" structure entrance
isting grade or finished grade,
>ther subterranean areas that
rade, whichever is lower, and
ated on the downhill or uphill
(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.
22 b. Per Section 21.46.020 of this title, protrusions above the building height limit
23 may be allowed.
24 2. If a discretionary permit for a development or alteration of an existing
development is approved, and such approval includes a grading plan that shows
25 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
26 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,
27"
28 .4.
Buck Thompson Comments
ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT
June 3, 2U09
Page 2
The objectives of ths proposed amendment is as follows;
A. Simplify the method for calculating maximum building height,
B. Clarity 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 ore to be used fcr measuring building height.
E Modiiy otter zoning definitions for consistency with the proposed amendment.
pLL A QA3CMCNT OR UNDERGROUND PARKING STILL NOT DC CONS1DCRCD A 3TORY|S (5^ ftjg
AS DEFINED UNDER "DEFINITIONS" 21 04.330 STORY? I .„„. • (lv••••••^^^••••••••MMBHHBB^BIBBBWWMMMN^^ lt> \V
provide thcss graphics as a handout available to ths 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.; Ihe Chamber of
Commerce, BIA, Architects, Developers, and Planning Consultants) for review, comment and
input. The comments received arc included In the attached Exhibit D. In addition, notification of
the proposed amendment was published in the North County Times and Cuts! News on April 17,
2009, and copies of the proposed amendment were provided at the Planning Department counter
for public review.
iV. ANALYSIS
A. Simplify the method for calculating maximum building height.
The existing definition of building height takes uieasiwemaifs of a building from ali points at
grade along the perimeter of the building coverage, and ali points within the building coverage.
For a sloping lot vvi1h 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 nrst distinguish whether to
measure from the existing or finished grade. Also, the existing code definition states that height
shall be measured to die highest paint 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
(he exterior perimeter of Ihe 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 amencirrient proposes to measure height up to an imaginary "warped" plane located above,
and purulkl to, the ujade; and at Ihe height limit wf the underlying isunc. 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 arc primarily concerned with the visible exterior
10
ZCA 08-0 J/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT
June 3, 2009
Paec4 _
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 or the proposed grading with the topography orthc site and surrounding properties,
and (2) standards for access, utilities and drainage.
Additional changes have been added for clarity, and the reference to August I, 1991 was
icmoved 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,
existing1' and "Grade, finished",
E. Mortify other zoning definition* for consistency with the proposed amendment.
Various cijuuyes aic proposed lu the "Basement", "Building Height1' and "Uudergtxwiid Parking"
definitions (CMC Sections 21.04.045, 21.04.65 and 21.04.370 respectively) For clarity, such as
locating oil 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" detmician (that more basement wall be located
below grade than above) to apply to 75% of ihe building coverage to qualify this part of the
structure as a basement; however, If the floor area of a basemsnt is much smaller than tte 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
F. General Plan, Zoning Ordinance and Local C'oasJnl Program Consistency
The purpose of the proposed Zone Code Amendment and Local Coastal Program Amendments is
to resolve ambiguities and provide dariricaliuu far die rnclhud used tu calculate building height.
Building height regulations arc one tool that the City uses to ensure thai 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 ond ensure that new inconsistencies do nol occur.
With regard to consistency with the Local Coastal Program, as mentioned earlier in this report,
Ihe 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 nul result in any conflict with the provisions of the LCP.
11
1 SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall
2 be amended io read as follows:
[SEE FIGURE #4 COMMENT!
3 Section 21.04.045
4 "Basement" means that portion of a building between floorArid ceiling which is
completely or partially below the existing grade or finished grade, _wrjcheyer is lower, as
5 measured 3!55S^L&O^L^e^ctertor perimeter of the structure (jmmediatety adjacent to the;
("buifdihf <»ye^ but so located that the vertical distance from exterior
6 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 [sEEftTMcpEQ GRAPHMSS AND COMMENTS\
SECTION III: That the Section kn,U4.uoo 01 me uansoao Municipal Code shall
9
be amended to read as follows:
10
21.04.065 Building height.
A. "Building height' is limited to the vertical distance measured from "existing grade"
'2 {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) tip 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.
15 1. "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 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
• a 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)
2Q 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, i > "..• ..!••". , M. .. . . .i- a ISEE ATTACHED GRAPHICS AND COMMENTS I22 I I
b. Per Section 21.46.020 of this title, protrusions above the building height limit
23 may be allowed.
24 2. If a discretionary permit for a development or alteration of an existing
development is approved, and such approval includes a grading pian that shows
25 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
26 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,
27
28
-4-
12
1 compatibility with the existing grade of adjacent and surrounding properties, and
the need to comply with required access, utility and drainage standards,
When nonriiscretioaary permits allow regaining walls, fil or other grading, which
3 create a finished grade higher in elevation than the grade that existed prior to the
retaining wall, fill, or grading, then building height shall be measured from
4 existing grade. (Ord, NS-675 § 1, 2003; Ord. NS-204 § 2, 1992: Ord, NS-180 § 3,
1991: Ord. 9667, 1983: Ord. 9498 § 1, 1973: 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 fellows:
7
21.04.160 Grade, existing.8
"Existing grade." for the purposes of measuring building height, means the ground
9 elevation prior to any grading or other site preparation related to, or 10 be incorporated Into, a
proposed development or alteration of an existing development. {Ord. NS-1BO § 4, 1991: Ord.
10 9060 §231)
SECTION V: That the Carlsbad Municipal Code shall be amended to add the
12 following new section as follows:
13 21.04,161 Grade, finished.
"Finished grade", for the purposes of measuring building height, means the finai ground
elevation after the compfelion of any grading or other site preparation related to, or to be15 incorporated into, a proposed development or alteration of an existing development
16 SECTION VI; That Section 21,04.370 of tie Carlsbad Municipal Code shall be
' 7 amended to read as follows;
18 21.04.370 Underground parking.
19 "Underground parking" means parking areas that are located completely or partially
2Q 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.
2, (Ord. NS-204 § 3, 1992: Ord. NS-180 § 8, 1991)
22 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 si least once in a
25 publication of general circulation in the City ot Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on 1he _ day of _ 2009, and thereafter.
28
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