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Home My WebLink About1992-03-04; Planning Commission; Resolution 3347w 0 PLANNING COMMISSION RESOLUTION NO. 3347 1 2 3 4 5 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS CHAPTERS AND SECTIONS OF THE ZONING ORDINANCE, TITLE 21, OF THE CARLSBAD MUNICIPAL CODE, TO (1) ADJUST THE THRESHOLD TO ALLOW SINGLE FAMILY AND DUPLEX STRUCTURES TO BE 35 FEET/3 STORIES, AND (2) CLARIFY THE "UNDERGROUND PARKING" DEFINITION. CASE NAME: BUILDING HEIGHT/UNDERGROUND PARKING REVISIONS CASE NO: ZCA 92-1 a WHEREAS, the Planning Commission did on the 4th day of March, 1992, 9 10 hold a duly noticed public hearing as prescribed by law to consider said request; and 11 // WHEREAS, at said public hearing, upon hearing and considering all 12 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 14 considered all factors relating to the Zone Code Amendment. testimony and arguments, if any, of all persons desiring to be heard, said Commission 15 // as follows: 16 A) That the foregoing recitations are true and correct. 17 B) That based on the evidence presented at the public hearing, the Commission 18 19 recommends APPROVAL of ZCA 92-1, according to Exhibit "A", dated March 4, Findings: 20 1992, attached hereto and made a part hereof, based on the following findings. 21 1. The amendment will codify recommendations supported by the City Council as described in Resolution of Intention No. 92-7 regarding adjusting the 35 fmt/3 the "underground parking" definition. 22 story height limit threshold to R-1-20 zones/2O,OOO square foot lots and clarifying 23 24 2. The amendment will address minor modifications and refinements necessary to the 25 building height regulations approved with ZCA 91-3 on October 8,1991. 26 3. The amendment will resolve the concerns raised about allowing 35 foot/3 stoq structures in the residential zones north of Agua Hedionda Lagoon, that led 27 Council to adopt an urgency ordinance to prevent such structures from getting approval. Specifically, adoption of this zone code amendment will cause urgenq 28 ordinance NS-189 to no longer be in effect. w 0 1 4. The amendment will not cause any signiscant envjronmental impacts since the proposed changes are refinements to existing regulations which received Director on May 2, 1991. 2 3 environmental review described in the Negative Declaration issued by the Planring 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 5 the following vote, to wit: 6 Commission of the City of Carlsbad, California, held on the 4th day of March, 1992, by 7 a AYES: Commissioners: Schlehuber, Schram, Holmes, Savary, Noble & Hall. 9 I1 NOES: Chairman Erwin. 10 11 12 13 14 15 ABSENT: None. ABSTAIN: None. "A u. TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 16 11 ATTEST: 17 18 19 1 Planning Director 20 I 21 22 23 24 25 26 27 28 PC RES0 NO. 3347 -2- /I 0 4 EXHIBIT IWA" ll MARCH 4, 1992 1 2 3 4 5 6 7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 'CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO (1) RESTRICT THE SINGLE FAMILY AND DUPLEX BUILDING HEIGHT LIMIT TO 30 FEET-2 STORIES AND TO ALLOW UP TO 35 FEET - 3 STORIES ONLY ON PROPERTIES WITH A MINIMUM R-1-20 ZONING DESIGNATION AND A 20,000 SQUARE FOOT MINIMUM LOT SIZE, AND (2) TO REQUIRE 'IUNDERGROUND PARKING" AREAS TO QUALIFY AS A "BASEMENT" TO NOT COUNT AS A '*STORY". CASE NAME: BUILDING HEIGHT/UNDERGROUND PARKING REVISIONS CASE NO: ZCA 92-1 The City Council of the City of Carlsbad, California does 8 9 ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the Carlsbad lo 11 Municipal Code is amended by the revision of Section 21.04.045 to 12 1121.04.045 Basement. 18 is not included in the measurement of building height (as defined I'i' a basement. The portion of a basement that is below existing grade of the perimeter of building coverage for a structure to qualify as l6 interior ceiling. This definition must apply to a minimum of 50% is more than the vertical distance from exterior grade to adjacent l5 distance from exterior grade to the adjacent interior.floor below perimeter of the structure but so located that^ the vertical l4 along the exterior (immediately outside of "building coverage") ceiling which is partly below and partly above grade as measured l3 I1Basementtt means that portion of a building between floor and read as follows: in Section 21.04.065) .I1 19. jj SECTION 2: That Title 21, Chapter 21.04 of the Carlsbad 20 li Municipal Code is amended by the revision of Section 21.04.065 to 21/1 read as follows: 22 (1) IIBuilding height" means the vertical distance of a 23 26 measurement. 25 highest point of the structure directly above that point of points at grade along and within the building coverage to the 24 or existing grade. The vertical distance is measured from all structure measured from the more restrictive (lowest) of finished 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 n21.04.065 Buildina Heiaht. (a) The height of a building shall be measured as follows: (2) "Existing grade" for the purposes of measuring 27 28 development or alteration of existing developments unless a I I) w e discretionary permit for such developments or alterations is I. approved. In that case, existiny yrade shall mean the grade after the property is developed or improved in accordance with the 2 grading plans which implement the approved discretionary permit. For non-discretionary pennits where retaining walls, fill or other ' 3 grading are utilized to create finished grade higher in elevation than existing grade as defined above and as determined by the 4 Planning Director, then existing grade shall be used in the 5 determination of building height. (3) Building height measurements include basements and other subterranean areas that are above existing grade. In the 6 case of basements, cellars and underground parking, building height is measured from existing grade: excluding the area below existing 7 grade. (4) Building height is measured to the peak of the 8 structure. Per Section 21.46.020 of this title, roof structures specifically for the housing of elevators, stairways, tanks, 9 ventilating fans or similar equipment required to operate and maintain the building: fire or parapet walls, skylights, 10 architectural towers, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits 11 of this ordinance prescribed, but no roof structure, or any other space above the height limit prescribed for the zone in which the 12 building is located shall be allowed for the purpose of providing additional floor space, or be taller than the minimum height 13 requirement to accommodate or enclose the intended use. If 14 SECTION 3 : That Title 21, Chapter 21.04 of the Carlsbad 15 Municipal Code is amended by the amendment of Section 21.04.370 to 16 read as follows: 17 1121.040 370 Underaround Parkina YJnderground Parking" means parking areas that are located 18 completely or partially underground where the finished floor of the parking area is below existing grade to the point where the parking 19 area qualifies as a basement as defined in Section 21.04.045. Underground parking areas are excluded from the measurement of 20 building height. However, in the case where underground parking is not completely underground, building height will be measured from 21 existing grade so that the portion of the parking structure above existing grade is part of the building height.:' 22 SECTION 4 : That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the amendment of Section 21.04.376 to 23 24 25 26 read as follows: ... 27 28 2 I w e 1 "21.04.376 Useable Livins Area. Wseable Living Area" means the area of a building intended 2 3 for habitation and/or use by the building's occupants." amendment of Section 21.07.100 to read as follows: 4 SECTION 5: That Title 21, Chapter 21.07 is amended by the 5 1121.07.100 Buildins Heisht. No building in the E-A zone used for dwelling purposes, 6 wherever located, and no building or.structure used for other than dwelling purposes and located less than one hundred feet from any 7 property line, shall exceed thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty four feet and two 8 stories if less than a 3/12 roof pitch is provided. A building or structure used for other than dwelling purposes and located one 9 hundred feet or more from any property line may exceed the maximum allowable height pursuant to conditional use permit. Single family lo residences on lots with a lot area of 20,000 square feet or greater shall not exceed thirty-five feet and three stories with a minimum 11 roof pitch of 3/12 provided.I' 12 SECTION 6: That Title 21, Chapter 21.08 is amended by the 13 14 15 16 17 It2 19 1 1. I amendment of Section 21.08.020 to read as follows: t121.08.020 Buildina Heisht. No building in the R-A zone shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty four feet and two stories if less than a 3/12 roof pitch is provided for lots under 20,000 square feet. Single family residences on lots with a lot area of 20,000 square feet or greater and within a R-A zone and specifying a -20 or greater area zoning symbol shall not exceed thirty-five feet and three stories with a ,minimum roof pitch of 3/12 provided." ~ SECTION 7 : That Title 21, Chapter 21.10 is amended by the 20 21 tg21.10.020 Buildins Heiqht. In the R-1 zone no building shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or 22 27 *'* 26 minimum roof pitch of 3/12 provided.@@ 25 symbol shall not exceed thirty-five feet and three stories with a 24 and within a R-1 zone and specifying a -20 or greater area zoning residences on lots with a lot area of 20,000 square feet or greater 23 provided for lots under 20,000 square feet. Single family twenty four feet and two stories if less than a 3/12 roof pitch is amendment of Section 21.10.020 to read as follows: 3 28 W 0 1 SECTION 8: That Title 21, Chapter 21.12 is amended by the 2 II amendment of Section 21.12.020 to read as follows: 3 4 5 6 7 Il21.12. 020 Buildina Heiaht. No building in the R-2 zone shall exceed a height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or provided for lots under 20,000 square feet. Buildings on lots with a lot area of 20,000 square feet or greater, shall not exceed thirty-five feet and three stories with a minimum roof pitch of 3/12 provided. It twenty four feet and two stories if less than a 3/12 roof pitch is SECTION 9: That Title 21, Chapter 21.27 is amended by the 8 9 10 11 12 "(B) Location of the various land uses shall be indicated by 13 the use of zone designations of development zones and overlay zones as provided in this title. Development of property within the area 14 of each such zone shall be subject to the regulations of the indicated zone unless specifically modified as a part of the master plan approval. All master plans shall allow a maximum building l5 height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty four feet and two stories if less than l6 a 3/12 roof pitch is provided for single family and duplex projects on lots with a lot area less than 20,000 square feet in size. Lots I' with a lot area of 20,000 square feet or greater and zoned R-1 and specifying a -20 or greater area zoning symbol by the master plan l8 may have a building height limit of 35 feet and three stories with a minimum roof pitch of 3/12 provided. A master plan may impose a l9 lower building height limit than those stated above in its development standards. Neighborhood commercial uses within a 2o master plan shall conform to Section 21.26.030 of the C-1 zone. Tourist-oriented commercial uses within a master plan shall conform 21 to Section 21.29.060 of the C-T zone. All other commercial uses within a master plan shall conform to the building height industrial uses within a master plan shall conform to the building 23 height regulations as contained in Section 21.34.070 (1) of the P-M zone. Office uses shall conform to Section 21.27.050(3) of the 0 24 zone. 11 25 26 amendment of Section 21.45.090(0) (5) to read as follows: deletion of Section 21.27.050(5) and the renumbering of the following subparagraphs accordingly. SECTION 10: That Title 21, Chapter 21.38 is amended by the amendment of Section 21.38.060(1)(B) to read as follows: 22 regulations contained in Section 21.28.030 of the C-2 zone. All SECTION 11: That Title 21, Chapter 21.45 is amended by the 27 28 4 W e 1 "(5) The building height limit for single family and duplex residences shall not exceed thirty feet and two stories if a 2 minimum roof pitch of 3/12 is provided or twenty-four feet and two lot area less than 20,000 square feet in size, although a lower 3 stories if less than a 3/12 roof pitch is provided for lots with a 6 minimum roof pitch of 3/12 provided.Il height limit shall not exceed 35 feet and three stories with a 5 and specifying a -20 or greater area zoning symbol, the building a lot area of 20,000 square feet or greater and within a R-1 zone 4 maximum height may be established for the project. For lots with SECTION 12: That Title 21, Chapter 21.46 is amended by the 711amendment of Section 21.46.020 to read as follows: 8 9 10 11 12 13 t121.46.020 Allowed Protrusions Above Heiaht Limits. Roof structures specifically for the housing of elevators, stahways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or 'parapet walls, skylights, architecturaltowers, flagpoles, chimneys, smoke-stacks, wireless masts and similar structures may be erected above the l4 15 height limits prescribed in this title but no roof structure, or l7 which the building is located shall be allowed for the purpose of l6 any other space above the height limit prescribed for the zone in providing additional floor space, or be taller than the minimum 18 19 height requirement to accommodate or enclose the intended use.Ig I SECTION 13: That Title 21, Chapter 21.82 is amended by the 2o 11 amendment of Section 21.82.050 to read as follows: 21 22 23 24 25 26 8821.82.050 Buildina Heiaht. No newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet and two stories if a minimum 3/12 roof pitch is pitch is provided. Building height shall be measured as defined in Section 21.04.065 of this title. Underground parking areas and basements shall not be considered a story. In the case of underground parking as defined in Section 21.04.370 of this title, or basements as defined in Section 21.04.045 of this title, building height shall be measured from the existing grade." provided or twenty-four feet and two stories if less than 3/12 roof ~ 27 11 E 28 J - .. w e 1 SECTION 14: This ordinance shall not apply to development 2 approvals are required, then development projects for which a 5 height has been specifically stated; or if no discretionary 4 discretionary approvals by March 4, 1992, for which the building 3 projects which have a complete application or received all 9 4, 1992, shall be exempt. 8 by March 4, 1992, and for which said permit is issued by September 7 building permit application was on file with the City of Carlsbad 6 EFFECTIVE DATE: This ordinance shall be effective thirty days 1o after its adoption, and the City Clerk shall certify to the I1 I! adoption Of this ordinance and cause it to be published at least 12 It Once in the Carlsbad Journal within fifteen days after its 13 /I adoption. 14 /I INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 15 /I City Council on the day of , 1992, and 16 1) thereafter 17 18 19 20 21 22 I... ... ... ... ... ... 23 24 ." *" 25 1) -. . 26 /I ' 27 28 6 I .. , /I w 0 PASSED AND ADOPTED at a regular meeting of the City Council of l. 1992, by the following vote, to wit: 2 the City of Carlsbad on the day of I 3 ABSENT : 5 NOES : 4 AYES : 6 7 APPROVED AS TO FORM AND LEGALITY 8 ll 9 J(RON BALL, Acting City Attorney lo I1 11 12 CLAUDE A. LEWIS, Mayor , 13 ATTEST: !I 14 11 15 16 ALETHA L. RAUTENKRANZ, City Clerk 17 11 18 19 20 21 22 23 24 25 26 27 28 7