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HomeMy WebLinkAbout1993-02-03; Planning Commission; Resolution 34950 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I PLANNING COMMISSION RESOLUTION NO. 3495 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS TITLES AND CHAPTERS OF THE CARLSBAD MUNICIPAL CODE TO ALLOW ARCHITECTURAL PROTRUSIONS ABOVE HEIGHT LIMITS IN THE R-P, C-1, 0, C-2, C-T, C-My M AND PM ZONES CITYWIDE. CASE NAME: NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS CASE NO: ZCA 92-06 WHEREAS, the Planning Commission did on the 3rd day of February, 1993, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL, of ZCA 92-06, according to Exhibit(s) "A", dated February 3,1993, attached hereto and made a part hereof, based on the following findings: Findings: 1. The proposed zone code amendment will carry out the Planning commission and City Council recommendation to provide for purely architectural protrusions above building height limits in the affected zones if proposed within the context of appropriate scale and architectural innovation. 2. The amendment regulates which of the allowed protrusions above building height limits (architectural vs. non-architectural) per Section 21.46.020 can be allowed and to what height in a manner that is consistent with recent code revisions regarding building heights and minimizes modifications to current code provisions for the zones involved. ~ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3. The zone code amendment is consistent with the City's General Plan by regdatiq against out of scale protrusions on large buildings which will help to maintain the City's existing scenic and visual resources. 4. The amendment will regulate the occurrence and height of the allowed protrusions in Section 21.46.020 in a ker consistent with the city's general development intensity and scale of buildings for the zones involved 5. The amendment will place height limits on the protrusions of Section 21.46.020 for the zones involved because currently the protrusions have an unlimited height potential. 6. The amendment will not cause any significant environmental impacts since the proposed code revisions are refinements to existing regulations which received envimnmental review as described in the Negative Declaration issued by the Planning Director on May 2,1991. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993, by the following vote, to wit: AYES: Chairperson Noble; Commissioners: Schlehuber, Schramm, Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. 18 19 20 21 22 * 23 ATTEST: ABSTAIN: None. BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION 24 fly I. 1 i &,&* '\\ .i , 'Ill &., i Wd MICHAEL J. H~ZMIL~ER -7 25 1 Phming Director 26 27 PC RES0 NO. 3495 -2- 28 0 0 EXHIBIT "A" FEBRUARY 3,1993 1 2 3 4 5 6 7 i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS OF THE CARLSBAD MUNICIPAL CODE TO ALLOW FOR CERTAIN ARCHITECTURAL PROJECTIONS IN THE R-P, C-1, 0, C-2, C-T, C-M, M AND P-M ZONES. CASE NAME: NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS CASE NO: ZCA 92-6 The City Council of the City of Carlsbad, California does I 1 ordain as follows: SECTION 1: That Title 21, Chapter 21.18 of the Carlsbad 8 9 10 I' (8) Height Limits. In the R-P zone the maximum building 11 height, including the protrusions described in Section 21.46.020, Municipal Code is amended by the amendment of Section 21.18.050 (8) to read as follows: shall be: 12 13 14 15 (a) Habitable buildings, thirty-five feet. Purely architectural features that (1) do not function to provide useable floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence, may be permitted up to forty-five feet by site development plan approved by the Planning Commission: and (b) Accessory buildings, eighteen feet. qv X I1 SECTION 2: That Title 21, Chapter 21.26 of the Carlsbad I.7 (1 Municipal Code is amended by the amendment of Section 21.26.030 to, 18 19 "No commercial structures in the C-1 zone shall exceed a 20 features that (1) do not function to provide useable floor area; 21 protrusions described in Section 21.46.020. Purely architectural height of thirty-five feet or three levels., including the 24 Commission. It forty-five feet by site development plan approved by the Planning 23 ensure a building's design excellence, may be permitted up to adversely impact adjacent properties: and (4) are necessary to 22 (2) do not accommodate and/or screen building equipment; (3) do not 28 27 to read as follows: 26 Municipal Code is amended by the amendment of Section 21.27.050 (3) 25 SECTION 3: That Title 21, Chapter 21.27 of the Carlsbad read. as follows: "(3) Building Height. The maximum height of structures within the 0 zone shall not exceed thirty-five feet or three levels I I/ 0 0 and allowed height protrusions as described in Section 21.46.020 1 2 be permitted to a maximum of forty-five feet through a site shall not exceed forty-five feet. Additional building height may levels; 3 (a) The building does not contain more than three development plan approved by the City Council provided that: by the Planning Commission.H permitted up to fifty-five feet by site development plan approved, 11 are necessary to ensure a building's design excellence, may be equipment: (3) do not adversely impact adjacent properties; and (4) 10 floor area; (2) do not accommodate and/or screen building architectural features: (1) do not function to provide useable 9 if the Council makes the specific findings that the protruding architectural towers which may be permitted up to fifty-five feet 8 of architectural features such as flagpoles, steeples or Section 21.46.020 do not exceed forty-five feet; with the exception 7 (d) The allowed height protrusions as described in 18.04.170 of this code; and 6 (c) The building conforms to the requirements of Section maintained as landscaped open space; 5 beyond thirty-five feet. The additional setback area will be of one horizontal foot for every one foot of vertical construction 4 (b) All required setbacks shall be increased at a ratio l2 II SECTION 4: That Title 21, Chapter 21.28 of the Carlsbad 13 14 15 "Except as otherwise provided in this section, no building in 16 the C-2 zone shall exceed thirty-five feet or three levels in height and allowed height protrusions as described in Section 17 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet through a 18 site development plan approved by the City Council provided that: (a) The building does not contain more than three 19 levels; (b) All required setbacks shall be increased at a ratio 20 maintained as landscaped open space; 21 beyond thirty-five feet. The additional setback area will be of one horizontal foot for every one foot of vertical construction 22 (c) The building conforms to the requirements of Section 23 (a) The allowed height protrusions as described in Section 21.46..020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet 24 if the Council makes the specific findings that the protruding architectural features: (1) do not function to provide useable 25 floor area; (2) do . not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties: and (4) 26 are necessary to ensure a building's design excellence, may be permitted up to fifty-five feet by site development plan approved 27 by the Planning Commission. 28 Municipal Code is amended by the amendment of Section 21.28.030 to read as follows: 18.04.170 of this code; and 2 I1 m 0 1 2 3 4 5 6 7 8 9 10 11 The City Council may approve a height limit in excess of forty-five feet to a maximum of fifty-five feet through a site development plan for a development of forty acres or more where the council finds: (1) The height of the buildings will not adversely effect surrounding properties: (2) The buildings will not be unduly disproportional to other buildings in the area; (3) The building does not contain more than three levels : (4) An increased area in contiguous heavily landscaped open space is provided adjacent to and outside of the building perimeter and/or the parking lot. The property owner agrees not to develop the open space in the future. The increased area to be provided will be computed as follows: (x) feet increase in vertical height above thirty-five feet multiplied by one percent of the sitels building coverage square footage : (5) The building conforms to the requirements of Section 18.04.170 of this code: (6) The site must develop with a regional commercial use that would accommodate large anchor tenants." 12 SECTION 5 : That Title 21, Chapter 21.29 of the Carlsbad 13 Municipal Code is amended by the amendment of Section 21..29.060 to 14 read as follows: 15 #'No building in the C-T zone shall exceed a height of thirty- five feet or three levels and allowed height protrusions as 16 described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty- five feet through . a site development plan approved by the City I' Council provided that: 18 (a) The building does not contain more than three (b) All required setbacks shall be increased at a ratio I' of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be 2o maintained as landscaped open space: 21 (c) The building conforms to the requirements of'section 18.04.170 of this code; and 22 (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet: with the exception 23 of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the Council makes the specific findings that the protruding 24 architectural features: (1) do not function to provide useable 25 floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties: and (4) are necessary to ensure a building's design excellence, may be 26 permitted up to fifty-five feet by site development plan approved 27 by the Planning Commission. levels; 28 3 0. 0 SECTION 6: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is amended by the amendment of Section 21.30.030 to read as follows: 1 2 3 "NO building in the C-M zone shall exceed a height of thirty- 4 five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. 5 Additional building height may be permitted to a maximum of forty- five feet by the Planning Director provided that: 6 (a) The building does not contain more than three levels : 7 beyond thirty-five feet. The additional setback area will be 8 of one horizontal foot for every one foot of vertical construction (b) All required setbacks shall be increased at a ratio maintained as landscaped open space: and 18.04.170 of this code: and Section 21.46.020 do not exceed forty-five feet; with the exception 11 of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet 12 if the Planning Director,makes the specific findings that the protruding architectural features: (1) do not function to provide 13 useable floor area: (2) do not accommodate and/or screen building equipment: (3) do not adversely impact adjacent properties: and (4) 14 are necessary to ensure a building's design excellence, may be permitted up to fifty-five feet by site development plan approved 15 by the Planning Commission. Building heights in excess of forty-five feet may be approved 16 through a specific plan approved by the City Council." 17 18 19 .9 (d) The allowed height protrusions as described in 10 (c) The building conforms to the requirements of Section SECTION 7: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended by the amendment of Section 21.32.050 to read as follows: 20 21 22 23 24 25 26 27 28 "No building in the M zone shall exceed a height of thirty- five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty- five feet by the Planning Director provided that: (a) The building does not contain more than three levels: (b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; (c) The building conforms to the requirements of Section 18.04.170 of this code: and (d) The allowed height protrusions as 'described in Section 21.46.020 do not exceed forty-five feet: with the exception of architectural features such as flagpoles,, steeples or I 4 /1 II a 0 ll architectural towers which may be permitted up to fifty-five feet 1 useable floor area: (2) do not accommodate and/or screen building 2 protruding architectural features: (1) do not function to provide if the Planning Director makes the specific findings that the permitted up to fifty-five feet by site development plan approved are necessary to ensure a building's design excellence, may be 3 equipment; (3) do not adversely impact adjacent properties: and (4) 4 by the Planning Commission. Building heights in excess of forty-five feet may be approved 5 through a specific plan approved by the City Council." 6 SECTION 8: That Title 21, Chapter 21.34 of the Carlsbad 7 Municipal Code is amended by the amendment of Section 21.34.070(1) 8 to read as follows: 9 'I (1) Building Height. No building in the P-M zone shall exceed a height of thirty-five feet or three levels and allowed 10 height protrusions as described .in Section 21.46.020 shall not (a) The building does not contain more than three 12 provided that: permitted to a maximum of forty-five feet by the Planning Director 11 exceed forty-five feet. Additional building height may be 15 maintained as landscaped open space: and beyond thirty-five feet. The additional setback area will be 14 of one horizontal foot for every one foot of vertical construction (b) All required setbacks shall be increased at a ratio 13 levels: 16 18.04.170 of this code: and (c) The building conforms to the requirements of Section (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet: with the exception of architectural features such as flagpoles, steeples or I? architectural towers which may be permitted up to fifty-five feet if the Planning Director makes the specific findings that the l8 protruding architectural features: (1) do not function to provide 19 useable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties: and (4) 20 are necessary to ensure a building's design excellence, may be permitted up to fifty-five feet by site development plan approved 21 by the Planning Commission. Building heights in excess of forty-five feet may be approved 22 through a specific plan approved by the City Council." 23 24 SECTION 9: That Title 21, Chapter 21.46 is amended by the amendment of Section 21.46.020 to read as follows: 25 26 27 ''21.46.020. Allowed Protrusions Above Heiaht Limits. Roof structures specifically for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, architectural towers, flagpoles, chimneys, smoke- stacks, wireless masts and similar structures may be erected above 28 11 5 ?, ll 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the height limits prescribed in this title but no roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space, or be taller than the minimum height requirement to accommodate or enclose the intended use. However, the exception in this section does not apply if there is a specific provision in this title for the above-described protrusions or for protrusions which are architectural features-" EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least Once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 1993, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1993, by the following vote, to wit: I AYES : NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A- LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 6