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