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HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 4706> 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4706 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIAy RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AMENDING SECTION 21.04.045 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY THE DEFINITION OF BASEMENT CASE NAME: BASEMENT DEFINITION REVISION CASE NO: ZCA 99-07 WHEREAS, the Planning Director has prepared a proposed Zone C Amendment pursuant to Section 21 S2.020 of the Carlsbad Municipal Code to: Revise the basement definition to require seventy-five percent of a building’s perimeter to meet the basement definition as opposed only fifty percent as contained in the current definition; and WHEREAS, the proposed amendment is set forth in the draft City Cour Ordinance, Exhibit “X” dated, January 5, 2000, and attached hereto BASEMEI DEFINITON REVISION ZCA 99-07/LCPA 99-07; and WHEREAS, the Planning Commission did on the 5th day of January, 2000,l a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testim and arguments, if any, of all persons desiring to be heard, said Commission considered all fac relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commis RECOMMENDS APPROVAL of ZCA 99-07, based on the following findir FindinPs 1. That the proposed Zone Code Amendment ZCA 99-07 is consistent with the Ger Plan in that it will require basement areas of future structures to be even n 0 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 underground than what the current basement definition permits. Currently f percent of the perimeter of a basement area must qualify as a basement wl means half of the basement area has to comply with the definition while the 01 half does not. The proposed amendment to require seventy-five percent of basement area to qualify as a basement will result in the overall submergencc these features on three sides of a given structure leaving only one side that does need to meet the basement definition. By requiring basement areas to be even m submerged, as opposed to emerged, relative to existing grade, architectural ~ building mass compatibility will be enhanced in general terms citywide. 2. That the proposed ZCA reflects sound principles of good planning in that baserr areas need to be required to be located below grade to the maximum extent poss through the use of zoning definitions. 3. That the Planning Director has determined that it can be seen with certainty that ther no possibility that the project may have a significant effect on the environment in that proposed Zone Code Amendment does not involve a specific development propo and implementing the revised “basement” definition will not create new significant environmental impacts. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plant Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the follovt vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION 1) PC RES0 NO. 4706 -2- 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 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE MODIFICATION OF THE CITY’S BASEMENT DEFINITION CASE NAME: BASEMENT DEFINITION REVISION CASE NO.: ZCA 99-07/LCPA 99-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 21.04.045 of the Carlsbad Municipal Code is amer to read as follows: “21.04.045 Basement. “Basement” means that portion of a building between floor and ceiling which is partly below partly above grade as measured along the exterior (immediately outside of “building coveral perimeter of the structure but so located that the vertical distance from exterior grade to adjacent interior floor below is more than the vertical distance from exterior grade to adjac interior ceiling. This definition must apply to a minimum of seventy-five percent of perimeter of building coverage for a structure to qualify as a basement. The portion ( basement that is below existing grade is not included in the measurement of building height defined in Section 21.04.065).” EFFECTIVE DATE: This ordinance shall be effective thirty days after adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it tc published at least once in a publication of general circulation in the City of Carlsbad wi fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall no, effective within the City’s Coastal Zone until approved by the California Coastal Commission Ill Ill Ill Ill Ill Ill Ill b 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 * e INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad ( Council on the day of 2000, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the Cit Carlsbad on the day of 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2-