HomeMy WebLinkAbout1991-10-22; City Council; NS-180; CMC amends - Building height program...I\ 0 e
1 ORDINANCE NO. NS-180
2
3
4
5
6
7
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 FOR THE PURPOSES
OF (1) THE REVISION AND ADDITION OF ZONING DEFINITIONS,
(2) THE ESTABLISHMENT OF BUILDING HEIGHT REDUCTIONS IN
CERTAIN ZONES, (3) THE ESTABLISHMENT OF BUILDING HEIGHT INCREASES IN CERTAIN INDUSTRIAL AND COMMERCIAL ZONES, AND
(4) CLARIFICATION OF THE BUILDING HEIGHT LIMIT WITHIN THE BEACH AREA OVERLAY ZONE. CASE NAME: BUILDING HEIGHT PROGRAM CASE NO: ZCA 91-03 I
8
9 ordain as follows:
The City Council of the City of Carlsbad, California c
10 SECTION 1: That Title 21, Chapter 21.04 of the Carls
11
16
distance from exterior grade to the adjacent interior floor be perimeter of the structure but so located that the vertj 15
along the exterior (immediately outside of "building coverac ceiling which is partly below and partly above grade as meas1 14
B1Basement11 means that portion of a building between floor 1121.04.045 Basement. 13
read as follows: 12
Municipal Code is amended by the revision of Section 21.04.04:
is more than the vertical distance from exterior grade to adjac interior ceiling. This definition must apply to a minimum of of the perimeter of building coverage for a structure to qualifl I" a basement. The portion of a basement that is below existing g~
is not included in the measurement of building height (as defj l8 in Section 21.04.065) . In no case shall a basement con1
19 underground parking. IS
2o I SECTION 2: That Title 21, Chapter 21.04 of the Carls
21
22
Municipal Code is amended by the addition of Section 21.04.061
read as follows:
23 1121.04.061 Buildins Coverase. "Building coverage" is defined as the total ground area c site occupied by any building or structure as measured from 24 outside of its surrounding external walls or supporting membc
30 inches from the face of any building, awnings, open parkinc 28
Excluded from building coverage are roof eaves extending less t
Building coverage also includes the perimeter area of a basemc 27
which overhang a ground level story, garages and covered carpol 26 buildings such as overhanging balconies, oriel windows, st01 arcades, bridges, permanent structural elements protruding 1 25 Building coverage includes exterior structures such as staj
e e
l.
or grade-separation retaining walls. VI 2 greater than six feet in height such as wing-walls, planter wa
areas, structures under 30 inches in height and masonry walls :
3 SECTION 3 : That Title 21, Chapter 21.04 of the Carls
4
5
Municipal Code is amended by the revision of Section 21.04.065
t121.04.065 Buildinq Heiqht. 6
read as follows:
(a) The height of a building shall be measured as follow
structure measured from the more restrictive (lowest) of finis 8
measurement. 10
highest point of the structure directly above that point 9 points at grade along and within the building coverage to or existing grade. The vertical distance is measured from
(2) tlExisting grade" for the purposes of measur building height means the ground level elevation which existed 11 or before August 1, 1991 and prior to any grading or other s preparation related to, or to be incorporated into, a proposed 12 development or alteration of existing developments unless discretionary permit for such developments or alterations 13 approved. In that case, existing grade shall mean the grade af the property is developed or improved in accordance with 14 grading plans which implement the approved discretionary perm For non-discretionary permits where retaining walls, fill or ot 15 grading are utilized to create finished grade higher in elevat than existing grade as defined above and as determined by 16 Planning Director, then existing grade shall be used in determination of building height. 17 (3) Building height measurements include basements
other subterranean areas that are above existing grade. In 18 case of basements, cellars and underground parking, building hei
is measured from existing grade: excluding the area below exist 19 grade.
20 structure. Per Section 21.46.020 of this title, penthouses or I structures for the housing of elevators, stairways, tar 21 ventilating fans or similar equipment required to operate
maintain the building; fire or parapet walls, skyligt 22 architectural towers, flagpoles, chimneys, smokestacks, wire1 masts and similar structures may be erected above the height lin 23 of this ordinance prescribed, but no penthouse or roof structc
or any other space above the height limit prescribed for the z 24 in which the building is located shall be allowed for the purr of providing additional floor space, or be taller than requirec 25 accommodate the intended use.
26 ...
27 ...
7 (1) ltBuilding heightt1 means the vertical distance o
(4) Building height is measured to the peak of
28 2
I1 e ll 0
1 SECTION 4: That Title 21, Chapter 21.04 of the Carl
2
3
Municipal Code is amended by the revision of Section 21.04.16
read as follows:
4
5
6
7
1t21.04.160 Grade. ltGradell means the average of the finished ground level at center of all walls of a building. In case walls are paralle. and within five feet of a sidewalk, the above ground level shal measured at the sidewalks. For the purposes of measuring buill height ltgradelt means the ground elevations along and within area of building coverage.11
8
Municipal Code is amended by the addition of Section 21.04.20. 9
SECTION 5 : That Title 21, Chapter 21.04 of the Carl
10 read as follows:
11
20
19
18
17
II21.04.222 Lot Coveraqe. 16
read as follows: 15
Municipal Code is amended by the addition of Section 21.04.22. 14
SECTION 6 : That Title 21, Chapter 21.04 of the Carl: 13
structure. 11 12
1121.04. 202 Level. An occupied or usable horizontal and vertical space of a
See Building Coverage. It
SECTION 7 : That Title 21, Chapter 21.04 of the Carl:
Municipal Code is amended by the revision of Section 21.04.33(
read as follows:
1121.04.330 Story. 21 tlStoryll means that portion of a building included between surface of any floor and the surface of the floor next above 22
Underground parking, a basement or a cellar shall not be considc 23 and the ceiling next above it shall be considered a stc If there be no floor above it, then the space between such f:
provided that they do not exceed 50% of the floor area of the st 24 a story. Lofts or mezzanines shall not be considered a st
they are located within." 25
26
27
...
...
28 3
@ 0
It
2. I1 SECTION 8: That Title 21, Chapter 21.04 of the Carls
2 IIMunicipal Code is amended by the addition of Section 21.04.37C
3 IIread as follows:
4 1121.04.370 Undersround Parkins.
Parking areas that are located completely or partie 5 underground where the finished floor of the parking area is be
existing grade. Underground parking areas are excluded from 6 measurement of building height. However, in the case wk
underground parking is not completely underground, building hej 7 will be measured from existing grade so that the portion of
parking structure above existing grade is part of the built 8 height. In no case shall underground parking areas contain
useable living area." 9 // SECTION 9: That Title 21, Chapter 21.04 of the Carl5 10
11
12
13 1121.04.376 Useable Livins Area.
The area of a building intended for habitation and/or US(
the building's occupants. In no case shall useable living arei 14 part of an underground parking area.I1
15 SECTION 10: That Title 21, Chapter 21.07 is amended by
16 amendment to Section 21.07.100 to read as follows:
17 1121.07.100 Buildins Heiqht.
No building in the E-A zone used for dwelling purpo; 18 wherever located, and no building or structure used for other '
dwelling purposes and located less than one hundred feet from 19 property line, shall exceed thirty feet and two stories i
minimum roof pitch of 3/12 is provided or twenty four feet and 20 stories if less than a 3/12 roof pitch is provided. A buildin
structure used for other than dwelling purposes and located 21 hundred feet or more from any property line may exceed the max
allowable height pursuant to conditional use permit. Single fa 22 residences on lots with a lot area of 15,000 square feet or gre
shall not exceed thirty-five feet and three stories.1' 23
24
Municipal Code is amended by the addition of Section 21.04.376
read as follows:
SECTION 11: That Title 21, Chapter 21.08 is amended by
25
26
27
amendment to Section 21.08.020 to read as follows:
1'21.08.020 Buildins Heisht. No building in the R-A zone shall exceed a height of th feet and two stories if a minimum roof pitch of 3/12 is provide twenty four feet and two stories if less than a 3/12 roof pitc
28 I1 4
0 0
I. provided for lots under 15,000 square feet. single fa
5
4
symbol shall not exceed thirty-five feet and three stories.Il 3
and within a R-A zone and specifying a -15 or greater area zo 2 residences on lots with a lot area of 15,000 square feet or gre
SECTION 12: That Title 21, Chapter 21.10 is amended by
amendment to Section 21.10.020 to read as follows:
6
7
8
9
t121.10.020 Buildins Heiqht. In the R-1 zone no building shall exceed a height of th feet and two stories if a minimum roof pitch of 3/12 is provide
twenty four feet and two stories if less than a 3/12 roof pitc
provided for lots under 15,000 square feet. Single fa: residences on lots with a lot area of 15,000 square feet or gre
and within a R-1 zone and specifying a -15 or greater area zo
symbol shall not exceed thirty-five feet and three stories.I*
10 SECTION 13: That Title 21, Chapter 21.12 is amended by
11 amendment to Section 21.12.020 to read as follows:
12
13
14
15
tt21.12.020 Buildins Heiqht. No building in the R-2 zone shall exceed a height of th. feet and two stories if a minimum roof pitch of 3/12 is provide1 twenty four feet and two stories if less than a 3/12 roof pitcl provided for lots under 15,000 square feet. Buildings on lots I a lot area of 15,000 square feet or greater, shall not exc thirty-five feet and three stories."
16
five feet. 11 19
1121.20.030 Buildins Heiqht. 18
amendment to Section 21.20.030 to read as follows: 17
SECTION 14: That Title 21, Chapter 21.20 is amended by
No building in the R-T zone shall exceed a height of thi:
20 SECTION 15: That Title 21, Chapter 21.22 is amended by .
21 amendment to Section 21.22.020 to read as follows:
22
five feet." 23
1121.22.020 Buildins Heisht.
of thirty-five feet or three levels. 27
1121.26.030 Buildins Heisht. 26
amendment to Section 21.26.030 to read as follows: 25
SECTION 16: That Title 21, Chapter 21.26 is amended by 1 24
No building in the R-W zone shall exceed a height of thil
No commercial structures in the C-1 zone shall exceed a he.
28 5
I/ @ e
1 SECTION 17: That Title 21, Chapter 21.27 be amended by 1
2 amendment to Section 21.27.050(3) to read as follows:
3 1121.27.050 Development Standards.
(3) Building Height. The maximum height of structures wil 4
6
five feet through a site development plan approved by the ( 5 Additional building height may be permitted to a maximum of fo~ the 0 zone shall not exceed thirty-five feet or three lev6
(b) all required setbacks shall be increased at a ratic 7
(a) the building does not contain more than three levt
Council provided that:
(c) the building conforms to the requirements of Sect:
area will be maintained as landscaped open space: and
construction beyond thirty-five feet. The additional setl 8
one horizontal foot for every one foot of vert:
9 18.04.170 of this code.
10 Subsection 21.27.050 (5) is repealed.
11// SECTION 18: That Title 21, Chapter 21.28 is amended by 1
12llamendment to Section 21.28.030 to read as follows:
13
14
15
16
17
18
19
20
21
22
23
2#
25
26
27
1121.28.030 Buildins Heisht. Except as otherwise provided in this section, no buildinc the C-2 zone shall exceed thirty-five feet or three levels height. Additional building height may be permitted to a max. of forty-five feet through a site development plan approved by City Council provided that: (a) the building does not contain more than three levc (b) all required setbacks shall be increased at a rati' one horizontal foot for every one foot of vert construction beyond thirty-five feet. The additional setl area will be maintained as landscaped open space; and (c) the building conforms to the requirements of Sect
18.04.170 of this code.
The City Council may approve a height limit in excess forty-five feet to a maximum of fifty-five feet through a I development plan for a development of forty acres or more where Council finds:
(1) The height of the buildings will not adversely ef surrounding properties;
(2) The buildings will not be unduly disproportional . other buildings in the area.
(3) the building does not contain more than three lev(
(4) an increased area in contiguous heavily landscape1 open space is provided adjacent to and outside of the buill
perimeter and/or the parking lot. The property owner agrees no
develop the open space in the future. The increased area to be provided will be computed as folll (x) feet increase in vertical height above 35 feet
28 11 6
I, 0
I. multiplied by 1% of the site's building coverage square footac
18.04.170 of this code and: 2 (5) the building conforms to the requirements of Sectj
3 (6) the site must develop with a regional commercial 1 that would accommodate large anchor tenants.I9 4
5
6
SECTION 19: That Title 21, Chapter 21.29 be amended by
amendment to Section 21.29.060 to read as follows:
8821.29.060 Buildins Heisht. 7 No building in the C-T zone shall exceed a height of thi~
five feet or three levels. Additional building height may 8
9
permitted to a maximum of forty-five feet through a : development plan approved by the City Council provided that: (a) the building does not contain more than three levt (b) all required setbacks shall be increased at a ratic
11 construction beyond thirty-five feet. The additional set1 area will be maintained as landscaped open space; and (c) the building conforms to the requirements of CMC T:
10 one horizontal foot for every one foot of vert:
12 18, Section 18.04.170.
13
1121.30.030 Buildins Heisht. 15
amendment to Section 21.30.030 to read as follows: 14
SECTION 20: That Title 21, Chapter 21.30 is amended by
No building in the C-M zone shall exceed a height of thi: 16 five feet or three levels. Additional building height may
permitted to a maximum of forty-five feet by the Planning Direc 17 provided that: (a) the building does not contain more than three levels 18 (b) all required setbacks shall be increased at a ratio of horizontal foot for every one foot of vertical construction be; 19 thirty-five feet. The additional setback area will be mainta. as landscaped open space; and
18.04.170 of this code."
20 (c) the building conforms to the requirements of Sec'
21
22
9121.32.050 Buildins Heisht. 25
amendment to Section 21.32.050 to read as follows: 24
SECTION 21: That Title 21, Chapter 21.32 is amended by 23
through a specific plan approved by the City Council.
No building in the M zone shall exceed a height of thirty- 26 feet or three levels. Additional building height may be permi.
to a maximum of forty-five feet by the Planning Director prov 27 that:
Building heights in excess of forty-five feet may be apprc
28 7
1
2
3
4
@ 0
(a) the building does not contain more than three level (b) all required setbacks shall be increased at a ratic one horizontal foot for every one foot of verti construction beyond thirty-five feet. The additional setk area will be maintained as landscaped open space; and (c) the building conforms to the requirements of Sectj
18.04.170 of this code.Il
5 Building heights in excess of forty-five feet may be apprc
6
7
8
9 1121.33.060 Buildinq Heisht. No building or structure in the 0-S zone district shall exc
twenty-five feet in height unless a higher elevation is approvec
through a specific plan approved by the City Council.
SECTION 22: That Title 21, Chapter 21.33 is amended by t
amendment to Section 21.33.060 to read as follows:
10 a conditional use permit issued by the planning commission.tt
11 SECTION 23: That Title 21, Chapter 21.34 is amended by
12
(1) Building Height. No building in the P-M zone shall ex( development standards: 14 All industrial projects shall comply with the follot
lf21.34.O70 Development Standards. 13
amendment to Section 21.34.070(1) to read as follows:
15 a height of thirty-five feet or three levels. Additional builc
16 Planning Director provided that:
17 (a) the building does not contain more than three levc (b) all required setbacks shall be increased at a ratic one horizontal foot for every one foot of vertical construci 18 beyond thirty-five feet. The additional setback area will maintained as landscaped open space: and
18.04.170 of this code.v1
height may be permitted to a maximum of forty-five feet by
19 (c) the building conforms to the requirements of Sect:
20
21 through a specific plan approved by the City Council. Building heights in excess of forty-five feet may be apprl
22 Subsection 21.27.050(5) is repealed.
23
Il (B) Location of the various land uses shall be indicate 25
addition to Section 21.38.060(1)(B) to read as follows: 24
SECTION 24: That Title 21, Chapter 21.38 is amended by
the use of zone designations of development zones and overlay z 26 as provided in this title. Development of property within the of each such zone shall be subject to the regulations of 27 indicated zone unless specifically modified as a part of the ma
28 8
// @ e
plan approval. All master plans shall allow a maximum buil
1 height of thirty feet and two stories if a minimum roof pitc
the 0 zone. It
the P-M zone. Office uses shall conform to Section 21.27.050(: 9
building height regulations as contained in Section 21.34.070(3
All industrial uses within a master plan shall conform to 8
height regulations contained in Section 21.28.030 of the C-2 z
commercial uses within a master plan shall conform to the buil 7
shall conform to Section 21.29.060 of the C-T zone. All c
C-1 zone. Tourist-oriented commercial uses within a master 6
uses within a master plan shall conform to Section 21.26.030 of
stated above in its development standards. Neighborhood commer 5
master plan may impose a lower building height limit than t
may have a building height limit of 35 feet and three stories 4
specifying a -15 or greater area zoning symbol by the master with a lot area of 15,000 square feet or greater and zoned R-l 3
on lots with a lot area less than 15,000 square feet in size. a 3/12 roof pitch is provided for single family and duplex proj 2
3/12 is provided or twenty four feet and two stories if less
10 SECTION 25: That Title 21, Chapter 21.45 is amended by
111/ amendment to Section 21.45.090 (0) , to add Subsec
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.45.090(0) (5) to read as follows:
"(5) The building height limit for single family and dL residences shall not exceed thirty feet and two stories
minimum roof pitch of 3/12 is provided or twenty four feet and
stories if less than a 3/12 roof pitch is provided for lots wj
lot area less than 15,000 square feet in size, although a 1 maximum height may be established for the project. For lots
a lot area of 15,000 square feet or greater and within a R-1 and specifying a -15 or greater area zoning symbol, the buil height limit shall not exceed 35 feet and three stories.
SECTION 26: That Title 21, Chapter 21.82 is amended by
amendment to Section 21.82.050 to read as follows:
"21.82.050 Buildins Heiqht.
No newly constructed, reconstructed, altered or enle residential structure within the beach area overlay zone E exceed thirty feet and two stories if a minimum roof pitch of is provided or twenty four feet and two stories if less than a
roof pitch is provided. Building height shall be measure
defined in Section 21.04.065 of this title. Covered parking e and basements shall not be considered a story. In the cas
covered parking, or underground parking as defined in Sec
21.04.370 of this title, or basements as defined in Sec
21.04.045 of this title, building height shall be measured existing grade."
9
,
1
2
3
4
5
6
7
c3) *
SECTION 27: This ordinance shall not apply to discretio:
development projects which have a complete application or rece
discretionary approvals by August 1, 1991 and for which
building height has been specifically stated; or if
discretionary approvals are required, then development projects
which a building permit application was on file with the Cit
Carlsbad by August 1, 1991 and for which said permit is issue1
8 February
9 ...
10
... 13
*.. 12
." 11
...
... 19
... 18
... 17
... 16
... 15
... 14
1, 1992 , shall be exempt.
20
23
... 22
... 21
.*.
... 24
...
25 I.*-
26 11 - - * 27 11 . . .
28 10
, I! 48 a
1 EFFECTIVE DATE: This ordinance shall be effective thirty d
2
4
adoption of this ordinance and cause it to be published at le 3
after its adoption, and the City Clerk shall certify to
5
once in the Carlsbad Journal within fifteen days after
adoption.
6 INTRODUCED AND FIRST READ at a regular meeting of the Carls
7 City Council on the 8th day of October , 1991,
8 thereafter
9 PASSED AND ADOPTED at a regular meeting of the City Counci:
10
1991, by the following vote, to wit: 11
the City of Carlsbad on the 22nd day of October
12
NOES: None 13
AYES: Council Members Lewis, Kulchin, Larson and Nygaard
ABSENT : None
ABSTAIN: Council Member Stanton
ABSENT : None
ABSTAIN: Council Member Stanton
1;L II 22
23
ATTEST:
25
- 24
AL~THA L. RAUTENKRANZ, city Cl$rk
26
27
28 11