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Home My WebLink About1992-08-04; City Council; NS-204; CMC 21 amends - Building height/underground parking revisions...ll 0 Ii ORDINANCE NO. NS-204 1 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 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 "UNDERGROUND PARKING" AREAS TO QUALIFY AS A "BASEMENT" TO NOT COUNT AS A "STORY". CASE NAME: BUILDING HEIGHT/UNDERGROUND PARKING REVISION: CASE NO: ZCA 92-1 The City Council of the City of Carlsbad, California ( 8 ordain as follows: 9 SECTION 1: That Title 21, Chapter 21.04 of the Carl: 10 11 Municipal Code is amended by the revision of Section 21.04.04! "2 1.04.045 Basement. 12 read as follows: llBasementfl means that portion of a building between floor 13 ceiling which is partly below and partly above grade as measl along the exterior (immediately outside of Itbuilding coveral 14 perimeter of the structure but so located that the vert distance from exterior grade to the adjacent interior floor b8 15 is more than the vertical distance from exterior grade to adja interior ceiling. This definition must apply to a minimum of 16 is not included in the measurement of building height (as def 17 a basement. The portion of a basement that is below existing g of the perimeter of building coverage for a structure to qualif in Section 21.04.065) . II 18 19 20 SECTION 2: That Title 21, Chapter 21.04 of the Carl Municipal Code is amended by the revision of Section 21.04.06 21 22 23 24 25 26 27 28 read as follows: 1121.04.065 Buildins Heisht. (a) The height of a building shall be measured as follo (1) "Building height" means the vertical distance I structure measured from the more restrictive (lowest) of fini or existing grade. The vertical distance is measured from points at grade along and within the building coverage to highest point of the structure directly above that point measurement. (2) "Existing grade" €or the purposes of measu building height means the ground level elevation which existe or before August 1, 1991 and prior to any grading or other preparation related to, or to be incorporated into, a proposed development or alteration of existing developments unles 0 0 1 II A development or alteration of existing developments unless 2 discretionary permit for such developments or alterations approved. In that case, existing.grade- shall mean the grade af 3 the property is developed or improved in accordance with grading plans which implement the approved discretionary pern 4 For non-discretionary permits where retaining walls, fill or ot grading are utilized to create finished grade higher in elevat 5 than existing grade as defined above and as determined by Planning Director, then existing grade shall be used in 6 determination of building height. (3) Building height measurements include basements 7 other subterranean areas that are above existing grade. In case of basements, cellars and underground parking, building hei 8 is measured from existing grade; excluding the area below exist grade. structure. Per Section 21.46.020 of this title, roof structl 10 specifically for the housing of elevators, stairways, tar ventilating fans or similar equipment required to operate 11 maintain the building; fire or parapet walls, skyligk architectural towers, flagpoles, chimneys, smokestacks, wire1 12 masts and similar structures may be erected above the height lin prescribed in this title, but no roof structure, or any other SI 13 above the height limit prescribed for the zone in which building is located shall be allowed for the purpose of provic 14 additional floor space, or be taller than the minimum he! requirement to accommodate or enclose the intended use." 15 16 17 18 9 (4) Building height is measured to the peak of SECTION 3: That Title 21, Chapter 21.04 of the Carl2 Municipal Code is amended by the amendment of Section 21.04.37( read as follows: It21.04.370 Undersround Parkins. 19 ~ YJnderground Parking" means parking areas that are locz completely or partially underground where the finished floor of 20 parking area is below existing grade to the point where the par1 Underground parking areas are excluded from the measurement 21 area qualifies as a basement as defined in Section 21.04.( existing grade so that the portion of the parking structure a1 not completely underground, building height will be measured 3 22 building height. However, in the case where underground parkinc 23 existing grade is part of the building height." 24 SECTION 4 : That Title 21, Chapter 21.04 of the Carl: 25 Municipal Code is amended by the amendment of Section 21.04.371 26 read as follows: 27 28 ... -I L 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 "21.04.376 Useable Livinq Area. ''Useable Living Area" means the area of a building intei for habitation and/or use by the building's occupants." SECTION 5: That Title 21, Chapter 21.07 is amended by amendment of Section 21.07.100 to read as follows: "21.07. 100 Buildins Heisht. No building in the E-A zone used for dwelling purpo! wherever located, and no building or structure used for other 1 dwelling purposes and located less than one hundred feet from property line, shall exceed thirty feet and two stories i minimum roof pitch of 3/12 is provided or twenty four feet and stories if less than a 3/12 roof pitch is provided. A buildinc structure used for other than dwelling purposes and located hundred feet or more from any property line may exceed the max. allowable height pursuant to conditional use permit. Single fa] residences on lots with a lot area of 20,000 square feet or grei shall not exceed thirty-five feet and three stories with a min. roof pitch of 3/12 provided.'' SECTION 6: That Title 21, Chapter 21.08 is amended by amendment of Section 21.08.020 to read as follows: v121.08.020 Buildins Heiqht. 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: provided for lots under 20,000 square feet. Single fa1 residences on lots with a lot area of 20,000 square feet or gre, and within a R-A zone and specifying a -20 or greater area zo: symbol shall not exceed thirty-five feet and three stories wi. minimum roof pitch of 3/12 provided.I1 I SECTION 7: That Title 21, Chapter 21.10 is amended by amendment of Section 21.10.020 to read as follows: '121.10.020 Buildins Heisht. 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 20,000 square feet. single fa1 residences on lots with a lot area of 20,000 square feet or gre( and within a R-1 zone and specifying a -20 or greater area 20: symbol shall not exceed thirty-five feet and three stories wi. minimum roof pitch of 3/12 provided.'I II" - 28 3 1 0 a SECTION 8: That Title 21, Chapter 21.12 is amended by 2 amendment of Section 21.12.020 to read as follows: // 3 4 5 6 7 1121.12.020 Buildinq Heiqht. No building in the R-2 zone shall exceed a height of thj 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 pitcl provided for lots under 20,000 square feet. Buildings on lots 1 a lot area of 20,000 square feet or greater, shall not ex( thirty-five feet and three stories with a minimum roof pitck 3/12 provided. It SECTION 9: That Title 21, Chapter 21.27 is amended by 8 9 10 11 12 It (B) Location of the various land uses shall be indicatec 13 the use of zone designations of development zones and overlay z( as provided in this title. Development of property within the i 14 of each such zone shall be subject to the regulations of indicated zone unless specifically modified as a part of the ma: 15 plan approval. All master plans shall allow a maximum builc height of thirty feet and two stories if a minimum roof pitcl 3/12 is provided or twenty four feet and two stories if less 1 l6 a 3/12 roof pitch is provided for single family and duplex projt on lots with a lot area less than 20,000 square feet in size. : l" with a lot area of 20,000 square feet or greater and zoned R-1 specifying a -20 or greater area zoning symbol by the master 1 l8 may have a building height limit of 35 feet and three stories 1 a minimum roof pitch of 3/12 provided. A master plan may imp0 I' lower building height limit than those stated above in development standards. Neighborhood commercial uses withi 2o master plan shall conform to Section 21.26.030 of the C-1 zs Tourist-oriented commercial uses within a master plan shall con 21 to Section 21.29.060 of the C-T zone. All other commercial within a master plan shall conform to the building he 22 regulations contained in Section 21.28.030 of the C-2 zone. 23 industrial uses within a master plan shall conform to the buil height regulations as contained in Section 21.34.070(1) of the 24 zone. Office uses shall conform to Section 21.27.050(3) of t zone. II 25 26 amendment of Section 21.45.090(0) (5) to read as follows: 27 deletion of Section 21.27.050(5) and the renumbering of following subparagraphs accordingly. SECTION 10: That Title 21, Chapter 21.38 is amended by 1 amendment of Section 21.38.060(1)(B) to read as follows: SECTION 11: That Title 21, Chapter 21.45 is amended by 4 28 0 0 1 2 3 4 5 6 7 "(5) The building height limit for single family and du: residences shall not exceed thirty feet and two stories i 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 wi lot area less than 20,000 square feet in size, although a 11 maximum height may be established for the project. For lots 7 a lot area of 20,000 square feet or greater and within a R-1 and specifying a -20 or greater area zoning symbol, the buill height limit shall not exceed 35 feet and three stories wil minimum roof pitch of 3/12 provided.Il SECTION 12: That Title 21, Chapter 21.46 is amended by amendment of Section 21.46.020 to read as follows: 8 9 10 "21.46.020 Allowed Protrusions Above Heiqht Limits. Roof structures specifically for the housing of elevat, stairways, tanks, ventilating fans or similar equipment require ~ 'I 11 operate and maintain the building, fire or parapet wa l2 11 skylights, architectural towers, flagpoles, chimneys, smoke-stal l3 //wireless masts and similar structures may be erected above l4 /!height limits prescribed in this title but no roof structure l5 /iany other space above the height limit prescribed for the zonl 16 17 18 19 20 21 22 23 24 25 26 27 which the building is located shall be allowed for the purposl providing additional floor space, or be taller than the min height requirement to accommodate or enclose the intended use SECTION 13: That Title 21, Chapter 21.82 is amended by amendment of Section 21.82.050 to read as follows: 1121.82.050 Buildins Heisht. No newly constructed, reconstructed, altered or enla residential structure within the beach area overlay zone s: exceed thirty feet and two stories if a minimum 3/12 roof pitc provided or twenty-four feet and two stories if less than 3/12 pitch is provided. Building height shall be measured as define Section 21.04.065 of this title. Underground parking areas basements shall not be considered a story. In the case underground parking as defined in Section 21.04.370 of this ti or basements as defined in Section 21.04.045 of this ti building height shall be measured from the existing grade." 28 /I 5 0 a 1 Ii SECTION 14: This ordinance shall not apply to develop1 2 9 4, 1992, shall be exempt. 8 by March 4, 1992, and for which said permit is issued by Septel 7 building permit application was on file with the City of Carl: 6 approvals are required, then development projects for whic 5 height has been specifically stated; or if no discretio~ 4 discretionary approvals by March 4, 1992, for which the builc 3 projects which have a complete application or received EFFECTIVE DATE: This ordinance shall be effective thirty ( 1o 14 adoption. 13 once in the Carlsbad Journal within fifteen days after 12 adoption of this ordinance and cause it to be published at 11 11 after its adoption, and the City Clerk shall certify to INTRODUCED AND FIRST READ at a regular meeting of the Carl: 15 /I City Council on the 21st day of JULY , 1992, 16 11 thereafter 17 *** 22 ". 21 --- 20 *** 19 "* 18 "* 23 24 *** '*' 26 ". 25 "* 27 I/ 6 - 28 . 0 e PASSED AND ADOPTED at a regular meeting of the City Counci: 1 1992, by the following vote, to wit: 2 the City of Carlsbad on the 4th day of AUGUST 3 AYES : Council Members Lewis, Kulchin, Nygaard 4 ABSENT : Council Member Larson 5 NOES : None 6 7 ABSTAIN: Council Member Stanton APPROVED AS TO FORM AND LEGALITY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST : h k. Q- ALETHA L. RAUTENKRANZ, City C1 7 ~