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Home My WebLink About1993-05-11; City Council; NS-240; CMC 21 amends - Non-residential building height protrusions...I/ 0 0 1 2 3 4 5 6 7 ORDINANCE NO. NS-240 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, (2-2, 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 ( ordain as follows: SECTION 1: That Title 21, Chapter 21.18 of the Carl! 8 //Municipal Code is amended by the amendment of Section 21.18.05( 9 //to read as follows: 10 If (8) Height Limits. In the R-P zone the maximum builc 11 height, including the protrusions described in Section 21.46.1 shall be: architectural features that (1) do not function to provide use; 13 (b) Accessory buildings, eighteen feet." by the Planning Commission; and 15 permitted up to forty-five feet by site development plan apprc are necessary to ensure a building's design excellence, maj 14 equipment; (3) do not adversely impact adjacent properties; and floor area; (2) do not accommodate and/or screen builc 12 (a) Habitable buildings, thirty-five feet. PUl 16 17 18 19 20 21 22 23 SECTION 2: That Title 21, Chapter 21.26 of the Carl: Municipal Code is amended by the amendment of Section 21.26.031 read as follows: "No commercial structures in the C-1 zone shall excee height of thirty-five feet or three levels, including protrusions described in Section 21.46.020. Purely architect1 features that (I) do not function to provide useable floor a: (2) do not accommodate and/or screen building equipment; (3) do adversely impact adjacent properties; and (4) are necessarq ensure a buildingls design excellence, may be permitted uy forty-five feet by site development plan approved by the Plan: Commission. 81 24 SECTION 3: That Title 21, Chapter 21.27 of the Carl; 25 28 27 to read as follows: 26 Municipal Code is amended by the amendment of Section 21.27.05 "(3) Building Height. The maximum height of struct within the 0 zone shall not exceed thirty-five feet or three le 11 0 0 j/ 1 and allowed height protrusions as described in Section 21.4t 3 development plan approved by the City Council provided that: be permitted to a maximum of forty-five feet through a 2 shall not exceed forty-five feet. Additional building height 13 12 are necessary to ensure a building's design excellence.Il 11 equipment; (3) do not adversely impact adjacent properties : and lo floor area; (2) do not accommodate and/or screen builc architectural features: (1) do not function to provide use 9 if the Council makes the specific findings that the protru architectural towers which may be permitted up to fifty-five 8 of architectural features such as flagpoles, steeples Section 21.46.020 do not exceed forty-five feet: with the excep 7 (d) The allowed height protrusions as describec 18.04.170 of this code; and 6 (c) The building conforms to the requirements of Sec maintained as landscaped open space; beyond thirty-f ive feet. The additional setback area wil: 5 of one horizontal foot for every one foot of vertical construc (b) All required setbacks shall be increased at a r 4 levels; (a) The building does not contain more than t SECTION 4: That Title 21, Chapter 21.28 of the Carl! Municipal Code is amended by the amendment of Section 21.28.031 read as follows: l4 I 15 16 17 18 19 20 21 22 23 24 25 26 27 !'Except as otherwise provided in this section, no buildin? the C-2 zone shall exceed thirty-five feet or three levels height and allowed height protrusions as described in Sect 21.46.020 shall not exceed forty-five feet. Additional builc height may be permitted to a maximum of forty-five feet throuc site development plan approved by the City Council provided tk (a) The building does not contain more than tL levels; (b) All required setbacks shall be increased at a ra of one horizontal foot for every one foot of vertical construct beyond thirty-five feet. The additional setback area will maintained as landscaped open space; (c) The building conforms to the requirements of Sect 18.04.170 of this code: and (d) The allowed height protrusions as described Section 21.46.020 do not exceed forty-five feet; with the except of architectural features such as flagpoles, steeples architectural towers which may be permitted up to fifty-five f if the Council makes the specific findings that the protrud architectural features: (1) do not function to provide usea floor area; (2) do not accommodate and/or screen build equipment; (3) do not adversely impact adjacent properties; and are necessary to ensure a building's design excellence. 28 2 ii 0 a 1 The City Council may approve a height limit in excess forty-five feet to a maximum of fifty-five feet through a : 2 development plan for a development of forty acres or more where council finds: affect surrounding properties; other buildings in the area; levels; 6 (4) An increased area in contiguous heavily landsc; open space is provided adjacent to and outside of the builc 7 perimeter and/or the parking lot. The property owner agrees no develop the open space in the future. (x) feet increase in vertical height above thirty-five : 9 multiplied by one percent of the sitels building coverage sql footage : 18.04.170 of this code: that would accommodate large anchor tenants." 3 (2) The buildings will not be unduly disproportiona. 4 (1) The height of the buildings will not adver: (3) The building does not contain more than tl 5 8 The increased area to be provided will be computed as follc 10 (5) The building conforms to the requirements of Sec I1 12 13 14 15 "No building in the C-T zone shall exceed a height of thi: 16 five feet or three levels and allowed height protrusions described in Section 21.46.020 shall not exceed forty-five fc Additional building height may be permitted to a maximum of fo: I'i' five feet through a site development plan approved by the ( 18 Council provided that: (a) The building does not contain more than tl l9 /levels; (b) All required setbacks shall be increased at a r( of one horizontal foot for every one foot of vertical construc. 2o beyond thirty-five feet. The additional setback area will 21 maintained as landscaped open space; (c) The building conforms to the requirements of Sec' 22 18.04.170 of this code; and (d) The allowed height protrusions as described 23 Section 21.46.020 do not exceed forty-five feet; with the excep' of architectural features such as flagpoles, steeples 24 architectural towers which may be permitted up to fifty-five if the Council makes the specific findings that the protrui architectural features: (1) do not function to provide use 25 floor area: (2) do not accommodate and/or screen buill 26 equipment; (3) do not adversely impact adjacent properties; and are necessary to ensure a building's design excellence. 27 28 (6) The site must develop with a regional commercial SECTION 5 : That Title 21, Chapter 21.29 of the Carl: Municipal Code is amended by the amendment of Section 21.29.06 read as follows: 2 J il 0 e 1 SECTION 6 : That Title 21, Chapter 21.30 of the Carl: 2 read as follows: 3 Municipal Code is amended by the amendment of Section 21.30.03 4 "No building in the C-M zone shall exceed a height of thi: five feet or three levels and allowed height protrusions 5 Additional building height may be permitted to a maximum of fo described in Section 21.46.020 shall not exceed forty-five f8 6 five feet by the Planning Director provided that: (a) The building does not contain more than t: 7 levels: (b) All required setbacks shall be increased at a r 8 of one horizontal foot for every one foot of vertical construci beyond thirty-five feet. The additional setback area will g maintained as landscaped open space; and 18.04.170 of this code: and 10 (c) The building conforms to the requirements of Seci of architectural features such as flagpoles, steeples Section 21.46.020 do not exceed forty-five feet; with the excepl 11 (d) The allowed height protrusions as described 16 through a specific plan approved by the City Council.'' Building heights in excess of forty-five feet may be apprc 15 are necessary to ensure a building's design excellence. equipment: (3) do not adversely impact adjacent properties: and 14 useable floor area: (2) do not accommodate and/or screen builc protruding architectural features: (1) do not function to pro' 13 if the Planning Director makes the specific findings that architectural towers which may be permitted up to fifty-five : 12 SECTION 7: That Title 21, Chapter 21.32 of the Carl: 17 18 Municipal Code is amended by the amendment of Section 21-32 05 read as follows: 19 20 21 22 23 24 25 26 27 "No building in the M zone shall exceed a height of thii five feet or three levels and allowed height protrusions described in Section 21.46.020 shall not exceed forty-five fc Additional building height may be permitted to a maximum of foi five feet by the Planning Director provided that: (a) The building does not contain more than tl levels: (b) All required setbacks shall be increased at a ri of one horizontal foot for every one foot of vertical construci beyond thirty-five feet. The additional setback area will maintained as landscaped open space: (c) The building conforms to the requirements of Seci 18.04.170 of this code: and (d) The allowed height protrusions as described Section 21.46.020 do not exceed forty-five feet: with the excepi of architectural features such as flagpoles, steeples or 28 (I 4 I1 0 0 1 2 3 4 architectural towers which may be permitted up to fifty-five f if the Planning Director makes the specific findings that protruding architectural features: (1) do not function to prow useable floor area; (2) do not accommodate and/or screen build equipment; (3) do not adversely impact adjacent properties; and are necessary to ensure a building's design excellence. Building heights in excess of forty-five feet may be apprc through a specific plan approved by the City Council.I1 5 11 SECTION 8 : That Title 21, Chapter 21.34 of the Carls 6 7 8 It (1) Building Height. No building in the P-M zone SI 9 exceed a height of thirty-five feet or three levels and allc height protrusions as described in Section 21.46.020 shall 10 exceed forty-five feet. Additional building height may permitted to a maximum of forty-five feet by the Planning Direc 11 provided that: (a) The building does not contain more than tl 12 levels; (c) The building conforms to the requirements of Sect maintained as landscaped open space; and 14 beyond thirty-five feet. The additional setback area will of one horizontal foot for every one foot of vertical construct 13 (b) All required setbacks shall be increased at a rz 21 through a specific plan approved by the City Council.Il Building heights in excess of forty-five feet may be apprc 20 lare necessary to ensure a building's design excellence. equipment; (3) do not adversely impact adjacent properties; and 19 useable floor area; (2) do not accommodate and/or screen builc protruding architectural features: (1) do not function to pro7 18 if the Planning Director makes the specific findings that architectural towers which may be permitted up to fifty-five 1 lr of architectural features such as flagpoles, steeples Section 21.46.020 do not exceed forty-five feet; with the except 16 (d) The allowed height protrusions as described 18.04.170 of this code; and 15 Municipal Code is amended by the amendment of Section 21.34.07C to read as follows: SECTION 9 : That Title 21, Chapter 21.46 is amendec 22 23 24 25 26 27 28 the amendment of Section 21.46.020 to read as follows: "21.46.020. Allowed Protrusions Above Heisht Limit: Roof structures specifically for the housing elevators, stairways, tanks, ventilating fans or similar equip] required to operate and maintain the building, fire or par( walls, skylights, architectural towers, flagpoles, chimneys, sml stacks, wireless masts and similar structures may be erected a1 5 I/ @ e ll the height limits prescribed in this title but no roof structl 1 or any other space above the height limit prescribed for the : in which the building is located shall be allowed for the pur] 2 of providing additional floor space, or be taller than the min: height requirement to accommodate or enclose the intended use there is a specific provision in this title for the above-descr: 4 protrusions or for protrusions which are architectural featurc 3 However, the exception in this section does not appl: 5 EFFECTIVE DATE: This ordinance shall be effective thirty ( 6 7 after its adoption, and the City Clerk shall certify to adoption. 9 once in the Carlsbad Journal within fifteen days after 8 adoption of this ordinance and cause it to be published at 1( 10 11 thereafter 12 City Council on the 4th day of MAY , 1993, 14 13 the City of Carlsbad on the 11th day of MAY 15 1993, by the following vote, to wit: 16 1'7 18 INTRODUCED AND FIRST READ at a regular meeting of the Carla PASSED AND ADOPTED at a regular meeting of the City Counci AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT : None 19 20 21 22 23 24 II /APPROVED AS TO FORM AND LEGALITY In 25 I1 ATTEST: 26 27 ZETm LidL&A L. RAUTENbk 28 I1 6