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HomeMy WebLinkAbout1977-09-06; City Council; 5178; Amendment to Building Height Limit in C-2 ZoneCITY OF "'RLSBAD I - •«* Initial-i m n a i . AGENDA BILL NO. O / /& Dept. Hd. DATE: September 6, 1977 . City Atty DEPARTMENT: Planning City Mgr. SUBJECT: ~~ ~ Amendment To The Building Height Limit In The C-2 Zone Case No.: ZCA-90 STATEMENT OF THE MATTER During the recent hearings concerning the expansion of Plaza Camino Real, a potential problem arose regarding the height limit established in the C-2 zone. It was felt that the present thirty-five (35) foot maximum building height might be too restrictive in certain cases. On July 5, 1977, the City Council instructed Staff to prepare a Zone Code Amendment that would give the City flexibility in these instances. On August 10, 1977 the Planning Commission approved Resolution No. 1393 recommending approval of ZCA-90. EXHIBITS Staff Report dated 8/10/77 Planning Commission Resolution No. 1393 Ordinance No. ^t/tf*? • • RECOMMENDATIONS The Planning Commission recommends approval of ZCA-90. if Council cbncurs with the Planning Commission, your action is -to introduce Ordinance No. QVo ^ •7 r / Council action 9-6-77 Following the public hearing Ordinance #9489 was introduced for a first reading. 9-20-77 Ordinance #9489 was given a second Veading and adopted.' FORM PLANNING 73 STAFF REPORT August 10, 1977 TO: Planning Commission FROM: Planning Department CASE NO.: ZCA-90 REQUEST: Zone Code Amendment affecting height limit in the C-2 Zone. APPLICANT: City of Carlsbad Background On July 5, 1977 the City Council directed staff to prepare a Zone Code Amendment that would allow for the increase in building height in the C-2 Zone under certain circumstances. The City Council is interested in giving some flexibility to building height in the C-2 Zone, especially in the development of large regional shopping centers when the present low height limitation of 35' maximum could hinder proper development and place the height of the buildings out of scale with the size of develop- ment. A specific concern is how this restriction applies to the proposed expansion of Plaza Camino Real Shopping Center. The question is whether or not a limited height control is necessary and desirable in a regional center and if any general modification of the C-2 height restriction would have any undesirable effects on other C-2 zoned areas within a community. The existing buildings at the Plaza reach a height of approximately sixty (60) feet. The Planning Department feels the simplest and most expeditious way of accomplishing a change in height controls in the C-2 zone would be a simple amendment to the zone which would recognize the significant differences between Plaza Camino Real Shopping Center's regional signifi-^ cance versus the general city-wide C-2 designation of servicing smaller market areas. In reviewing the intent of the General Plan for an in- tensive regional commercial area and knowing the physical location of the existing shopping center, it would appear contrary to City policy to overly restrict commercial development within the area by rigidly enforcing a height limitation which is intended for general community purposes. Staff has drafted an ordinance amendment that will provide for an increase in building height in a C-2 Zone. The amendment provides that the City Council is the approving body of any increase of height over 35'. For such increase, the shopping area must be 40 acres or greater (as recom- mended in the General Plan for Intensive Regional Retail), and the City Council must find there are other buildings within the area exceeding 35' and that the development will not adversely affect surrounding properties or other buildings in that area. This amendment will give the City flexibility in developing any large regional shopping center, but also gives adequate control to assure proper development. The proposed amend- ment is attached as Exhibit A. Staff Report August 10, 1977 Page Two Recommendation Staff recommends that the Planning Commission approve ZCA-90 as shown on the attached Exhibit A based on the following findings: 1. Giving flexibility to building height in the General Commercial Zone will provide for flexibility in designing structures for varied circumstances and needs. 2. The changes will contain criteria to insure proper control on increasing building height to reduce detrimental aspects. 3. The change will promote the implementation of the General Plan by giving flexibility in design to meet varied circumstances. Attachments: Exhibit A, dated 8/3/77 MZ:jp VINCENT F. BIONDO, JR. 'CITY ATTORNEY • CITY OF CARLSBAD1200 ELM AVENUE " ••CARLSBAD, CALIFORNIA 92008 :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 — ' — > EXHIBIT A, ( C S/3/77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.28.030 TO REVISE THE HEIGHT LIMIT IN THE C-2 ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.28, of the Carlsbad Municipal Code is amended by the amendment of Section 21.28.030 to read as follows: "21.28.030 Building Height. Except as otherwise provided in this section, no building in the C*-2 zone shall exceed thirty-five feet in height. The City Council may approve a height limit in excess of thirty^five feet for a development of forty acres or more where the Council finds: 1. That there are other buildings which are within the area which exceed the thirty -=-five foot height limit. 2. The height of the buildings will not adversely affect surrounding properties. 3. The buildings will not be unduly disproportiohal to other buildings in the area." 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 held on the day of ,1977 and thereafter. /// /// /// /// 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 PLANNING COMMISSION RESOLUTION NO. 1393 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO AMENDING TITLE 21 OF THE MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.28.030 TO REVISE THE HEIGHT LIMIT IN THE C-2 ZONE. CASE NO.: ZCA-90 APPLICANT; CITY OF CARLSBAD WHEREAS, the Planning Commission of the City of Carlsbad did adopt Resolution of Intention No. 158 declaring its intention to conduct a public hearing to consider a Zone Code Amendment amending Section 21.18.030 of Title 21 of Municipal Code to revise the height limit in the C-2 zone; and WHEREAS, the Planning Commission did hold a duly noticed Public Hearing as prescribed by law on August 10, 1977, to consider the subject amendment; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Zone Code Amendment and found the following facts and reasons to exist: 1) Giving flexibility to building height in the General Commercial Zone will provide for flexibility in designing structures for varied circumstances and needs. 2) The changes will contain criteria to insure proper control on increasing building height to reduce detrimental aspects. 3) The change will promote the implementation of the General Plan by giving flexibility to design to meet varied circumstances. NOW, THEREFORE, BE IT resolved by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 A) That the above recitations are true and correct. B) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to recommend approval to the City Council of an amendment to Title 21 of the Municipal Code, Section 21.28.030 to read as follows: "21.28.030 Building Height. Except as otherwise provided in this section, no building in the C-2 zone shall exceed thirty-five feet in height. The City Council may approve a height limit in excess of thirty-five feet for a development of forty acres or more where the Council finds: 1. That there are other buildings which are within the area which exceed the thirty-five foot height limit. 2. The height of the buildings will not adversely effect surrounding properties. 3. The buildings will not be unduly disproportional to other buildings in the area." PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on August 10, 1977, by the following vote, to wit: AYES: Commissioners Larson, Rombotis, Woodward, Fikes Jose, Watson and L'Heureux tf\&t*&>— ERIC LARSON, Chairman ATTEST: in co cc ° -> o ^ °" "- D 5Q O ^ ***•2| 2. CCo ^ > o m o ~ I] i s i§ It i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.28.030 TO REVISE : THE HEIGHT LIMIT IN THE C-2 ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION"1: That Title 21, Chapter 21.28 of the Carlsbad Municipal Code is amended by the amendment of Section 21.28.030 to read as follows: "21.28.030 Building Height. Except as otherwise provided in this section, no building in the C-2 zone shall exceed thirty- five feet in height. The City Council may approve a height limit in excess of thirty-five feet for a development of forty acres or more where the Council finds: 1. That there are other buildings which are within the area which exceed the thirty-five foot height limits. 2. The height of the buildings will not adversely effect surrounding properties. 3. The buildings will not be unduly disporportional to other buildings in the area." 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 adoptions. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of September / 1977 and thereafter ofj g d" s| <o UJ «£ zp : 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 PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of September , 1977 by the following vote, to wit: 'AYES: NOES: ABSENT: Councilman Frazee Councilmen Lewis, Packard, Skotnicki and Councilwoman Casler None ROBERT C. PRAZEE, Maypr ATTEST : MART5AKET El ADAMS; City Clerk (SEAL') 2.