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HomeMy WebLinkAbout1979-09-18; City Council; 5986; Building height in RD-M zonetfl CITY OF CARLSBAD Initial AGENDA BILL NO: •S'^jftffi ' Dept. Hd. DATE: September 18, 1979 . ctY' Attv •o-, • Cty. Mgr. DEPARTMENT: plannin9 SUBJECT: • • BUILDING HEIGHT IN RD-M ZONE • . ,. CASE NO. ZCA-112 • . Statement of the Matter In 1978, the Zone Code was amended to make the method of calculating • building height consistent with the Uniform Building Code. This amend- . ment was intended to apply to all zones. However, a unique section in. the RD-M -Zone still remains requiring a different.method of calculating building height. This Zone Code Amendment would modify Section 21.24.030 in the RD-M Zone by deleting the wording describing the' method by which the building height is to be measured. The resulting section merely identifies the permitted building height in the zone. The "method of calculating this height would then be found in the definitions chapter o-f the Code under Section 21.04.0.65. ; • . ' On August 22,^the Planning^Commission reveiwed the subject amendment and •recommended its approval to* the City Council. Exhibits . •• • ' • Planning Commission Resolution No. 1546 ' . Staff Report dated 8/22/79 . ' ' • . Ordinance No. • . • Recommendation If Council concurs, introduce Ordinance No. Council Action: 9-18-79 Council introduced Ordinance No. 9534, amending the Municipa Code to revise regulations pertaining to building height in the RD-M Zone. 10-2-79 Council adopted Ordinance 9534. 1 PLANNING COMMISSION RESOLUTION NO. 1546 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL 3 OF A ZONE CODE AMENDMENT TO TITLE 21, CHAPTER 2124 OF THE CARLSBAD MUNICIPAL CODE, SECTION 4 21.42.030 TO REVISE REGULATIONS PERTAINING . TO BUILDING HEIGHT IN THE RD-M ZONE. CASE NO.: ZCA-112 6 APPLICANT: . CITY OF CARLSBAD 7 8 WHEREAS, the a Zone Code Amendment (ZCA-86) establishing the 9 Rural Residential Estate (R-E) Zone, was adopted as Ordinance 10 No. 9498 on May 2, 1978, by the City Council; and 11 WHEREAS included in that ordinance was a change to the 12 definitions chapter of the Zone Code., pertaining to "Building i Height", involving a different method of calculating building 14 height, intended to apply to development in all zones; and 15 WHEREAS, on July 11, 1979, the Planning Commission approved a Resolution of Intention No. 162, declaring its intention to hold a public hearing to consider recommending to the City Council 18 an amendment to Section 21.24.030 pertaining to the method of 19 calculating "building height" in the RD-M Zone; and 20 WHEREAS, on August 22, 1979, the Planning Commission did hold a duly noticed, public hearing to consider said ZCA-112, and 22 upon hearing and considering all factors relating to the Zone 23 Code Amendment, found the following facts and reasons to exist: 24 1. The Zone Code Amendment is necessary to make the method of calculating building height in the RD-M Zone consistent 25 with all other zones in the code. 26 2. The amendment will delete a conflicting section of the Zone Code and thereby eliminate the confusion that presently 27 exists. 28 // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 •19 20 21 22 23 25 26 27 28 3. An Environmental Impact Assessment has been performed, and a Negative Declaration issued for the proposed project based on the following justification: A. The proposed amendment is administrative in nature and therefore would not adversely affect any environmental resources. B. The subject amendment would clarify building height calculations, and thereby bring conformity to the Zone Code. WHEREAS, the Planning Commission, by the following vote, recommended approval of ZCA-112, as per Exhibit A, dated July 18, 1979 attached hereto: AYES: L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose NOES: None ABSTAIN: None ABSENT: Larson NOW, THEREFORE, BE IT HEREBY RESOLVED that the above recitations are true and correct; ViLJU STEPHEN XM. L'HEUREUX Chairman ATTEST: C. HAGAMAN, "secretary ARLSBAD PLANNING'' COMMISSION .2 EXHIP~- "A" July L,J, 1979 3 4 5 6 7 8 9 10 1-1 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING T-ITLE 21, CHAPTER 21.24 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21. 24.030, TO REVISE REGULATIONS PERTAIN- ING TO BUILDING HEIGHT IN THE RD-M ZONE. The City Council of the City of Carlsbad does ordain as follows : That Title 21, Chapter 21.24 of the Carlsbad Municipal Code is amended by the deletion of a portion of Section 21.24.030 to read as follows: "21.24.030 Building Height. No building shall exceed a height of thirty-five f eet_._~-raeasw3ree!:-r-3?em-'bhe-feep-er EFFECTIVE DATE: This ordinance shall be effective thirty days after its adpption, and the City Clerk shall certify to the adoptio 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 _ , 1979, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of - ; > 1979, by the following vote, to-wit: AYES : NOES: . - ABSENT: RONALD C. PACKARD, Mayor ATTEST: ALETIIA L. RAUTENKRANZ, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 2 CITY OF CARLSBAD ) SS 3 4 I, JAMES C. HAGAMAN, Secretary to the Planning 5 Commission of the City of Carlsbad, California, do 6 hereby certify that the foregoing resolution was duly 7 introduced, approved and adopted by the Planning 8 Commission of the City of Carlsbad at a regular meeting 9 of said Commission held on the 12th day of September, 1979 10 by the following roll call vote: 11 AYES: Jose, L'Heureux, Rombotis, Schick, Marcus 12 NOES: None 13 ABSTAIN: Larson 14 ABSENT: Wrench 15 16 17 ^KMES C. URLSBAD PLANNING/COMMISSION s s ' / •*18 19- 2CA-112 21 22 23 24 25 26 27 28