HomeMy WebLinkAbout1983-02-01; City Council; 7281; Building Height Redefine Zone CodeCITY OF CARLSBAD - AGENDA ,,LL
bB# 7n TITLE ZONE CODE AMENDMENT TO REDEFINE "BUILDING HEIGHT"
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ZCA-150 - CITY OF CARLSRAD ITQ. 2/1/83
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RECOMMENDED ACTION:
Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce
Ordinance No. 9667
ITEM EXPLANATION
This item is an amendment to the zoning ordinance redefining
"building height." This amendment was initiated because of the difficulty of understanding and interpreting the existing definition and because the present method of measuring the height
of a building is different than the Uniform Building Code.
The attached ordinance states the new definition. Also, Exhibit 'XI graphically demonstrates the proposed way to measure building height. Essentially, the measurement of building height would be based on the pre-existing grade elevations of a lot. The
definition allows more flexibility of measuring building height
if the grade elevation of the highest point of a lot is greater
than 10' above the lowest point of the lot.
Both staff and the Planning Commission believe the proposed definition is reasonable, easier to understand and consistent with the Uniform Building Code's definition.
Through staff review and Planning Commission hearing, all issues
on this matter have been satisfactorily resolved.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not cause any significant environmental impacts and,
therefore, has issued a Negative Declaration, dated November 22,
1982, which was approved by the Planning Commission on January
12, 1983. A copy of the environmental documents is on file in
the Land Use Planning Office.
FISCAL IMPACTS
No fiscal impacts will be created by the approval of this project .
EXHIBITS
A) Ordinance No. 9667 B) Exhibit 'XI, dated November 23, 1982 C) PC Resolution No. 2055
D) Staff Report, dated December 8, 1982 w/attachments
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ORDINANCE NO. 9667
CITY COUNCIL OF THE CITY OF
A AMENDING TITLE 21, CHAPTER
AD MUNICIPAL CODE BY THE
N 21.04.065 TO CHANGE THE
ING HEIGHT.
the City of Carlsbad, California,
ter 21.04 of the City of Carlsbad
the amendment of Section 21.04.065
to read as follows:
The height of a building
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1. When the highest five-foot horizon equal to or less ten feet above the lowest
existing grade el
shall be measured fr elevation to the hig
the deck line of height of the hig roof.
2. When the highest de elevation within a
five-foot horizon more than ten feet above the st existing grade elevation, then the building ht shall be measured from a point ten fe ove the lowest existing grade el hest point of a flat roof or the deck line of a sard roof or to
the average height of the highe
pitched or hipped roof.
For projects for
processed, existing grade shall mean
after the property is subdivided and as it will be improved."
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EFFECTIVE DATE: This Ordinance shall be effective
adoption and the City Clerk shall certify
is ordinance and cause it to be published
Carlsbad Journal within fifteen days after
ND FIRST READ at a regular meeting of the
held on the day of I
PTED at a regular meeting of said City
Council held on the 1983 by
the following vote,
\ AYES:
NOES :
ABSENT :
ATTEST :
2.
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PLANNING COMMISSION RESOLUTION NO. 2055
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, SECTION 21.04.065 (DEFINITIONS), OF THE CARLSBAD MUNICIPAL CODE TO REDEFINE
"BUILDING HEIGHT.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-150
WHEREAS, the Planning Commission did, on the 8th day of
December, 1982 and the 12th day of January, 1983, hold a duly
noticed public h'earing as prescribed by law to consider said
request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, thc Commission recommends APPROVAL of ZCA-150, according to Exhibi. "A", dated November 23, 1982, attached hereto and made a part hereof, based on the following findings:
Find ing s :
1. That the proposed amendment will make the definition of building height in the Zoning Ordinance consistent with the
Uniform Building Code.
2. This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager, dated November 22, 1982, and approved by the Planning Commission on January 12, 1983.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on t
12th day of January, 1983, by the following vote, to wit:
AYES.- Chairman Schlehuber, Commissioners Rawlins, Jose, Marcus, Rombotis and Farrow.
NOES : None.
ABSENT: Commissioner Friestedt,
ABSTAIN: None,
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
/&, MICHAEL J. %OLZMILLER,
LAND USE PLANNING MANAGER
PC RES0 NO. 2055 .2
e
STAFF REPORT
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DATE :
TO :
FROM :
SUBJECT:
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December 8, 1982
Planning Commission
Land Use Planning Office
ZCA-150, CITY OF CARLSBAD - Amendment to the Zoning Ordinance to modify Section 21.04.065 (Definitions) to redefine "Building Height. 'I
RECOMMENDATION
It is recommended that the Planning Cornmission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and
ADOPT hesol-ution No. 2055, recommending APPROVAL - of ZCA-150,
based on the findings contained therein.
--
I1 . PROJECT DESCRIPTION
The proposed Zone Code Amendment would amend Section 21.04.065,
building height, of the zoning ordinance. This section defines
"building height" as follows:
"21.04.065 Building Height. The height of a buildins or structure shall be measured as the sreatest vertical distance along a line between the highest point
of the coping of a flat roof, or the highest point of a
mansard roof, or the average height of the highest gable
of a pitched or hipped roof, and finished grade, at any
point adjacent to, or five feet out from, any building wall (or at the property line, whichever occurs first),
whichever is lower in elevation; provided, however,
that, for parcels which slope downward from a dedicated
public right-of-way, whenever the natural grade
elevation difference between the average elevation of the grade along the front yard setback line and the average elevation of the grade along the rear-most building or structure wall exceeds a slope of 2:l (one
foot vertical rise in two feet of horizontal distance),
the building or structure height may be measured
vertically along the rear-most building or structure
wall, rather than five feet out from the wall.
In the cases where retaining walls or fill grading are utilized to create finished grade higher in
elevation than preexisting grade, then preexisting grade shall be used in the determination of building or structure height. "Preexisting grade" means the ground
level elevation which existed prior to any site preparation related to, or to be incorporated into, the proposed new development or alteration."
111. ANALY S I S
This amendment would change the definition of building height so
that it would be consistent with the definition used by the
Uniform Building Code. The existing definition is vague and
inconsistent with the U.B.C. definition. This has resulted in
some confusion for builders who must comply with both this code and the Zoning Ordinance.
Using the U.B.C. definition as a guide, staff has come up with
the following modified version which is somewhat easier to
understand (please refer to Exhibit 'X'):
"The height of a building shall be measured as follows:
1. When the highest existing grade elevation within a
five-foot horizontal distance of the building is
equal to or less than ten feet above the lowest existing grade elevation, then.the building height shall be measured from the highest existing grade elevation to the highest point of a flat roof or the
deck line of a mansard roof or to the average height
of the highest gable of a pitched or hipped roof.
2. When the highest existing grade elevation within a five-foot horizontal distance of the building is more than ten feet above the lowest existing grade
elevation, then the building height shall be measured from a point ten feet above the lowest existing grade elevation to the highest point of a
flat roof or the deck line of a mansard roof or to
the average height of the highest gable of a pitched or hipped roof.
For projects for which a subdivision is being
processed, existing grade shall mean the grade after
the property is subdivided."
Staff believes the new definition is reasonable, easier to understand and consistent with the Uniform Building Code's definition of building height, therefore, staff is recommending
approval of this Zone Code Amendment. .
ENVIRONMENTAL REVIEW --
The Land Use Planning Manager has determined that this project.
will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on November 22,
1982.
ATTACHMENTS
1. Planning Commission Resolution No. 2055
2. Exhibit 'X' dated, November 23, 1982' 3. Environmental Documents
EK/ar
11/3O/82
DEVELOPMENTAL, SERVICES
0 Assistant City Manager
(714) 438-5596
0 Building Department
Engineerlng Department
0 Housing & Redevelopment Department
(714) 438-5525
(714) 4386541
3096 Harding St. (714) 438-561 1
fl Plannlng Department 1714) 438-5591 puI3LIC NOTICE OF PREPARATION
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
The Land Use Planning Office of the City of Carlsbad intends to
prepare a Negative Declaration for the following project:
Project Description: New definition of building height.
Project address/Location: N/A
Anticipated significant impacts: None anticipated.
We need to knw your ideas abut the effect. this project might have on the environment and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage.
Your ideas will help us decide what issues to analyze in the environ-
mntal reviw of this project.
Your (xxraw ,nts on the environmental hpct of the proposed project may
be su’mitted in writing to the Land Use Planning Office, 1200 Eltrt
Avenue, Carlshd, CA 92008, no later than November 8, 1982. c
DATED: Mober 26, 1982
CASENO: ZCA-150
APPLICANT: City of Carlsbad
%
Land Use Planning Manager
PIJBLISI DATE: November 3, 1982 ND3
5/81
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DEVELOPMENTAL SERVICES
Assistsnt City Msnager (714) 438-5596
Bullding Department
Engineering Department
(714) 493-5525
(714) 438-5541
Housing & Redevelopment Department
3096 Harding Si.
(714) 436-5611
d Planning Department
(714) 438-5591
NEGATIVE DECLP?IWTION
PRXJECT ADDRESS/LKATION: Throughout City.
PROJECC DESCRIPTION: height.
Zone Code Amendent to redefine buildiq
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
%e City of Carlsbad has conducted an environmental review of the
a?mve descri'bed project pursuant to the Guidelines for Implementation
of the California Enviromnental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad.
review, a Negative Declaration (declaration that the project will not
have a significant jm,Mct on'the environnlent) is hereby issued for the
subject project.
land Use Planning Office.
As a result of said
Justification for this action is on file in the
A copy of the Negative Declaration with supprtive docments is on
file in the Land Use Planning Office, City Hall, 1200 Elm Avenue,
Carlsbad, CA. 92008. Comments from the public are invited, Please
submit conmnts in writing to the Land Use Planning Office within ten
(IO) days of date of issuance.
CASE NO: ZCA-150 &nd Use Planning Manager
PUBLLSH DATE: Wvember 27, 1982 .
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Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345
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! Proof of Publicatiod
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE OF PUBLIC HEARING ZCA-150
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers. 1200 Elm Avenue, CarlsbBd. California. at 6:00 P.M. on Tuesday. February 1. 1983, to consider an application for a zone code amendment to consider a revised definitiun of building height. Applicant: City of Carlsbad
c1 W161: January 19. 1983 CARLSBAD CITY COUNCIL
............... .JNUAitX'Y. 3.9.. .. 19.8Z
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I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on +hn lQ+h
day of (January 1 F)R;F
I_ , #'\( , . i..
Clerk of the Printer
NOTICE OF PUBLIC HEARING
ZCA-150
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm
Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, February 1, 1983,
to consider an application for a zone code amendment to consider a revised definition of building height.
APPLICANT: City of Carlsbad PUBLISH : January 19, 1983 CAPLSBAD CITY COUNCIL
U . NOTICE IS HEREBY GIVEN that the Planning ConUnission of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Elm Avenue,
Carlsbad, California, at 7:OO p.m. on Wednesday, December 8, 1982, to consider approval of a zone code amendment to consider a revised definition
of building height.
Those persons wishing to speak on this propsal are cordially invited to attend the public hearing.
Use Planning Office at 438-5591.
If you have any questions please call the Land
CASE FILE: ZCA- 150
APPLICANT: CITY OF CARLSRAD
PUBLISH : Dec'edber 4, 1982
CITY OF CARCSBAD PLA"ING COMMISSION