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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" IEPT. ZCA-150 - CITY OF CARLSRAD ITQ. 2/1/83 PLN DEW. HD.QH C1M Am- CITY MOR.& 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 I. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 2% 22 24 25 26 27 28 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 /// /// /// /// /// 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." 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 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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. //// //// //// /I// /I// 1 2 3 4 5 6 7 a 9 10 11 12 13 7 15 16 17 18 39 20 21 22 23 24 25 26 27 28 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 1- .-_, DATE : TO : FROM : SUBJECT: I. 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 . 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 . w4 5/8 1 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 ~ - - _c ! 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 .- ................................. IY.... ................................. 19 ... ................................. 19 ... ................................. 19 .... 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