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HomeMy WebLinkAbout1983-02-15; City Council; 7281-1; Building Height Redefine Zone Code1 ClT?-)F CARLSBAD - AGEND,-31LL AB# 7M '-I MTG. 2/15/83 DEPT. PLN =ZONE CODE AMENDMENT TO REDEFINE "BUILDING HEIGHT" ZCA-150 - CITY OF CARLSBAD IDEPT. HD.~ RECOMMENDED ACTION: Both the Plannina staff and Plannina Commission recommend that this application*be APPROVED and thit the City Council introduce Ordinance No. 9667. ITEM EXPLANATION: This item was considered at the City Council meeting of Feb- ruary 1, 1983, but was referred back to staff to add additional wording which would address the concern expressed by an individual who spoke at the Council meeting regarding the meaning of "existing grade." An additional paragraph has been added to the definition of building height to address the individual's concern. This wording was prepared by the Planning staff and was reviewed by the City Attorney's Office. This additional wording defines "existing grade" as the grade that exists at the present time unless a discretionary permit has been approved by the Planning Commission or City Council which authorizes additional grading. In that case, existing grade means the grade after the property is developed or improved in accordance with the grading plan for the approved discretionary permit. One 'point that should be emphasized again for clarity purposes, the new definition of building height allows more flexibility for steeply sloping lots (those where the highest elevation and the lowest elevation adjacent to the building exceeds 10 feet). For these lots, the new definition allows 10 additional feet for a maximum of 45 feet for the building wall at the lowest elevation. However, this is consistent with the definition of building height in the Uniform Building Code and encourages developers to construct a building which respects the natural topography of the site. 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 Novem- ber 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: 1. Ordinance No. 9667 2. Previous Council Agenda Bill with Attachments 1 2 3 4 5 6 7 a 9 10 11 12 33 14 35 16 17 18 19 20 21 22 23 24 25 26 27 28 . .- ORDINANCE NO. 9667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.04.065 TO CHANGE THE DEFINITION OF BUILDING HEIGHT. The City Council of the City of Carlsbad, California, does ordain as follows: That Title 21, Chapter 21.04, of the City of Carlsbad Municipal Code is amended by the amendment of Section 21.04.065 to read as follows: "21.04.065 Building Height. The height of a building shall be measured as follows: 1. 2. 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. 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. Existing grade means the ground level elevation which existed prior to any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments unless a discretionary permit for such developments or alterations is approved by the Planning Commission or City Council. In that case, existing grade shall mean the grade after the property is developed or improved in accordance with the grading plans for the approved discretionary permit. In cases where retaining walls, fill or other grading are utilized to create finished grade higher in elevation than existing grade as defined above, then existing grade.shal1 be used in the determination of building height. I' EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the City Clerk shall certify to the 1 2 3 4 5 6 7 8 9 XO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- 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 me?eting of the Carlsbad City Council held on the 15th day of February I 19 53 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 1st day of March , 1983, by the following vote, to wit: AYES : Council Mcrnbers Casler, Lewis, Chick and Prescott NOES: None I MARY H. $?ASLER, Mayor ATTEST : #&-Hb& / .R&A- ALETHA L. RAUTENKRANZ, City Clerk 2. 3 __ ZONE CODE AMENDMENT TO REDEFINE ITG. 2/1/83 EPT. PLN CITY WIGR.@ I' BU I L D I NG I3 E I G HT " CITY ATTY- ZCA-150 - CITY OF CARLSBAD I IECOMMENDED ACTION: ., i I Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce 0rdj.nance No. . ITEM EXDLANATIb'? -..- 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 'X' graphically demonstrates the proposed way to measure building height, Essentially, the measurement of building height would be based or! 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 IC)' 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. ENVI RONMEMTAL REV1 EW A 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 he created by the approval of this project. EX El 1 I3 IT s A) Orcjinance No. n) Exhibit 'X', dated NoGrnber 23, 1982 C) PC Resolution No. 2055 D) Staff! Report, dated December 8, 1982 w/attachments 9 1c 11 12 0 ' 1s . 2c 23 22 2: 24 25 * 2E 27 2c ,N ORDINAP ORDINANCE NO. CE OF 7!1iE CITY COUNCIL OF THE CIT! OF CARLSBAD, CA1,IFORNlk AMENDING TITLE 2 1, CHAPTER 21.04 OF TIIF: cArtrJsBm MUNICIPAL CODE BY THE N?ENDNENT OF SECTION 21.04.065 TO CHANGE THE DEFINITION OF BUILDING HEIGHT. The City Council of the City of Carlsbad, California, -- does ordain as follows: That Title 21, Chapter 21.04 of the City of Carlsbad ". Iqunicipal Code is amended by the amendinent of Section 21.04.065 to read as follows: --I "21.04.065 Ruilciincj Heiqht". . The height of a building shall. be measured as follows: /// /// /// /// /// 1. 2. I When the highest existing grade elevation within a five-foot horizoztal distance of the building is equal to or less then ten feet above the lowest existing grad? elevation, then the buildin? 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. When the highest existing grade elevztion within a five-foot horizontal distance of the building is more than ten feet above theelowest existing arade elevation, then the building height shall be measured from a point ten feet above the lowest existing grade elevation to the hj.qhest 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 beinq processed, exisginq qrade shall mean the qrade after the property is subdivided and improved or as it will be improved." I . 3. 2 3 4 5 6 7 9 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , 27 20 *- .. i 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 withi; fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbnd City Council held on the day of I 19 I and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of 1982 by the following vote, to wit: AYES: NOES : a. ABSE:NT : . .- ..a. . , MARY H. CASLER, Mayor ATTEST: 2. ... 3 . -I 5' tB-F * .. , CAac a .* a- CASE 19 I I 4 1 2 3 4 5 .6 ,7 8 9 3.0 3.1 12 ' 13 .14 15 3.6 17 1E 1s ' 2c 21 22 222 21 25 26 , 23 2E 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, SECTIOM 21.04.065 (DEFINITIONS), OF THE CARLSBAD MUNICIPAL CODE TO REDEFINE "BUILDING HEIGHT. 'I CASE NO,: ZCA-150 APPLICANT: CITY OF CARLSBAD 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 Conmission considered a11 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, th Commission recommends -___ APPROVAL of ZCA-'150, according to Exhibi "A", dat.ed November 23, 1982, attached hereto and made a part hereof, based on the following findings: P i n d i. nq s : 1. 2. //// That the proposed amendment will make the definition of huilding height in the Zoning Ordinance consistent with the Uni.forn Building Code. 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/// //// //// li" .d ... ,. 1 2 3 4 5 6 7 a 9 10 11 12 13 3.6 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plzr!:;ing Commission of the City of Carlsbad, California, held on t! 12t:; c!ay of January, 1983, by the following.vote, to wit: AYES- Chairman Schlchuber, Commissioners Rawlins, Jose, Marcus , Rombotis and Farrow, NOES : None, ABSENT: Commissioner Friestedt. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COI?IMI SS ION ATTEST: LAND USE PLANNING PIANAGER 1. ... .2 .. - 3 STAFF REPORT . DATE : December 8, 1982 TO: FRO M : Land Use Planning Office PI ann i ng Comm i s s i on SUBJECT: _- %CA-150, CITY OF CARLSBAD - Amendment to the Zoning Ordinance to modTEy Sectcon 21.04.065 (Definitions) to redef in? "Building Height .I' I. I RECOMMENDATION .. It is recommended that the Planning Conmission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT l?e:;olution No. 2055, recommcnding APPR.OVAL - of ZCA-150, based on the findings contained therein. -- 11. The proposed Zone Code Amendixent would amend Section 21.04.065, building height, of the zoning ordinance. This section defines 'Ibui1dir.g height" as follows: - PRO J E C T DES C R I P T I ON _I_- "21.04.065 Building Height. The height of a building or structure shall be mezsured a5 the greatest vertical distance along a line between the highest poiiit 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 lin?, whichever occurs first), whichever is lower in elevation; provided, however , that, for parcels which slope downward from a dedicated elevakion difference between the average elevation of the grade along the front yard setback line and the average c1.cvati.on of the graae. along the rear-most bui3.di.ccj 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 whcre retaining walls or fill grad5.ng are utilized to create finished gra.3e higher in clcvat: ion than precxis t iny grade, then preexisting cjracle shall be used in the determination of building or structure: height. 'I Pr cc?x i. s t: i. ng g radle " mea 11 s the ground 3.cvcl clcvation which existed ,prior: to any site prcparzt ion rcl.atcc1 .to, or- to bc incorporated into, thc propcsccl new dc?vclopincnt or altcration. I' ~. 'L .. pub1 ic right-of -way , whenever the natural grade .. . AN'\LY s I s .. --I XI1 , This arr,erl:'tincnt would change the definition of building height so that it ;g.:::il.d be consistent with the definition used by the Unifom I-:::i.lding Code. The existing definition is vague and inconsi::;-..k:2t with the U.B.C. definition. This has resulted in some conEusion for builders who must comply with both this code. and the zoning Ordinance. Using th? I1.B.C. definition as a guide, staff has coine 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. 2, 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 fron 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. r- - When the highest existing grade elevation within a five--foot horizontal distance of the building is -_.- more than ten feet above the lowest ex'isting grade elevation, then the bclilding height shall be measured from a poj-nt 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 understznd and consistent with the Uniform Building Code's defin.i.tion 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 Novcinber 22, 1982. . --- ATT AC 11 I-I 3 ET S _--- 1, Planning ConuAission Resolution f:~. 2055 2, E:xhibit 'X' d- ,]Led, - Novcmher 23, 1382' 3, Errviror~inc?ntal Documents ER/a r I I /3 0 /I) 3 DEVELOPMENTAL. SERVICES 0 Assistant City Maridpx (714) 433-5596 El Dullding Dspsrtinsrit (7'14) 436-5525 0 Engineering Dupa,!:ncnt (7'14) 438.5541 0 HouslnO E 13w!nn:ef33pment Depzrtmmt 3096 tlardrr!{l 5:. (714) 438-5G1! ,& Pianntng Departiwnt 1714) 438-5519 I . .; ") L i -. 1200 ELM AVENUE CARLSDAD, CALIFOfWlA 92308 . ?"ne Iand IJse Planning Office of the City of Calsmd intends to prepare a Negative Declaration for the follming project: Project &script ion: New dcf inition of building height. Anticipat& s ignificclllt wets : We need to kiiucJ your ideas abut the effect. this project migh< lime on the environvent and your suggestims for ways the project coalcl ?x rev is& to reduce or avo id any s ignif icant. env i-ronIr?znt al Gatrzge . Your ideas will help us dccidz what issues to analyze in the environ- mental rcvied of this project. Wne ant ici,nated. Your canrcnts on 'ckz cnviron~zntal @act of tlie proposed project my be subitl:& in writing to the Iand Use Planning Office, 1200 ELin .L. Avenue, Carlsbd, C&i 92008, no I-atcr than Novarber 8, 1982. DATED:' Wtob21: 26, 1982 CAS rim ZCA-150 ApPLIr,"T: City of Carlskd Iand Use Planning Maiiqer ND3 5/81 ~ .- ,I , I. -i 1200 ELM AVENUE CAnLSBAD, CAI-IFOHNIA 92003 DEV EL0 PEJ EN TA 1. SERVl C ES -. 0 Housing t Ruxkvsi~.~pment Department 3096 Hording SI. (714) 433.551 1 .d Pisnntng t>q)artm-in: (714) 438-5591 -. .. - .. PROJECT .WDi?ESS/I,CXXTION: 'I'nroughout City. PRCMECT ll!EC~F"IO??: height. Tne City 02 Carlsbad has condu&d an environmental reviex of the &ve descrikd project pursuant to the Guidelinss for Ix$exntation of the CZLifornia Ent?kerment-al Quality Act and the Environmental prof;ectioii Ozdinailic:-. of th2 City of Carlsbad. reviw, i? :<xjative kclaration (declarakion that th~ project will not have a cisnificant hpct on'the environEnt) is hereby issued for the subject project, and use Planning Office. Zone Cde Amenchent to recf.tfine buildirxj 2's a result of said ;Justification for this zction is on file in the A copy of the Negative Decl.aration with supprtivc docments is on file ir! the Land Use Plannhg Ofi'fice, City Hall, 1200 Elin ATrenw?, Carlsbad, (311, 92008, Comrrents from the public are invited. Please subxit mments in writing to the Land Use Planning Office within ten (IO) days of date oE issuance- \ WE KO: ZCA-159 ~x-d use Planning i.lanqer APPi.,1024T: City of Carls'md .