Loading...
HomeMy WebLinkAbout1985-02-12; City Council; 8056; Modify the height restriction section of M ZoneJ' AB# TITLE: ZONE CODE AMENDMENT TO MODIFY THE MTG. 2/12/85 HEIGHT RESTRICTION SECTION OF THE DEPT. PLN MANUFACTURING (M) ZONE. CITY OF CARLSBAD - ZCA-182 . m In b m i 0 me 7% In I nl + CIT 3k CARLSBAD - AGENDI-)ILL I (33 ICITY MGR. * RECOMMENDED ACTION: Both the Land Use Planning staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. 97x3 ITEM EXPLANATION This item is a zone code amendment which would change height restrictions in the manufacturing (M) zone to be compatible with height restrictions in the Planned Industrial (P-M) zone and Commercial Manufacturing (C-M) zone. The existing ordinance and the proposed changes are shown below: Existing Ordinance: 21.32.050 Building Height No building in the "M" zone shall exceed a height of two stories or thirty-five feet, whichever is lesser. Proposed Ordinance: 21.32.050 Building Height No building in the "M" zone shall exceed a height of thirty- five feet unless a specific plan providing for a higher maximum has been adopted. Staff believes that the proposed amendment to the "M" zone is appropriate because there is a demand for high quality industrial buildings in Carlsbad. This type of development generally requires a greater flexibility in the number of stories allowed. The existing ordinance does provide for 35 feet in height but limits buildings to two stories. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily reviewed. 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 December 17, 1984, which was approved by the Planning Commission on January 9, 1985. A copy of the environmental documents is on file in the Land Use Planning Office. EXHIBITS 1. City Council Ordinance No. 9 753 2. Planning Commission Resolution No. 2399 3. Staff Report, dated January 9, 1985 I \ s 1 2 z 4 f e 7 E S 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _. ORDINANCE NO. 9753 -c AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.32, OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION 21.32.050 TO REVISE THE HEIGHT RESTRICTIONS IN THE M ZONE The City Council of the City of Carlsbad, California does )rdain as follows: Section 1: That Title 21, Chapter 21.32, of *e Carlsbad lunicipal Code is amended by the addition of Section 21.32.050 to read as follows: 21.32.050 BUILDING HEIGHT No building in the M zone shall exceed a height of thirty- five feet unless a specific plan, providing for a higher maximum has been adopted, or a site development plan permitting greater height has been approved by the City council EFFECTIVE DATE: This ordinance shall be effective thirty lays after its adoption, and the City Clerk shall certify to the tdoption of this ordinance and cause it to be published at least )rice in the Carlsbad Journal within fifteen days after its tdoption. INTRODUCED AND FIRST READ at a regular meeting of the !arlsbad City Council held on the 5 th day of F&-, 1985, by the iollowing vote, to wit: '/I/ '/// I/// '/// '/// 'I// /// I 1 2 3 a 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 .--e :ouncil held on the 13th day of February , 1985, by the iollowing vote, to wit: AYES: Council Bkx&e.rs Casler, Lewis, Kulchin, sick and Pettine NOES: Norre ABSENT: None r MARY CASLP, Mayor 4TTEST: 4LETHA L. RAUTENKRANZ, City/ Clerk [SEAL) -2- 3 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2399 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.32, OF THE CARLSBAD MUNICIPAL CODE, RY THE AMENDMENT OF SECTION 21.32.050 TO REVISE THE HEIGHT RESTRICTIONS IN THE M ZONE. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-182 WHEREAS, the Planning Commisson did, on the 9th day of January, 1985, hold a duly noticed public hearing 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, the Commission recommends APPROVAL of ZCA-182, according to Exhibit "A", dated December 17, 1984, attached hereto and made a part hereof, based on the following findings: Find i ng s : 1) That the proposed amendment is consistent with the Land Use Element of the General Plan. 2) That approval of this amendment will make height regulations in the M-zone consistent with height regulations in the P-M and C-M zones. 3) That approval of this amendment in conjunction with a specific plan will permit the city to consider allowing flexible application of building height in the M zone. //// //// //// Y 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) That this project will not cause any significant adverse impacts on the environment because a negative declaration was issued by the Land Use Planning Manager and approved by the Planning Commission on January 9, 1985. PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the City of Carlsbad, California, held the on the 9th ATTEST : of January, 1985, by the following vote, to wit: Marcus, McFadden and Smith. AYES: Chairman Farrow, Commissioners Schlehuber, NOES : None. ABSENT: Commissioners L'Heureux and Rombotis. ABSTAIN: None. VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION LAND USE PLANNING MANAGER PC RES0 NO. 2399 -2- DATE : TO: FROM: SUBJECT: I. STAFF REPORT January 9, 1985 Planning Commission Land Use Planning Office ZCA-182 - CITY OF CARLSBAD - A request to amend the height restriction section of the manufacturing zone. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2399, recommending APPROVAL of ZCA-182. 11. PROJECT DESCRIPTION This item is a zone code amendment which would change height restrictions in the Manufacturing (M) zone to be compatible with height restrictions in the Planned Industrial (PM) zone and Commercial Manufacturing (C-M) zone. Structures would be permitted up to 35 feet in height and under the proposed amendment, could have more than two floors. Building heights of more than 35 -feet could be considered but it would have to be in conjunction with a specific plan. 111. ANALYSIS Plannina Issues 1. Are buildings greater than two stories appropriate in the M zone? 2. Is it appropriate to& able to consider heights greater than 35 feet in the M zone with a specific plan? Discussion The existing ordinance and the proposed changes are shown below: Existing Ordinance: 21.32.050 Building Height No building in the "M" zone shall exceed a height of two stories or thirty-five feet, whichever is lesser. Proposed Ordinance: 21.32.050 Building Height Ne building in the "M" zone shall exceed a height of thirty-five feet unless a specific plan providing for a higher maximum has been adopted. Presently, the "M" zone only permits construction of one and two permitted in the C-M and P-M zones, both of which authorize manufacturing uses and also permit structures with more than two stories that are under 35 feet. This would appear to place an undue hardship on those applicants proposing similar developments in the "M" zone. story buildings. This is tot consistent with what has keen ur*. The proposed change would provide the same maximum height limit of 35 feet permitted in other zones in the city. If the Planning Commission and City Council feels that additional height is desirable in certain areas of the "M" zone, they may approve additional height through the specific plan process. Staff feels that the proposed amendment to the "M" zone is appropriate because there is a demand for high quality industrial buildings in Carlsbad. This type of development generally requires a greater flexibility in the number of stories allowed. In summary, staff does not feel the proposed zone code amendment will have any negative impacts because the proposed provision already successfully exists in the C-M and P-M zones and a specific plan must be processed for any project requesting heights above 35 feet. Staff, therefore, recommends approval of this proposed amendment. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that the zone code amendment will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on December 17, 1984. Attachments 1. Planning Commission Resolution No. 2399 2. Exhibit "A", dated December 17, 1984 3. Environmental Document AML : ad 12/19/84 -2- 7 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Sun Diego County 3 138 ROOSEVELT ST. P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication 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 Sun 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 Sun 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-I82 NOTICE IS HEREBY GIVEN that thecity CounciloftheCltyofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M. on Tuesday, February 5. 1Q85, lo consider a request to amend the height restriction sec- tion of the manufacturing zone in the City of Carlsbad. Ifyouchallenge the(natureofthe proposed action) in court, you may I be limited to raising only those issues you or someone else raised at the public hearing described in Shis notice, or in written corre- spondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL CI 3025 January 23.1985 January 23 85 ................................. 19 .... ................................. 19 .... ................................. 19 ................................. 19 .... ................................. 19 15M-11/84 I certify under penalty of perjury that the foregoing is true and correct. Executed at Car sbad County of San Diego, State of California on day of the 23rd CI Clerk of the Printer - A . NOTICE OF PUBLIC HEARING NCrrICE IS HEREBY GTVEN that the Planning Camnission of the City of Carlsbad will hold a public hearing at the City Council Ch-rs, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday, January 9, 1985, to mnsider approval of a request to mend the height restriction section of the manufacturing zone in the City of Carlsbad. Those persons wishing to speak on this prcposal are axdially invited to atten3 the public hearing. Office at 438-5591 . If you have any questions please call the Land Use Plannirq CASE FIW: ZCA-182 APPLICANT: City of Carlsbad PUBLISH : December 29, 1984 CITY OF CARLSBAD PLANNING a3MMISSION - NOTICE OF PUBLIC HEARING ZCA- 18 2 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, February 5, 1985, to consider an request to amend the height restriction section of the manufacturing zone in the City of Carlsbad. will If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH: January 23, 1985 CARLSBAD CITY COUNCIL