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HomeMy WebLinkAbout1991-10-15; City Council; 11393; ADOPTION OF ORDINANCE NO. NS-180 | BUILDING HEIGHT | ZCA 91-034. .I .- 24 a, $ a, c 0 0 w a a) 3 C rl c 0 c) [I) cd 3 Ll u I. 2 & 4 u .rl a, c M 4 .. m z 0 \ Ln - 4 \ 0 rl ci a G J z s 0 CIBOF CARLSBAD - AGENWILL *- ADOPIION 1"" OF ORDINANCE NO. NS-180 CIT TITLE: AB# / I', 35 5 MTG, 10/15/91 BUILDING HEIGHT - ZCA 91-3 DEPTL RECOMMENDED ACTION: Adopt Ordinance No. NS-180, approving an amendment to Title 21 of the Carlsl Municipal Code for the purposes of (1) the revision and addition of zoning definitic (2) the establishment of building height reductions in certain zones, (3) establishment of building height increases in certain industrial and commercial zor and (4) clarification of the building height limit within the beach area overlay zon ITEM EXPLANATION Ordinance No. NS-180 was introduced and first read at a regular City Council meet would then become effective in thirty days. The City Clerk will have the ordinal published in the "Carlsbad Journal" within fifteen days, if adopted. on October 8, 1991. The second reading allows Council to adopt the ordinance wh FISCAL IMPACT See Agenda Bill No. 11,387 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-180. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 l7 l8 19 20 21 22 23 24 25 26 27 28 e 0 ORDINANCE NO. NS-180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAF&SBA[ CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS ( TITLE 21 OF THE CARLSBAD MUNICIPAL CODE FOR THE PURPOSI OF (1) THE REVISION AND ADDITION OF ZONING DEFINITION: (2) THE ESTABLISHMENT OF BUILDING HEIGHT REDUCTIONS 1 CERTAIN ZONES, (3) THE ESTABLISHMENT OF BUILDING HEIGI INCREASES IN CERTAIN INDUSTRIAL AND COMMERCIAL ZONES, AI (4) CLARIFICATION OF THE BUILDING HEIGHT LIMIT WITHIN TI BEACH AREA OVERLAY ZONE. CASE NAME: BUILDING HEIGHT PROGRAM The City Council of the City of Carlsbad, Californj CASE NO: ZCA 91-03 ordain as follows: SECTION 1: That Title 21, Chapter 21.04 of the C Municipal Code is amended by the revision of Section 21.04 read as follows: 1921.04.045 Basement. "Basementt1 means that portion of a building between fl ceiling which is partly below and partly above grade as m along the exterior (immediately outside of "building cov perimeter of the structure but so located that the v is more than the vertical distance from exterior grade to a interior ceiling. This definition must apply to a minimum of the perimeter of building coverage for a structure to quz a basement. The portion of a basement that is below existir is not included in the measurement of building height (as in Section 21.04.065). In no case shall a basement underground parking. It distance from exterior grade to the adjacent interior floo SECTION 2: That Title 21, Chapter 21.04 of the C Municipal Code is amended by the addition of Section 21.01 read as follows: 1121.04.061 Buildinq Coveraqe. tlBuilding coveragell is defined as the total ground ai site occupied by any building or structure as measured i Building coverage includes exterior structures such as arcades, bridges, permanent structural elements protrudj buildings such as overhanging balconies, oriel windows, which overhang a ground level story, garages and covered c( Building coverage also includes the perimeter area of a b Excluded from building coverage are roof eaves extending 1 30 inches from the face of any building, awnings, open pa outside of its surrounding external walls or supporting I 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 0 0 areas, structures under 30 inches in height and masonry wal greater than six feet in height such as wing-walls, planter or grade-separation retaining walls. It SECTION 3: That Title 21, Chapter 21.04 of the Ci Municipal Code is amended by the revision of Section 21.04 read as follows: 1121.04.065 Buildins Heiqht. (a) The height of a building shall be measured as fo (1) IIBuilding height1* means the vertical distanc structure measured from the more restrictive (lowest) of f or existing grade. The vertical distance is measured fi points at grade along and within the building coverage highest point of the structure directly above that PC measurement. (2) "Existing grade" for the purposes of me building height means the ground level elevation which exi or before August 1, 1991 and prior to any grading or othl preparation related to, or to be incorporated into, a propo development or alteration of existing developments un discretionary permit for such developments or alteratj the property is developed or improved in accordance w: grading plans which implement the approved discretionary For non-discretionary permits where retaining walls, fill c grading are utilized to create finished grade higher in el than existing grade as defined above and as determined Planning Director, then existing grade shall be used determination of building height. (3) Building height measurements include baseme other subterranean areas that are above existing grade. case of basements, cellars and underground parking, buildinc is measured from existing grade; excluding the area below e grade. (4) Building height is measured to the peak structure. Per Section 21.46.020 of this title, penthouses structures for the housing of elevators, stairways, ventilating fans or similar equipment required to oper maintain the building; fire or parapet walls, sk] architectural towers, flagpoles, chimneys, smokestacks, ~i masts and similar structures may be erected above the heigh. of this ordinance prescribed, but no penthouse or roof sti or any other space above the height limit prescribed for I in which the building is located shall be allowed for the of providing additional floor space, or be taller than req accommodate the intended use. ... ... approved. In that case, existing grade shall mean the grad 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 a SECTION 4: That Title 21, Chapter 21.04 of the Cz Municipal Code is amended by the revision of Section 21.04 read as follows: 1t21.04.160 Grade. l1Gradett means the average of the finished ground level center of all walls of a building. In case walls are para and within five feet of a sidewalk, the above ground level s measured at the sidewalks. For the purposes of measuring b height tlgradell means the ground elevations along and wit1 area of building coverage.tt SECTION 5: That Title 21, Chapter 21.04 of the C Municipal Code is amended by the addition of Section 21.04 read as follows: It2 1.04.2 02 Level. An occupied or usable horizontal and vertical space o structure. 11 SECTION 6: That Title 21, Chapter 21.04 of the C Municipal Code is amended by the addition of Section 21.04 read as follows: It2 1.04.2 22 Lot Coverase. See Building Coverage. It SECTION 7: That Title 21, Chapter 21.04 of the C Municipal Code is amended by the revision of Section 21.01 I 2o 21 22 23 24 25 26 27 28 iread as follows: IIStoryl' means that portion of a building included bet surface of any floor and the surface of the floor next a1 If there be no floor above it, then the space between su( and the ceiling next above it shall be considered a Underground parking, a basement or a cellar shall not be co; a story. Lofts or mezzanines shall not be considered provided that they do not exceed 50% of the floor area of t they are located within.11 1121,04,330 Storv, ... ... 3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 d SECTION 8: That Title 21, Chapter 21.04 of the Ci Municipal Code is amended by the addition of Section 21.04 read as follows: 1121.04.370 Underqround Parkina. Parking areas that are located completely or pa underground where the finished floor of the parking area i existing grade. Underground parking areas are excluded f measurement of building height. However, in the case underground parking is not completely underground, building will be measured from existing grade so that the portion parking structure above existing grade is part of the b height. In no case shall underground parking areas conL useable living area.I' SECTION 9: That Title 21, Chapter 21.04 of the C Municipal Code is amended by the addition of Section 21.04 read as follows: l'21.04.376 Useable Living Area. The area of a building intended for habitation and/or the building's occupants. part of an underground parking area." In no case shall useable living SECTION 10: That Title 21, Chapter 21.07 is amended amendment to Section 21.07.100 to read as follows: 1121.07.100 Buildins Heiqht. No building in the E-A zone used for dwelling p~ wherever located, and no building or structure used for otl dwelling purposes and located less than one hundred feet f /property line, shall exceed thirty feet and two storic 20 21 22 23 24 25 26 27 28 minimum roof pitch of 3/12 is provided or twenty four feet stories if less than a 3/12 roof pitch is provided. A bui: structure used for other than dwelling purposes and locz hundred feet or more from any property line may exceed the allowable height pursuant to conditional use permit. Sing1 residences on lots with a lot area of 15,000 square feet or shall not exceed thirty-five feet and three stories." SECTION 11: That Title 21, Chapter 21.08 is amendec I amendment to Section 21.08.020 to read as follows: 1121.08.020 Buildins Height. No building in the R-A zone shall exceed a height o feet and two stories if a minimum roof pitch of 3/12 is pro twenty four feet and two stories if less than a 3/12 roof 4 .. l, 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 0 v provided for lots under 15,000 square feet. single residences on lots with1 a lot area of 15,000 square feet or 5 and within a R-A zone and specifying a -15 or greater area symbol shall not exceed thirty-five feet and three stories. SECTION 12: That Title 21, Chapter 21.10 is amended amendment to Section 21.10.020 to read as follows: g121.10.020 Buildins Heisht. In the R-1 zone no building shall exceed a height of feet and two stories if a minimum roof pitch of 3/12 is prov. twenty four feet and two stories if less than a 3/12 roof p: provided for lots under 15,000 square feet. Single residences on lots with a lot area of 15,000 square feet or c and within a R-1 zone and specifying a -15 or greater area symbol shall not exceed thirty-five feet and three stories, SECTION 13: That Title 21, Chapter 21.12 is amended amendment to Section 21.12.020 to read as follows: 1121.12.020 Buildins Heisht. No building in the R-2 zone shall exceed a height of feet and two stories if a minimum roof pitch of 3/12 is prov twenty four feet and two stories if less than a 3/12 roof p provided for lots under 15,000 square feet. Buildings on lo a lot area of 15,000 square feet or greater, shall not thirty-five feet and three stories." SECTION 14: That Title 21, Chapter 21.20 is amended amendment to Section 21.20.030 to read as follows: 1121.20.030 Buildins Heisht. No building in the R-T zone shall exceed a height of 1 SECTION 15: That Title 21, Chapter 21.22 is amended 1 five feet." amendment to Section 21.22.020 to read as follows: 1121.22.020 Buildins Heiqht. No building in the R-W zone shall exceed a height of * SECTION 16: That Title 21, Chapter 21.26 is amended I five feet." amendment to Section 21.26.030 to read as follows: "21.26.030 Buildins Heisht. No commercial structures in the C-1 zone shall exceed a of thirty-five feet or three levels. 5 1 2 3 4 5 6 7 a 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 w SECTION 17: That. Title 21, Chapter 21.27 be amended amendment to Section 21.27.050(3) to read as follows: "21.27.050 Development - Standards. (3) Building Height. The maximum height of structures Additional building height may be permitted to a maximum of five feet through a site development plan approved by tl Council provided that: the 0 zone shall not exceed thirty-five feet or three (a) the building does not contain more than three (b) all required setbacks shall be increased at a L one horizontal foot for every one foot of v construction beyond thirty-five feet. area will be maintained as landscaped open space: and (c) the building conforms to the requirements of S 18.04.170 of this code. The additional Subsection 21.27.050(5) is repealed. SECTION 18: That Title 21, Chapter 21.28 is amended amendment to Section 21.28.030 to read as follows: 3321.28.030 Buildins Heiqht. Except as otherwise provided in this section, no buil the C-2 zone shall exceed thirty-five feet or three le height. Additional building height may be permitted to a of forty-five feet through a site development plan approve( City Council provided that: (a) the building does not contain more than three (b) all required setbacks shall be increased at a 1 one horizontal foot for every one foot of 1 construction beyond thirty-five feet. The additional area will be maintained as landscaped open space; anc (c) the building conforms to the requirements of : 18.04.170 of this code. The City Council may approve a height limit in ex forty-five feet to a maximum of fifty-five feet through development plan for a development of forty acres or more wl (1) The height of the buildings will not adverse11 (2) The buildings will not be unduly disproportioi (3) the building does not contain more than three (4) an increased area in contiguous heavily lands1 open space is provided adjacent to and outside of the 1 perimeter and/or the parking lot. The property owner agree develop the open space in the future. Council finds: surrounding properties; other buildings in the area. The increased area to be provided will be computed as (x) feet increase in vertical height above 35 fee 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 w multiplied by 1% of the site's building coverage square foc (5) the buildiny conforms to the requirements of Sc (6) the site must develop with a regional commercii 18.04.170 of this code and; that would accommodate large anchor tenants." SECTION 19: That Title 21, Chapter 21.29 be amended amendment to Section 21.29.060 to read as follows: "21.29.060 Buildins Heiqht. No building in the C-T zone shall exceed a height of five feet or three levels. Additional building height permitted to a maximum of forty-five feet through development plan approved by the City Council provided tha (a) the building does not contain more than three (b) all required setbacks shall be increased at a r one horizontal foot for every one foot of v area will be maintained as landscaped open space: and (c) the building conforms to the requirements of CM 18, Section 18.04.170. SECTION 20: That Title 21, Chapter 21.30 is amended construction beyond thirty-f ive feet. The additional amendment to Section 21.30.030 to reaid as follows: 8121.30.030 Buildins Height. No building in the C-M zone shal.1 exceed a height of five feet or three levels. Additional building height permitted to a maximum of forty-five feet by the Planning C provided that: (a) the building does not contai-n more than three lev (b) all required setbacks shall be increased at a ratic horizontal foot for every one foot of vertical constructior thirty-five feet. The additional setback area will be mai as landscaped open space: and 20 21 22 23 24 25 26 27 28 I 18.04.170 of this code." (c) the building conforms to the requirements of Building heights in excess of forty-five feet may be 2 through a specific plan approved by the City Council. SECTION 21: That Title 21, Chapter 21.32 is amended amendment to Section :21.32.050 to read as follows: "21.32.050 Buildins Heiqht. No building in the M zone shall exceed a height of thii feet or three levels. Additional building height may be pt to a maximum of forty-five feet by the Planning Director ] that: 7 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 w (a) the building does not contain more than three 11 (b) all required setbacks shall be increased at a r one horizontal foot for every one foot of vc construction beyond thirty-five feet. The additional I area will be maintained as landscaped open space; and (c) the building conforms to the requirements of SC 18.04.170 of this code.11 Building heights in excess of forty-five feet may be a. through a specific plan approved by the City Council. SECTION 22: That Title 21, Chapter 21.33 is amended amendment to Section 21.33.060 to read as follows: "21.33.060 Buildinq Heiqht. No building or structure in the 0-S zone district shall twenty-five feet in height unless a higher elevation is appr a conditional use permit issued by the planning commission SECTION 23: That Title 21, Chapter 21.34 is amended amendment to Section 21.34.070(1) to read as follows: 1121.34.070 Develogment Standards. All industrial projects shall comply with the fo development standards: (1) Building Height. No building in the P-M zone shall a height of thirty-five feet or three levels. Additional b height may be permitted to a maximum of forty-five feet Planning Director provided that: (a) the building does not contain more than three (b) all required setbacks shall be increased at a I one. horizontal foot for every one foot of vertical const beyond thirty-five feet. The additional setback area \ maintained as landscaped open space; and 1 (c) the building conforms to the requirements of S 18.04.170 of this code.I1 Building heights in excess of forty-five feet may be a through a specific plan approved by the City Council. Subsection 21.27.050(5) is repealed. SECTION 24: That Title 21, Chapter 21.38 is amended addition to Section 21.38.060(1)(B) to read as follows: "(B) Location of the various land uses shall be indic the use of zone designations of development zones and over12 of each such zone shall be subject to the regulations indicated zone unless specifically modified as a part of thc as provided in this title. Development of property within 1 8 1 2 3 4 5 6 7 8 9 10 11 I' 13 I* 15 l6 I' 18 l9 20 21 22 23 24 25 26 27 28 e W plan approval. All master plans shall allow a maximum b height of thirty feet and two stories if a minimum roof p 3/12 is provided or twenty four feet and two stories if le a 3/12 roof pitch is provided for single family and duplex F on lots with a lot area less than 15,000 square feet in sizc with a lot area of 15,000 square feet or greater and zoned specifying a -15 or greater area zoning symbol by the mast may have a building height limit of 35 feet and three stoi master plan may impose a lower building height limit tha stated above in its development standards. Neighborhood con uses within a master plan shall conform to Section 21.26.03 C-1 zone. Tourist-oriented commercial uses within a mast commercial uses within a master plan shall conform to the 1: height regulations contained in Section 21.28.030 of the C- All industrial uses within a master plan shall conform building height regulations as contained in Section 21.34.0 the P-M zone. Office uses shall conform to Section 21.27.0 the 0 zone." shall conform to Section 21.29.060 of the C-T zone. A1 SECTION 25: That Title 21, Chapter 21.45 is amendec amendment to Section 21.45.090(0), to add SUI 21.45.090(0)(5) to read as follows: "(5) The building height limit for single family ant residences shall not exceed thirty feet and two stori minimum roof pitch of 3/12 is provided or twenty four feet lot area less than 15,000 square feet in size, although maximum height may be established for the project. For 1 a lot area of 15,000 square feet or greater and within a and specifying a -15 or greater area zoning symbol, the height limit shall not exceed 35 feet and three stories. stories if less than a 3/12 roof pitch is provided for lot SECTION 26: That Title 21, Chapter 21.82 is amende amendment to Section 21.82.050 to read as follows: 1121.82.050 Buildins Heisht. No newly constructed, reconstructed, altered or residential structure within the beach area overlay zo exceed thirty feet and two stories if a minimum roof pitcl is provided or twenty four feet and two stories if less th; roof pitch is provided. Building height shall be mea defined in Section 21.04.065 of this title. Covered parkj and basements shall not be considered a story. In the covered parking, or underground parking as defined in 21.04.370 of this title, or basements as defined in 21.04.045 of this title, building height shall be measu existing grade. 1v 9 ,. ' 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 0 w SECTION 27: This ordinance shall not apply to discre, development projects which have a complete application or r discretionary approvals by August 1, 1991 and for whi building height has, been specifically stated; or discretionary approvals are required, then development pro]€ which a building permit application was on file with the Carlsbad by August 1, 1991 and for which said permit is is February 1, 1992, shall be exempt. ... ... ... ... ... ... ... ... ... ... ... ... --. ... ... ... ... ... ... 10 I. EFFECTIVE DATE: This ordinance shall be effective third INTRODUCED AND FIRST READ at a regular meeting of the Cq PASSED AND ADOPTED at a regular meeting of the City Cou AYES: Council Members Lewis, Kulchin, Larson and Nygaard NOES: None ABSENT: None ABSTAIN: Council Member Stanton ALETHA L. RAUTENKRANZ, City Cl$rk 11