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Home My WebLink About1992-01-07; City Council; 11502; REPORT TO CITY COUNCIL ON BUILDING HEIGHT ISSUES | CONSIDERATION OF URGENCY ORDINANCE0 z L) cd a M 0 h V bD D a, li .I4 G 5 b a $ I-. I hl cn 0 .rl 0 u G c, a, w z G s H 0 G 0 vi 5 u r-i 0 (I] a, c4 a a, u 0 cd .d cn urn a a 4. G-I 51 Om UZ 01 --. cn \ b rl z 0 I- o a - 8 z 3 0 0 CITY^ CARLSBAD - AGEND~ILL PA, AB # /[ 6l; yL MTG. I - '? -5s TITLE: REPORT TO CITY COUNCIL ON BUILDING HEIGHT ISSUES/ CONS IDEMTION OF URGENCY ORDINANCE -P DEPT. PLN RECOMMENDED ACTION: ADOPT Resolution of Intention No (?,??- 7 initiating a Zone Code Amendment to lim heights in the R-1 zone and to further claw the definition of underground parking, ITEM EXPLANATION On October 8, 1991, the City Council considered and approved ZCA 91-3. The Cc directed staff to consider various options to address the issue of structures exceedin1 stories near Agua Hedionda Lagoon. This issue was stated in the form of a signc presented to Council at the public hearing on October 8,1991. Staffs recommendatior the zoning ordinance to adjust the threshold for allowing up to 35 feet/3 stories, from to R-1-20,000 is described in detail in the attached memorandum to the City Managc Planning Director. One additional issue that has surfaced since the approval of ZCA 91-3 is a loop I underground parking definition. Since the requirement for an underground par finished floor to be below existing grade is not quantified, a minimal difference (like would qualify the parking area to be exempt from being a "story". This can, in esser 3 story structures up to 30 feet with a parking area submerged 1 or 2 feet below exis Therefore, staff has implemented a Planning Department Administrative Poky (attacl requires that an "underground parking" area qual@ as a "basement" in order to be being considered a "story". Staff recommends that the Council direct staff to initiate tht amendment process to cod@ this policy and make the associated code amendments. The attached Resolution of Intention would initiate the Zone Code Amendment accomplish the two items discussed above and staff would recommend adopiion of the There is one additional item which the City Council may wish to discuss and consider processing of a Zone Code Amendment will take several months, there is the possibil story/35 foot residence may be proposed in the R-1-15 area north of Agua Hedionda the Council wants to prohibit ihis possibility while the Zone Code Amendment is being the appropriate procedure would be to adopt an emergency moratorium to prohibit the of any structure over 30 feet/2 stones in the area under consideration until the Amendment is complete. If the City Council wishes to take this action, staff has pi appropriate urgency ordinance which is attached. Approval of the ordinance woul 4/5th affirmative vote of the City Council and must be based on a finding that allowing health, safety and welfare. EXHIBITS 1. 2. 3. 4. structures to exceed 30 fee@ stones in the affected areas would pose a threat to Memorandum to the City Manager dated December 6, 1991 City Council Resolution of Intention No. 7d- '7 Planning Department Administrative Policy No. 25 Draft Ordinance placing a temporary moratorium on 3 story structures in the F north of Agua Hedionda Lagoon. &p/ 54, ,A/- , ' - ' ' ,- 0 e DECEMBER 6,1991 To: CITY MANAGER FROM: Planning Director PETlTION FOR AGUA HEDIONDA LAGOON AREA HEIGHT RESTRIC;TIONS Staff has completed its review of the above-referenced petition presented to the City Coun concern of single family dwellings exceeding 30 feet/2 stones and the desire to maintain ei neighborhood character. As allowed by ZCA 91-3 (approved by Council on October 8,1991 15,000 zones adjacent to Agua Hedionda Lagoon would allow up to 35 fOOt/3 story single residences on lots 15,000 square feet or greater. Staffs recommendation to resolve the height issue as stated in the petition, is to adju threshold which would allow heights up to 35 feet/3 stones. By processing a City initiated code amendment, the 35 foot/3 story threshold would be adjusted to 20,000 square feet fro currently allowed 15,000 square feet. In this way, residential heights for applicable zones not exceed 30 feet/2 stories unless the subject property is located within a R-1-20 zone or g with a minimum lot size of 20,000 square feet. This would eliminate the potential for all F zones Citywide to exceed 30 feet/2 stories. This zone code amendment process would r( Planning Commission review and City Council approval and associated public hearings. initiated, the whole process would take approximately 3-5 months. Several other options were thoroughly reviewed by staff to address the height issue presen the petition. These included: some type of zone change for affected zones, developmer implementation of an overlay zone, complete elimination of a threshold to allow heights g than 30 feet/2 stories and the addition of a new zoning symbol or designation. All of these o have varying degrees of complexity and effectiveness. In addition, most would require a g amount of time to research, develop and implement. Staff feels the recommendation to adji threshold to R-1-20 zones and 20,000 square foot lots would most adequately address the COI raised by the petition, while maintaining consistency with the balance of the changes appro' ZCA 91-3 and minimizing the time required for approvaVimplementation. October 8,1991, during the public hearing for ZCA 91-3, The petition (copy attached) stat -- I ,.-' ,' ; I bf&"&y& I * J+?p~Lk,%.-G I MICHAEL J. H&ZMILLER Planning Director Attachment: Petition presented to City Council om October 8, 1991 c: Community Development Director Assistant Planning Director jl ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 18 0 0 RESOLUTION OF INTENTlON NO. 9 2 - 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE T( MODIFY THE MAXIMUM HEIGHT REGULATIONS FOR. SINGLE FAMILY RESIDENCES AND CHANGE THE DEFINTION OF UNDERGROUND PARKING. Pursuant to Section 21.52.020 of the Carlsbad Municipal Codc Council of the City of Carlsbad hereby declares its intention to consider an ar of Title 21 of the Carlsbad Municipal Code to: Adjust the threshold to allow single family residences to exceed of 15,000 square feet to R-1-20 or greater zones with a minimum size of 20,000 square feet; and to change the definition underground parking. The Planning Director is directed to study said amendment feet/2 stones from R-1-15 or greater zones and a minimum lot s appropriate study set the matter for public hearing before this Council. PASSED, APPROVED AND ADOPTED at a regular meeting o Council of the City of Carlsbad, California, held on the 7th day of Jan 19 92 I , by the following vote, to wit: ~ AYES: Council Xembers Lewis, Kulchin, Larson and Nygaa 21 22 23 24 25 26 27 28 ABSENT: None /y -. < L CLAUDE A. LEWIS, Mayor ATTEST: 11 HA L. EN 2:, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) 1 I e 0 HEIGHT LIHIT FOR AGUA HEDIONDA LAGOON AREA Agua Hedionda Lasoon is very special. It is a peop lagoon. The area surraundins it is predorninatly rural uith o and two-story homes. This existing neishborhood needs qaintain its character. We ask tnat it be ziven the sa consideration as the beacn area neishborhood. Ye ask that theri be a lagoon overlay, lrq~trng srn: falily dwellings to'3O fee: hizh, ressrdless of zonin3. SAME ADDRESS - # q-JQd4u- 4339 AdArls bF-t c-12 WW//Q&&~. ebd e a'/b CfWcI )cA@-d,raLeol &&. 7 D: ye-; \ 7; 4- f-t,"/L-- A,&& x&+ [I346 ~,+.&-~,&&* / [ *%.,i, p 1 hd&2 &Ld ,x A13?&d- 4539 dJhW/h Y3m /ya,E - kt @=j--.-$" YW y-lp&d I gL&AL?! &- 78% I/ u :)&.&/ 7 j.: Sf 3d- LkW' : I 4273) 6 '. ;, L'& 4) -.a P >?A- / ( AJ A 7 (22 <-d,Y>j L3.2W -(Q- L / I UT //, !/ //,IA,', i, L, - ( \' a\ \ '/ J&&- - libiL'd s /&+- t .em c \, 4 : , -i'/*";Pfi .I L - rc 490 + r/( 6h/ LAd, 1 M , cd, @ -4Pt =. i 43 /5&?k JaidPr* C0fi 43% &yL(QthI /Af LM-k '%43 d,Vb<, c * w -- .#- cc,------- ,I---------- -*-p-,--.-.-- C-_L--CC__ c---------r-CC- /A Di~t'rit~~~TE0 &T WJ~CIL NL&f14CJ6 Of j'[f/?, - 39) 46' e a HEIGHT LIMIT FOR AGUA HEDIONDA LAGOON AREA Agua Hedionda Lagoon is very special. It is a peop lagoon. The area surrounding it is predominatly rural with o and two-story homes. This existinq neighborhood needs maintain its character. We ask that it be given the sa consideration as the beach area neighborhood. We ask that there be a lagoon overlay, limiting sing family dwellings to-30 feet high, regardless o€ toning. NAME ADDRESS D L1'3Lr d%&vw'~4c A 'f3 +d . /&&& L AlA, f de t.=J- '\ 'Y- ' 4"7 71 ",fi C?L& 4h 1 / 4J9b dpL!&d /[L& 'q!A:q J41c: @ ,f E f .\ / ,-, ,4-..t--- ' I ' t ' -I /VJ>?L, s/ A7 J 3 & LJ fl@Ky if J$ibLY /1 i=? - I I y. \, -0 --? I' Y I 4 I // ' //7 A+ ' a c L, / -4 - ._ '>/ I 7, L, I /i, /r' L -; *cjt, /- 'd/ ,! d l- n3L /% LLni -4 i ' (,,/X i' 1 j +2+d &!hiLee- ; 9A4 i ,.i <'$ 5,~$7hLa& L!AcA &d: c \ / / /I ,. zc.+/, ,LC- /- l.l.r/ - 7:: LA~s/c4 1' -7 h c && (jLJp2- '7 -J-&kJ, - / 1 LL33y ~AflS~~ ( & &dHr -&hb= &- '( : I Lfi& j lAY0 J%mW &* YL b*. I A -< .- id I -x 3 f *a,< /*L f/jk&Q/& : $q t?@ &@7=q-y- 4~,&0/+ \, I 4 I F VF/- ; ' ' /' I '6 PB i I---.--- c rrrrr-4 --.-*-- --* --------LC------- ----- m-1-G J~YO 4 /tsoJizlr/ ST 0 0 HEIGHT LIMIT FOR AGUA HEDIONDA LAGOON AREA Agua- Hedionda Lagoon is very special. It is a peop lagoon. The area surrounding it is predominatly rural with o and two-story homes. This existinq neighborhood needs maintain its character. We ask that it be given the sa consideration as the beach area neighborhood. We ask that there be a lagoon overlay, limiting sing family dwellings to 30 feet high, regardless of zoning. NAME ADDRESS iL N5 &\y( 47 CLd +/LC 7 +& L %a/ u $975 - wd vof WAG /d3/ QL&#&#JA?h&>c /33( cLy+L;iK rLR.h 13* I cb %- /3w GuZupN #Pd 0 *&G /f0/3-w., 6 ifo/557 RypQ u & 63s- .4oyql Dr Gf 32rq % cexJ\ - /3w hd& R* $5+L- &A!&&,W& rc y- 9d P4. @Q / -/ /) fdF 4@g%/,,9 UiLAdL E * 0 0 HEIGHT LIMIT FOR AGUA HEDIONDA LAGOON AREA Agua Hedionda Lagoon is very special. It is a peop lagoon. The area surrounding it is predominatly rural with o and two-story homes. This existing neighborhood needs maintain its character. We ask that it be given the sa consideration as the beachi area neighborhood. We ask that there be a lagoon overlay, limiting sing family dwellings to 30 feet high, regardless of zoning. NAME ADDRESS v. d 9ot;b*3PJ+- // &-+ )&J-Q-d '6 //6 + - &*& //b5' a && & Dl& wY% g /*@ ',.J p6Y 7- -&% bT*& P, T fL d '4 i il i P?~w.+ 4 Il /I/o + @&A( YJ * -w- &@ w L230 /" w- A2d-r /fbo/&=f r/- 9V7f /&--Q* 535 +/e- 7 SC. - &+h - n ic cc d &n6lccwa ~d e&,, JfY3 kj&hwH/L(rJ~ b(5 417b w&. Fa IFF -7 a- -jatb*-&ed ~ SF' - .Id- -'d'L'4 'A v - v-. - -Q -.- / -1 - /x- iF- 2 flf- -1 d -- - - -i.-,Lp- .-*. - ’0 0 HEIGHT LIMIT FOR AGUA HEDIONDA LAGOON AREA A~ua Hedionda Lagoon is very special. It is a peop lagoon. The area surrounding it is predominatly rural with o and two-s tory homes. This existinq neighborhood needs maintain its character. We ask that it be given the sa consideration as the‘beach area neighborhood. family dwellings to.30 feet high, regardless of zoning. We ask that‘ there be a lagoon overlay, limiting sing ADDRESS /u ‘bdf Lw - NAME , l,zscp~ p :-e%- ffl k 5ib40JJ 2A& I 112”; Ow+’* r-40~-a Adoms I -- J&p& I h J cQJL,u d&- kJ”4- 1 ’ CL>T c.h& 6- mw- / -2 9ggL I %Mdp-e.,&k u [L*w- 4- J /&!7(2&: ‘ d TO4 J.& /-- ‘ qooc &yp” bL \ &. z2- I \ \ 1 1 I I I I I I I I I I I \ I ( I I I i 3 1 5 i ---I).. -z--& 7 4-4 ,PC- c rrrr’.r& ~-~cc.c-c-c---------”-‘ -e - * 0 a POUCY NO - EFFECTIVE DATE: AUGUST 1, PLANNING DEPARTMENT ADMINISTRATIVE POLICY UNDERGROUND PARKING: The following administrative policy shall become effective August 1, 1991. How shall only apply to applications received or deemed complete on or after the e date. Additionally, it shall apply to previously approved projects that seek an amer if the application for said amendment is submitted or deemed complete on or fo the effective date of this policy, Section 21.04.370 of the Definitions chapter of the Zoning Ordinance 1 "underground parking" as being located completely or partially underground wh finished floor of the parking area is below existing grade. The intent was to enc underground parking by not counting it as a "story" and excluding the distance existing grade from building height calculations. Since the part of the under parking definition which states "...or partially underground.." is not quantified, a IC exists whereby a parking area's finished floor could be minimally below existin( and not count as a story. Therefore, application of this definition is clarified by thi as follows: + For an underground parking area to goJ count as a story, it must aisc qualify as a basement. In this case, usable living area would also bc allowed within the underground parking area, and building height would bc measured from existing grade as described in Section 21.04.065. If an underground parking area does not qualify as a basement, it will bc counted as a story, whether there is useable living area or not. In this cas( building height will be measured from the more restrictive finished floor a described in Section 21.04.065. e Apzyiii!i& r )CkAEI(J. HOLZ Planning Director fiM PA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0R:DINANCE NO. fls-/f? O@4 0 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN EMERGENCY MEASURE PROHIBITING THE APPROVAL OF 3 STORY-35 FT. RESIDENTIAL STRUCTURES IN THE R-1-15,000 AREAS NORTH OF AGUA HEDIONDA LAGOON PENDING CONSIDERATION OF A ZONE CODE AMENDMENT TO ELIMINATE 3 STORY STRUCTURES IN THE R-lt-15,000 ZONE. WHEREAS, on October 8, 1991, the City Council a] a Zone Code Amendment modifying the building height requi: in the City; and WHEREAS, the Zone Code Amendment restricted strl on single family lots with less than 15,000 sq.ft., and R-1. zoning to 2 stories and 30 ft., in height; and WHEREAS, there are single family properties nc Agua Hedionda Lagoon which are zoned R-1-15,000 and have sq.ft., of lot area and, therefore, would not be restrict1 stories and 30 ft., and would be allowed to have 3 story, structures; and WHEREAS, a petition was submitted to the City Cou October 8, 1991 requesting that the R-1-15,000 zoned area of Agua Hedionda Lagoon not be allowed to have str exceeding 30 ft., and 2 stories; and 2o 21 22 23 24 25 26 27 28 I WHEREAS, the City Council directed staff to addre 1 issue and return with a report recommending additional restrictions for this area: and WHEREAS, staff has recommended processing an add amendment to the building height restrictions so that t 15,000 zones Citywide, including the affected areas north Hedionda, will not be allowed to have structures exceeding and 2 stories; and 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 e 0 WHEREAS, this amendment could take 3-5 months to ] and hold the required public hearings at the Planning Comi and City Council; and WHEREAS, during the interim, single family deve projects could be proposed in the affected areas north ( Hedionda Lagoon with structures exceeding 30 ft., and 2 s and WHEREAS, these projects may be in conflict w. building height amendment consideration and adversely aff outcome: and WHEREAS, these projects could be disrupti incompatible with the neighborhoods in which they are pr and WHEREAS, these projects could be built at an in that would adversely impact the health and safety of the c residing in the neighborhoods: and WHEREAS, structures built at 3 stories and 35 ft. impact public views of Agua Hedionda Lagoon thereby ad affecting the general public; and WHEREAS, the City intends to study the impac story, 35 ft. residential structures in the R-1-15,000 z particularly in the R-1-15,000 areas north of Agua E Lagoon: and WHEREAS, allowing structures in the area north Hedionda Lagoon to exceed 2 stories and 30 ft., while thc is being studied could prejudice the study and be in confl the Zone Code Amendment being considered; and 2 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 e e WHEREAS, the City Council has determined for the r stated above, that a:tlowing 3 story, 35 ft., high resid structures in the R-1-15,000 zoned areas north of Agua HE Lagoon while the Zone Code Amendment is being studit considered represents a current and immediate threat to the health, safety and welfare; and WHEREAS, this ordinance is adopted pursua Government Code Section 65858 (a) allowing the adoption c urgency ordinances by a four-fifths vote of its legislati\ and prohibiting any uses which may be in conflict with a proposal which the City is considering or studying; and WHEREAS, it is the intent of the City Council to this interim ordinance for 10 months and 15 days or until tl Code Amendment is considered and acted upon following a not. public hearing prior to the expiration of 45 days fr adoption of this ordinance. NOW, THEREFORE, the City Council of the C Carlsbad, California, does ordain as follows: SECTION 1: That the above recitations are tr correct. I SECTION 2: No building permit application sh approved in the R-1-15,000 zoned areas north of Agua HE Lagoon as shown on the attached Exhibit ttA1t map whe: structures would exceed 2 stories and 30 ft. Any building application for a structure in these areas which is 30 f less, and does not exceed 2 stories may be approved. ... 3 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 e 0 SECTION 3: On or before 45 days following the adopti of this ordinance, the City Council shall hold a public hear consider extending this ordinance for 10 months and 15 day any additional one year extension or until the Zone Code Arne is considered and acted upon, whichever is the lesser time 1 The City Clerk is directed to notice the hearings as requi Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is declared to be an emergency ordinance adopted as an L measure to protect the public health, safety and welfare an( take effect immediately upon its adoption. The facts consti the emergency are set forth above and represent a curre immediate threat to the public health, safety or welfare. EFFECTIVE: This ordinance shall be efl immediately upon passage and shall be of no further for effect after 45 days of the date of its adoption unless e: by the City Council pursuant to Section 3. At least ten days prior to the expiration c interim ordinance, or any extension the City Council shal a written report describing the measures it has taken to a1 the conditions which led to the adoption of this ordinanc City Clerk of the City of Carlsbad shall certify to the a of this ordinance and cause it to be published once Carlsbad Journal within 15 days after its adoption. ... ... ... 4 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 e 0 INTRODUCED, PASSED AND ADOPTED at a regular mee the Carlsbad City Council on the day 19 , and thereafter AYES: NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, JR., City Attorney CLAUDE’A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk I 5 e 0 R-1-15 ZONES AFFECTED BY EMERGENCY ORDINANCE EXHIBIT ‘‘A” @f----2-- -2 1 &p 0 N[ R€~~~~~~ I ;J, Q3& La @.3&&4P& : s-&* I &LL&x-&-m L2Fynb.L :Jy-- d?-sL" plAAJLv-.L ;&9.-L I LPww-L= &?,<f I- .- i %X-3cJ~.UX GQL n--)ud 32- 1- hg-yln Y o*uw~g-~-L&bt+ m--+wu i-, /L--- >."XA2S x- J.las+u& I !*xi$!i$!Lh um/iA.$Lxh ;&2L L x. &dJ3t-A PLJFX- 5 %k---& fi-/Y lSL%YC\- I w+~-h~~~~*~LL~- )& 0 A 9beJYfl-L- I i- &-Q--. Qh&/G+ %- LL-) l,&*+L&+y ' XiA.Ly4Gy-L *s-- fl-. RAL& ~+Xs!ifiJ&- l& W2-L &b & I' -4 P+-=x- b..-d- \o j AfJ4.L- 1k iG I &UT' I b49-A / LL & e2cb4-2 bAA-- k-.? ;+.+&& 0- -xLL 6Lib-L ~.xIfiLP>- 9.4- a h&J 3T { '3A4G3.L "c- 161 d iI I m- -0 47 3ch.h- Pk&%. L27 , ~ ~ &bL% WLL,, ,L 'T.L& I Pwi3.- '9c^, hw4-*T**u43/q-* j fi&jJ+Ad# j Lp-&/ e cy 'k3&y,-m3 bAJ%W2V, & %Jr, WaA jLta5-5 Lp2-3tA.r& *\+ w - 1' ;tn,*~aoc;G h i /- * -3-w-, -hbALdk My hr 4 -h&=- W&%L C.nr A. L<+.PJ %Cln-L..Xt- .AL&JSX- v4.du49P-d f8 I vTL-2hJ-P- \ - rJ.+.--x, rT pfh-L,S L%& 3L tW&tb%-30 & &.4J&hJ&A /?X? -3y 67 I w e w u34423#9 ]Ip l 0 a M~florie fiwurd-jones @ 4823 .%goy ~une Curk6ad, Cdijornia 92008 e (619) 729-21 /;-, - r,.v 't 3 J I Thursday, January 2, 1992 To: Members of the Carlsbad City Council From: Marge Howard-Jones Subject: Proposed residential height limitations in the north1 quadrant Dear friends, I am writing in support of this proposal, which seems straightforward solution to the problem of oversized struct long established neighborhoods. I congratulate you and the Department for responding so directly to the many concerns e on this issue. The proposed moratorium will also provide i remedy to this dilemma. I urge you to approve both proposals. Best regards, LJLL! p \ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 0 ORDINANCE NO. NS-189 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN EMERGENCY MEASURE PROHIBITING THE APPROVAL OF 3 STORY-35 FT. RESIDENTIAL STRUCTURES IN THE R-1-15,000 AREAS NORTH OF AGUA HEDIONDA LAGOON PENDING CONSIDERATION OF A ZONE CODE AMENDMENT TO ELIMINATE 3 STORY STRUCTURES IN THE R-1-15.000 ZONE. WHEREAS, on October 8, 1991, the City Council aF a Zone Code Amendment modifying the building height requir in the City; and WHEREAS, the Zone Code Amendment restricted strL on single family lots with less than 15,000 sq.ft., and R-l- zoning to 2 stories and 30 ft., in height; and WHEREAS, there are single family properties no Agua Hedionda Lagoon which are zoned R-1-15,000 and have 'sq.ft., I of lot area and, therefore, would not be restrict6 stories and 30 ft., and would be allowed to have 3 story, : Structures; and WHEREAS, a petition was submitted to the City Coui October 8, 1991 requesting that the R-1-15,000 zoned area: I of Agua Hedionda Lagoon not be allowed to have stri exceeding :IO ft., and 2 stories; and ,I ~ WHEREAS, the City Council directed staff to addre issue and return with a report recommending additional I 'Irestrictions for this area; and 25 'amendment to the building height restrictions so that tt 115,000 zones Citywide, including the affected areas north 1 I I e ll 2i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 0 WHEREAS, this amendment could take 3-5 months to p and hold the required public hearings at the Planning Comm and City Council; and WHEREAS, during the interim, single family devel projects could be proposed in the affected areas north o Hedionda Lagoon with structures exceeding 30 ft., and 2 st and WHEREAS, these projects may be in conflict wil building height amendment consideration and adversely affe outcome; and WHEREAS, these projects could be disruptiv incompatible with the neighborhoods in which they are prc and WHEREAS, these projects could be built at an int that would adversely impact the health and safety of the ci residing in the neighborhoods; and WHEREAS, structures built at 3 stories and 35 ft. impact public views of Agua Hedionda Lagoon thereby ad\ 20 WHEREAS, the City intends to study the impacl story, 35 ft. residential structures in the R-1-15,000 zc 22i 23 24 Lagoon; and WHEREAS, allowing structures in the area north ( Hedionda Lagoon to exceed 2 stories and 30 ft., while the 25 26 27 28 is being studied could prejudice the study and be in confli I I Ithe Zone Code Amendment being considered; and 2 I 1 1 2 3' 4 5 6 7 a 9 10 11 0 0 WHEREAS, the City Council has determined for the r stated above, that allowing 3 story, 35 ft., high resid structures in the R-1-15,000 zoned areas north of Agua He Lagoon while the Zone Code Amendment is being studic considered represents a current and immediate threat to the health, safety and welfare: and WHEREAS, this ordinance is adopted pursua Government Code Section 65858 (a) allowing the adoption c urgency ordinances by a four-fifths vote of its legislati1 and prohibiting any uses which may be in conflict with a proposal which the City is considering or studying; and 12 13 14 15 16 17 WHEREAS, it is the intent of the City Council to this interim ordinance for 10 months and 15 days or until tl Code Amendment is considered and acted upon following a not public hearing prior to the expiration of 45 days fr adoption of this ordinance. NOW, THEREFORE, the City Council of the C karlsbad, California, does ordain as follows: 19 2o 21 22 23 24 25 26 27 28 i 'correct. I SECTION 2: No building permit application SF lapproved in the R-1-15,000 zoned areas north of Agua Hc Lagoon as shown on the attached Exhibit "A" map whe structures would exceed 2 stories and 30 ft. Any building application for a structure in these areas which is 30 : less, and does not exceed 2 stories may be approved. ... 11 3 I 1 & 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 e e SECTION 3: On or before 45 days following the adoptj of this ordinance, the City Council shall hold a public heal consider extending this ordinance for 10 months and 15 da] any additional one year extension or until the Zone Code Amc is considered and acted upon, whichever is the lesser time 1 The City Clerk is directed to notice the hearings as requ: Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is declared to be an emergency ordinance adopted as an measure to protect the public health, safety and welfare an take effect immediately upon its adoption. The facts const the emergency are set forth above and represent a turn immediate threat to the public health, safety or welfare. EFFECTIVE: This ordinance shall be ef immediately upon passage and shall be of no further fo: effect after 45 days of the date of its adoption unless e by the City Council pursuant to Section 3. At least ten days prior to the expiration c interim ordinance, or any extension the City Council shal ~ 2o 21 22 23 24 25 26 a written report describing the measures it has taken to a1 I the conditions which led to the adoption of this ordinanc ICity Clerk of the City of Carlsbad shall certify to the a I lof this ordinance and cac-e it to be published once iCarlshad Journal within 15 days after its adoption. ' I ~ I... 27 28 I*.* ~ 4 1 1 2 3 4 5 6 8 9 7 10 11 12 13 0 e INTRODUCED, PASSED AND ADOPTED at a regular meei the Carlsbad City Council on the 7th day January 19 92 , and thereafter AYES: Council Members Lewis, Kulchin, Larson and Nygaz NOES: None ABSENT: None ABSTAIN: Council Member Stanton APPROVED AS TO FORM AND LEGALITY VINCENT ,L.Q.h. F. BIONDO, JR., C /’ 8. ?Ac. RONALD R. BALL, Acting City Att ATTEST: I.4 15 16 17 18 19 20 21 22 23 24 26 25 27 I .@UT@KRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk I ~ ~ I I I ~ 1 1 I I ;AB d /lj 5c L TITLE: REPORT TO CAY COUNCXL ON BUILDING HEIGHT ISSUES/CONSIDE~TI~N OF URGENCY ORDINANCE MTG. 1 - 3 -7& DEPT. PLN DE CI' CI - d Z '1 d " I 3 3 - - 4 - - 4 i x d -a 3 - - I 1 \ * .4 I 3 -4 m d z c 4 3 -1 - d J u - - 4 4 3 - - 9 -4 -1 I - 3 n II X 3 II 4 ?. 4. -3 iP 5- 31 ? 'n n \ \ 9 J 1 42 -4 1 * z I- o a 2 a 0 0 9 $ RECOMMENDED ACTION: ADOPT Resolution of Intention No 74% 7 initiating a Zone Code Amendment to limii heights in the R-1 zone and to further claw the definition of underground parking. ITEM EXPLANATION On October 8, 1991, the City Council considered and approved ZCA 91-3. The Co directed staff to consider various options to address the issue of structures exceeding stones near Agua Hedionda Laigoon. This issue was stated in the form of a signe presented to Council at the public hearing on October 8,1991. Staff's recommendation, the zoning ordinance to adjust tlhe threshold for dowing up to 35 feeU3 stones, from R to R-1-20,000 is described in detail in the attached memorandum to the City Manage: Planning Director. One additional issue that has surfaced since the approval of ZCA 91-3 is a loop h finished floor to be below existing grade is not quantified, a minimal difference me 1 would qualify the parking area to be exempt from being a "story". This can, in essen 3 story structures up to 30 feet with a parking area submerged 1 or 2 feet below exist requires that an "underground parking" area qualify as a "basement" in order to be t being considered a "storf. Staff recommends that the Council direct staff to initiate the amendment process to cow this policy and make the associated code amendments. The attached Resolution of Intention would initiate the Zone Code Amendment accomplish the two items discussed above and staff would recommend adoption of the There is one additional item which the City Council may wish to discuss and consider, story/35 foot residence may be proposed in the R-1-15 area north of Agua Hedionda the Council wants to prohibit this possibility while the Zone Code Amendment is being the appropriate procedure would be to adopt an emergency moratorium to prohibit the of any smcture over 30 feet/2 stones in the area under consideration until the Amendment is complete. If the City Council wishes to take this action, staff has PI appropxiate urgency ordinance which is attached. Approval of the ordinance woulc 4/5th affirmative vote of the City Council and must be based on a finding that allowing structures to exceed 30 feeV2 stones in the affected areas would pose a threat to health, safety and welfare. EXHIBITS 1. 2. 3. underground parking definition. Since the requirement for an underground park Therefore, staff has implemented a Planning Department Adminisaative Policy (attach processing of a Zone Code Amendment WIU take several months, there is the possibiL Memorandum to the City Manager dated December 6,1991 City Council Resolution of Intention No. 94- 3 Planning Department Administrative Policy No. 25 north of Agua Hedionda Lagoon. 4. Draft Ordinance placing a temporary moratorium on 3 story structures in the F I 11 I I 1 12 ~ 13 size of 20,000 square feet; and to change the definition underground parking. The Planning Director is directed to study said amendment 15! I PASSED, APPROVED AND ADOPTED at a regular meeting c 1 0 e DECEMBER 6,1991 '10: CITY MANAGER FROM: Planning Director PJ3777ON FOR AGUA HEDIONDA LAGOON hREA HEIGHT mCTIONS Staff has completed its review of the above-referenced petition presented to the City Cou October 8, 1991, dunng the public hearing for ZCA 91-3. The petition (copy attached) stai concern of single famdy dwellings exceeding 30 feeV2 stones and the desire to maintain ei neighborhood character. As allowed by ZCA 91-3 (approved by Council on October 8, 1991 15,OOO zones adjacent to Agua Hedionda Lagoon would allow up to 35 fOOt/3 story single residences on lots 15,OOO square feet or greater. Staffs recommendation to resolve the height issue as stated in the petition, is to adju threshold which would allow heights up to 35 feeV3 stones. By processing a City initiate( code amendment, the 35 foot/3 stozy threshold would be adjusted to 20,000 square feet frc currently allowed 15,OOO square feet. In this way, residential heights for applicable zones not exceed 30 feeV2 stories unless the subject property is located within a R-1-20 zone or I with a minimum lot size of 20,000 square feet. This would eliminate the potential for all zones Citywide to exceed 30 feet/2 stories. This zone code amendment process would I Planning Commission review a,d City Council approval and assodated public hearings. initiated, the whole process would take approximately 3-5 months. Several other options were thoroughly reviewed by staff to address the height issue prcsei the petition. These included: some type of zone change for affected zones, devclopme implementation of an overlay zone, complete elimination of a threshold to allow heights than 30 feeU2 stones and the addition of a new zoning symbol or designation. All of these ( have varying degrees of complexity and effectiveness. In addition, most would require a amount of time to research, develop and implement. Staff feels the recommendation to adj threshold to R-1-20 zones and 20,000 square foot lots would most adequately addms the cc raised by the petition, while maintaining consistency with the balance of the changes apprc ZCA 91-3 and minimizing the time required for approval/implementation. MICHAEL J. HOCZMILLER Planning- Attaches: .I Petition presented to Cky Council on October 8,1991 C: Community Development Director Assistant Planning Direuor e e POLICY NO - EFFECTNE DATE: AuGuS T lL PLANNING DEPARTMENT AUMlN ISTRATIVE POLlCY UNOERGROU NO PARKING: fhe followng administrative policy shall bemrno effsctivo Augua 1, 1991. How shall onty appk to applicatrans recerved dl dmd CamDtetr, M 01 after the e data. Additionally, it shall appb to prsvrOuSfy apprOvOd prOjWt9 thrt Sa& an m tf rho application for sad amondmerrt is subfnrtW 01 domod camploto on w fr the effectwe date of the policy. Section 21.04370 of the Mnrtions cfiaptw of the Zoning Oldinarm "underground parking" as hng located ~omplady OI pYtirlb unckrground Wi finished floor of tho parking area IS below em grlck. Tho intmt was to em underground puking by not countmg it 10 a "story" and oxduding tho distant exmng grad. from building helght calarWm$. sha tho pM of tho unde parking drfindbn which stat08 '...of pmw em..' b not w, a I 0x1- wtroreby a parking uods finidwd fioor could k mwrimrlly tnkw ~xlstin and not count a3a stocy. lhefofofa, applicathfl ofthkditbrl is- byth as folloHn: 4 For M undwgtwnd puhq arm to a cumt a 8 WI it - a allowod~ttlo~~pvkirro UU UldbUmQ m-1 qua@ aa a humant. in thk cam, lrrrklr livirrO - wou(d &o I m0-d from axmting gmdo aa - h p-rrim 21.04.683. If- - m W@8 - a qwyCy 10 8 - @w mW 8W,whrttmthWO b U8@8bh yVirrg (r-01- h ma + krpdno m VUQ k mu#w& from ma m. ramicuva lmhd - daumod in socm 21.os.odb. 3. +=-- a 0 ORDINANCE NO. NS-189 I /I 11 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING M EMERGENCY MEASURE PRQHZBLTING THE APPROVAL OF 3 STORY-35 FT. RESIDENTIAL STRUCTURES IN THE R-1-15,OOO AREAS NORTH OF AGUA HEDIONDA LAGOON PENDING CONSIDEMTION OF A ZONE CODE AMENDMENT TO ELIMINATE 3 STORY STRUCTURES IN THE R-1-15.000 ZONE. 11 I i WHEREAS, on October 8, 1991, the City Council i la Zone Code Amendment modifying the building height requ. 6 I' in the City; and 7 /I WHEREAS, the Zone Code Amendment restricted st1 I /ion single family lots with less than 15,000 sq.ft., and R-I 'zoning to 2 stories and 30 ft., in height; and 'I WHEREAS, there are single family properties r IOAgua Hedionda Lagoon which are zoned R-1-15,000 and haw 13 11 14 /I 15 /I 8/ 10 \I 11 " 12 I/ 9 11 1 lsq-ft., of lot area and, therefore, would not be restric ,'stories and 30 ft., and would be allowed to have 3 story, structures; and 16 11 'I WHEREAS, a petition was submitted to the City Cc October 8, 1991 requesting that the R-1-15,000 zoned are 18''of Aqua Hedionda Lagoon not be allowed to have st 19 17 I/ exceeding 30 ft., and 2 stories; and 20 /I WHEREAS, the City Council directed staff to addr issue and return with a report recommending additiona. restrictions for this area: and 22 I II 23 ii WHEREAS, staff has recommended processing an ad 'amendment to the building height restrictions so that' i15,OOO zones Citywide, including the affected areas nortl Hedionda, will not be allowed to have structures exceedin land 2 stories; and 24 I) 25 ij 27 I, 26 11 28 11 I I) 81 WHEREAS, these projects may be in conflict w: l2 I I 25/ 24 ~ 26 I WHEREAS, allowing structures in the area north Hedionda Lagoon to exceed 2 stories and 30 ft., while the is being studied could prejudice the study and be in confl the Zone Code Amendment being considered; and 23 I 24 I 25 26 I map w Any buildi 'application for a structure in these areas which is 3' structures would exceed 2 stories and 30 ft. less, and does not exceed 2 stories may be approved. i 71 I 81 Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is 10 I 11 I 12 I take effect immediately upon its adoption. The facts cons the emergency are set forth above and represent a cur 14 I ' 15 ' immediately upon passage and shall be of no further f 23 24 Carlsbad Journal within 15 days after its adoption. ... 1 26 27 28 I I ... ... 4 12 ~ I 131 I ATTEST: 161 I 17 j I MEN R. KUNDTZ, Assistant City Clerk 22 I 23 1' 24 i 25 26 I I 27 I 28 5 e e R-1-15 ZONES AFFECTED BY EMERGENCY ORDINANCE EXHIE31T "A" March 4, 1992 PLANNING COMMISSION Page 13 4) ZCA 91-8 - TIME LIMITATIONS FOR THE ADULT ENTERTAINMENT ',\ PERMIT REVIEW PROCESS - Regueet for recommendation Of approval for a Negative Declaration, and an amendment to Section 2L43.110 of Title 21 of the Carlebad Municipal Code to establish specific time limitations f$r the Adult Entertainment Permit review process and to,change references in the code to reflect staff tities currently in use. '. Robert Green, Prinmcipal Planner, reviewed the background of the request and stated that the proposed ZCA is to establish specific time\,limitations for the review of adult entertainment permits. conform with a recent Court of Appeal's decision. Staff recommends appro-1 based on the findings and conditions contained therein;\,with two alterations: of Page 3, Exhibit YX," should read 1992 instead of 1991; and (2) Finding X1 okx Resolution No. 3363 to eliminate the words "California Govkifnment Code. " Mr. Green stated that h wished to clear up any impresaion that this proposal must Act. law. However. the amendmen haa been atructured in such a way that it does happen to c ply with the Act. Comissioner Schlehuber inquir% if staff has received any public input on this item. Mr. reen replied that, to his knowledge, no input has been rece ved. Chairman Erwin opened the public -\ te imony and issued the There being no persons desiring to addr '/ 88 the Commission on invitation to speak. this topic, Chairman Erwin declared the ublic testimony closed and opened the item for discussion ong the Commission members. Motion wae duly made, seconded, and carried t adopt Planning Comission Resolution No. 3362 recom nding approval of the Negative Declaration issued by Planning Director, and adopt Planning Commission Resolution NO. 3363 recommending approval of ZCAa-8, based on the finding6 and subject to the conditions\ contained therein, including the date changes on pag of Exhibit "X" and the change to Finding #1 of Resolgon NO. 3363 to delete the words "the California Govetnmen&,Code and". '\ 7) Za 92-1 - CITY OF CARLSBAD.- Amendments to various '\ chapters and sections of the Zoning Ordinance to allow for (1) the adjustment of the threshold to allow the single family and duplex building height limit to be 35 feet/3 stories, (2) clarification of the underground parking definition, and (3) clarification of the allowed protrusions above height limits. The amendment is necessary to (1) Lines 7 and 10 mply with the Permit Streamlining omply with this portion of the It doe8 not have to T \ \\ 'f, k e Eric Munoz, Associate Planner, reviewed the background of the request and stated that the proposed ZCA has three components, i.e. (1) adjustment of the threshold to exceed the 30' single store height limit, (2) clarification of the underground parking definition, and (3) allowed protrusions above height limits. * Adjustment of the Threehold - In order to exceed the single family height limit of 30 ft/2 stories, a property must currently have a minimum 15,000 s.f. lot size and have a R-1-15 minimum zoning. Resolution of Intention COMMISSIONER Erwin Hall Holmes Noble Savary schlehut schranml 4 0 MINUTR \ COMMISSIONEF March 4, 1992 PLANNING COMMISSION Page 14 92-7 and Urgency Ordinance NS-189 was passed on January 7, 1992 by the City Council to increase this threshold to a 20,000 s.f. minimum lot size and R-1-20 minimum zoning. Therefore, in order to construct a 35 ft.13 story dwelling, the lot size must be at least 20,000 s.f. within a R-1-20 minimum zone and will apply Citywide. * Underground Parking - Presently underground parking may be recessed 1-2 ft. below existing grade and does not qualify as a story. This proposed ZCA would require an underground parking area to qualify as a basement, which would require it to be submerged for a minimum of 50% of the perimeter and not be considered a story. usable living area will also be allowed in underground In addition, parking areas and/or basement-. - Allowed Protrusions above Height Limits - Section 21.46.020 of the Zoning Ordinance was designed to allow for necessary roof top equipment associated with commercial and industrial uses. The proposed ZCA clarifies the intent and prohibits usesble floor area above a 45' height limit for non-residential bxildings with three levels. The only method to exceed 45' would be with a Specific Plan. Mr. Munoz concluded his presentation by stating that staff memo dated March 4, 1992 includes several administrative revisions to the ordinance by the City Attorney's office which supersedes the Exhibit "A" contained in the staff report. Staff recommends approval of ZCA 92-1. Commissioner Holmes inquired if staff would consider changing the undmerground parking requirement from four ft. and six ft. to one-third and two-thirds. Mr. Munoz replied that the basement definition states that there must be more distance from the floor to the existing grade than from existing grade to the baeement ceiling, i.e 518 would be the minimum distance from floor to existing grade. Commissioner Hall inquired if an elevator can still be installed within the 45' height requirement. Robert Green, Principal Planner, replied that 45' would accommodate a hydraulic elevator which is the most commonly used elevator. Chairman Erwin inquired why it is necessary to define underground parking as a basement. Mr. Munoz replied that it is the way the underground parking definition evolved. Previously, there was no definition for underground parking and then there was the question of whether a basement could have useable living area. staff felt that it would be better to reference existing definitions. Chairman Erwin requested staff to elaborate on the useable living area allowed in underground parking. Mr. Munoz replied that useable living area would include such things as a laundry room which is why the reference to usable living area was deleted from the underground parking and basement definitions. Chairman Erwin inquired if this means that something that was originally included in an underground parking area could be converted to useable living space. Mr. Munoz replied that if parking spaces were going to be eliminated, they would have to be made up somewhere else; and that type of project would likely involve discretionary review and approval. MINUTE 9 COMMISSIC March 4, 1992 PLA” ING COMMISSION Page 15 Chairman Erwin opened the public testimony and issued the invitation to epealc. Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, suite 120, Carlabad, addressed the Commiseion and stated that he did not see whether or not the R-E (Residential Estate) Zone near the Tootsie-K Ranch was cited when staff was describing the zones which might contain homes on lots in excess of 20,000 s.f. Mr. Munoz replied that the R-E Zone was included because it does not allow a 35’ height limit. Mr. Howes stated that he generally agrees with the changes being made to the Zone Code; however, he does think that wording should be added to the non-residential zones which restricts parapet and fire walls to a maximum of 45‘. Also, he does not think that the height limit should apply to architectural towers or flagpoles which do not provide additional floor area. He believes that towers and flagpoles provide architectural interest to a building and are considered to be elements of good design. The way the ZCA is currently worded, there would be no way to approve a tower or flagpole in the Office or Commercial-Tourist zones. The other zones allow buildinga in excess of 45’ upon approval of a Specific Plan, but the way the proposed ZCA is written, it doesn’t allow for protrusions to exceed the 45’ receiving a complaint about a steeple or cross on a local church and they are often higher than 45’. There is no limit to the height of architectural features in residential zones. But if a church were to be located in an office or industrial zone, they would be restricted to the 45’ height limit. If the Commission agrees in principle, Mr. Howes would like to see the section dealing with protrusions continued to another meeting so that the details of hia recommendation could be worked out. He is almost certain that representatives of the architectural and development community would be willing to work with staff on the matter. Comisaioner Schlehuber stated that churches would only be allowed in an industrial zone by CUP and then only on an interim basis. However, as examples, he cited the tower at the Volvo dealership and the windmill at Pea Soup Andersens, both of which are higher than 45’. Mr. Munoz replied that the existing windmill is considered an architectural tower and could not be built under the proposed ZCA. flagpole8 would have a height limit of 45‘ as well. Mr. height limit for any reaaon. He does not recall ever Aleo, Munoz also noted that the existing architectural tower at Plaza Paeeo Real is 46’ high. Cormniseioner Schlehuber believes that Mr. Howes has made a valid point. The windmill at Pea Soup Andersens is considered to be a landmark. He could accept having staff recon8ider the wording and bring it back at another meeting. There might be times when exceptiona should be made for architectural design. Mr. Green replied that staff is comfortable with the wording that is currently proposed. He feels there are other sections in the code to allow for consideration of a design feature that is higher than 45‘ via a Specific Plan. He feels that the biggest concern should be the overall mass of large buildings in the industrial zones. An attempt to reword the ZCR might open the door to increased height of the overall mass. Commissioner Schlehuber inquired if it could be worded in such a way that an applicant would have the option to come before the Planning Commission. Mr. Green replied that an applicant already has that ability via the Specific Plan in some locations. Commissioner Holmes thinks that the term non-habitable space could be placed i:n the code to allow an applicant the right to add an architectural feature if it belongs, i.e. Tudor architecture, etc. He believes that the applicant should have the opportunity to convince the Commission that it is a desirable feature and adds to the cham and ambiance Of the bu i 1 ding. Mr. Munoz replied that staff has been trying to work with scale of intensity. When height is limited so is intensity. Cmiseioner Hall inquired if he can exceed the 45' height limit with a Specific Plan. currently not possible with a Site Development Plan or Planned Unit Devalopnent; only with a Specific Plan. Cmiseioner Hall inquired if he wanted to go above 45' would he need a Specific Plan for a single building. Mr. Munoz replied that it is not possible to do a Specific Plan for a eingle building. In that case it would need a variance, which would not be granted since the required findings could not be made. Commissioner Hall feels that if we put up too many obstacles, an applicant will just make a square, ugly building. We wouldn't be giving them the opportunity to make a nice looking building. Mr. Green replied that on large lots where Specific Plane may be considered, there is an opportunity to go above the height limit. Staff has already had requeets under the guise of screening roof equipaent but which really have consisted of building roofs. In effect, this makes the building appear more massive. Mike Howee, Hofman Planning Associates, stated that the way the ordinance ie currently written it would not be pos6lbl8 to apply for a Specific Plan in some zones in order to exceed the height limit, i.e the C-T or 0 Zonae. ne euggests wording that would allow a Site Developaent Plan to exceed the height limit but it would have to be approved by the Planning Commission. Conuniseionet Schlehuber inquired if the wording could be changed to allow for some unusual architectural feature but not mechanical screening. That way the Planning Comiseion can make the determination as to whether the architectural feature is unusual. A roof would not be considered an unusual architectural feature but a tower might qualify. There being no other persons desiring to addrese the Commission on this topic, Chairman Erwin declared the public testimony closed and opened the item for discussion among the Conmission members. Comiseioner Erwin stated that the height limit was juet recently raised from 35' to 45' which is a 28% vertical increase. The reason to keep the height down is to preserve building heights. we are losing the nature beauty. He is Fn favor of keeping the height limit at 45'. Commissioner Schramrn thinks the Commission should go with the staff recommendation as long as there are areas which Mr. Munoz replied that it 19 the nature beauty of the area, Ae we continue to increase MIN UTEP 0 can exceed the 45'. She thinks it should have a chance to work before it gets changed. Commissioner Noble understands the need to have a height limit and stick with it. He also likes architectural freedom to avoid boxy looking construction. He thinks we should give the proposed ZCA a chance to work because it is almost impseible to cover every single exception. Comiesioner Savary thinks we should stick to the staff recommendation ae long as an applicant still has a right of appeal. Commissioner Holmes commented that large lots can carry a bigger building. He would like the option for architectural design in non-habitable space. It might make the difference between an outstanding building and an ordinary building. He sees no problem with a 45' building and a 48' clock tower. He thinks the Commission should have the opportunity to approve an architectural feature if it is non-habitable space. Commissioner Schlehuber stated that we should not kid ourselves-it is impossible to get a variance. Furthermore, you would never win an appeal. He cannot support the wording the way it is written. Cmissioner Hall agrees with Commissioner Schlehuber. It takes the full 45' to build a building. In order to make a building unique, he thinks the Planning Commission should have the opportunity to approve eamething interesting. He cited the Mormon Temple in San Diego and stated that it is at the other end of the pendulum. Commissioner Schramm stated that if we based the height on square footage, we could allow a tower. She inquired if the code could be worded some way to base the height limitation on the square footage. Gary Wayne, Assistant Planning Director, replied that the Commission should reconsider the intent of the height limitation. Staff was merely trying to clean up the code and avoid loopholes. A building can be built in 41'; the maximum has been set at 45' in order to allow €or architectural design. If the Commission wants the ability to have the deeign exceed 45', they should recommend a higher limit or do it through some kind of discretionary permit. He suggests keeping the code the way it is. Commissioner Schramm stated that if the height limit is 45' an applicant could still build a tower with a shorter building. Comiesioner Sehlehuber thinks the City Council will make the decieion. His only concern is to allow for an unusual architectural feature. The code could easily be worded that way. Comissioner Hall stated that a 41' building is merely a scenario. He thinks that at least a 3-4' leeway is needed for a worst case situation. Chairman Erwin inquired again whether a etructure could go higher than 45'. Mr. Munoz replied that for the six zone6 involved (M, M, PM, 0, CT,C2 Zones), it would only be possible with a Specific Plan and a Specific Plan is not always applicable. March 4, 1992 PLANNING COMMISSION Page 18 Commissioner Schlehuber stated that it is very costly to apply for'a Specific Plan. Specific Plan would only apply to certain zones. If it was worded to allow for a SDP, the application would have to go to the Planning Commission and the City Council. ComiaBioner Schlehuber would like staff to offer some examples to see if that is reasonable. Mr. Munoz replied that a RECESS The Planning Commission recessed at 8:55 p.m. and reconvened at 8:59 p.m. Commissioner Holmes would like to see the code worded in such a way as to encourage good design. Mr. Green doesn't believe that increasing the height will encourage good design. Karen Hfrata, Deputy City Attorney, commented that the ZCA should either be continued or go forward to the City Council. The resolution could state that certain items are recommended and other things need further study. Otherwise, another public hearing will be needed. she thinks it needs to be kept together. Commissioner Schlehuber stated that the major concern is really with the portion of the ZCA that applies to residential because the urgency ordinance will Boon expire. He doesn't think the rueh is needed on the industrial portion. Ma. Hirata replied that if the ZCA is broken up, staff will need to begin the whole public hearing procees over again. Commissioner Schlehuber doesn't want to hold up the first two parts of the ZCA because they need to be taken care of as soon as possible. Ms. Hirata commented that if it goes forward, there could be two separate resolutions. The second resolution could etate that the wording on the protrusions portion needs further study. Motion was duly made, seconded, and carried to adopt Resolution No. 3347 recommending approval of the ZCA 92-1, based on the findings contained therein, with the following changes: (1) striking "and eubject to the following findings" in paragraph B), page 1, of the resolution; (2) striking in its entirety paragraph 4, page 2, of'the resolution which pertains to protrueions above height limits; and (3) striking subparagraph (d) to Sectione 21.27.050, 21.28.030, 21.29.060, 21.30.030, 21.32.050, and 21.34.070 on pages 4 through 6 of the proposed ordinance which pertains to protrusions above height limits. Motion was duly made, seconded, and carried to send to the City Council those issues in ZCA 92-1 dealing with protrusions above the 45' height limit but with the recommendation that the City Council return those items to staff for further study to see if, in those instances where a Specific Plan cannot be obtained, whether an applicant could bring to the non-habitable space that exceeds the 45' height limit. Chairman Erwin requested that the record show he voted no On both motions because he wants to keep the ZCA together and retain the maximum height limit of 45' to preserve the ?laming Commiseion an unusual architectural design within COMMISSIONEP Erwin Hall Holmer Noble savar: Schlel schra Erwin Hall HO lmc Noblc savai Schlc Schri MINUTE 3 a \ March 4, 1992 PLANNING COMMISSION Page 19 COMMISSIONEF natural beauty of the area and since the height limit was recently increased by 10'. Commissioner Schrm voted no on the latter motion because the 45' height limitation was only to accommodate modern building architecture and this allowe an applicant to have a standard building height. ADJOURNMENT : Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARB ALSO TAPED AND KEPT ON FlLE UNTIL THE MINUTES ARE APPROVED. 0 e NOTICE OF PUBLIC HEARING ZCA 92-1 BUILDING HEIGHT AND UNDERGROUND PARKING REVISlQNS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will I a public hearing at the City Council Chambers, 1200 Carlsbad Village Dt Carlsbad, California, at 6:OO P.M., on Tuesday, June 16, 1992, to cons amending various chapters and sections of the Zoning Ordinance to allow for the adjustment of the threshold to allow the single family and duplex builc height limit to be 35 feet/3 stories, (2) clarification of the undergri parking definition, and (3) clarification of the allowed protrusions above he limits. If you have any questions regarding this matter, please call Eric Munoz in Planning Department, at 438-1161, ext. 4441. If you challenge the Zone Code Amendment in court, you may be limited to rai only those issues raised by you or someone else at the public hearing descr in this notice, or in written correspondence delivered to the City of Carl City Clerk's Office at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH : June 4, 1992 CARLSBAD CITY COUNCIL $<PLEASE NOTE : CITY COUNCIL CONTINUED THIS MATTER UNTIL JULY 14, 1992 - 0 e NOTICE OF PUBLIC HEARING ZGA 92-1 BUILDING HEIGHT AND UNDERGROUND PARKING REVISIONS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will I a public hearing at the City Council Chambers, 1200 Carlsbad Village Di Carlsbad, California, at 6:OO P.M., on Tuesday, June 16, 1992, to cons. amending various chapters and sections of the Zoning Ordinance to allow for the adjustment of the threshold to allow the single family and duplex builc height limit to be 35 feet/3 stories, (2) clarification of the undergrc parking definition, and (3) clarification of the allowed protrusions above he limits. If you have any questions regarding this matter, please call Eric Munoz in P1 anning Department, at 438-1161 , ext. 4441. If you challenge the Zone Code Amendment in court, you may be limited to rai only those issues raised by you or someone else at the public hearing descr in this notice, or in written correspondence delivered to the City of Carl City Clerk’s Office at or prior to the public hearing. APPLICANT: City of Carl sbad PUBLISH: June 4, 1992 CARLSBAD CITY COUNCIL * Q SARXARIA DAUIT SbtELAINE GREGORY CHARLES L&DIANA L WEYAND THOMAS P 0 BOX 5986 P 0 BOX 1668 4105 HIGHLAND ORANGE CA 92613 OCEANSIDE CA 92051 CARLSBAD CA 92 BROOKS MICHAEL R SULLIVAN BRIAN S VANDEVELDE REV 4115 HIGHLAND DR 3480 DON LORENZO 1250 HOOVER ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 YAMANAKA MARK KObJERIANN BLACKBURN ROBERT S&ENNESS YAMANAKA MARK 4221 ISLE DR 1240 HOOVER ST 4221 ISLE DR CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 DETRICH ROBERT E&MICHELLE BLACKBURN ROBERT S&E ELAI KATICH SALLY I: 1230 HOOVER ST 1240 HOOVER ST 4179 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 BROOKS RICHARD L&SUSANNA SULLIVAN BRIAN S VANDEVELDE RET( 1270 HOOVER ST 3480 DON LORENZO 1250 HOOVER S'I CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 PAHL BRUCE A&LAURA J KING JAMES W&PATRICIA J T HUTFLESZ FREDF 2635 HIGHLAND DR 4156 HIGHLAND DR 4158 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; ROBINSON FLOYD E&ESTHER M PACKER DAVID A&KALORA G EGDAHL JOHN Et 4178 HIGHLAND DR 4205 HILLSIDE DR 4208 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; ROGERS BOYD&G OTHETA TRS LUNDELIUS DAISY F FITZPA'TRICK,AI 4228 HIGHLAND DR 4245 HILLSIDE DR 4246 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; MARTIN JOSEPH J&MARIETTA SHLEMMER RICHARD L&JOANNE HILTON FRED A 4265 HILLSIDE DR 4264 HIGHLAND DR 4280 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; (I) e HART JOE T&NANCY L PERRY LILLIAN SARKARIA DALJI 4290 HIGHLAND DR 4269 HILLSIDE DR P 0 BOX 5996 CARLSBAD CA 92008 CARLSBAD CA 92008 ORANGE CA 9266 OLSEN BROOK D&KATHLEEN E RUSING GREGORY L&ROXA"E MC FARLAND ROB 4320 BROOKS WAY 4310 BROOKS WAY 4300 BROOKS WA CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 MELLGREN LEONARD P MELLGREN LEONARD P MELLGREN LEON2 C/O PLM ENTERPRISES C/O PLM ENTERPRISES C/O PLM ENTERI P 0 BOX 4512 P 0 BOX 4512 P 0 BOX 4512 CARLSBAD CA 92018 CARLSBAD CA 92018 CARLSBAD CA 9; MELLGREN LEONARD P MCCARVER TRUST I 09-20-90 SARKARIA DAW1 C/O PLM ENTERPRISES 1756 DORA DR P 0 BOX 5986 P 0 BOX 4512 CARDIFF CA 92007 ORANGE CA 9261 CARLSBAD CA 92018 SARKARIA DALJIT S&ELAINE SARKARIA DALSIT S&ELAINE SARKARIA DALJI P 0 BOX 5986 P 0 BOX 5986 P 0 BOX 5986 ORANGE CA 92613 ORANGE CA 92613 ORANGE CA 9261 SARKARIA DALJIT S&ELAINE COXON ADELE M SCHRODER JOHN P 0 BOX 5986 1275 HOOVER ST 1255 HOOVER S' ORANGE CA 92613 CARLSBAD CA 92008 CARLSBAD CA 9 ACKERMAN ALTA 1990 TRUST UHLINGER ROBERT F&ELEANOR HUFFMAN WILLI, 3320 HIGHLAND DR 4301 HIGHLAND DR 4315 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 GWYNN HELEN L TR (DCSD) FERNANDEZ VICTORIA MUNOZ TRENO&S C/O CONSTANCE STEVENS P 0 BOX 305 4379 HIGHLANC 2001 CANYON DRIVE CARDIFF CA 92007 CARLSBAD CA 9 FULLERTON CA 92633 KENNEDY JOE N&BEVERLY STADNYK SHELDON G&PATRICI LEE E ALTON I 4368 ADAMS ST 4407 HIGHLAND DR 4380 ADAMS ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 0 PORTER MARK C&ROSE S CONNELLY JAMES F GALLAGHER J A 4347 HIGHLAND DR 4343 HIGHLAND DR 1165 HOOVER ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 MULGREW DAVID B HAYES CHARLES L&RUTH F MOFFATT P J FA 11614 MC BEAN DRIVE 4421 HIGHLAND DR 4425 HIGHLAND EL MONTE CA 91732 CARLSBAD CA 92008 CARLSBAD CA 92 BOYCE IDA E CLARK BARRY C TR KILPATRICX XEN 9255 IMPERIAL HIGHWAY 1125 IHOOVER ST 4435 HIGHLAND P 0 BOX 39 CARLSBAD CA 92008 CARLSBAD CA 92 DOWNEY CA 90241 ISH11 TAKESHI&REIKO SMITH JAY LAWRENCE&GERALD LOW LIVING TRI. 4445 HIGHLAND DR 4465 HIGHLAND DR 2785 DENTRO DE CARLSBAD CA 92008 CARLSBAD CA 92008 VISTA CA 92084 BARCLAY MARGARET F EDELSTEIN L M&FAY I CURTIN JOHN M6 1129 ESCONDIDO AVE 847 MUIRLANDS VISTA WAY 4283 HIGHLAND VISTA CA 92083 LA JOLLA CA 92037 CARLSBAD CA 9; CAPPS KENNETH P&KATIEJEAN DOMINGUEZ EDMOND W SALVATIERRA CE 1175 HOOVER ST 4378 ADAMS ST 4374 ADAMS ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; RAW1 AL FAMILY TRUST (09- MUNOZ TRENO&SHIRLEY C STANTON MARGAI 1000 WHITEBOOK DR 4379 HIGHLAND DR 4407 HIGHLAND LA HABRA CA 90631 CARLSBAD CA 92008 CARLSBAD CA 9; STADNYK SHELDON G&PATRICI MOORE EDWARD C&MARY L GAITAUD RENEE 4403 HIGHLAND DR 4339 PARK DR 149 WALNUT AVI CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9: B W LIVING TRUST 08-10-88 FLAIG JOSEPH L TRUST 08-2 FJAERAN RAND1 2010 3RD ST #202 416 S OLIVE ST #555 P 0 BOX 1097 SANTA MONICA CA 90405 LOS ANGELES CA 90013 CARLSBAD CA 9; .% 0 0 FJAERAN RAND1 WATTS BRIAN J&MURIEL J DROOKS MORRIS P 0 BOX 1097 4440 HIGHLAND DR 1632 S ST MALO CARLSBAD CA 92018 CARLSBAD CA 92008 WEST COVINA CA SPECHT ROSINA C TR WALKER LILLIAN MCGILL FAMILY 4350 HIGHLAND DR 4350 HIGHLAND DR 4340 HIGHLAND CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 GUARDAMONDO SAM C OHERN RAYMOND RhELbISE M BROWN RAYMOND 4448 HIGHLAND DR 4444 HIGHLAND DR 4592 ADAMS ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; 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3821 ALDER AVE 3801 ALDER AVE 3812 ALDER AVI THOMPSON DAVID R&SHARON M STAPLEY JAY A&VELMA NAUGLER PHILLI 3940 ALDER AVE 3960 SUNNYHILL DR 4010 SUNNYHILI CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; RAMENOFSKY JAMES A&LAUREN VITTITOE TODD L&AUDREY M BOONE JAMES Df 4020 SUNNYHILL DR 3975 SKYLINE RD 3955 SKYLINE I CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; ONEIL RICHARD R&RUTH M ERGIM H S JOHNSON KENNE7 3935 SKYLINE RD 3925 SKYLINE RD 3915 SKYLINE : CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 PREST FLORENCE M CITY OF CARLSBAD HAGERTY WILLI. 3905 SKYLINE ROAD UNKNOWN ADDRESS 00000 4207 SUNNYHIL P 0 BOX 4303 CARLSBAD CA 9 CARLSBAD CA 92018 CORONA FRANK E&MARY K MERKLE GEORGE W&MARY A MAGUIRE JAMES 4213 SUNNYHILL DR 4225 SUNNYHILL DR 4233 SUNNYHIL CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 \' 0 0 QUACKENBUSH WILLIAM C DOUDY MELVIN L&MARILOU GONZALEZ ANGEL 4241 SUNNYHILL DR 4245 SUNNYHILL DR 4277 SUNNYHILL CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 GATZKE MICHAEL S&NANCY GRABOWSKY CHARLES W&NEDRA CARL1 ANGELO&A 4279 SUNNYHILL DR 4117 SUNNYHILL DR 4135 SUNNYHILI CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 BRIGGS LAND CORP BRIGGS DONALD A SR&LORRAI BRIGGS DONALD 4115 SUNNYHILL DR 4115 SUNNYHILL DR 4115 SUNNY HI1 CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 LITTLE MICHAEL J&MARCIE A HUBER ERIC L&NINA B CIMOLINO GERAI 4143 SUNNYHILL DR 4145 SUNNYHILL DR 1510 SUNRISE C CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9: WILSON THOMAS D&KATHLEEN PALMER STEPHAN J&SANDRA H GUNTER TIMOTH' 8733 FORT HUNT RD 4130 SUNNYHILL DR 4160 SUNNYHILI ALEXANDRIA VA 22308 CARLSBAD CA 92008 CARLSBAD CA 9; 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OCEANSIDE CA 92054 OLSON DONN C&KRISTIN B WINDRUM GEORGE&RITA TRS TAYLOR FAMILY 4220 CLEARVIEW DR 4230 CLEARVIEW DR 4240 CLEARVIE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 PANSKA DONALD A TR SHADDOW MARC SMITH LEONARD 4265 SKYLINE RD 4255 SKYLINE RD 4241 SKYLINE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 KIPPER SAMUEL L&RONA L SERWIN RICHARD L&HARLYNN LYTTLETON HUG 4225 SKYLINE RD 4205 SKYLINE RD 4210 SUNNYHIL CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 SCHMIDT ERIC&SUZANNE MCNULTY JERRY&SHIELLA CASTRO STEVEN 4220 SUNNYHILL DR 4240 SUNNYHILL DR 4252 SUNNYHII CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 5 WARTHEN AVRIL S GORSZWICK JOSEPH J61MARIE- WHIPPLE FAMIl 4260 SUNNYHILL DR 4245 CLEAR VIEW DR 4237 CLEARVII CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA ! 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KENT JOHN L&JACQUELINE S JOHNSON JULIA A DOOSE CAROL J 3920 HOLLY BRAE LN 3930 HOLLY BRAE LN 3940 HOLLY BRi CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9; KILIAN ROBERT J&JANE S GRISWOLD CRAIG R&ROBIN J CZAJKOWSKI RO 3950 HOLLY BRAE LN 3955 HOLLY BRAE LN 14848 RANCHO CARLSBAD CA 92008 CARLSBAD CA 92008 DEL MAR CA 92 CZAJKOWSKI ROBERT&BARBARA CZAJKOWSKI ROBERT&BARBARA NORRIS DAVID 14848 RANCHO REAL 14848 RANCHO REAL P 0 BOX 115 DEL MAR CA 92014 DEL MAR CA 92014 ENCINITAS CA CZAJKOWSKI ROBERT&BARBARA MCKENZIE DAVID L61JOHNSON- PHILLIPS JACC 14848 RANCHO REAL 4325 HILLSIDE DR 4095 SUNNYHII DEL MAR CA 92014 CARLSBAD CA 92008 CARLSBAD CA S PHILLIPS JACQUELINE S TOWLER CLIFTON M&LENORA P SCHLEHUBER C1 4095 SUNNYHILL DR 38551 LOCHENVAR CT 4085 SUNNYHII CARLSBAD CA 92008 MURRIETA CA 92362 CARLSBAD CA ! LEGER ROBERT L&MARY L TRS ROHDE RAPHAEL J&RIGNEY DO DICKERSON RI( 4087 SUNNYHILL DR 4620 PARK DR 4600 PARK DR CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9 0 0 ALVORD JAMES&VALERIE J SALISBURY SUSAN B CASTLE RONALD 4602 PARK DR 4510 PARK DR 4610 PARK DR CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 GRUENWALD FAMILY TRUST MITCHELL DON W6rSUSAN N GUNNARSON CHAF 1710 BRUCE RD 1720 BRUCE RD 1751 BRUCE RD CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92 DEN BOER HUIBERT&DERKINA MAC DlOUGALL DONNA H TR FILES GILBERT 1761 BRUCE RD 1741 BRUCE RD 1721 BRUCE ROj CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 9: ABULAFIA LEWIS HbPAULA K ASH ROBERTA J SHAH SARALA X 1731 BRUCE RD 1711 BRUCE RD 3941 CONRAD Dl CARLSBAD CA 92008 CARLSBAD CA 92008 SPRING VALLEY BUZA FAMILY TRUST 11-14-8 TOROBE COMMERCIAL INC MIHOLICH WILL 2728 CAZADERO DR C/O CITICORP BANK 2735 CAZADERO CARLSBAD CA 92009 P 0 BOX 5081 CARLSBAD CA 9 8022 ZURICH SWITZERLAND 0 BODJANAC STEVE&SAVETA DEMITER ERIKA CHEN WAN-YEU 2425 SACADA CIR #A P 0 BOX 3687 1518 ORANGE T, CARLSBAD CA 92009 RANCHO SANTA FE CA 92067 ENCINITAS CA CHANCE JAMES L&BEATRICE D CARLSBAD SECURITY INC BLISS WILLIAP 7723 CALLE MADERO 6986 EL CAMINO REAL #B-20 2720 ARGONAUl CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 5 MIRABELLA FAMILY TRUST 04 BANKS RONALD W&JO ANN BCE DEVELOPMI 2730 ARGONAUTA ST 2740 ARGONAUTA ST 33 SOUTH SIX: CARLSBAD CA 92009 CARLSBAD CA 92009 MINNEAPOLIS 1 WYNKOOP JOAN R TRUST BRADY JEANNE C MIKULES PAUL 2502 NAVARRA DR #225 2653 OBELISCO PL 7170 OBELISC CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA . . e 0 WITHERALL MARK D&MARY J JUDY SALLY A FIORITO MICHAE P 0 BOX 3109 7122 OBELISCO CIR 2656 OBELISCO CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 BRADY JEANNE C MISSKNELLI JOHN S&KIM E ABELES LOWELL 2653 OBELISCO PL 7211 N OBELISCO CIR 1800 NE 114TH CARLSBAD CA 92009 CARLSBAD CA 92009 NORTH MIAMI FL GRANT FAMILY TRUST 07-31- SHAPIRO HAROLD Y STAINBROOK TEI 7173 OBELISCO CIR 7165 OBELISCO CIR 7204 BABILONIl CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 9; GRANT JOHN H TR GANAM KEAN S TR HORNE GEORGE ? 7173 OBELISCO CIR 7220 BABILONIA ST 7224 BABILONI CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 9 KOYL DAVID&BILLIE FAMILY BASSI BRUNO&RITA EDWARDS GEORG 7230 BABILONIA ST 7238 BABILONIA ST 7233 BABILONI, CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 9 TU YAYU L DI CENSO ENNIO CAMPBELL BARR 13 SHELBURNE DR 7737 PRIMAVERA WAY 7 14 1 ARGONAUT HINSDALE IL 60521 CARLSBAD CA 92009 CARLSBAD CA 9 ROSTAN KURT&ANNA M KLEIN INTERVIVOS TRUST 08 HURT GREGORY 7149 ARGONAUTA WAY 7153 ARGONAUTA WAY 7 157 ARGONAUl CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA S SCHREIBER DALE L&DONNA E PIETZSCH FREDCDONNA BAUER FAMILY 7163 ARGONAUTA WAY 7164 ARGONAUTA WAY 7156 ARGONAU' CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA GALEY MICHAEL H&TRUDI A DALLENBACH PAMELA S HINRICHS TRU, 7146 ARGONAUTA WAY 7136 ARGONAUTA WAY 7127 BABILON CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA . e 0 SALGUEIRO JOSEPH AtLORRAI MARSH M LOU DORNBUSCH HOWAl 7135 BABILONIA WAY 4610 RANCHO REPOSO 21 FORDHAM ROAl CARLSBAD CA 92009 DEL MAR CA 92014 LIVINGSTON NJ STONE AVERY J&PATRICIA G KAMGAR FRED MA" DON H 150 N MICHIGAN AVE P 0 BOX 1296 7141 OBELISCO CHICAGO IL 60601 ESCONDIDO CA 92033 CARLSBAD CA 92 SAN MARCOS NATIONAL BANK CRAIG SIDNEY&JENNY FISHER ANTHON'I C/O LARRY OMALLEY 445 MARINE VIEW DR 2 6 6 3 CAZADERO 978 SAN MARCOS BLVD DEL MAR CA 92014 CARLSBAD CA 9; SAN MARCOS CA 92069 MANANTAN ALEJANDRO&LUDWIN SEIFERT GERHARD&LIESELOTT ACTIVE DEVELO: 2452 HAAS ST 8939 BAD-WERISHOFEN C/O TURALBA ESCONDIDO CA 92025 GRASSBERGWEG 8 WEST GERMA 15ACT TOWER 1 MAKATI MET MA1 HARIRI REVOCABLE FAMILY T FARR DONALD L&DIANA K KURITZ MARTIN 1922 BRIARGATE PL 5549 VIA CALLADO P 0 BOX 60069 ESCONDIDO CA 92029 LA JOLLA CA 92037 SAN DIEGO CA LICKHALTER DAVID I&ELLEN HAGEMAN THOMAS C&MARY C ALGEO ROBERT 2614 ARGONAUTA ST 2606 ARGONAUTA ST 2600 ARGONAUT CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 9 RIST A L&MARGARET E MITSUGI AMERICA CORP EDWARDS WALTE 7103 ARGONAUTA WAY 2300 RISING GLEN WAY 7119 ARGONAUq CARLSBAD CA 92009 CARLSBAD CA 92008 CARLSBAD CA C AMOS STUART R&JACQUELINE GOLUB MARK D BURTON STEVE? CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA ' 7125 ARGONAUTA WAY 7119 BABILONIA ST 2324 LA COST, SCHACTER ROBERT&BEVERLY PAYEUR MURIELLE C GREENBERG LE( 7103 BABILONIA ST 7117 OBELISCO CIR 2629 OBELISC( CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA ' 0 ab MC HENRY CARROLL&MARTHA BESENBRUCH GOTTFRIED E A DJOKICH MILANL 2637 OBELISCO PL 2612 LOMA VISTA DR 2640 OBELISCO I CARLSBAD CA 92009 ESCONDIDO CA 92025 CARLSBAD CA 92 JEVREMOV DUSHAN&MARIA MALEWICZ T J&MARY A TRS LENACK MAURICE 2632 OBELISCO PL 2624 OBELISCO PL 2618 OBELISCO CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 MAGNES DOLORES NI CHOLL MALCOLM J &MAGGIE MCCLURE MARK ( 7088 MANDARIN DR 2604 OBELISCO PL 7101 OBELISCO BOCA RATON FL 33433 CARLSBAD CA 92009 CARLSBAD CA 9; COSTA REAL MUNICIPAL WATE SAN DIEGO GAS&ELECTRIC CO UNKNOWN ADDRESS 00000 UNKNOWN ADDRESS 00000 - * . 0 0 0 (Form A) TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice - ZCA 92-1 (Amendment to Title 21 - Blds,Ht,/Undersround F for a public hearing before the City Council. I Please notice the item for the council meeting of Thank you. MARTY ORENYAK 4/24/ Assistant City Manager D< e e ”TiCE OF PUBLIC HEARING. s c A .io~rp- I ,L. L -L=l IS I-3EREB’r‘ GI’JEN that the Planning Commission of the City of Carlsbad wl k ?iibIic hearing a1 the Council Chambers, 1200 Carlsbad Village Drive, Ca CaXoinia, at 6:GO p.n. on Vv’ednesday, March 4, 1992, to consider a requt recoinrnendation of approval to amend various chapters and sections of the 1 OrAinance to allow fcr (1) the adjustnent of the threshold to allow the single fam 6qAex building height limit to be 35 feet/3 stories, (2) clarification of the under1 parking definition, aiid (3) clarification of the allowed protrusions above height li T~Gs~ persons wishing to speak on ;his proposal are cordially inviced to attend the Learhg. Copies of the staff repori will be available on and after February 26, 1992. h2ve any questions, $ease call Eric Munoz in the Planning Department at 438-11t -4q4-i. 1: jou challenge the Zme Code Pmendrilent in court, you may be limited to raisir tkose issues you or SGIXG~~ else raised at the public hearing described in this notic written correspondence delivered to the City of Carlsbad at or prior to the public h CASE FILE: ZCA 92-1 C:-S;E NAME: CITY OF CARLS13P.D pu7:is;q: FEBR‘JARY 2C, 3 992 Ci.??k7 SF CARLSEAD L” LhI’ ’ h :id G c OIvI~: i s SI 0 N .I .c # 0 * b Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Sun Diego Coun Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (61% 733-654t 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 e I am principal clerk of the printer of the Carlsbad Journal, a newspaper of gene] published weekly in the City of Carlsbad, County of San Diego, State of California, and wh: is published for the dissemination of locaI news and intelIigence of a genera1 charact newspaper at all times herein mentioned had and still has a bona fide subscription subscribers, and which newspaper has been established, printed and published at regular : said city of Oceanside, County of San Diego, State of California, for a period exceeding ( preceding the date of pub notice hereinafter referred t notice of which the annex6 copy, has been published i and entire issue of said new: REVISIONS in any supplement thereof ing dates, to-wit: ~ NOTICE OF PUBLIC HEi4RING BUILDING HEIGHT AND NOTICE IS HEREBY GIVEN that ZCA 92-1 UNDERGROUND PARKING thecity CounciloftheCityofCarls- bad will hold a public hearing at the City Council Chambers, 1200 , Carlsbad Village Drive, Carlsbad, June 16,1992, to consider amending various chapters and sections of the Zoning Ordinance to allow for (1) the adjustment of the threshold to allow the single family and du- plex building height limit to be 35 feetO stories, (2) clarification ofthe underground parking definition, and (3) clarification of the allowed protrusions above height limits. Ifyou have any questions regard- ing this matter, please call Eric California, at 6:OO P.M., on Tuesday, JUNE 04 Munoz in the Planning Department, at 4381161, ext. 4441. . If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspond- ence delivered to th8e City of Carls- bad City Clerk’s Office at or prior to the public hearing. Applicant: City of Carlsbad U 6948: June 4,1992 I certify under penalty of foregoing is true and coni Carlsbad, County of San Californiaon THE 4TH day of JUNE 199 2 CARLSBAD CITY COUNCIL ~ ,-?ca Ai c1