HomeMy WebLinkAbout1992-06-16; City Council; 11740; AMENDMENT TO TITLE 21 - BUILDING HEIGHT/UNDERGROUND PARKING REVISIONS - ZCA 92-01v
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CITY e CARLSBAD - AGEND~ILL
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AB # /'7'-44 TITLE- AMENDMENT TO TITLE 21 - BUILDING
MTG. ZCA 92-1
.m -E I GHT/' UNDERGROUND PARKING REVI s IONS
DEPT. PLN (
RECOMMENDED ACTION:
Both staff and the Planning Commission are recommending tl
City Council INTRODUCE Ordinance No. &--?ad , APPROVING Z
amending various chapters and sections of the Zoning Ordin,
(1) change the minimum lot size and zoning that would alloi
3 stories/35 feet in height for R-1 zones from R-1-15 to R-l-
direct staff to return to the Planning Commission for
consideration of allowable protrusions above height limits.
ITEM EXPLANATION
On October 8, 1991 the City Council approved ZCA 91-3
established a new building height definition and made height to various zones Citywide. In response to a petition rece the public hearing, Council directed staff to consider options to address the issue of structures exceeding 30 stories on infill lots in the R-1-15 zones north of Agua H Lagoon and report back to Council. On January 7, 1992 reported back to Council and recommended adoption of a Res of Intention (ROI 92-7) to process a zone code amendment to the minimum lot size and zoning that would allow up to 35
stories for single family structures from R-1-15 to R-1-20
definition which surfaced since the October 8, 1991 approval
91-3. As originally approved, an underground parking area
just inches below existing grade to not be considered a I1
The original intent was to have underground parking be underground and therefore, not be counted as a story or a
Therefore, as now proposed in ZCA 92-1, an underground parki
must qualify as a llbasementll to not be considered a llstoryll
way the parking area would have to be more underground tha
ground.
On March 4, 1991, the Planning Commission conducted a public to consider ZCA 92-1. As explained in the attached staff
ZCA 92-1 carried forward the recommendations of ROI 92-7 re
(1) 35 foot/3 story structures in R-1-20 zones or greatc
20,000 square foot miinimum lot sizes and (2) modification underground parking definition, both as described above.
issue which had come to staff's attention during project rev
restricting allowable protrusions above maximum building hei
certain commercial and industrial zones.
the wording of Section 21.46.020 and to prohibit protrusio
exceeding 45 feet in certain non-residential zones where a s
plan would not apply. Staff proposed to prohibit any prot
above 45 feet for the P-M, C-M, M, 0, C-2 and C-T zones beca
91-3 (approved October 8, 1991) increased the height in thes
from 35 feet to 45 feet subject to certain findings. The in
height was intended to remove rooftop equipment while allowj
(2) modify the underground parking definition; and by minute
ROI 92-7 also addressed a loophole in the underground
also brought to the Planning Commission in ZCA 92-1, It foc
Staff proposed to
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PAGE 2 OF AGENDA BILL NO. H 7-0
a 3 story non-residential structure. However, the Commissic
or projection could exceed 45 feet in these zones if ai
through a discretionary action.
The Planning Commission's recommendation was to appro'
necessary zone code amendments in regards to issues (1) E above. The attached ordinance reflects the zone code amendmc recommended for approval by the Planning Commission. The Corn
further recommended that the third issue regarding the allo
protrusions above height limits be returnedtothe Commission
City Council for further review. Of concern to the Commiss
the provision that would have prohibited any protrusions a1
feet (including flagpoles and architectural towers/features)
P-M, C-M, M, 0, C-2 and C-T zones where a specific plan dc
that there may be certain situations where an architectural
apply
ENVIRONMENTAL REVIEW
Since the proposed height restrictions are refinements changes made by ZCA 91-3, environmental review has alreac
completed and resulted in the approval of a Negative Declara. October 8, 1991.
FISCAL IMPACT
There will be no fiscal impacts from the adoption and implemei
of the proposed bui1di:ng height regulations.
EXHIBITS
1. City Council Ordinance No. MS-dbd
2. Planning Commissiion Resolution No. 3347
3. Staff Report dated March 4, 1992
4. Excerpts of Planning Commission Minutes dated March 4,
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ORDINANCE NO. NS-204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSE
CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO (1) RESTI; THE SINGLE FAMILY AND DUPLEX BUILDING HEIGHT LIMIT TC FEET-2 STORIES AND TO ALLOW UP TO 35 FEET - 3 ST06
ONLY ON PROPERTIES WITH A MINIMUM R-1-20 ZON DESIGNATION AND A 20,000 SQUARE FOOT MINIMUM LOT SI
AND (2) TO REQUI'RE "UNDERGROUND PARKING" AREAS TO QUAI
AS A "BASEMENT" TO NOT COUNT AS A "STORY".
CASE NAME: BUILDING HEIGHT/UNDERGROUND PARKING REV1
CASE NO: ZCA 92-1
The City Council of the City of Carlsbad, Califor
ordain as follows:
SECTION 1: That Title 21, Chapter 21.04 of the
Municipal Code is amended by the revision of Section 21.C
read as follows:
1121.04.045 Basement. ltBasementll means that portion of a building between f
ceiling which is partly below and partly above grade as
along the exterior I( immediately outside of "building cc
perimeter of the structure but so located that the
distance from exterior grade to the adjacent interior flc
is more than the vertical distance from exterior grade to interior ceiling. This definition must apply to a minimL
of the perimeter of building coverage for a structure to ql a basement. The portion of a basement that is below exist:
is not included in the measurement of building height (as
in Section 21.04.065).11
SECTION 2: That Title 21, Chapter 21.04 of the
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Municipal Code is amended by the revision of Section 21.c
read as follows:
"21.04.065 Buildins Height.
(a) The height of a building shall be measured as f
(1) "Building height" means the vertical dista
structure measured from the more restrictive (lowest) of
or existing grade. The vertical distance is measured
points at grade along and within the building coveragc
highest point of the structure directly above that I
measurement.
(2) "Existing grade" for the purposes of n
building height means the ground level elevation which e> or before August 1, 1991 and prior to any grading or ot
preparation related to, or to be incorporated into, a pro1
development or alteration of existing developments 1
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discretionary permit for such developments or altera
approved. In that case, existing grade shall mean the gr;
the property is developed or improved in accordance
grading plans which implement the approved discretionarl
For non-discretionary pennits where retaining walls, fill
grading are utilized to create finished grade higher in c
than existing grade as defined above and as determinec
Planning Director, then existing grade shall be used
determination of building height.
(3) Building height measurements include basen
other subterranean areas that are above existing grade.
case of basements, cellars and underground parking, buildi
is measured from existing grade; excluding the area below
grade.
(4) Building height is measured to the pea>
structure. Per Section 21.46.020 of this title, roof si specifically for the housing of elevators, stairways ventilating fans or similar equipment required to ope maintain the building; fire or parapet walls, SI
architectural towers, flagpoles, chimneys, smokestacks,
masts and similar structures may be erected above the heig
of this ordinance prescribed, but no roof structure, or i
space above the height limit prescribed for the zone in T,
building is located shall be allowed for the purpose of I additional floor space, or be taller than the minimu
requirement to accommodate or enclose the intended use."
SECTION 3: That Title 21, Chapter 21.04 of the
Municipal Code is amended by the amendment of Section 21.1
read as follows:
"21.04.370 Underqround - Parkinq.
"Underground Parkinq" means parking areas that arc
completely or partially underground where the finished flo parking area is below existing grade to the point where thi
area qualifies as a basement as defined in Section 2.
IUnderground parking areas are excluded from the measur 20
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,building height. However, in the case where underground p
not completely underground, building height will be measi
existing grade so that the portion of the parking structi
existing grade is part of the building height."
SECTION 4: That Title 21, Chapter 21.04 of the
Municipal Code is amended by the amendment of Section 21.1
read as follows:
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1121.04.376 Useable Livinq Area. "Useable Living Area" means the area of a building for habitation and/or use by the building's occupants."
SECTION 5: That Title 21, Chapter 21.07 is amendec
amendment of 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 ot
dwelling purposes and located less than one hundred feet
property line, shall exceed thirty feet and two stori
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 loci
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 20,000 square feet or shall not exceed thirty-five feet and three stories with a
roof pitch of 3/12 provided.I1
SECTION 6: That Title 21, Chapter 21.08 is amendec
amendment of Section 21.08.020 to read as follows:
1121.08.020 Buildinq Heiqht.
No building in the R-A zone shall exceed a height c feet and two stories if a minimum roof pitch of 3/12 is prc
twenty four feet and two stories if less than a 3/12 roof
provided for lots under 20,000 square feet. Singlt
residences on lots with a lot area of 20,000 square feet 01
and within a R-A zone and specifying a -20 or greater are
symbol shall not exceed thirty-five feet and three storie
minimum roof pitch of 3/12 provided.I1
SECTION 7: That Title 21, Chapter 21.10 is amende
amendment of Section 21.10.020 to read as follows:
1121.10.020 Buildins Heiqht.
In the R-1 zone no building shall exceed a height o feet and two stories if a minimum roof pitch of 3/12 is prc twenty four feet and two stories if less than a 3/12 roof Sing16 provided for lots under 20,000 square feet. residences on lots with a lot area of 20,000 square feet 01
symbol shall not exceed thirty-five feet and three storiE minimum roof pitch of 3/12 provided.11
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and within a R-1 zone and specifying a -20 or greater arc
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SECTION 8: That Title 21, Chapter 21.12 is amende1
amendment of Section 21.12.020 to read as follows:
"21.12.020 Buildinq Heiqht.
No building in the R-2 zone shall exceed a height c
feet and two stories if a minimum roof pitch of 3/12 is prc twenty four feet and two stories if less than a 3/12 roof provided for lots under 20,000 square feet. Buildings on 1 a lot area of 20,000 square feet or greater, shall no thirty-five feet and three stories with a minimum roof
3/12 provided. I'
SECTION 9: That Title 21, Chapter 21.27 is amende
deletion of Section 21.27.050(5) and the renumbering
following subparagraphs accordingly.
SECTION 10: That Title 21, Chapter 21.38 is amendec
amendment of Section 21.38.060(1)(B) to read as follows:
"(B) Location of the various land uses shall be ind:
as provided in this title. Development of property within of each such zone shall be subject to the regulation: indicated zone unless specifically modified as a part of tl plan approval. All master plans shall allow a maximum
height of thirty feet and two stories if a minimum roof
3/12 is provided or twenty four feet and two stories if :
a 3/12 roof pitch is provided for single family and duplex
on lots with a lot area less than 20,000 square feet in si with a lot area of 20,000 square feet or greater and zone1
specifying a -20 or greater area zoning symbol by the mat
may have a building height limit of 35 feet and three sto:
a minimum roof pitch of 3/12 provided. A master plan may
/lower building height limit than those stated above
development standards. Neighborhood commercial uses
master plan shall conform to Section 21.26.030 of the (
Tourist-oriented commercial uses within a master plan shal to Section 21.29.060 of the C-T zone. All other commerc
within a master plan shall conform to the buildini
regulations contained in Section 21.28.030 of the C-2 zc
industrial uses within a master plan shall conform to the
height regulations as contained in Section 21.34.070 (1) o
zone. Office uses shall conform to Section 21.27.050(3)
zone. 'I
the use of zone designations of development zones and over'
I SECTION 11: That Title 21, Chapter 21.45 is amendc I
amendment of Section 21.45.090(0)(5) to read as follows:
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"(5) The building height limit for single family an1
residences shall not exceed thirty feet and two stori minimum roof pitch of 3/12 is provided or twenty-four feet stories if less than a 3/12 roof pitch is provided for lot lot area less than 20,000 square feet in size, although maximum height may be established for the project. For 1
a lot area of 20,000 square feet or greater and within a
and specifying a -20 or greater area zoning symbol, the height limit shall not exceed 35 feet and three stories minimum roof pitch of 3/12 provided."
SECTION 12: That Title 21, Chapter 21.46 is amendel
amendment of Section 21.46.020 to read as follows:
1121.46.020 Allowed Protrusions Above Heiqht Limits.
Roof structures specifically for the housing of el
stairways, tanks, ventilating fans or similar equipment rec
operate and maintain the building, fire or parapet
skylights, architectural towers, flagpoles, chimneys, smoke
wireless masts and similar structures may be erected a1
height limits prescribed in this title but no roof struc
any other space above the height limit prescribed for the
which the building is located shall be allowed for the pu
providing additional floor space, or be taller than the
height requirement to accommodate or enclose the intended
SECTION 13: That Title 21, Chapter 21.82 is amendel
amendment of Section 21.82.050 to read as follows:
1121.82.050 Buildins Heiqht.
No newly constructed, reconstructed, altered or
residential structure within the beach area overlay ZOI exceed thirty feet and two stories if a minimum 3/12 roof
provided or twenty-four feet and two stories if less than 3 pitch is provided. Building height shall be measured as de
Section 21.04.065 of this title. Underground parking a
basements shall not be considered a story. In the underground parking as defined in Section 21.04.370 of thi or basements as defined in Section 21.04.045 of thi:
building height shall be measured from the existing grade
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SECTION 14: This ordinance shall not apply to dev
projects which have: a complete application or recei
discretionary approvals by March 4, 1992, for which the
height has been specifically stated; or if no discr
approvals are required, then development projects for
building permit application was on file with the City of
by March 4, 1992, and. for which said permit is issued by S
4, 1992, shall be exempt.
EFFECTIVE DATE: This ordinance shall be effective th:
after its adoption, and the City Clerk shall certify
adoption of this ordinance and cause it to be published
once in the Carlsbad Journal within fifteen days aj
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
City Council on the 21st day of JULY 11
thereafter
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PASSED AND ADOPTED at a regular meeting of the City Co
the City of Carlsbad on the day of
1992, by the following vote, to wit:
AYES:
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RON BALL, Acting City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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PLANNING COMMISSION RESOLUTION NO. 3347
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
VARIOUS CHAPTERS AND SECTIONS OF THE ZONING
ORDINANCE, TITLE 21, OF THE CARLSBAD MUNICIPAL
CODE, TO (1) ADJUST THE THRESHOLD TO ALLOW
SINGLE FAMILY AND DUPLEX STRUCTURES TO BE 35
FEET/3 STORIES, AND (2) CLARIFY THE "UNDERGROUND
PARKING" DEFINITION.
CASE NAME: BUILDING HEIGHT/UNDERGROUND
PARKING REVISIONS
CASE NO: ZCA 92-1
WHEREAS, the Planning Commission did on the 4th day of h
hold a duly noticed public hearing as prescribed by law to consider said re(
WHEREAS, at said public hearing, upon hearing and COI
testimony and arguments, if any, of all persons desiring to be heard, said
considered all factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4 as follows:
A)
B)
$br 1
obD' ( That the foregoing recitations are true and correct.
That based on the evidence presented at the public he ring, the
recommends APPROVAL of ZCA 92-1, according to E it "A", dai
1992, attached hereto and made a part hereof, based on the followj
Je
1 Findinns:
1. The amendment will codify recommendations supported by the Cil described in Resolution of Intention No. 92-7 regarding adjusting t
story height limit threshold to R-1-20 20nes/20,000 square foot lots :
the "underground parking' definition.
The amendment will address minor modificatiolls and refinements ne
building height regulations approved with ZCA 91-3 on October 8,
The amendment will resolve the concerns raised about allowing 35
structures in the residential zones north of Agua Hedionda Lag(
Council to adopt an urgency ordinance to prevent such structures
approval. Specifically, adoption of this zone code amendment will c
ordinance NS-189 to no longer be in effect.
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4. The amendment d not cause any significant environmental impac
proposed changes are refinements to existing regulations whi
Director on May 2, 1991.
environmental review described in the Negative Declaration issued by
PASSED, APPROVED, AND ADOPTED at a regular meeting of
Commission of the City of Carlsbad, California, held on the 4th day of Mar
the following vote, to wit:
AYES: Commissioners: Schlehuber, Schramm, Holmes, I
& Hall.
NOES: Chairman Erwin.
ABSENT: None.
ABSTAIN: None.
% LL
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMIS:
ATTEST: -a 1 MICHAEL J.~HOLMILLER
Planning Director
PC RES0 NO. 3347 -2-
4 Q a
APPLICATION COMPLETE
JaIlUq 10. 1992
STAFF REPORT
0 DATE: MARCH 4, 1992
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJFX": ZCA 92-1 - CITY OF CARLSBAD - Amendments to various chapte
sections of the Zoning Ordinance to allow for (1) the adjustment
threshold to allow the single family and duplex building height limit tc
feet/3 stories, (2) clarification of the underground parking definition, i
clarification of the allowed protrusions above height limits,
1. RECOMMENDATION
That the Planning Commission ADOPT Resolution No. 3347 recommending APPRO'
the ZCA 92-1, based on the findings contained therein.
rI. PRWn DESCRIPTION AND BACKGROUND
On October 8, 1991, the City Council approved ZCA 91-3, which made comprek
building height regulation changes Citywide. Since that time some issues have SL
that will be resolved by the proposed zone code amendment; (1) 35 foot/3 story
family and duplex height limits in R-1-15 zones, (2) the need to clarify the l'underj
parking" definition, and (3) the need to clarify the allowed protrusions above sp
height limits. Per the City Council's direction, staff reviewed various alternatives to 1
these issues and made recommendations. Council approved Resolution of Intention r
7 (attached) on January 7,1992, initiating the zone code amendment process to imp
the recommendations. The recommendations and each of the issues are briefly de:
below. Attached to this report is Planning Commission Resolution No. 3347
recommends approval of this zone code amendment and contains Exhibit "A" dated
4, 1992, showing the ordinance amendments.
Adiustment of Threshold from R-1-15 to R-1-20
ZCA 91-3 as approved by City Council on October 8, 1991, restricts single fami
duplex building heights to 30 feet/l stones with a minimum roof pitch of 3/12. Exci
this height limit to a maximum of 35 feet/3 stones is only allowed for properties tl~
a minimum R-1-15 zoning designation or greater and a minGnum lot size of 15,000
feet. At the October 8,1991 public hearing, Council was presented with a petition I
a concern for this height allowance in the R-1-15 zones north of Agua Hedionda L
Specifically, the issue was not to have any allowance for structures to exceed 30
stones. At Council's direction, staff reviewed various alternatives to address this COI
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ZCA 92-1 - CITY OF CAFUSBAD
MARCH 4, 1992
PAGE 2
Staffs recommendation, presented to Council on January 7, 1992, involves adjusti
threshold which allows single family and duplex heights to exceed 30 feet/2 s
Specifically, the threshold would be from R-1-15 zones or greater to R-1-20 zo
greater and 20,000 square foot minimum lot size. In this way, all R-1-15 zones Ci
would be restricted to 30 feet/2 stories. Resolution of Intention 92-7 reflects Cc
support for this recommendation and desire to codify it. Furthermore, at the Jan1
prohibits the approval of a buildihg permit for a single family dwelling which exce
of this is to prevent 35 foot/3 story residences from getting approval in this area wh
zone code amendment is being processed. Approval and adoption of this zon
amendment will cause NS-189 to no longer be in effect. In addition, this staff rep(
serve as the written report as required by urgency ordinance NS-189. The written
is meant to describe the measures taken to alleviate the conditions that led to the u
ordinance adoption. Approval of ZCA 92-1 will alleviate those conditions.
Undermound Parking
The current underground parking definition, as approved with ZCA 91-3 by Cou
October 8, 1991, does not specify or quantify how far below existing gra
underground parking area must be in order to not count as a story. Because of 1
two stones above it within the 30 foot height limit and a 3/12 minimum roof pitc
intent of this definition was to allow a 2 story structure within 30 feet while provic
underground parking. To correct this situation, staff implemented an administrativc
requiring the "underground parking" area to qualify as a "basement" in order to no
as a 'Isto#. In addition, "usable living areal' will now be allowed in "underground p
areas and/or "basements". If an "underground parking" area does not qual3
"basement" then it does qualify as a ''story''. Resolution of Intention No. 92-7
Council's support for this solution and desire to codify it.
Allowed Protrusions Above Height Limits
Section 21.46.020 describes the allowed protrusions above specified height limit
section is referenced in the building height definition (21.04.065) and is primarily d
to allow for necessary roof top equipment associated with commercial or industri
enclosures leading to roof top decks which exceed height limits in residential ar
additional stones to enclose building/roof top equipment for non-residential use
amendment will clanfy the intent to not allow any useable floor area above a s
height limit and in certain cases allow the minimum protrusion required as desc
Section 21.46.020 (and referenced in 21.04.065). Futhennore, these allowed pro
may not exceed the 45 foot maximum height limit for commercial and industrial us
height limit was increased, by ZCA 91-3, from 35 to 45 feet for these zones with I
1992 Council Meering, an urgency ordinance (NS-189) was passed which spec
feet/2 stories within the R-1-15 zones nonh of rhe Agua Hedionda Lagoon, The p
underground parking area could be designed 10 be 1 or 2 feet below existing grac
The application of this section, however, has resulted in proposals involving s
ABAD 0 ZCA 92-1 - CITY OF C
MARCH 4, 1992
PAGE 3
findings. This zone code amendment will add a finding that no allowed protrusic
Section 21.46.020 exceed the potential 45 foot height maximum (or 55 foot maxim
regional C-2 uses). Height limits for these uses were increased up to 45 feet to all
the construction of a nonresidential building with three levels that can int
incorporate necessary mechanical and associated building equipment. This pr
finding will prevent overly intense development which could involve three levels
maximum of 45 feet and then roof top equipment on top of that causing sa
walls/roof structures to be located above 45 feet.
Effective Date of Ordinance
This ordinance shall not apply to discretionary development projects which have a cc
application or received discretionary approvals by March 4, 1992, and for wh:
building height has been specifically stated; or if no discretionary approvals are re
then development projects for which a building permit application was on file with t
of Carlsbad by March 4, 1992 and for which said permit is issued by September 4
shall be exempt. These provisions are made in Section 19 of Exhibit "A" ( which CI
the ordinance amendments) as attached to Resolution No. 3347.
111. ENVIRONMENTAL REVIEW
This zone code amendment does not involve a development application, so there
no environmental impacts resulting from this action. The proposed zone code amen
and regulations will be part of the development standards that future projects shall
with. All future projects will undergo standard environmental review. In additic
zone code amendment proposes refinements to the regulations set forth by ZCA 91-1
underwent a publicly noticed environmental review. Therefore, the environmental
for ZCA 92-1 is covered by the environmental review performed for ZCA 91-3
resulted in the issuance of a Nlegative Declaration by the Planning Director on
1991.
ATTACHMENTS
1.
2.
3.
Planning Commission Resolution No. 3347 (with Exhibit "A", dated March 4
attached)
Resolution of Intention No. 92-7
Agenda Bill dated January 7, 1992 (with attachments)
ENM:vd
January 16, 1992