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Home My WebLink About1992-07-21; City Council; 11810; ADOPTION OF ORDINANCE NO. NS-204 BUILDING HEIGHT/UNDERGROUND PARKING REVISIONS - ZCA 92-01c 3 aJ $ OJ c 0 0 4.1 9 0 h 0 a a, 3 d -d +J c g $ 0 3 h aJ u +J 'u 5. L. 2 3.. aJ A. A H N .. $ s m N \ co F a 0 \ r. z 3 0 0 fl-. 1) 2 I/ CIT OF CARLSBAD - AGENDWILL 1 AB#,- TlTLtllOPTION OF ORDINANCE NO. NS-204 MTG 7/21 192 Dl CI Ch BUILDING HEIGHT/UNDERGROUND PARKING DEP~~ REVlSIONS - ZCA 92-1. RECOMMENDED ACTION: .9dopt Ordinance No. NS-204, admending various chapters and sections of the Zon 3rdinance to (1) change the minimum lot size and zoning that would allow up ti :;tories/35 feet in height for R-1 zones from R-1-15 to R-1-20, and (2) modify i .mderground parking definition. .nM EXPLANATION 'allowing a public hearing, Ordinance No. NS-204 was introduced and first read a regular City Council meeting on July 21, 1992. The second reading allows Council 3dopt the ordinance which would then become effective in thirty days. The City Ck will have the ordinance published in the "Carlsbad Journal" within fifteen days, 3dopted. 'ISCAL IMPACT See Agenda Bill No. 11,740 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-204. * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e ORDINANCE NO. NS-204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSB CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS TITLE 21 OF THE) CARLSBAD MUNICIPAL CODE TO (1) RESTR THE-SNGLE FAMILY AND DUPLEX BUILDING HEIGHT LIMIT TC FEET-2 STORIES AND TO ALLOW UP TO 35 FEET - 3 STOR ONLY ON PROPERTIES WITH A MINIMUM R-1-20 ZON DESIGNATION AND A 20,000 SQUARE FOOT MINIMUM LOT SI AND (2) TO REQUIRE "UNDERGROUND PARKING" AREAS TO QUAL AS A "BASEMENT" TO NOT COUNT AS A "STORY". CASE NAME: BUI'LDING 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: tt21.04.045 Basement. "Basementt' means that portion of a building between 1 ceiling which is partly below and partly above grade as along the exterior (immediately outside of Inbuilding 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 minimi of the perimeter of building coverage for a structure to q a basement. The portion of a basement that is below exist. is not included in the measurement of building height (a: in Section 21.04.065) . 1t SECTION 2: That Title 21, Chapter 21.04 of the 'Municipal Code is amended by the revision of Section 21.( ~ Iread as follows: @l21.04.065 Building Heiaht. (a) The height of a building shall be measured as : (1) I'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 coverag highest point of the structure directly above that measurement. (2) lqExisting grade" for the purposes of I building height means the ground level elevation which e: or before August 1, 1991 and prior to any grading or 01 preparation related to, or to be incorporated into, a pro development or alteration of existing developments 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 development or alteration of existing developments unless i discretionary permit for such developments or alterations i: approved;- ?n that case, existing grade shall mean the grade afte: the property is developed or improved in accordance with thc grading plans which implement the approved discretionary permit For non-discretionary permits where retaining walls, fill or othe. grading are utilized to create finished grade higher in elevatioi than existing grade as defined above and as determined by thc Planning Director, then existing grade shall be used in thc determination of building height. (3) Building height measurements include basements anc other subterranean areas that are above existing grade. In thl case of basements, cellars and underground parking, building heigh. is measured from existing grade: excluding the area below existinc grade. (4) Building height is measured to the peak of thl structure. Per Section 21.46.020 of this title, roof structure specifically for the housing of elevators, stairways, tanks ventilating fans or similar equipment required to operate an1 maintain the building; fire or parapet walls, skylights architectural towers, flagpoles, chimneys, smokestacks, wireles masts and similar structures may be erected above the height limit prescribed in this title, but no roof structure, or any other spac building is located shall be allowed for the purpose of providin additional floor space, or be taller than the minimum heigh requirement to accommodate or enclose the intended use." above the height limit prescribed for the zone in which th SECTION 3: That Title 21, Chapter 21.04 of the Carlsba Municipal Code is amended by the amendment of Section 21.04.370 t read as follows: 1 I llUnderground Parking" means parking areas that are locate completely or partially underground where the finished floor ofth parking area is below existing grade to the point where the parkin area qualifies as a basement as defined in Section 21.04.045 Underground parking areas are excluded from the measurement o building height. However, in the case where underground parking i not completely underground, building height will be measured fro existing grade so that the portion of the parking structure abov existing grade is part of the building height." 1121.04.370 Undersround Parkins. SECTION 4: That Title 21, Chapter 21.04 of the Carlsba Municipal Code is amended by the amendment of Section 21.04.376 t read as follows: ... 2 c 1 I 2 3 4 5 6 7 8 9 1o 11 12 13 14 l5 l6 I'7 18 19 20 21 22 23 24 25 26 27 28 e 0 "22.04.376 Useable Livina Area. Wseable Living Area" means the area of a building SECqI6N 5: That Title 21, Chapter 21.07 is amendel for habitation and/or use by the building's occupants." amendment of Section 21.07.100 to read as follows: 1121.07.100 Buildins Heiaht. No building in the E-A zone used for dwelling F 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 buj structure used for other than dwelling purposes and loc hundred feet or more from any property line may exceed thc allowable height pursuant to conditional use permit. Sing1 residences on lots with a lot area of 20,000 square feet 01 shall not exceed thirty-five feet and three stories with i roof pitch of 3/12 provided.tt SECTION 6: That Title 21, Chapter 21.08 is amende amendment of Section 21.08.020 to read as follows: 1t21.08.020 Buildins Heisht. 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 Singlc provided for lots under 20,000 square feet. 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 art symbol shall not exceed thirty-five feet and three storit minimum roof pitch of 3/12 provided.l! SECTION 7: That Title 21, Chapter 21.10 is amende amendment of Section 21.10.020 to read as follows: tt21.10.020 Buildins Heiaht. In the R-1 zone no building 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. Sing11 residences on lots with a lot area of 20,000 square feet o and within a R-1 zone and specifying a -20 or greater arc symbol shall not exceed thirty-five feet and three storic minimum roof pitch of 3/12 provided. It **. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 I.7 l8 I' 2o 21 22 23 24 25 26 27 28 0 SECTION 8: That Title 21, Chapter 21.12 is amended by thc amendment of section 21.12.020 to read as follows: - - "21.12.020 Buildins Heisht. No building in the R-2 zone shall exceed a height of thirt] feet and two stories if a minimum roof pitch of 3/12 is provided 01 twenty four feet and two stories if less than a 3/12 roof pitch i: provided for lots under 20,000 square feet. Buildings on lots wit1 a lot area of 20,000 square feet or greater, shall not exceec thirty-five feet and three stories with a minimum roof pitch o 3/12 provided. It SECTION 9: That Title 21, Chapter 21.27 is amended by thc deletion of Section 21.27.050(5) and the renumbering of tht following subparagraphs accordingly. GECTION 10: That Title 21, Chapter 21.38 is amended by the amendment of Section 21.38.060(1)(B) to read as follows: "(B) Location of the various land uses shall be indicated b the use of zone designations of development zones and overlay zone as provided in this title. Development of property within the are of each such zone shall be subject to the regulations of th indicated zone unless specifically modified as a part of the maste plan approval. All master plans shall allow a maximum buildin height of thirty feet and two stories if a minimum roof pitch o 3/12 is provided or twenty four feet and two stories if less tha a 3/12 roof pitch is provided for single family and duplex project on lots with a lot area less than 20,000 square feet in size. Lot with a lot area of 20,000 square feet or greater and zoned R-1 an specifying a -20 or greater area zoning symbol by the master pla may have a building height limit of 35 feet and three stories wit a minimum roof pitch of 3/12 provided. A master plan may impose /lower building height limit than those stated above in it development standards. Neighborhood commercial uses within master plan shall conform to Section 21.26.030 of the C-1 zone Tourist-oriented commercial uses within a master plan shall confor to Section 21.29.060 of the C-T zone. All other commercial USE within a master plan shall conform to the building heigk regulations contained in Section 21.28.030 of the C-2 zone. AI industrial uses within a master plan shall conform to the buildir height regulations as contained in Section 21.34.070(1) of the P- zone. Office uses shall conform to Section 21.27.050(3) of the zone." ~ ~ SECTION 11: That Title 21, Chapter 21.45 is amended by tk amendment of Section 21.45.090(0)(5) to read as follows: 4 * 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 l6 l7 18 19 2o 21 22 23 24 *' 26 27 28 0 I, "(5) The building height limit for single family an( residences shall not: exceed thirty feet and two storic minimum roof pitch of 3/12 is provided or twenty-four feet stories i€?ess 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 storie: minimum roof pitch of 3/12 provided.'I SECTION 12: That Title 21, Chapter 21.46 is amende amendment of Section 21.46.020 to read as follows: 1@21.46.020 Allowed Protrusions Above Heisht 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 a height limits prescribed in this title but no roof struc lany 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 amende amendment of Section 21.82.050 to read as follows: "21.82.050 Buildinu Heisht. No newly constructed, reconstructed, altered or residential structure within the beach area overlay zo exceed thirty feet and two stories if a minimum 3/12 roof provided or twenty-four feet and two stories if less than : pitch is provided. Building height shall be measured as dt Section 21.04.065 of this title. Underground parking a underground parking as defined in Section 21.04.370 of thj or basements as defined in Section 21.04.045 of thii building height shall be measured from the existing grade basements shall not be considered a story. In the 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 SECTION 14: This ordinance shall not apply to developmenl projects which have a complete application or received al: discretionary approvals by March 4 , 1992 , for which the buildinc height has been specifically stated: or if no discretionar: approvals are required, then development projects for which l building permit application was on file with the City of Carlsbac by March 4, 1992, and for which said permit is issued by Septembe 4, 1992, shall be exempt, - - EFFECTIVE DATE: This ordinance shall be effective thirty day after its adoption, and the City Clerk shall certify to th adoption of this ordinance and cause it to be published at leas once in the Carlsbad Journal within fifteen days after it adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsba City Council on the 21st day of JULY , 1992, ar thereafter *** *.* I-=* 20 21 22 23 24 25 26 27 28 --- *** *** .*. .OW /". "' 6 . . t 1 2 3 4 5 6 7 t3 9 10 11 12 13 14 15 16 17 I.8 19 2o 21 22 23 24 25 26 27 28 * 0 PASSED AND ADOPTED at a regular meeting of the City Co the City of Carlsbad on the 4th day of AUGUST 1992, by--- following vote, to wit: AYES : Council Members Lewis, Kulchin, Nygaard NOES : None ABSENT : Council Member Larson ABSTAIN: Council Member Stanton APPROVED AS TO FORM AND LEGALITY k;4+-- D* l&dL ld-pcr 1 9- RON BALL, Ae&q City Attorne &/],&--Y UDE A. LEWIS, Mayor ATTEST: LY hkQ ALETHA L. RAUTENKRANZ, City Cle I I I ! 7