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HomeMy WebLinkAbout1993-05-04; City Council; 12208; Non Residential Building Height Protrusions\B # ,n, ATG. 514193 IEPT. PLN CIT’-3F CARLSBAD - AGENC- BILL TITLE: NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - ZCA 92-M IECOMMENDED ACTION: If the Council concurs both the Planning Commission and staff are recommending that the City Council INTRODUCE Ordinance No. NS- iv 0 , APPROVING ZCA 92-06. ITEM EXPLANATION On July 14, 1992, the City Council approved ZCA 92-01. In doing so, the Council carried forward a Planning Commission recommendation to approve two components of the zone code amendment (ZCA) regarding: (1) circumstances which would allow 35 foot high/3 story single family and duplex residences; and (2) a revision to the underground parking definition. In keeping with the Commission’s recommendation, the City Council returned a third component of the ZCA to the Planning Commission for further consideration. The third component of ZCA 92-01 centered around the fact that currently the code allows for an unlimited height potential for the protrusions above height limits as described in Section 21.46.020 of the Zoning Ordinance. ZCA 92-01 proposed a maximum height of 45 height for the allowed protrusions, however, the Planning Commission felt (and Council concurred) that some allowance should be made for purely architectural protrusions that contribute to a building’s innovative and/or exceptional design. On February 3,1993, the Planning Commission conducted a public hearing to consider ZCA 92-06 regarding the allowance of purely architectural features to protrude above the height limits for non-residential zones. As mentioned, the allowed protrusions above height limits as outlined in Section 2146.020 of the Zoning Ordinance have no height limits associated with them. Furthermore, there currently is no distinction between purely architectural protrusions (like a clock tower or architectural tower) from other protrusions which may add useable floor area and/or accommodate building equipment (like screening walls, parapet walls, stairway/elevator enclosures or rooftop equipment enclosures). For the eight non- residential zones involved, this proposed zone code amendment will specify which type of protrusions are allowed and will place a limit on the height of any purely architectural protrusions. The R-P and C-l zones currently have a 35 foot height limit; this code amendment would place a limit of 45 feet to any purely architectural protrusions above 35 feet. The 0, C-2, C-T, C-M, M and P-M zones currently have a height limit of 45 feet; this code amendment would place a limit of 55 feet to any purely architectural protrusions above 45 feet. Some exceptions exist for certain uses and/or specific plan projects. For the zones involved, four findings must be made to allow an architectural protrusion above a height limit. These findings are designed to ensure that the architectural protrusion does not add floor area, accommodate building equipment, or impact adjacent properties and is necessary for the building’s design excellence. The attached Planning Commission staff report dated February 3,1993, describes in detail the background and specifics of the proposed code amendment. At the February 3rd public hearing, no comments were received during the public testimony and the Planning Commission voted unanimously to recommend approval of ZCA 92-06. . - PAGE 2 OF AGENDA BILL NO. 12, af?p ENwRoNMENTALREvIEw This zone code amendment does not involve a development application or proposal, so there will be no environmental impacts resulting from this action. The regulations contained in this code amendment will be part of the development standards that future projects will comply with. In addition, these code changes are refinements to building height related regulations which were implemented with ZCA 91-03 which had complete environmental review performed and resulted in the approval of a Negative Declaration by the City Council on October 8, 1991. FISCAL IMPACI’ There will be no fiscal impacts from the adoption and implementation of the proposed building height regulations. EXHIBITS 1. 2. 3. 4. City Council Ordinance No. Ns-A40 Planning Commission Resolution No. 3495 Planning Commission Staff Report, dated February 3, 1993 (w/ZCA 92-06 Summary Table) Excerpts of Planning Commission Minutes dated February 3, 1993 ORDINANCE NO. NS-240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS OF THE CARLSBAD MUNICIPAL CODE TO ALLOW FOR CERTAIN ARCHITECTURAL PROJECTIONS IN THE R-P, C-l, 0, C-2, C-T, C-M, M AND P-M ZONES. CASE NAME: NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS CASE NO: ZCA 92-6 5 /I The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.18 of the Carlsbad Municipal Code is amended by the amendment of Section 21.18.050(8) 9 to read as follows: 10 " (8) Height Limits. In the R-P zone the maximum building 11 height, including the protrusions described in Section 21.46.020, shall be: 12 (a) Habitable buildings, thirty-five feet. Purely architectural features that (1) do not function to provide useable 13 floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) 14 are necessary to ensure a building's design excellence, may be permitted up to forty-five feet by site development plan approved 15 by the Planning Commission: and (b) Accessory buildings, eighteen feet." 16 / SECTION 2: That Title 21, Chapter 21.26 of the Carlsbad 17 Municipal Code is amended by the amendment of Section 21.26.030 to 18 read as follows: 19 20 21 22 23 "No commercial structures in the C-l zone shall exceed a height of thirty-five feet or three levels, including the protrusions described in Section 21.46.020. Purely architectural features that (1) do not function to provide useable floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties: and (4) are necessary to ensure a building's design excellence, may be permitted up to forty-five feet by site development plan approved by the Planning Commission." 24 25 SECTION 3: That Title 21, Chapter 21.27 of the Carlsbad Municipal Code is amended by the amendment of Section 21.27.050(3) 26 to read as follows: 27 "(3) Building Height. The maximum height of structures 28 within the 0 zone shall not exceed thirty-five feet or three levels 1 and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may 2 be permitted to a maximum of forty-five feet through a site development plan approved by the City Council provided that: '3 (a) The building does not contain more than three levels; 4 (b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction 5 beyond thirty-five feet. The additional setback area will be maintained as landscaped open space: 6 (c) The building conforms to the requirements of Section 18.04.170 of this code; and 7 (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception 8 of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet g if the Council makes the specific findings that the protruding architectural features: (1) do not function to provide useable 1o floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties: and (4) 11 are necessary to ensure a building's design excellence.ff 12 II SECTION 4: That Title 21, Chapter 21.28 of the Carlsbad 13 Municipal Code is amended by the amendment of Section 21.28.030 to 14 read as follows: 15 "Except as otherwise provided in this section, no building in the C-2 zone shall exceed thirty-five feet or three levels in 16 height and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building 17 height may be permitted to a maximum of forty-five feet throuqh a site development plan approved by the City Council provided that: l8 levels; (a) The building does not contain more than three 19 (b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction 2. beyond thirty-five feet. The additional setback area will be maintained as landscaped open space: 21 (c) The building conforms to the requirements of Section 18.04.170 of this code; and (d) The allowed height protrusions as described In 22 Section 21.46.020 do not exceed forty-five feet; with the exception 23 Of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet 24 if the Council makes the specific findings that the protruding architectural features: (1) do not function to provide useable 25 floor area: (2) do not accommodate and/or screen buildlnq equipment; (3) do not adversely impact adjacent properties; and (3) 26 are necessary to ensure a building's design excellence. 27 2 1 The City Council may approve a height limit in excess of forty-five feet to a maximum of fifty-five feet through a site 2 development plan for a development of forty acres or more where the council finds: 3 (1) The height of the buildings will not adversely affect surrounding properties; 4 (2) The buildings will not be unduly disproportional to other buildings in the area: 5 (3) The building does not contain more than three levels: 6 (4) An increased area in contiguous heavily landscaped open space is provided adjacent to and outside of the building 7 perimeter and/or the parking lot. The property owner agrees not to develop the open space in the future. 8 The increased area to be pravided will be computed as follows: (x) feet increase in vertical height above thirty-five feet 9 multiplied by one percent of the site's building coverage square footage: 10 (5) The building conforms to the requirements of Section 18.04.170 of this code: 11 (6) The site must develop with a regional commercial use that would accommodate large anchor tenants." 12 SECTION 5: That Title 21, Chapter 21.29 of the Carlsbad 13 Municipal Code is amended by the amendment of Section 21.29.060 to 14 read as follows: 15 *INo building in the C-T zone shall exceed a height of thirty- 16 five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. 17 Additional building height may be permitted to a maximum of forty- five feet through a site development plan approved by the City 18 'Council provided that: (a) The building does not contain more than three lg levels: (b) All required setbacks shall be increased at a ratio 2. of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be 21 maintained as landscaped open space: (c) The building conforms to the requirements of Section 22 18.04.170 of this code; and (d) The allowed height protrusions as described in 23 Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or 24 architectural towers which may be permitted up to fifty-five feet if the Council makes the specific findings that the protruding 25 architectural features: (1) do not function to provide useable floor area; (2) do not accommodate and/or screen building 26 equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. 27 ' 28 3 1 SECTION 6: That Title 21, Chapter 21.30 of the Carlsbad 2 Municipal Code is amended by the amendment of Section 21.30.030 to 3 read as follows: 4 5 6 7 a 9 10 11 12 I.3 14 15 16 17 "No building in the C-M zone shall exceed a height of thirty- five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty- five feet by the Planning Director provided that: (a) The building does not contain more than three levels; (b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; and (c) The building conforms to the requirements of Section 18.04.170 of this code: and (d) The allowed height, protrusions as described in Section 21.46'.020 do not exceed forty-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the Planning Director makes the specific findings that the protruding architectural features: (1) do not function to provide useable floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. Building heights in excess of forty-five feet may be approved through a specific plan approved by the City Counci1.l' SECTION 7: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended by the amendment of Section 21.32.050 to 18 read as follows: 19 I "No building in the M zone shall exceed a height of thirty- 20 five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. 21 'Additional building height may be permitted to a maximum of forty- five feet by the Planning Director provided that: 22 (a) The building does not contain more than three levels: 2.3 (b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction 24 beyond thirty-five feet. The additional setback area will be maintained as landscaped open space: 25 (c) The building conforms to the requirements of Section 18iO4.170 of this code: and 26 (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception 27 I of architectural features such as flagpoles, steeples or 28 I/ 4 - A architectural towers which may be permitted up to fifty-five feet if the Planning Director makes the specific findings that the protruding architectural features: (1) do not function to provide useable floor area; (2) do not accommodate and/or screen building equipment t (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. Building heights in excess of forty-five feet may be approved through a specific plan approved by the City Council.W* 5 SECTION 8: That Title 21, Chapter 21.34 of the Carlsbad 6 Municipal Code is amended by the amendment of Section 21.34.070(l) 7 to read as follows: a 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 “(1) Building Height. No building in the P-M zone shall exceed a height of thirty-five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet by the Planning Director provided that: (a) The building does not contain more than three levels: (b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; and (c) The building conforms to the requirements of Section 18.04.170 of this code; and (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the Planning Director makes the specific findings that the protruding architectural features: (1) do not function to provide useable floor area: (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. Building heights in excess of forty-five feet may be approved through a specific plan approved by the City Council.** SECTION 9: That Title 21, Chapter 21.46 is amended by the amendment of Section 21.46.020 to read as follows: 23 **21.46.020. Allowed Protrusions Abo e Heiaht Limits. 24 Roof structures specifically forV the housing of elevators, stairways, tanks, ventilating fans or similar equipment 25 required to operate and maintain the building, fire or parapet walls, skylights, architectural towers, flagpoles, chimneys, smoke- 26 stacks, wireless masts and similar structures may be erected above 27 ' 28 5 - 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 the height limits prescribed in this title but no roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space, or be taller than the minimum height requirement to accommodate or enclose the intended use. However, the exception in this section does not apply if there is a specific provision in this title for the above-described protrusions or for protrusions which are architectural features." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 4th day of MAY , 1993, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 11th day of MAY I 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: L&!u#JL ALETHA L. RAUTENKRANZ, City Cle&c 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 r 20 21 22 23 24 25 26 27 28 - EXHIBIT 2 PLANNING COMMISSION RESOLUTION NO. 3495 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALJFORNLA, RECOMMENDtNG APPROVAL OF A ZONE CODE AMENDMENT, AMENDING VARIOUS TITLES AND CHAPTERS OF THE CARLSBAD MUNICIPAL CODE TO ALLOW ARCHITECTURAL PROTRUSIONS ABOVE HEIGHT LIMITS IN THE R-P, C-l, 0, C-2, C-T, C-M, M AND PM ZONES CITYWIDE. CASE NAME: NON-RESIDENTIAL BUILDING HEIGHT CASE NO: PROTRUSIONS ZCA 92-06 WHEREAS, the Planning Commission did on the 3rd day of February, 1993, hold a duly noticed public heating as prescribed ‘by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are tme and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 92-06, according to Exhibit(s) “A”, dated February 3,1993, attached hereto and made a part hereof, based on the following findings: Findims: 1. Thepm3pedzonecode -wincarxyoutthePlanning-onalld city~~ti~toprovidefar~afihitecturatprotrusionsa~~ blliWlgheightlimitsintheaffectdurnesifpraposedwithinthe~ext0f appmphte scale and architectural hmovatio~~ 2. The~~t~whichoftheallowedprotrusiansabovebuildingheight limits(architectural.nan-architectural))persection21.46.020canbeallowed andtowhatheightinamzmnm tlwisconsistentwithrecentcoderwisions reganbgbuild.illgh!eightsand XXlhhhS~~tiOllStO-codeprovisions forthezxmes~W c 1 2 3 4 .5 6 7 8 9 1C 11 12 12 14 15 16 17 1e 1s 2c 21 22 23 24 25 26 27 28 3. 4. 5. 6. The zone code amendment is consistent with the Cl@ General Plan by regulating against out of scale protrusions on large buildings which will help to maintain the citf~ exist&g scenic and visual resources. The ambent will regulate the occurremx and height of the allowed pmmsions in Section 2146.020 in a manner consistent with the city’s general development intensity and scale of buildings for the zones involved. The amendment will place height iimits on the protrusions of Section 21.46.020 for the zones involved because cuxrently the protrusions have an unlimited height potential. The amendment will not cause any significant environmental impacts since the proposed code revisions are refinements to exkting regulations which received emiromnental review as described in the Negative Declaration issued by the Planning Director onMay 2, 1991. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993, by the.following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Noble; Commissioners: Schlehuber, Schramm, Welshons, Savary, Erwin & Hall. None. None. None. BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HChZMII&R Planning Director PC RESO NO. 3495 -2- DATE: TO: FROM: SUBJECT: I. That the ,- EXHIBIT 3 APPLICATION COMPLETE DATE: AUGUST 27. 1992 PROJECX PLANNER: ERIC MUNOZ STAFF REPORT 0 4 & FEBRUARY 3, 1993 PLANNING COMMISSION PLANNING DEPARTMENT ZCA 92-06 - NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - Proposed amendments to the Zoning Ordinance to allow for architectural projections that do not accommodate additional floor area or building equipment to exceed height limits in the R-P, C-l, 0, C-2, C-T, C-M, M and P-M zones Citywide. * RECOMMENDATION Planning Commission ADOPT Planning Commission Resolution No. 3495 recommending APPROVAL of ZCA 92-06, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On July 14,1992, the City Council approved ZCA 92-01. In doing so, the Council carried forward a Planning Commission recommendation to approve two components of the zone code amendment (ZCA) regarding: (1) circumstances which would allow 35 foot high/3 story single family and duplex residences; and (2) a revision to the underground parking definition. In keeping with the Commission’s recommendation, the City Council returned a third component of the ZCA to the Planning Commission for further consideration. The third component of ZCA 92-l centers around the fact that currently the code allows for an unlimited height potential for the protrusions above height limits as described in Section 21.46.020 of the Zoning Ordinance. This section of the code describes architectural as well as non-architectural projections (like mechanical equipment enclosures and screening walls) which are permitted above height limits. Under Section 9 of the proposed ordinance (attached to planning Commission Resolution No. 3495) Section 21.46.020 can be referenced. A minor wording addition to help implement this code amendment is proposed to Section 21.46.020. Even though height limits were modified for the zones involved to allow a height increase from 35 to 45 feet subject to three findings (per ZCA 91-3 approved by Council on October 8, 1991), it became apparent that some kind of height regulation for the allowed ZCA 92-06 NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS FEBRUARY 3, 1993 protrusions per 21.46.020 was needed to prevent a 45 foot high building from having an unlimited height potential for protrusions on top of it. The reason for allowing a height increase to 45 feet through ZCA 91-3 for the 0, C-2, C-T, C-M, M and PM zones was to allow for three level structures’ with good architectural design to be built within a reasonable height limit and not to allow for a general increase in building height and mass. The 45 foot height limit (with required findings) allows for up to three 14 foot high levels (typical levels are 9-12 ft. high) and three feet for mechanical/rooftop screening. Staffs initial recommendation to address this issue was contained in ZCA 92-1 which proposed that none of the protrusions per Section 21.46.020 be allowed above 45 feet. This would have required that a building’s design with all architecture, roof equipment/screening walls, etc. be achieved within the 45 foot maximum height limit. The Planning Commission agreed that protrusions such as mechanical and rooftop screening, parapet walls, stairway and equipment enclosures and protrusions which add usable floor area should be limited to 45 feet. However, the Commission felt that the code should contain some allowance for exceptional or innovative building designs which may involve an architectural tower, steeple, clock tower or other protruding feature. Therefore, the Commission recommended to Council that this third component of ZCA 92-1 regarding non-residential building height protrusions be returned to staff and the Commission for further consideration. The City Council agenda bill for ZCA 92-l of July 14,1992 (without attachments) is attached. To address this issue, staff researched the building heights of existing projects in the City which have an architectural protrusion or projection above the height limit. With the exceptions of Pea Soup Andersen’s landmark windmill and the regional shopping mall buildings, a peak height of about 46 feet corresponded with the architectural projections of the large industrial and commercial projects reviewed. The existing projects were approved and built with a 35 foot height limit with the protrusions allowed per Section 21.46.020. Recognizing the heights of existing projects and the desire to allow for some architectural flexibility while remaining consistent with the newly revised building height regulations, staff has developed a proposal which is the subject of this zone code amendment. The proposal is summarized in the attached Summary Table and is further described in the analysis section below. Essentially, the proposal allows for up to ten feet of purely architectural projections above building height limits for the zones involved. Staff has included two additional zones: (Residential-Professional (R-P) and Neighborhood Commercial (C-l)) into the scope of this code amendment because they have similar issues and situations as the non-residential zones already involved. The discussion below corresponds with the attached ZCA 92-6 Summary Table. . ZCA 92-06 NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS FEBRUARY 3, 1993 PAGE 3 ANALYSIS A. PLANNING ISSUES 1. Does the zone code amendment establish maximum height parameters for the allowed protrusions of Section 21.46.020? Do these height parameters distinguish between purely architectural protrusions and non-architectural protrusions which may accommodate/screen building equipment or provide usable floor area? 2. What conditions, assurances and findings are associated with the allowance for architectural protrusions above a height limit? B. DISCUSSION R-P AND C-l ZONES These zones are typically found adjacent to residential areas and zones within the City. As transitional zones they need to provide development standards which allow for the blending of residential and non-residential areas. Currently there are no regulations for the height limits associated with the allowed protrusions per Section 21.46.020. The current height limit in these zones is 35 feet. ZCA 92-06 proposes to allow only architectural projections up to 45 feet through a site development plan (SDP) approved by the Planning Commission subject to four specific findings. The findings require that the protruding architectural features do not: (1) function to provide usable floor area; (2) accommodate and/or screen building equipment; (3) adversely impact adjacent properties; and (4) are necessary to ensure a building’s design excellence while not overly developing the particular site involved. Non-architectural protrusions as described in Section 21.46.020 such as parapet screening walls and rooftop equipment enclosures would not be allowed above the 35 foot building height limit. The R-P zone has a height limit of 18 feet for accessory structures. This code amendment would prevent any protrusions on accessory structures from exceeding 18 feet. 0. C-2 AND C-T ZONES These zones currently have a height limit of 35 feet/3 levels with the allowance to build to 45 feet/3 levels subject to certain standard conditions through a SDP approved by the City Council. ZCA 92-06 proposes to modify the height limit to be 35 feet/3 levels provided the allowed protrusions per Section 21.46.020 do not exceed 45 feet. To allow a building height increase to 45 feet, this proposal would add, a provision as part of the Council approved SDP that purely architectural protrusions up to 55 feet could be allowed in accordance with the four findings stated in the R-P/C-l discussion above. In this way these zones do not have the potential for a protrusion per Section 21.46.020 of unlimited height whether the 35 foot or 45 foot (with conditions) height limit is implemented. The C-2 zone differs from the 0 and C-T zones in that there is a provision for regional ZCA 92-06 NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS FEBRUARY3,1993 PAGE4 commercial buildings with a maximum height of up to 55 feet subject to certain conditions. C-M. M AND P-M ZONES These industrial zones currently have a 35 foot/3 level height limit with the provision to build to 45 feet/3 levels per standard conditions as approved by the Planning Director, Most projects in the C-M and M zones require only a building permit which goes through a Planning plan check for conformance with the zoning ordinance. Development in the P- M zones requires a Planned Industrial Permit which is approved by the Planning Director. As with the other zones involved in this code amendment, no specific limitations exist regarding the heights of the allowed protrusions outlined in Section 21.46.020. Similar to the 0, C-2 and C-T zones above, ZCA 92-06 would modify the height limit to be 35 feet/3 levels provided the allowed protrusions per Section 21.46.020 do not exceed 45 feet. Likewise, in addition to making the required findings to increase building height to 45 feet, the Planning Director may allow purely architectural protrusions up to 55 feet per the four findings as shown above for the R-P/C-l and O/C-2/C-T zones. The C-M, M and P-M zones currently have another provision in the code which allows for building heights above 45 feet to be allowed by a specific plan approved by the City Council. This code amendment will not modify this existing provision. In summary, this zone code amendment allows for up to ten feet of purely architectural projections above a maxim- height limit in most (. .ses; and regulates how high and when non-architectural projections (stairway enclosures, screening parapet walls, mechanical enclosures, etc.) may occur. The allowed protrusions of Section 21.46.020 will no longer have an open ended, unlimited height potential. Staff feels this is appropriate given the City’s overall development intensity and scale of buildings in these zones. ZCA 92-06 also maintains consistency with recent code revisions while minimizing modifications to the current code provisions regarding building height limitations in the zones involved. ENVIRONMENTAL REVIEW This zone code amendment does not involve a development application, so there will be no environmental impacts resulting from this action. The proposed code amendments and regulations will be part of the development standards with which future projects shall comply. All future projects will undergo standard environmental review. in addition, this zone code amendment proposes refinements to the regulations set forth by ZCA 91-03 which underwent publicly noticed environmental review and was approved (including approval of the Negative Declaration) by the City Council on October 8, 1991. Since currently there are no height restrictions associated with the protrusions of Section 21.46.020, this ZCA would implement more restrictive development standards than currently exist. Therefore, this code amendment would create less potentially adverse visual/aesthetic impacts and will not have a significant adverse impact on the environment. ZCA 92-06 NON-RESIDENTIAL, BUILDING HEIGHT PROTRUSIONS FEBRUARY 3,1993 PAGE 5 ATTACHMENTS 1. Planning Commission Resolution No. 3495 2. ZCA 92-06 Summary Table 3. City Council Agenda Bill of July 14, 1992. JWM:klll lkemkr 31,1992 d 1 I I I ABx /I744 MTG. 2izgG- DEPT. PLN CITY 7 CARLS’BAD - AGENDJ-3lLL ~~ ~- TITLE: AMENDMENT TO TITLE 21 - BUILDING ---XEIGBT/UNDERGROUND PARKING REVIBIONB ZCA 92-l CITY MGR,-& RECOMMENDED ACTION: . Both staff and the Planning Commission are recommending that the City Council INTRODUCE Ordinance No. &-d&d APPROVING ZCA 92-l amending various chapters and sections of the'zoning Ordinance to (1) change the minimum lot size and zoning that would allow up to 3 stories/35 feet in height for R-l zones from R-1-15 to R-1-20, and (2) modify the underground parking definition; and by minute motion direct staff to return to the Planning Commission for further consideration of allowable protrusions above height limits. ITEM EXPLANATION On October 8, 1991 the City Council approved ZCA 91-3 which established a new building height definition and made height changes to various zones Citywide. In response to a petition received at th.e public hearing, Council directed staff to consider various options to address the issue of structures exceeding 30 feet/2* stories on infill lots in the R-1-15 zones north of Agua Hedionda Lagoon and report back to Council. On January 7, 1992 .staff reported back to Council and recommended adoption of a Resolution of Intention (ROI 92-7) to process a zone code amendment to change the minimum lot size and zoning that would allow up to 35 feet/3 stories for single family structures from R-1-15 to R-1-20 zones. ROI 92-7 also addressed a loophole in the underground parking definition. wh_ich surfaced since_..th.~_.C)c~~bar 8 F 1995.appro_\l.~l...of_..ZCA 91-3~, . As originally-approved, an underground parking area may be just inches below existing grade to not be considered a tlstorylt. --.. . The orlgiil'a=---, --~.. ------.- --- intent was to--have-~-~d~~~ou~~----parking be truly underground and therefore, not be counted as a story or a level. Therefore, as now proposed in ZCA 92-1, an underground parking area ; must qualify as a Itbasement" to not be considered a "story@'. That way the parking area would have to be more underground than above ground. On March 4, 1991, the Planning Commission conducted a public hearing to consider ZCA 92-l. As explained in the attached staff report, ZCA 92-l carried forward the recommendations of ROI 92-7 regarding (1) 35 foot/3 story structures in R-1-20 zones or greater with 20,000 square foot minimum lot sizes and (2) modification of the underground parking definition, both as described above. A third issue which had come to staff's attention during project review was also brought to the Planning Commission in ZCA 92-l. It focused on restricting allowable protrusions above maximum building heights in certain commercial and industrial zones. Staff proposed to clarify the wording of Section 21.46.020 and to prohibit protrusions from exceeding 45 feet in certain non-residential zones where a specific plan would not apply. Staff proposed to prohibit any protrusions above 45 feet for the P-M, C-M, M, 0, C-2 and C-T zones because ZCA 91-3 (approved October 8, 1991) increased the height in these zones from 35 feet to 45 feet subject to certain findings. The increased height was intended to remove rooftop equipment while allowing for PAGE 2 OF AGENDA BILL NO. a 3 story non-residential structure. However, the Commission felt that there may be certain situations where an architectural tower or projection could exceed 45 feet in these zones if approved through a discretionary action. . The Planning Commission's recommendation was to approve the necessary zone code amendments in regards to issues (1) and (2) above. The attached ordinance reflects the zone code amendments as recommended for approval by the Planning Commission. The Commission further recommended that the third issue regarding the allowed protrusions above height limits be returned to the Commission by the City Council for further review. Of concern to the Commission was the provision that would have prohibited any protrusions above 45 ,feet (including flagpoles and architectural towers/features) for the P-M, C-M, M, 0, C-2 and C-T zones where a specific plan does not . apply l ENVIRONMENTAL REVIEW Since the proposed height restrictions are refinements to the changes made by ZCA 91-3, environmental review has already been completed and resulted in the approval of a Negative Declaration on October 8, 1991. . I FISCAL IMPACT There will be no fiscal impacts from the adoption and implementation of the proposed building height regulations. _I EXHIBITS . 1. City Council Ordinance No. m-24 4 2. Planning Commission Resolution No. 3347 3. Staff Report dated March 4, 1992 4. Excerpts of Planning Commission Minutes dated March 4, 1992. . EXHMT 4 PLANNING COMMISSION February 3,1993 PAGE 6 issioner Erwin inquired why the 15 year term was used rather than 30 years. Mi ector, replied that at the time this agreement was started, the lnclusi As a result, the items in the agreement were negotiated on an indi date. Staff had no idea at that time what the tenure in the ordinan the end of 15 years. Mr. Housing & Redevelopment, comment er to get the necessary le units, it is likely that the units will h affordable beyond 15 years. to this particular agreement. Mr. venue bonds are required to finance the of requiring a term whi Commissioner Erwin inquir the financing require it. Mr There being no other persons de ress the Commission on this topic, Chairman Noble declared the public testimony closed and o em for discussion among the Commission members. missioner Welshons, and duly seconded, to adopt Planning o. 3488 recommending approval of the Negative Declaration tor, and adopt Planning Commission Resolution No. 3489 ncil approval of Dl 92-05, based on the findings an Noble, Commissione in, Hall, Savary, Schlehuber, Schramm, and e Planning Commission recessed at 7:09 p.m. and reconve PUBLIC HEARINGS: 4. ZCA 92-06 - NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - Proposed amendments to the Zoning Ordinance to allow for architectural projections that do not accommodate additional floor area or building equipment to exceed height limits in the R-P, C- 1, 0, C-2, C-T, C-M, M and P-M zones Citywide. Eric Munoz, Associate Planner, reviewed the background of the request and stated that ZCA 92-06 is a follow-up to ZCA 92-01 which was approved by the City Council on July 14, 1992. ZCA 92-01 contained three components: (1) the circumstances which would allow the 30 ft./2 story height limit to be exceeded for a single family dwelling; and (2) clarification of the definition for underground parking. The third component dealt with height protrusions beyond 45 ft. in non-residential zones, i.e. towers, chimneys, steeples, and mechanical equipment enclosures, etc. Eight non-residential zones are affected. ZCA 92-06 proposes a 55 ft. height limit on architectural protrusions, with some exceptions. He showed a slide presentation showing several non-residential buildings throughout the City, some of which exceed the 45 ft. height limit. MINUTES PLANNING COMMISSION February 3,1993 PAGE 7 Chairman Noble opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: VOTE: AYES: NOES: ABSTAIN: Motion was made by Commissioner Erwin, and duly seconded, to adopt Planning Commission Resolution No. 3495 recommending approval of ZCA 92-06, based on the findings contained therein. 7-o Chairman Noble, Commissioners Erwin, Hall, Savary, Schlehuber, Schramm, and Welshons None None GPA 92-09/LCPA 92-02/ZC 92-01 - CITY OF CARLSBAD - BEACH AREA LAND USE,$TUDY - Proposed changes to General Plan, Local Coastal Plan and Zoning designations City Council-directed land use study for an area generally located in the so Area Overlay Zone, within Local Facilities Management Zone 1 and the M Plan. \ anner, reviewed the background of the request that the Beach Area a result of the North-Beach Planning and Traffi BPTS) which was done in the late 1980’s. I at traffic issues and land uses for the bea a, the NBPTS identified some residential areas that developing or had the potential land use incompatibilities between smaller seal ily residences and larger scale y projects. The issue of preserving the existing sin character and scale of th hborhood was raised by the NBPTS and was expressed in the addressed tonight is located in the southern portion of the Be inus of Garfield Street. The study area has 35 lots containi pments, with several lots that are either vacant or could ese lots could significantly change neighborhood character. mix of single family and multi-family zoning. Staff conducted a land use study that incl the study area. Over a three month of retaining R-l zoning wi on the research and input f certified mailings to all property owners within and assessed all input regarding the desirability ed from all but five property owners. Based staff is recommending the implementation rminate the current conflicts within the study zrg an overhead pr{ ’ Mr. Munoz showed diagrams of the Ls eflect. roposed zonrng and General Plan designations and discus in detail each of the proposed changes , for the record, that he had received a letter from ired if their property would be affected. Mr. effect on the Kelly’s property. However, the -conforming use. If they were to redevelop ired if everyone in the study area was n addition, it was also noticed in the g about the hearing. - c Carlsbad SUN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next ,p 1 I. :‘,::I. ,’ i,t P; :’ .,: NON-RESIDEl#TIAL ‘BtJi%lDING II. ,.) i HEIGHT PROTRtt&@J~ .: / /;:; ._ ‘NOTICE IS HEREBY GIVEN that the City C6un&l qf the City of Carl- .’ +-sbad will hold a public hearing at the City Cotidcil$ti~rhb&rs, 1200 Carl- shad Village Drive, Carl&ad, Catifornia, at&~P.Bt&@n~Tuesday, May 4, 1993, to consider amending various chapters abd se&&&ofthe Carlsbad . ,“ -Municipal Code to allow for architrectural .projeirtions that do not c !:. hc&mmodate additional floor area or builti@ Muipment t,o exceed height limits in the R-P, C-l, 0, C-2, C-T, C-M, M, and P--‘zones citywide. . sing only those issues raised by ng descp&d *~~*~~~~~~~~~ City of Carlsbad City Clerk’s of publication of the ferred to; and that the annexed is a printed ished in each regular iid newspaper and not hereof on the follow- I 22 1993 19- 19-- 19- 19-- v’ of perjury that the correct. Executed at ;an Diego, State of '2nd i, 1993 Clerk of the Printer FlPR 21 ‘93 II:88 SOUTHCWST ’ P.l NOTICE OF PUBLIC HEARING ZCA 62-06 NON-RESDENTRAL MRUDMUG HH6HT PROTRUSIONS NCTlCE IS HEREBY GIVEN that the City Council of the City of Carl&ad will hold a public heating at the City Council Chambers, 1200 Cartsbad Village Drive, Carfcbad, California, at 6:QO P.M., an Tua,xfay, My 4, 1993. to consider amending variwa chaptsn and oectionb of the Carlobod Munioip~l Co& to allow for architectural projections that do not accommodate additional floor area or building equipment to exceed height limits in the R-P, C-1,0, C-2, C-T, C-M, M, and P-M zones citywide. If you have any questions regarding this matter, please call Eric Munor in the Planning Department, at 436-1161, 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 correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior, to the public hearing. APPLICANT: City of Carisbad PUBLISH: April 22,1993 CARLSBAD CITY COUNCIL \l QMx)) 5A ‘, ..c!.Q QQ c-d\ cxjr,d &!. i&2- / ” THURSDAY CarlsbadCityOf-4-22 varindakate 4-20 ..c J,33 - ‘2333 y 3-5-O . . .I -iv > ..* _.. : NOTICE OF PUBLIC HEARING ZCA 92-06 NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, May 4, 1993, to consider amending various chapters and sections of the Carlsbad Municipal Code to allow for architectural projections that do not aocommodate additional floor area or building equipment to exceed height limits in the R-P, C-l, 0, C-2, C-T, C-M, M, and P-M zones citywide. If you have any questions regarding this matter, please call Eric Munoz in the Planning Department, at 438-1161, 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 correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior, to the public hearing. APPLICANT: City of Carlsbad PUBLISH: April 22, 1993 CARLSBAD CITY COUNCIL (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - ZCA 92-06 for a public hearing before the City Council. I Please notice the item for the council meeting of . Thank you. MARTY ORENYAK Assistant City Manager 415193 Date . NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, February 3, 1993, to consider proposed amendments to the Zoning Ordinance to allow for architectural projections that do not accommodate additional floor area or building equipment to exceed height limits in the R- P, C-l, 0, C-2, C-T, C-M, M and P-M zones Citywide. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after January 27, 1993. If you have any questions, please call Eric Munoz in the Planning Department at 438-1161, ext. 4441. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 92-06 CASE NAME: NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS ’ PUBLISH: BLADE CITIZEN JANUARY 22, 1993 CARLSBAD JOURNAL - JANUARY 21, 1993 CITY OF CARLSBAD PLANNING COMMISSION ENM:km 1. ,. ., ‘. ‘I *., ,,’ ,- :. ” ;, . . .‘> ,,:,. ; .I. ,, . ,I : ;: ‘.,( I ,‘. ‘; .,_ : ,’ ,, ; .:I ,. ., ,’ i .’ : : ‘, ‘,.’ ,, ‘. .’ ; .. . . ,.‘, : ,I i’ ‘. . . . :. _. ,’ i , : . . -. : /:, ’ I . .