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HomeMy WebLinkAbout1993-05-11; City Council; 12222; Non Residential Building Height ProtrusionsVW OF CARLSBAD - AGE-1 BILL MTG.q,!!gij- ADOPTION OF ORDINANCE NO. NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - ZCA 926 RECOMMENDED ACTION: Adopt Ordinance No. NS-240, 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. ITEM EXPLANATION Ordinance No. NS-240 was introduced at the regular City Council meeting of May 4, 1993. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published in the “Carlsbad Sun” within fifteen days, if adopted. FISCAL IMPACX See Agenda Bill No. 12,208 on file with the City Clerk. 1. Ordinance No. NS-240. n 9 & II % . . E i$ d E 8 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 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 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) to read as follows: " (8) Height Limits. In the R-P zone the maximum building height, including the protrusions described in Section 21.46.020, shall be: (a) Habitable buildings, thirty-five feet. 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: and (b) Accessory buildings, eighteen feet." SECTION 2: That Title 21, Chapter 21.26 of the Carlsbad Municipal Code is amended by the amendment of Section 21.26.030 to read as follows: "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." SECTION 3: That Title 21, Chapter 21.27 of the Carlsbad Municipal Code is amended by the amendment of Section 21.27.050(3) to read as follows: "(3) Building Height. The'maximum height of structures 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 Cd) 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." 12 SECTION 4: That Title 21, Chapter 21.28 of the Carlsbad 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Municipal Code is amended by the amendment of Section 21.28.030 to read as follows: "Except as otherwise provided in this section, no building in the C-2 zone shall exceed thirty-five feet or three levels in height 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 through a site development plan approved by the City Council 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: (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 Council 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. 27 28 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 The City Council may approve a height limit in excess of forty-five feet to a maximum of fifty-five feet through a site development plan for a development of forty acres or more where the council finds: (1) The height of the buildings will not adversely affect surrounding properties; (2) The buildings will not be unduly disproportional to other buildings in the area; (3) The building does not contain more than three levels: (4) An increased area in contiguous heavily landscaped open space is provided adjacent to and outside of the building perimeter and/or the parking lot. The property owner agrees not to develop the open space in the future. The increased area to be provided will be computed as follows: (x) feet increase in vertical height above thirty-five feet multiplied by one percent of the site's building coverage square footage: (5) The building conforms to the requirements of Section 18.04.170 of this code; (6) The site must develop with a regional commercial use that would accommodate large anchor tenants." SECTION 5: That Title 21, Chapter 21.29 of the Carlsbad Municipal Code is amended by the amendment of Section 21.29.060 to read as follows: "No building in the C-T 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 through a site development plan approved by the City Council 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: (c) The building conforms to the requirements of Section 18.04.170 of this code: and Cd) 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 Council 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. 3 SECTION 6: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is amended by the amendment of Section 21.30.030 to read as follows: "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 Council.ff SECTION 7: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended by the amendment of Section 21.32.050 to read as follows: IfNo building in the 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; (c) The building conforms to the requirements of Section 18;04.170 of this code; and Cd) 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 4 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.'f 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: 8 "(1) Building Height. No building in the P-M zone shall g exceed a height of thirty-five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not 10 exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet by the Planning Director 11 provided that: (a) The building does not contain more than three 12 levels; (b) All required setbacks shall be increased at a ratio 13 of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be 14 maintained as landscaped open space: and (c) The building conforms to the requirements of Section 15 18.04.170 of this code; and (d) The allowed height protrusions as described in 16 Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or 17 architectural towers which may be permitted up to fifty-five feet if the Planning Director makes the specific findings that the 18 protruding architectural features: (1) do not function to provide useable floor area; (2) do not accommodate and/or screen building 1g equipment; (3) do not adversely impact adjacent properties: and (4) are necessary to ensure a building's design excellence. 20 Building heights in excess of forty-five feet may be approved through a specific plan approved by the City Council.ff 21 I/ SECTION 9: That Title 21, Chapter 21.46 is amended by 22 II the amendment of Section 21.46.020 to read as follows: 23 24 25 26 27 28 "21.46.020. Allowed Protrusions Above Heiuht Limits. Roof structures specifically for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, architectural towers, flagpoles, chimneys, smoke- stacks, wireless masts and similar structures may be erected above 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 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." II 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 II ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: Ll.daidL ALETHA L. RAUTENKRANZ, City Cle??k 6