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HomeMy WebLinkAbout2000-01-25; City Council; 15590; Basement Definition Revisionh - CITY OF CARLSBAD -AGENDA BILL BASEMENT DEFINITION REVISION ZCA 99-07lLCPA 99-07 DEPT. HD. CITY ATTY. CITY MGR /+-- RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. Ms*532, APPROVING ZCA 99-07, to revise the City’s “basement” definition to the Carlsbad Municipal Code and ADOPT Resolution No. 2000 -a,7 (LCPA 99-07) AMENDING all segments of the City’s Local Coastal Program. ITEM EXPLANATION: With the 1999 approval and establishment of the Commercial/Visitor-Serving Overlay Zone, certain follow-up tasks were supported by the City Council. The first such task was to modify the citywide definition of “basement”. The current basement definition requires that more of the basement area be submerged below adjacent grade as opposed to emerged above grade. However, that definition only has to apply to 50% of the building’s perimeter; the other 50% of the building perimeter need not comply with the definition and can therefore have the appearance of a four story structure (when three stories is the maximum for non-residential projects). The zone code amendment centers on the 50% criteria and proposes to increase it to 75%. With the revised basement definition, only 25% of the building’s perimeter can be exempt as opposed to 50% per the current definition. The long term benefit of the basement definition revision will be the development of basement areas that are truly submerged below adjacent grade for most of a given building’s perimeter (75%) as opposed to only half of a given building’s perimeter (50%). The Planning Commission reviewed the zone code/local coastal program amendments at the January 5, 2000, Planning Commission hearing and recommended that the City Council approve the proposal with a 7-O vote. Since this zone code amendment would apply citywide, a companion amendment to the City’s Local Coastal Program (LCPA 99-07) is also proposed so that the basement definition revision can become effective within the coastal zone. FISCAL IMPACT: There will be a minimal fiscal impact resulting from the expenditures of staff time required to complete the processing of documents through the Coastal Commission. EXHIBITS: 1. Ordinance No. NS-53A 2. City Council Resolution No. 200 B - 29 3. Planning Commission Resolutions No. 4706 and 4707 4. Planning Commission Staff Report, dated January 5, 2000 5. Draft Excerpts of Planning Commission Minutes, dated January 5, 2000. 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-532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE MODIFICATION OF THE CITY’S BASEMENT DEFINITION CASE NAME: BASEMENT DEFINITION REVISION CASE NO.: ZCA 99-07/LCPA 99-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 21.04.045 of the Carlsbad Municipal Code is amended to read as follows: “21.04.045 Basement. “Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade as measured along the exterior (immediately outside of “building coverage”) perimeter of the structure but so located that the vertical distance from exterior grade to the adjacent interior floor below is more than the vertical distance from exterior grade to adjacent interior ceiling. This definition must apply to a minimum of seventy-five percent of the perimeter of building coverage for a structure to qualify as a basement. The portion of a basement that is below existing grade is not included in the measurement of building height (as defined in Section 21.04.065). Notwithstanding Chapter 21.48 of this Code, existing buildings and projects which have a complete application or received discretionary approvals by January 25, 2000, or if no discretionary approvals are required, then development projects for which a building permit has been issued by January 25,2000, shall not be considered non-conforming.” 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be eflective within the City’s Coastal Zone until approved by the California Coastal Commission.) I// f/l f/f l/f . INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of ,2000, and thereafter. January PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ,2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk -2- 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 - RESOLUTION NO. 2***-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY’S LOCAL COASTAL PROGRAM TO REVISE THE CITYWIDE DEFINITION OF “BASEMENT” CASE NAME: BASEMENT DEFINITION REVISION CASE NO.: LCPA 99-07 WHEREAS, on January 5, 2000, the Planning Commission held a duly noticed public hearing as prescribed by law to consider Local Coastal Program Amendment LCPA 99- 07 and adopted Planning Commission Resolution No. 4706 recommending to the City Council that it be approved; and, WHEREAS, LCPA 99-07 will implement the proposed basement definition since coastal zone properties are located within the city and the revised definition would apply citywide; and, WHEREAS, the revised basement definition will not have any adverse impacts to shoreline resources or coastal zone policies regarding coastal access; and, WHEREAS, the approval of LCPA 99-07 will include a companion amendment to the Zoning Ordinance (ZCA 99-07), which upon adoption, will implement the revised definition; WHEREAS, the City Council did, on the 25th day of January ,2000, hold a duly noticed public hearing as prescribed by law to consider the proposed amendments to the Zoning Ordinance and the City’s Local Coastal Program; and, WHEREAS, as said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating the Local Coastal Program Amendment. follows: The City Council of the City of Carlsbad, California, does hereby resolve as 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolution No. 4706 constitute the findings of the City Council in this matter. -. -. 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 3. That the Local Coastal Program Amendment, LCPA 99-07, is approved as shown in Planning Commission Resolution No. 4706, and Ordinance NS- , on file with the City Clerk and incorporated herein by reference. 532 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 25th day of January 2000, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin NOES: Council Member Hall ABSENT: None ATTEST: OrmA .- *_--_--------.I----_--~- u wu+h-s~-~~~-r~ LORRAINE M. WOOD, City Clerk (SEAL) -2- 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 EXHMT 3 II PLANNING COMMISSION RESOLUTION NO. 4706 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AMENDING SECTION 21.04.045 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY THE DEFINITION OF BASEMENT CASE NAME: BASEMENT DEFINITION REVISION CASE NO: ZCA 99-07 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: Revise the basement definition to require seventy-five percent of a building’s perimeter to meet the basement definition as opposed only fifty percent as contained in the current definition; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated, January 5, 2000, and attached hereto BASEMENT DEFINITON REVISION ZCA 99-07/LCPA 99-07; and WHEREAS, the Planning Commission did on the 5th day of January, 2000, hold a duly noticed public hearing 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; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ZCA 99-07, based on the following findings: FindinPs 1. That the proposed Zone Code Amendment ZCA 99-07 is consistent with the General Plan in that it will/require basement areas of future structures to be even more underground than what the current basement definition permits. Currently fifty percent of the perimeter of a basement area must qualify as a basement which means half of the basement area has to comply with the definition while the other half does not. The proposed amendment to require seventy-five percent of the basement area to qualify as a basement will result in the overall submergence of these features on three sides of a given structure leaving only one side that does not need to meet the basement definition. By requiring basement areas to be even more submerged, as opposed to emerged, relative to existing grade, architectural and building mass compatibility will be enhanced in general terms citywide., 7 2. That the proposed ZCA reflects sound principles of good planning in that basement 8 areas need to be required to be located below grade to the maximum extent possible through the use of zoning definitions. 9 10 11 12 13 3. That the Planning Director has determined that it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment in that the proposed Zone Code Amendment does not involve a specific development proposal; and implementing the revised “basement” definition will not create new or significant environmental impacts. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 15 16 Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the following vote, to wit: 17 18 AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: 23 24 I/ WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION 25 II PC RESO NO. 4706 -2- 7 II A 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4707 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO ALL SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO MODIFY THE CITYWIDE BASEMENT DEFINITION IN THE ZONING ORDINANCE CASE NAME: BASEMENT DEFINITION REVISION CASE NO: LCPA 99-07 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning regulations for properties in the Coastal Zone be in conformance; and WHEREAS, the Zoning Ordinance is the implementing ordinance for the City’s Local Coastal Program; and WHEREAS, a verified application request for a Local Coastal Program Amendment as shown on Exhibit “X” dated January 5, 2000 as attached to Planning Commission Resolution No. 4706 and incorporated herein by reference, as provided in Public Resources Code Section 30574 and .Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 5th day of January 2000, hold a duly noticed public hearing 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 Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 4 B) Cl Findings - That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on December 2, 1999, and ending on January 14, 2000, staff shall present to the City Council a summary of the comments received. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BASEMENT DEFINITION REVISION LCPA 99-07 based on the following findings, and subject to. the following conditions: 1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of all segments of the Carlsbad Local Coastal Program not being amended by this. amendment, in that a more restrictive’delinition for “basements” citywide will not impact any coastal or shoreline resources, access provisions or recreation policies of the coastal zone. That the proposed amendment to all six segments of the Carlsbad Local Coastal Program is required to bring it into consistency with the City’s Zoning Ordinance. PC PESO NO. 4707 -2- 1 2 3 4 5 6 7 8 9 1c il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION PC RESO NO. 4707 -3- /4 - EXHIBIT 4 The CiQ of Carlsbad Planning Department A$@ A REPORT TO THE PLANNING COMMISSION. Item No. 4 0 Application complete date: November 17, 1999 I P.C. AGENDA OF: January 5,1999 1, Project Planner: Eric Munoz I Project Engineer: N/A SUBJECT: ZCA 99-07fLCPA 99-07 - BASEMENT DEFINITION REVISION - Amendment to the Zoning Ordinance and the City’s Local Coastal Program to revise the current citywide tfbasement” definition as contained in Section 2 1.04.045 of the municipal code. I. &COMMENDATION -. ‘. That the Planning.Commission ADOPT Planning Commission Resolutions No. 4706 and 4707, RECOMMENDING APPROVAL of Zone Code Amendment ZCA 99-07 and Local Coastal Program LCPA 99-07, based on the findings contained therein. II. INTRODUCTION The current “basement” definition was established as part of the comprehensive building height regulations that were approved by the City in 1991 and 1992. Those new regulations revised the methodology for measuring building height, re-established the permitted heights for various zones, and addressed a variety of building height related issues. The “basement” definition was revised to clarify the point of building height measurement when basement areas are involved. The current definition, in general terms, requires that more of the “basement” area be below existing as opposed to above existing grade. In other words, a “basement” area is required to be more submerged than emerged relative to the existing grade around the perimeter of an existing or proposed structure. The element of the current definition that is proposed for amendment is the requirement that the ab.ove described “basement” criteria apply to fifty percent (50%) of the perimeter of a given structure. Minimal compliance with this definition would result in a structure that has two of its four sides cumpliant with the “basement” definition. Over time, certain projects have developed in accordance with the existing definition and it is staffs determination that the definition needs to become more restrictive so that at least three sides of a four sided structure with a basement complies with the “basement” definition. Therefore, the proposal is to increase the fifty percent compliance requirement to seventy-five percent (75%). The long term effect of this change will result in future basement designs that are truly subterranean, and the percentage of the structure that need not comply with the “basement” definition is reduced from 50% to 25%. Attached to this staff report is a strike-out version of the proposed ordinance change. - - I I ZCA 99-07/LCPA 99-07 BASEMENT DEFINITION REVISION January 51999 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND As described above, the need to refine the “‘basement” definition has been evident for some time. However, subsequent to the City Council’s recent approval of the Commercial/Visitor-Serving Overlay Zone in May 1999, staff was directed by the Council to carry through some identified and adopted follow-up items. One of the directed follow-up items was to revise the basement definition so that 75% of a structure’s basement area had to comply with the “basement” definition, not just 50%. Part of the justification for City Council’s direction is the fact that underground parking areas, which must qualify as “basements” to not be considered a “story” may become more desirable for certain parcels within the Overlay Zone. Revising the definition now will allow for the revision to be codified and in place for future projects. IV. ANALYSIS 1. Does the proposed amendment resolve the concerns associated with the current “basement” definition? 2. Is the proposed zone code amendment consistent with the City’s General Plan and Local Coastal Program? DISCUSSION “Basement” Definition As previously explained, the basic “basement” definition must currently apply to 50% of a structure’s perimeter. The proposal is to require that the definition apply to 75% of a structure’s perimeter. The ‘concern with the current definition is that only half of typical four sided structure needs to comply with the definition; which would give the other half of the structure a higher appearance. The proposal would require more of a given structure with a “basement*’ to be located below grade, which is the basic intent and objective of a basement area. General Plan and LCP Consistency The proposed “basement*’ definition revision does not alter any General Plan or LCP land use designations or policies. The proposed “basement” definition is more restrictive than the current definition and will promote future basement designs whereby more of an overall structure’s basement area will be located below grade as opposed to above grade. Citywide, this will help to implement the objective for allowing and regulating “basement” areas. Coastal policies will not be impacted and there will be no impacts to coastal resources from the proposed revision to the “basement” definition. Staff anticipates that the Executive Director of the Coastal Commission will approve the proposed zone code changes as a “de minimus” amendment. - .ZCA 99-07/LCPA 99-07 BASEMENT DEFINITION REVISION January 5,1999 V. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA Guidelines and will not have any adverse significant impacts on the environment. Section 15061 (b)(3) exempts projects which can be seen with certainty, will have no possibility of having a significant environmental impact. The proposed “basement” definition revision qualifies for this exemption because the change to make the definition more restrictive will not create environmental impacts when applied to applicable projects in the future. ATTACHMENTS: 1. Planning Commission Resolution No. 4706 (ZCA) 2. Planning Commission Resolution No. -4707 (LCPA) 3. Strike-out Version of Proposed Ordinance Change . . EM:mh J3 - - STRIKE-OUT VERSION OF PROPOSED ORDINANCE CHANGE REVISED BASEMENT DEFINITION: , (Strike-out text to be deleted, bold text to be added) 2 1.04.045 Basement. “Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade as measured along the exterior (imniediately outside of “building coverage”) perimeter of the structure but so located that the vertical distance from exterior grade to the adjacent interior floor below is more than the vertical distance from exterior grade to adjacent interior ceiling. This definition must apply to a minimum of #@ seventy-five percent of the perimeter of building coverage for a structure to qualify as a basement. The portion of a basement that is below existing grade is not included in the measurement of building height (as defined in Section 21.04.065). _ _~. DRAFT EXHIBIT 5 4. ZCA 99-07/LCPA 99-07 - BASEMENT DEFINITION RECISION - Amendment to the Zoning Ordinance and the City’s Local Coastal Program to revise the current citywide “basement” definition as contained in Section 21.04.045 of the municipal code. Mr. Wayne stated that agenda Item #4 is a Legislative Action. It is a request by the City to amend the zone code definition of “basement” as well as implementing the ordinance of the Local Coastal Program with respect to the definition of “basement”. Eric Munoz, Senior Planner, stated that a basement is a subterranean feature. The current definition of a basement area is that it be more submerged than emerged relative to the existing grade around the perimeter of an existing or proposed structure. The element of the current definition that is proposed for amendment is the requirement that the “basement” criteria apply to 50% of the perimeter of a given structure. The other 50% may have the visual appearance of being higher than the height limit. The definition revision would increase the percentage for the perimeter to comply with the basement definition from 50% to 75%. Three sides of a four-sided building would comply with the basement definition. The long-term effect of this change will result in future basement designs that are truly subterranean, and the percentage of the structure that need not comply with the “basement” definition is reduced from 50% to 25%. In conclusion Mr. Munoz stated that part of the justification for City Council’s direction to process the proposed zone code amendment is the fact that underground parking areas, which must qualify as “basements” to not be considered a “story” may become more desirable for certain parcels within the Overlay Zone. Revising the definition now will allow for the revision to be codified and in place for future projects citywide. The revision of the “basemen” definition would ensure, in the future, a more truly subterranean basement feature. Commissioner Nielsen wanted to know how the’definition revision would affect property on Ccean Avenue on the beach side. Mr. Munoz stated that most of the properties had underground parking, which had to qualify as a basement under the old code. How far the basement goes underground is not being changed. The requirement is that it has to be more below grade than above grade. Commissioner Welshons wanted to how the revision will affect homes on Ocean Street. Mr. Wayne indicated that the hillside development and basement definition ordinances worked together. On a Hillside, only two stories are allowed in a residential area. The proposed revision would cause the loss of some height on future structures. Commissioner Welshons wanted to know the height of a parking garage. - PLANNING COMMISSION January 5,200O Page 11 Mr. Wayne responded that the typical height is 8 to 9 feet. This revision would result in underground parking garages being hidden, thus reducing structures appearing to have four stories. Commissioner Welshons asked if berming (building up of landscaping) could be prevented. Mr. Wayne indicated that berming could be controlled through approval of grade. Mr. Munoz stated that the existing grade is the baseline by which the basement is looked at for compliance. In the building height definition, existing grade can be redefined through a discretionary permit. PUBLIC TESTIMONY: As there was no public testimony, Chairperson Compas closed Public Testimony. , ACTION: Motion by Commissioner Segall and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 4706 and 4707, recommending approval of the Zone Code Amendment 99-07 and Local Coastal Program 99-07, based on the findings contained therein. VOTE: AYES: NOES: ABSTAIN: 7-o-o Heineman, Compas, L’Heureux, Segall, Trigas, Nielsen, Welshons None None 3 w -- . . ‘3 January 25,200O &q&? qh!A*3 MTHE INFORMAVON w THE CITY COUNCIL TO: CITY COUNCILMEMBERS CITY MANAGER CITY ATTORNEY FROM: Senior Planner Munoz -- - i/a/” 0 q\, DATE CITY MANAGER I 1 ZCA 9947LCPA 9947 - BASEMENT DEFINITION ERRATA SHEET On January 4, 2000, the Planning Commission considered and recommended approval of the above referenced basement definition. Since that time the issue of existing basements arose, and since the proposed zone co-de amendment did not address existing basements, staff would like to propose new wording to be added to the end of the existing wording for the basement definition. The new wording was provided by the City Attorney’s office and is shown on the attached City Council ordinance. The new proposed wording is shown in bold print. \ If the Council concurs, the new wording may be incorporated into the motion approving the basement definition revision. ERIC MUNOZ Senior Planner c -. . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE MODIFICATION OF THE CITY’S BASEMENT DEFINITION CASE NAME:. BASEMENT DEFINITION REVISION CASE NO.: ZCA 99-07/LCPA 99-07 ’ 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION 1: That Section 21 J4.045 of the Carlsbad Municipal Code is amended 8 to read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 “21.04.045 Basement. “Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade as measured along the exterior (immediately outside of “building coverage”) perimeter of the structure but so located that the vertical distance from exterior grade to the adjacent interior floor below is more than the vertical distance from exterior grade to adjacent interior ceiling. This definition must apply to a minimum of seventy-five percent of the perimeter of building coverage for a structure to qualify as a basement. The portion of a basement that is below existing grade is not included in the measurement of building height (as defined in Secti n 21.04.065). Notwithstanding Chapter 21.48 of this Code, existing buildings@er 4 qprojects which have a complete application or tieceived discretionary approvals by January 25, 2000, or if no discretionary approvals are required, then development projects for which a building permit has been issued by January 25, 2000, shall not be considered nonconforming.” 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not?withstanding the preceding, this ordinance shall not be 21 22 23 24 25 26 27 28 eflective within the City’s Coastal Zone until approved by the California Coastal Commission.) ffl ’ /If /I/ //I I!/ < 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 h INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the of day ,2000, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ,2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTE-Z, City Clerk (SE=) -3- PROOF OF PUBLICATION (2010 & 2011 C.C*P.) STATE OF CALIFORNIA 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 the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 14, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at W&J san =WS , California this 14th day Jan. 2000 of This space is for the County Clerk’s Filing Stamp Proof of Publication of Public baring NORTH COUNTY TIMES Legal Advertising h - (Form A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached arc the materials necessary for you to notice ZC 99-071 LCPA 99-07 - Basement Definition Revision for a public hearing before the City Council. Please notice the item for the council nietlng of January 25, 2000 . Thank you. * Needs to go on this date for 1st Coastal Batch January 6, 2000 Date City NOTICE OF PUBLIC HEARING 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, ‘January 5, 2000, to consider an Amendment to the Zoning Ordinance and the City’s Local Coastal Program to revise the current citywide “basement” definition as contained in Section 21.04.045 of the municipal code and more particularly described as: Revise the basement definition to require seventy-five percent of a building’s perimeter to meet the basement definition as opposed only fifty percent as contained in the current definition. 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 December. If you have any questions, please call Eric Munoz im the Planning Department at (760) 438-l 161, extension 4441. If you challenge the Zone Code Amendment and Local Coastal Program 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 99-07/LCPA 99-07 CASE NAME: BASEMENT DEFINITION REVISION PUBLISH: DECEMBER 23,1999 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 La Palmas Dr. l Carlsbad, CA 92009-1576 - (760) 438-l 161 l FAX (760) 438-0894 @ I 1 Smooth Feed SheetsTM - Use template for 5160@ C~RLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST ENCINITAS SCHOOL DIST 801 PINE AVE 1 CIVIC CENTER DR 101 RANCH0 SANTA FE RD CARLSBAD CA 92008 SAN MARCOS CA 92069 ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST LEUCADIA CNTY WATER DIST OLIVENHAIN WATER DIST 701 ENCINITAS BLVD 1960 LA COSTA AVE 1966 OLIVENHAIN RD ENCINITAS CA 92024 CARLSBAD CA 92009 ENCINITAS CA 92024 CITY OF ENCINITAS CITY OF SAN MARCOS CITY OF OCEANSIDE 505 S VULCAN AVE 1 CIVIC CENTER DR 300 NORTH COAST HWY ENCINITAS CA 92024 SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG STE 50 STE B STE 800 330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 401 B STREET LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST VALLECITOS WATER DIST 9150 CHESAPEAKE DR 788 SAN MARCOS BLVD SAN DIEGO CA 92123 SAN MARCOS CA 92069 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PROJECT PLANNER ERIC MUNOZ CA COASTAL COMMISSION STE 200 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT MUNICIPAL WATER DISTRICT CITY OF CARLSBAD IN h AWRV@ Addmss Lab& I acmr wcnQ LABELS - 5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 APPENDIX A (LIST IS REQUIRED BY COASTAL 401 B STREET COMMISSION) 1 SANDIEGO CA 92101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94 103 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 958 12-3044 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 958 14 BUSINESS, TRANSPORTATION & HSG AGENCY DEPARTMENT OF TRANSPORTATION WILLIAM G. BRENNAN ROOM 5504 DEPUTY SECRETARY AND SPECIAL COUNCIL 1120 N STREET SUITE 2450 SACRAMENTO CA 95814 980 NINTH STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS BILL FIGGE, TRANSPORTATION PLANNING MAIL STATION 65 2829 JUAN ST SANDIEGO CA 92110 p RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 U. S. FISH AND WILDLIFE SERVICE SUITE 130 33 10 EL CAMINO AVENUE SACRAMENTO CA 95821 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCKNAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONGBEACH CA 90802 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME GAIL PRESLEY, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET 1 SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACAR4MENTO CA 95801 - L4 REGIONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 BARRY BRAYER, AW-P-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHEIUC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF DEFENSE LILY ALYEA - SUITE 702 LOS ANGELES DISTRICT ENGINEER 333 MARKET STREET PO BOX 27 11 SAN FRANCISCO CA 94105-2 197 LOS ANGELES CA 90053 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 l-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 95616 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 U. S. BUREAU OF LAND MANAGEMENT 2 135 BUTANO DRIVE SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 190 1 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SANFRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION 1 MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWERN 1111 2ND STREET CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 H:iADMINiLABELS\LCP INTERESTED PARTIES UPDATED 3-99 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOSANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 , MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL ROAD CARLSBAD CA 92009