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.
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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.)
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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
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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.
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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)
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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.
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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
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Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the following
vote, to wit:
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AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
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WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
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PC RESO NO. 4706 -2- 7
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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:
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B)
Cl
Findings
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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.
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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-
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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.
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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.
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.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 . .
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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).
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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.
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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
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i/a/” 0 q\,
DATE CITY MANAGER
I
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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:
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“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
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eflective within the City’s Coastal Zone until approved by the California Coastal Commission.)
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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=)
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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