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HomeMy WebLinkAbout2000-02-01; City Council; 15605; Basement Definition RevisionCIT-W OF CARLSBAD - AGENV BILL AB # 15,605 TITLE: MTG. 2/l/2000 BASEMENT DEFINITION REVISION ZCA 99-07/LCPA 99-07 DEPT. CLK RECOMMENDED ACTION: CITY ATTY - CITY MGR. - Adopt Ordinance No. NS-532, amending Title 21 of the Carlsbad Municipal Code by the modification of the city’s basement definition in the Municipal Code. ITEM EXPLANATION Ordinance No. NS-532 was introduced and first read at the City Council meeting held on January 25, 2000. The second reading allows the City Council to adopt the ordinance which would then become effective in thirty days. The Ordinance shall be published within fifteen days, if adopted. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) FISCAL IMPACT See Agenda Bill No. 15, 590 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-532. 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 efective within the City’s Coastal Zone until approved by the California Coastal Commission.) Ill I// Ill Ill Ill 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 - 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 1st day of February J 2000, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin NOES: Council Member Hall. ABSENT: None. ABSTAIN: None. ATTEST: (SEAL) -2- 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 This space is for the County Clerk’s Filing Stamp North County Times formerly known as the Blade-Citizen and The Proof of Publication of Times-Advocate and which newspapers have been adjudged newspapers of general Public Hearing circulation by the Superior Court of the County of San Diego, State of California, for the cities of Ord. NS-532 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 I 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 b&h San MArcos I California this 14th day Jan. 2000 of / / / Signature / .-_.-- -.- -w---y... ““...ll.I”II ,” *w,puu seventv-five oerkenf of a building’s perimeter -.--.. _ . to wit the 6asemen to onl Y it &ifwion~as opposed ’ fii percen wren definitron. t ‘g, Mained m the NORTH COUNTY TIMES Legal Advertising