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HomeMy WebLinkAbout2009-07-28; City Council; 19915; Building height zone code amendmentCITY OF CARLSBAD -AGENDA BILL AB# 19,915 MTG. 07/28/09 DEPT.PLN BUILDING HEIGHT ZONE CODE AMENDMENT ZCA 08-01/LCPA 08-02 DEPT. HEAD CITY ATTY. CITYMGR. AQ RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. CS-045 . APPROVING an amendment to the "Building Height" definition and other related amendments to Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance (Zone Code Amendment - ZCA 08-01); and ADOPT Resolution No. 2009-198 APPROVING a Local Coastal Program Amendment (LCPA 08-02) for consistency with ZCA 08-01, based upon the findings contained therein. ITEM EXPLANATION: Project ZCA 08-01 LCPA 08-02 Planning Commission RA RA City Council X X Coastal Commission ** • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 08-02 The amendment consists of the following: 1. Simplify the method for measuring maximum building height and provide clarification that building height should be measured at all points along the perimeter of the building coverage. 2. Clarify that exposed exterior walls of basements are included in the building height measurement. 3. Exempt the entrance to underground parking from inclusion in the measurement of height. 4. Clarify when existing and finished grades are to be used for measuring building height. 5. Modify other zoning definitions for consistency with the proposed amendment. Graphics that illustrate the proposed text changes are included as Attachment 4 in the Report to the Planning Commission. Prior to scheduling this proposed Zone code amendment for a public hearing before the Planning Commission, staff distributed the draft ordinance text revisions to members of the development community (i.e.; the Chamber of Commerce, BIA, architects, developers, and planning consultants) for DEPARTMENT CONTACT: Corey Funk, 760-602-4645, corey.funk@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 review, comment and input. The comments received during the outreach period are included as Attachment 5 in the Report to the Planning Commission (Exhibit 5). On June 1, 2009, additional comments were received, which can be reviewed along with staff responses to these comments in the Planning Commission Errata (Exhibit 6). In addition, notification of the proposed amendment was published in the North County Times and Coast News on April 17, 2009, and copies of the proposed amendment were provided at the Planning Department counter for public review. On June 3, 2009, a public hearing was held by the Planning Commission to consider the proposed amendments to the Zoning Ordinance and Local Coastal Program (ZCA 08-01/LCPA 08-02). No members of the public spoke in regard to the project, and the Planning Commission voted 5-0 (one Commissioner absent) to recommend approval of the proposed amendments. Staff's analysis of the proposed amendments is contained in the Report to the Planning Commission, dated June 3, 2009 (Exhibit 5). FISCAL IMPACT: The only anticipated fiscal impact would be from staff time required to complete the amendment process through the Coastal Commission. ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Clarifying the method for calculating building height, which portions of a building are included in the building height, and which grade to use when calculating building height are minor changes to the Zoning Ordinance that will not result in a significant effect on the environment. A Notice of Exemption will be filed. EXHIBITS: 1. City Council Ordinance No. CS-045 2. City Council Resolution No. 2009-198 3. Planning Commission Resolutions No. 6565 and 6566 4. Planning Commission Staff Report dated June 3, 2009 5. Errata sheet to the Planning Commission, dated June 3, 2009 6. Excerpts of the Planning Commission Minutes dated June 3, 2009. 1 ORDINANCE NO. cs-°45 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO AMEND THE "BUILDING HEIGHT" DEFINITION AND OTHER RELATED AMENDMENTS TO 4 CHAPTER 21.04 - DEFINITIONS OF THE CITY OF CARLSBAD ZONING ORDINANCE. 5 CASE NAME: BUILDING HEIGHT ZONE CODE AMENDMENT 6 CASE NO.: ZCA 08-01 7 The City Council of the City of Carlsbad, California, does ordain as follows: 8 SECTION I: That the Table of Contents of Chapter 21.04 of the Carlsbad 9 Municipal Code shall be amended to read as follows: 10 Chapter 21.04 DEFINITIONS Sections: 12 21.04.005 Provisions not affected by headings. 21.04.010 Tenses. 21.04.015 Number. 21.04.020 Accessory. 14 21.04.021 Affordable housing. 21.04.025 Alley. 15 21.04.030 Apartment. 21.04.035 Apartment house. 16 21.04.036 Aquaculture. 21.04.040 Automobile wrecking. 17 21.04.041 Bar or cocktail lounge. 21.04.045 Basement. 18 21.04.046 Bed and breakfast uses. 21.04.048 Biological habitat preserve. 21.04.050 Block. 21.04.055 Boardinghouse. 21.04.056 Bona fide public eating establishment. 01 21.04.057 Bowling alley. 21 21.04.060 Building. 21.04.061 Building coverage. 21.04.065 Building height. 21.04.070 Building, main. 21.04.075 Building site. 74 21.04.080 Business or commerce. 21.04.085 Cellar. 9S 21.04.086 Child day care center. 21.04.090 Club. 21.04.091 Coin-operated arcade. 21.04.093 Commercial living unit. 27 21.04.095 Commission. 21.04.098 Common wall. 2g 21.04.099 Community development director. 21.04.100 Court. 1 21.04.105 Dairy. 21.04.106 Delicatessen. 2 21.04.107 Development (in the coastal zone). 21.04.109 Drive-thru restaurant. 3 21.04.110 Dump. 21.04.115 Dwelling. 4 21.04.120 Dwelling unit. 21.04.125 Dwelling, one-family. 5 21.04.130 Dwelling, two-family. 21.04.135 Dwelling, multiple-family. 6 21.04.137 Educational facilities, other. 21.04.140 Educational institution or school. 7 21.04.141 Escort service. 21.04.142 Factory-built housing. 8 21.04.145 Family. 21.04.146 Family day care home. 9 21.04.147 Family day care home, large. 21.04.148 Family day care home, small. 10 21.04.149 Employer-sponsored child day care center. 21.04.150 Garage, private. 11 21.04.155 Garage, public. 21.04.156 Gas station. 12 21.04.160 Grade, existing. 21.04.161 Grade, finished. 21.04.165 Guest house or accessory living quarters. 21.04.166 Hazardous waste. 14 21.04.167 Hazardous waste facility. 21.04.170 Hospital.15 21.04.175 Hospital, mental. 21.04.185 Hotel. 16 21.04.186 Household--Low-income. 21.04.187 Household-Moderate-income.17 21.04.188 Household-Very low-income. 21.04.188.1 Incidental outdoor dining areas. 18 21.04.189 Income level-Target. 21.04.190 Institution. 21.04.195 Kennel. 21.04.200 Kitchen. 2() 21.04.202 Level. 91 21.04.203 Liquor store. 21.04.205 Lodginghouse. 21.04.210 Lot. 21.04.215 Lot area. 21.04.220 Lot, corner. 21.04.222 Lot coverage. 94 21.04.225 Lot depth. 21.04.230 Lot, interior. 21.04.235 Lot, key. 21.04.240 Lot line, front. 21.04.245 Lot line, rear. 21.04.250 Lot line, side. 27 21.04.255 Lot, reversed corner. 21.04.256 Lot-Planned unit development (PUD). 28 -2- U 1 21.04.260 Lot, through. 21.04.263 Lot width. 2 21.04.265 Mobile building. 21.04.266 Mobile home. 3 21.04.267 Mobile home accessory structure. 21.04.268 Mobile home lot. 4 21.04.269 Mobile home park. 21.04.270 Modular building. 5 21.04.273 Motel. 21.04.275 Nonconforming building. 6 21.04.280 Nonconforming use. 21.04.285 Outdoor advertising display. 7 21.04.290 Outdoor advertising structure. 21.04.291 Pawnshop. 8 21.04.292 Planning director. 21.04.293 Poolhall or billiard parlor. 9 21.04.295 Professional care facility. 21.04.297 Public and quasi-public office buildings and accessory utility buildings and facilities. 10 21.04.298 Recreational vehicle (RV). 21.04.299 Recreational vehicle (RV) storage. 1 21.04.300 Residential care facility. 21.04.301 Secondhand or thrift shop. 12 21.04.302 Satellite television antenna. 21.04.303 Second dwelling unit. 13 21.04.305 Sign. 21.04.306 Space or structure, habitable. 14 21.04.307 Specified hazardous waste facility. 21.04.310 Stable, private. 15 21.04.315 Stable, public. 21.04.320 Stand. 16 21.04.325 State freeway. 21.04.330 Story.17 21.04.335 Street. 21.04.340 Street line. 21.04.345 Street, side. 21.04.350 Structural alterations. 21.04.355 Structure. 21.04.356 Tattoo parlor. 21.04.357 Time-share project. 21.04.360 To place. 21.04.370 Underground parking. 22 21.04.375 Use. 21.04.376 Useable living area. 23 21.04.378 Veterinarian and small-animal hospital. 21.04.379 Wireless communication facility. 21.04.380 Yard. 21.04.385 Yard, front. 21.04.390 Yard, rear line of required front. 21.04.395 Yard, side. 26 21.04.400 Zoo, private 27 28 -3- 1 SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall 2 be amended to read as follows: 3 21.04.045 Basement 4 "Basement" means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, but so 5 located that the vertical distance from exterior grade to the adjacent interior floor below is greater than the vertical distance from exterior grade to the adjacent interior ceiling above. This 6 definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement. (Ord. NS-532 § 1, 2000: Ord. NS-204 § 1, 7 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) 8 SECTION III: That the Section 21.04.065 of the Carlsbad Municipal Code shall 9 be amended to read as follows: 10 21.04.065 Building height. 11 A. "Building height" is limited to the vertical distance measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever 12 is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the "building coverage", that is equal to 13 the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below.14 1. "Building height" includes: ., a. All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but is not limited to, all portions of exterior . _ walls of a basement, underground parking or other subterranean areas that are exposed above existing grade or finished grade, whichever is lower, and , o the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of I9 an "underground parking" structure entrance (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground 2Q parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the 21 "underground parking" structure. 22 b. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. 23 2. If a discretionary permit for a development or alteration of an existing 24 development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height 25 may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing 26 grade, consideration shall be given to the natural topography of the site, compatibility with the existing grade of adjacent and surrounding properties, and 27 the need to comply with required access, utility and drainage standards. 28 -4- 1 3. When nondiscretionary permits allow retaining walls, fill or other grading, which 2 create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, then building height shall be measured from 3 existing grade. 4 SECTION IV: That the Section 21.04.160 of the Carlsbad Municipal Code shall 5 be amended to read as follows: 6 21.04.160 Grade, existing. 7 "Existing grade," for the purposes of measuring building height, means the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a 8 proposed development or alteration of an existing development. 9 SECTION V: That the Carlsbad Municipal Code shall be amended to add the 10 following new section as follows: 11 21.04.161 Grade, finished. 12 "Finished grade", for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be 1^ incorporated into, a proposed development or alteration of an existing development. 14 SECTION VI: That Section 21.04.370 of the Carlsbad Municipal Code shall be 15 amended to read as follows: - 16 21.04.370 Underground parking. 17 "Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area is below grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty 70 days after its adoption but not until LCPA 08-02 is approved by the California Coastal 21 Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 22 published at least once in a publication of general circulation in the City of Carlsbad within 23 fifteen days after its adoption. 24 ///25 /// 26 /// 27 /// 28 -5- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the 28thdav of juiy 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2009, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 12 H RONALD R. BALL, City Attorney 14 15 CLAUDE A. LEWIS, Mayor 16 H ATTEST: 18 19 LORRAINE M. WOOD, City Clerk 20 (SEAL) 21 22 23 24 25 26 27 28 -6- 1 RESOLUTION NO. 2009-198 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT TO AMEND THE "BUILDING HEIGHT" DEFINITION AND OTHER RELATED AMENDMENTS TO 4 CHAPTER 21.04 - DEFINITIONS OF THE CITY OF CARLSBAD ZONING ORDINANCE. 5 CASE NAME: BUILDING HEIGHT ZONE CODE AMENDMENT 6 CASE NO.: LCPA 08-02 7 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 8 WHEREAS, the Planning Commission did on June 3, 2009, hold a duly noticed public hearing as prescribed by law to consider the Zone Code Amendment (ZCA 08-01) and Local Coastal Program Amendment (LCPA 08-02) to amend the "Building Height" Definition and other related amendments to Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance; and13 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6565 and 6566 recommending to the City Council that ZCA 08-01 and LCPA 08-02 be approved; and16 WHEREAS, the City Council did on the 28th day of July 2009 hold a duly noticed public hearing as prescribed by law to consider the Zone Code Amendment and18 Local Coastal Program Amendment, and; 9n WHEREAS, at said public hearing, upon hearing and considering all testimony 2| and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 22 relating to the Zone Code Amendment and Local Coastal Program Amendment. 23 NOW, THEREFORE, the City Council of the City of Carlsbad, California does 24 hereby resolve as follows: 25 1. That the above recitations are true and correct. 26 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 6565 and 6566 constitute the findings of the City Council in this matter. 27 3. That the amendment to the Local Coastal Program (LCPA 08-02), is 28 approved as shown in Planning Commission Resolution No. 6566, on file in the Planning Department and incorporated herein by reference. 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 4. That the approval of LCPA 08-02 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the _28th day of July 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None -2- 1 PLANNING COMMISSION RESOLUTION NO. 6565 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND 4 THE "BUILDING HEIGHT" DEFINITION AND OTHER 5 RELATED AMENDMENTS TO THE DEFINITIONS CHAPTER OF THE CITY OF CARLSBAD ZONING ORDINANCE. 6 CASE NAME: BUILDING HEIGHT ZONE CODE AMENDMENT 7 CASE NO: ZCA 08-01 8 WHEREAS, the Planning Director has prepared a proposed Zone Code 9 Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code relating to: the 10 Definitions Chapter (CMC 21.04) of the Zoning Ordinance; and 12 WHEREAS, the proposed amendment is set forth in the draft City Council 13 Ordinance, Exhibit "X" dated, June 3, 2009, and attached hereto BUILDING HEIGHT 14 ZONE CODE AMENDMENT - ZCA 08-01; and 15 WHEREAS, the Planning Commission did on the 3rd day of June, 2009, hold a 16 duly noticed public hearing as prescribed by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering all testimony18 i Q and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 20 relating to the Zone Code Amendment. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission as follows: 23 A) That the foregoing recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Commission 25 RECOMMENDS APPROVAL of BUILDING HEIGHT ZONE CODE 26 AMENDMENT - ZCA 08-01, based on the following findings: 27 Findings: 28 i. That the proposed Zone Code Amendment, ZCA 08-01, is consistent with the General Plan in that building height regulations are one tool that the City uses to ensure that development is both a pleasing visual form and compatible with existing 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 neighboring development, consistent with the General Plan. Though there are no policies in the General Plan the specifically relate to the measurement of building height, the proposed amendments do not conflict with any goal, objective or policy of the General Plan, and improved clarity and consistency for building height regulations will further the goals and objectives of the General Plan. 2. That the proposed Zone Code Amendment, ZCA 08-01, reflects sound principles of good planning in that it is consistent with the General Plan and provides clarity and consistency in how to implement City policies and regulations that pertain to calculations of building height. 3. That the proposed Zone Code Amendment, ZCA 08-01, is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the proposed Zone Code Amendment does not involve any land use changes within the Airport Influence Area and therefore does not affect compatibility with the safety and noise criteria; and the proposed Zone Code Amendment does not, in and of itself, increase the allowable building height within the City and therefore does not cause future buildings to penetrate the Federal Aviation Regulations Part 77 surface as defined by the Federal Aviation Administration. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on June 3,2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN; Commissioners Boddy, Dominguez, Douglas, L'Heureux, and Chairperson Montgomery Commissioner Baker MARTElTB. MONTi CARLSBAD PLANN ATTEST: Tson ON DON NEU Planning Director PC RESO NO. 6565 -2- 1 PLANNING COMMISSION RESOLUTION NO. 6566 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING 4 ORDINANCE OF THE LOCAL COASTAL PROGRAM (TITLE 5 21 - ZONING) TO AMEND THE "BUILDING HEIGHT" DEFINITION AND OTHER RELATED AMENDMENTS TO 6 THE DEFINITIONS CHAPTER OF THE CITY OF CARLSBAD ZONING ORDINANCE. 7 CASE NAME: BUILDING HEIGHT ZONE CODE AMENDMENT 8 CASE NO: LCPA 08-02 9 WHEREAS, California State law requires that the Local Coastal Program, 10 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 12 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 13 for an amendment to the Local Coastal Program implementing ordinance; and 14 WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit "X", dated June 3, 2009, attached to Planning 16 Commission Resolution No. 6565, as provided in Public Resources Code Section 30514 and 17 Section 13551 of California Code of Regulations Title 14, Division 5.5; and 18 jo WHEREAS, the Planning Commission did on June 3, 2009, hold a duly noticed 20 public hearing as prescribed by law to consider said request; and 21 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 23 relating to the Local Coastal Program Amendment; and 24 WHEREAS, State Coastal Guidelines requires a six-week public review period £3 25 for any amendment to the Local Coastal Program. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on April 17, 2 2009 and ending on May 29, 2009, staff shall present to the City Council a summary of the comments received. 3 C) That based on the evidence presented at the public hearing, the Commission 4 RECOMMENDS APPROVAL of BUILDING HEIGHT ZONE CODE 5 AMENDMENT - LCPA 08-02 based on the following findings, and subject to the following conditions: 6 Findings; 7 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 the Carlsbad Local Coastal Program not being amended by this amendment, in that it ensures consistency with the Carlsbad Zoning Ordinance, and does not conflict with 10 any coastal zone regulations, land use designations or policies, with which development must comply. 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 08-01). 13 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 14 Commission of the City of Carlsbad, held on June 3,2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, and Chairperson Montgomery 17 NOES: 18 ABSENT: Commissioner Baker 20 ABSTAIN: 21 22 MARTELL B. MONfGOMER^Chairperson CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 28 DON NEU Planning Director PC RESO NO. 6566 -2- Tbe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: June 3, 2009 Application complete date: N/A Project Planner: Corey Funk Project Engineer: N/A SUBJECT: ZCA 08-01/ LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definition and other related amendments to the Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6565 and 6566 RECOMMENDING APPROVAL of ZCA 08-01 and LCPA 08-02 based on the findings contained therein. II.INTRODUCTION This proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to: (1) amend the method for calculating building height, as found in the "Building Height" definition in the Definitions Chapter (CMC 21.04) of the Zoning Ordinance, and; 2) amend the following related definitions for consistency: "Basement", "Grade" and "Underground Parking". The amendment proposes to clarify how height is to be measured and does not change the maximum building height limit in any zone. This proposal is consistent with the applicable portions of the General Plan and internally consistent with the Zoning Ordinance and the Local Coastal Program (LCP). With regard to the LCP amendment, the Zoning Ordinance is the implementing ordinance for the LCP; therefore an LCP amendment is necessary. HI. PROJECT DESCRIPTION AND BACKGROUND This proposed Zone Code Amendment and Local Coastal Program Amendment consists of amendments to the following zoning definitions: CMC Sec. 21.04.045 - Basement, CMC Sec. 21.04.065 - Building Height, CMC Sec. 21.04.160 - Grade, and CMC Sec. 21.04.360 - Underground Parking; and the following new definition is proposed: CMC 21.04.161 - Grade, finished. The. purpose of the amendment is to resolve ambiguities and confusion with the existing method of measuring building height, especially as it relates to buildings with exposed basements on sloping topography, and to provide clarification that building height should be measured at all points along the perimeter of the building coverage. ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2009 Page 2 The objectives of the proposed amendment is as follows: A. Simplify the method for calculating maximum building height. B. Clarify that exposed exterior walls of basements are included in the building height measurement. C. Exempt the entrance to underground parking from inclusion in the measurement of height. D. Clarify when existing and finished grades are to be used for measuring building height. E. Modify other zoning definitions for consistency with the proposed amendment. Graphics have been included with this report to help illustrate the proposed text changes (see the attached Figures 1 - 4A). Following approval of the proposed amendments, staffs intent is to provide these graphics as a handout available to the public at the Planning Department counter and website. Prior to scheduling this proposed Zone code amendment for public hearing, staff distributed draft ordinance text revisions to members of the development community (i.e.; the Chamber of Commerce, BIA, Architects, Developers, and Planning Consultants) for review, comment and input. The comments received are included in the attached Exhibit B. In addition, notification of the proposed amendment was published in the North County Times and Coast News on April 17, 2009, and copies of the proposed amendment were provided at the Planning Department counter for public review. IV. ANALYSIS A. Simplify the method for calculating maximum building height. The existing definition of building height takes measurements of a building from all points at grade along the perimeter of the building coverage, and all points within the building coverage. For a sloping lot with varying topography, height measurements within the building coverage are difficult to implement because the grade points must be projected horizontally through the inside of the building, and height measurements taken from these projected points. Furthermore, for points within the building coverage, the existing code definition did not distinguish whether to measure from the existing or finished grade. Also, the existing code definition states that height shall be measured to the highest point of the structure "directly above that point of measurement" as well as "to the peak of the structure", which can allow different interpretations. The proposed amendment will require height to be measured from all points at grade along only the exterior perimeter of the building coverage. Height is always measured from lowest of finished or existing grade (unless the project includes a discretionary permit, see item D below). The amendment proposes to measure height up to an imaginary "warped" plane located above, and parallel to, the grade; and at the height limit of the underlying zone. A proposed building must fit between the grade and the warped plane that parallels the grade and represents the height limit of the zone. Building height regulations are primarily concerned with the visible exterior (o ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2009 Page 3 portion of the building, not the inside of the building, and whether the building fits under the height limit, not the precise measurement of the building itself. This is how building height is typically implemented and shown on architectural plans, and the proposed amendment provides clarity and simplicity on this issue. B. Clarify that exposed exterior walls of basements are included in the building height measurement. CMC Section 21.04.065.a.3 of the existing "Building Height" definition currently requires height measurements to include basements and subterranean areas that are exposed above existing grade, and excludes areas below existing grade. There are instances on sloping lots where basement walls are exposed above a new finished grade, and this new finished grade is lower than the original existing grade, and thus potentially exempted. This is counter to the intent of this code section, and has resulted in confusion and difficult implementation. This amendment proposes to delete CMC Section 21.04.065.a.3 and replace it with new language in CMC Section 21.04.065.a. 1 that clearly describes what is included in building height. This proposed language clarifies that any portion of a building, including basements and subterranean areas, are included in building height if they are exposed above either finished or existing grade, whichever is lower. The only portions of a building excluded from the height measurement are the portions below grade and not visible, and protrusions above height limits as allowed by CMC Section 21.46.020. Additionally, compared to the existing language, this change will further encourage building mass to follow the slope of topography. C. Exempt the entrance to underground parking from inclusion in the measurement of height. The proposed amendment measures height from all points at grade along the perimeter of the building coverage from the lower of finished or existing grade, and includes all basements or subterranean areas exposed above grade in the height measurement. This creates a problem for the entrance to underground parking, as the excavated portion of the building face where the garage entrance is located would be included in height. In order to avoid discouraging underground parking, for structures that qualify as "Underground Parking", the proposed exemption would allow the vertical area of a building face that is minimally necessary to provide vehicle access to underground parking to be exempt from the height measurement. For the vehicle entrance portion of a building, height would be measured from the nearest grade elevation that is both immediately adjacent to the underground parking structure and the area of the vehicle entrance. This adjacent grade would be projected over the area to be excavated for the vehicle entrance, and height would be measured from this projected grade. D. Clarify when existing and finished grades are to be used for measuring building height. Existing regulations require that building height be measured from the lower of finished or existing grade, except for approval of a discretionary permit which allows the use of a finished grade that may be higher than the original existing grade (as in the situation of grading building ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2009 Page 4 pads). No changes to this concept are proposed by this amendment. However, two considerations are proposed when approving a grade that is higher than the existing grade: (1) compatibility of the proposed grading with the topography of the site and surrounding properties, and (2) standards for access, utilities and drainage. Additional changes have been added for clarity, and the reference to August 1, 1991 was removed as it refers to projects that were in process at the time of a previous zone code amendment and does not affect current development situations. Also, the current definition for "Grade" was replaced by two definitions for consistency with the proposed amendment: "Grade, existing" and "Grade, finished". E. Modify other zoning definitions for consistency with the proposed amendment. Various changes are proposed to the "Basement", "Building Height" and "Underground Parking" definitions (CMC Sections 21.04.045, 21.04.65 and 21.04.370 respectively) for clarity, such as locating all descriptions of what part of a structure are included in building height only in the Building Height definition (CMC Section 21.04.065). A second proposed modification for "Basement" is designed to resolve the following problem: the current standard requires the "Basement" definition (that more basement wall be located below grade than above) to apply to 75% of the building coverage to qualify this part of the structure as a basement; however, if the floor area of a basement is much smaller than the floor area of the building above, the 75% calculation is impossible to meet. The intent of this section is that 75% of the perimeter of the basement meets this definition, and the proposed wording reflects this intent. F. General Plan, Zoning Ordinance and Local Coastal Program Consistency The purpose of the proposed Zone Code Amendment and Local Coastal Program Amendments is to resolve ambiguities and provide clarification for the method used to calculate building height. Building height regulations are one tool that the City uses to ensure that development provides both a pleasing visual form and compatibility with existing neighboring development, consistent with the General Plan. Though there are no policies in the General Plan that specifically relate to the measurement of building height, the proposed amendments do not conflict with any goal, objective or policy of the General Plan, and improved clarity and consistency for building height regulations will further the goals and objectives of the General Plan. With regard to the Zoning Ordinance, the proposed amendments to the Definitions Chapter will not create any conflicts with the provisions of the Zoning Ordinance. The proposed amendment will correct existing inconsistencies and ensure that new inconsistencies do not occur. With regard to consistency with the Local Coastal Program, as mentioned earlier in this report, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance. The proposed amendment will not result in any conflict with the provisions of the LCP. ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2009 Page 5 V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Clarifying the method for calculating building height, which portions of a building are included in the building height, and which grade to use when calculating building height are minor changes to the Zoning Ordinance that will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 6565 (ZCA) 2. Planning Commission Resolution No. 6566 (LCPA) 3. Exhibit "A" strike-out and underline version of the proposed Zoning Ordinance text amendments 4. Figures 1 - 4A Illustrative Graphics 5. Exhibit "B" Comments received for ZCA 08-01 / LCPA 08-02 from the development community. 6. Exhibit "C" Staff Response to Comments EXHIBIT A ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS Chapter 21.04 DEFINITIONS Sections: 21.04.005 Provisions not affected by headings. 21.04.010 Tenses. 21.04.015 Number. 21.04.020 Accessory. 21.04.021 Affordable housing. 21.04.025 Alley. 21.04.030 Apartment. 21.04.035 Apartment house. 21.04.036 Aquaculture. 21.04.040 Automobile wrecking. 21.04.041 Bar or cocktail lounge. 21.04.045 Basement. 21.04.046 Bed and breakfast uses. 21.04.048 Biological habitat preserve. 21.04.050 Block. 21.04.055 Boardinghouse. 21.04.056 Bona fide public eating establishment. 21.04.057 Bowling alley. 21.04,060 Building. 21.04.061 Building coverage. 21.04.065 Building height. 21.04.070 Building, main. 21.04.075 Building site. 21.04.080 Business or commerce. 21.04.085 Cellar. 21.04.086 Child day care center. 21.04.090 Club. 21.04.091 Coin-operated arcade. 21.04.093 Commercial living unit. 21.04.095 Commission. 21.04.098 Common wall. 21.04.099 Community development director. 21.04.100 Court. 21.04.105 Dairy. 21.04.106 Delicatessen. 21.04.107 Development (in the coastal zone). 21.04.109 Drive-thru restaurant. 21.04.110 Dump. 21.04.115 Dwelling. 21.04.120 Dwelling unit. 21.04.125 Dwelling, one-family. 21.04.130 Dwelling, two-family. 21.04.135 Dwelling, multiple-family. 21.04.137 Educational facilities, other. 21.04.140 Educational institution or school. 21.04.141 Escort service. 21.04.142 Factory-built housing. 21.04.145 Family. 21.04.146 Family day care home. 21.04.147 Family day care home, large. 21.04.148 Family day care home, small. 21.04.149 Employer-sponsored child day care center. 21.04.150 Garage, private. 21.04.155 Garage, public. 21.04.156 Gas station. 21.04.160 Grade, existing. 21.04.161 Grade, finished. 21.04.165 Guest house or accessory living quarters. 21.04.166 Hazardous waste. 21.04.167 Hazardous waste facility. 21.04.170 Hospital. 21.04.175 Hospital, mental. 21.04.185 Hotel. 21.04.186 Household~Low-income. 21.04.187 Household—Moderate-income. 21.04.188 Household-Very low-income. 21.04.188.1 Incidental outdoor dining areas. 21.04.189 Income level-Target. 21.04.190 Institution. 21.04.195 Kennel. 21.04.200 Kitchen. 21.04.202 Level. 21.04.203 Liquor store. 21.04.205 Lodginghouse. 21.04.210 Lot. 21.04.215 Lot area. 21.04.220 Lot, corner. 21.04.222 Lot coverage. 21.04.225 Lot depth. 21.04.230 Lot, interior. 21.04.235 Lot, key. 21.04.240 Lot line, front. 21.04.245 Lot line, rear. 21.04.250 Lot line, side. 21.04.255 Lot, reversed corner. 21.04.256 Lot-Planned unit development (PUD). 21.04.260 Lot, through. 21.04.263 Lot width. 21.04.265 Mobile building. 21.04.266 Mobile home. 21.04.267 Mobile home accessory structure. 21.04.268 Mobile home lot. 21.04.269 Mobile home park. 21.04.270 Modular building. 21.04.273 Motel. 21.04.275 Nonconfortning building. 21.04.280 Nonconforming use. 21.04.285 Outdoor advertising display. 21.04.290 Outdoor advertising structure. 21.04.291 Pawnshop. 21.04.292 Planning director. 21.04.293 Poolhall or billiard parlor. 21.04.295 Professional care facility. 21.04.297 Public and quasi-public office buildings and accessory utility buildings and facilities. 21.04.298 Recreational vehicle (RV). 21.04.299 Recreational vehicle (RV) storage. 21.04.300 Residential care facility. 21.04.301 Secondhand or thrift shop. EXHIBIT A ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS 21.04.302 Satellite television antenna. 21.04.303 Second dwelling unit. 21.04.305 Sign. 21.04.306 Space or structure, habitable. 21.04.307 Specified hazardous waste facility. 21.04.310 Stable, private. 21.04.315 Stable, public. 21.04.320 Stand. 21.04.325 State freeway. 21.04.330 Story. 21.04.335 Street. 21.04.340 Street line. 21.04.345 Street, side. 21.04.350 Structural alterations. 21.04.355 Structure. 21.04.3 56 Tattoo parlor. 21.04.357 Time-share project. 21.04.360 To place. 21.04.370 Underground parking. 21.04.375 Use. 21.04.376 Useable living area. 21.04.378 Veterinarian and small-animal hospital. 21.04.379 Wireless communication facility. 21.04.380 Yard. 21.04.385 Yard, front. 21.04.390 Yard, rear line of required front. 21.04.395 Yard, side. 21.04.400 Zoo, private. 21.04.045 Basement. "Basement" means that portion of a building between floor and ceiling which is completely or partially below partly below and partly above grade the existing grade or finished grade, whichever is lower, as measured along all points of the exterior (immediately outside of "building coverage") perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04.061). 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 the basement building coverage for that portion of a building a structure to qualify as a basement. The portion of a basement that is bolow existing grade is not included—in the—measurement—of building—height—(as—defined—m—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 nonoonforming. (Ord. NS-532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) 21.04.065 Building height. (a) The height of a building shall be measured as follows: f!-)A. "Building height" is limited to means the vertical distance of a structure measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the "building coverage", that is equal to the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below, the moro restrictive (lowest) of finished or existing grade.—The vertical distance is measured from all points at grade along and within the building coverage to the highest point of the structure directly above that point of measurement. 2-1 EXHIBIT A ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS 1. "Building height" includes: a. All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but is not limited to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above existing grade or finished grade, whichever is lower, and the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of an "underground parking" structure entrance (defined; Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the "underground parking" structure. b. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. (3) - "Existing grade," for the purposes of measuring building height, means the ground level elevation which existed on or before August 1, 1991 and prior to any grading or other site preparation related to, or to be incorporated into, a proposed new development or alteration of existing developments unless a discretionary permit for such developments or alterations is approved. In that case, existing grade shall mean the grade after the property is developed or improved in accordance with the grading plans which implement the approved discretionary 2. If a discretionary permit for a development or alteration of an existing development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the site, compatibility with the existing grade of adjacent and surrounding properties, and the need to comply with required access, utility and drainage standards. 3. Fe? When nondiscretionary permits allow where retaining walls, fill or other grading, which ore utilized to create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, existing grade as defined in this subsection and as determined by the planning director, then building height shall be measured from existing grade, existing grade shall be EXHIBIT A ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT STRIKE-OUT/UNDERLINE VERSION OF AMENDMENTS used in the determination of building height. (£) Building height measurements include basements and other subterranean areas that are above existing grade. In the case of basements, cellars and underground parking, building height is measured from existing grade, excluding the area below existing grade. (4) Building height is measured to the peak of the structure. Per Section 21.46.020 of this title, protrusions above height limits may be allowed. (Ord. NS-675 § 1, 2003; Ord. NS-204 § 2, 1992: Ord. NS-180 § 3, 1991: Ord. 9667, 1983: Ord. 9498 § 1, 1978: Ord. 9141 § 1: Ord. 9060 § 212) 21.04.160 Grade, existing. "Grade" means the average of the Finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalks. For the purposes of measuring building height, "grade" means the ground elevations along and within the area of building coverage. "Existing grade," for the purposes of measuring building height, means the ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. (Ord. NS-180 § 4, 1991: Ord. 9060 §231) 21.04.161 Grade, finished. "Finished grade", for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. 21.04.370 Underground parking. "Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area is below existing grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045. Underground parking areas are excluded from the measurement of building height. However, in the case where underground parking is not completely underground, building height will be measured from existing grade so that the portion of tho parking structure above existing grade is part of the building height. (Ord. NS-204 § 3, 1992: Ord. NS-180 § 8, 1991) - HEIGHT LIMIT HEIGHT LIMIT - HEIGHT LIMIT FINISHED GRADE FIGURE #1 CUT GRADING HEIGHT LIMIT FIGURE #2 FILL GRADING WITH A NONDISCRETIONARY PERMIT HEIGHT LIMIT HEIGHT LIMIT- EXISTING GRADE /v. 7-FINISHED GRADE-1 -CUT AREA FIGURE #3 HEIGHT LIMIT WITH SLOPED TOPOGRAPHY AND DAYLIGHT BASEMENT - HEIGHT LIMIT HEIGHT LIMIT - HEIGHT LIMIT STREET PROPERTYLINE UNDERGROUNDPARKING GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS FINISHED GRADE EXEMPTED AREA IS SHADED FIGURE #4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING - HEIGHT LIMIT HEIGHT LIMIT - HEIGHT LIMIT I VEHICLE ENTRANCE TO UNDERGROUNDPARKING GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS FINISHED GRADE FIGURE #4A EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING Exhibit B - Comments received for ZCA 08-01 / LCPA 08-02 from the development commuffltv- Hi Cory I reviewed the package re: bldg ht changes, and it is clear that this effort is intended to codify the preferred interpretations over time of height when combined with basements. We understand and also support the change since the clarity of these situations is now improved as far as code allowance and bldg ht measurement methodology. The only comment I have, based on my review and also from both public sector and private sector use of the code re: bldg ht, is to clarify that building height limitations do not apply to allowed protrusions above building height, as outlined in 21.46.020. As you know, Yards is an interesting chapter of.the zoning ordinance, and having the allowed protrusions above building height isolated in this chapter could benefit from an appropriate reference in the baseline building height definition/methodology as contained in 21.04.065. Hope this helps; and thank you for the opportunity to review this draft...brings back a lot of good memories. Thanks again and let me know what you think about a reference to allowed protrusions. EM Eric Munoz Director of Planning Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 direct phone: 760.692.4011 Gary Cohn (phone conversation comments, see also the attached written comments submitted by Gary Conn) Wording of height definition (21.04,065.A) does not match drawing (see Figure 3). Wording suggests that we will measure the lowest topography point to the highest point of the structure, even if the topography is sloping. z°\ The graphics are in 2-D, what happens if there is a cross slope (grade elevation on the other side of the house is higher or lower)? Best height codes use warped plane idea (imaginary plane at height limit that follows every point of existing grade). Using grade around footprint to create warped plane is fine too, but what happens if the points inside the footprint vary drastically in elevation. You need to connect the lines projected above the footprint somehow. Rod Wright / Sillman Wright Architects Because the 21.04.065.a,4 was removed (which refers to section allowing protrusions above height), it is now unclear or raises the question as to whether there are any allowed protrusions above height limits. Clarified that the protrusions in the P-M zone for architectural towers are still allowed. Corey, Gary Baker, who does a lot of our design work in Carls.bad has responded below. Sorry I am so late in getting this to you. Mark Langan Vice President Smith Consulting Architects (858) 793-4777 From: Gary Baker Sent: Wednesday, April 29, 2009 2:57 PM To: Mark Langan Subject: Comments for Proposed Amendments to the "Building Height" definition, Thank you for asking, I appreciate the opportunity to provide feedback. I believe the revisions add clarity in two ways. 1. to the general understanding of the definition of height ,and, 2. to the impact a discretionary permit can have on the development and impact the building height. For the discretionary permit, I assume you are intentionally leaving the building height baseline open for review. I like the flexibility, on the other hand the ambiguity makes predesign and early decision making on a project more difficult, If planning feedback is available early in the design stage, and the early stage planning feedback on height can be relied upon, I like the changes. I would like to add one area where I disagree with the planning/zoning department on building heights: Overlay Eone Q(Ch 21.06,1 believe). My concern is the "1 foot increase in building setbacks for every 1 foot the building height exceeds 35" portion of the code. This results in a reduction of useable land, and I believe, unfairly reduces the floor area of a 3 story building. We have been fighting this on projects for a while as cost of land increases which forces projects to go vertical. I believe there should be some flexibility in this policy given topography, views from surrounding areas, etc. Thank you. Gary R Baker, Architect VP Design Services, LEED AP Smith Consulting Architects 12220 El Camino Real, Suite 200 San Diego, CA 92130 858-793-4777 fax 858-793-4787 qarvb@sca-sd.com 78-000 Fred Waring Drive, Suite 201 Palm Desert, CA 92211 760-797-1377 fax 760-269-3889 Please consider the environment before printing this email. Per our telephone conversation of a few days ago, my office has reviewed the Building Height ZCA mods proposed by City Staff. /- The only comment we have is that Fig, #2 doesn't seem to be wholly in accordance with proposed wording for 21.04.065(2), which says that if an approved grading plan shows a higher finished grade, then the building height is measured from the approved finished grade. As long as it is clear that on pads that have been approved (such as in master plans, with mass grading associated with master tent, maps), that the building height is measured from finish pad grade. If you confirm that this is correct, then we will send you an email in support of the ZCA. PaulJ, Klukas PLANNING SYSTEMS 1530 Faraday Ave. #100 Carlsbad, CA 92008 (760) 931-0780 ph pklukas@planninesvstems.net Mr. Funk, Below are comments regarding the proposed changes to the regulations. 31 21.04.065 A. (or 21.04.161) - it might be helpful to establish a width ( +/-3'?) for the "grade" (existing or finished) perpendicular to the building in order to avoid mounding up to the edges1oT the building back to the "existing grade". 21.04.065 A. 1. a, - Please define how much "minimally necessary" is regarding "underground parking" entrances. Also is there a way to minimize having a series of holes or driveways that disappear into underground parking, along the street. I can imagine in Narrow lots the entire front yard will be a hole (see figure 4). Perhaps requiring the driveway to the entrance to the underground parking not taking up more than a quarter (or a third) of the lot frontage would help minimize the street front being to disrupted. A couple of examples of what I'm concerned about can be found in my neighborhood: a good example is found on Garfield St. just south of Chestnut, a bad example is found on Oak Avenue just East of Lincoln St. 21.04.065 A. (4)- Please keep the part of this section that allows "protrusions" above the height limit. The allowance of stair towers and widows walks and other "architectural" elements helps break down the building mass and creates a more interesting building profile, especially since most of us living in Carlsbad are very interested in creating spots within our house where we can get a view (glimpse usually) to the ocean. Hope this helps. Raul F Diaz Roesling Nakamura Terada architects 363 fifth Avenue, #202 San Diego, CA 92101 (619)233-1023 Original Message From: axa@atelierxarchitects.net [ mailto:axai3atelierxarchitects.net1 Sent: Wednesday, April 29, 2009 9:49 PM To: Raul Diaz Subject: Fwd: Proposed revisions to building height regulations Alicia M, Lafferty, AIA Atelier X Architects 2CA0801 Request for Comments.pdf (545.9 Kb) attached image001.png (15.5 Kb) attached Corey, I have reviewed the proposed changes to the ordinance and I am OK with the information as presented. However, I think there needs to be an addition for "Architectural Elements", Either no part of any construction is allowed to go over the height or certain architectural elements may go over the height (Fireplace Chimney's etc...). The building code requires these elements to go higher which can and will cause confusion in the public between the building code and the ordinance. By not saying anything about these elements, there is some gray areas. I hope my comments help. John (John Beery, architect) Corey, I received your message and email. I took a look at the PDF and I think that the changes make sense and given the fact that you are allowing for flexibility in the measurement from existing and finished grade through a discretionary permit will help to address those tough development projects in the future. Many projects have had significant issue if the difference between existing and finished grade were so large that they could affect the overall site design of the project. Thank you. Sean Santa Cruz VP Planning and Development Hallmark Communities, Inc. 740 Lomas Santa Fe Drive Suite 204 Solana Beach, CA 92075 858-481 -3310 EXT 122 858-481-6325 FAX Corey Thanks for sending a request for comments on the proposed building height amendments. I have only one comment: 1, 21.04.065, paragraph 2. Near the end of the paragraph it states in part "compatibility with the existing grade of adjacent and surrounding properties", I see this as not clear and could be interpreted many ways. I think you need to define what would make finish grade not compatible so the designers have some guidance, Please call if you have any questions. Thanks. Bob Robert C. Ladwig President Ladwig Design Group, Inc. 2234 Faraday Avenue Carlsbad, CA 92008 Ph: (760) 438-3182 Fax: (760) 438-0173 Joel Morris/T&B Planning No comments. Adam Pevney / Brookfield Homes No comments, as long as the finished grade can still be used to calculate height with approval of a discretionary permit, Brookfield Homes is production home developer so it normally is mass grading and using the finished grades for new homes, Draft Building Height Zoning Code Amendment text - Underline /Strike-out version 21.04.065 Building height. (a) Tho-hcight of a building shall be measured as follows: WA. "Building height" means the vertical distance of a structure measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04.061), up to the highest points of the structure, the more restrictive (lowest') of finishedjOj oxisting-grade. The vertical distance is measurcd-from all points at grade along and witrun^ffierbuilding coverage to the h+ghest point of-the structure directly above-that point of.nife|is,iiromont; L "Building height" includes: <dfk '4;|s a, All portions of a structure exposed above tn'eiiexisting grade or finished grade, whichever is lower. This includes., but is not limited fbf&ll portions of exterior walls of a basement, underground parMtfg or othdfesubterraneinfareas that are exposed above existing g/ade or finished grade, wHiche^eiiis lower, and tHefekposed exterior portion of a basement locaitedibn.the downnililof*uphill side of a buifding on a sloping lot, but does not include thetexpos'e'd'.;pprtion of an>Hunderground parking" structure entrance (defined: Section 2il04.37Q'ifthat is miiJiiBially necessary to provide vehicle access to the "underground parking" striictiice and wHIfch is below the existing or finished grade, whichevcrlii^OTver, of the&rea thatfiPimmediateW adjacent to the "underground parking?' entrafrce^ ^l,?;!®''' V'^ifl|' (3) "Existing;gfQde," f^H^e purposo|^measuring building hcight;-moans the ground loycljlepli.on whicHf%^tcaJofl;o^.bcforo /itigust-l, 1991 and prior to an)' grading or other sitoferoparafibntejj|ted to^ofeto be inXHjIpojratcdijhto, a proposed new development or altcration:bf oxisting-deyblQpmentS;ii|jless a-discrejti'onary permit for such developments or alterations -^approved.' -Iri'Wat. cas^'e^sting grade" shall mean the grade after the property is dcvcloped'orImproved in acoblccianco vviifi;^hc grading plans which implement the approved discretionary permit- '••$•], ''*"•' , . , 2. If a discretionaryjpermit for a development or alteration of an existing / 4(/our development is approved, arid such approval includes a grading plan that shows a finished „ 4, ty /& Y grade higher in elevatio'n1'tiiSh:Jthe existing grade, then building height may be measured o f ' /)ily f&l foop from the approved finished'grade. In approving a finished grade through a discretionary -fh( , , -Y / permit that is higher in elevation than the existing grade, consideration shall be given to the i i ^t^lj ' natural topography of the site, compatibility with the existing grade of adjacent and ^r«4///t^ ^ surrounding properties, and the need to comply M'ith required access, utility and drainage f,'lf fa <* standards. 3. Per- When nondiscretionary permits allow where retaining walls, fill or other grading, which are utilized to create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, existing grade as defined in this subsection and as determined by the planning director; then building height shall be measured from existing grade, existing grade-shall be used-in the determination of building height. BEST COPY Corey Funk From: Steve Wallet [steve@starckap.com] Sent: Tuesday, April 28, 2009 11:11 AM To: Corey Ftmk— Subject: 2006080 4/27/2009 Proposed Changes to Bldg Ht and Basement Attachments: Bldg Height Diagram 4-28-2009.pdf Corey: Thank you for taking the time yesterday to discuss the proposed changes to building height and basement (relevant sections copied below). I understand that the city's means to keep the intent of the previous code, and to simplify and-clarify, There are two proposed changes: Building height is not measured at the ramp to underground parking Building height is not measured within the building footprint, but only along the perimeter. I have the following comments: 1. Building height is not measured at the ramp to underground parking Comment A: We think this is a good idea. 2. Building height is not measured within the building footprint, but only along the perirrieter. Comment B: Measuring along the preimeter "up to the highest points of the structure" could be (mis) interpreted to mean that height is measured from the lowest point of grade to the highest points of the structure. Instead of the building height following the topography, this misinterpretation would establish a horizontal maximum height plane based on lowest grade, making it very difficult to design for sloped sites. The diagrams clarify your intent, and I think this is a minor concern. Comment C: As we discussed, the proposed definition and diagrams describe sites that slope in one direction, parallel to the building. I am concerned that this definition is much harder to apply when a site slopes at an angle to the building and/or in multiple directions. See attached (very rough) sketch where using the proposed method on a more complex slope yields 4 different building heights, for a simple building with a hip (pyramid stiaped) roof. We suggest that, for complicated slopes, you use the existing method of measuring building height-where we measure to existing grade within the building footprint. We know that it is complicated, but we can't see any other solution for complex slopes. Perhaps you can add language that allows the existing method as an alternate, at the applicant's choice. Many sites in Carlsbad have these kinds of complex slopes, because the flat or simply sloping sites have been built on. Please call to discuss. 3. The basement definition mentions "grade", but does state whether this is existing grade, proposed or the lowest of either existing or proposed. Comment D: From our conversation, I understand that the intent is that it be the lower of either, and it was omitted for simplification. At the risk of de-simplifying the wording, I suggest that you add "the lowest of existing or proposed grade" to the definition, to avoid misunderstandings. 21J4.065 Building height. A, "Building hedglwtlUneans the vertical distance of o structure measured from "existing grade" (defined: Section 21,04.160) or "finished grade" (defined: Section 21.04,161), whichever is lower, along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04.061), up 1o the highest points of the structure. I. "Building height" includes: d$w' ^i-M1^ t ••m a. All portions of a structure d boye the exist ing grade or finished grade, whichever is lower. This JneludeS^bVt is not^imitcd to, all portions of exterior walls of a basement, undereround^arRing or Oliver stiblkminean. <£$«$ • ''{*{'&•areas that are exposed above existing grade or finisfied'grEtde, whichever is Ip^er, and the exposed exterior portion of a basement 3ocfsted orVtlie downhill or uphill siiiejtjjf a building on a sloping lot, but does not include the exptis|&partiotfj|f^n "under grafted parking" strucltirc cut ranee (defined: Sectjon 21.04.370) m^a|raS[pinial)y necessary 'fg provide vehicle access to the "undergrounakmE" s-trijcufrejafra which is below the C ^i'i'iiiv*^ iS^'r'j'iecJ offthftiarcn that iS^rairicdiafely adjacenvr i'v iS'r'j'iexisting or finished grade, whichever is lovyecJ offthftiarcn that iS^rairicdiafely adjacent to the '' underground parking" entrance, „ . „ jjmsTOK?-^ -ajii. , ^jjijui^ , Tjsiii . „2, If apswenonqry p-ermflls&r a development or alteration of an, . , , . ,ss.l31sv , '^ivi» v. ym, -.--gp3:¥ "^"'ilili' i •existing development is approved, ana Such npprovaLinclucles a gTaq}ng plan tlxat may through sits, compatibility wiili the •existinglsfade of adjacenCiand surrotfading propefBil, and the need to comply with • i 'JZiJi, .,. , < \>K-!v, , ""'a^i'jrequired access}',uiility and orwinag^ standaW^. 3^4j:l|i:, When nondifcreiionufy'penTiits allow retaining wails, fill or oilier grading, whicirc!||i}e a fimshed^nKle higher in elevation lhart the gra-de that -j&r 'existed prior to the retaini^'g^val!, fil measured from existini> jirad^;, ,m| *Msb!W or grading, then building lieiglit shall be 2L04J45 Basement, "Basement" means that poilioit of a building between floor and ceiling which is completely or partially below the grade as measured along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined; 21.04,061)> but so located that Ihe vertical distance from exterior COPY 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 the basement for that portion of a building lo qualify as n basement. (Ord.'NS-S32 § 1,2000: Or-d. NS-204 § I, 1992: Ord. NS-180 § 1, 199 i: Ord. 9060 §208) I look forward to discussing this further, Steve Wallet Starck Architects (619)299-7070x116 -hZ> t^- Y£o Corey Funk From: Gary Cohn [gary@cohn-arch.com] Sent: Wednesday, April 29, 2009 11:08 AM To: Corey Ftmk— Subject: RE; Proposed revisions to building height regulations Attachments: CP_underground.pdf; CP_elevation.pdf; CP_site.pdf Hi Corey, I am following up on our conversation regarding the proposed height ordinance. I have included some graphics to help illustrate some of my points. The following are the issues as I see them: • First the graphics do not match the written language. The text indicates that the height is measured from all points along the perimeter to the highest point of the structure. This would mean that the maximum building height would be from the lowest point along the perimeter to the highest point on the roof. The graphics show measuring to the highest point of the structure in line (or cutting across the building) at any location along the perimeter. This is very different than the text. I think that the text needs to be revised and you need to have a graphic like the site plan (CP_site.pdf) that shows how you measure height along the perimeter. I.e. Building height at point A is the height inline w/ point B cutting across the building. • Next, if indeed you do want to measure the height at each point along the perimeter, what happens if the height varies from side to side? In many cases the roof ridge is in the center of the structure; which side do I measure from? I suggest connecting the heights from side to side based upon the maximum height at the perimeter. (See graphics CP_elevation.pdf) • When the text indicates measuring to the roof structure; does that mean plywood or top of roofing material? • Are there any provisions for Chimneys? By California Building Code the opening of the flue needs to be a minimum of 24" higher than any roof within 10'-0" of it, This usually means the top of the spark arrester is about 3'-6" higher than any roof within 10'-0". Most codes allow a provision or exception for chimneys to exceed the maximum building height. • Are there any provisions or exceptions for towers or Architectural elements to exceed maximum height? , • In regard to Underground parking; how do you determine the "minimum necessary to provide access" in underground parking? Can you slope grade down to the drive? Does it have to be retained? (See underground graphic) How much room can I have on either side of the door? If I can turnaround inside the garage does my door/driveway have to be narrower than if I have to backup the driveway? Is there difference between commercial applications and residential? (In commercial the minimum driveway is usually 24'). My suggestion is to address this issue more definitively, I would also allow for slopes as this might be a better design arrangement than walls. In my opinon the best way to measure building height is to copy existing grade up to the maximun building height & require the building roofs to fit under this raised ground plane. I would allow exceptions for chimneys and for abrupt ground abberations within the building foot print (such as a small dip caused by erosion). I hope this is helpful. If I can be of any further assistance please contact our office. Thank you, Gary Cohn Cohn + Associates 380 Stevens Avenue Suite 307 Solana Beach, California 92075 ph 858 755 7308 CD I- ? O D- i: CP Draft Building Height Zoning Code Amendment text - Clean version 21.04.065 Building height. A. "Building height" means the vertical distance of a structure! measured from "existing grade" (defined: Section 21 ,04,160) or "finished grade". (define. d: Section 21.04.161), whichever is lower, along all points of the exterion perimeter of the structure immediately adjacent to the "building coverage" (defined: 2t:04.061), up to the highest points of the structure. 1 ."Building height" includes: a.r—^T the existing at is nonifttited to, all All portions of a structure^ grade or finished grade, whichever is lower, This include"ss'Stis^'i ** '*ii**y^*i'portions of exterior walls of a basement, undergroundj|ffiking or other suqfferjanean areas that are exposed above existing grade or finisjiel|>grade, whichever is'lp^er, and the exposed exterior portion of a basement located on||he downhill or uphill sitj|bf a building on a sloping lot, but does not include the expds^iportic)a|||an "underground parjjing!.', structure entrance (defined: Seqjiii^l,04.370) tnJa|is|mifiinially necessary^l';'ta*°"' ' '"" *" isl W Y'J$"—"provide vehicle access to the "undergrouril||j3i|&]sing" bu uuiui CJOMU mu^u is uciuw me OA( "^ existing or finished grade, whichever is lov^ic^&f tTtagrea that ^Immediately adjacent '* "-' to the "underground parking" entrance. '^^ ^i||||i3l "^1'!^, 2.%,or a'lleration of an plan that !ng grade, ttien building height Approving a finished grade ( existing development is ap'jfpved, aridf, \ shows a finished grade higrielsjn elevatieji|than the ) may be measured from the apprised fim|ried grade, / through a discretio|^|i:germit tna||^pepi|jel|vatiolTpjan the existing grade, \ consideratioa|rj|Hi:^'|ivj|rJ|to the na$|ral topo'gfa|||y|,gf\$& site,^compatibility with | the existing''^g||ae of adjacerit]|r|d surt'o|inding properli|s, and the need to comply with ^—..required accelsljUtility and drainage standafids. 3- %|is When nondilcretionafy^permits allow retaining walls, fill or other grading, whichvcrjea|,e a fmishe^;!|i'ade higher in elevation than the grade that existed prior to the retainim&wall, fillffpr grading, then building height shall be. ., , ^'iT^-Ta,. .^5fi1V ^measured from existing 4&4A 21.04.045 Basement, "Basement" means that portion of a building between floor and ceiling which is completely or partially below the grade as measured along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04,061), 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 inferior ceiling. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement. (Ord.'NS-532 § 1,2000: Ord.NS-204 § 1,1992: Ord. NS-180 § 1, 1991: Ord. 9060 §208) 21.04.160 Grade, existing. "Existing grade," for the purposes of measuring^buudmg height, means the ground elevation prior to any grading or other site pr|g|jj|tion related to, or to be incorporated into, a proposed development or :" ' -'•"•-•"•• development. •>**• H>1 21.04.161 Grade, finished. "Finished grade", for the purposes o£^easM$g;b(ui]ding ne£gl;jt, means the final ground elevation after the«coinpletion of aim gradinMohpther sitefpieparation, j , . <$$&'istaifc jffif* i ,<««»!* ,. ymf ,~re ated to, or to be incorporafeq;intoJ'aiiproposedrdeyeloprr|ptrQgalteration of an existing development. 21.04.370 n'%V nllllij:^,. "% 70 ;4j|0itegr^t||)arkini|i^ ^i^^ '!1|||,. '^'il|s, ''^i% ""*""Undeirgrpund parking'^rnlans parkjiig areas that are located completely or partially underground, where the firi|sjied floo^|c>|the parking area is below grade to the point where the''p"|rking area qualifies as a basement as defmed'in Section 21.04.045. (Ord.NS-fc||!3, 1992: jjjjld. NS-180 § 8, 1991) Draft Building Height Zoning Code Amendment text - Underline /Strike-out version 21.04.065 Building height. fa) The height of a buHaing-shall be measured as follows-- (4-)A. "Building height" means the vertical distapee'o'f a structure measured from "existing grade" (definedySection 21.04.160) or "fimslied grade" (defined: Section 21.04.161). whichever is fower. along all points^ the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined; 21.04.061), up to the highest points of the structure, the more restrictive (lowest) of fmishqd'fof existing gradorThe vertical distance is measured from all points at grado along and with^mjfbuilding'Coveragc te-tho highest point-of-the structure directly above that point of ijieg|ijrornent, 1."Building height" includes; exposed above ttfeVfeieming grade or finished gYade. whichevofis TOwerJ This incl'Sofes, but is not limitej^ol?all portions of exterior walls of a basemtentrtinderground pafWn'g or-oth^?^ub^rran'e^iMj'areas that are exposed above existing grade or finished grade, whlcheVjiias lowgr. ami thWeisposed exterior portion of a basement locWedlbn the downiiiB^PuphifTiside of a building on a sloping lot, but does not include the^expotecliiportion of linfeiunderground parking" structure entrance (defined: Section 2ll04.370l!that is mininiially necessary to provide vehicle access to the "underground par'lohg" structure and wHich is below the existing or finished grade, whichevffrlis'flower. of thffiafeea thatf!i§liifnmediate1lv adjacent to the "underground parking^entra'n'ceK ground • ''Existing •j other sit de,''/9|:^bp-purpos9fflf moaouring building height^ means the ^P^^^°ro %"st l> im and Prior to an>' gradin5 c •gpara'tiojoC^olttted tb;ffiflto be inooMoratcdlnto, a proposed new development or alteratColffiBlF existing d'eyej|oDment!J:|toloss a dis5f||i'onai=y permit for such developments or alterationfes,approved. • In%ut cas&^o&sting grade" shall mean the grado after the property-is'"ii'^MS l|'iii'*?'1 ^&3'*3developed 61: jtoproved in accordance wJilffl'.the grading plans which implement the approved -~> disoretionaiy p'PEtnit. "4m,. ^r J K'^i;\,, tfe 2. If aWscretionairyjpermit for a development or alteration of an Misting development is approved, and'siich approval includes a grading plan that^hows a finished grade higher in elevation''!th'iin5ithe existing grade» then building heiglrfmay^be measured from the approved finishecT'grade. In approving a finished grade thrWgBTa discretionai-y permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the site, compatibility with the existing grade of adjacent and surrounding properties, and the need to comply with required access, utility and drainage c standards. 3. FeF When nondiscretionary permits allow where retaining walls, fill or other grading, which are-ut-ilized-te create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, existing grado as defined in this subsection and as determined by-the planning director,' then building height shall be measured from existing grade, existing'grade shall be used-in the-determination of building height. (3-) Biiilding.liQight measurements include basements and other subterranean areas that are above oxisting-gradorln tho case of basements, collars and underground parking, building height is measured from existing grado, excluding the area below existing grade. (4) Building height io measured to the-peak-ofthe structurorPer Section 21.46.-020 of this-title, protrusions abovo height limits may be allowed. 21,04,045 Basement. "Basement" means that portion of a building betj$qenj|floor and ceiling which is olt/ nw nat*fiallv Itolnw -»^-<*-i**l.t •..ts.a.1^*.*i...**.**.A »o*-4li i«WW>-»-ifJ.a'14'h'A r™,-,An QO ITlG&SUrsd d.lOT1£? illlcompletely or partially below partly belo points of the exterior (immediately outside n or a building bej^qenj^loor and ce >elow and partly•'afeQve"Jltfe!grade as side of "buildio,grcoverag'e"i)jperime}|perimeter of the structure immediately adjacent to the "building coveragfflfoefined; 21.041061'). but so located that the vertical distance from exterior grade to the adj4e|pPinterior floor below|i||more than the vertical distance from exterior grade to adjacent interiofl|sjling. This definition misapply to a minimum of seventy-five percent of the perimeter of the basement buijdjfop oovorago'forlthat portion of a building a structure to qualify as a basement. Tho-polffiftiySybaoomont that is'^elow existing grado;is not included in the mca3urefrielr|:b£ building hetglirfas dofinod in Section 21,01.065),0 not included in the mcajuromom^building _.. .^ .._ Notwithstanding Chapter 21.48 of thisg^dijlo^isting buildingq,,and projects which have a complete application or received discrehqhaiy''ap,OT.o.1vals by Jttnijary 25, 20QOi-or if no A j c- r^ t^n-f I^rtrtiTt rm^vnvnle* r\*-f* *•& r*±i J i- a A »U A mi AAt t f* 1 f* v% mftTl'tlyi rrvl^ <M'-JB-.'-T^-1^* "• ^ ' ^ ' •** ^ n_tll 14 J /j.l -It! Cf^,T\r^TTf\ idiscretionary approvals are^requirodvtheri'e^el boon issued by January,^ ^fephall not^juonoid( 2000: Ord. NS-204 §i|M^92: 6rdl|NS-180 ^M®^ '' ' roects ich a building permit has ^ (Ord, NS-532 § 1, 21.04.. Grade, existtng^^Ssi^f, v'u-l'N "Grado'lrnoans tho ave^fi^O'Of the'finisrjod ground level at the ocntor of all walls of a building, In-ease^|ate-afe-para|||t9 and 'With-mrfive-feet-of a-s4dewalkrthe aboveground level shall be measured at thijjsidowal^s'? For the purposes of measuring building height, "grade", moans-thO' ground elevaliohs dlBng and within the area of building coverage. (Ord. NS' 180 § 1, 1991: Ord. 9060 §231) ^ _ "Existing grade," for th purposes of measuring building height, means the ground elevation prior to any grading'or other-site preparation related to. or to be incorporated into, a proposed development or alteration of an existing development. 21.04.161 firade. finished. . £p-l- dw ( " \C4MJU yj>-|r ^J/l R "Finished grade", for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development. 21.04.370 Underground parking. "Underground parking" means parking areas that are located completely or partially underground where the finished floor of the parking area is b|lgy'existing grade to the point where the parking area qualifies as a basement as defined^|B|S|ction 21.04.045. Underground parking areas arc excluded from the-rnoasurement of bu1||ingTufight. However, in the case where underground parking is not completely undorground^building hofgfi't^vill be measured from existing grade so that-tho portion of tho parking stricture above existft^g grade is part of the building height. (Ord. NS-204 § 3, 1992: Ord|p?f80 § 8, 1991) ^ ffilih,,, \*%t I ,'t;,>y "^IM'-i --.MKJiJfc ^?«, ^llfe,,1* ^ T -HEIGHT LIMIT HEIGHT LIMIT -HEIGHT LIMIT r" FINISHED GRADE FIGURE #1 CUT GRADING rx HEIGHT LIMIT FIGURE FILL GRADING HEIGHT LIMIT HEIGHT LIMIT EXISTING GRADE , I -CUT AREA FIGURE #3 HEIGHT LIMIT WITH SLOPED TOPOGRAPHY AND DAYLIGHT BASEMENT STREET GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS -IIEIGHTJJMIT HEIGHT LIMIT • HEIGHT LIMIT PROPERTYLINE UNDERGROUNDPARKING EXEMPTED AREA IS SHADED FINISHED GRADE FIGURE #4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING :0 -HEIGHT LIMIT HEIGHT LIMIT •HEIGHT LIMIT VEHICLE ENTRANCETO UNDERGROUNDPARKING. . .• GRADE IMMEDIATELY ADJACENT TO VEHICLE ACCESS FINISHED GRADE —r FIGURE #4A EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING Exhibit C - Staff Response to Comments ZCA 08-01 / LCPA 08-02 - Building Height Zone Code Amendment Comments Response to Comments 1) Eric Munoz / Hofman Planning & Engineering Please clarify that building height limitations do not apply to allowed protrusions above the height limit. Please do not remove the reference to 21.46.020 ("Allowed protrusions above height limits") from Sec. 21.04.065 (definition for "Building Height"), which aids code users in finding the section on allowed protrusions. Staff Response: The draft amendment was revised so that the reference to Sec. 21.46.020 is proposed to be kept within the definition for "Building Height" (see Sec. 21.04.065.A.l.b in the draft amendment). 2) Rod Wright / Sillman Wright Architects Please do not remove the reference to 21.04.020 ("Allowed protrusions above height limits") from Sec. 21.04.065 (definition for "Building Height"), which would raise the question as to whether there are any allowed protrusions above the height limit. _ Staff Response: See above response to Comment 1. 3) Gary Baker/ Smith Consulting Architects Regarding the Q Qualified Development Overlay Zone (Chapter 21.06), the "1 foot increase in building setbacks for every 1 foot increase the building height exceeds 35 feet" reduces useable land and unfairly Staff Response: Comment noted. The proposed amendment is limited in its scope and is not intended to modify the height limits of the Q (Qualified reduces the floor area of a 3 story building. This has been difficult as the cost of land forces projects to go vertical. There should be some flexibility in this policy given topography, views from surrounding areas, etc. Development Overlay) or any other zone. The proposed amendment is concerned only with the measurement method for building height. 4) Paul Klukas / Planning Systems Figure 2 isn't wholly in accordance with the proposed wording for 21.04.065(2), which says that if an approved grading plan shows a higher finished grade, then the building height is measured from the approved finished grade. Staff Response: A note has been added to Figure 2 which states that this figure applies to projects with a nondiscretionary permit. Only with a discretionary permit can a project use a higher approved finished grade as the baseline for measuring height. 5) Raul Diaz / Roesling Nakamura Terada Architects a. 21.04.065 A. (or 21.04.161) - it might be helpful to establish a width ( +/- 3'?) for the "grade" (existing or finished) perpendicular to the building in order to avoid mounding up to the edges of the building back to the "existing grade". b. 21.04.065 A. 1. a. - Please define how much "minimally necessary" is regarding "underground parking" entrances. Also is there a way to minimize having a series of holes or driveways that disappear into underground parking, along the street. I can imagine in Narrow lots the entire front yard will be a hole (see figure 4). Perhaps requiring the driveway to the entrance to the underground parking not taking up more than a quarter (or a third) of the lot frontage would help minimize the street front being too disrupted. A couple of examples of what I'm concerned about can be found in my neighborhood: a good example is found on Garfield St. just south of Chestnut, a bad example is found on Oak Avenue Staff Response a. Height is measured from the lowest grade, whether it is finished or existing, so mounding fill against a building will not allow increased height. For discretionary permits, the decision maker has the discretion over which grade will be used to measure height from, so this situation can be avoided. b. Due to the variety of possible designs and situations with regard to underground parking, it is preferable to have flexibility in how much area or width is "minimally necessary" for "underground parking" entrances. Utilizing a strict standard may prevent certain designs from qualifying for this exemption. An example of "minimally necessary" would be the width of a driveway and a small distance on either side for retaining walls. An example not meeting the "minimally necessary" requirement would be the excavation of a patio or other outdoor space adjacent to the driveway. With regard to minimizing multiple driveways on street just East of Lincoln St. c. 21.04.065 A. (4) - Please keep the part of this section that allows "protrusions" above the height limit. The allowance of stair towers and widows walks and other "architectural" elements helps break down the building mass and creates a more interesting building profile, especially since most of us living in Carlsbad are very interested in creating spots within our house where we can get a view (glimpse usually) to the ocean. frontages, the "Building Height" definition is not the appropriate location in the zoning code for this type of requirement, and as such, is beyond the scope of this proposed amendment. c. See above response to Comment 1. 6) John Beery / Beery Group Inc. I have reviewed the proposed changes to the ordinance and I am OK with the information as presented. However, I think there needs to be an addition for "Architectural Elements". Either no part of any construction is allowed to go over the height or certain architectural elements may go over the height (Fireplace Chimney's etc...). The building code requires these elements to go higher which can and will cause confusion in the public between the building code and the ordinance. By not saying anything about these elements, there is some gray areas. Staff Response: See above response to Comment 1. Chimneys and other architectural elements are allowed to exceed height limits according to Sec. 21.46.020. 7) Robert Ladwig / Ladwig Design Group Inc. 21.04.065, paragraph 2. Near the end of the paragraph it states in part "compatibility with the existing grade of adjacent and surrounding properties". I see this as not clear and could be interpreted many ways. I think you need to define what would make finish grade not compatible so the designers have some guidance. Staff Response: Due to the variety of possible situations with regard to grading and differences between projects, it is preferable for the decision maker to retain flexibility and discretion with regard to whether the grading of a proposed project is compatible with its existing topography and neighboring properties. Each project is unique and a strict standard may prevent certain designs from being considered compatible. 8) Mike Howes / Howes Weiler and Associates a. With regard to measuring height from a higher finished grade with approval of a discretionary permit (proposed Sec.21.04.065.2), would this apply to a 4 lot parcel map that requires grading to fill in a gully? b. Proposed Sec.21.04.065.2 is not shown on any of the exhibits. c. With regard to nondiscretionary permits, what about grading required to get a lot to drain toward the adjacent street? Staff Response: a. Minor subdivisions are approved by the City Engineer and considered discretionary, so the provisions proposed Sec.21.04.065.2 would apply. Ministerial projects such as building permits are not considered discretionary. Also, for properties with truly unique physical features that would prevent development, it is possible to obtain regulatory relief through approval of a variance. b. Figure 1 applies to the proposed Sec.21.04.065.2. c. Separate policies exist to resolve these types of drainage issues. For example, a drainage easement over offsite properties may be used for situations where existing topography drains away from the street. Flexibility for height measurement from a higher finished grade may only occur through approval of a discretionary permit. This is consistent with the existing ordinance. 9) Steve Wallet / Starck Architects a. Measuring along the preimeter "up to the highest points of the structure" could be (mis) interpreted to mean that height is measured from the lowest point of grade to the highest points of the structure. Instead of the building height following the topography, this misinterpretation would establish a horizontal maximum height plane based on lowest grade, making it very difficult to design for sloped sites. The diagrams clarify your intent, and I think this is a minor concern. Staff Response: a. Sec. 21.04.065.A of the proposed amendment, which describes how height shall be measured, has been modified so height is measured from the lower of existing or finished grade up to a "warped plane", or an imaginary plane that "warps" to follow the topography, which is located at a height equal to the height limit of the zone. A proposed building must fit under this "warped plane". b. See above response to Comment 9.a. The "warped plane" tilts to b. As we discussed, the proposed definition and diagrams describe sites that slope in one direction, parallel to the building. I am concerned that this definition is much harder to apply when a site slopes at an angle to the building and/or in multiple directions. See attached (very rough) sketch where using the proposed method on a more complex slope yields 4 different building heights, for a simple building with a hip (pyramid shaped) roof. We suggest that, for complicated slopes, you use the existing method of measuring building height-where we measure to existing grade within the building footprint. We know that it is complicated, but we can't see any other solution for complex slopes. Perhaps you can add language that allows the existing method as an alternate, at the applicant's choice. Many sites in Carlsbad have these kinds of complex slopes, because the flat or simply sloping sites have been built on. c. The basement definition mentions "grade", but does not state whether this is existing grade, proposed or the lowest of either existing or proposed. From our conversation, I understand that the intent is that it be the lower of either, and it was omitted for simplification. At the risk of de-simplifying the wording, I suggest that you add "the lowest of existing or proposed grade" to the definition, to avoid misunderstandings. follow topography and works effectively on sloping sites. c. The proposed amendment to the "Basement" definition has been modified to replace "grade" with "the lowest of finished or existing grade". 10) Gary Cohn / Cohn + Associates a. First the graphics do not match the written language. The text indicates that the height is measured from all points along the perimeter to the highest point of the structure. This would mean Staff Response: a. See above response to Comment 9.a. b. See above response to Comment 9.a and 9.b. The warped plane that the maximum building height would be from the lowest point along the perimeter to the highest point on the roof. The graphics show measuring to the highest point of the structure in line (or cutting across the building) at any location along the perimeter. This is very different than the text. I think that the text needs to be revised and you need to have a graphic like the site plan (CP_site.pdf) that shows how you measure height along the perimeter. I.e. Building height at point A is the height in line w/ point B cutting across the building. b. Next, if indeed you do want to measure the height at each point along the perimeter, what happens if the height varies from side to side? In many cases the roof ridge is in the center of the structure; which side do I measure from? I suggest connecting the heights from side to side based upon the maximum height at the perimeter. (See graphics CP_elevation.pdf. c. When the text indicates measuring to the roof structure; does that mean plywood or top of roofing material? d. Are there any provisions for Chimneys? By California Building Code the opening of the flue needs to be a minimum of 24" higher than any roof within lO'-O" of it. This usually means the top of the spark arrester is about 3'-6" higher than any roof within 10'-0". Most codes allow a provision or exception for chimneys to exceed the maximum building height. e. Are there any provisions or exceptions for towers or Architectural elements to exceed maximum height. f. In regard to Underground parking; how do you determine the "minimum necessary to provide access" in underground parking? Can you slope grade down to the drive? Does it have to be retained? (See underground graphic) How much room can I have tilts with the topography and connects height measurements side to side based on the height limit of the zone at the perimeter of the building coverage. c. All roofing material such as tile located on top of the roof plywood would be included in building height. Only the protrusions allowed by Sec. 21.46.020 can exceed height limits. d. See above response to Comment 1. Chimneys are allowed to exceed height limits according to Sec. 21.46.020. e. See above response to Comment 1. Certain architectural elements are allowed to exceed height limits according to Sec. 21.46.020. f. See above response to Comment 5b. on either side of the door? If I can turnaround inside the garage does my door/driveway have to be narrower than if I have to backup the driveway? Is there difference between commercial applications and residential? (In commercial the minimum driveway is usually 24'). My suggestion is to address this issue more definitively. I would also allow for slopes as this might be a better design arrangement than walls. ID Bob Sukup / The Seabright Company a. In Sec. 21.04.065.A, is "along all points of the exterior perimeter of a structure" equivalent to all portions of a building? b. For Sec. 21.04.065.A.2, the requirement that a new higher finished grade be compatible with the existing grade and surrounding properties is subject to interpretation. c. For Sec. 21.04.065.A.2, when approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, should consideration be given to compatibility with future development? d. Height is measured from the lower of finished or existing grade, whichever is deemed appropriate? e. Is "building coverage" the building footprint or does it include overhangs? f. For Sec. 21.04.065.A.l.a, should existing grade or finished grade, "whichever is lower" be replaced with "whichever applies"? Staff Response: a. Yes, all portions of a building exposed above the lower of finished or existing grade are counted in height. Where the building meets the lower of finished or existing grade is where measurements are taken from. b. See above response to Comment 7. c. It is not possible to know the nature of all future development, so consideration of compatibility should be given to what is known, which is the existing grade and surrounding properties. d. By definition, height is always measured from the lowest of existing or finished grade, unless a different grade is "deemed appropriate" through approval of a discretionary permit. e. "Building coverage" can exceed the building walls (i.e. footprint), and does include structural overhangs attached to the building, but does not include roof eaves, to the extent that any of these are above the lower of finished or existing grade. Please see Sec.21.04.061 for the definition of "Building Coverage". o g. Does the top half of the paragraph in Sec. 21.04.065.A.l.a only apply to nondiscretionary permits? h. For Sec. 21.04.065.A.2 at the end of the first sentence, "may be measured from the approved finished grade" is subjective and incorrect as it is a done deal once the discretionary permit is approved. i. Please add a note that the proposed "Existing Grade" definition applies only to nondiscretionary permits? j. Please add a note that any field changes to a previously approved discretionary pad grade will allow the building to be measured from the revised lower pad or from the original design pad in the case of a pad being raised. k. Please add the following note to Figures 1 and 2: "For nondiscretionary permits", and show figures for discretionary and nondiscretionary permits. I. Are garages located on the side of buildings exempt from height? What about situations where there are full height grades on both sides of a structure but it doesn't qualify as a basement? f. The lowest grade always applies, unless a discretionary permit is approved. g. If a discretionary permit approves a lower finished grade instead of a higher finished grade, then the lower finished grade is used to measure height. Essentially, a discretionary permit uses the finished grade (whether lower or higher than the existing grade) for measuring height, and differs from a nondiscretionary permit only in the potential use of a higher finished grade for measuring height. h. The intent with the word "may" is that the decision maker for a discretionary permit exercises their discretion to approve a new finished grade and approval is not automatic or guaranteed. However, once the approval of the discretionary permit has been obtained, it is final and not subject to further discretion on the City's part. i. The proposed "Existing Grade" definition is consistent with the "Existing Grade" definition currently located within the "Building Height" definition (see Sec. 21.04.065.a.2 in the existing ordinance). j. The "Building Height", "Existing Grade" or "Finished Grade" definitions are not the appropriate location for regulations regarding design changes in the field. Presumably, if a pad elevation is modified in the field, the height limit would shift correspondingly as well. k. This note has been added to Figure 2. Figure 1 applies to both discretionary and nondiscretionary permits. Both discretionary and nondiscretionary permit situations are adequately described by the proposed figures. Vehicle access to an underground garage would be exempt from measuring building height, whether it is on the front or side of a building, as long as the amount of excavation to access the garage is minimally necessary. If a partially subterranean parking area does not qualify as "Underground Parking"(as defined), then this exemption does not apply. Response to Comments - June 3,2009 ZCA 08-01 / LCPA 08-02 - Building Height Zone Code Amendment Comments Response to Comments 1) Buck Thompson / Pi Arc Design a. The basement definition is confusing. In the first sentence, basement is defined as the part of the building where a floor is partly below and partly above the lower of finished or existing grade, as measured along all points of the perimeter of the structure immediately adjacent to the building coverage. The second sentence states that the above definition applies to 75% of fas perimeter of the basement. These two sentences seem to conflict. A suggestion is to define a basement as the part of the building where a floor is partly below and partly above the lower of finished or existing grade, and delete "as measured along all points of the perimeter of the structure immediately adjacent to the building coverage ". Then state that the definition must apply to 75% of the basement (see proposed alternative definition for "Basement"). b. The basement definition should include language describing the difference between a "Basement" and a "Story", and better describe floor area (see proposed alternative definition for "Basement"). Staff Response: a. Staff noted the confusion and modified the "Basement" definition to address this comment. The terms "structure" and "building coverage" were removed to clarify that the basement definition and 75% rule only apply to the portion of the building that would be the basement. b. The term "Story" has its own definition in the Definitions Chapter of the Zoning Ordinance and is beyond the scope of this amendment. Adding definitions of floor area and story to the basement definition are not recommended. c. See above response to Comment B. Also, this implies that for the portion of a building that is basement, this portion would not be counted in height, whether it is above grade or not. This is counter to the intent of the amendment to include exposed basements in building height. d. Correct. Basements and underground parking are not considered a story. e. This was a misunderstanding that was clarified through discussion. The amendment proposes to apply the 75% c. For the portion of a building that is a story, this portion should be counted in height (see proposed alternative definition for "Basement"). d. Will a basement or underground parking still not be considered a story as defined under Definitions 21.04.330 "Story"? e. In the basement definition, changing the requirement that "this definition must apply to a minimum of seventy-five percent of the perimeter of the building coverage for a structure to qualify as a basement" to "this definition must apply to seventy-five of the basement for that portion of a building to qualify as a basement" does not work and is not possible to meet because frequently the size of a basement is smaller than the floor above (and corresponding overall building coverage). f. In general, the 75% rule for basements is too restrictive and difficult to meet, and should be less than 75% (see "BLDG HOT" doc attached for examples). g. In regard to the proposed underground parking exemption, with a side loaded underground garage where the driveway parallels the building (and exposes subterranean parking), will this area be considered exempt, or only the opening itself to the underground garage? h. If an exposed basement is adjacent to an underground garage opening, will the exposed basement portion of the building be counted in building height? rule to basements only, which specifically addresses the issue where the perimeter of the building coverage is larger than the perimeter of the basement, and therefore impossible for the basement to meet the 75% rule if applied to the overall building coverage. f. Comment noted. The 75% rule for basements is a regulation in the existing code and was not a part of this amendment. No changes are proposed by staff for this regulation. g. This depends on the specific design of each project. Only the area that is minimally necessary and pertinent to getting a vehicle into an underground parking garage would be exempted, and an applicant would need to demonstrate the design meets this requirement. Design choices made to unnecessarily excavate areas around the entrance to underground parking would not be excluded from height. This does not mean that only retaining walls must be used for designing the driveway, but could include retaining walls combined with small slopes, etc.; however, the point is that portion exempt from height should be reasonable, minimally necessary and pertinent to getting vehicle access to the underground garage. h. Yes. The intent is that only the area required to get a vehicle down to underground parking would be exempt from height. i. Comment noted. The intent of the amendment is to count all portions of a building exposed above grade, including J- Not exempting an exposed basement that is adjacent to an underground parking entrance from height penalizes a building/project for utilizing the potential and associated benefits of subterranean space. Other various comments about the graphics, such as whether Figure 3 adequately describes the basement definition. basements, in building height, and only to exempt the access to underground parking. The area of the underground parking entrance to be exempted is the area below the grade located immediately adjacent to both the underground parking structure and underground parking entrance, provided it is not an exposed basement. The graphics are intended to be a general representation or idea of how to interpret the code language and are neither drawn to scale nor intended to specifically represent an actual design. Figure 3 is intended solely to represent how height is measured if a building is situated on a sloping lot and has a basement, but does not represent how to measure a basement. 2) Wolfram Kalber / Wolf Design Build a. Flat roofs should be allowed to exceed the 24' height limit intheR-1 zone. b. Chimneys and rooftop structures for solar equipment should be exempt from height. c. Carlsbad size requirements for roof-decks are too restrictive and it is difficult fit an elevator plus stairs within the area allowed for a roof-deck. d. Access/drive for underground parking to be excluded from height is a good idea. Staff Response: a. Comment noted. The scope of this amendment is limited to the Definitions Chapter of the Zoning Ordinance and does not propose modifications to the height limits in any zone. b. Both chimneys, solar equipment and rooftop structures that house solar equipment are exempt from height limits per Sec. 21.46.020. Sec. 21.46.020 is beyond the scope of this amendment and no changes are proposed for this section. c. Comment noted. Planning Dept. Policy No. 15 regarding roof-decks is beyond the scope of this amendment. e. If the intent is to simplify the height definition, instead of measuring from every point along the perimeter of the building coverage, just draw a straight line from high point to the low point ("A" to "B") and ignore small grade variations in between. f. If the intent is to simplify the height definition, including exposed basements in height will add complexity to the project design and construction process. For a sloping property, counting basements in height will result in awkward roof planes that are difficult to design and less attractive. Only pre-existing grade should be used for measuring height. Since pre-existing grade is certified by a survey, it can always be referred to if conflicts arise in the construction process about whether too much grading is occurring or the building is too tall. g. On sloped lots pre-existing grade is always different on opposite sides of the house. To simplify, let the higher side be the "constant" height limit line. h. Planning and Engineering departments should work together to determine an acceptable percent gradient for driveways down to underground parking. d. Comment noted. e. Simplification is one goal of the amendment, but changes to add simplicity are still subordinate to the overriding objective, which is a conscious decision clarify that (1) height should be accurately measured from the lower of finished or existing grade at all points adjacent to the building coverage, (2) all exposed portions of a basement are to be included height, and (3) building mass should follow topography as closely as possible. The amendment language as proposed by staff meets this clarification objective while providing adequate simplicity. f. Simplification is one goal of the amendment, but changes to add simplicity are still subordinate to the overriding objective, which is a conscious decision clarify that (1) height should be accurately measured from the lower of finished or existing grade at all points adjacent to the building coverage, (2) all exposed portions of a basement are to be included height, and (3) building mass should follow topography as closely as possible. The amendment language as proposed by staff meets this clarification objective while providing adequate simplicity. Simplicity and clarity were achieved from a regulatory perspective because the conflict in the existing code between basements (measure height from the existing grade) and the "Building height" definition (measure height from the lower of existing or finished grade, at all points along the perimeter of the building coverage) no longer exists. Whether including basements in height results in better or worse looking building is subjective. Staff feels that architecture will be improved if the house more closely follows topography and the roof line and building mass is varied because the building must follow grade. Furthermore, these regulations will increase the compatibility of new buildings on infill lots. g. The warped plane concept tilts in the direction of topography from front to back and side to side, which staff feels adequately addresses an issue where topography is different on opposite sides of the house. Using the higher side will add height to a building and runs counter to the intent where building architecture and mass follows topography as closely as possible. h. Comment noted, however this topic is beyond the scope of this amendment. Buck Thompson Proposed basement definition: 4 7 SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall be amended to read as follows: Section 21.04.045 "Basement" means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, as measured along all points of the exterior perimeter of the structure immediately adjacent to the "building coverage" (defined: 21.04.061), 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 the basement for that portion of a building to qualify as a basement. (Ord. NS- 532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) "Basement" means a portion of a building area, between floor and ceiling, which Is completely or partially below the directly adjacent grade, To qualify as a basement area the adjacent exterior walls (as vertically measured from a point along the lowest of either existing grade or finish grade) which have a greater distance to the adjacent interior floor below than to the adjacent interior ceiling above shall represent no less than seventy-five (75%) of the total perimeter measurement of the basement area. For any basement area which has no apparent exterior wall a line shall be created, and along this line it shall represent a wall that has a lineal measurement which Is greater to the ceiling area above than to the floor area below. Any floor area that extends beyond a basement area shall be considered the floor area of a story and the exposed walls shall be measured in determining building height. See "Building Height" for underground parking structure entrance exemption. 9 10 II 12 13 14 15 ,. 3.._.a | (which shall not be considered a story) 16 17 18 19 20 21 28 > . ' . „ . .' .' ', „. .... I Comment revi8W?S% requirement -It seams 67% (2/3)is lower, at all points along the building] wouidmoferea|isticanct lets prohibitive | plane located at a height, above all points diuny uie uuiiumy uuveidye , uiai is euiuai lu the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. 1. "Building height" includes: a. All portions of a building exposed above the whichever is lower. This includes, but is not lir lited to, all portions of exterior walls of a basement, underground parking or are exposed above existing grade or finished < the exposed exterior portion of a basement lo side of a building on a sloping lot, but does ndt Delude the exposed portion of an "underground parking" structure entrance sting grade or finished grade, >ther subterranean areas that rade, whichever is lower, and ;ated on the downhill or uphill (defined: Section 21.04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is lower, of the area that is immediately adjacent to the "underground parking" structure. 7.1 b. Per Section 21.46.020 of this title, protrusions above the building height limit may be allowed. 2. If a discretionary permit for a development or alteration of an existing development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing 23 24 25 26 grade, consideration shall be given to the natural topography of the site, 27 .4. Buck Thompson Comments 70 ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT June 3, 2WW Page.2 The objectives of th: proposed amendment is as follows: A. Simplify ihe method for calculating maximum building height, B Clarity that exposed exterior walls of basements are included in the building height measurement. C Exempt the entrance 10 underground parking from inclusion in the measurement of height, D. Clarify when existing and finished grades are to be used fcr measuring building height. E. Modify other zoning definitions for consistency with the proposed amendment. Graph i WILL ADASCMCNTOR UNDERGROUND PARKING STILL NOT DC CONSIDERED A STORY AS DEFINED UNDER "DEFINITIONS" 51 04.330 STORY? ,. jcm js t(J s (see the provide thcss graphics as a handout available 10 ths public at the Planning Department coumer nnd website. Prior to scheduling this proposed Zanc code amendment for public hearing, staff distributed draft ordinance text revisions to members of the development community ue. ; Ihe Chnmber of Commerce, BIA. Architects, Developers, and Planning Consultants) for review, ccmment and input. The comments received arc inciuded In the attached Exhibit B. In addition, notification of Ihc proposed urnendnieril was published in the North Cuunty Times and Cuast News on April 17, 2009, and copies of the proposed amendment were provided at the Planning Department counter lor public review. IV. ANALYSIS A. Simplify tin method for calculating maximum building height. The existing dclluUiuji uf building height lakes jsicasujcaiciili! <jf a building frjiu ul! joints at grade along the perimeter of the building coverage, and all points within '.lie building coverage. For a sloping let with varying topography, hsigbl tnMsurernents within the building coverage are difficult ID implement because the grade points must be projected horizontally through the inside of Ihe buil:1ing: and height measurements taken from these projected points, hinherrnore, lor poinls wilhin the huildirg coverage, the existing code definition did nnt distinguish whether to measure from the existing or finished grads. Also, the existing code definition states that height shall be measured U: dm liighvSt pjint :x the structure "directly ub/jve thai point cf ineusuranjiit" as well as ''to the peak of the structure", which ccn sllow different interpretations. The proposed amendment will require height to be measured from all points at grade along only the exterior perimeter of the building coverage. Height is always measured from lowest of finished or existing grade (unless the project, includes a discretionary perrr.il, see item D below). The amendment proposes to measure height up to an imaginary "warped" plane located above, arid parallel lo, llic &rude; uud at the height limit yf tin; underlying ijnc. A prupyscd buildifi!" must fit between the grade and the warped plane that parallels the grade and represents the height limit of the zone. Building height regulations are primarily concerned with the visible exterior 10 COPY ZCA 08-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT June 3,2009 Page 4 pads}. No changes to this concept are proposed by this amendment. However, two considerations are proposed when approving a grade that is higher than the existing grade: (1) compatibility of the proposed grading witli the topography or the site and surrounding properties, and (2) standards for access, utilities and drainage, Additional changes have been added for clarity, and the reference to August 1, 199] was icmoved as it refers to projects that were in process at the time of a previous zone code amendment and does not affect current development situations. Also, the current definition for "Grade" was replaced by two definitions For consistency with the proposed amendment: "Grade, existing1' and "Grade, finished". E. Modify other zoning definitions for consistency with the proposed it mend merit. VariousCiiunycs AICproposed tuthe "Basement",'BuildingHciglif tuid"Underground Pumug" definitions (CMC Sections 21.04.045, 21.04.65 and 21.04.370 respectively) for clarity, such as locating oil descriptions of what part of a structure are included in building height only in the Building Height definition (CMC Section 21,04.065). A second proposed modification for "Basement" is designed to resolve the following problem: the current standard requires :he "Basement" definition (that more basement wall be located below grade than above) to apply to 75% of (he building coverage to qualify this part of the sliuc.urc m> it buieaiciil, however, if the flow area of a basement is much smaller than the floor area of the building above, the 75% calculation is impossible to meet. The intent of this section is that 75% of the perimeter of the basentenf meets this definition, and the proposed wording re Ft acts this intent. ii»^sB!fai:fci;>™i™«i^:i-i3W ««...],r-.«^x -- * ¥. General Plan, Zoning Ordinance »nd Local C'osishd Program Consistency The purpose of the proposed Zone Code Amendment and Local Coastal Program Amendments is to resolve ambiguities and provide ularifkaliuii for the ineUiud used tu cdvulate building height. Building height regulations are one tool that the City uses to ensure that development provides both a pleasing visual form and compatibility with existing neighboring development, consistent with the General Plan, Though there are no policies in the General Plan that specifically relate to the measurement of building height, the proposed amendments do not conflict with any goal, objective or policy of the General Flan, and improved clarity and consistency for building height regulations will further the goals and objectives of the General Plan With regard to the Zoning Ordinance, the pioposed amendments to the Definitions Chapter will not create any conflicts with the provisions of the Zoning Ordinance. The proposed amendment wili correct existing inconsistencies and ensure that new inconsistencies do not occur. With regard to consistency with the Local Coastal Program, as mentioned curlier in (his report, the Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). The LCP amendment is necessary to ensure consistency between the LCP and Zoning Ordinance. The proposed amendment will nul result in any conflict with the provisions of the LCP. 11 I 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 SECTION II: That the Section 21.04.045 of the Carlsbad Municipal Code shall be amended to read as follows: Section 21 .04.045 "Basement" means that portion of a building between floor, completely or partially below the existing grade or finished grade^ wl ceiting which is ver is lower, as measured along all points of the exterior perimeter of the structure <lmrneiatiy iffioitfo $» "building coverage" (deftiacJ; 2i.04lil), 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 the basement for that portion of a building to qualify as a basement. (Ord. NS- 532 § 1, 2000: Ord, NS-204 § 1, 1992: Ord. NS-180 S 1.1991: Ord. 9080 § 20B) SECTION That the SecGonYT.U4.uoo ot Code shall be amended to read as follows: 21.04.065 Building height. A. "Building height" is limited to the vertical distance measured from "existing grade" (defined: Section 21.04.160) or "finished grade" (defined: Section 21.04.161), whichever is lower, at all points along the "building coverage" (defined: 21.04.061) up to a warped plane located at a height, above all points along the "building coverage", that is equal lo the height limit of the underlying zone. All portions of the building shall be located at or below the building height limit, except as provided below. 1."Building height" includes: a. All portions of a building exposed above the existing grade or finished grade, whichever is lower. This includes, but is not limited to, all portions of exterior walls of a basement, underground parking or other subterranean areas that are exposed above existing grade or finished grade, whichever is lower, and the exposed exterior portion of a basement located on the downhill or uphill side of a building on a sloping lot, but does not include the exposed portion of an "underground parking" structure entrance (defined: Section 21,04.370) that is minimally necessary to provide vehicle access to the "underground parking" structure and which is below the existing or finished grade, whichever is tower, of the area that is immediately adjacent to the "underground parking" structure. b.Per Section 21 .46.020 of this title, protrusions above the building height limit may be allowed. 2.If a discretionary permit for a development or alteration of an existing development is approved, and such approval includes a grading plan that shows a finished grade higher in elevation than the existing grade, then building height may be measured from the approved finished grade. In approving a finished grade through a discretionary permit that is higher in elevation than the existing grade, consideration shall be given to the natural topography of the site, -4. 12 1 compatibility with the existing giacle of adjacent and surrounding proparties, and the need to comply with required access, utility and drainage standards, 2 When nonrliscretioj>ary permfts allow reiaining walls, fil or other grading, which 3 create a finished grade higher in elevation than the grade that existed prior to the retaining wall, fill, or grading, then building height shall be measured from 4 existing grade. (Ord, NS-675 § 1, 2003; Ord. NS-204 § 2,1892: Ord, NS-180 § 3, 1891: Ord. 9667.1983: Ord. 8498 § 1,1973: Ord. 9141 § 1: Ord. 9060 § 212) SECTION IV: That the Section 21.04.065 of the Carls&ad Municipal Code shall 6 be amended to read as fellows: 7 21.04.160 Grade, existing. 8 "Existing grade," for the purposes of measuring building height, means the ground 9 elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development (Ord. NS-1BO § 4, 1991: Ord. 10 9060 § 231) 11 SECTION V: That the Carlsbad Municipal Code shall be amended to add the 12 following new section as follows 13 21.04,161 Grade, finished. 54 "Finished grade*, for the purposes of measuring building height, means the final ground elevation after the completion of any grading or other site preparation related to, or to be '5 incorporated into, a proposed development or alteration of an existing development 16 SECTION VI; That Section 21.04.370 of tie Carlsbad Municipal Code shall be 17 amended to read as follows: 18 21.04.370 Underground parking. 10 "Underground parking" means parking areas that are located complstely or partially 2Q underground where the finished floor of the parking area is below grade to the point where the parking area qualifies as a basement as defined in Section 21.04.045. 7J (Ord. NS-204 § 3, 1992: Ord. NS-180 § 8, 1991) 22 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 23 adoption but not until approved by the California Coastal Commission, and the City Clerk shall 24 sortify to the adoption cf this ordinance and cause it to be published et least once in a 25 publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 26 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City •77 Council on the cay of 2009, and thereafter. 28 -5- 13 PER THE "BASEMENT" DEFINITION THIS AREA WOULD NOT QUALIFY AS A BASEMENT, BECAUSE IT DOES NOT MEET THE 75% PERIMETER RULE. HOWEVER, IF THE BASEMENT EXTENDED TO THE BUILDING "FOOTPRINT" THEN IT COULD QUITE POSSIBLY MEET THE 75% RULE, WHAT CONCERNS ME IS THE NEW DEFINITION APPLIES THE "PERIMETER MEASUREMENT" STRICTLY TO THE BASEMENT, WHERE IT W1LL ALWAYS BE MORE RESTRICTIVE. PREVIOUSLY IT APPLIED TO THE "BUILDING COVERAGE" AREA WHICH, IN FACT, PROVIDES FOR A SAME SIZE OR SMALLER BASEMENT OPTION. THE NEW DEFINITION APPEARS TO BE INCONSISTENT. AND CONTRARY, FOR ALLOWING A SMALLER BASEMENT AREA. ADDT1ONALLY, PER 2007 CBC, CHAPTER 12, SECTION 1205 - NATURAL LIGHT AND VENTILATION, IF A BASEMENT AREA EXTENDS TO THE LIMIT OF THE "BUILDING COVERAGE" AREA OR GREATER THEN IT POTENTIALLY LIMITS THE USABLE AREA TO STORAGE, ETC- AND NOT HABITABLE SPACE. UNLESS THE INTENT IS TO CREATE MORE STORAGE, ETC. AREA IT UNNECCESSARILY INCREASES THE OVERALL COST OF A STRUCTURE EXPONENTIONALLY BY ADDING APPROX. 25% MORE MASS EXCAVATION PLUS RETAINING WALL SYSTEMS, ETC. TO ME THIS DOES NOT SEEM TO MEET THE INTENT OF REVISING THE DEFINITION. [BLUE DAYLIGHT BASEMENI ADDITIONAL EXCAVATED AREA RED DAYLIGHT BASEMENT EXISTING GRADE ^KLJfJMJi SLR-E BJUL KJUfc «LJ«JML* «AX JLflJi tAE SJ> A %J._at»i.»» •_«»_«« -CUT ARE A FIGURE #3 HEIGHT UWrT WITH SLOPED TOPOGRAPHY AND DAYLIGHT BAStMENT PER THE "BASEMENT" DEFINITION THIS AREA WOULD UNDOUBTLY QUALIFY AS A BASEMENT, BECAUSE IT WOULD EASILY MEET THE 75% RULE. THIS APPLICATION WILL ALSO EFFECT UNDERGROUND PARKING AREAS BECAUSE THEY MUST QUALIFY AS A BASEMENT AREA AND THE BENEFIT OF NOT INCLUDING THE ENTRANCE AREA IN THE BUILDING HEIGHT WILL BE JEPORAOIZED IF NOT NEGATED. 14 IF THE 'PERIMETER MEASUREMENT" IS RESTRICTED TO THE AREA IMMEDIATELY ADJACENT TO THE "BUILDING COVERAGE" AREA - THEN ARE THE DAYLIGHT AREA OF A BASEMENT, PLUS OTHER EASEMENT EXTERIOR SURFACES IMMEDIATELY ADJACENT TO THE "BUILDING COVERAGE" AREA ARE THE ONLY PERIMETER MEASUREMENTS NEEDED. IF THIS IS THE CASE THEN PERHAPS THE 75% RATIO NEEDS TO BE SIGNIFICANTLY ADJUSTED LOWER - Q3 LESS. i HEIGH"! LIMIT j> £ 4 C GRADE IMMEDIATELY ADJACENT TO VHHICLH ACCESS HI-IOHT LIMIT PARKING GARAGE ENTRANCE UNDERGROUND PARKING AREADAYLIGHT BASEMENT AREA Ett GRADE PROFERTY EXEMPTED ARE A IS SHADED FIGURE #4 EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING THIS SHOWS AN INTERESTING DRIVEWAY/DRIVE AISLE SLOPE CONDITION THAT ~HE ENGINEERING DEFT SURELY WOULD HAVE SOMETHING TO SAY ABOUT FOR STARTERS A VEHICLE COULD NEVER TRAVEL OVER THE ADJACENT UPPER OR LOWER SLOPES WITHOUT BECOMING HIGH CENTERED - AND THIS DEMONSTRATES HOW LONG A UNDERGROUND VEHICLE APPROACH ACTUALLY HAS TO BE IN ORDER TO PROV DE THE PROPER SLOPE AND TRANSITIONAL SLOPE AREAS. THF Ol JFRTION IS' SINCF IT AOTl IAII Y TAKFS A SI JRSTANTIAI HORI7ONTAI HISTANCF TO Al I OW FOR A RIDF APPROACHING ORIVF TO AN ! IKOFRGROt JND PARKING AREA, WHAT HAPPENS TC THE USABLE "DAYLIGHT" BASEMENT AREA THAT IS IMMEDIATELY ADJACENT AND IS IT CALCULATED IN THE BUILDING HEIGHT? THIS STARTS TO MAKE THE TERM "IMMEDIATELY ADJACENT' SOUND A LITTLE MORE FUZZY TO ME. 15 IF A "DAYLIGHT' BASEMENT WERE IN THIS AREA - WOULD THE HEIGHT LIM TATION BE BASED UPON THE FINISH GRADE IMMEDIATELY ADJACENT TO THE WALK-OUT PORTION OF THE BASEMENT? I BELIEVE THE ANSWER TO BE. YES - AS LONG AS THE VERTICAL MEASUREMENT OF THE ADJACEN" WALL SURFACE AREA DID NOT EXCEED Sff-O" (OR 27'-0" IN THE CASE O= A LESS THAN 3.5/12 ROCF SLOPE). IF IT DID EXCEED W-T THEN IT WOULD NOT MEET THE BLDG HOT. LIMITATION, EVEN THOUGH IT IS "IMMEDIATELY ADJACENT' TO THE UNDERGROUND PARKING ENTRANCE IN ORDER TO COMPLY WITH THE PROPOSED REQUIREMENT THIS POTENTIALLY FORCES A "BELOW GRADE" FLOOR ELEVATION CHANGE WHICH IS COSTLY AND UNfvECCESSARY. ADOriONALLY, THIS WOULD PROVIDE NO OTHER BENEFIT THAN TO MEET AN UNINTENTIONAL AND SUBJECTIVE "BUILDING HEIGHT" CRITERIA THAT PENALIZES A BUILDING/PROJECT FOR UTILIZING THE POTENTIAL AND ASSOC ATED BENEFITS OF SUBTERRANEAN SPACE. •HEIGHT LIMIT Ht-lGHT LIMIT -HEIGHT LIMIT TO UNDERGROUNDIPARKING GRADE IMMEDIATELY I ADJACENT TG VEHICLE ACCESS FIGURE #4 A EXEMPTION FOR VEHICLE ACCESS TO UNDERGROUND PARKING 16 : 1 BAS.EMENT PE«yiETER ii CALCULATION CALCUL6TKSIREQU1SED PER KE« DEFMTIOB4C-J8l2=13SL.f(BASMT PEFaMETER) TOTit =^KLf s 75 = !<ELF. i»% LESS THAU BUILBNG tLVPflOVHSE ?! L.FEEL OW GRADE AREA WITH A MODERATE14% SLOPE CONDtTION AMD >VSVi.r: ,MQ7 CALCULATT-WISEQWSEO PER OLD DEFllimOh:*! • W < 2 = ISO L.F IBLDG PERIMETER', t4»5-5 = 2* L.F. JEALCOKT) TOTAL = 1« L.F (BU1LD1NC CefcSRAGS BASEMENT ARE4 REffD 164 < .75 = 1S« LF. BA&EUCNT AREA |3C"i L^SS THAN BLDG COVERAGE AREA; WILL PSOVIDE se L.' SELO* GRADE AREA WITH 4MOOERATEK* 8LQ»E Hr LEVS. FLAK l - 1 4% UPSLOPE LOT - UNI7ER6ROUNP PARKING eARAcSE / PARTIAL BASEMENT AREA >NOULD NOT QUALIFY - DOES HOT MEET THE "75% PERIMETER BELOKH 6RADE RULE UNOERG^C-UHD BKC GARAGEW A.1 17 HABITABLE 3ASg EA RgSMTS 2K7 CBC CHAPTER 12 SECTION 1205 REQUIRES ILL hASTTie^E AREAS TO HA',-E MIM^UM NATJRiLUGHT 3iSED OK THE OPENINGS PROVIDED -OTHE EXTERIOR ENVIRONMENT THEALLOWABLE HAEfTABLE SPACE WOULD BE I."M SQ. FT.Of EASEMENT FLOO"i AREA THE ENTIRE BA8EMEKT AREAOOU^D E£ USED IS HiBITABtE AREA. CZ i,< a if! 111 EASEMENT PERIMETER ifSJ. CALCULATION CALCOLAT10K REQUIRED P£<? NE.V DERNITIOti « - 28 * 2 = 1SS L.F (BASMT PERMETER) TOTAL =13«L.f » 7S=162LF. BASEbOIT iREi |3OTt LESS THAN BUILDING COVBttGE AREA) WILL CMLYPRO-vlDE 72 L.F ECLOVV GfSAOE ASEi >«Th t HOOERiTE14S SLOPE CON DITION AND :,YO.i^S ,1pr CALCULATION REQUIRED PER OLD DEFINITION: 4C » « « 1 = 1SB L.F (BLDO PERIMETER; U»5-5 = 24 LF. PALCOKTI TOTAL = lit L.F IBULDIN'3 COVERAK) EASEMENT AREA REQTJ 164 X .75 = 138 LF.' BASEKSJT AREA j3Cf* LESS THAN BLDG CO'vERAGE AREA; VWLL PROVIDE S« L F BELOW GRADE AREA WITH A WOOERATE W% SLOPEccwcmoN IMP itm.'. n>.'''c^rA_iF.- >OG EXAMPLE $2 - 1 4% UP5LOPE LOT - PARTIAL BASEMENT AREA W/ (SARDEN PATIO KSOULD NOT QUALIFY - DOES NOT MEET THE 15% PERIMETER BELO^ (3RAPE RULE EXAMPLE *2 JPSLOPE LOT PARTIAL SA5MNT w,1 GARDEN PATIO A.2 18 FHOMT ELEVATOM EXCAVATION REQMTS REQUIRES APPRO*. 24.0CO C F. OF EXCAVATION fiS'-i GREATER "HAM EXAMPLES 21 OR *2 «T> SMALLER BASEMENT i GARAGE AREAS', HABITABLE BASEMENT AREA ^EOMTS: VXP CBC CHAPTER 12 SECTION 12CS REQUIRES ALL HABIT43LT ASEAS TO Hi'vE MINIMUM ki'URAL LIGHT BASED ON THE OPENINGS PROVIDED TO THE OCTERK« EWIRONMENT THE ALLOiVtSLE HASfTtBLE SPACE WOULD BE -. 1OT SS FT. Of BASEMEhT fLOOR AREA. THE SEMilHWG AREA WPPSOX. 25S] COUiC OHLV BE USED AS A MECHANICAL R» OR STORAGE AREA N LEVEL PLAN EASEMENT PERIMETER AREA CALCULATION CALCULATION REQUIRED PER HEfi DEFINITION. 40 X 2 = 1S1 L.F (BASKT PERWETER)TOTA -ISILf i 75 = 12CLr. AR£i IS EQUAL TO BUIUSNG FOOTPRINT AREA AND MLL PSO'/IDE 1S9 L F BELOW SRADE ASEA ftTTH i SHALLOW 15% SLOPE CONDITION AND I'^C'13 QUta.iFf CALCULATION REQUIRED PES OLD OERNfTCU.:« - 4012 - i«n L.F IBLK; PERWIETESJ(4-S-.5 = 2*LF.|BALCOKV) TOTAL = 1S4 L.F (SUILOIMG CO%'ER4.GE:i BASEMENT AREA REQT> 184 X .75 = 138 LF.' BASEISNT AREA WILL PROVIDE 1Z3 L.F BELOW GRADE AREAWJTK A SHALLOW ICS SLOPE CONDITION AND WSjiS ,Wr EXAMPLE $3 - 1 O% UPSLOPE LOT - FULL BASEMENT AREA w/ XMALK OUT PATIO K4OULD QUALIFY - POE5 MEET THE 15% PERIMETER BELOW C&RAPE RULE £) *- *" IU <1 v- zo£ •u z S\ :• Ui ;OCiS V> SL ',) TJ EXAMPLE *2 UPSLOPE LOT FULL B58EMEFJT w,' *VALK-Ot'T PATK A.3 19 EXCAVATION REQMTS REQUIRES APPROX. 24.00* C f. OF EXCAVATION (25% GREATER THAN EX6MP-ES *l OR*2ftrrn SWALLES BA\SEMSJ^ i GARAGE AREAS)< __ BASEMENT PERIMETER CALCULATION REQUIRED PES KBV DEFINITION « . «. « 2= 150 L.F (BiSMT PERIMETER!TCTiL =1(0 LF i 75 = 12CLr. IS EQUAL TO BUILDING FOOTPR1MT ABEA AMP .MLL MJOVIDE 120 L.F Baff* GRADE AREA WTFJ. i SHALLOW 1 KSLOPE COJDtTlON AND VfOS.3 0<Jf.^f CALCULAITON BEQWREI) PEH OLD DEFINITION:U . «' I 2 = 180 L.F PLDG PEUJMETERi14.6-5 = 21 LF. IBALCOKTITOTAL = 1M L.F fBWLHMG COVERAGE)EASEMENT AREA RECTS tU * .75 = 1SS LF. BASEMENT AREA WILL PROVISE UIL.FEtELCWV GRADE ASEA WTTfi A SHALLOW 1 K SLOPE COHDTFION AMD »S.^E ."07 .t? O Cl EX4MPLE1I4 JPSLOPE LOT EXAMPLE #4 - 1 O% UPSLOPE LOT - UNDERGROUND P ARXIN6 SARA^E / PARTIAL BASEMENT AREA WOULD QUALIFY- - DOES MEET THE 15% PERIMETER BELO^N SRAPE RULE ?KG GARAGE »'! SiRTIAL BASM-NT A.4 20 t, A.5 21 Wolfram Kalber Comments 22 : ENTRANO-TO UNDERGROUNDPARKING i -ORAOE IMMEDIATELY ! ADJACENT TO VEHICLE ' ACCESS 1 MNISHED GRADE FIGURE #4A EXEMPTfOH FOR VEHICLE ACCESS TO UNDERGROUND PARKING 23 HXISTING GRADE liESGifT LIMIT WITH SLOPED TOPOGRAPHYAND DAYLIGHTBi\SEMEKT 24 ERRATA SHEET FOR ITEM #3 June 3, 2009 TO: PLANNING COMMISSIONERS FROM: Corey Funk, Associate Planner SUBJECT: ZCA 08-017 LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT Staff is recommending that the Planning Commission include the following revision to the "Basement" definition, which addresses comments received from Buck Thompson. The double strike-out shows the portion to be removed from, and bold underline shows the portion to be added to the amendment language as proposed in Exhibit X, which is attached to Resolution No. 6565: Section 21.04.045 "Basement" means that portion of a building between floor and ceiling which is completely or partially below the existing grade or finished grade, whichever is lower, as moaourod along all pointo of the exterior perimeter of the otruoturo immediately adjacent to the "building coverage" (defined: 21.01.061), but so located that the vertical distance from exterior grade to the adjacent interior floor below is more greater than the vertical distance from exterior grade to the adjacent interior ceiling above. This definition must apply to a minimum of seventy-five percent of the perimeter of the basement for that portion of a building to qualify as a basement. (Ord. NS-532 § 1, 2000: Ord. NS-204 § 1, 1992: Ord. NS-180 § 1, 1991: Ord. 9060 § 208) Attached for the Commission's information are the following: • Staff response to comments from Buck Thompson and Wolfram Kalber • Comments received from Buck Thompson and Wolfram Kalber Corey Funk Planning Commission Minutes June 3,2009 Page 9 DISCUSSION Commissioner L'Heureux stated he supports the project and feels the project should include a condition about undergrounding in the Special Use Permit. He further stated that Council Policy 41 makes it very clear that "the City does require that street widening projects shall not be accomplished without undergrounding." He commented that the policy does not include any qualifiers such as lack of funds or postponement. Commissioner Boddy stated she agreed with Commissioner L'Heureux and feels it is an important project for the City. She feels Staff has thoroughly analyzed the issues. Commissioner Dominguez supports the inclusion of the condition for undergrounding and stated there should be an evaluation by Staff for any potential impacts to this project by completing a general assessment of the area. He feels this should be done as good business practice and an additional condition should not be required. Commissioner Douglas agreed with Commissioner Dominguez. Chairperson Montgomery stated he can support the project, and also concurs with Commissioner Dominguez, as well as adding a condition for undergrounding utilities pursuant to policy 41. He further stated that he hopes the project with the undergrounding come very close to the engineer's estimate so that the City does not have to take money from the General Fund. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6560 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6561, 6562, 6563, and 6564 approving Coastal Development Permit (CDP 07-22), Hillside Development Permit (HDP 07- 02), Special Use Permit (SUP 07-04), and Habitat Management Plan Permit (HMP 07-08) based on the findings and subject to the conditions contained therein including a condition on undergrounding based on Council Policy 41 dated September 6, 1988, Section 4, Item 1. VOTE: 5-0-1 AYES: Chairperson Montgomery, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas and Commissioner L'Heureux NOES: None ABSENT: Commissioner Baker ABSTAIN: None Ms. Mobaldi clarified that the added condition regarding undergrounding will be included in the resolution for the Special Use Permit, Resolution No 6563. Chairperson Montgomery closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 3. ZCA Q8-01/LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definition and other related amendments to the Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance. 00 Planning Commission Minutes June 3,2009 Page 10 Mr. Neu introduced Agenda Item 3 and stated Associate Planner Corey Funk would make the staff presentation. Chairperson Montgomery opened the public hearing on Item 3. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Chairperson Montgomery stated that a new grade is only established based on discretionary items. He asked if the code should be more specific as to which discretionary approvals are included. Mr. Neu stated that Staff has treated a grading plan like a building permit, as a ministerial action, where if the standards are met, the permit is issued and does not require exercising discretion on the part of the person issuing the permit. In the context of the zoning code, discretionary permits are those that come before the Planning Commission or involve some sort of action which gives Staff the ability to approve or not approve the item. For both the existing code and the proposed amendment, if a permit is required under the Zoning Ordinance, it would be the discretionary permit which gives someone the ability to establish a new grade. One of the items included in the proposed change, is a provision dealing with someone needing to modify grades, for example with a building permit where a retaining wall is built and elevated the site, then because that was not a discretionary permit, it counts against the height limit. Chairperson Montgomery asked about a single family home in the coastal zone. He asked if the applicant could propose a grade change because the Coastal Development Permit is a discretionary action. Mr. Neu stated that was correct. Mr. Funk stated that if the proposed home is in the coastal zone, a single family home requires a Coastal Development Permit which necessitates a hearing before the Planning Commission. It the project is outside of the coastal zone, it requires a building permit and a grading plan, and it would be handled as a ministerial action. Chairperson Montgomery asked Mr. Neu how Staff would advise an applicant proposing a Coastal Development Permit, or. if there seemed to be a continual request to not follow the policy. Mr. Neu stated Staff's first objective in reviewing projects is if the proposed grading is appropriate for the neighborhood or if it is necessary for some other technical reason such as drainage or utilities. Typically, Staff has advised applicants to balance the grading on site as much as possible as well as limiting the height of retaining walls. To the degree that Staff can accommodate the development and not have other standards issues, Staff has tried to keep the grades down. The discretionary part is acknowledging that the sites are not flat or the site is not rotated in the proper direction. Staff is trying to provide some flexibility for that as well as for example, a major project that regrades the entire topography and a new grade has been established. As part of all permits, one of the things that is considered has been how the project modifies the topography. Staff checks that during the project review as does the Commission. As part of the Commission's review for the Coastal Development Permit, in this example, the Commission might find that the grading is not appropriate, which then gets back to the issue of height. If the project has significantly altered the site and the Commission found that it did not warrant approval, then lowering the site deals with the height issue again. Chairperson Montgomery asked if this policy will be applied to the individual home owner and how well Staff will follow the policy. Mr. Neu stated Staff does advise applicants to work with the minimal amount of grading. He directed the Commission's attention to Page 4 of the ordinance, Item A-2, which states the discretionary permit allows a project to change the grade. Mr. Neu stated that is something that Staff has tried to practice even without these proposed amendments. These amendments are intended to clarify some of the difficulties and/or interpretation issues Staff has been having. It has always been Staffs goal to minimize the grading. What Staff is trying to provide for is that it is not always possible to have no grading so Staff wants to be reasonable and have ability to allow several feet of grading if it is in character with the neighborhood Planning Commission Minutes June 3,2009 Page 11 Chairperson Montgomery asked if there any further questions of Staff. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Montgomery opened and closed public testimony on Agenda Item 3. Commissioner L'Heureux stated he was impressed to see the amount of comments from third party businesses. Commissioner Boddy commented that she feels the City ended up with a better ordinance as a result of the input from the development community. Commissioner Dominguez stated he is pleased with the amendments. Commissioner Douglas commented that the ordinance will become a good tool as the City moves to more infill projects. Chairperson Montgomery commented that he too is also pleased to see these amendments. Mr. Neu stated that the graphics included in the packet where done by Kirk McKinley of McKinley Associates at no charge. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6565 and 6566 recommending approval of ZCA 08-01 and LCPA 08-02 based on the findings contained therein and including the errata sheet. VOTE: 5-0-1 AYES: Chairperson Montgomery, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas and Commissioner L'Heureux NOES: None ABSENT: Commissioner Baker ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 3 and thanked Staff for their presentations COMMISSION COMMENTS The Commission welcomed Stephen "Hap" L'Heureux as a Commissioner. Commissioner Boddy reported that she attended a meeting of the Historic Preservation Committee. Chairperson Montgomery asked if Commissioner Boddy had any thoughts regarding green building issues. Commissioner Boddy stated she is still very interested in the City is doing in terms of being "green." Commissioner Dominguez asked if it would be possible to receive a report from the City's Environmental Resources Team. Mr. Neu stated there was a team that worked on a policy for the Council with its effort to have policies on the three stools of sustainability: economic, social and environmental. The Council has adopted the environmental policy. There is also an internal "green" team for the City's energy conservation and recycling. In regards to the development process, Mr. Neu stated that it was his expectation that would flow out of completing the first phase of Envision Carlsbad, and then as Staff gets into the General Plan update. Commissioner Boddy inquired about the City's application for grant funding to SANDAG for the Smart Growth Planning Area in the Barrio. Mr. Neu stated the most the City did was develop the Grant Application which was kept fairly open due to the fact that the Barrio area was one of four designated This space is for the County Clerk's Filing Stamp 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 years and not a party ti entitled matter. I am th of Proof of Publication of North Co Formerly known as the Advocate and which adjudicated newspapers Superior Court of the O California, for the City < Escondido, Court Deere County of San Diego, t annexed is a printed cop1 nonpariel), has been pi entire issue of said r supplement thereof on th July] I certify (or declare) unc foregoing is true and con §™*iw|iMwww'^. « r^;l v*. **t NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City CouriciTof 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 Tuesday, July 28,2009 to consider approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definitiqn and other related amendments to Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance: Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on or after July 24,2009. If you have any questions, please call Corey Funk in the Planning Department at (760) 602-4645. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public heating described in this notice or in written correspondence delivered to the City of Carlsbad, Atta: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 08-01/LCPA 08-02 CASE NAME: BUILDING HEIGHT ZONE CODE AMENDMENT ' PUBLISH: July 18, 2009 CITY OF CARLSBAD CITYCOUNCIL : , Dated at OCEANSIDE, CaJ, On tftis 2)0th, dc Jane Allshouse NORTH COUNTY TIMES Legal Advertising .com gctonit. the §an Diego enlace, Bman-liitome. P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF CARLSBAD 1635 FARADAY AVENUE ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union-Tribune a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to-wit July 18, 2009 Chief Clerk for the Publis NOTKIOf PWUCWAIUHG NOTICE IS HEREBYGIVEN to you that theCftv Council of the Cityof Carlsbad will hold upublic hearing at theCouncil Chambers, 13M Carlsbad Village OrhrtbCarlsbad, California, at *:M JMn-gn Tuesday,July 2|, 2909 to consider approval of a Zone CadeAmendment and Local Coastal ProgramAmendment to amendthe'BulWino Height- def-inition and other related City of Carlsbad ZoningOrdinance. Those persons wlihingto speoK on this propos-al are cordially invited to attend the public hear-ing. Copies of the agen- da bill will be availableon or otter July H 2*09.If vow have any ques-tions, please call CoreyFunk In the Planning De-partment at (740) ai-4445. Zone Code Amendmentand/or Local Coastalr rogroi'n AmundiiMjiitin court, you may be lim-ited to railing only thoseissues you or someoneelse raited at the public or prior to the public CASE FILE:ZCAOMVLCPAU-02 CASE NAME:BUILDING HEIGHT PUBLISH:Juh/H,20W CITY OF CARLSBADCITY COUNCIL Affidavit of Publication of Legal Classified Advertisement Ad#: 0010264076 Ordered By: MORGEN FRY Easy Peel Labels Use Avery® TEMPLATE 5160®Paper See Instruction Sheet j for Easy Peel Feature^lAVERY®5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAIVIINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 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 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille ^instruction www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 5160® n ^» j^Feed Paper See Instruction Sheetj for Easy Peel Feature^AVERY®5160» BUREAU OF INDIAN AFFAIRS 2800 COTTAG E WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160® USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 Sens de chargement WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY Easy Peel La Deis Use Avery® TEMPLATE 5160® i •» ^Feed Paper See Instruction Sheet; for Easy Peel Feature ^ 4 Design Architecture and Planning Ken Chriss PO Box 848 Oceanside, CA 92049 Karnak Planning & Design Robert Richardson 2802 State Street, Suite C Carlsbad, CA 92008 IAVERY®5160® T & B Planning Consultants Joel Morse 17542 East 17th Street, Suite 100 Justin, CA 92780 Jack Henthorn & Associates Jack Henthorn PO Box 237 Carlsbad, CA92018 K. Hovnanian Homes 425 West Beech Street San Diego, CA92101 The McKinley Associates Kirk McKinley 18181 1st Avenue, Suite 200 San Diego, CA92101 Sea Bright Company Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 Carlsbad Chamber of Commerce Ted Owen 5934 Priestly Drive Carlsbad, CA 92008 Hallmark Communities Sean Santa Cruz 10675 Sorrento Valley Road, Suite 200-B San Diego, CA 92121 The Lightfoot Planning Group Ann Gunter 5750 Fleet Street, Suite 250 Carlsbad, CA 92008 Starck Architecture and Planning James Starck 2045 Kettner Boulevard, Suite 100 San Diego, CA92101 Transpacific Architects Raymond E. Hege 505 Franconia Street San Francisco, CA 94110-5741 McMillan Land Development Brian Milich 2750 Womble Road San Diego, CA92106 Brookfield Homes Adam Pevney 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014-3859 Barratt American John La Raia 5950 Priestly Drive Carlsbad, CA 92008 Planning Systems Paul Klukas 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 Cohn and Associates Gary Cohn 380 Stevens Avenue, Suite 307 Solana Beach, CA 92075 Building Industry Association Scott Malloy 9201 Spectrum Center Boulevard Suite 110 San Diego, CA 92123 Sherritt Development Services John Sherritt 7428 Capstan Drive Carlsbad, CA 92011-4682 Howes Weiler and Associates 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 K. Hovnanian-Lake Rancho Viejo 8799 Balboa Avenue San Diego, CA92123 Pi Architects Buck Thompson 627 Bonair Way La Jolla, CA 92037 John Beery AIA Architect John Beery 5751 Palmer Way, Suite G-3 Carlsbad, CA 92010 David Jacinto 219 Meadow Vista Way Encinitas, CA 92024 Bassenian Logoni Architects Scott Adams 2031 Orchard Drive, Suite 100 Newport Beach, CA 92660-0753 Ladwig Design Group Bob Ladwig 2234 Faraday Avenue Carlsbad, CA 92008 Paul Jacinto 3430A Harding Street Carlsbad, CA 92008 Hofman Planning & Engineering Bill Hofman 3152 Lionshead Avenue Carlsbad, CA 92010 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160® Pacific Municipal Consultants Gary Wayne 6020 Cornerstone Court West Suite 350 San Diego, CA92121 A Sens de chargement Pat McGuire 2609 Ocean Street Carlsbad, CA 92008 Consultez la feuille ^instruction www.avery.com 1-800-GO-AVERY Urban West Strategies David De Rienzo 936 E. Santa Ana Blvd. Santa Ana, CA 92701 Urban West Strategies David De Rienzo 1280 Bison Ave., B9-609 Newport Beach, 92660 Sillman Wright Architects Rod Wright 7515 Metropolitan Dr., Suite 400 San Diego, CA92108 Ed McArdle McArdle Associates Architects 5838 Edison Place, Suite 100 Carlsbad, CA 92008 Pekarek Crandell, Inc. 31872 Camino Capistrano, Suite 100 San Juan Capistrano, CA 92675 Zavato Design Group P.O. Box 306 Mountain Center, CA 92561 Nadel Architects, Inc. Ron Gross 5465 Morehouse Dr., Ste 165 San Diego, CA92121 Nadel San Diego 625 Broadway, Suite 1025 San Diego, CA92101 Joseph Wong Design Associates 2359 Fourth Ave., Suite 300 San Diego, CA92101 HG Fenton Company 7577 Mission Valley Rd., Ste 200 San Diego, CA92108 Smith Consulting Architects Mark Langan 12220 El Camino Real, Ste 200 San Diego, CA92130 Atelier X 815 Tamarack Ave. Carlsbad, CA 92008 Wolf Design Build Wolfram Kalber wolfdesignbuild@san.rr.com NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council 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 Tuesday, [HHHHH] , to consider approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definition and other related amendments to Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after [HHHBHi] • If you have any questions, please call Corey Funk in the Planning Department at (760) 602-4645. If you challenge the Zone Code Amendment and/or 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, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: ZCA 08-01/LCPA 08-02 BUILDING HEIGHT ZONE CODE AMENDMENT CITY OF CARLSBAD CITY COUNCIL ZCA 08-01/LCPA 08-02 Amend Definitions Chapter of the Zoning Ordinance Amendment does not modify height limits Simplify the method for measuring building height Clarify that exposed exterior walls of basements are included in building height Exempt the entrance to underground parking from building height Measure height from : All points along building coverage, and The lowest grade (existing or finished) Measure height up to a “warped plane” at the height limit of the zone that parallels the grade Warped plane follows topography Clarifies intent Exposed basements are now counted in height Height is measured from all points around the building coverage from the lowest grade All visible portions of a building are counted in height Encourage underground parking Exempt portion of building used for access to underground parking Only area below the adjacent grade is exempted Must meet definition for “Underground Parking” Only area minimally necessary for vehicle access is exempted Measure from grade adjacent to the building and vehicle entrance Provision for discretionary permit to establish a new grade for the purpose of measuring height still exists: Consideration shall be given to compatibility with site topography and adjacent neighboring grades, and the need for access, utility and drainage standards. Draft amendment sent to developers, architects, Chamber of Commerce and BIA Good response from outreach Draft amendment modified based on comments Project is consistent with Zoning Ordinance, General Plan and Local Coastal Program Recommendation: Planning Commission voted to recommend approval Staff recommends that the City Council approve ZCA 08-01 and LCPA 08-02