HomeMy WebLinkAbout2009-08-04; City Council; 19922; Building height zone code amendmentCITY OF CARLSBAD - AGENDA BILL
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MTG. 08/04/09
DEPT. Clerk
BUILDING HEIGHT ZONE CODE AMENDMENT
ZCA 08-01
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-045 approving a Zone Code Amendment to amend the "Building
Height" definition and other related amendments to Chapter 21.04 - Definitions of the
Carlsbad Zoning Ordinance.
ITEM EXPLANATION:
Ordinance No. CS-045 was introduced and first read at the City Council meeting held on July
28, 2009. The second reading allows the City Council to adopt the ordinance which will
become effective in thirty (30) days. The City Clerk will have the ordinance published within
fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,915 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-045.
DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2917
karen.kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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D
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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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
11 DEFINITIONS
Sections:
12 21.04.005 Provisions not affected by headings.
21.04.010 Tenses.
13 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.
iy 21.04.050 Block.
21.04.055 Boardinghouse.
21.04.056 Bona fide public eating establishment.
91 21.04.057 Bowling alley.
21 21.04.060 Building.
99 21.04.061 Building coverage.
21.04.065 Building height.
--, 21.04.070 Building, main.
J 21.04.075 Building site.
94 21.04.080 Business or commerce.
21.04.085 Cellar.
9<- 21.04.086 Child day care center.
21.04.090 Club.
26 21.04.091 Coin-operated arcade.
21.04.093 Commercial living unit.
27 21.04.095 Commission.
21.04.098 Common wall.
28 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.
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.
21.04.189 Income level-Target.
21.04.190 Institution.
iy 21.04.195 Kennel.
21.04.200 Kitchen.
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.
24 21.04.225 Lot depth.
21.04.230 Lot, interior.
21.04.235 Lot, key.
21.04.240 Lot line, front.
26 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).
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1 I 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.
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.
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.
18 21.04.345 Street, side.
21.04.350 Structural alterations.
iy 21.04.355 Structure.
21.04.356 Tattoo parlor.
21.04.357 Time-share project.
71 21.04.360 To place.
21.04.370 Underground parking.
72 21.04.375 Use.
21.04.376 Useable living area.
21.04.378 Veterinarian and small-animal hospital.
21.04.379 Wireless communication facility.
24 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
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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
, 8 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
jo 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.
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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
13 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
18 parking area qualifies as a basement as defined in Section 21.04.045.
19 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
20 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.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 28th day of July, 2009, and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 4th day of August, 2009, by the following
vote, to wit:
AYES: Council Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Kulchin.
APPROVED AS TO FORM AND LEGALITY:
v i^- -—-^ t ^CB^»<
RONALD R. BALL, City Attorney
ATTEST:
(Seal)
,CityClerk<7
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