HomeMy WebLinkAboutLCPA 90-08; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (3)-.
* PETE WILSON, Governor STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
January 12, 1993
.
Don Neu
City of Carlsbad Planning Department 2075 Las Palmas
Carlsbad, CA 92009
Re: Certification of Local Coastal Program Amendment 1-92
Dear Mr. Neu,
On November 17, 1992, the California Coastal Commission approved the above-identified amendment request. In its action, the Commission approved amendments to the Ayua Hedionda and Mello I/East Batiquitos segments as submitted. Regarding the Agua Hedionda Land Use Plan, a 1.12 acre parcel on
the northern shore of Agua Hedionda lagoon, commonly known as part of
"Whitey's Landing", was approved to be redesignated from Recreational Commercial to Low-Medium Density Residential. Regarding the Mello I/East
Batiquitos Lagoon LCP, an amendment to the Aviara Master Plan was approved to
redefine building height in Planning Areas 13 and 28 to provide consistency
with recent municipal code amendments. The Commission also approved an
amendment to the certified Mello I1 segment subject to two suggested
modifications. This amendment involved the redesignation of 128 acres on the
southwesterly side of El Camino Real, commonly known as "Evans Point", from
Planned Community to Low-Medium Density Residential and Open Space; also
approved was a zone change from L-C (Limited Control) to R-1 and Open Space on
this property. The adopted suggested modifications are attached.
Before the amendment request can become effectively certified, the Executive
Director must determine that implementation of the approved amendment will be
consistent with the Commission's certification order. This is necessary because the amendment request was certified with suggested modifications.
In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of
certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is . required to satisfy them, such as rezonings or other ordinance revisions. If the amendment resulted in a change to the certified local coastal program's area of jurisdiction, the local government must also submit a resolution
.
Don Neu January 12, 1993 Page 2
agreeing to issue coastal development permits in conformance with the certified LCP for that area.
As soon as the necessary documentation is received in this office, and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing.
questions about the Commission's action or this final certification procedure,
please contact our office.
on this planning effort.
any way possible to continue the successful implementation of the local
coas ta 1 prog rain.
If you have any
Thank you and the other staff members who worked We remain available to assist you and your staff in
Sincerely,
Deborah N. Lee
Assistant District Director
(81 03A)
n
Don Neu January 12, 1993 Page 3
SUGGESTED MODIFICATIONS
Mello I1 Segment Land Use Plan
1. On page 18, under "Environmentally Sensitive Habitat Areas", a new
Policy #3-7 shall be added to read: Wetlands and riparian resources
outside the lagoon ecosystems shall be protected and preserved. No direct impacts may be allowed except for the expansion of existing circulation
element roads identified in the certified LCP and those direct impacts'
associated with installation of utilities (i.e., water, sewer, and
electrical lines). There must be no feasible less environrnentally-damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least
environmentally-damaging manner. Open space dedication of sensitive
resource areas is required.
Mitigation ratios for any temporary disturbance or permanent displacement --> of identified resources shall be determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate mitigation ratios shall be determined based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions.
2. On page-18, under "Environmentally Sensitive Habitat Areas", a new
Policy #3-8 shall be added to read: Buffer zones of 100 feet in width
shall be maintained around all identified wetland areas and 50 feet in
width shall be maintained around all identified riparian areas, unless the
applicant demonstrates that a buffer of lesser width will protect the
identified resources, based on site-specific information. Such
information shall include, but is not limited to, the type and size of the
development and/or proposed mitigations (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The California Department of Fish and Game and the United
States Fish and Wildlife Service shall be consulted in such buffer
determinations. Buffer zones shall be protected through the execution of
open space easements and passive recreational uses are restricted to the
upper half of the buffer zone.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING VARIOUS CHAPTERS AND SECTIONS OF THE
CARLSBAD MUNICIPAL CODE TO ALLOW FOR CERTAIN
ARCHITECTURAL PROJECTIONS IN THE R-P, C-1, 0, C-2, C-T,
C-M, M AND P-M ZONES.
CASE NAME: NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS CASE NO: ZCA 92-6
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.18 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.18.050(8)
to read as follows:
"(8) Height Limits. In the R-P zone the maximum building
height, including the protrusions described in Section 21.46.020,
shall be:
(a) Habitable buildings, thirty-five feet. Purely architectural features that (1) do not function to provide useable
floor area: (2) do not accommodate and/or screen building
equipment; (3) do not adversely impact adjacent properties: and (4) are ngcessary to ensure a building's design excellence, may be
permitted up to forty-five feet by site development plan approved
by the Planning Commission; and (b) Accessory buildings, eighteen feet."
SECTION 2: That Title 21, Chapter 21.26 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.26.030 to
read as follows:
"No commercial structures in the C-1 zone shall exceed a height of thirty-five feet or three levels, including the protrusions described in Section 21.46.020. Purely architectural featurea that (1) do not function to provide useable floor area:
(2) do not accommodate and/or screen building equipment; (3) do not
adversely impact adjacent properties: and (4) are necessary to
ensure a building's design excellence, may be permitted up to
forty-five feet by site development plan approved by the Planning Commission."
SECTION 3: That Title 21, Chapter 21.27 of the Carlsbad
Municipal COde is amended by the amendment of Section 21.27.050(3)
to read as follows:
"(3) Building Height. The maximum height of structures
within the 0 zone shall not exceed thirty-five feet or three levels
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and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet through a site
development plan approved by the City Council provided that: (a) The building does not contain more than three
levels;
(b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction
beyond thirty-five feet. The additional setback area will be maintained as landscaped open space:
(c) The building conforms to the requirements of Section
18.04.170 of this code; and (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet
if the Council makes the specific findings that the protruding
architectural features: (1) do not function to provide useable
floor area: (2) do not accommodate and/or screen building
equipment; (3) do not adversely impact adjacent properties; and (4)
are necessary to ensure a building's design excellence, may be
permitted up to fifty-five feet by site development plan approved
by the Planning Commission."
SECTION 4: That Title 21, Chapter 21.28 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.28.030 to
read as follows:
ce t as otherwise provided in this section, no building in
them -2 zone shall exceed thirty-five feet or three levels in
height an allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty-five feet through a site development plan approved by the City Council provided that: (a) The building.does not contain more than three
levels:
(b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space: (c) The building conforms to the requirements of Section 18.04.170 of this code: and (d) The allowed height protrusions as described in
Section 21.46.020 do not exceed forty-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the Council makes the specific findings that the protruding architectural features: (1) do not function to provide useable floor areas (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence, may be permitted up to fifty-five feet by site development plan approved by the Planning Commission.
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The City Council may approve a height limit in excess of
forty-five feet to a maximum of fifty-five feet through a site
ievelopment plan for a development of forty acres or more where the
zouncil finds:
(1) The height of the buildings will not adversely effect surrounding properties;
(2) The buildings will not be unduly disproportional to other buildings in the area;
(3) The building does not contain more than three levels; (4) An increased area in contiguous heavily landscaped open space is provided adjacent to and outside of the building perimeter and/or the parking lot. The property owner agrees not to develop the open space in the future. The increased area to be provided will be computed as follows: (x) feet increase in vertical height above thirty-five feet
multiplied by one percent of the site's building coverage square footage;
(5) The building conforms to the requirements of Section
18.04.170 of this code;
(6) The site must develop with a regional commercial use that would accommodate large anchor tenants."
SECTION 5: That Title 21, Chapter 21.29 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.29.060 to
read as follows:
"NO building in the C-T zone shall exceed a height of thirty- five feet or three levels and >allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet.
Additional building height may be permitted to a maximum of forty-
five feet through a site development plan approved by the City Council provided that:
(a) The building 'does not contain more than three levels;
(b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space;
(c) The building conforms to the requirements of Section 18.04.170 of this code: and (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the Council makes the specific findings that the protruding
architectural features: (1) do not function to provide useable floor area; (2) do not' accommodate and/or screen building equipment: +3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence, may be permitted up to fifty-five feet by site development plan approved by the Planning Commission.
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SECTION 6: That Title 21, Chapter 21.30 of the Carlsbad
[unicipal Code is amended by the amendment of Section 21.30.030 to
-ead as follows:
"NO building in the C-M zone shall exceed a height of thirty- five feet or three levels and allowed height protrusions as
iescribed in Section 21.46.020 shall not exceed forty-five feet.
idditional building height may be permitted to a maximum of forty- live feet by the Planning Director provided that: (a) The building does not contain more than three Levels :
(b) All required setbacks shall be increased at a ratio If one horizontal foot for every one foot of vertical construction
ieyond thirty-five feet. The additional setback area will be
naintained as landscaped open space: and
(c) The building conforms to the requirements of Section L8.04.170 of this code: and (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet: with the exception
>f architectural features such as flagpoles, steeples or
srchitectural towers which may be permitted up to fifty-five feet
if the Planning Director makes the specific findings that the xotruding architectural features: (1) do not function to provide iseable floor area: (2) do not accommodate and/or screen building
zquipment; (3) do not adversely impact adjacent properties: and (4)
we ne-cessary to ensure a building's design excellence, may be ?emitted up to fifty-five feet by site development plan approved
3y the Planning Commission. Building heights in excess of forty-five feet may be approved through a specific plan approved by the City Council.n
SECTION 7: That Title 21, Chapter 21.32 of the Carlsbad
Wnicipal Code is amended by the amendment of Section 21.32.050 to
read as follows:
"No building in the M zone shall exceed a height of thirty- five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be permitted to a maximum of forty- five feet by the Planning Director provided that: (a) The building does not contain more than three levels ;
(b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction
beyond thirty-five feet. The additional setback area will be
maintained as landscaped open space: (s) The building conforms to the requirements of Section
18.04.170 of this code; and
(d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet: with the exception of architectural features such as flagpoles, steeples or
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architectural towers which may be permitted up to fifty-five feet
if the Planning Director makes the specific findings that the protruding architectural features: (1) do not function to provide useable floor area: (2) do not accommodate and/or screen building equipment: (3) do not adversely impact adjacent properties: and (4) are necessary to ensure a building's design excellence, may be
permitted up to fifty-five feet by site development plan approved
by the Planning Commission.
Building heights in excess of forty-five feetmay be approved
through a specific plan approved by the City Council.'1
SECTION 8: That Title 21, Chapter 21.34 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.34.070(.1)
to read as follows:
"(1) Building Height. No building in the P-M zone shall exceed a height of thirty-five feet or three levels and allowed height protrusions as described in Section 21.46.020 shall not exceed forty-five feet. Additional building height may be
permitted to a max~mum of forty-five feet by the Planning Director provided that:
(a) The building does not contain more than three levels ;
(b) All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction
beyond thirty-five feet. The additional setback area will be maintained as landscaped open space: and
(c) The building conforms to the requirements of Section 18.04.170 of this code: and (d) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet
if the Planning Director makes the specific findings that the
protruding architectural features: (1) do not function to provide
useable floor area: (2) do not accommodate and/or screen building
equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence, may be permitted up to fifty-five feet by site development plan approved by the Planning Commission. Building heights in excess of forty-five feet may be approved through a specific plan approved by the City Council.n
SECTION 9: That Title 21, Chapter 21.46 is amended by
the amendment of Section 21.46.020 to read as follows:
W21 46 020 Allowed Pmtr'uSiOnS Ab ove Heiaht Limit S.
Roof structures specifically for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, architectural towers, flagpoles, chimneys, smoke- stacks, wireless masts and similar structures may be erected above
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:he height limits prescribed in this title but no roof structure, )r any other space above the height limit prescribed for the zone .n which the building is located shall be allowed for the purpose
>f providing additional floor space, or be taller than the minimum
ieight requirement to accommodate or enclose the intended use. However, the exception in this section does not apply if
:here is a specific provision in this title for the above-described xotrusions or for protrusions which are architectural features."
This ordinance shall be effective thirty days EFFECTIVE DATE:
ifter its adoption, and the City Clerk shall certify to the
idoption of this ordinance and cause it to be published at least
mce in the Carlsbad Journal within fifteen days after its
sdoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
:ity Council on the day of , 1993, and
thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of I
1993, by the following vote, to wit:
AYES:
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. .. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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ZCA 92-6 - SUMMARY TABLE
Architectural protrusions only allowed above 35 feet, up to 45 feet,
w/SDP by Planning Commission w/4 architectural findings.
35 Feet I 21.18
R-P
Architectural protrusions only allowed above 35 feet, up to 45 feet, I w/SDP by Planning Commission w/4 architectural findings.
21.26 , 1 35 FeeV3 levels
c-1
21.27
0
35 FeeV3 levels;
Protrusions allowed up
to 45 feet.
Building height to 45 feet allowed w/SDP by
City Council w/purely architectual protrusions
allowed to 55 feet w/ 4 arch. finb.
2 1.28
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21.29
C-T
35 Feet/3 levels;
Protrusions allowed up
to 45 feet.
35 Feet/3 levels;
Protrusions allowed up
to 45 feet.
Building height to 45 feet allowed w/SDP by
City Council w/purely architectural protrusions
Building height to 45 feet allowed w/SDP by
City Council w/purely architectural protnrsions allowed to 55 feet w/ 4 arch. findinm.
allowed to 55 feet w/ 4 arch. findings.
45 to 55 feet building height allowed for
regional commercial by Council Site
Development Plan.
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21.30
C-M
35 Feet/3 levels; Protrusions allowed up
to 45 feet.
Building height to 45 feet allowed by Planning Director w/purely architectural protrusions
allowed to 55 feet w/ 4 arch. findings.
21.32 35 Feet/3 levels;
M Protrusions allowed up
to 45 feet.
21.34 35 FeeV3 levels;
P-M Protrusions allowed up
to 45 feet.
Building height to 45 feet allowed by Planning
Director w/purely architectural protrusions
allowed to 55 feet w/ 4 arch. findings.
Building height to 45 feet allowed by Planning
Director w/purely architectural protrusions
' allowed to 55 feet w/ 4 arch. findings.
Building height above 45 feet allowed
w/Specific Plan approved by City Council.
Building height above 45 feet allowed
w/Spec%c Plan approved by City Council.
Building height above 45 feet allowed
w/Specific Plan approved by City Council.
H:zca926.tM (arb)
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2 1.01.06 1
wing-walls, planter walls or grade-separation retain-
ing walls. (Ord. NS-180 Q 2, 1991)
..+21.04.065 Building height.
(a) The height of a building shall be measured as
follows:
(1) “Building height” means the vertical
distance of a structure measured from the more
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 high-
est point of the structure directly above that point of
measurement.
(2) “Existing grade,” for the purposes of
measuring building height, means the ground level
elevation which existed on or before August 1,199 1
and prior to any grading or other site preparation
related to, or to be incorporated into, a proposed
new development or alteration of existing develop-
ments unless a discretionary permit for such devel-
opments or alterations is approved. In that case,
existing grade shall mean the grade after the proper-
ty is developed or imjroved in accordance with the
grading plans which implement the approved discre-
tionary permit. For nondiscretionary permits where
retaining walls, fa or other grading are utilized to
create f~shed grade higher in elevation than exist-
ing grade as defined in this subsection and as deter-
mined by the planning director, then existing grade
shall be used in the determination of building
height.
(3) 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,
roof structures specifically for the housing of eleva-
tors, stairways, tanks, ventilating fans or similar
equipment required to operate and maintain the
building; fire or parapet walls, skylights, architectur-
al towers, flagpoles, chimneys, smokestacks, wire-
less masts and similar structures may be erected
->
above the height limits prescribed in this title, but
no roof structure or any other space above the
height limit prescribed for the mne in which the
building is located shall be allowed for the purpose
of providing additional floor space, or be taller than
the minimum height requirement to accommodate
or enclose the intended use. (Ord. NS-204 Q 2,
1992: Ord. NS-180 Q 3, 1991: Ord. 9667, 1983:
Ord. 9498 0 1, 1978: Ord. 9141 0 1: Ord. 9060 5
2 12)
21.04.070 Building, main.
“Main building” means the principal building on
a lot or building site designed or used to accommo-
date the primary use to which the premises are
devoted; where a permissible use involves more than
one structure designed or used for the primary pur-
pose, as in the case of group houses, each such
permissible building on one lot as defined by this
title is construed as comprising a main building.
(Ord. 9060 0 213)
21.04.075 Building site.
“Building site” means:
(1) me ground area of one lot: or
(2) The ground area of two or more lots when
used in combination for a building or group of
buildings, together with all open spaces as required
by this title. (Ord. 9060 Q 214)
21.04.080 Business or commerce.
“Business” or “commerce” means the purchase,
sale or other transaction involving the handling or
disposition of any article, service, substance or
commodity for livelihood or profit; or the manage-
ment of office building, offices, recreational or
amusement enterprises; or the maintenance and use
of offices, structures and premises by professions
and trades rendering services. (Ord. 9060 5 215)
21.04.085 Cellar.
“Cellar”means that portion of a building between
floor and ceiling which is wholly or partly below
grade and so located that the vertical distance be-
tween the ceiling and the average adjoining ground )
(CPrlshd 1-93) 546
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21.46.010
Sections:
21.46.010
21.46.020
21.46.030
21.46.040
21.46.050
2 1.4.060
21.46.070
21.46.080
21.46.090
21.46.100
21.46.110
21.46.120
21.46.130
2 1.46.140
21.46.150
21.46.160
21.46-170
21.46.180
21.46.190
21.46300
2 1.462 10
Chapter 21.46
YARDS
depth, the height of a building on such lot may be
measured from the sidewalk level of the street on
which the building fronts. On through lots more
than one hundred fifty feet in depth, the height regu-
lations and basis of height meaurements for the
street permitting the greater height shall apply to a
depth of not more than one hundred fifty feet from
that street. (Ord. 9060 fi 1600)
Height of buildings on through
lots.
height limits.
Regulations. .-> 21.46.020 Allowed protrusions above height
Allowed protrusions above
Modification of side yard
requirement on combined lots.
When more than one main
building exists.
Commission may establish
formula for modifying yard
requirements.
Modification of required fkont
yards.
Property abutting half-streets.
Measurement of fkont yards.
Vision clearance, corner and
reversed corner lots.
Dwhings and apartments
above stores.
Permitted intrusions into
required yards.
Walls, fences or hedges.
Trees, shrubs and flowers.
Multiple or row dwellings
fronting upon a side yard.
Multiple or row dwellings
rearing upon a side yard.
One building on a lot or
building site.
Through lots
Lot area not to be reduced.
Greater lot area than
prescribed.
Substandard lots.
21.46.010 Height of buildings on through
lots.
On through lots one hundred fifty feet or less in
(&&bad 1-93)
limits.
Roof structures specifically for the housing of
elevators, stairways, tanks, ventilating fans or simi-
lar equipment required to operate and maintain the
building, fire or parapet walls, skylights, architectur- b
al towers, flagpoles, chimneys, smokestacks, wire-
less masts and similar structures may be erected
above the height limits prescribed in this title but no
roof structure or any other space above the height
limit prescribed for the zone in which the building
is located shall be allowed for the purpose of pro-
viding additional floor soace. or be taller than the
minimum height reauirement to accommodate or
enclose the intended use. (Ord. NS-204 fi 12, 1992:
Ord. 9060 0 1601)
21.46.030 Regulations.
Except as provided in this chapter, every required
yard shall be open and unobstructed from the
ground to the sky. No yard or open space provided
around any building for the purpose of complying
with the provisions of this title shall be considered
as providing a yard or open space for any other
building, and no yard or open space on any adjoin-
ing property shall be considered as providing a yard
or open space on a building site whereon a building
is to be erected. (Ord. 9060 0 1602)
21.46.040 Modification of side yard
reauirement on combined lots.
When the common boundary line separatinytwo
contiguous lots is covered by a building or
722