HomeMy WebLinkAbout3 - Determination of Zoning - Patio Covers/EnclosuresMay 4, 2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Determination of Zoning pursuant to Chapter 11.5.05
Patio Covers /Enclosures within Residential Zones
SUMMARY OF REQUEST
Staff is requesting a Zoning Determination regarding patio enclosures, pursuant to
Chapter 11.5.05 of the Zoning Code.
On March 16, 2011, the Planning Commission discussed the issue of patio enclosures,
but continued the matter to allow Staff to conduct additional research. There are two
separate issues for the Commission to consider:
1) How is a patio enclosure defined in the Zoning Code, and
2) Are patio enclosures permitted additions to a nonconforming property.
It is important to recognize that the zoning issues are in addition to the Building Code
requirements.
Seal Beach Zoning Code Section 11.6.05.010 defines a 'Patio Cover' as:
"A roofed structure located between a dwelling and a side or rear property
line that shelters an outdoor area. These structures are either attached to
or detached from a primary dwelling on a site."
Historically Staff has interpreted patio covers as a structure that is not fully enclosed.
The Zoning Code is in contrast to the Building Code which defines a 'Patio Cover' as:
"One -story structures not exceeding 12 feet in height. Enclosure walls
shall be permitted to be of any configuration, provided the open or glazed
(window) area of the longer wall and one additional wall is equal to at least
1
Planning Commission Staff Report
Determination of Zoning Pursuant to Chapter 11.5.05
Patio Covers/Enclosures within Residential Zones
May 4, 2011
65 percent of the area below a minimum of 6' -8" of each wall, measured
from the floor. Openings shall be permitted to be enclosed with: 1.) insect
screening, 2.) approved translucent or transparent plastic not more than
0.125 inch (1/8 ") in thickness, 3.) glass conforming to the provisions of
Section R308, or 4.) any combination of the foregoing." Additionally, the
Building Code states that "Patio covers shall be used only for recreational
outdoor living purposes and not as carports, garages, storage rooms, or
habitable rooms."
Therefore, the Building Code definition would theoretically allow a patio cover to be
"enclosed," provided the walls are not wood - framed construction. Additionally, the
enclosed space cannot be mechanically heated or cooled.
Based upon Planning Commission comments, Staff has researched a number of cities
throughout California, to determine how others have addressed the issue. It was
interesting to see both the diversity of definitions and the fact that many cities do not
define enclosed patios or enclosed porches. Below are the results of our findings.
City of Newport Beach
Zoning Code Section 20.70.020
Patio cover — means a solid -roof or open -roof structure that covers a patio, platform, or
deck area. A patio cover may be detached from, or attached to, another structure.
Enclosed Porch. — (Also known as screened -in porches or three - season rooms). A
platform projecting from or attached to a wall of a building that:
a. Has direct access to a building;
b. Is covered by a roof or roof -like structure;
c. May or may not be heated or cooled; and
d. Is enclosed by:
i. Walls;
ii. Permanent or removable windows or screens; or
iii. A combination of walls and windows /screens.
Open Porch — A platform projecting from or attached to a wall of a building that:
a. Has direct access to a building;
b. Is covered by a roof or roof -like structure;
c. Is not heated or cooled;
d. Is open to the outside air; and
e. Is not enclosed by:
2
Planning Commission Staff Report
Determination of Zoning Pursuant to Chapter 11.5.05
Patio Covers/Enclosures within Residential Zones
May 4, 2011
i. Walls;
ii. Permanent or removable windows or screens; or
iii. A combination of walls and windows /screens.
City of Ventura
Zoning Code Section 24.110.1390
Patio Cover — A structure consisting of any overhead covering including, but not limited
to, lattice -work, open beams, and solid materials, that is open on all sides not attached
to a building with the exception of necessary post supports.
City of Santa Barbara
Zoning Code Section 28.04.520
Patio — A hardscaped (e.g., concrete, tile, brick, stone, etc.) space, constructed on the
ground, usually adjoining a building and intended for indoor - outdoor living and
recreation. A patio may be surrounded by walls or roofed, but not both.
Staff has outlined three options for the Planning Commission to consider. However,
there are other options available to the Planning Commission.
1.) No change to the existing Zoning Code. The definition of a 'Patio Cover' would
remain as an open or solid roofed structure that is not enclosed on all four sides.
2.) Amend the current Zoning Code to define patio enclosure as a covered patio
with solid walls on not more than two sides, and screen walls on at least two
sides. Patio enclosures may not be mechanically heat or cooled.
3.) Adopt the Building Code definition of a 'Patio Cover' as the Zoning Code
definition. The Zoning Code would be amended to allow certain types of patio
enclosures, provided they meet all Building Code requirements as defined in
Appendix H of the 2010 California Residential Code; are not mechanically
heated or cooled; and meet all Building Code egress requirements.
If the Commission were to adopt Option #2, the question would still remain as to
whether the Commission wishes to include 'Patio Covers' as an allowable Minor
Improvement to nonconforming properties through the Minor Use Permit process, much
like open roof decks, unenclosed balconies and porches, and roof additions over
balconies and porches are presently allowed.
Depending upon which option the Planning Commission chooses, Staff will return with a
Zoning Code Amendment.
Planning Commission Staff Report
Determination of Zoning Pursuant to Chapter 11.5.05
Patio Covers/Enclosures within Residential Zones
May 4, 2011
NONCONFORMING STRUCTURES:
The City of Seal Beach currently allows a nonconforming property to add a feature such
as an open or solid- roofed patio cover (not enclosed) through the Minor Use Permit
process, but would not allow a "patio enclosure" because of the potential for it to be
converted to living space. In the case of the original resident inquiry on this matter, the
building footprint would not be increased, since the patio exists on a second floor, but
only the existing patio would be enclosed.
The Planning Commission could direct Staff to amend the Code to include patio
enclosures as permitted additions to nonconforming structures subject to a Minor Use
Permit.
RECOMMENDATION
Staff recommends that the Planning Commission review the options presented, receive
public testimony, and give direction to Staff as to how to proceed.
Je e Olivera, AICP
Senior Planner — Development Services