HomeMy WebLinkAbout2 - Determination of Zoning - Patio Covers/EnclosuresJune 1,2011
STAFF REPORT
To: Honorable Chairwoman and Planning Commission
From: Department of Development Services
Subject: Proposed Zoning Text Amendment Language
Patio Covers /Enclosures within Residential Zones
SUMMARY OF REQUEST
Based upon previous direction from the Planning Commission, Staff is proposed Zoning
Code language regarding Patio Covers and Patio Enclosures within Residential Zones.
Staff requests that the Commission provide direction to staff and allow staff to return at
a future date with a Zoning Text Amendment.
DISCUSSION
On May 4, 2011, Staff presented the following two issues to the Planning Commission
for consideration:
1) What is the definition of a patio cover within the Zoning Code, and
2) Are patio enclosures permitted additions to a nonconforming property.
Currently, 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."
Based upon the May 4 discussion, Staff recommends that a 'Patio Enclosure' be
defined as follows:
"Patio Enclosure: A single -story structure not exceeding 225 square feet and 12 feet in
height, which may be located on a ground floor or above. A patio enclosure must be at
least 75% open between the top and bottom wall plate on a minimum of two sides,
except that in the RHD -PD zone the minimum opening shall be at least 50% on a
minimum of one wall. The open side(s) may have (1) insect screening, (2) approved
translucent or transparent plastic not more than 0.125 inch (3.2 mm) in thickness, (3)
glass conforming to the provisions of Section R308 of the California Residential Code,
Planning Commission Staff Report
Proposed Zoning Text Amendment Language
"Patio Covers/Enclosures Within Residential Zones
June 1, 2011
provided the glass is single -pane only, or (4) and combination of the foregoing. A Patio
Enclosure shall not be mechanically heated or cooled, nor shall it contain any plumbing
or plumbing fixtures."
With regard to patio enclosures being added to the list of permitted additions to legal,
nonconforming structures via a Minor Use Permit, Staff recommends that Zoning Code
Section 11.4.40.015B "Minor Improvements Requiring a Minor Use Permit" be amended
to include the following language:
"Patio Enclosures, as defined in Zoning Code Section 11.6.05.010"
Additionally, since Zoning Code Section 11.4.40.030 "Nonconforming Multi -Unit
Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded;
and Exceptions" does not presently provide for 'Patio Enclosures' Staff is
recommending that Section 11.4.40.030A be amended to read as follows:
"A. Multi -Unit Residential Property. A multi -unit residential structure may not
add any habitable space. A multi -unit residential structure may add a Patio
Enclosure, as defined in Section 11.6.05.010, provided all other Development
Standards for the Residential Zone in which the property is located can be met.
A nonresidential structure that is nonconforming or contains a nonconforming
use may not be structurally altered or expanded unless such alteration or
expansion makes the structure conforming...."
Staff believes that the proposed language will allow the flexibility to add Patio
Enclosures, to nonconforming residential properties, but would still prohibit the addition
of habitable floor area to nonconforming residential properties.
RECOMMENDATION
Staff recommends that the Planning Commission review and comment on the proposed
Zoning Code language, receive public testimony, and direct Staff to return to the
Commission with a formal request for a Zoning Text Amendment at a subsequent
Planning Commission hearing.
Jgfony�Olivera, AICP
r Planner — Development Services