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HomeMy WebLinkAbout3 - Determination of Zoning - Patio Covers/EnclosuresMarch 16, 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. DISCUSSION Recently, Staff received a request from an Old Town resident to construct a patio enclosure on a property that is presently nonconforming. Historically, Staff has treated the construction of any solid roofed, enclosed area as additional square footage. Additions to nonconforming structures are generally prohibited unless approved by a Variance. Staff informed the applicant that they would need to apply for a Variance to allow the proposed construction, but advised the resident that there did not appear to be sufficient grounds to grant such a Variance. Staff then began to research the issue further and found that the Zoning Code and Building Code have different definitions as to what constitutes a patio cover versus patio enclosure. In Zoning Code Section 11.6.05.010, a `Patio Cover' is defined 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." Staff has always interpreted this definition as a structure that is not entirely enclosed (enclosed on not more than three sides). However, the Building Code 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 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. Under the Building Code (California Residential Code) definition of enclosed space, a screened in patio with windows would be allowed. However, the Zoning Code defines a screened in patio with windows, if it has four walls, as an enclosure. Staff is seeking direction from the commission, pursuant to Zoning Code Section 11.5.05.010, regarding whether the Zoning Code definition of Covered Patio should be revised to conform to the Building Code definition. Staff recommends that the Planning Commission discuss the matter and give direction to Staff as to how to proceed. For: March 16, 2011 livera, AICP ig Planner — Development Services Attachments (2): 1.) Appendix H (Patio Covers), 2010 California Residential Code 2.) Zoning Code definition of Covered Patio. APPENI H PA700 COVERS SECTION AH101 GENERAL AH101.1 Scope. Patio covers shall conform to the require- ments of this appendix chapter. SECTION AH102 DEFINITION Patio covers. One -story structures not exceeding 12 feet (3657 mm) in height. Enclosure walls shall be permitted to be of any configuration, provided the open or glazed area of the longer wall and one additional wall is equal to at least 65 percent of the area below a minimum of 6 feet 8 inches (2032 mm) 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 (3.2 mm) in thickness, (3) glass conforming to the provisions of Section R308, or (4) any combination of the foregoing. SECTION AH103 PERMITTED USES AH103.1 General. Patio covers shall be permitted to be detached from or attached to dwelling units. Patio covers shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rooms. SECTION AH104 DESIGN LOADS AH104.1 General. Patio covers shall be designed and con- structed to sustain, within the stress limits of this code, all dead loads plus a minimum vertical live load of 10 pounds per square foot (0.48 kN /m2) except that snow loads shall be used where such snow loads exceed this minimum. Such covers shall be designed to resist the minimum wind loads set forth in Table R301.2(1). SECTION AH105 LIGHT AND VENTILATION /EMERGENCY EGRESS AH105.1 General. Exterior openings required for light and ventilation shall be permitted to open into a patio structure con - forming to Section AH101, provided that the patio struc- ture shall be unenclosed if such openings are serving as emer- gency egress or rescue openings from sleeping rooms. Where such exterior openings serve as an exit from the dwelling unit, the patio structure, unless unenclosed, shall be provided with exits conforming to the provisions of Section R310 of this code. 2010 CALIFORNIA RESIDENTIAL CODE SECTION AH106 FOOTINGS AH106.1 General. In areas with a frostline depth of zero as specified in Table R301.2(1), a patio cover shall be permitted to be supported on a slab on grade without footings, provided the slab conforms to the provisions of Section R506 of this code, is not less than 3.5 inches (89 mm) thick and the columns do not support live and dead loads in excess of 750 pounds (3.34 kN) per column. SECTION AH107 SPECIAL PROVISIONS FOR ALUMINUM SCREEN ENCLOSURES IN HURRICANE -PRONE REGIONS AH107.1 General. Screen enclosures in hurricane -prone regions shall be in accordance with the provisions of this Sec- tion. AH107.1.1 Habitable spaces. Screen enclosures shall not be considered habitable spaces. AH107.1.2 Minimum ceiling height. Screen enclosures shall have a ceiling height of not less than 7 feet (2134 mm). AH107.2 Definitions. SCREEN ENCLOSURE. A building or part thereof, in whole or in part self - supporting, and having walls of insect screening and a roof of insect screening, plastic, aluminum, or similar lightweight material. AH107.3 Screen enclosures. AH107.3.1 Thickness. Actual wall thickness of extruded aluminum members shall be not less than 0.040 inches (1.02 mm). AH107.3.2 Density. Screen density shall be a maximum of 20 threads per inch by 20 threads per inch mesh. AH107.4 Design. AH107.4.1 Wind load. Structural members supporting screen enclosures shall be designed to support minimum wind loads given in Table AH107.4(1) and AH107.4(2). Where any value is less than 10 psf (0.479 kN /in2) use 10 psf (0.479 kN /m2). AH107.4.2 Deflection limit. For members supporting screen surfaces only, the total load deflection shall not exceed 1/60. Screen surfaces shall be permitted to include a maximum of 25 percent solid flexible fmishes. AH107.4.3 Importance factor. The wind factor for screen enclosures shall be 0.77 in accordance with Section 6.5.5 of ASCE 7. 615 APPENDIX H AH107.4.4 Roof live load. The minimum roof live load shall be 10 psf (0.479 kN /m2). AH107.5 Footings. In areas with a frost line is zero, a screen enclosure shall be permitted to be supported on a concrete slab on grade without footings, provided the slab conforms to the provisions of Section R506, is not less than 3'/2 inches (89 mm) thick, and the columns do not support loads in excess of 750 pounds (3.36 kN) per column. TABLE AH107.4(1) DESIGN WIND PRESSURES FOR ALUMINUM SCREEN ENCLOSURE FRAMING WITH AN IMPORTANCE FACTOR OF 0.77a,b,c LOAD CASE WALL Basic Wind Speed (mph) 100 110 120 130 140 150 Exposure Category Design Pressure (psf) CB 25 C B C B C B C B C B Ad Windward and leeward walls (flow thru) and windward wall (non -flow thru) L/W = 0 -1 12 8 14 10 17 12 19 14 23 16 26 18 Ad Windward and leeward walls (flow thru) and windward wall (non -flow thru) L/W = 2 13 9 16 11 19 14 22 16 26 18 30 21 Be Windward: Non -gable roof 16 12 20 14 24 17 28 20 32 23 37 26 Be Windward: Gable roof 22 16 27 19 32 23 38 27 44 31 50 36 ROOF A11f Roof -screen 4 3 5 4 6 4 7 5 8 6 9 7 Allf Roof -solid 12 9 15 11 18 13 21 15 24 17 28 20 For SI: 1 mile per hour = 0.44 m/s, 1 pound per square foot = 0.04791cPa, 1 foot = 304 8 min. a. Values have been reduced for 0.77 Importance Factor in accordance with Section AH107.4.3. b: Minimum design pressure shall be 10 psf in-accordance with Section AH107.4.1. c. Loads are applicable to screen enclosures with amean roof height of 30 feet or less. For screen enclosures of different heights the pressures given shall be adjusted by multiplying the table pressure by the adjustment factor given in Table AH107.4(2). d. For Load Case A flow thru condition the pressure given shall be applied simultaneously to both the upwind and downwind screen walls acting in the same direction as the wind. The structure shall also be analyzed for wind coming from the opposite direction. For the non -flow thru condition the screen enclosure wall shall be analyzed for the load applied acting toward the interior of the enclosure. e. For Load Case B the table pressure multiplied by the projected frontal area of the screen enclosure is the total drag force, including drag on screen surfaces parallel to the wind, which must be transmitted to the ground. Use Load Case A for members directly supporting the screen surface perpendicular to the wind. Load Case B loads shall be applied only to structural members which carry wind loads from more than one surface. f. The roof structure shall be analyzed for the pressure given occurring both upward and downward. TABLE AH107.4(2) HEIGHT ADJUSTMENT FACTORS MEAN EXPOSURE Roof Height (ft) B C 15 1 0.86 20 1 0.92 25 1 0.96 30 1 1.00 35 1.05 1.03 40 1.09 1.06 45 1.12 1.09 50 1.16 1.11 55 1.19 1.14 60 1.22 1.16 For SI: 1 foot = 304.8 mm. 616 2010 CALIFORNIA RESIDENTIAL CODE a recorded final map or parcel map. See also Chapter 11.4.80: Condominium Conversions. Con'. ming Building: ❑ In '�- residential "R" zones, a conforming building is one wh' sr gully meets the uirements of the State Housing Act and the . ` ornia Building Code �•z they pertain to residential buildings and , ich building fully conforms the requirements of this chapter wit , 'espect to the district and zone in ,, ich it is located; and ❑ In the commerci "C' and manufacturing "M" ones, a conforming building is one which fully c forms to the structur design, building materials and their assembly as pr -. ribed for comm ial or industrial buildings by the California Building Co and whi� building fully conforms to the requirements of this chap\ with r :'•ect to the district and zone in which it is located. Construction Cost: the total cost ,, r uire.to construct, rebuild, repair, remodel or make an addition to an exis '• buildin: including all permanent work and permanent equipment, exclu. }g landscaping. Convalescent Hos ee: Skilled Nursing Facili Convenience Mai t: any accessory use to automobi ervice station for any retail sales of ,,4od, beverages and small convenience i - . s primarily for off - premises c•.,� sumption and typically found in establishment \. ith long or late hours of : peration and a relatively small building. Arcade'„ achines are prohib;. =d in a convenience market. See Section 11.4.05.035: utomobile Se f e Stations in Chapter 11.4.05: Standards for Specific Uses.: ourt: any portion of the interior of a lot or building site which is wholl ' °,.r partially surrounded by buildings and which is not a required yard or open space. Courtyard: an extent of open ground enclosed by walls and adjacent residential building. Covered Patio: 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 the site. City of Seal Beach Title 11 - Part VI - page 15 Municipal Code Ord. No. 1598 October 11, 2010