Item Coversheet

Item Number 30.

  

City Council 
Staff Report


Subject:

Modification of Regulations Related to Patio Covers and Clarification of Rear-Yard Setback Requirements in Single Family Residential Areas Zoning Ordinance Amendment, ZOA2021-0001



Date:June 22, 2021


Submitted By:

David Mohlenbrok, Community Development Director

Bret Finning, Planning Services Manager



Department:Community Development

Staff Recommendation:

Introduce, waive the full reading and read by title only, an Ordinance of the City of Rocklin Amending Rocklin Municipal Code Chapter 17.08 Sections 17.08.030 and 17.08.090 Pertaining to Setbacks and Accessory Structures, and Adding Section 17.08.095 Pertaining to Structures Open on Three Sides (Patio Covers / ZOA2021-0001)

BACKGROUND:

This ordinance will modify regulations addressing the construction of patio covers and similar structures open on a least three sides on single-family residential properties within the City of Rocklin to provide for greater flexibility in their construction. This ordinance also cleans up and clarifies a provision related to encroachments into the rear yard setback in residential zones. The proposed zoning ordinance amendment would apply to Single Family Residential areas citywide.

 

Background / Analysis

 

On October 13, 2020, the City Council was presented with a staff report outlining possible options to address concerns that existing ordinances regarding patio covers and similar structures open on at least three sides do not provide enough flexibility to allow most homeowners to benefit from these types of improvements.  Following the discussion, the City Council directed staff to move forward with an ordinance amendment to modify the Rocklin Municipal Code (RMC) to make it easier for more homeowners to install such amenities.

 

Based upon the City Council’s direction, staff has drafted the following modifications to RMC Chapter 17.08 –“Use Regulations Generally”:

 

  1. Revises Section 17.08.030(C) to clarify that when utilizing the rear-yard encroachment provisions of the RMC, the minimum required rear setback for the primary structure on a lot shall be no less than five feet.
  2. Revises Section 17.08.090 “Accessory buildings – Garages – Barns and stables” to clean up and clarify obsolete language, and delete references to patio covers and similar structures that are open on at least three sides.
  3. Adds Section 17.08.095 – “Structures open on three sides” to establish regulations for patio covers, arbors, and similar structures that are open on at least three sides to read as set forth in Exhibit “A” (a markup copy is provided as Attachment A) that provide for the following:

 

  • Said structures may encroach in to the required rear yard up to 15 feet provided that a minimum rear setback of five feet is maintained.
  • Said structures shall not count toward lot coverage.
  • Said structures, when located on a lot with an area of 6,000 sq.ft. or less shall not exceed a height of 10 feet* and shall be constructed of fire resistant materials.


* The Community Development Director may approve a deviation to the height standard when strict adherence would cause the structure to block an existing door or window.

 

Summary of Planning Commission Hearings and Action

 

On April 20, 2021, the Planning Commission considered the proposed zoning modification. Staff presented the project. No one from the public wished to comment on this item.  During deliberations the Planning Commission was generally supportive of the proposed modification, but did suggest that staff review the use of the word “non-combustible” with regard to patio covers built on lots under 6,000 square feet in area to verify what that would actually mean with regard to allowable building materials. With that direction, the Planning Commission voted 5-0 to recommend City Council approval of the proposed changes to the standards applicable to structures open on three sides.

 

Subsequent to the Planning Commission hearing the Fire Chief and Chief Building Official agreed that using the term “fire resistant” in place of “non-combustible” would allow the use of a wider range of building materials including, but not limited to, flame retardant wood and metal, while still providing for an adequate level of protection.  The proposed modification language has been amended to reflect this change.  

Environmental Analysis:

The California Environmental Quality Act (Section 2100, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “projects”. A “project”, under CEQA is identified as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.”

 

The proposed amendment to the Rocklin Municipal Code is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

ATTACHMENTS:
Description
SR Attachment A - Markup version of proposed RMC Changes
Ordinance
This Staff Report has been reviewed by the City Attorney for legal sufficiency and by the City Manager for content.
The Finance Department has reviewed this staff report and certifies that budgeted funds are available, unless a budget amendment is being requested as part of this action item.