Item Coversheet

Item Number 12.

  

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:July 27, 2021


Submitted By:

David Mohlenbrok, Director of Community Development

Bret Finning, Planning Services Manager



Department:Community Development

Staff Recommendation:

Adopt 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:

The proposed ordinance modifies 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 was initiated by the City of Rocklin and would apply to Single Family Residential areas Citywide.

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 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.

 

On June 22, 2021, the City Council considered the proposed Ordinance Amendment. After public comment and deliberations, the Council voted 5-0 to introduce, waive the full reading and read by title only, an Ordinance of the City Council 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.  A second reading (title only) is necessary for the adoption and passage of the Ordinance.

 

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
Ordinance
This Staff Report has been reviewed by the City Attorney for legal sufficiency and by the City Manager for content.