HomeMy WebLinkAboutAGENDA REPORT 1996 1204 CC REG ITEM 10LCity Council
Agenda Report
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TO: The Honorable City Council
FROM: Paul Porter, Senior Planner,__��) if -.0
Nelson Miller, Director of Community Developmenit'
DATE: November 19, 1996 (CC meeting of December 4, 1996)
SUBJECT: CONSIDER MINOR MODIFICATION NO. 1 TO RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 89 -4 ON THE APPLICATION
OF CALIFORNIA COMMUNITY BUILDERS FOR A REDUCTION IN THE
REQUIRED MINIMUM REAR YARD SETBACK FOR PATIO COVERS TO
BE REDUCED FROM 10 FEET TO 5 FEET (VILLAGIO /MIRABELLA
TRACTS)
Background
On January 11, 1995, the City Council adopted Resolution No. 95-
1096 approving Major Modification No. 1 to Residential Planned
Development Permit No. 89 -4 and Tentative Tract Map No. 4637 for
approval of 138 attached multi - family units and 98 detached
multi - family condominium units located south of Mountain Trail
Street between Mountain Meadow Drive and Cedar Spring Street.
Since construction of the project, the Department of Community
Development has received requests from homeowner's within the
Mirabella Tract requesting approval of rear yard patio covers.
Staff has been unable to approve the requests as the minimum rear
yard setback requirement for a patio cover is ten (10) feet and
many of the yards have less than a fifteen (15) foot rear yard
setback, which precludes sufficient room for an adequate patio.
On November 6, 1996, California Community Builders submitted
Minor Modification No. 1 to Major Modification No. 1 to RPD 89 -4
requesting a reduction in the minimum required rear yard setback
for patio covers from 10 feet to 5 feet due to the unique nature
of the project in that several of the rear yards are less than 15
feet from the rear yard wall.
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CC Report 12/4/96
Minor Mod. 1 to Maj. Mod 1 to RPD 89 -4
California Community Builders
Page No. 2
Ordinance Reauirements_fos Patio Covers
Typically, the City has been requiring the following setback
requirements for patio covers in the open space, agricultural,
rural and residential zones throughout the City:
Side yard setback: five (5) feet
Rear Yard setback: ten (10) feet
Front Yard setback: twenty (20) feet
Maximum height: Twelve (12) feet
The Ordinance requirements for detached accessory structures have
more lenient rear yard setbacks for structures such as cabanas,
detached garages, gazebos and storage sheds. For example, an
accessory structure may come to within five feet of the rear
property line in the Residential Planned Development zones and
within three (3) feet of the rear yard for other residential
zones. According to Section 17.24.060 A of the Zoning Ordinance,
an accessory structure shall not cccupy more than 40% of the rear
yard setback area.
RPD Requirements
According to Section 17.36.020 - Standards for Residential
Planned Development (RPD) zone, the minimum rear yard setback for
a patio cover for single family residential market rate projects
is ten (10) feet. Patio covers are not addressed for market -rate
multi - family residential projects.
Setbacks for Approved Project
Rear yard setbacks for this project were approved with setbacks
that would preclude the property owner from having a usable
lattice patio cover and still maintain a minimum ten (10) foot
rear yard setback. Staff believes that allowing property owners
to have a lattice style unenclosed patio cover with no patio
walls in excess of 42 inches high only that does not exceed 40
percent of the rear yard area, has a 5 minimum foot rear and side
yard setback for the patio post with at least a three foot side
and rear yard setback of the overhang from the yard wall would be
consistent with what is allowed it ether residential zones
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California Community Builders
Page No. 3
throughout the City. In addition, no second story decks should
be permitted due to the small size of the yards and close
proximity of other dwellings.
The Director of Community Development is deferring this matter to
the City Council as pursuant to Section 17.36.020 of the Zoning
Ordinance, the City Council is authorized to modify the setbacks
for project in a Residential Planned Development zones.
Recommendations
1. Determine that this Minor Modification is categorically
exempt from the California Environmental Quality Act
requirements as a Class 1 exemption for minor alterations.
2. Approve the attached Resolution approving a reduction in
requirements for lattice style unenclosed patio covers for
Major Modification No. 1 to P'PD 89 -4.
Attachments: 1. Resolution
2. Fencing and Landscape Plan for Major
Modification No. 1 to RPD 89 -4
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