SUBJECT: TEXT AMENDMENT 01-2

 

To modify the limitations for architectural projections that encroach into the front yard.

 

Planning Commission Recommendation

To adopt the attached ordinance to amend Section 17.46.070 of the Zoning Ordinance.

 

Background

At their meeting of March 20, 2001, the Planning Commission recommended adoption of the subject ordinance to allow architectural encroachments in the front yard to project to the front property line instead of requiring a 3-foot clearance for bay/garden windows and a 30-inch clearance for other projections. The Commission also recommended amending the existing language to limit the amount of the projection for bay and garden windows to 24 inches (instead of 30 inches) and to limit window height to 48 inches.

The City Council previously directed staff to initiate the subject amendment to allow owners of buildings with nonconforming front yards to provide architectural enhancements such as bay windows or garden windows with no limitation in the front yard setback.. The discussion of this issue originated in response to a request from a property owner on Silverstrand Avenue who installed a bay window that projects into the front yard 30 inches, but does not provide the required 3-foot clearance to the front property line as required under Section 17.46.070. The existing structure encroaches into the front yard setback has a nonconforming front yard setback of less than 5 feet. The City Council’s intent was to provide relief to the homeowner, however, the draft ordinance as revised by Commission only permits a 24" projection and will not correct their problem of the window encroachment. (Please see sketch.)

Section 17.46.070 of the Zoning Ordinance pertaining to architectural projections includes the following allowances and limitations:

"17.46.070 Architectural encroachments into required yards.

Required yard areas shall be unobstructed from ground to sky except specifically allowed as follows:

A. Cornices, eaves, belt courses, sills and buttresses may encroach into any required yard area not more than thirty (30) inches, provided that in no case may such encroachments be closer than thirty (30) inches to any lot line .

B. Bay windows, greenhouse windows and similar windows which are no wider than eight feet, spaced a minimum of ten feet apart, and which do not create additional floor area may encroach within three feet of the side or rear lot line, and three feet from the front lot line , but in no case shall the depth of such windows be more than thirty (30) inches.

C. Pilasters, columns and chases for mechanical equipment which have a depth of six inches or less, a width of one foot or less, may encroach, but in no case shall such encroachment be closer than thirty (30) inches to the lot line .

D. Encroachments into required yards which are determined to be architectural projections by the planning director shall be a minimum of ten feet apart."

 

Analysis

Pursuant to sub-section B. a bay window that complies with the 30-inch depth limitation could not be installed on an existing structure with a nonconforming front yard because of the three-foot clearance required from the front property line. Also, sub-sections A. and C. limit any other projections to within 30 inches of any property line.

The general purpose for allowing architectural encroachments into required yards is to allow additional architectural relief to buildings. The reasons for limitations on the encroachments include building code related safety reasons (i.e. clearance to side and rear property lines for fire protection); to prevent additional floor area within yard areas; and to reasonably limit the depth, spacing and width of architectural projections so as not to increase the bulk of buildings.

The required 3-foot clearance from the front property line for bay/garden windows is not necessary for safety reasons since the projection faces a public right-of-way and there is no need to provide a minimum distance for fire protection between properties. Furthermore, elimination of the clearance requirements for bay windows in nonconforming front yard will not have a negative aesthetic effect since the existing legal non-conforming condition means that a building is already located within the front yard setback. In some cases, however, certain adjacent north/south facing lots, may have some portion of ocean views blocked by a window projection. Typically the current clearance requirements from the front lot line preclude homeowners from using architectural projections to enhance their building’s appearance where they have legal nonconforming front yards and the proposed text amendment will alleviate this situation. The proposed text amendment will affect existing buildings with nonconforming front yards in all residential zones and new development in the R-3 zone where there is a minimum front yard setbacks of less than 5 feet.

The proposed text changes remove the 3-foot clearance limitation in the front yard and modify the 30-inch clearance for other types of projections to apply only to side and rear yards. The provisions prohibiting the use of the projection for additional floor area; limiting the depths of the projections; and the spacing and size limitations remain. The Commission proposed modifications are shown in italics.

 

 

RECOMMENDED CHANGE TO TEXT

Changes in bold and underlined

Planning Commission modifications in italics

17.46.070 Architectural encroachments into required yards.

Required yard areas shall be unobstructed from ground to sky except specifically allowed as follows:

A. Cornices, eaves, belt courses, sills and buttresses may encroach into any required yard area not more than thirty (30) inches, provided that in no case may such encroachments be closer than thirty (30) inches to any the side or rear lot line.

B. Bay windows, greenhouse windows and similar windows which are no wider than eight feet, no more than 48 inches high, spaced a minimum of ten feet apart, and which do not create additional floor area may encroach within three feet of the side or rear lot line, and three feet from the front lot line , but in no case shall the depth of such windows be more than thirty (30) twenty-four (24) inches.

C. Pilasters, columns and chases for mechanical equipment which have a depth of six inches or less, a width of one foot or less, may encroach, but in no case shall such encroachment be closer than thirty (30) inches to the the side or rear lot line.

D. Encroachments into required yards not listed above which are determined to be architectural projections by the Planning Commission director shall be a minimum of ten feet apart.