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PC 2017-02-21_9a Staff 17-001 Development Code InterpretationMEMORANDUM TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: SAM ANDERSON, PLANNING TECHNICIAN SUBJECT: CONSIDERATION OF STAFF PROJECT 17-001; INTERPRETATION OF ARROYO GRANDE MUNICIPAL CODE DEFINITION OF STORY; LOCATION-CITY WIDE; APPLICANT-CITY OF ARROYO GRANDE DATE: FEBRUARY 21,2017 RECOMMENDATION: It is recommended that the Planning Commission review the definition of "story" in the Arroyo Grande Municipal~ Code (AGMC) and adopt a Resolution providing an interpretation classifying rooftop decks as a separate story. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: Staff has recently been receiving inquiries regarding projects involving rooftop decks. A recent proposal involving a rooftop deck necessitated the interpretation classifying decks as a separate story. ANALYSIS OF ISSUES: The term "story'' is defined in the AGMC as " ... as identified in the Uniform Building Code, generally means portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above." A roof top deck does not have a ceiling or upper floor above to qualify as a story. However, in previous interpretations of the AGMC, it has been considered that the construction of a rooftop deck on a garage roof a second story addition, and required the processing of a Viewshed Review for approval. A rooftop deck does require 42" of railing, and does create a visual impact beyond what would typically exist on a flat roof without the deck component. ALTERNATIVES: The following alternatives are provided for the Planning Commission's consideration: • Adopt the attached Resolution finding that a rooftop deck does qualify as a separate story; or • Provide direction to staff. PLANNING COMMISSION CONSIDERATION OF STAFF PROJECT 17·001 FEBRUARY 21, 2017 PAGE2 ADVANTAGES: Finding that a rooftop deck does qualify as a separate story would allow continued review of potentially adverse visual impacts created by additional story expansions, and would allow public notification through the Viewshed Review process in Single Family zones. DISADVANTAGES: Finding that a rooftop deck does qualify as a separate story maintains a layer of City review that comes at the cost and time of property owners, even in potentially minor circumstances. ENVIRONMENTAL REVIEW: Environmental review is not required for this item. PUBLIC NOTICE AND COMMENT: The Agenda was posted at City Hall and on the City's website in accordance with Government Code Section 54954.2. No comments have been received. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE INTERPRETING THAT A ROOFTOP DECK IS TO BE CLASSIFIED AS A SEPARATE STORY IN SECTION 16.040.070 OF THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, the Development Code is Title 16 of the Arroyo Grande Municipal Code, was adopted by the City Council on May 14, 1991, and became effective on June 13, 1991;and WHEREAS, Municipal Code Section 16.04.070 provides for definitions for terms used throughout Title 16; and WHEREAS, the Planning Commission has received a request for an interpretation to classify rooftop decks as a separate story; and WHEREAS, the Planning Commission has considered the Municipal Code interpretation at a duly noticed meeting on February 21, 2017. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby makes the interpretation that rooftop decks shall be considered separate stories. On a motion by Commissioner following roll call vote to wit: AYES: NOES: ABSENT: , seconded by Commissioner the foregoing Resolution was adopted this 21st day of February, 2017. and by the RESOLUTION NO. PAGE2 LAN GEORGE, CHAIR ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA McCLISH DIRECTOR OF COMMUNITY DEVELOPMENT