Commission backs clarifications on balconies, considers roof-deck rules for multifamily open space

Staff brought forward two project-design issues in Division 6 of Title 19: whether balconies for certain multifamily units should be allowed to project into internal setbacks and whether shared roof decks may satisfy a larger portion of required internal open space in some multifamily or mixed-use developments. Planning Manager Libby Grage explained the balcony item grew from a conflict between interior-side setback rules intended to preserve light and the common practice of providing balconies as private outdoor space; staff recommended clarifying that limited balcony projections may be allowed into the 15-foot setback where units have solar access only from the interior side.

On rooftop open space and shared roof decks, the existing code allows multifamily developments to meet up to 50% of required internal open space with shared roof decks, while certain mixed-use buildings may meet up to 100% by roof deck. Staff described a Housing Action Plan suggestion to align the percentages and to allow intermediate-level roof decks that are available to all residents. MJB’s representative said the developer had originally sought to allow horizontal mixed-use multifamily buildings to fulfill 100% of their internal open-space requirement with shared roof decks, but after the HAP language was noted they were willing to follow the HAP recommendation.

Commissioners generally agreed that clarifying the balcony rule to allow limited projection (with size limits and design standards) was reasonable; questions focused on the maximum allowable projection and preserving light and privacy for adjacent properties. Commissioners signaled support for bringing clearer, consistent language on roof-deck percentages back for the Oct. 22 public hearing. No code text was adopted at the Oct. 1 session.

Staff will return with explicit draft language: (1) specifying how and how far balconies may project into the 15-foot interior-side setback for units with single-sided solar access, and (2) clarifying the percentage of internal open space that may be met by shared roof decks for single-purpose multifamily and mixed-use developments.