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Commission flags roof-deck and open-space concerns in SB 9 edits, asks for setback language
Summary
Commissioners and staff discussed removing a roof-deck prohibition from local SB 9 language and instead applying setback standards tied to the underlying zone; the commission asked staff to draft setback options (5'15 feet were discussed) and to consider open-space standards.
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Staff told the commission that some design standards in the draft SB 9 section had been removed because state law prevents unique SB 9-only standards that do not apply uniformly to the underlying zone. One such example was a local prohibition on roof decks; staff had removed the prohibition to remain compliant with state guidance.
"Roof decks are prohibited. I took it out because if unless roof decks are prohibited in the underlying zone, they can't be prohibited for SB 9 developments," a staff presenter said, explaining the legal constraint. Commissioners asked whether the commission could impose roof-deck-specific setbacks to prevent privacy and overlooking impacts; staff proposed referencing the underlying setback scheme and possibly adding a specific minimum setback for roof decks (5, 10 or 15 feet were debated). Commissioners also raised whether open-space standards or lot-coverage rules in the underlying zone provided adequate protection and whether any additional SB 9-specific measures were needed.
Staff agreed to return with ordinance language that references underlying setback standards and offers a clear roof-deck setback option for the commission to consider.
Provenance: topicintro SEG 730 ("Roof decks are prohibited.") ; topicfinish SEG 1216 (commission returns to final roof-deck/setback guidance).

