Public Hearing followed by discussion and possible action on any and all matters regarding Text Amendment Case No. 2023-0048 and Ordinance No. 440. An ordinance of the Mayor and City Council of San Luis, Arizona amending Title 18 of the City Code of the City of San Luis, Zoning Regulations to amend the provisions for front and side yard setbacks to allow certain shade structures and to amend permit requirements for accessory buildings; repealing any conflicting provisions; and providing for severability.  (Jose A. Guzman, Director of Planning and Zoning)

A. Open public hearing

This is a request by the City of San Luis for a text amendment to Title 18 of the City Code of the City of San Luis, Zoning Regulations to allow a reduction in setbacks for certain structures including prohibitions for fire and building safety requirements and design specifications. This text amendment will also amend the permit requirements for accessory buildings.

The city's current regulations allow for the construction of cloth shade structures as long as they comply with building code regulations, including engineering design and zoning regulations pertaining to the required building setbacks. This means that the structure must be designed and constructed to meet all safety and structural requirements and must be placed at the appropriate distance from property lines and other buildings as specified by the zoning regulations regarding building setbacks.

Engineered design is required for metal structures under the International Building Code (IBC) to ensure that these structures are safe and able to withstand the loads and forces that they will be subjected to. The IBC sets out specific requirements for the design and construction of metal structures, including requirements for load-bearing capacity, stability, and resistance to wind, seismic and other forces.

Building setback requirements are to ensure that buildings are constructed at a safe distance from each other and from property lines, reducing the risk of fire and other hazards. This also provides space for emergency vehicles and other large vehicles to access the property in case of emergencies. Additionally, building setbacks also help to provide privacy, natural light, and ventilation for buildings and their occupants.

PROPOSED AMENDMENTS:
The proposed changes are attached to the report in detail and include the following:

• Front Setbacks: Reducing front setback from 20 ft. to 10 ft. for "Driveway Shade Structures" as defined below:
  
  DRIVEWAY SHADE STRUCTURE. A structure with a roof or a canopy located on the principal driveway that, if unattached, is open on all sides. If the Driveway Shade Structure is attached to the principal structure, its only closed side is the one side attached to the principal structure.  A Driveway Shade Structure consists of no more than four (4) columns to support that structure, said columns shall not be wider than six inches by six inches (6"x6") in width. A Driveway Shade Structure may have an overhang of up to two feet (2’). Its only function is to provide a place for shading motor vehicles.
   
• Accessory Buildings less than 200 sq. ft. without a permit but still require to comply with current setbacks for accessory buildings.
   
• Side Yard Setbacks Exceptions- Side yard setback reduction only for shade structures that provide proof of compliance with the International Building Code, and National Fire Protection Association (NFPA 1) is provided and approved by the San Luis Building Safety Division and the Fire Department. 

CITIZEN REVIEW MEETING:
As required by State Statute and the City Code, a Citizen Review Meeting was held on April 4, 2023, at 5:00 P.M. The intent of this meeting was to allow the public to learn about the text amendment, ask questions and/or express any comments or concerns. Notice of the meeting was published in the local newspaper and there were no people from the public present. 

PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing during their regular meeting on April 11, 2023. The Commission recommended approval of Text Amendment Case No. 2023-0048. 

COMMUNITY WORKSHOP:
To further promote community understanding of the proposed changes, explain the proposed changes to the city code, and elicit community comments, the Planning and Zoning Department will be hosting a community workshop regarding the proposed changes on April 25, 2023.

STAFF RECOMMENDATION:
Staff recommends approval of Text Amendment Case No. 2023-0048 and Ordinance No. 440.