Seal Beach council OKs new rules for rooftop canopies

The Seal Beach City Council on Monday, Jan. 14, unanimously approved an ordinance that will allow temporary, collapsible structures on roof decks, provided they are taken down when not in use. It was the first reading of the ordinance, which will come back to the council at the next meeting.

In other news, the council disbanded the DWP Advisory Committee and extended two other city committees.

Subhead: Roof deck regulation

The new rooftop regulation was approved following a public hearing on a proposed text amendment to the Zoning Code.

According to a staff report by Director of Community Development Jim Basham, the originally proposed code would have allowed canopies only if they were more than 150 square feet in area, collapsible and below the height limit when they were not in use.

Councilman Michael Levitt wondered how the new law would be enforced. He asked how the city would determine if the canopies were collapsible. He also asked how the city would know if the canopies were below the height limit.

Basham said his code enforcement staff would enforce the ordinance.

Councilwoman Ellery Deaton said: “If I man, we enforce by complaint.”

Levitt said basing enforcement on complaint made the law unenforceable.

Mike Buhbe, a local activist who campaigned in favor of the two-story height limit in Seal Beach’s Old Town area years ago, said large canopies were “something like” third stories. He said the proposed ordinance basically violated Measure Z.

Buhbe was referring to a ballot measure that banned three-story houses when approximately 73 percent of Seal Beach voters approved it in 2008.

Deaton suggested changing the language of the ordinance to treat all roof canopies alike, regardless of size. She also wanted the language changed so the canopies would be taken down when they were not being used.

She described the choices for the council as requiring all canopies to be collapsible or not allowing any shade at all on a roof deck.

Mayor Gary Miller said her proposal was exactly what was needed.

Councilman David Sloan asked for a definition of when a canopy was in use.

“It should be protecting someone from the elements,” Deaton said.

The council vote unanimously to approve the revised version of the ordinance as suggested by Deaton.

Committees disbanded and extended

The council voted disbanded the DWP Advisory Committee, to extend the Ad Hoc General Plan/Local Coastal Plan Committee for a year and to extend the Salon Meritage Memorial Committee until December 2013.

These decisions were part of the resolution that appointed Seal Beach residents to various city committees, commissions and boards. For details, see the Sun website at sunnews.org.