RESOLUTION NO. 7 - 22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL
DENYING WITHOUT PREJUDICE A REASONABLE ACCOMMODATION REQUEST
FOR AN ACCESSORY STRUCTURE WITH A FRONT YARD SETBACK OF TWO FEET WHERE 20 FEET IS REQUIRED AND A SIDE YARD SETBACK OF THREE FEET WHERE FIVE FEET IS REQUIRED. ADDITIONALLY, DENYING WITHOUT PREJUDICE
A SIX-FOOT-TALL FENCE/GATE IN THE REQUIRED FRONT YARD ACROSS THE
VEHICULAR ACCESS WHERE A MAXIMUM HEIGHT OF THREE FEET IS ALLOWED AS ASSOCIATED WITH REASONABLE ACCOMMODATION PLN 21-0497 AT 406 KAHRS AVENUE.
WHEREAS, the applicant, Maria Azamey, submitted PLN 21-0497 on December 7, 2021, for a Reasonable Accommodation to accommodate construction of an accessory structure with a front yard setback of two feet where a minimum of 20 feet is required; a side yard setback of three feet where a minimum of five is required; and installation of a six-foot tall fence in the required front yard across the vehicular access, where the maximum allowed height is three feet; and
WHEREAS, in accordance with PHMC Section 18.112.050.A.1 of the Zoning Ordinance the Zoning Administrator referred the Reasonable Accommodation request to the Planning Commission; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on March 8, 2022, regarding the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, the Planning Commission evaluated the proposed Reasonable Accommodation request for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances; and
WHEREAS, the Planning Commission concluded that they could not make the necessary findings to approve the Reasonable Accommodation; and
WHEREAS, in accordance with Section 15270 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, CEQA does not apply to projects which a public agency rejects or disapproves; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Pleasant Hill, in accordance with Chapter 18.112 of the Pleasant Hill Municipal Code, hereby denies the request (Reasonable Accommodation PLN21-0497) without prejudice, based upon the following findings:
Azamey Reasonable Accommodation PLN 21-0497
Findings for Denial
March 8, 2022
Reasonable Accommodation DENIAL Findings
1. The housing will be used by a disabled person
A disabled person does reside on the property.
2. The requested accommodation is necessary to make specific housing available to a disable person
The request for the reasonable accommodation includes allowing a non-permitted, nonconforming structure to remain as is, with a front yard setback of two feet where a minimum of 20 feet is required and a side yard setback of three feet, where a minimum of five is required.
The applicant's reasonable accommodation request is to utilize an existing non- permitted, nonconforming accessory structure as a physical therapy room. The applicant states that the current location of the structure is more feasible than converting the existing 390 square foot car garage, as it houses the accessible van and is not insulated (see Applicant's Analysis, Attachment D). The applicant notes that to construct the physical therapy room at any other location of the site would pose a hardship and be cost prohibitive.
The proposed/existing physical therapy room (accessory structure) is intended to be used by the disabled resident for therapy. The proposed structure is necessary and related to the disability; however, there are other locations on the site where the structure/use could have been located that would better accommodate the proposed use by complying with zoning regulations. These locations include: (1) within the existing house; (2) as an addition to the rear of the home (west); (3) placement of the structure to the south of the home where the required setbacks could be met, as the parcel is approximately 16,552 square feet.
In conclusion, had the applicant approached the City to discuss location prior to constructing the structure there is a high probability the accessory structure could have been sited both in compliance with zoning regulations and to the satisfaction of the applicant's needs.
The project also includes a request to allow construction of a six-foot tall fence/gate (motorized) on the front property line of the parcel at the easement. PHMC Section
18.20.040 of the Zoning Ordinance provides that fences in the required front yard shall not be taller than three feet. The applicant's basis for the request for a taller fence is for safety for the person with the disability.
Granting this request is not necessary to make the housing available to a disabled person, as it does not appear that a six-foot tall fence is related to the disability.
Azamey Reasonable Accommodation PLN 21-0497
Findings for Denial
March 8, 2022
Further, a three-foot tall fence, which is allowed per code, would also provide safety and security of the site. In addition, the site is signiticantly recessed from the public street and accessed through an easement. These factors afford the subject site greater security than other properties in the vicinity that front upon the public street.
The requested accommodation would not impose an undue financial or administrative burden on the city.
There would not be an undue financial or administrative burden imposed on the City as a result of approving the proposed reasonable accommodation. Inspections for the existing carport and physical therapy room, and proposed fence, would occur as part of the routine building and zoning permit process.
4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.
The proposed/existing physical therapy room would result in a fundamental alteration to land use and zoning as the structure would encroach into the required front yard setback by 18 feet and the required side yard setback by two feet.
The proposed/existing physical therapy room would result in a fundamental alteration to land use and zoning, as the structure would encroach upon the required front yard setback by 18 feet and the required side yard setback by two feet.
A resident at the property does have a disability (as determined by a medical professional), the reasonable accommodation is sought to allow, retroactively, an otherwise non-permitted structure built on the property without prior City consultation.
While a reasonable accommodation does allow flexibility and the waiving of certain requirements, the extent requested equates to a fundamental alteration of zoning provisions that does not appear to be justified when other reasonable alternative solutions exist on the property. Had the request come before the City in advance of construction of the non-permitted accessory structure, it is likely that other locations on the property could have been identified that satisfy zoning regulations.
The project also includes a request to allow construction of a six-foot tall fence/gate (motorized) on the front property line of the parcel at the easement. PHMC Section
18.20.040 of the Zoning Ordinance provides that fences in the required front yard shall not be taller than three feet
Granting this request is not necessary to make the housing available to a disabled person, as it does not appear that a six-foot tall fence is related to the disability. Further, a three-foot tall fence, which is allowed per code, would also provide safety and security of the site. In addition, the site is significantly recessed from the public street and Azamey Reasonable Accommodation PLN 21-0497
Findings for Denial
March 8, 2022
accessed through an easement. Staff believes these factors afford the subject site greater security than other properties in the vicinity that front upon the public street.
ADOPTED by the Planning Commission, City of Pleasant Hill, on the 8th day of March, 2022, by the following vote:
AYES: Chiang, Khalfin, Vavrek, Vinson, Mascaro, Wyler
NOES: None
ABSTAIN: None
ABSENT: None
Troy Fujimoto, Secretary
Planning Commission