CITY COUNCIL STAFF REPORT
Meeting Date: March 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: Adopt Resolution No. __-25 Denying the Appeal and Upholding the Planning Commission’s Decision to Approve a Portion of a Reasonable Accommodation Request for an Attached Carport Structure for a Person with Disabilities at 135 Byron Court, ENT-2023-0058.
SYNOPSIS
This is a public hearing to consider an appeal of the Planning Commission’s decision to approve a portion of a Reasonable Accommodation request to legalize a recently constructed, nonconforming carport structure (constructed without permits), with minor modifications, to provide covered parking for a disabled person residing at 135 Byron Court. The carport structure is attached to the northwest side of the house and currently encroaches 1 foot, 1 inch into the minimum 5-foot side setback on the north side yard and 3 feet, 4 inches into the minimum aggregate setback of 15 feet. The Planning Commission approved a portion of the Reasonable Accommodation request allowing a reduction in the 15-foot minimum aggregate side setback requirement but requiring compliance with the minimum 5-foot side setback requirement.
The property owners (Jim and Juliana Levesque) filed a timely appeal of the decision and are requesting that the carport structure be allowed to encroach into the minimum 5-foot side setback as currently built.
DISCUSSION
Project Description
The applicant is seeking to legalize (with minor modifications) a recently constructed, unpermitted carport structure attached to the northwest side of the existing home to provide covered parking and a covered path of travel to the house for a disabled person that resides in the home. The carport structure is located approximately 78 feet back from Byron Court with access provided via a paved driveway along the side of the property. The applicant has stated that the covered parking and path of travel is required to accommodate a future ADA van parking space and an area for a wheelchair ramp from the van to the side door to the house.
The existing unpermitted carport structure contains four support posts, the northeastern post is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required.
Additionally, the opposite interior side setback (south) of the existing house is 7 feet, 9 inches.
Therefore, as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where 15 feet is required. The three other posts comply with the minimum and aggregate setback requirements. The applicant has stated that they will remove the northwestern portion of the existing carport roof, so the structure complies with lot coverage requirements and reduces the area that the carport encroaches into the setback area (as shown on the proposed plans). The resulting carport structure would be 23 feet long and 22 feet wide, for a total of 506 square feet of coverage. However, the applicant is requesting a Reasonable Accommodation to allow the four posts to remain as built, with the northwest post encroaching 1 foot, 1 inch into the minimum setback area, and 3 feet, 4 inches into the aggregate setback.
The carport features a pitched roof and open sides. The structure is 13 feet, 6 inches tall at the peak of the roof and is constructed with four 6-foot by 6-foot steel support posts with wood framing. The applicant intends to paint the structure with the same trim color as the existing home for compatibility.
Background
The existing single-family residence was built in 1947 and consists of 2,778 square feet of living area (including a converted garage). There is also a detached accessory structure at the rear of the property measuring approximately 290 square feet. There is currently no garage on the property since July 14, 2015, when the applicant received approval of a Reasonable Accommodation request to legalize an unpermitted conversion of a 360-square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home (the unpermitted conversion was completed by the previous owners). The approval also included the construction of a paved driveway and parking area along the northwestern side yard to provide parking. There was discussion at the time regarding the construction of a tandem, two-car carport structure at this location; however, it was not included in the final conditions of approval and was labeled on the approved plans as “possible carport tandem parking”.
No building permits were filed for a carport structure at this location.
The existing unpermitted carport structure was built in October/November 2023 and brought to the City’s attention by the City’s Building Division.
On June 11, 2024, the Planning Commission adopted Resolution No. 11-24 approving a portion of the Reasonable Accommodation request to legalize a recently constructed, non-conforming carport structure (constructed without permits), with minor modifications. The carport was conditioned to be modified to ensure compliance with the minimum 5-foot side setback requirement.
On June 26, 2024, the property owners filed an appeal of the Planning Commission’s decision and are requesting that the carport structure be allowed to encroach into the minimum 5-foot side setback as currently built.
Various scheduling conflicts have occurred with both the applicant’s schedule and agenda availability between the filing of the appeal and the March hearing with the City Council, all of which have been mutually agreed to by the applicant and Staff.
GENERAL INFORAMTION
Project Location
The 13,400-square-foot parcel is located on the southwest end of Byron Court (cul-de-sac), is relatively flat, and is developed with a single-story single-family residence. The Assessor Parcel Number is 149-195-011.
The adjacent property to the north is slightly elevated above the subject property; therefore, there is a small retaining wall located in front of the fence, along the driveway leading to the subject carport.
The property owner produced a survey of the northern side property line, which concluded that the northwestern side property line is located approximately 1.25 feet further away from the fence line, within the adjacent neighbor’s yard. This is important to note because setbacks for the carport structure are measured from the property line and not the existing fence. A copy of the survey can be found in the project plans (Attachment C).
General Plan and Zoning
The General Plan designations the site as Single Family Medium Density and the zoning designation is R-10, Single-Family Residential - 10,000-square-foot lots.
REQUIRED FINDINGS AND CRITERIA
In accordance with Section 18.112.010 of the Zoning Ordinance, the City provides individuals with disabilities Reasonable Accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person(s) may request a Reasonable Accommodation in the application of zoning requirements.
Chapter 18.112 of the Zoning Ordinance is based on requirements of the Federal and State fair housing laws and also implements the Housing Element of the City’s General Plan. It is distinct from the requirements for: (1) a variance set forth in Government Code Section 65906 and PHMC Chapter
18.110, Variances or, (2) a minor exception cited in PHMC Chapter 18.111, Minor Exceptions.
The City must make findings for the project regarding the Reasonable Accommodation. More discussion on the findings and the project’s consistency can be found in the Analysis section of this Staff Report below, and in the Planning Commission Resolution No. 11-24 (Attachment B).
ANALYSIS
The Planning Commission previously reviewed the Reasonable Accommodation request and the justification for the covered parking to accommodate a disabled resident of the home and ultimately approved a portion of the request allowing for a reduced aggregate side setback. The carport was conditioned to be modified to ensure compliance with the minimum 5-foot setback requirement. Staff’s analysis presented to the Planning Commission is included below, along with analysis of the findings required to support the Reasonable Accommodation request.
A. ADA Parking Requirements and Covered Parking
The Americans with Disabilities Act (ADA) provides regulations for van accessible spaces, which include a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. The applicant has stated a need for a 3-foot-long ramp from the house to the paved parking area; therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. ADA regulations do not include requirements for covered parking; however, the applicant has requested protection from the natural elements for the parking space and path of travel to the house.
As previously mentioned, the applicant is requesting to legalize a carport structure over the parking area with a dimension of 23 feet long and 22 feet wide (as measured to the outside of the support columns), for a total of 506 square feet of coverage. At 22 feet wide, the carport structure is two feet wider than what is necessary to accommodate weather protection for the parking space and ramp to the house. Given that the structure already encroaches 1 foot, 1 inch into the 5-foot minimum side setback, the Planning Commission concluded that the northeastern post could be relocated 1-foot, 1-inch farther away from the property line to comply with the 5-foot minimum setback, and that the roof eave overhang could be reduced so that the eave extends a maximum of two feet into the side yard (per PHMC Section
18.50.020 (Building projections into yards and courts) This would result in a carport structure width of 20 feet, 1-inch (as measured to the outside of the support columns), which would comply with the minimum 5-foot setback requirement, while still providing the necessary 20 feet of covered ADA van parking and ramp access to the house.
However, the Planning Commission acknowledged that the modified carport structure would still require a Reasonable Accommodation to reduce the aggregate setback requirement of the property from the 15 feet required to the 12 feet, 9 inches proposed. Therefore, the Planning Commission approved the request given that a 20-foot-wide covered parking area is necessary to accommodate the ADA van parking and ramp access to the house. If the 15-foot aggregate setback were to be enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which would not fully cover the parking space and ramp.
B. Site Circulation
The applicant has stated as part of their appeal that they cannot relocate the existing northeastern most post outside of the side setback area (closer to the house) because an ADA van would not be able to make a turn into the carport area due to the existing pinch point (approximately 9.8 feet wide) between the northeastern most point of the house and the adjacent retaining wall and fence along the northern most property line. Staff had analyzed the situation and noted to the Planning Commission that the post could be relocated to meet the setback requirement without interfering with the applicant’s ability to access the carport structure. While there is an existing pinch point between the house and the retaining wall, the side yard widens significantly past this point due to the angle of the property line and the house. Therefore, an ADA van would have ample room to turn into the carport without hitting the post if the post were located 5 feet away from the property line. Staff also noted to the Planning Commission that there is an opportunity to move the post farther west, away from the pinch point, to create even more room for maneuverability as the property continues to widen towards the rear.
C. Findings
In order to approve a Zoning Permit for Reasonable Accommodations, each of the following findings must be made for the project. Each finding is listed below followed by staff’s analysis:
1. The housing will be used by a disabled person;
The applicant’s basis for a Reasonable Accommodation is to accommodate a disabled resident of the home, specifically to provide covered parking and a covered path of travel from the parking area to the side entrance of the house with protection from the natural elements. The resident is considered to be disabled in accordance with the definition of a Disabled Person contained in Pleasant Hill Municipal Code Section 18.112.020.
2. The requested accommodation is necessary to make specific housing available to a disabled person;
The applicant is requesting a Reasonable Accommodation to legalize an existing, unpermitted, and non-conforming carport structure to provide covered parking and a covered path of travel from the parking area to the side entrance of the house for a disabled resident of the home. The requested carport dimensions would be 23 feet long and 22 feet wide, for a total of 506 square feet of coverage. The structure, as requested, requires a Reasonable Accommodation from two development standards:
1) The northeastern most portion of the carport, including the support column, is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required; and 2) as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required.
The Americans with Disabilities Act (ADA) includes minimum regulations for van accessible spaces, which includes a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. The applicant has stated they will require a 3-foot-long ramp from the house to the paved parking area; therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. While ADA standards do not regulate covered parking, the applicant has stated that protection from the natural elements is necessary for the disabled individual.
The unpermitted carport structure is therefore two feet wider than the 20-foot minimum width necessary to accommodate the needs of the disabled resident at the home such that the non-conforming northeastern most post can be relocated 1-foot, 1- inch farther away from the property line (towards the house) to comply with the 5- foot minimum setback. This would result in a carport structure depth of 20 feet, 1- inch (as measured to the outside of the support columns), which would satisfy the minimum 5-foot setback requirement while still providing the necessary covered ADA van parking and ramp access to the house. Therefore, the requested accommodation for a 22 feet wide carport structure is not necessary, nor reasonable, to provide the requested covered parking and path of travel for the disabled person residing in the home.
However, if the unpermitted carport structure were to be reduced to a width of 20 feet, 1 inch to satisfy the minimum side setback standard, it would still require a Reasonable Accommodation to reduce the aggregate side setback requirement of the property from 15 feet to 12 feet, 9 inches. This Reasonable Accommodation request is necessary given that a 20-foot-deep covered parking area is necessary to accommodate the ADA van parking and ramp access to the house. If the 15-foot aggregate setback were to be enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which is less than the 20-foot depth necessary to cover the parking space and ramp.
3. The requested accommodation would not impose an undue financial or administrative burden on the city; and
There would not be an undue financial or administrative burden on the City, as a result of approving the proposed Reasonable Accommodation. Inspections for the garage conversion and accessory structure, and any other necessary follow up activities, 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 property previously received approval of a Reasonable Accommodation request to convert the garage into a physical therapy room for a disabled resident. No replacement covered parking was conditioned as part of that request; therefore, the property has no covered parking. The addition of a carport structure would bring the property closer to compliance with the City’s requirement for single family homes to have an enclosed, two-car garage.
As proposed, the carport would require a Reasonable Accommodation from the minimum 5-foot setback requirement, which would represent a fundamental alteration in the development regulations for single-family homes. However, the proposed width of the carport structure can be reduced to 20 feet, 1 inch, which would comply with the minimum side setback standards of the zone, while still providing the necessary covered parking to accommodate the disabled person’s needs. The revised carport structure would still require a Reasonable Accommodation to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches; however, this request would not require a fundamental alteration to any existing law or regulation since the minimum side setback requirements would be met.
The carport structure, as approved by the Planning Commission, complies with all other development standards, including the 35-foot height limit (13-foot 6-inches proposed) and the 30-percent maximum lot coverage requirement (29.9-percent proposed). Additionally, per PHMC Section 18.50.020 (Building projections into yards and courts), the eave of the carport may encroach up to two feet into the side setback so long as the outside of the post meets the setback requirement. Additionally, the modified carport structure would also comply with the minimum carport dimension standards outlined in PHMC Section 18.55.150.C, which require a minimum interior dimension of 9 feet wide by 19 feet deep for single carport car parking, with a covered roof over the entire parking area.
Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line.
Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
D. Other Requirements
Section 18.112.060 of the Zoning Ordinance contains other requirements applicable to the proposal if approval is granted for the Reasonable Accommodation request. The review authority may condition its approval, as set forth in PHMC Section 18.112.060.B.3 of the Zoning Ordinance on any or all of the following:
a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;
b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;
c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone districts; and
f. Other conditions necessary to protect the public health, safety and welfare.
E. Public Comments
The City received a letter of support for the project from the adjacent neighbor at 140 Byron Court (Attachment I).
F. Reasonable Accommodation Guidelines
When reviewing any Reasonable Accommodation request, the reviewing body is required to ensure that the project also addresses the Reasonable Accommodation Implementation Guidelines. A summary of the project’s consistency with the Guidelines is provided in Attachment F.
G. Conclusion
The existing, unpermitted, nonconforming carport structure associated with the Reasonable Accommodation request is necessary to provide a covered parking area and path of travel to the house to accommodate the needs of a disabled resident of the home. The requested carport structure is attached to the northwest side of the house and is 23 feet long and 22 feet wide, for a total of 506 square feet. As proposed, the structure requires a Reasonable Accommodation from two development standards: 1) The northeastern most portion of the carport, including the support column, is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required; and 2) as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required.
The Americans with Disabilities Act (ADA) includes minimum dimensions for van accessible spaces: a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. The applicant has stated they need a 3-foot-long ramp from the house to the paved parking area; therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. The existing carport structure’s width of 22 feet is, therefore, 2 feet wider than what is necessary to accommodate the needs of the disabled resident at the home.
The Planning Commission concluded that the non-conforming northeastern most post could be relocated 1-foot, 1-inch away from the property line to comply with the 5-foot minimum setback and, therefore, could not support this portion of the request. The Planning Commission was able to make the required findings to support the Reasonable Accommodation request to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches, because this request would not require a fundamental alteration to any existing law or regulation since the project, as conditioned, would satisfy the 5-foot minimum side setback requirement.
CEQA
Pursuant to Section 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, the proposed project is determined to be categorically exempt (Class 1 – Existing Facilities, and Class 3 –New construction or conversion of small structures) because the project consists of an alteration to an existing single-family home and the construction of an attached carport structure which will not have a significant impact on the environment.
FICAL IMPACT
None.
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the Resolution to deny the appeal and uphold the Planning Commission’s decision, without prejudice.
ALTERNATIVES TO RECOMMENDED ACTION
• Continue the item to a later date with direction provided to Staff. • Approve the appeal, overturn the decision of the Planning Commission approving the Reasonable Accommodation as requested by the Applicant, and direct staff to bring a Resolution consistent with this direction at the subsequent City Council meeting date.
ATTACHMENTS
Attachment A Proposed Resolution
Attachment B Planning Commission Resolution No. 11-24
Attachment C Applicant Appeal
Attachment D Proposed Project Plans
Attachment E Applicant’s Reasonable Accommodation Analysis Attachment F Reasonable Accommodation Guidelines
Attachment G Site Photos
Attachment H Public Hearing Notice
Attachment I Public Comments
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager