CITY COUNCIL STAFF REPORT
Meeting Date:June 16, 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 REASONABLE ACCOMMODATION REQUEST FOR
AN ATTACHED CARPORT STRUCTURE FOR A PERSON WITH
DISABILITIES AT 135 BYRON COURT, ENT- 2023-0058
SYNOPSIS
This is a continued 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) 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 requesting that the carport structure be allowed to encroach into the minimum 5-foot side setback as currently built.
Since the previous City Council hearing, the applicants have expanded their Reasonable Accommodation request to also allow the project to exceed the maximum allowable lot coverage for the site from 30 percent to 30.4 percent to accommodate the as-built, non-conforming carport structure. The applicants had previously proposed, and the Planning Commission had approved, a modification to the structure to reduce the amount of coverage and comply with the lot coverage requirement.
DISCUSSION
Project Description
The applicant is seeking to legalize 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 resident. The carport structure is located approximately 78 feet 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.
(aerial of existing unpermitted carport structure)
The existing unpermitted carport structure contains five support posts, the northeasternmost (front) 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 four other posts comply with the minimum and aggregate setback requirements. The applicant is requesting a Reasonable Accommodation to allow the structure 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 property owners had previously stated that they would remove the northwestern portion of the existing carport roof, so the structure complies with lot coverage requirements. However, the property owners have since expanded their Reasonable Accommodation request to exceed the maximum allowable lot coverage for the site from 30 percent to 30.4 percent to accommodate the as-built, 562-square-foot, non-conforming carport structure.
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-inch-by-6-inch steel support posts (and an additional fifth temporary post) with laminated wood framing. The applicant intends to paint the structure with the same trim color as the existing home for compatibility.
Background
The existing unpermitted carport structure was built in October/November 2023 and brought to the City’s attention by the City’s Building Division while under construction.
On June 11, 2024, the Planning Commission adopted Resolution No. 11-24 approving a portion of the Reasonable Accommodation request to legalize the recently constructed, non-conforming carport structure (constructed without permits), with minor modifications. The carport was conditioned for modification 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 requesting that the carport structure be allowed to encroach into the minimum 5-foot side setback as currently built.
On March 3, 2025, the City Council reviewed the appeal of the Commission’s decision. The Council provided feedback to Staff and the Applicant and ultimately continued the item, requesting that the City’s Chief Building Official evaluate the request and provide additional information on the feasibility of modifying the structure. The Council also requested additional clarity on the location and spacing of the ramp, wheelchair circulation area, and ADA van parking space within the existing covered carport.
On March 12, 2025, Chief Building Official Geoff Simmons and Senior Planner Haley Croffoot visited the site. Mr. Simmons noted that movement of the column in any direction would not be easy due to the method of original installation (columns were reported to extend five feet into the earth and within a concrete encasement). Mr. Simmons also noted many details would need to be verified through a Building Permit submittal, such as specifications on the welded beam support brackets, rating of cross beams, spacing and span or roof framing and specifications on the roof sheeting. A summary of his findings are included as Attachment G.
On May 28, 2025, the property owners submitted a request to expand their Reasonable Accommodation request to also include a request to exceed the maximum allowable lot coverage for the site (from 30 percent to 30.4 percent) to accommodate the as-built, non-conforming carport structure. The property owners’ basis for this request is to ensure the driver of the handicap van is also covered and out of the elements. A copy of their expanded request is included as Attachment F.
ANALYSIS
Staff’s analysis from the March 3, 2025 City Council hearing is included in the previous Staff Report as Attachment E. Below is a summary of supplemental information or clarifications provided in response to City Council’s feedback at the previous hearing.
A. Carport Dimensions and Application
As currently built, the carport structure is an irregular pentagon shape that measures approximately 32 feet wide (as measured from the face of the house to the farthest roof projection) and 25 feet deep (as measured along the roof surface). The carport is supported by five columns, also located in an irregular pentagon shape. The existing northeasternmost post is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required. Additionally, the structure adds 562 square feet of coverage to the property, resulting in a total lot coverage of 30.4 percent where a maximum of 30 percent is allowed by the underlying zoning.
(survey plan with carport roof dimensions)
The homeowners utilize an existing side entrance into the house, which is centrally located underneath the carport structure. The homeowners have requested protection from the natural elements for the parking area and path of travel to the house. Since the side entry door is slightly elevated above the grade of the adjacent parking space, the applicant has stated a need for a 3-foot-long ramp from the house to the paved parking area. The Americans with Disabilities Act (ADA) does not mandate parking standards for owner-occupied single-family residences. However, ADA does provide regulations for van accessible spaces, which include a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. Using these standards, the total necessary width of covered area for the ADA van parking area and accessibility ramp would be 20 feet. (view of carport from front) (view of side entry door with ramp) As previously mentioned, the existing carport structure is an irregular pentagon shape. The carport is 22 feet wide at the front, as measured from the house to the outside edge of the farthest front post.
(survey plan with carport front width dimensions)
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 northeasternmost 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.
(Planning Commission approved carport)
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 enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which would not fully cover the parking space and ramp.
As requested by the City Council on March 3, staff has provided a diagram below detailing the layout and dimensions of the necessary ramp, wheelchair circulation area, and ADA parking zone within the carport configuration approved by Planning Commission. The diagram illustrates that there is adequate space to accommodate these necessary factors, while providing covered parking for the entire vehicle, driver, and passenger. (Diagram illustrating ramp, wheelchair circulation area, and ADA parking zone within approved carport)
B. Site Circulation
The applicant has stated as part of their appeal that they cannot relocate the existing northeasternmost 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 northeasternmost point of the house and the adjacent retaining wall and fence along the northern most property line. Staff had analyzed the situation and noted for the Planning Commission that the post could be relocated to meet the setback requirement without limiting access to 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.
Since the previous City Council hearing, the applicants have expanded their Reasonable Accommodation to include a request to exceed lot coverage on site, in part due to the angle of the lot, which triggers the need for an extra wide space. Staff notes that the justification stated above also applies to the expanded request and that ample circulation space exists without the need for additional covered area.
C. Carport Materials and Construction
The carport is currently constructed with four 6-inch-by-6-inch steel support posts, and a fifth temporary support post at the southwest point. The carport roof is constructed with laminated wood framing. At a recent site visit, the City’s Chief Building Official, Geoff Simmons, noted that movement of the column in any direction would not be easy due to the method of original construction and installation (columns were reported to extend five feet into the earth and within a concrete encasement). Additionally, the applicant has noted that modifying the structure would be costly. However, Staff notes that the Applicant’s choice to utilize 6-inch steel posts extending five feet into the ground was not reviewed by the Building Division and is likely a more costly construction method, and more costly to modify. Had the applicant obtained City approval prior to construction, a more costeffective construction method could have been discussed and post-construction modifications would have been avoided.
D. Lot Coverage Exceedance Reasonable Accommodation Analysis The existing 13,400-square-foot property currently contains a single-family home, covered porch, and detached accessory structure, all totaling 3,510 square feet and resulting in 26.2- percent lot coverage, which complies with the 30-percent maximum for the zone.
As currently built, the carport structure adds 562 square feet of coverage to the site (as measured to the outside of the posts and excluding the eaves that project a maximum of 2.5 feet beyond the posts). This as-built structure yields a lot coverage of 30.4-percent for the site, which exceeds the 30-percent maximum for the zone.
The modified carport structure, as approved by the Planning Commission, would result in 446 square feet of additional coverage for the site (as measured to the outside face of the posts and excluding eaves that project a maximum of 2.5 feet beyond the posts), and a corresponding 29.5-percent lot coverage figure consistent with regulations.
Since the previous City Council hearing, the applicants have expanded their Reasonable Accommodation request to include an expanded lot coverage figure that accommodates the as-built carport. They have stated the additional lot coverage is necessary to ensure the driver of the handicap van is also covered and out of the elements, and to accommodate the angle of the lot, which triggers the need for an extra wide covering. Staff notes that the justification stated in the Analysis sections above also applies to this amended lot coverage request: adequate parking and circulation space are possible without need for an expanded roof area. The 20-foot-wide covered parking area accommodates both the driver and passenger demonstrating that coverage sought is possible consistent with the lot coverage maximum.
E. 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 disabled in accordance with the definition of a Disabled Person contained in Pleasant Hill Municipal Code Section 18.112.020.
1. 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, non-conforming carport structure to provide a disabled resident covered parking and a covered path of travel from the parking area to the side entrance of the house. The requested carport dimensions would be approximately 32 feet wide (at the widest point as measured from the face of the house to the eastern edge of the covered roof) and 24.6 feet deep, for a total of 562 square feet of coverage (as measured to the outside face of the posts and excluding eaves that project 2.5 feet or less beyond the posts).
The structure, as built, requires a Reasonable Accommodation from three development standards: 1) The northeasternmost 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; 2) the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required; and 3) the maximum allowable lot coverage onsite would be
30.4 percent, exceeding the 30-percent maximum.
The Americans with Disabilities Act (ADA) includes minimum regulations for van accessible spaces, which includes a 12-foot-wide parking space with a 5-footwide loading/unloading area, totaling 17 feet. The applicant has stated the 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. 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. Accordingly, the non-conforming northeasternmost 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 width 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. Similarly, the requested excess lot coverage is also not necessary to accommodate covered parking for both the driver and passenger of an ADA van.
Therefore, the requested accommodation for a carport width of 32 feet (at the widest point as measured from the face of the house to the eastern edge of the covered roof) is neither 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 were to be reduced to a width of 20 feet, 1 inch to satisfy the minimum side setback standard, the structure 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 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 and from the maximum 30-percent lot coverage 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, and the roof of the carport structure reduced and “squared-off,” complying with both the minimum side setback and the maximum 30-percent lot coverage development standards, 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). Additionally, per PHMC Section 18.50.020 (Building projections into yards and courts), the eave of the carport may encroach up to two and a half feet into the side setback provided the outside of the post meets the setback requirement.
This allowance would provide an extra two feet of coverage for the driver and passenger of the ADA van, above and beyond what was determined to be necessary.
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 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.
F. Public Comments
The City received a letter of support for the project from the adjacent neighbor at 140 Byron Court (Attachment L). No members of the public spoke at the March 3, 2025 City Council Hearing.
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. As proposed, the structure requires a Reasonable Accommodation from three development standards: 1) side setback - the northeasternmost 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; 2) aggregate setback - the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required; and 3) lot coverage - the maximum allowable lot coverage for the site would be 30.4-percent exceeding the 30-percent limitation for the site.
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 applicants have 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 (as measured from the house to the furthest front post) is, therefore, two feet wider than what is necessary to accommodate the needs of the disabled resident of the home.
Concluding that the non-conforming northeasternmost post could be relocated 1 foot, 1 inch away from the property line to comply with the 5-foot minimum setback, the Planning Commission could not support this portion of the request. The Commission did 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.
Since the previous City Council hearing, the applicants have expanded their Reasonable Accommodation request to include additional lot coverage on site. The applicants contend the expanded roof line ensures the driver of the handicap van is also covered and out of the elements, and accommodates the angle of the lot, which triggers the need for an extra wide covering. Staff notes that the Analysis above also applies to this expanded request and that ample parking and circulation space exists without the need for additional covered area.
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 expanded request to increase the allowable lot coverage on the site, and uphold the Planning Commission’s decision.
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.
ATTACHMENT(S)
A Proposed Resolution
B Project Summary
C Planning Commission Resolution No. 11-24
D Applicant Appeal
E Proposed Project Plans
F March 3, 2025 City Council Staff Report (no attachments) G Applicant’s Expanded Reasonable Accommodate Request
H Applicant’s Reasonable Accommodation Analysis
I Reasonable Accommodation Guidelines
J Site Photos
K Public Hearing Notice
L Public Comments
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager