B - June 16, 2025 City Council Staff Report (with attachments).pdf — Pleasant Hill City Council, August 4, 2025

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 Item 10.1
City Council Meeting Agenda - Page 37 of 230 - Monday, June 16, 2025 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 Item 10.1
City Council Meeting Agenda - Page 38 of 230 - Monday, June 16, 2025 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.

Item 10.1
City Council Meeting Agenda - Page 39 of 230 - Monday, June 16, 2025 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.

Item 10.1
City Council Meeting Agenda - Page 40 of 230 - Monday, June 16, 2025 (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 Item 10.1
City Council Meeting Agenda - Page 41 of 230 - Monday, June 16, 2025 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.

Item 10.1
City Council Meeting Agenda - Page 42 of 230 - Monday, June 16, 2025 (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.

Item 10.1
City Council Meeting Agenda - Page 43 of 230 - Monday, June 16, 2025 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
Item 10.1
City Council Meeting Agenda - Page 44 of 230 - Monday, June 16, 2025 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 Item 10.1
City Council Meeting Agenda - Page 45 of 230 - Monday, June 16, 2025 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 Item 10.1
City Council Meeting Agenda - Page 46 of 230 - Monday, June 16, 2025 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.

Item 10.1
City Council Meeting Agenda - Page 47 of 230 - Monday, June 16, 2025 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.

Item 10.1
City Council Meeting Agenda - Page 48 of 230 - Monday, June 16, 2025

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
Item 10.1
City Council Meeting Agenda - Page 49 of 230 - Monday, June 16, 2025 RESOLUTION NO. ____ -25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DENYING

THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION

TO APPROVE A PORTION OF A REASONABLE ACCOMMODATION REQUEST

FOR A REDUCTION IN THE MINIMUM AGGREGATE SIDE SETBACK REQUIREMENT

TO ACCOMMODATE AN ATTACHED CARPORT STRUCTURE FOR A PERSON WITH DISABLITIES AT 135 BYRON COURT
WHEREAS, the applicant, Jim and Julie Levesque (property owners), submitted a Reasonable Accommodation Request (ENT-2023-0058) to legalize a recently constructed, nonconforming, attached carport structure (constructed without permits), to serve as covered parking for a disabled resident at 135 Byron Court in an R-10 Single Family Residential – 10,000 square-foot lot zoning district; 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 June 11, 2024, 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, at the June 11, 2024 public hearing, the Planning Commission adopted Resolution No. 11-24 approving a portion of the Reasonable Accommodation request allowing a 12-foot, 9-inch aggregate side setback where a minimum of 15 feet is required. The carport was conditioned to be modified to comply with the minimum 5-foot side setback requirement; and WHEREAS, on June 26, 2024, the applicant/appellant, Jim and Juliana Levesque (property owner) filed a timely appeal of the Planning Commission decision; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on March 3, 2025, regarding an appeal of the Planning Commission’s decision on the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, at the March 3, 2025 public hearing, the City Council continued the item and requested that the City’s Chief Building Official evaluate the request and provide additional information on the feasibility of modifying the structure, and that additional information on the location and spacing of the ramp, wheelchair circulation area, and ADA van parking space within the existing covered carport be provided; and
Item 10.1
City Council Meeting Agenda - Page 50 of 230 - Monday, June 16, 2025 WHEREAS, on May 28, 2025, after the first City Council appeal hearing, 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; and WHEREAS, in accordance with Sections 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; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.112 of the Pleasant Hill Municipal Code, hereby denies the appeal and upholds the Planning Commission’s decision to approve a portion of the Reasonable Accommodation request, based upon the following findings, with the approval of a portion of the Reasonable Accommodation subject to Exhibit A:

Reasonable Accommodation Findings

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 to deviate from three development standards: 1) side setback - 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; 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 onsite would be 30.4 percent, exceeding the 30-percent maximum.

Item 10.1
City Council Meeting Agenda - Page 51 of 230 - Monday, June 16, 2025 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 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 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 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 desired covered ADA van parking and ramp access to the house. Related, the requested excess lot coverage is 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 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.

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; consequently, 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.

Item 10.1
City Council Meeting Agenda - Page 52 of 230 - Monday, June 16, 2025 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 singlefamily 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 eaves 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 stall, 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.

ADOPTED by the City Council, City of Pleasant Hill, on the 16th day of June, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
___________________________________
SUE NOACK, Mayor
_________________________________
LYONE P. CONNER, City Clerk
Item 10.1
City Council Meeting Agenda - Page 53 of 230 - Monday, June 16, 2025 Exhibit A

CITY COUNCIL

CONDITIONS OF APPROVAL

LEVESQUE REASONABLE ACCOMMODATION
ENT-2023-0058
The following conditions of approval were approved by the Pleasant Hill City Council.

Conditions of Approval

1. Project Description: Approval is based on and shall be in accord with the plans contained in the project file, except as they may be modified by these conditions of approval. The approved plans shall be dated “PC Approved June 11, 2024.” The approved Reasonable Accommodation will legalize a recently constructed non-conforming carport structure (constructed without permits), with minor modifications as outline below, to provide covered parking for a disabled person that resides at 135 Byron Court. The carport structure shall be modified as follows:
a. The width of the carport shall be reduced to 20 feet, 1 inch and the northeastern post shall be relocated 1 foot, 1 inch away from the property line to comply with the minimum 5-foot side yard setback requirement b. The roof of the structure shall be modified so that the eave extends a maximum of two feet into the side yard
c. The structure shall be painted to match the single-family home d. The existing roof structure shall be modified/reduced in area, as shown on the approved plans, to ensure compliance with the maximum 30-percent lot coverage requirement for the property.

2. Compliance Deadline: The existing unpermitted carport structure shall be modified to comply with this approval by September 16, 2025. The Zoning Administrator has the discretion to approve an extension to the compliance deadline if a valid reason that prevents completion is provided.

3. Limits of Approval: A modification approved under Pleasant Hill Municipal Code Chapter

18.112 is considered a personal accommodation for the individual applicant and does not run with the land.

4. Compliance Inspections: The city reserves the right to inspect the property periodically to verify compliance with this approval and any conditions of approval.

5. Deed Restriction: The property owner shall record a Deed Restriction with the County Recorder’s Office requiring removal of the accommodating feature once the need for it no longer exists.

6. Building Permits: The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in Item 10.1
City Council Meeting Agenda - Page 54 of 230 - Monday, June 16, 2025 the 2022 California Building Code, or any other newly adopted Building Code in place at the time of the building permit submittal. Lastly, all structures/additions previously constructed without a building permit (Contra Costa County or City of Pleasant Hill) shall be brought into compliance prior to issuance of a building permit for Reasonable Accommodation ENT-2023-0058.

7. Exterior Modifications: All proposed exterior materials, color, and finishes shall match existing single-family home.

8. Changes to Plans: A request for a change in the Reasonable Accommodation or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve that minor modification administratively, and that decision may be appealed to the Planning Commission. If the Zoning Administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Reasonable Accommodation.

9. Consistency of Plans: All construction plans, such as, but not limited to, the site plan, building elevations, landscaping and irrigation plans, grading plan, mechanical drawings, street improvement plans, and detailed drawings submitted to the Building Division for permits shall be coordinated for consistency by the applicant prior to issuance of any permits. Any change or modification to one particular plan shall require the corresponding revisions on all other applicable plans. The applicant shall be responsible for correcting any inconsistency that may occur through error or omission during plan preparation or construction.

10. Ordinance Compliance: Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code (zoning, subdivision, building codes, etc.), General Plan, and applicable policy plans.

11. Best Management Practices: The applicant shall implement construction best management practices, including the following, to reduce construction dust and noise:
a. Watering all exposed or disturbed soil surfaces, at least twice daily, as necessary to eliminate visible dust plumes. The frequency of watering should increase if wind speeds exceed 12 MPH;
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles of debris, soil, sand, or other materials;
c. Suspension of all earthmoving or other dust-producing activities or equipment during periods of high winds when watering cannot eliminate visible dust plumes; d. Apply water 3 times daily or apply (non-toxic) soil binders on all unpaved access roads parking areas and staging areas at construction sites; e. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites;
f. Sweep streets daily with water sweeper if visible soil material is carried onto adjacent public streets;
Item 10.1
City Council Meeting Agenda - Page 55 of 230 - Monday, June 16, 2025 g. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more). h. Limit traffic speeds on unpaved areas to 5 mph.
i. Avoidance of unnecessary idling of construction equipment. j. Continuous cleanup of mud and dust carried onto street surfaces by construction vehicles (throughout excavation activities, haul trucks shall use tarpaulins or other effective covers)
k. Upon completion of construction, contractors shall take measures to reduce wind erosion by replanting and repaving as soon as possible after project construction l. Locate stationary construction equipment as far from adjacent occupied buildings as possible.
m. Select routes for movement of construction related vehicles and equipment so that noise sensitive areas, including residences, and outdoor recreation areas, are avoided as much as possible. Include these routes in materials submitted to the City of Pleasant Hill for approval prior to the issuance of building permits. n. The property owner shall designate a noise disturbance coordinator who will be responsible for responding to complaints about noise during construction. The telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the Zoning Administrator. o. Additional best management practices may be required by the Building Division and/or City Engineer. All additional best management practices shall be reviewed and approved by the Building Division and/or City Engineer, prior to implementation.

12. Wildlife Survey: As required to comply with applicable laws and regulations, if site disturbance commences between February 1 and August 31, a pre-construction survey shall be conducted by a qualified wildlife biologist. If nests of either migratory birds or birds of prey are detected on or adjacent to the site, the applicant shall consult with the CDFW to determine the size of a suitable buffer in which no new site disturbance is permitted until August 31, or the qualified biologist determines that the young are foraging independently. If more than 15 days elapse between the survey and site disturbance, the survey shall be repeated.

13. Construction Hours: Grading and construction operations (if applicable) shall be limited to the hours of 7:30 a.m. to 7:00 p.m. Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00 a.m. to 6:00 p.m.; construction activity is prohibited on all Sundays and City holidays.

14. Construction and Demolition Debris: Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance (Chapter 14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.

15. Archaeological Evaluation: As required to comply with applicable laws and regulations, during all grading, trenching or excavation activities, a professional archaeologist shall be present to observe the work and should archeological materials be uncovered during Item 10.1
City Council Meeting Agenda - Page 56 of 230 - Monday, June 16, 2025 grading, trenching or excavation activities, all work shall be stopped until a professional archaeologist has had an opportunity to evaluate the significance of the material and develop appropriate measures. Recommendations made by the professional archeologist, as approved by the Planning Division, shall be implemented.

16. Compliance with Conditions: Prior to issuance of a building permit final (certificate of occupancy), the applicant shall submit to the Zoning Administrator an annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

17. Fees: The Applicant shall pay all applicable City fees as established by City Council resolution and City ordinances.

18. Time Limit: The Reasonable Accommodation will lapse one-year after the date of approval (June 16, 2026) unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Reasonable Accommodation is renewed by the hearing body that originally approved it (Planning Commission).

19. Outside Agencies: The owner/applicant shall comply with the applicable requirements of all other agencies having jurisdiction over this project. This shall include but not limited to the Contra County Fire Protection District, PG&E, Contra Costa County Health Services, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District, and Contra Costa Water District.

20. Federal, State, and Local Laws: Owner/applicant shall comply with all federal, state, and local laws. The issuance of this Reasonable Accommodation shall not constitute a waiver of the requirements of any federal, state, or local law.

21. Indemnification & Hold Harmless: The applicant, its heirs, successors, and assigns shall, at its sole cost and expense, indemnify, defend with counsel selected by the City of Pleasant Hill, protect, release, and hold harmless the City and any agency or instrumentality thereof, including any of its commissions, boards, agents, officers, or employees (“indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void or annul the approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

Item 10.1
City Council Meeting Agenda - Page 57 of 230 - Monday, June 16, 2025 Levesque Reasonable Accommodation Summary
135 Byron Court, ENT-2023-0058
Timeline/Activity:
 October/November 2023: An unpermitted carport structure was built and brought to the City’s attention.
a. Construction was not fully complete; however, the entire structure and roof was built.

Property owners were notified that they needed to obtain City approvals.  Between November 2023 and June 2024, Application filed. Subsequently, Staff visited the site multiple times and worked with the application to obtain all required plans and information to process the request.
a. Applicant initially agreed they would modify the structure’s roof to “square off” the overhang and comply with lot coverage requirements.
 June 11, 2024: The Planning Commission approved a portion of the Reasonable Accommodation request to legalize nonpermitted carport structure, reducing the aggregate side yard setback, and denying the request to reduce the minimum 5-foot side setback, conditioning the structure be modified to ensure compliance with the minimum side setback requirement.
 June 26, 2024: Applicant filed an appeal of the Planning Commission’s decision.  March 3, 2025: City Council reviewed the appeal and continued the item, requesting additional information.
 March 12, 2025: Chief Building Official and Senior Planner visited the site to review the structure’s construction methods, potential modifications, and confirm dimensions per Council’s request.
 May 28, 2025: The property owners submitted a request to expand their Reasonable Accommodation request to exceed the maximum allowable lot coverage for the site from 30 percent to 30.4 percent to accommodate the non-conforming as-built carport structure.

Project Details:
 Reasonable Accommodation request (three development standards):
a. For a reduced side setback along the northeastern most portion of the carport, including the support column, which is located 3 feet, 11 inches from the interior side property line, where a minimum five-foot setback is required; b. For an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required;
Item 10.1
City Council Meeting Agenda - Page 58 of 230 - Monday, June 16, 2025 c. To exceed the maximum allowable lot coverage for the site of 30% to 30.4% (excess of 52 square feet).
 Carport Design:
a. Carport structure built in an irregular shape that measures approximately 32 feet wide (as measured from the face of the house to the furthest roof projection) and 25 feet deep (as measured from the roof surface).
b. Carport structure was constructed with four 6-inch-by-6-inch steel support posts (and an additional fifth temporary post at the southwest corner), wood framing, open sides, and a pitched roof.
c. Applicant chosen materials (steel posts extending 5 feet into concrete encasements, welded beam support brackets, and laminated wood cross beams) and design choice resulted in a more costly option that requires formal engineer signature and is more expensive to modify.

Summary of Planning Commission’s Decision:
 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 minimum required space to accommodate the needs of the disabled resident is 20 feet, as noted below:
a. 12-foot-wide parking space
b. 5-foot-wide loading/unloading area
c. 3-foot-long ramp from the house to the paved parking area The existing carport structure’s width of 22 feet is two feet wider than the 20 feet noted above, which indicates there is adequate space to maintain the five-foot setback.  The Planning Commission concluded:
a. The non-conforming northeastern most post could be relocated 1 foot, 1 inch away from the property line to comply with the five-foot setback b. The Commission made the required findings to support the second request to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches. c. The Commission did not make a decision on the Lot Coverage exceedance since it was not requested at that time.
i. Staff recommends denial of this new request, as it is not necessary to accommodate the disabled person and the project maintains adequate weather protection without the requested lot coverage exceeding the 30% cap.

City Council Action
On March 12, 2025, the Building Official concluded that modifications could be made to the structure, however, due to the applicant’s choice of materials (i.e. steel), an engineer’s drawings Item 10.1
City Council Meeting Agenda - Page 59 of 230 - Monday, June 16, 2025 will be required to be submitted to obtain a Building Permit for the original structure as well as any modifications.

Item 10.1
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City Council Meeting Agenda - Page 72 of 230 - Monday, June 16, 2025 LOT 137 PLEASANT VIEW HOMES UNIT 2 33 M 3 LOT 136 PLEASANT VIEW HOMES UNIT 2 33 M 3 LOT 135 PLEASANT VIEW HOMES UNIT 2 33 M 3 135 BYRON CT.

APN 149-195-011
N62° 38' 10"E 123.50'

8.07' P/L TO HOUSE CORNER

9.79'

P/L TO HOUSE CORNER
P/L
P/L P/L N86° 42' 10"E 124.99' CARPORT
N3° 17' 50"W

80.00' N8° 36' 30"E 107.41' BYRON CT. 1.26 3.09 (E) FENCE (E) FENCE SCALE:1"=20' CUNHA SURVEYING INC. SURVEYOR'S NOTE: THIS PLAT CORRECTLY REPRESENTS A FIELD SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, ON MARCH 12, 2024, IN CONFORMANCE WITH THE REQUIREMENTS IN SECTIONS 8726(f) AND 8726(g) OF THE LAND SURVEYOR'S ACT. ______________________________________ SCOTT V. CUNHA, PLS BPELSG CERTIFICATE No. L 8525 DATE OF PLAT: MARCH 16, 2024 Item 10.1
City Council Meeting Agenda - Page 73 of 230 - Monday, June 16, 2025 Item 10.1
City Council Meeting Agenda - Page 74 of 230 - Monday, June 16, 2025

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, non-conforming 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 Item 10.1
City Council Meeting Agenda - Page 75 of 230 - Monday, June 16, 2025 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, Item 10.1
City Council Meeting Agenda - Page 76 of 230 - Monday, June 16, 2025 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 Item 10.1
City Council Meeting Agenda - Page 77 of 230 - Monday, June 16, 2025 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.

Item 10.1
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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 Item 10.1
City Council Meeting Agenda - Page 79 of 230 - Monday, June 16, 2025 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;
Item 10.1
City Council Meeting Agenda - Page 80 of 230 - Monday, June 16, 2025 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 dimensionsfor 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 Item 10.1
City Council Meeting Agenda - Page 81 of 230 - Monday, June 16, 2025 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.

FICAL IMPACT
None.

RECOMMENDED CITY COUNCIL ACTION
Adopt the Resolution to deny the appeal and uphold the Planning Commission’s decision, without prejudice.

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
Item 10.1
City Council Meeting Agenda - Page 82 of 230 - Monday, June 16, 2025 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
Item 10.1
City Council Meeting Agenda - Page 83 of 230 - Monday, June 16, 2025 From: Haley Croffoot
To: Haley Croffoot
Subject: Levesque City Council Appeal Hearing
Date: Monday, June 9, 2025 12:17:53 PM
From: Juliana Levesque <[email protected]>
Sent: Wednesday, May 28, 2025 6:25 AM
To: Haley Croffoot <[email protected]>
Subject: Re: Levesque City Council Appeal Hearing
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Hi Haley,
Below I have written out our reason for leaving the roof line the same.

Is this what you were asking for:

We are requesting to be able to leave the existing roof structure on our carport in its current form which exceeds our lot coverage requirement for the following reasons:

In order to allow the driver of the handicap van to also be covered and out of the elements.

Due to the angle of our lot and the size of the van and its ramps, we need an xtra wide space.

Thank you,
Juliana
Sent from my iPad
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City Council Meeting Agenda - Page 89 of 230 - Monday, June 16, 2025 Levesque Reasonable Accommodation
135 Byron Court
Reasonable Accommodation Guidelines
The following guidelines are for consideration by the Planning Commission when reviewing reasonable accommodation requests. When a request for reasonable accommodation is considered that would result in an encroachment into setbacks (mainly front and side yard), exceedance of allowed building heights, or exceedance of allowed lot coverage or floor area ratio, the following factors should be considered:

1. Consider the feasibility of conversions of garages and/or basements to accommodate the need for additional floor space rather than expansion of the building footprint or building height.

Staff Analysis: The property owners previously received a reasonable accommodation request to convert the 360 square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home, therefore the existing floor plan does not contain a garage.

2. Consider the feasibility of reconfiguration of the existing floor plan to accommodate specific needs.

Staff Analysis: The applicant is seeking covered parking and path of travel to the house for a disabled person that resides in the home. This cannot be accommodated within the existing floor plan. Additionally, the property owners previously received a reasonable accommodation request to convert the 360 square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home, therefore the existing floor plan does not contain a garage.

3. Consider the feasibility of an addition that would result in a lot coverage exceedance before considering an addition that would increase building height or result in a building height exceedance.

Staff Analysis: The unpermitted, approximately 506 square-foot, carport structure complies with the maximum 30-perfect lot coverage requirement (29.9-percent proposed), as well as the 35-foot height limit (13 feet, 6 inches proposed).

4. Consider alternative designs and methods of accommodation to minimize the potential effects on privacy and solar access for surrounding properties if a building height or setback exceedance is proposed.

Staff Analysis: The unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still require a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced effects on privacy and solar access due to its proximity to surrounding properties.

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5. Consider the feasibility of locating an accommodation involving a side yard setback encroachment on the side of the property that has the larger setback or where the adjacent property structure is setback furthest from the subject structure.

Staff Analysis: The unpermitted carport structure is located on the side yard containing the larger setback area, which also contains the existing driveway for access. However, the structure could be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The structure was built without City review and permitting, thus, no opportunity to review compliance was considered prior to construction.

6. Consider the feasibility of allowing an accommodation to encroach into a rear yard setback, before considering a side or front yard setback encroachment.

Staff Analysis: The unpermitted carport structure currently encroaches into the side yard setback.

The applicant is seeking covered parking and path of travel to the house for a disabled person that resides in the home, therefore, the carport must be located adjacent to the side entry to the home and requires vehicle access through the existing driveway. Additionally, the existing rear yard is fully landscaped and contains a pool.

7. Review proposed additions/expansions/structures to ensure that they have adequate exterior articulation and architectural interest and are in substantial conformance with the City's Design Guidelines.

Staff Analysis: 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 and compliance with the Design Guidelines.

8. Review expansions to ensure that privacy of adjacent properties is protected where feasible (such as window types, locations, placement of exterior elements, location of walkways, etc.).

Staff Analysis: The existing/proposed carport is not a building addition/expansion and does not contain solid walls. No changes to the existing driveway, doors, or windows are proposed.

Other general guidelines:

1. Consider decorative pavement or, decomposed granite, rather than standard paving materials for necessary walkways.

Staff Analysis: No changes to the existing driveway or pathways are proposed. The existing first 60 feet (approximately) of the driveway and pathway to the front door are constructed out of decorative pavers.

2. Consider using decorative building materials and high quality design for any reasonable accommodation that results in structure modifications.

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Staff Analysis: The existing/proposed carport structure is built using high quality, durable materials including four 6-foot by 6-foot steel support posts and wood framing.

3. Consider neighborhood impacts if the request involves a parking accommodation (consider on-street parking impacts).

Staff Analysis: The existing/proposed carport structure will provide covered parking over an existing paved area already used for off-street parking. The project will have no impact on on-street parking.

4. Minimize impacts to the neighborhood to the greatest extent possible, while considering the individual needs of the accommodation request.

Staff Analysis: The unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still requires a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced impacts to surrounding properties. 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.

5. Determine if the proposed accommodation can feasibly be removed when the occupant requesting the accommodation no longer resides on the property. If removal is feasible, the reasonable accommodation may be conditioned to be removed in the future and an appropriate method of ensuring the property owner's responsibility for removal can be included in conditions of approval and/or a deed restriction.

Staff Analysis: The existing/proposed carport structure can feasibly be removed since it has no structural bearing on the primary structure.

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CITY OF PLEASANT HILL
NOTICE
OF

PUBLIC HEARING

CITY COUNCIL
APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE THE LEVESQUE REASONABLE ACCOMMODATION (ENT-2023-0058)
135 BYRON COURT
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will conduct a public hearing to consider an appeal, submitted by Jim and Juliana Levesque (property owners), of the Planning Commission’s decision to approve a Reasonable Accommodate request (ENT-2023-0058) to legalize a recently constructed carport structure (constructed without permits),to serve as covered parking for a disabled person that resides at 135 Byron Court. The Planning Commission approved a reasonable accommodation allowing the carport structure to encroach into the required 15-foot aggregate side setback, but required the property owners to reduce the width of the nonpermitted carport structure to comply with the minimum 5-foot side setback requirement and reduce the roof area of the structure to comply with the maximum 30-percent lot coverage requirement. The applicant filed a timely appeal of the Planning Commission’s decision and is requesting the carport be allowed to encroach into the 5-foot side setback area as currently built. The 0.31-acre project site is zoned Single Family R10. Assessor Parcel No. 149-195-011 This item was continued by the City Council at the March 3, 2025 meeting. Since then, the applicant has expanded their Reasonable Accommodation request to also exceed the maximum allowable lot coverage for the site from 30-percent to 30.4-percent to accommodate the non-conforming carport structure as-built.

Pursuant to Section 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) the 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.

A PUBLIC HEARING will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, JUNE 16, 2025, in the City Council Chambers, 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at this time.

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.

For information, contact Haley Croffoot, Senior Planner at (925) 671-5297 or e-mail at [email protected]
Troy Fujimoto
Zoning Administrator
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Pleasant Hill City CouncilAugust 4, 2025

Pleasant Hill City Council
August 4, 2025