CITY COUNCIL STAFF REPORT
Meeting Date: August 4, 2025Click or tap here to enter text.
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: Adopt Resolution No. __-25 Upholding a Portion of the Planning Commission’s Decision, and Overturning a Portion of 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.
On June 16, 2025, the City Council directed Staff to amend the proposed resolution to include findings supporting the Reasonable Accommodation request to reduce the minimum 5-foot required setback to 3 –feet, 11 inches to accommodate the as-built carport posts and to condition the project to comply with the required lot coverage requirements.
Staff has updated the proposed resolution (Attachment A) to include findings supporting the Reasonable Accommodation to reduce the minimum 5-foot side setback, noting that the disabled resident requires access to the carport and that the existing narrow access from the street to the carport impacts the required circulation. The Staff Report and attachments from the June 16, 2025, City Council hearing are included as Attachment B for reference.
BACKGROUND/SUMMARY
On June 11, 2024, 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.
On June 26, 2024, 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.
On May 28, 2025, the applicants 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.
The City Council reviewed the appeal on March 3, 2025, and June 16, 2025, and determined that a Reasonable Accommodation for a reduced side yard setback and aggregate setback could be supported due to the existing narrow access from the street to the carport. However, the Council could not make the finding for the lot coverage exceedance and conditioned it to comply with the lot coverage requirements.
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 uphold a portion of the Planning Commission’s decision on a Reasonable Accommodation Request by approving a reduction in the minimum aggregate side setback requirement and overturn a portion of the Planning Commission’s decision by approving a reduction in the minimum side setback, to accommodate an existing attached carport structure.
ALTERNATIVES TO RECOMMENDED ACTION
1. Continue the item to a later date with direction provided to Staff.
2. 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 June 16, 2025 City Council Staff Report (with attachments) C Public Hearing Notice
D Public Comments
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager