The proposed project involves a request to construct a two-story, single-family home on a substandard lot measuring 6,192 square feet (the minimum lot size for this area is 7,200 square feet).  The proposed new home will consist of four bedrooms and an attached two-car garage with a total floor area of 2,555 square feet.  The property is located along a gated private roadway (Hidden Lane) accessible via North Euclid Street.  The General Plan Land Use Designation for the property is Low Density Residential.  The property is zoned One Family Dwelling (R-1b) which is consistent with the General Plan.
The subject parcel (APN 017-271-21) is triangular and the only parcel within the neighborhood which remains vacant.  It is also the smallest lot in the neighborhood.  Upon review of a title report, the property contains three easements along the front property line (southerly) and two easements along the rear property line (northerly) for road and public utility purposes.  The front property line extends into the middle of the 20-foot wide private roadway (Hidden Lane).  Public records indicate that the subject property was acquired by Blash Momeny in 2013.

When the item was presented to the Planning Commission for consideration (Attachment 5), staff recommended approval of both Zone Variance 21-01 and Zone Variance 20-01 based upon the extraordinary circumstances related to the subject property.  The subject lot was created in 1955 while under the jurisdiction of the County of Orange.  Hidden Lane was annexed into the City in 1980, at which point compliance with City's Zoning Code was triggered, specifically, the development standards for the R-1b One Family Dwelling zone.  The R-1b zone requires a minimum lot area of 7,200 square feet.  However, the subject 6,192 square foot lot is pre-existing and cannot be modified which creates an exceptional circumstance that does not generally apply to other properties in the same zone.  Additionally, the subject lot's irregular shape, configuration and the location and number of recorded easements were also identified as unique circumstances.  Letters in opposition to the project provided by the residents in the neighborhood were presented to the Planning Commission.  The letters expressed concerns regarding the loss of privacy, street parking, onsite circulation, traffic impacts, emergency vehicle access, water pressure, septic system, easements, property values and architectural inconsistency among other concerns. Mr. Momeny filed two Zone Variance applications based on the subject property's size, shape and configuration.  The first is Zone Variance 21-01 to reduce the minimum lot area from 7,200 square feet to 6,192 square feet and the second Zone Variance 20-01 to reduce the rear yard setback requirement from 25 feet to 6 feet for the construction of the two-story, single-family home.

On March 8, 2021, the Planning Commission considered the proposed project by Mr. Momeny.  After conducting a public hearing and receiving testimony for and against the project, a motion was made to approve Zone Variance 20-01 to reduce the rear yard setback, but it did not pass and was denied by a 2-3 vote.  A second motion was made to approve Zone Variance 21-01 to reduce the minimum lot size, which was approved by the Commission by a 4-1 vote.  Both the property owner (in support of the project) and the residents on that street (in opposition to the project) have appealed the Planning Commission's actions.

An appeal was filed by the residents of Hidden Lane, represented by Richard E. Carver and Jenifer Paraska, on March 16, 2021.  The appeal relates to the Planning Commission that approved Zone Variance 21-01 to reduce the minimum lot size from 7,200 square feet to 6,192 square feet for the construction of a single-family home at 161 West Hidden Lane.  The appeal is based on the various concerns identified in the letters of opposition provided by residents of Hidden Lane.  There are 12 letters/emails submitted in opposition from residents of Hidden Lane including Olinda Avenue and La Serna Drive.  There are letters which have property owner signatures of 11 out of the 13 lots of Hidden Lane, all in opposition to the project. Hidden Lane contains 13 lots. The concerns raised by the residents included: loss of privacy, street parking, onsite circulation and turnaround area, traffic impacts, emergency vehicle access, water pressure, septic system, easements, unstable hillside, property values and architectural inconsistency including size and scale, among other concerns.

A second appeal was filed by Mr. Momeny on March 23, 2021. The appeal relates to the action of the Planning Commission that denied Zone Variance 20-01 to reduce the rear yard setback requirement from 25 feet to 6 feet, for a single-family home at 161 West Hidden Lane.  The appeal is based on Mr. Momeny's perspective that the “Planning Commission was presented with a detailed staff report that set forth legal basis for a recommendation of approval for the rear yard setback.”  In addition, “members of the public expressed their comments in opposition to the construction of a single-family house in a single-family zone” and “their statements were subjective in nature and did not provide any evidence or nexus to the findings needed.”  Mr. Momeny indicates that the Planning Commission made a statement “that the requested rear yard setback approval will be injurious to the neighbors," adding that Planning Commission's decision was “short of considering special circumstances that existed in this case" and that the "existing shape of the lot was the legally needed finding.”  Mr. Momeny concludes that the denial of the Zone Variance was “unfair and surprising, if not illegal.”

As of April 12, 2021, additional letters/emails addressed to the Mayor and Council members from Mr. Richard Carver and Mr. Tom Minnich have been received in opposition to the Hidden Lane project. A letter, dated April 13, 2021, was also received from Richard S. Price, II attorney at law representing Richard E. Carver, Jennifer Paraska and the other residents of Hidden Lane (see attachment 9). The letter references that during the Planning Commission meeting, La Habra residents who were opposed to the project where not given the opportunity to speak. In addition, the letter notes that the Planning Commission's approval of the variance to reduce the lot area is “materially detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the property is located and negatively impacts all of the residents of West Hidden Lane.”  The letter also mentions that the requested variances do not meet the land use polices set forth in the City's General Plan and that the variances will cause loss of privacy for adjacent residents and that the reduced rear yard setback is "inconsistent with the semi-rural nature of the neighborhood.” Also, that the requested variance for the lot size should be denied, "allowing a large house on an undersized lot that is completely out of character for the neighborhood compromises the neighbors quality of life and expectation that the City will comply with its own General Plan.” The April 13, 2021, letter also raises concerns regarding due process as “several people who opposed these applications were not given an opportunity to be heard.” The emails and letters received in opposition have been included as an attachment to the staff report.

Keith F. Collins, Assistant City Attorney reviewed and responded to Mr Price's letter (see attachment 10). Mr Collins provided arguments against the allegations made in Mr. Prices's letter and notes that the “Planning Commission was within its discretion to come to the conclusions reached." He also addressed the due process issues raised. He noted that the “Planning Commission Chair allowed each member of the public who indicated a willingness to speak the opportunity to do so during the public hearing portion of the meeting, and was under no obligation to reopen the public hearing during deliberations."

Pursuant to La Habra Municipal Code (LHMC) Section 18.76.010, when practical difficulties, unnecessary hardship or results inconsistent with the general purpose of the Zoning Code occur by reason of a strict interpretation of any of the provisions of the Code, the Planning Commission upon the verified application of any interested person shall, in specific cases, initiate proceedings for the granting of a variance from the provisions of the Zoning Code under such conditions as may be deemed necessary to assure that the spirit and purposes of the Code will be observed, public safety and welfare secured, and substantial justice done. In order to grant a variance, the following findings must be made in accordance with LHMC Section 18.76.030:

1.That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity.
2.That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located.
3.That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity.
4.That the granting of such variance will not adversely affect the comprehensive general plan.

There are extraordinary circumstances as they relate to the subject property and the requested two Zone Variance applications. Based on the title report records, the subject lot was created in 1955 while under the jurisdiction of the County of Orange. Once Hidden Lane was annexed into the City in 1980, the properties became subject to the City's Zoning Code requirements, specifically the development standards for the R-1b zone. The R-1b zone requires a minimum lot area of 7,200 square feet. However, the subject 6,192 square foot parcel cannot be enlarged due to existing improvements surrounding the property. In addition, the property is unique as the entire lot frontage is located along a private roadway. Hidden Lane is 20 feet wide and is not City owned or maintained by the City, rather it is a private roadway utilized for ingress and egress and maintained by the property owners. It should be noted that upon staff's research of the neighborhood, Hidden Lane does not have a sanctioned Homeowners Association or recorded Covenants, Conditions and Restrictions. Within LHMC Section 18.24.040.E Area Requirements, the Zoning Code provides additional guidance related to the minimum lot area requirements for single-family zoned properties: “Except any lot with less area than herein required and was recorded prior to the passage of this section may be developed with a single-family dwelling unit and any accessory use permitted by this title.” The Zoning Code's intent is to permit the development of single-family homes located within R-1a, R-1b and R-1c zoned parcels, where said parcels are substandard, by right or without a discretionary action. In order to qualify, a parcel or lot needs to have been created prior to 1954, as the City of La Habra's first Land Use Ordinance was adopted in February 1954 via Ordinance 195, which established the minimum lot area requirements. Since the subject parcel was created in 1955 while under the County's jurisdiction, the subject parcel does not qualify for the exemption and thus, a Zone Variance is required to address the development of a single-family home on a substandard 6,192 square foot lot. The subject lot is the smallest in terms of lot size/area when compared to the other properties along Hidden Lane.
The subject lot was created while under the County's jurisdiction. The lot size is pre-existing and cannot be modified which creates an exceptional circumstance that does not generally apply to other properties in the same zone. In addition to compliance with the minimum lot area requirement, the development of a single-family home on a vacant lot, must also comply with all the applicable R-1b development standards including building setbacks, open space requirements and off-street parking requirements. The LHMC Section 18.24.040.B.1 requires a front building setback of 25 feet or 25 percent of the depth of the lot, whichever is less. For this case, the subject property's depth measures 43 feet along the westerly property line and 69 feet along the easterly property line. Utilizing the strictest approach, the property's depth of 69 feet, and applying the 25 percent requirement, yields a 17-foot front yard setback. The proposed single-family home is setback 20 feet from the front property line (measured from the middle of Hidden Lane) and setback 10-13 feet from the northerly edge of Hidden Lane. The attached two-car garage is setback 30 feet from the front property line (measured from the middle of Hidden Lane) and setback 20 feet from the northerly edge of Hidden Lane.

The R-1b zone requires a 25-foot rear yard setback for a new single-family dwelling. However, based on the subject property's lot configuration and irregular shape, the proposed two-story, single-family home will only be setback 6 feet (measured from the rear property line to roof eave) and 7 feet, 6 inches from the rear property line to the new structure. A Zone Variance was requested to reduce the rear yard setback from 25 feet to 6 feet. As previously mentioned, there are two recorded easements located along the northerly property line that affect the rear yard setback (3-foot wide telephone/utility easement and a 6-foot wide Edison easement). The proposed two-story structure including the roof eaves will not overhang into the two easements.

The combination of the subject property's depth which varies between 43 feet along the westerly property line and 69 feet wide along the easterly property line and the property's triangular shape along with the location of the recorded easements cause a unique situation. There are two recorded easements along the southerly property line, that include the 20-foot wide private roadway easement and a 10-foot wide road and utility easement that eliminates 28 to 46 percent of the property's depth causing a hardship. The proposed single-family home must also be constructed beyond the easements and along the widest area of the triangular shaped lot. The subject property's topography has also been taken into consideration as the properties located to the north of the subject lot, which have street frontage and access along Olinda Avenue, are constructed at a much higher grade/elevation than the properties along Hidden Lane. In addition, the nearest residential structure is located approximately 69 to 91 feet away from the subject lot's northerly property line.

The La Habra General Plan 2035 encourages housing maintenance and conservation. Policy H 2.1 Maintain Residential Character, requires the City to "maintain single family residential areas in order to maintain the City's existing residential character by fostering improvements of homes and neighborhoods through implementation or maintenance, rehabilitation, and replacement actions." The project meets that policy and will therefore not adversely affect the comprehensive general plan.

The Applicant has designed the proposed two-story, single-family home to comply with the required side yard setbacks, it also provides the required open space and will have a two-car garage with sufficient area along the front of the garage to maintain a vehicle onsite and not obstruct the main private roadway. The structure while two-stories (21 feet high) is within acceptable limits as the Zoning Code imposes a height limit of 35 feet. The Applicant will be responsible to comply with all current construction codes and obtain all the necessary permits and approvals from all applicable agencies. This includes the California Regional Water Quality Control Board (CRWQCB) Santa Ana Region for the installation of a Wastewater Treatment System. It does not appear that the property is located within 200 feet of an existing public sewer, therefore, the Applicant will need to coordinate with the CRWQCB to access and approve a Wastewater Treatment System or septic system on the property.The Applicant has also contacted the Los Angeles County Fire Department and has obtained an approved site plan for fire hydrant location and access. The Applicant will still be required to comply with the required fire flow. It should be noted that the project plans do identify that the new two-story home will have fire sprinklers.

The first appeal was filed by residents in that neighborhood regarding Zone Variance 21-01, citing the loss of privacy, street parking issues, onsite circulation, turnaround area, traffic impacts, emergency vehicle access, water pressure, septic system, easements, unstable hillside, property values and architectural inconsistency including size and scale, among other concerns. Any dwelling that is built on this site would be required to comply with all health, safety and building codes with regards to water pressure requirements, septic systems, easements, stability of the hillside and emergency vehicle access (while this may not be optimal, it has been reviewed by LA County Fire and they have tentatively approved the proposed construction). Other concerns raised are more subjective, such as; loss of privacy, property values.

While this lot may be small for this neighborhood, it is only 15% smaller that the minimum size lot in the R1b zone. As a comparison to the other single-family zones in the City, the R-1a zone requires a minimum lot area of 10,000 square feet and the R-1c requires a minimum lot area of 5,500 square feet. If the properties on Hidden Lane were zoned R-1c One Family Dwelling, the subject 6,192 square foot lot would be in compliance. Also, if the layout of a new single-family home was designed to be in compliance with all of the R-1 development standards, the project would be permitted by right and processed administratively and public notification would not be required.

The La Habra Municipal Code (LHMC) provides an exemption related to the minimum lot area requirement for all single-family zones. LHMC Section 18.24.040.E Area Requirements, states: "Except any lot with less area than herein required and was recorded prior to the passage of this section may be developed with a single-family dwelling unit and any accessory use permitted by this title.” The Zoning Code's intent is to permit the development of a single-family home within an R-1a, R-1b, and R-1c zoned parcel, where said parcels are substandard, by right or without a discretionary action. The City of La Habra's first Land Use Ordinance which established the minimum lot area requirements was adopted in February 1954 via Ordinance 195. Therefore, to qualify for the exemption a parcel or lot would have needed to be created prior to the adoption of the City's Land Use Ordinance, or prior to 1954. Unfortunately, the subject lot was created in 1955 while under the County's jurisdiction. Not approving this variance would deprive the property owner of the use of his property and rights that have been given to other property owners with similar size lots throughout the City.

Staff is recommending that the City Council uphold the Planning Commission's decision and approve Zone Variance 21-01 to reduce the minimum lot area from 7,200 square feet to 6,102 square feet, based on extraordinary circumstances related to the property and the right of the property owner to develop his property.

A second appeal was filed by Mr. Momeny, property owner of 161 West Hidden Lane, for Zone Variance 20-01, on March 23, 2021. Zone Variance 20-01 requested to reduce the rear yard setback requirement from 25 feet to 6 feet. Mr. Momeny's perspective is that the “Planning Commission was presented with a detailed staff report that set forth legal basis for a recommendation of approval for the rear yard setback.” In addition, “members of the public expressed their comments in opposition to the construction of a single-family house in a single-family zone” and “their statements were subjective in nature and did not provide any evidence or nexus to the findings needed.” Mr. Momeny indicates that the Planning Commission made a statement “that the requested rear yard setback approval will be injurious to the neighbors.” He adds that the Planning Commission's decision was “short of considering special circumstances that existed in this case" and that the "existing shape of the lot was the legally needed finding.” Mr. Momeny concludes that the denial of the Zone Variance was “unfair and surprising, if not illegal.”

The proposed two-story, single-family home was designed with a 6-foot rear yard setback, measured from the rear property line to the roof eave, and 7 feet, 6 inches measured from the rear property line to the proposed dwelling unit. The findings for Zone Variance 20-01 to reduce the rear yard setback included the subject lot's configuration and irregular shape. The property contains two recorded easements located along the rear property line (northerly property line). There is a 3-foot wide telephone/utility easement and a 6-foot wide Edison easement. The proposed two-story home including its roof eaves were designed to not overhang into the easements.  The subject lot is triangular in shape as the lot's depth varies between 43 feet along the westerly property line and 69 feet along the easterly property line.  There are two recorded easements along the front property line (southerly property line) that include a 20-foot wide private roadway easement and a 10-foot wide road and utility easement. The easements eliminate 28 to 46 percent of the property's depth. The proposed two-story, single-family home must be constructed beyond the easements and along the widest area of the triangular shaped lot. The subject property's topography was also taken into consideration as the properties located to the north, have street frontage and access along Olinda Avenue and are constructed at a much higher grade/elevation than the properties along Hidden Lane. The nearest residential dwelling unit is located approximately 69 to 91 feet away from the subject lot's northerly property line.The La Habra Municipal Code allows residential room additions to existing single-family homes to encroach a maximum of 15 feet into the rear yard setback providing for a 10-foot rear yard setback (LHMC Section 18.24.040.D.7). While the proposed project is not classified as an addition, the Zoning Code does allow encroachment into the 25-foot rear yard setback as an administrative action.
While staff identified sufficient hardships to recommend approval of the variance, the Commission believed that other design alternatives might be available, which would preclude the need for the variance and; therefore, denied the request.  Further analysis shows that conceptually, a single-family home that is smaller than the one currently proposed could comply with the R-1b development standards.  A building footprint, triangular in shape, measuring approximately 23 feet wide by 101 feet in length, providing approximately 1,236 square feet of buildable area is available. However, due to the shape of the property there would still be design issues that would produce an actual building pad that would likely be smaller, which may or may not create a hardship. 

Staff is recommending that the City Council uphold the Planning Commission's decision and deny Zone Variance 20-01 to reduce the rear yard setback from 25 feet to 6 feet.

The Planning Commission considered the item during its meeting held via Zoom on March 8, 2021, with all Commissioners present.  After staff's presentation, the Commission inquired about fence heights and requirements from the LA County Fire Department regarding access and fire flow and trash truck access.  The project included a copy of a site plan approved by LA County Fire Department for access and included their required fire flow requirements.  Staff indicated that the project would have to comply with LA County Fire requirements before permits can be issued.  The Commission also asked about a septic system.  Staff responded by indicating that the project included a condition that required the Applicant to obtain approval for a septic system prior to the issuance of any permits.  The Commission also asked about the recorded easements and lot coverage percentage.

During the public hearing, Staff identified the various emails that were received from the residents of Hidden Lane in opposition to the project. The emails expressed concerns that the lot was too small for development and that the proposed home was inappropriate for the neighborhood. The emails cited concerns regarding loss of easement rights, fire access, water pressure, traffic safety and parking limitations.

The Applicant, Blash Momeny, expressed his excitement for the development of his property. Max Ahmadi, Mr. Momeny's consultant addressed the Commission and answered some of their questions and provided details related to the conversations with LA County Fire.

Hidden Lane property owners spoke in opposition to the project. Speakers included: Ray Fernandez, Richard Carver, Tom Minnich, and Mike Paraska. Emails received in opposition to the project were also presented to the Commission.

Mr. Max Ahmadi provided a response to the concerns identified by the neighborhood.

After further discussion among the Commissioners and after considering the information in the staff report, the findings in the resolutions, staff's presentation, the correspondence from the neighborhood and the public testimony, the Planning Commission adopted a resolution denying Zone Variance 20-01 by a 2-3 vote. The Planning Commission also adopted a resolution approving Zone Variance 21-01 by a 4-1 vote.

The property is designated Low Density Residential which is characterized by single-family residential development in a semi-rural setting.  The development of a single-family dwelling unit on a vacant lot which complies with all development standards is compatible.  However, the proposed project with a reduced rear yard setback was found to be incompatible with the surrounding area.