This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15303, Class 3 (e): "New Construction or Conversion of Small Structures" of the California Environmental Quality Act Guidelines. 

The Applicant, Sara and Juan Ramon Hernandez, are proposing to construct a retaining wall and swimming pool within the front setback of their single-family home. The subject property is located at the northeast corner of Hillside Street and La Presa Drive across the street from El Cerrito Elementary School. The General Plan Land Use Designation for the property is Low Density. The property is zoned R-1b One Family Dwelling which is consistent with the General Plan. 

The subject property is an 8,487 square foot corner lot improved with a 1,937 square foot, single story, single-family home constructed near the middle of the lot with an attached two-car garage. The property has street frontage along La Presa Drive (southerly property line) and along Hillside Street (westerly property line).  The proposed pool will be constructed near the southeast corner of the property.  The pool has a rectangular design and measures 32 feet long by 16 feet wide and will be constructed 9.6 feet from the southerly property line and 5 feet to the easterly property line. The pool equipment will be located against the dwelling unit approximately 16 feet from the southerly property line and 29 feet from the easterly property line.

There is a 6-foot wide Southern California Edison (SCE) easement along the easterly property line. The proposed pool will be encroaching 12 inches into the SCE easement as well as the proposed retaining wall which will be constructed over the easement. The Applicant has obtained an encroachment agreement from SCE for the swimming pool and retaining wall encroachments. The agreement has been executed and recorded with the County (recorded on August 7, 2020).

The dwelling unit is situated at a higher grade than the City sidewalk along both street frontages. There is a grade difference of approximately 7-8 feet between the property's front yard area and the sidewalk along the southerly property line. The Applicant is requesting to construct a retaining wall with a vinyl fence that will be setback 4 feet from the southerly property line. The proposed retaining wall will be approximately 7-1/2 feet high with a 5-foot-high vinyl fence for an overall height of 12 feet 6 inches, measured from the finish grade of the sidewalk. The retaining wall is approximately 47 linear feet long beginning from the southeast corner of the property. 

Pursuant to the Zoning Code, for a corner lot the frontage is determined to be the shortest frontage of the property which in this case, that would be along La Presa Drive. However, when the property was developed in 1951 the house was oriented with the front door (entry to the residence) facing onto Hillside Street, making Hillside Street the defacto "front" of the property, with La Presa Drive becoming the "side".  This created existing legal non-conforming conditions. At this time the property owner wishes to construct a retaining wall to enlarge the yard area at the rear of the residence to create an area for a swimming pool. Since this wall/pool encroaches into what is legally the front yard, it would not be permitted.  Thus, the Applicant is requesting approval of a Zone Variance because of this usual circumstance.
 

Pursuant to La Habra Municipal Code (LHMC) Section 18.76.010, when practical difficulties, unnecessary hardships 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 under 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 purpose 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:

There are extraordinary circumstances as they relate to the subject property and the requested Zone Variance application. For this particular case, the subject property is a corner lot with a grade difference as the dwelling unit is approximately 7-8 feet higher than the finished grade of the sidewalk along the southerly property line. Also, based on the orientation of the lot, the front yard of the property is located along the southerly property line, however, this area can be described as the property's rear and side yard areas combined. Based on the grade difference, a retaining wall is needed to grade the property level with the rear of the dwelling unit to create a functional/usable yard area. The variance is required to allow for the construction of a 12 foot 6 inch high retaining wall with vinyl fence which exceeds the 3-foot height limit and the construction of the swimming pool within the front setback. The vinyl fence will be used to screen and secure the swimming pool area.

The requested improvements will be contained on the property. The construction of a retaining wall and vinyl fence within the front setback (southerly property line) will not obstruct any views or create line of sight issues. The adjacent property to the east is a corner lot with the front of the property facing Kingston Drive (facing east). The adjacent property does not have any walkways or driveway improvements along La Presa Drive that would be obstructed with the requested retaining wall.  

Also, the requested retaining wall and vinyl fence will not be constructed along the entire length of the southerly property line. The retaining wall will be setback approximately 38 feet from the westerly property line which provides sufficient visibility for both pedestrian and vehicular traffic along Hillside Street. The retaining wall’s 4-foot setback to the adjacent sidewalk provides sufficient area for the planting of vines or shrubs in front of the wall that overtime would grow and cover the wall to create a green screen.

The construction of a swimming pool on the property will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone. The Applicant has obtained and recorded an encroachment agreement with Southern California Edison (SCE) for the retaining wall and swimming pool as parts of the improvements will be constructed within SCE's 6-foot wide utility easement located along the easterly property line.  The agreement was recorded on August 7, 2020.

Researching the property records, a Zone Variance was approved in 1969 to allow an addition to encroach 10 feet into the required 25-foot rear yard setback. It appears that in 1969, the rear of the property was identified as the easterly property line based on the current layout and building setback of 15 feet to the easterly property line. Based on the original variance, the front building setback would be directly opposite of the rear yard setback making the westerly property line the front and the southerly property line the street side setback. The 1969 variance indicated that the subject lot differs from a standard lot in that it is wider than it is deeper, meaning that the property's configuration is a unique circumstance. The property's configuration continues to be a unique circumstance or hardship as the Applicant is unable to modify the property boundaries or modify the existing structure to gain additional usable yard area.   

The required findings can be made in support of the requested variance as the property’s location, configuration and topography create a hardship as compared to a typical, level, interior lot.  The SCE easement also causes a slight impediment that affects the design and layout of the requested improvements. However, the Applicant has obtained and recorded an encroachment agreement with SCE for the requested improvements.

The Applicant's proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no redevelopment is proposed, no NPDES action is required.

The property is designated Low Density which is characterized by single-family residential development. The construction of a swimming pool within an existing single-family home is appropriate. The project implements Policies: LU 7.1 Neighborhood Conservation and LU 8.1 Neighborhood Identity of the General Plan 2035.