CITY OF POMONA
COUNCIL REPORT
January 24, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, Development Services Director SUBJECT: APPEAL OF MINOR CERTIFICATE OF APPROPRIATENESS NO. 16810-2021 RECOMMENDATION:
It is recommended that the Council approve one of two options:
Deny the appeal and uphold the Historic Preservation Commission and Staff’s decision to deny the request to install a front yard fence on the basis that the proposed location of the fence would enclose a historically open front yard.
Approve the appeal and the request to install the proposed fence as proposed and recommend that Staff issue Minor Certificate of Appropriateness (MINCOA 16810-2021).
EXECUTIVE SUMMARY:
The matter before the Council is an appeal of the Historic Preservation Commission’s decision to uphold a staff level decision to deny minor certificate of appropriateness requesting to install a four (4) foot tall open wooden and hog-wire fence in the front yard of the property located at 332 Chester Place within the Wilton Heights Historic District. The neighbor to the property owner, Gary Aguirre, has filed the appeal while the original application was submitted by the property owner, Kristy Therrien.
FISCAL IMPACT:
There will be no impact to the General Fund.
PUBLIC NOTICING REQUIREMENTS:
There were no noticing requirements for this item. As a matter of due process, the Planning Division noticed Gary Aguirre and Kristy Therrien on the matter, as they represent the appellant and property owner, respectively.
PREVIOUS RELATED ACTION:
On November 3, 2021, the Historic Preservation Commission (Commission) considered an appeal (filed by the property owner Kristy Therrien) of Minor Certificate of Appropriateness (MINCOA 16810-2021), to allow for the installation of a four (4) foot tall open wooden and hog-wire fence within the front yard setback of a contributing dwelling at 332 Chester Place within the Wilton Heights Historic District (Attachment No. 1). The Commission discussed the significance, compatibility and potential impact to the District, a new front yard fence could have in the neighborhood composed primarily of historically open front yards and whether a four foot open fence would actually provide the security that applicant is seeking. The Commission voted to continue the item to the December 1, 2021 Historic Preservation Commission meeting on a 3-2-0-2 vote and requested Staff obtain clarity from the City Attorney as to whether the Commission can put conditions on ministerial approvals (Attachment No. 2).
On December 1, 2021, the Historic Preservation Commission heard the continuation of the discussion item and Staff reported back that conditions related to the historic compatibility with the District could be appropriate (Attachment No. 3). The Commission further discussed the potential options for the applicant and entertained a motion to approve the fence with conditions to set the fence back 18-24 inches from the back of sidewalk and screen the hog-wire with landscaping, however the motion failed on a 2-3-2-0 vote and there did not seem to be a consensus to support an alternative motion. Therefore, staff’s denial of MINCOA 16810-2021 became final. The Commission minutes for the December 1, 2021 meeting have not yet been prepared by Staff.
ENVIRONMENTAL IMPACT:
Staff determined that the project is exempt from the California Environmental quality Act (CEQA) pursuant to Section 15301 of the California CEQA Guidelines, as the project is a minor alteration to an existing facility.
DISCUSSION:
Planning Staff received an application for a Minor Certificate of Appropriateness requesting to install a four (4) foot tall open wooden and hog-wire fence along the front and side property lines within the property’s front yard setback. The original applicant and appellant contend that, given the activity in the area, front yard fencing would provide a much needed means and sense of security for the subject home and its occupants.
The City of Pomona Zoning Ordinance Section .5809-13(F) (Historic Preservation) allows for the installation of perimeter fencing through an administrative Minor Certificate of Appropriateness (Minor COA) provided that the fencing meets standards and follows the adopted Design Guidelines. Staff analyzed the request against the “Design Guidelines for Fence / Wall Alterations and Installations on Historic Properties” which reads that “the acceptability of a new fence or wall installation will depend on the existence of fences and walls in the immediate neighborhood. Whenever possible, avoid installing a new front yard fence or wall in neighborhoods with open front yards.” Due primarily to the surrounding neighborhood consisting of historically open front yards, Staff determined that the proposed project may potentially have a significant adverse effect on the property and the Historic District and that the appropriate process for projects of this nature is a Major Certificate of Appropriateness. Staff could not make the required findings for a minor certificate of appropriateness and subsequently denied the application with an appeal period ending on November 2, 2021.
On October 18, 2021, Kristy Therrien, the applicant and property owner submitted an appeal to the Planning Division, contesting Staff’s denial of the proposed front yard fence.
On November 3, 2021, the Commission discussed options for the applicant but moved to continue the discussion item to the next regularly scheduled Commission meeting pending clarification from Staff and the City Attorney on Commission’s ability to set conditions of approval on ministerial approvals. As stated above, On December 1, 2021, the Commission heard the continuation of the discussion item and Staff reported back that conditions related to the historic compatibility with the District could be appropriate. Ultimately, the Commission was unable to gain consensus for a motion to approve or deny the appeal, therefore, staff’s denial of MINCOA 16810-2021 became final with the appeal period ending on December 21, 2021.
On December 21, 2021, Staff received an appeal from a direct neighbor (Gary Aguirre) contesting the Commission’s decision (Attachment No. 4).
It is recommended that the Council adopt one of the two proposed recommendations. The first is Deny the appeal and uphold the Historic Preservation Commission and Staff’s decision to deny the request to install a front yard fence on the basis that the proposed location of the fence would enclose a historically open front yard.
The alternative is to approve the appeal on the basis that the Council finds that the installation a new fence in a historically open front yard meets the intent of a Minor Certificate of Appropriateness.
Prepared by:
Alan Fortune
Assistant Planner
ATTACHMENTS:
Attachment No. 1—HPC Staff Report Dated November 3, 2021 Attachment No. 2—HPC Minutes of November 3, 2021 Meeting Attachment No. 3—HPC Staff Report Dated December 1, 2021 Attachment No. 4—Letter of Appeal
Attachment No. 5—Staff Presentation
Appeal of MINCOA 16810-2021