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La Habra City Zoning Code

ARTICLE I

General

§ 18.02.010 Title.

This title shall be known as the "Land Use Zoning Ordinance of the City."
(Ord. 1719 § 1, 2010)

§ 18.02.020 Purpose.

An official land use zoning ordinance for the city is adopted and established to serve the public health, safety, comfort, convenience and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide and provide a definite plan for the future growth and development of the city.
(Ord. 1719 § 1, 2010)

§ 18.04.010 Rules of construction.

In this chapter, when not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.
(Ord. 1719 § 1, 2010; Ord. 1852, 12/4/2023)

§ 18.04.020 Generally.

For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this chapter.
(Ord. 1719 § 1, 2010; Ord. 1852, 12/4/2023)

§ 18.04.030 Terms defined.

For the purposes of this title, the following definitions shall apply:
"Accent window"
means a window that provides an aesthetic value to a building. Window types include transom windows, dormer awning windows, picture windows, arch and circle windows, and art glass.
"Accessible parking space"
means a parking space provided for use by persons with disabilities as described in the Americans with Disabilities Act (ADA) and the requirements established by the State of California.
"Accessory building"
means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use.
"Accessory dwelling unit" or "ADU"
shall have the same meaning as in California Government Code Section 66313 as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means an attached or a detached residential dwelling unit, or located within the living area of an existing primary dwelling unit that provides complete independent living facilities and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-unit or multi-unit dwelling is or will be situated. An ADU also includes the following: an efficiency unit; and a manufactured home, as defined in Section 18007 of the California Health and Safety Code. An ADU may also consist of space within the primary dwelling unit that is converted into an independent living unit.
"Accessory use"
means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
"Affordable housing agreement"
means an agreement between the applicant and the city guaranteeing the affordability of rental or ownership units.
"Affordable housing costs"
means the amount set forth in California Health and Safety Code Sections 50052.5 and 50053, as the same may be amended from time to time.
"Affordable housing covenants"
means the plan that is part of the affordable housing agreement which ensures the continued affordability of inclusionary housing units in a particular residential or mixed-use development and describes the real estate and financial terms and requirements of the inclusionary housing units.
"Affordable housing plan"
means the plan that is part of the affordable housing agreement which provides the location of the inclusionary housing units within the overall residential development project.
"Alley"
means a public way not over 20 feet in width permanently reserved as a secondary means of access to abutting property.
"Applicant"
means a person, business, or organization filing an application pursuant to the requirements of this title.
"Approving body"
means the planning commission or the city council.
"Arcade"
means a roofed passageway or lane. A series of arches supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery.
"Area median income" or "AMI"
means the annual median income for Orange County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision, or as established by the City of La Habra in the event that such median income figures are no longer published periodically in the California Code of Regulations.
"Automobile service station"
means a retail place of business serving vehicles. It is primarily engaged in the sale of motor fuels and lubricants, but it also provides incidental services directly related to the operation and maintenance of the vehicle. These incidental services include battery service, hand washing, waxing and polishing of automobiles, the sale and repair of tires (excluding recapping) and the cleaning and flushing of radiators (excluding steam cleaning and radiator repair). If performed entirely within an enclosed building, such services as lubrication of automobiles, wheel balancing, testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses, wiring and brake service limited to servicing and replacement of brake cylinders and brake shoes are permitted. No machine work, body work or paint spraying is permitted. Internal motor or drive train repairs may be performed only when they are incidental to other repairs being performed and they may not be done as a regular repair service. Brake drum turning and the necessary machine work required to facilitate automotive brake repair and reconditioning is permitted if done within an enclosed building.
"Automobile service/repair"
means a retail place of business serving vehicles. It provides services directly related to the operation and maintenance of the vehicle. All services must be performed entirely within a closed building and includes such services as follows: battery service, hand washing, waxing and polishing of automobiles, the sale and repair of tires (excluding recapping), cleaning and flushing of radiators, lubrication of automobiles, wheel balancing, testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water hoses and wiring and brake service limited to servicing and replacement of brake cylinders and brake shoes. No machine work, body work or paint spraying is permitted outside of an enclosed building. Internal motor or drive train repairs may be performed only when they are incidental to other repairs being performed and they may not be done as a regular repair service.
"Automobile"
means and includes passenger automobiles of every description, trucks, racing cars, off-road vehicles, dune buggies, horseless carriages, motorized golf carts, motor homes, motorbikes and recreational vehicles.
"Automotive parking areas"
means parking areas for use of motor vehicles for the owner(s), employees and customers of the allowed land use. "Automotive parking areas" as used in this title are not for the display of vehicles for sale or for the storage of vehicles.
"Automotive reconditioning"
means a business primarily serving automobile dealers that is engaged in detail work, such as cleaning, waxing and polishing, upholstering, touchup painting and minor body repairing to improve the condition of an automobile for sale.
"Awning"
means an architectural fabric or metal projection that provides weather protection, building identity, or decoration, and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a cover is attached.
"Balloon"
means a flexible bag that can be inflated with a gas, such as helium, hydrogen, nitrous oxide, oxygen, and air.
"Beacon light" or "searchlight"
means any light with one or more beams, capable of being directed in any direction or directions.
"Billiard/pool halls"
means any premises in which there are two or more pool or billiard tables used for the purpose of playing pool or billiards or other game, for which a compensation of any kind is paid to the owner, proprietor, manager, lessee or possessor thereof. A premises in which there are no more than two coin-operated pool or billiard tables, which is used in conjunction with some other business, shall not be a pool or billiard hall for the purpose of this title.
"Boarding house" and "rooming house"
mean a residence, dwelling or portion thereof, other than a hotel, which is used to accommodate with or without individual or group cooking facilities, for compensation, three or more individuals under separate rental, lease, or sublease agreements, either written or oral, whether or not the owner resides therein. The word "compensation" includes compensation in money, services or other things of value. This term shall not include group homes as defined by this chapter.
"Bracket"
means a projection from a vertical surface providing structural or visual support under cornices, balconies, windows, or any other overhanging member.
"Building face"
means any front, rear, or side vertical surface of a building elevation in which the business is located. The area of the face of a building shall be the total area of such surface, including the area of doors and windows which open into such surface.
"Building height"
means the vertical distance from the average finished ground level of the site to the highest point of the structure.
"Building mass or massing"
means the general shape and form as well as size of a building.
"Building site"
means the ground area of a building or group of buildings together with all open spaces as required by this title.
"Building"
means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.
"Canopy"
means a structural, ornamental, roof-like appendage, either freestanding or attached to a building.
"Carport"
means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.
"Certificate of occupancy"
means the permit issued by the city building and safety division authorizing the occupancy of a commercial or residential unit or development.
"Change of occupancy"
means a discontinuance of an existing use and substitution therefore of a use of a different kind or class.
"Chief building official"
means the manager of the building and safety division, or his/her designee.
"City"
means the city of La Habra.
"Cladding"
means an application of one material over another to add an extra skin or layer to the building. Commonly used exterior wall cladding materials include brick, vinyl, wood, stone, fiber cements, metal, concrete, and stucco.
"Club"
means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.
"Code"
means the La Habra Municipal Code.
"Commercial coach"
means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes.
"Commercial recreation"
means any use or development either public or private providing amusement, pleasure or sport, which is operated or carried on primarily for financial gain.
"Commercial repair"
means and includes any repair, construction or assembly process conducted or performed for consideration, either monetary or in kind. Examples of this include, but are not limited to, lawn mower repair, engine and transmission rebuilding, boat repair, and trailer repair.
"Common interest development"
means a condominium project as defined by Section 1351(f) of the California Civil Code, or a planned development as defined by Section 1351(k) of the California Civil Code, as the same may be amended from time to time.
"Community amenities"
means any combination of indoor or outdoor spaces created to provide for both active and passive recreational/social activity space for the residents and their guests. Types of amenities include, but are not limited to, pools, spas, tot lots, outdoor exercise equipment, sports courts, barbeques, gazeboes, outdoor seating areas, workout rooms, clubhouse, meeting room, and business centers.
"Construction scheduling and phasing"
means the estimated timing for each phase of the construction of a project (commercial, residential, and affordable housing).
"Contiguous property"
means any parcel of land that is:
1. 
Touching another parcel at any point;
2. 
Separated from another parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or
3. 
Separated from another parcel only by other real property of the applicant which is not subject to the requirements of this title at the time of the planning permit application by the applicant.
"Corbel"
means a structural piece of stone, wood or metal jutting from a wall to carry a super-incumbent weight, a type of bracket.
"Corner lot"
means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.
"Cornice return"
means a way to transition the eave and the main fascia board around the gable end of a house.
"Cornice"
means a horizontal molding projecting along the top of a wall or building.
"Council" or "city council"
means the elected legislative body of the city of La Habra.
"Density"
means the development capacity of residential dwelling units per acre of land excluding street rights-of-way. The maximum permitted number of units shall be based on the implementing zone or the general plan land use designation of a site with the MX overlay.
"Department"
means the community and economic development department of the city.
"Development site"
means a parcel or group of contiguous parcels that are proposed for development as one project.
"Development standard"
means and includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open space requirement, or a parking ratio that applies to a residential, mixed use, and commercial development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
"Director"
means director of community and economic development.
"Dormer"
means a projecting vertical window from a roof slope and has a roof of its own.
"Drive-in restaurant" or "drive-in"
means any premises or place of business where beverages, food or refreshments are served to patrons for consumption on the premises at tables or stands, in open or unenclosed areas, or for sale to or consumption by persons in any vehicle stopped, standing or parked in or upon the premises of such drive-in restaurant or drive-in, or in or upon any street, alley, lane, parking area or real property immediately adjacent to or adjoining any street or public right-of-way abutting such premises. If at least fifty percent of the premises is designed for, constructed for or used for the purposes enumerated herein, then such place of business shall be deemed to be a drive-in restaurant or a drive-in.
"Dwelling unit"
means a single and independent habitable unit with living facilities which are used or intended to be used for living, sleeping, cooking and eating.
"Dwelling"
means a building or portion thereof designed for or occupied for residential purposes, including single-unit, two-unit and multi-unit dwellings, but not including hotels, boardinghouses, lodging houses and trailers.
"Educational institution"
means an institution of learning giving general academic instruction equivalent to the standards prescribed by the State Board of Education, including day care, preschool, private tutoring or learning facility.
"Eligible person"
means an individual with a disability, a representative of such individual, or a developer of housing for individuals with disabilities.
"Emergency shelter"
has the meaning set forth in subdivision (e) of Section 50801 of the California Health and Safety Code, and means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Employee housing"
has the meaning set forth subdivision (b) of Section 17008 of the California Health and Safety Code.
"Erect"
means to build, construct, attach, hang, place, suspend, or affix.
"Factory-built housing"
has the same meaning as in California Health and Safety Code Section 19971 as the same may be amended from to time. As of the effective date of the ordinance establishing this definition, the term means a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction of the part, including units designed for use as part of an institution for resident or patient care, that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code and other regulations adopted by the commission pursuant to California Health and Safety Code Section 19990. Factory-built housing does not include a mobilehome, as defined in California Health and Safety Code Section 18008, a recreational vehicle, as defined in California Health and Safety Code Section 18010.5, or a commercial modular, as defined in California Health and Safety Code Section 18012.5.
"Fair housing laws"
means the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(B)(3), and the California Fair Employment and Housing Act (California Government Code Section 12900 et seq.), as any of these statutory provisions may be amended from time to time.
"Family daycare home"
means a facility that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home that is licensed in accordance with the requirements of the California Health and Safety Code. A family daycare home includes a detached single-unit dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-unit dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned. As used herein, a "small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under ten years of age who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code and as defined in implementing regulations. As used herein, a "large family daycare home" means a facility that provides care, protection, and supervision for seven to fourteen children, inclusive, including children under ten years of age who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in implementing regulations.
"Flag"
means a piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution.
"Floor area ratio"
means the ratio between gross floor area of all buildings on a lot and the total area of the lot. For the purposes of this definition, "gross floor area" means the amount of leasable floor area of the structure. Exception: mezzanines, as described by the Uniform Building Code, shall not be considered as floor area.
"Food-to-go restaurant"
means any premises or retail place of business where beverages, food or refreshments are prepared, processed or treated for retail sale on the premises, with limited on-site consumption. A maximum of five tables and ten seats may be provided for waiting food orders and/or food consumption.
"Freeway"
means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access and which is declared to be such in compliance with the California Streets and Highways Code.
"Front lot line"
means the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.
"Front yard"
means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
"Frontage, building"
means the portion of a building on, adjacent to, or oriented to a public right-of-way.
"Frontage, business"
means the property lines or lease lines at the front of the building in which a business is located and on which the primary entrance, accessible to the general public, is located.
"Frontage, display"
means the lineal footage of display frontage for those businesses where the principal display of merchandise is located outside of a main building.
"Frontage, lot"
means the length of a lot along a public or private street or right-of-way, but not including such length along an alley, watercourse, or railroad.
"Gable roof"
means a roof with two sloping planes supported at their ends by a trainable upward extension of two walls, so as to form a gable at each end.
"Garage sale"
means the occasional public sale of secondhand household and other goods incidental to household uses by a person or persons from a residential property, also to include yard, estate, and other home-based sale.
"Garage"
means an enclosed building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings on the premises are stored or kept.
"General plan"
means the city of La Habra General Plan.
"Grade"
means the lowest point of elevation of the graded surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
"Grand opening"
means a promotional activity used by newly established businesses, to inform the public of their location and contribution to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business.
"Gross floor area" or "GFA"
means the floor area within the perimeter of the exterior walls of the building. It is the sum of the gross areas of all floors including levels below grade.
"Gross leasable area" or "GLA"
means the area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, corridors, stairways, closets, the thickness of interior walls, columns or other features.
"Group homes"
means housing shared by unrelated persons with disabilities that provide peer and other support for their residents' disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities. This can include:
1. 
"Alcohol or other drug (AOD) facilities" means residential facilities that must obtain licenses from the California Department of Health Care Services (DHCS) because they provide alcoholism or drug addiction recovery and treatment services.
2. 
"Licensed group homes" means group homes that provide services that require licenses under state law.
3. 
"Recovery residences" or "sober living homes" means group homes for persons recovering from alcoholism or drug addiction in which the residents mutually support each other's recovery and sobriety and that do not require licenses from DHCS because they do not provide alcoholism or drug addiction recovery and treatment services.
4. 
"Residential care facilities" means a facility licensed by the State of California to provide living accommodations or unlicensed, twenty-four-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes those both for and not-for-profit institutions but excludes supportive housing and transitional housing.
a. 
Small. A facility that provides care for six or fewer persons.
b. 
Large. A facility that provides care for more than six persons.
5. 
"Unlicensed group homes" means group homes that may provide some supportive services for their residents but not services that require licenses under state law.
"Half story"
means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.
"Hipped roof"
means a roof which slopes upward from all four sides of a building, requiring a hip rafter at each corner.
"Home occupation"
means an accessory use of a dwelling unit conducted by the occupant of the dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services.
"Hospital"
means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons, and including sanitariums.
"Hotel"
means any structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, for time periods limited to thirty consecutive days or less, and includes, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, lodging house, rooming house, apartment house, dormitory, public or private club, but not used as the legal residence or principal dwelling place of the occupant(s), except for one or more caretaker/manager residential unit(s) which conform to the requirements for multi-unit residential units in this title. "Hotel" does not mean any convalescent home or facility, home for the aged, hospital, jail, or military installation.
"Housekeeping unit"
means any group of individuals living together in one dwelling unit where the residents may share household responsibilities and activities such as living expenses, chores, and eating meals together.
"Housing administrator"
means the city staff person that reviews the affordable housing agreement and its affordable housing plan, inclusionary housing plan, and affordable housing covenants for any residential or mixed-use development that is required to provide inclusionary or affordable housing units.
"Inclusionary housing developer"
means the developer that is selected by the city to construct the inclusionary housing units that may be required for a particular residential development in accordance with the provisions of this title.
"Inclusionary housing in-lieu fee fund"
means the fund where all acquired in-lieu fees shall be deposited. Deposited fees are used by the city to enter into joint venture agreements with developers to construct the required inclusionary housing units. Collected fees could also be used for city staff that conduct periodic inspections to ensure that the constructed inclusionary housing units comply with the affordable housing agreement, affordable housing plan, inclusionary housing plan, affordable housing covenants, and all other city and zoning requirements.
"Inclusionary housing plan"
means the plan that is part of the affordable housing agreement, which describes the design, features, and affordability of the inclusionary housing units as required by this title.
"Inclusionary housing unit"
means a dwelling unit required by this title to be affordable to very low-, low-, or moderate-income households.
"Individual with a disability"
means an individual who has a physical or mental impairment that limits one or more of that individual's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an impairment resulting from individual's current, illegal use of a controlled substance or other drug.
"Integrated development"
means a development consisting of two or more interrelated business establishments designed around common driveways and common on-site parking facilities.
"Interior lot"
means a lot other than a corner lot.
"Juliet balcony"
means a balcony with a small platform with a French door or full-length window with railing on the outer-lower half of the wall plane that gives the appearance of a balcony when the window is fully open.
"Key lot"
means the first interior lot to the rear of a reversed corner lot, whether or not separated by an alley.
"ksf"
means one thousand square feet.
"Land development project"
means any residential tract or subdivision, or industrial or commercial development within the city. Subject development may include parcel improvements only, and the developer need not construct buildings thereupon.
"Live/work unit"
means a unit that combines a work space and incidental residential occupancy and used by a single household. The residential and commercial portions of the live/work units shall be developed in compliance with the California Building Code. The working space is reserved for and regularly used by an occupant of the unit. Living space includes, but is not limited to, a sleeping area, a food preparation area with reasonable work space, and a full bathroom including bathing and sanitary facilities which satisfy the provisions of applicable codes.
"Lot area"
means the total horizontal area within the lot lines of a lot.
"Lot"
means a parcel of real property as shown with a separate and distinct number or letter on a plot recorded or filed with the recorder of the county under procedures established by the city and state, or, a parcel of real property abutting upon at least one public street and held under separate ownership prior to the effective date of this title.
"Low barrier navigation center"
means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. 
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. 
Pets.
3. 
The storage of possessions.
4. 
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Low-income household"
has the definition given in California Health and Safety Code Section 50079.5.
"Manufactured home"
has the definition given in California Health and Safety Code Section 18007 as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Section 5401 et seq.).
"Marijuana related use and activity"
means and includes dispensing, cultivation, manufacture, processing, storing, testing, labeling, relabeling, packaging, repackaging, transporting, delivery, distribution, provision, or sale, or any combination thereof, of marijuana, except as set forth in California Business and Professions Code Section 19319, related to qualifying patients. "Marijuana-related use and activity" also has the same meaning as "commercial cannabis activity" set forth in California Business and Professions Code Section 19300.5(j).
"Market rate unit"
means a new dwelling unit in a residential development that is not an inclusionary housing unit and can be purchased or rented at market rates. These units are not considered to be affordable units.
"Mixed-use projects"
means projects that combine residential and commercial uses. Mixed-use projects may be arranged vertically (ground level commercial uses with residential units above) or horizontally (commercial uses on a portion of the property linked by pedestrian connections to residential units as part of a unified development project).
"Mobilehome"
means a structure as defined by Section 18008 of the California Health and Safety Code as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-unit dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobilehome" includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. "Mobilehome" does not include a commercial modular, as defined in Section 18001.8 of the California Health and Safety Code, factory-built housing, as defined in Section 19971 of the California Health and Safety Code, a manufactured home, as defined in Section 18007 of the California Health and Safety Code, a multi-unit manufactured home, as defined in Section 18008.7 of the California Health and Safety Code, or a recreational vehicle, as defined in Section 18010 of the California Health and Safety Code.
"Moderate income household"
has the definition given in California Health and Safety Code Section 50093(b), except that for the purposes of moderate income rental inclusionary units that are located upon the same site as the market rate residential development rental units, "moderate income household" means a household earning no more than eighty percent of area median income.
"Molding"
means a projecting material that provides ornamental variations of outlines or contours to wall planes, windows, doors, or headers.
"Motel."
See "Hotel."
"Multi-unit dwelling"
means a building containing three or more independent dwelling units.
"Multiple-occupancy building"
means a building wherein two or more separately independently owned or operated suites, units or occupancies are contained.
"Muntin"
means a secondary framing member to hold panes in a window, window wall, or glazed door; an intermediate vertical member that divides panels of a door.
"Mural"
means an artistic picture or scene applied or painted onto a building wall or other structure, but containing no advertising message and not associated with graffiti or related acts of vandalism.
"Nonconforming building"
means a building or structure or portion thereof conflicting with the provisions of this title applicable to the zone in which it is situated.
"Nonconforming use"
means the use of a structure or premises conflicting with the provisions of this title.
"Occupied"
means and includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.
"Off-premises"
means on an alcoholic beverage license means the license privilege is for alcoholic beverages to be sold in original, unopened packages for consumption off the premises where sold.
"On-premises"
means on an alcoholic beverage license means the license privilege is for alcoholic beverages sold on the premises to be consumed on the premises where sold.
"Pennant"
means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
"Person"
means any individual, firm, co-partnership, joint adventure, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.
"Persons and families of moderate income"
means persons and families defined in Section 50093 of the California Health and Safety Code, as the same may be amended from time to time.
"Physical needs assessment"
means a report by a qualified housing professional identifying those items that are necessary repairs, replacements and/or maintenance at the time of the assessment or that will likely require repair or replacement within three years of the assessment. Estimated cost of repairs should be included in the assessment. All required repairs must be completed prior to occupancy of the repaired inclusionary housing unit.
"Plate height"
means the interior vertical distance from the ground surface of a floor to the floor ceiling.
"Primary zone" or "base zone"
shall mean the zoning designation of a property.
"Private garage"
means an enclosed building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings on the premises are stored or kept.
"Public garage"
means an enclosed building or portion of a building, open to the public in which motor vehicles are stored or kept, either for a fee or as a courtesy.
"Qualified nonprofit housing corporation"
means a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the California Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
"Rafter tails"
means the portion of the rafter that hangs over the wall.
"Rafter"
means a structural component that is used as part of a roof construction.
"Rear lot line"
means the line opposite the front lot line.
"Rear yard"
means a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest part of the rear lot line.
"Recreational vehicle"
means a vehicle, boat, vessel or other type of portable structure, with or without a mode of power, and without permanent foundation, which can be towed, hauled, sailed, flown or driven, and is designed, used, or maintained primarily for recreational purposes, such as, but not limited to, travel trailers, tent trailers, camping trailers, motor homes, buses converted to recreational or other noncommercial uses, vans, trucks with camper shells, campers, motorcycles, off-road vehicles, aircraft, boats or other vessels.
"Recycling center"
means a facility that accepts recyclable materials from the public as either a donation, redemption or for sale. A recycling center may consist of mobile recycling containers, kiosk type units, bulk vending machines, automated and unattended recycling machines (also known as reverse vending machines), or unattended containers placed for the donation of recyclable materials.
"Residential care facility for the elderly"
has the meaning provided in California Health and Safety Code Section 1569.2 as the same may be amended from time to time. As of the effective date of the ordinance establishing this definition, the term means a housing arrangement chosen voluntarily by persons sixty years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under sixty years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as specified in California Health and Safety Code Section 1569.316.
"Reversed corner lot"
means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.
"Roof line"
means the top edge of a roof, mansard, or parapet wall of any building or other structure, which forms the top line of the building silhouette, exclusive of any sign tower, determined as a horizontal line projected from the top of the ridge, or in the case of flat or single-slope roofs, from the highest point of the rafter, roof beam or roof joist.
"Seat"
as used in this title means eighteen lineal inches of seating space when arranged in bleachers, benches or pews. For uses with no permanent seats, a seat is equal to seven square feet of floor area.
"Senior housing"
means age-restricted multi-unit housing with covenants in place to assure that the units will remain age-restricted for the life of the property.
"Setback line"
means a space or area between any public right-of-way and an imaginary line on all properties within which no buildings or structures shall be erected, placed or located.
"Setback"
means the minimum required distance from a structure to a property line on the subject lot. When required for landscaping purposes, setback means the distance from a street front property line to the depth of required landscape area.
"Shared parking"
means the use of parking space by vehicles generated by two or more individual land uses without conflict. The ability to share parking is based on two conditions: (1) variation in times of use; and (2) relationship among the land uses that result in visiting multiple land uses on the same auto trip.
"Shingle"
means a small, thin piece of building material often with one end thicker than the other for laying in overlapping rows as a covering for the roof or sides of a building.
"Short-term residential rental"
means the rental of a residential dwelling unit by the owner thereof to another party for a continuous period of thirty days or less, in exchange for any form of monetary or non-monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment; and also means "hotel" as that term is defined in this section.
"Shutter"
means a pair of hinged panels, often louvered, fixed inside or outside a window that can be closed for security or privacy or to keep out light.
"Side lot line"
means any lot lines other than front lot lines or rear lot lines.
"Side yard"
means a yard between the main building and the side lot line extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear yard the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building.
"Siding"
means an exterior wall covering of horizontal boards nailed to a wood frame.
"Sign area"
means the entire area within a rectangle or series of rectangles enclosing the extreme limits of writing, representation, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed, and superficial, nonilluminated column covers, ornamental trim, and other such incidental objects attached thereto which are not designed to convey a message; and excluding a reasonable amount of nonencompassed open area. Where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face, if the two are of unequal area. In the case of spherical or cylindrical signs, the area shall be one-half of the surface area of the signs. In the case of semi-cylindrical signs, the surface area shall be the total surface area.
"Sign copy"
means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
"Sign height"
means the vertical distance measured from the top of curb elevation adjacent to the sign to the highest point of the sign or sign structure(s).
"Sign structure"
means the supports, uprights, bracing, and framework of a sign. The area of such structure shall not be included in computing the aggregate surface of the area of the sign which it supports.
"Sign"
means any means any device, fixture, surface, or structure of any kind or character, made of any material whatsoever, displaying letters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows, or lights, or any other illustrative or graphic display designated, constructed, or placed on the ground, on a building canopy, wall, post, or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying, or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person or activity, whether located on the site, in any structure on the site, or in any other location.
"Sign, animated"
means any sign which is designed and constructed to give a message or image through a sequence of progressive changes of parts by either action and motion, flashing or color changes requiring electric, wind, or manual energy.
"Sign, attached"
means any sign which is supported wholly by a building wall or structure, other than by a sign structure.
"Sign, awning"
means a sign painted or printed onto the canvas or valance of an awning.
"Sign, banner"
means any sign of fabric, plastic or similar material, whether or not enclosed in a rigid frame, that is attached by one or more edges or corners to a building, structure or pole.
"Sign, bench"
means any sign which is located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
"Sign, billboard"
means any sign not advertising the business, industry or pursuit conducted on the premises on which the sign is erected or maintained. This definition does not include a noncommercial sign or city-posted public information sign or temporary real estate signs.
"Sign, bulletin board"
means a board for displaying notices, posters, cards, sheets, or other printed, illustrated, or written matter.
"Sign, campaign"
means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, or initiative.
"Sign, can or cabinet"
means a metal framed sign with a plastic or similar material face and lettering and utilizing internal illumination.
"Sign, canopy"
means any sign placed on or supported entirely by a rigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure.
"Sign, changeable copy"
means a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. This sign type does not include digital display signs or billboards.
"Sign, channel letter"
means an individual sign can for each letter of sign copy.
"Sign, commercial"
means any sign that does not meet the definition of a noncommercial sign.
"Sign, construction"
means any sign stating the name and address of those individuals or firms directly connected with a construction project and the name of the owner or developer.
"Sign, convenience"
means a sign not larger than two square feet which conveys information such as "restrooms," "no parking," "entrance," and the like but does not contain land, trade, advertising or business identification and is designed to be viewed on site by customers and pedestrians.
"Sign, digital display"
means display methods utilizing light emitting diode (LED), liquid crystal display (LCD), plasma, projected images, or any functionally equivalent technology, and which is capable of automated remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them. Also known as dynamic signs and commercial electronic variable message signs (CEVMS).
"Sign, directory"
means a sign on which the names and locations of occupants or the use of a building(s) is given.
"Sign, double-face"
means a single sign structure with two parallel sign faces back to back.
"Sign, electric"
means any sign containing electrical wiring for the purpose of illumination, but not including signs illuminated by an exterior light source.
"Sign, electronic message"
means a sign whose primary advertising focus is the intermittent display, stream, or movement of electronic, computerized, digital or similarly produced letters, numerals, words, or messages as part of the advertising message. Any sign, or portion of a sign, that uses changing lights to form a sign message or messages in text form where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. An electronic message sign is different from an illuminated or electric sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message.
"Sign, feather"
means a type of freestanding temporary portable sign of flexible material that is plain or includes copy and/or graphics and is supported by a horizontal or vertical pole, including but not limited to feather, flutter, bow, and tear drop flag signs.
"Sign, flashing"
means any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity, or which create the illusion of motion in any manner. This type of sign is also referred to as a "running" or "blinking" sign.
"Sign, freestanding"
means any sign that is wholly self-supported by one or more uprights or columns anchored in the ground and not attached to any building. Freestanding signs include, monument, pylon and pole signs.
"Sign, future development"
means any temporary sign that advertises a new business or development project prior to or during the construction phase of that project.
"Sign, human advertisement"
means any person who is located anywhere within the city, and whose intent is to advertise, and whose actions do advertise, a business or service, by way of his or her actions, including, but not limited to, by holding a temporary sign, wearing a costume, or wearing body paint.
"Sign, illegal"
means any sign which was erected in noncompliance with any provision of this code pertaining to signs which were in effect at the time such sign was erected.
"Sign, illuminated"
means any sign which has characters, figures, letters, designs or outlines illuminated internally or externally by electric lights or luminous tubes as a part of the sign proper.
"Sign, indirectly illuminated"
means a sign for which illumination is reflected from its source by the sign display surface to the viewer's eyes, the source of light not being visible from the street or from abutting property, or any sign for which the light travels through a shield or material other than the bulb or tubing necessary to enclose the light source, which shield or material has the effect of dispersing the light before it strikes the eye of the viewer.
"Sign, inflatable advertising device"
means any device constructed of vinyl, fabric, rubber or plastic or other air-tight material, which relies for its shape and support on inflation by a compressed gas or by an air blower or fan conducting air into it, and which uses any color, form, graphic, symbol or writing to identify or communicate a commercial or noncommercial message, announce the purpose of or identify the purpose of a person or entity, or to communicate information of any kind to the public.
"Sign, inflatable character"
means an inflatable, balloon-like character, character representation, logo, or other design, generally tethered to the ground or to the roof of a structure.
"Sign, logo"
means a visual symbol identifying the business or service provided, which may be all or part of a sign.
"Sign, marquee"
means a sign constructed within, or a wall sign attached to, the face of a permanent, roofed structure attached to and supported by the building and projecting over public property or over a walkway located on private property, but used by the public.
"Sign, memorial"
means a sign or tablet, containing the name of a building, and/or date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building or wall.
"Sign, menu board"
means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.
"Sign, monument"
means a low-profile freestanding sign connected to the ground with a solid base and which reflects and complements the architectural theme of the buildings on the same property, and on which copy is limited to identification of the center and/or businesses located on the premises.
"Sign, multi-tenant"
means a sign used to advertise businesses that occupy a commercial or industrial center or complex of two or more tenants.
"Sign, nameplate"
means a sign serving to designate only the name, or the name and professional occupation, of a person or persons residing in or occupying space in a building located on the premises upon which the sign is located.
"Sign, neon or neon lighting"
means any electric gas tube lighting or any sign containing argon, neon, krypton, helium, or xenon.
"Sign, non-advertising or non-commercial"
means any sign posted on private property upon which no advertising matter is displayed.
"Sign, non-appurtenant"
means a sign which advertises a business, products, services or other uses which are not associated with the premises where the sign is located.
"Sign, nonconforming"
means any lawfully erected sign, which does not fully comply with all provisions of this code. This definition does not include any sign that has been illegally erected, or maintained in violation of any safety or health provision of this code, or that otherwise constitutes a danger to health or safety.
"Sign, off-site or off-premises"
means a sign which advertises or directs attention to products or activities that are not provided on the site upon which the sign is located.
"Sign, on-site or on-premises"
means a sign which advertises or directs attention to products or activities that are provided on the site upon which the sign is located.
"Sign, one-time event (residential)"
means a sign displayed at a residential property during the occurrence of a one-time event held at the property such as, a yard, garage or estate sale, birthday party, or wedding reception.
"Sign, painted"
means any sign or representation painted directly on the exterior surface of any building or structure, except on the vertical face or valance of an awning or canopy.
"Sign, portable"
means any moveable outdoor sign that is not permanently secured or attached to the ground or to an approved sign structure or building.
"Sign, projecting"
means any sign which is affixed or attached to, and is supported solely by, a building wall or structure, and extends beyond the building structure or any part thereof more than eighteen inches. No projecting sign shall have a clearance less than eight feet above finished grade or the walkway below.
"Sign, pump-top video display terminal"
means any video screen or electronic display, monitor or terminal that is located on, or affixed to, a fuel-dispensing pump that broadcasts, displays, emits, exhibits or shows audio and/or visual content or material.
"Sign, real estate"
means a sign that indicates a property that is for sale, lease, or rent and/or to advertise the opportunity to view the property (an "open house").
"Sign, revolving"
means a sign which completely or partially rotates, either on an intermittent or continuous basis.
"Sign, roof"
means any sign erected, constructed and maintained wholly upon or over the roof of any building and which is principally supported from or upon the roof structure.
"Sign, seasonal commercial sales lot"
means a temporary sign that is erected in conjunction with a special event permit for a seasonal commercial sales lot for seasonal items such as pumpkins or Christmas trees.
"Sign, subdivision"
means a temporary sign that indicates the name of the subdivision, the names of the architects, engineers, landscape architects, contractors, or similar artisans and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the project.
"Sign, temporary"
means any sign constructed of wood, paper, cloth, canvas, or other similar lightweight material, with or without frames, and all others including painted windows intended to be displayed for a limited period of time.
"Sign, under canopy"
means a permanent sign installed suspended below the canopy of a building.
"Sign, vehicle"
means a sign which is attached to, or painted on, a vehicle or trailer and placed on any property so as to attract attention to a product, activity or business by such means as advertisement of sales prices, provision of direction to the business or activity, or similar promotional copy.
"Sign, wall"
means any sign attached to or erected against the wall of a building or structure with the exposed surface of the sign in a plane parallel with the plane of the wall and extending not more than eighteen inches from the face of the building, having the advertisement either of solid face construction or individual letters. Wall signs shall extend no higher than the roofline or the top of the front parapet, whichever is higher.
"Sign, window"
means a sign painted, attached, glued, or otherwise affixed to either the exterior or interior side of a window or door, having copy visible from a public street, right- of-way, or parking lot.
"Single-room occupancy housing" or "SRO"
means a cluster of guest units within a residential hotel providing sleeping and living facilities restricted by an agreement approved by the city for occupancy by low and very low-income individuals, designed for occupancy for periods of one month or longer.
"Single-unit dwelling"
means a stand-alone dwelling unit designed and/or used for a single household occupancy.
"Storage garage"
means an enclosed building or a portion of a building in which motor vehicles are stored.
"Story"
means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
"Street"
means a public thoroughfare other than an alley which affords the principal means of access to abutting property.
"Structure"
means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height.
"Student housing"
means housing for university or college students as an alternative to on-campus housing. This includes dormitories, fraternity houses, and sorority houses.
"Supportive housing"
means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as specified in California Government Code Section 65582.
"Target population"
means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 commencing with Section 4500 of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Temporary commercial enterprise"
means any activity involving commercial use of property located within the city which continues for a period of forty-five days or less.
"Through lot"
means a lot having frontage on two parallel or approximately parallel streets.
"Traffic index" or "TI" "
is a single number used to express the total weight expected to be borne through tires onto the roadway surface during the design lifetime of the pavement.
"Trailer park or camp"
means any area or premises where two or more house trailers are located and used as living or sleeping quarters.
"Transitional housing"
means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance as specified in California Government Code Section 65582.
"Two-unit dwelling" or "duplex"
means either a building containing two-attached independent dwelling units or two-detached single-unit dwellings.
"Use"
means the purpose for which land or a building is designed, arranged or intended, or for which either is or may be occupied or maintained.
"Vending machine"
means any device that dispenses product(s) for monetary reimbursement.
"Very low-income households"
means households defined in Section 50105 of the California Health and Safety Code, as the same may be amended from time to time.
"Yard"
means an open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. Covered patios, gazebos, cabanas, and shade structures, provided they are not enclosed and comply with the required setbacks may occupy up to twenty-five percent of the required usable yard area.
(Ord. 1853, 12/18/2023; Ord. CC 2025-05, 8/4/2025)

§ 18.06.010 Establishment of zones.

In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, the following classes of land use zones are established to be known as per Table 18.06.010.1.
Table 18.06.010.1
R-1a
One-family zone
R-1b
One-family zone
R-1c
One-family zone
R-2
Two-family zone
R-3
Limited multi-unit zone
R-4
Multiple-family dwelling zone
R-5
Multiple-family dwelling zone
R-6
Multiple-family dwelling zone
R-7
Multiple-family dwelling zone
MHP
Mobile home park zone
C-R
Commercial and high-density zone
C-P
Commercial and professional office zone
C-1
Limited commercial zone
C-2
Commercial zone
C-2s
Community shopping center zone
C-2sH
Community shopping center high density zone
C-3
General commercial zone
C-U
Civic utility zone
PC-I
Planned commercial-industrial zone
M-1
Light manufacturing zone
P
Automobile parking zone
D
Architectural design zone
PUD
Planned unit development overlay zone
OS
Open space zone
SP-1
La Habra Boulevard specific plan
ES
Emergency shelter overlay zone
MX
Mixed-use overlay zone
(Ord. 1719 § 1, 2010; Ord. 1750 § 3, 2014; Ord. 1803 § 3, 2019; Ord. 1805 § 3, 2019; Ord. 1853, 12/18/2023)

§ 18.06.020 Zoning map adopted.

The zones designated in Section 18.06.010 and the boundaries of such zones are shown upon the map designated as the "official land use zoning map of the city," and such map and all the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein.
(Ord. 1719 § 1, 2010)

§ 18.06.030 Boundaries-Applicable rules when boundaries uncertain.

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:
A. 
Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
B. 
In subdivided property or where a zone boundary divides a lot, the location of such boundary, unless the location is indicated by dimensions, shall be determined by use of the scale appearing on the map.
C. 
In case any uncertainty exists, the planning commission shall determine the location of boundaries.
D. 
Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.
E. 
Where any private right-of-way or easement of any railroad, railway, canal, transportation or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property.
F. 
All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as R-1a zone.
(Ord. 1719 § 1, 2010)

§ 18.06.040 Land uses.

A. 
Land uses shall be permitted, conditionally permitted, or not permitted as identified in Table 18.06.040.A, Land Use Matrix. Any uses which are not specifically listed are prohibited unless, pursuant to a review by the planning commission, the commission makes a determination that the proposed use is substantially similar to another permitted or conditionally permitted use.
B. 
Use Determination. Any use approved by the planning commission shall be subject to all the requirements of the zone in which the use is located. Denial of any requested use may be appealed to the city council within ten working days of the planning commission's action as per Chapter 18.66.
Table 18.06.040.A—Land Use Matrix
Permitted = P
Conditional Use Permit = CUP
Not Permitted = -
Special Event Permit = S
Home Occupation Permit = H
R-1a
R-1b
R-1c
R-2
R-3
R-4
R-5
R-6
R-7
MHP
C-R
C-P
C-1
C-2s
C-2sH
C-2
C-3
OS
PC-1
M-1(5)
SP-1
MX
Overlay
RESIDENTIAL
A single-unit dwelling
P
P
P
P
P
A single mobilehome
P
P
A two-unit dwelling (duplex) or 2 detached single-unit dwellings
P
P
P
P
Multi-unit dwellings
P
P
P
P
Mobilehome park (See Gov't Code § 65852.7, Health & Safety Code § 18214).
CUP(4)
CUP(4)
CUP(4)
CUP
Accessory dwelling unit or junior accessory dwelling unit
P
P
P
P
P(1)
P(1)
P(1)
Factory-built housing or manufactured home (less than 10 years old)
P
P
P
P
P
P(2)
P(2)
Home occupations
H
H
H
H
H(1)
H(1)
H
Boarding and rooming houses (3 or more individuals)
CUP
CUP
CUP
CUP
CUP
CUP(1)
CUP
Student housing
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Hotels/motels (provided not more than 20% of the units contain kitchen/kitchenettes)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Group homes
P
P
P
P
P
P(1)
P(1)
Residential care facilities for the elderly (serving 6 or fewer persons, allowed per Health & Safety Code § 1569.85)
P
P
P
P
P(1)
P(1)
P(1)
Residential care facilities for the elderly (serving 7 or more persons, allowed per Health & Safety Code § 1569.85)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Short term residential rentals
Family day care home (per Health and Safety Code § 1597.45)
P
P
P
P
P
P(1)
P(1)
Small family home (22 C.C.R. § 80001(s)(5))
P
P(1)
P(1)
P(1)
P(1)
Sports courts (residential) with lights (tennis, basketball, handball, etc.)
CUP
CUP
CUP
CUP
CUP
CUP(1)
P(1)
Single-room occupancy housing
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP(2)
CUP
Supportive housing
P
P
P
P
P(1)
P(1)
P(1)
Transitional housing
P
P
P
P
P(1)
P(1)
P(1)
Emergency shelter
P(3)
Low barrier navigation center
P
P
P
P
P
P
Employee housing for six or fewer employees (Health & Safety Code § 17021.5)
P
P
P
P
P(1)
P(1)
P(1)
COMMERCIAL—RECREATIONAL
Adult cabaret
CUP
CUP
CUP
CUP
Batting cages
CUP
CUP
CUP
CUP
CUP
Bowling alleys
CUP
CUP
CUP
CUP
CUP
CUP
Commercial recreation
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Pool halls and billiard halls
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Health clubs/spa
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Golf courses
CUP
Golf driving ranges (indoor or outdoor)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Tennis courts (commercial)
CUP
CUP
CUP
CUP
P
P
P
Theaters, cinemas, and auditoriums (public assembly)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
COMMERCIAL—INSTITUTIONAL
Art galleries, exhibit halls (commercial and industrial)
P
P
P
P
P
CUP
CUP
P
Educational institutions including private schools, elementary, middle, and high schools, colleges, and universities, daycare, tutoring
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Commercial schools (dance studios, martial arts, music and vocal instruction, etc.)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Institutions of a philanthropic or eleemosynary nature
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Lodges, clubs and fraternal organizations
CUP
P
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Libraries, museums and public buildings
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Churches, or other places used for religious worship
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
COMMERCIAL—MEDICAL
Animal hospital/veterinary clinic
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
=
Clinic/urgent care facility (medical offices with outpatient treatment; no overnight stays)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
=
Convalescent hospitals
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
=
Hospitals/medical centers
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
=
Doctor/dentist office
P
P
P
P
P
P
P
P
P
Medical laboratories (not part of a medical office)
P
P
P
P
P
P
P
P
COMMERCIAL—OFFICES
Administrative, medical and professional offices
P
P
P
P
P
P
P
CUP
P
P
General business offices
P
P
P
P
P
P
CUP
CUP
P
COMMERCIAL—RETAIL
Bakeries with less than 10 employees on premises
P
P
P
P
P
P
P
P
P
Banks (with or without ATM machines)
P
P
P
P
P
P
CUP
P
P
Coin-operated laundries
CUP
CUP
CUP
CUP
CUP
CUP
General retail
P
P
P
P
P
CUP
P
P
Motor vehicle sales and services (as defined in the California Vehicle Code)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Retail nursery (garden center)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Retail stores selling pre-owned merchandise
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Smoking lounges
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Temporary commercial enterprises and seasonal sales lots
S
S
S
S
S
S
S
S
COMMERCIAL—SERVICES
Automobile service/repair
CUP
CUP
CUP
P
CUP
Automobile service stations
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Check cashing or payday advance
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Commercial repair
CUP
CUP
CUP
CUP
CUP
P
CUP
CUP
Car wash, coin-operated and automated
CUP
CUP
CUP
P
CUP
Day spa
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Dry cleaning, pressing and laundry businesses
P
P
P
P
P
P
CUP
P
P
Fortunetelling establishments
P
P
P
P
P
P
CUP
P
CUP
Funeral parlors/mortuaries
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Restaurants
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Restaurants - food to go
P
P
P
P
P
P
CUP
CUP
CUP
P
P
Upholstery shops (excluding furniture refinishing)
CUP
CUP
CUP
CUP
CUP
P
CUP
CUP
INDUSTRIAL
Hazardous waste facility
CUP
CUP
Industrial park (multiple or mix of services and warehousing)
P
P
Manufacturing/heavy industrial (any process that creates toxins, odors, byproducts or processing of any byproducts)
Manufacturing/light industrial
P
P
Mini-warehouse/self-storage
CUP
CUP
CUP
Storage yards
P
Vehicle impound/tow yards
CUP
CUP
Vehicle storage lots, including recreational vehicles
CUP
CUP
CUP
CUP
Warehouse
P
P
CUP
Wholesaling uses
CUP
CUP
CUP
CUP
P
P
Wrecking yard
SPECIALTY USES
Alcoholic beverage sales and services
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Cemeteries, columbarium, crematories and mausoleums
CUP
CUP
Dog kennels
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Mobilehome sales areas (modular housing)
CUP
CUP
CUP
P
Model homes sales offices
CUP
CUP
CUP
CUP
CUP
Natural resources development
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Outdoor sales (including vending machines)
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Outdoor sales—Temporary (small event)
S
S
S
S
S
S
S
S
S
Outdoor sales—Temporary (large event)
S
S
S
S
S
S
S
S
S
Parks, playgrounds and community buildings
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Public utility or public service structures and uses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Radio and television transmitters
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Recycling centers
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Recycling centers — Reverse vending machine (indoors)
P
P
P
P
P
P
P
P
Remediation systems
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Showrooms
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Tattoo parlors
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Wireless communication facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Notes
1.
For a lot developed with a residence
2.
For a lot meeting General Plan requirements for residential uses
3.
For a lot within the ES overlay zone
4.
A mobilehome park in a residential zone must comply with Chapter 18.28 as if it were in a MHP zone
5.
For lots with the ES overlay, residential uses shall be allowed as permitted in the MHP zone.
(Ord. 1719 § 1, 2010; Ord. 1727 § 3, 2011; Ord. 1744 § 2, 2013; Ord. 1748 § 3, 2013; Ord. 1750 § 3, 2014; Ord. 1803 § 3, 2019; Ord. 1835 § 3, 2021; Ord. 1836 § 1, 2021; Ord. 1839 § 3, 2022; Ord. 1853, 12/18/2023)

§ 18.06.050 General prohibitions.

Except as hereinafter provided in this title, the following provisions shall apply:
A. 
No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title or amendments hereto as permitted in the zones in which such land, building or premises is located.
B. 
No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments hereto for the zone in which such building is located.
C. 
No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments hereto for the zone in which such building is located.
D. 
No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments hereto, shall be considered as providing a yard or open space for any other building or structure.
(Ord. 1719 § 1, 2010)

§ 18.08.010 Building code and title to be construed together-Building code to have precedence.

The Uniform Building Code which is now or which may hereafter be adopted by the city, insofar as it may conflict with this chapter, is not repealed, and the provisions of the building code shall take precedence over this title and be in full force and effect. The provisions of both this title and the building code, if possible, shall be construed together to give effect to both, including all provisions of a more restrictive nature.
(Ord. 1719 § 1, 2010)

§ 18.08.020 Title subject to interpretations and exceptions of certain provisions.

A. 
The regulations specified in this title shall be subject to the interpretations and exceptions set forth in Sections 18.08.030 through 18.08.090.
B. 
The provisions of this title shall not apply to or limit the city of La Habra, whether the city acts in a governmental or in a proprietary capacity.
(Ord. 1719 § 1, 2010; Ord. 1839 § 3, 2022)

§ 18.08.030 Conflicting regulations.

Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern.
(Ord. 1719 § 1, 2010)

§ 18.08.040 Only enumerated uses permitted.

A. 
The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more or less restrictive classification, except as otherwise specified.
B. 
Only uses that are enumerated in the Zoning Code are permitted, as well as uses determined by the planning commission and city council by resolution to be consistent with permitted uses in the Zoning Code pursuant to Section 18.08.050. The La Habra Zoning Code is a permissive zoning code, and the express prohibition of certain uses shall not be interpreted to mean that other, nonenumerated uses are permitted.
(Ord. 1746 § 2, 2013)

§ 18.08.050 Additional permitted uses.

Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein; provided, however, such uses are similar to those mentioned and are in the opinion of the planning commission and city council, as evidenced by a resolution in writing, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.
(Ord. 1719 § 1, 2010)

§ 18.08.060 Additional excluded uses.

Uses other than those specifically mentioned in this title as uses excluded from any zone may be excluded therefrom; provided, that such uses are in the opinion of the planning commission and city council, as evidenced by a resolution in writing, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.
(Ord. 1719 § 1, 2010)

§ 18.08.070 Nonconforming buildings and uses.

The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of the ordinances codified in this title.
A. 
Any such nonconforming building or structure may be continued and maintained provided that there is no increase or enlargement in usable floor area or intensification of the building/structure as determined by the director of community development.
B. 
Any site or parcel which is nonconforming to the development standards as established in this title, unless becoming nonconforming as a result of public improvement requirements, may be continued and maintained provided that there is no increase or enlargement in usable floor area or intensification of use of the site as determined by the director of community development. However, any site subject to discretionary review by the planning commission or city council shall be brought into compliance with all current code standards that apply to the extent physically possible as determined by the planning commission.
C. 
Any such nonconforming use may be maintained and continued; provided, that there is no increase or enlargement of the area, space or volume, occupied or devoted to such nonconforming use, except as otherwise provided in this title.
D. 
Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
E. 
Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use which use is disconnected for a period of one year or more, shall not again be used or occupied for a nonconforming use.
F. 
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification.
G. 
In all "R" zones, every nonconforming building or structure which was designed, arranged or intended for a use not permitted in the R zones, shall be completely removed, or altered and converted to a conforming building, structure and use when such buildings or structures have reached, or may hereafter reach, the age of forty years, computed from the date the building was erected; provided, however, that this regulation shall not become operative until ten years from the effective date of Section 16.05 of Ordinance 195.
H. 
Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this title becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto; and provided further, that all such nonconforming signs, billboards, commercial advertising structures or statuary, and their supporting members, shall be completely removed from the premises as stated in Section 18.23.110.
I. 
The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures or uses, the period shall be computed from the date of such reclassification or change.
(Ord. 1719 § 1, 2010; Ord. 1730 § 1, 2011; Ord. 1852, 12/4/2023)

§ 18.08.080 Buildings under construction.

Any building or structure for which a building permit has been issued prior to the effective date of any change to this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty days after the issuance of the permit and diligently prosecuted to completion.
(Ord. 1719 § 1, 2010)

§ 18.08.090 Reconstruction of damaged nonconforming buildings.

Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title, wherein the expense of such reconstruction does not exceed fifty percent of the fair market value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one building permit, started within a period of one year from date of damage and diligently prosecuted to completion.
(Ord. 1719 § 1, 2010)

§ 18.08.100 Closing of automobile service station.

In the event that a service station is closed and not operated for a period of one hundred eighty consecutive days, the director of planning and community development shall notify the property owner and the oil company last occupying the site that the conditional use permit shall become null and void unless application for an extension of time is made to the planning commission within thirty days. The planning commission shall review any requests for extension as provided in Section 18.66.090. If no extension of time is requested, or the planning commission denies an extension of time for the conditional use permit, the director of planning and community development shall require the removal of all pumps, tanks, pump islands, signs, canopies and structures under the provisions of Chapter 18.08 of this code and Part 2, Title 19, Chapter 2, Code of Civil Procedure, state of California, Section 731, et seq. If the service station site is utilized for a use other than gasoline sales, all tanks and pumps shall be removed.
(Ord. 1719 § 1, 2010)

§ 18.08.110 Prohibiting land uses that contravene state or federal law.

No land, building, structure or premises shall be used, designed, moved, altered, added to, enlarged, or intended to be used for any purpose or in any manner other than a use listed in this title, or amendments thereto, as permitted in the district in which such land, building, structure or premises is located; and no land, building, structure, or premises shall be permitted to be used for any purpose prohibited by federal, state, or local law or that would be in conflict with the Constitution and laws of California or the United States.
(Ord. 1746 § 1, 2013)

§ 18.08.120 Administrative remedy-Deviation from development standards.

A. 
The director of community development may grant a deviation from any development standard within any zone if it is determined that such deviation improves the project design and does not exceed ten percent of the standard.
B. 
Application. Applications for administrative remedy, deviation of development standards shall be made in writing to the director of community development through the administrative adjustment application process. The fee for such action shall be that established within the city of La Habra master fee schedule.
C. 
Time Limit. The administrative adjustment shall expire and become null and void within twelve months after date of approval if not utilized.
D. 
Extensions. A request for an extension shall be made in writing to the director of community development prior to the expiration of the administrative adjustment. A deviation of development standard administrative adjustment may be extended for one additional year.
E. 
Limitations. A deviation may not be granted if the deviation would result in any changes to classification of land use or density.
F. 
Decisions and Appeals. The director shall issue a written determination within thirty days of receipt of a completed deviation of development standard administrative adjustment application. Within fourteen working days of the date the director issues a written determination, any person aggrieved or affected by the decision may appeal such determination in writing to the planning commission or to the city council, as applicable.
(Ord. 1727 § 3, 2011)

§ 18.08.130 Discretionary permits applications-Expiration.

Any application for a discretionary permit, such as design review, conditional use permit, tentative map, zone variance, planned unit development, etc., shall become null and void within six months after date of the project having been deemed initially incomplete. An extension of six months may be approved by the director of community and economic development upon the submittal of a continuance request fee, as per the fee schedule, to cover the costs of extending the application.
(Ord. 1748 § 3, 2013)

§ 18.09.010 Purpose.

The purpose of these objective design standards is to provide the public, building and design professionals, and decisionmakers with objective criteria for multi-unit residential development and mixed-use development in the city. The intent is to provide clear design direction that enhances an area's unique character and sense of place, allows design flexibility, and promotes construction of new housing in the city while ensuring a high-quality living environment.
(Ord. 1854, 12/18/2023)

§ 18.09.020 Definitions.

See Chapter 18.04, Definitions.
(Ord. 1854, 12/18/2023)

§ 18.09.030 Applicability and review.

A. 
These standards shall be applicable to all multi-unit residential and mixed-use development in the city, as allowed by the base zone, unless the property is within a specific plan, overlay, and/or a planned unit development that already implements design standards, in which case those standards shall prevail.
B. 
These objective design standards shall also apply to eligible multi-unit residential developments and mixed-use developments as permitted under Chapter 18.84 (Multi-Unit Residential and Mixed-Use Development Ministerial Review Process).
C. 
These standards shall also apply to new additions to existing conforming and non-conforming multi-unit residential and mixed-use developments.
D. 
All new development, alterations, and expansions of multi-unit residential and mixed-use projects shall be processed under the applicable entitlement application(s) and shall be subject to the findings applicable to such entitlement(s).
(Ord. 1854, 12/18/2023)

§ 18.09.040 General standards.

The following are general standards that shall be applicable to new multi-unit residential and mixed-use development:
A. 
Site Planning.
1. 
Pedestrian walkways at a minimum width of three feet shall be provided from unit entries to the public sidewalk.
2. 
Loading spaces on corner lots must be accessed from the side corner street as defined under Chapter 18.04 (Definitions).
B. 
Orientation. If the site is adjacent to a single-unit dwelling residential zone, upper level windows or balconies shall not have a direct line-of-sight into adjacent units. This can be accomplished through: step backs of upper stories; window placement; use of clerestory windows, glass block or opaque glass; or mature landscaping within the rear or side setback areas.
C. 
Entries.
1. 
Building entries shall connect to a public street, parking areas, and publicly accessible open spaces using pedestrian pathways and/or sidewalks. For larger sites with multiple buildings, building entries shall be oriented to face internal open spaces, paseos, and recreation amenities.
2. 
Building entries along street frontages shall be at the same ground level as the adjacent sidewalks to minimize the need for external steps and external Americans with Disabilities Act (ADA) ramps at public entrances.
D. 
Frontages.
1. 
Multi-Unit Residential.
a. 
Unit garages shall not be permitted along public street frontages.
b. 
Projecting elements on upper floors may project up to three feet from the exterior wall, but shall not project into a required fire lane and/or extend over a public right-of-way.
2. 
Mixed-Use.
a. 
All ground floor tenant spaces that have street frontage shall incorporate storefront entrances along the façade fronting a street.
b. 
All building façades with street frontage shall have a glazed opening every twenty-five feet, at the minimum.
c. 
Windows and/or glass doors shall cover at least fifty percent of the first-floor street elevations.
d. 
At least twenty-five percent of the surface area of each upper floor façade shall be occupied by windows.
e. 
A building entrance shall include at least two of the following items:
i. 
Projecting awnings or canopies above an entry (covered entry).
ii. 
Varied building mass above an entry, such as a tower that protrudes from the rest of the building surface.
iii. 
Architectural elements, such as columns, porticos, overhanging roofs, and ornamental light fixtures.
iv. 
Projecting or recessed entries or bays in the façade that include ridged canopies, contrasting materials, crown molding or decorative trim.
v. 
Varied rooflines or articulation in the surface of the subject wall.
f. 
Projecting elements shall comply with the provisions of the base zone as set forth in this title. Projecting elements shall not encroach into a required fire lane and/or extend over a public right-of-way.
g. 
Development with retail, commercial, community or public uses on the ground floor shall have a clear floor-ceiling height of a minimum of fifteen feet.
h. 
The minimum height for awnings or marquees is eight feet above finished grade and the maximum height for awnings or marquees is twelve feet above finished grade; except as otherwise required in the building code approved by the city. Awnings shall not be placed above the floor plate height.
i. 
If the front façade is set back from the public sidewalk, a paved walkway from the front façade shall be provided that connects to the public sidewalk.
3. 
Live-Work/Office Fronts.
a. 
The primary access points on the ground floor elevation level shall be at the same elevation level of the sidewalk to minimize the need for external steps and external ADA ramps at public entrances.
b. 
All ground floor tenant spaces that have street frontage shall have entrances on a façade fronting a street. All other ground floor uses may have a common lobby entrance along the front façade or private entrances along other façades.
c. 
Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a façade fronting a street.
d. 
At least forty percent of the surface area of the ground floor façade shall be occupied by display windows or translucent panels.
e. 
At least twenty-five percent of the surface area of each upper floor façade shall be occupied by windows.
f. 
Projecting elements shall comply with the provisions of the base zone as set forth in this title. Projecting elements shall not encroach into the required fire lane or extend over the public right-of-way.
g. 
The minimum height for awnings or marquees is eight feet above finished grade and the maximum height for awnings or marquees is twelve feet above finished grade; except as otherwise required in the building code approved by the city. Awnings shall not be placed above the floor plate height.
h. 
If the front façade is set back from the public sidewalk, a paved walkway from the front façade shall be provided that connects to the public sidewalk.
E. 
Roof.
1. 
The roof material of a building shall include one of the roof materials listed under the specific architectural style of the building, as set forth in the subsections below.
2. 
Roof forms and roof lines shall be broken into a series of smaller building components when viewed from the street. Long, linear unbroken roof lines shall not exceed fifty feet.
F. 
Windows.
1. 
Windows shall be designed using a window style listed under the specific architectural style of the building, as set forth in the subsections below.
2. 
When utilizing functional or decorative shutters, the shutter shall be at least one-half the width of the window for paired shutters, or must be the same width as the window for a single shutter.
3. 
A minimum of one window from each residential unit shall be located to overlook a landscaped private or common open space area.
G. 
Materials.
1. 
Glossy and/or reflective colors and materials are prohibited.
2. 
Multi-unit developments consisting of more than five buildings shall provide a minimum of two distinct color schemes. A single-color scheme shall be dedicated to no less than forty percent of all residential buildings.
3. 
Multi-unit developments consisting of ten or more buildings shall provide a minimum of three distinct color schemes. The number of buildings in a single-color scheme shall be no less than thirty percent.
4. 
Changes or transitions in façade treatment, such as veneers or textured materials, shall wrap around the corners of the building and extend at least six feet beyond the corners, or terminate at the nearest window or door.
5. 
Affordable units and market rate units within the same development shall be constructed of the same materials and details such that the units are not distinguishable from one another.
H. 
Vents and Exhaust.
1. 
All wall-mounted utility elements shall be located along the sides and rear of a building to ensure they are concealed from public view.
2. 
All flashing, sheet metal vents, exhaust fans/ventilators, and meter boxes shall be painted to match the building wall material and/or color.
I. 
Equipment and Utilities.
1. 
Rooftop equipment which cannot be concealed within the architecture of the building shall be completely screened from view behind a parapet wall or through the use of architectural screens. Architectural screens must have the same façade treatment as the structure.
2. 
All utility equipment shall be located outside of any pedestrian path-of-travel walkway. All utility equipment shall be placed adjacent to alleyways, within parking areas, rear or side yards, or building "notch-outs" and screened from public view.
3. 
If ground-mounted mechanical equipment cannot be placed at the rear side of a building away from the street frontage, it shall be either placed on the ground and screened with landscape or placed on the roof and screened with architectural materials such as roof or parapet consistent with the overall architectural style.
4. 
All electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room. If a utility room is not feasible, then all utility equipment shall be designed as an integral part of the building development, placed adjacent to alleyways, within parking areas, or within rear or side yards, and screened from public view.
5. 
Trees and shrubs shall be placed a minimum of five feet away from water meter, gas meter, or sewer laterals; a minimum of ten feet away from utility poles; and a minimum of three feet away from fire hydrants and sprinkler and standpipe connections, unless another dimension is approved by the fire department.
J. 
Outdoor Lighting.
1. 
The style of lighting fixtures shall the be same or similar to the building's design and architectural style.
2. 
Building entrances and street numbers shall be illuminated to be visible from the street.
3. 
Building mounted security lighting fixtures shall not project above the first floor or the fascia of a single-story building. The lighting fixtures shall be hooded and face downward. The light shall not shine or cause glare onto adjacent properties.
4. 
All exterior lighting shall be dark sky compliant, and designed, located and lamped to prevent over lighting, energy waste, glare, and light trespass.
K. 
Walls and Fences.
1. 
The style of walls shall be the same or similar to the architectural style of the project.
2. 
Wall materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, and steel framing. Plain concrete block walls (i.e. precision block) and chain link fencing with inserts shall not be used as wall materials.
3. 
Wall caps shall be incorporated as a horizontal design element at the top of walls and shall not exceed four inches in height.
4. 
All exterior perimeter walls located along public streets shall have an offset consisting of a minimum of five feet deep for every fifty linear feet to seventy-five linear feet of the wall length, with a minimum of eighteen inches deep landscape in front of the wall or incorporate pilasters every forty feet to sixty linear feet of the wall length, with a minimum of three feet of landscape in front of the wall.
L. 
Trash Enclosures.
1. 
Trash enclosures must be located away from building fronts and major entries, and screened from view in fixed enclosures.
2. 
Trash enclosures shall not block or encroach into circulation drives near loading areas or conflict with parking.
3. 
Vines/hedges shall be placed on exposed elevations to deter graffiti and blend structure into the landscape.
4. 
Enclosures shall be separated from adjacent parking stalls with a minimum two-foot-wide planter area.
5. 
A pedestrian walkway shall be provided to all trash enclosures.
M. 
Parking.
1. 
All end parking stalls shall be adjacent to landscape planters with a twelve-inch step out.
2. 
Parking shall be connected to all building entrances by means of internal pedestrian walkways.
3. 
Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. Landscaping for screening purposes shall be no less than three feet tall.
4. 
Parking and loading areas shall be screened from an adjacent residential property by a wall, fence, or evergreen, as required by this code.
5. 
Garage door windows or architectural detailing shall be consistent with the main dwelling.
6. 
The exterior elevations of parking structures shall include textured concrete, planters or trellises, or other architectural treatments to minimize the appearance of blank concrete façades.
7. 
The parking areas of sloped floor parking structures shall not exceed a grade of five percent as measured across the width of a ninety-degree parking stall. The grade of a straight internal ramp shall not exceed fifteen percent. The grade of a circular ramp shall not exceed twelve percent as measured at the outside ramp wall.
8. 
A subterranean or parking structure must be screened from the street.
N. 
Electric Vehicle (EV) Charging Stations.
1. 
Electric vehicle station installation and equipment shall be consistent with applicable rules and regulations in CALGreen Building Standards Code and California Building Code Chapters 11A and 11B, as said codes are amended from time to time.
2. 
Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operation shall be included if it has time limits.
3. 
Charging station equipment mounted on pedestals, light posts, bollards or other devices shall be a minimum of twenty-four inches clear from the face of curb.
4. 
Charging station outlets and connector devices shall be no less than thirty-six inches and no higher than forty-eight inches from the top of surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords.
5. 
When the electric vehicle charging station space is perpendicular or at an angle to curb face and charging equipment, equipment protection, such as wheel stops or concrete-filled steel bollards, shall be used.
O. 
Private Open Space.
1. 
Private usable open space shall be accessible from common habitable room or hallway of the unit.
2. 
Ground level private open spaces shall be screened at a minimum height of four feet by use of plant materials, solid walls, or building surface.
P. 
Common Open Space.
1. 
Primary common open space shall not be located at an extreme edge of the property or dispersing smaller less usable areas.
2. 
In projects consisting of less than ten units, the common open space shall have a width and depth of at least ten feet.
3. 
Open space areas shall not be located directly next to arterial streets, service areas, or adjacent commercial development to ensure they are sheltered from the noise and traffic of adjacent streets or other incompatible uses unless it is secured by fencing and/or walls in conjunction with landscaping that complies with this code.
4. 
All common open spaces shall include seating and lighting. Site furniture shall use graffiti-resistant material and/or coating and skateboard deterrents to retain the site furniture's attractiveness.
5. 
All newly constructed residential projects shall include a minimum of one active recreational amenity. The amenity can consist of the following:
a. 
Clubhouse;
b. 
Outdoor eating area that includes a barbeque and shaded sitting area;
c. 
Swimming pool at a minimum size of fifteen feet x thirty feet;
d. 
Tennis, basketball or racquetball court;
e. 
Gym facility;
f. 
Children's playground at a minimum size of six hundred square feet;
g. 
Sauna or jacuzzi;
h. 
Community garden;
i. 
Other recreational amenities deemed adequate by the director.
6. 
For projects consisting of more than thirty units, the project shall include at least one child play area with a minimum dimension of one hundred fifty square feet. All play areas shall be located away from high automobile traffic and shall be situated for maximum visibility from the dwelling units.
Q. 
Rooftop.
1. 
Parapet shall be capped with precast treatment, continuous banding, or projecting cornices, dentils, or similar edge treatment and shall match the material used on the building façade.
2. 
When a rooftop garden/deck is proposed, the following requirements must be met:
a. 
The rooftop garden shall be accessible to residents of all dwelling units on the parcel, unless the rooftop garden/deck only has a direct connection to an individual unit.
b. 
At least fifteen percent but no more than twenty-five percent of the rooftop shall be landscaped with raised beds for gardening, stormwater planters, or other landscaping. All required landscaped areas should be equipped with automatic irrigation systems and be properly drained.
c. 
Permanent fixtures associated with the useable open space, such as trellises, shade structures, furniture, and furnishings such as planters, lighting and heaters, shall not exceed the building height limit by more than eight feet.
d. 
The rooftop garden/deck shall match the architectural style of the building.
e. 
The rooftop garden/deck is not required to be accessible to commercial tenants of a mixed-use development.
R. 
Landscaping.
1. 
Landscaping shall be provided for all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or open space.
2. 
Landscape planters shall be provided throughout the development.
3. 
A three-foot planter with fifteen-gallon hedges or a five-foot planter with twenty-four-inch box trees shall be placed along the interior sides and rear perimeter of the project.
4. 
Projects shall utilize native California and drought-tolerant plants to ensure compliance with the city's Model Water Efficient Landscape Ordinance (MWELO).
(Ord. 1854, 12/18/2023)

§ 18.09.050 Building types.

A. 
Townhomes and Plexes.
1. 
Townhomes and plexes typically include the following design features. Specific requirements are set forth in the subsections below.
a. 
Driveway and alley loaded garages.
b. 
Each unit has an attached garage.
c. 
A primary entrance(s) oriented to the street/driveway.
d. 
A covered porch or covered recess entry is required for each unit.
2. 
Building Mass.
a. 
Townhomes.
i. 
The maximum building length shall be one hundred fifty feet or six units, whichever is less.
ii. 
There shall be one entrance at least every fifty feet.
iii. 
Garage parking may be front-loaded or rear-loaded, but shall be entered from alley.
iv. 
Primary elevations (façades) shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building. Along the vertical face of a structure, such features shall occur at a minimum of every thirty-five feet and on each floor shall contain at least two of the following features:
(A) 
Recess (e.g., deck, patio, courtyard, balcony, garage, entrance, or similar feature) that has a minimum depth of four feet;
(B) 
Extension (e.g., floor area, deck, porch, bay window, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or
(C) 
Offsets of façade or roof elevation of two feet or greater.
v. 
The vertical massing of buildings shall be articulated to express each individual unit.
vi. 
The primary entry shall not directly face another unit's garage door.
vii. 
A covered porch or covered recess entry is required for each townhouse, with a minimum depth of five feet.
viii. 
Rooflines shall be vertically articulated at least every fifty feet along the street frontage, through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, or varying roof height and/or form.
b. 
Plex.
i. 
Alley or courtyard shall provide access to units and garages.
ii. 
There shall be one entrance at least every fifty feet.
iii. 
The maximum elevation of first inhabited level shall be thirty inches above adjacent sidewalk.
iv. 
Primary elevations (façades) shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of uninterrupted building. Along the vertical face of a structure, such features shall occur at a minimum of every thirty-five feet and on each floor shall contain at least two of the following features:
(A) 
Recess (e.g., deck, patio, courtyard, balcony, garage, entrance, or similar feature) that has a minimum depth of four feet;
(B) 
Extension (e.g., floor area, deck, porch, bay window, patio, entrance, or similar feature) that projects a minimum of two feet and runs horizontally for a minimum length of four feet; and/or
(C) 
Offsets of façade or roof elevation of two feet or greater.
v. 
The vertical massing of buildings shall be articulated to express each individual unit.
vi. 
Garage parking shall be rear-loaded or detached.
B. 
Garden.
1. 
Garden building types include the following design features. Specific requirements are set forth in the subsections below.
a. 
Open-air stairways.
b. 
Surface parking or detached garage.
c. 
No private driveway.
d. 
Primary entrance(s) oriented to common open space or courtyard.
2. 
Building Mass.
a. 
Buildings shall be arranged so that no fully enclosed, interior court is formed.
b. 
At a minimum, a wall break of three feet in depth by five feet in length shall be provided on buildings along a street frontage (private or public), through the use of varying setbacks, building entries and recesses, or structural bays for every twenty feet of building length.
c. 
For buildings longer than sixty feet in building length, there shall be a plane-break every twenty feet along the façade comprised of an offset of at least five feet in depth by ten feet in length, through the use of varying setbacks, building entries and recesses, or structural bays.
d. 
Structures with three or more stories shall use trim, awnings, eaves, ornamentation, or a combination of complementary colors on the upper floors.
e. 
Walls that are blank (i.e., walls without doors, windows, or landscaping treatments) shall span no more than ten feet in length.
f. 
Parking lots shall be placed to the side or rear of buildings. There should be no vehicular parking between building fronts and the public right-of-way.
C. 
Wrap.
1. 
Design Features. Wrap building types include the following design features. Specific requirements are set forth in the subsections below.
a. 
Multilevel parking structure.
b. 
Residential units and/or retail "wrapping" around an above-grade parking structure.
c. 
Private open space provided within an individual unit.
2. 
Building Mass.
a. 
Multi-Unit Residential.
i. 
For every twenty feet of building length, there shall be a plane-break along the façade comprised of an offset of at least three feet in depth by five feet in length, through the use of varying setbacks, building entries and recesses, or structural bays.
ii. 
Where parking structures are planned, the street building frontage shall be composed of active uses that screen the podium parking structure.
iii. 
Residential ground floor uses in multi-unit buildings, other than accessible units, shall be no more than four feet above the public sidewalk grade, if the setback is fifteen feet or less.
iv. 
At least one elevator shall be provided in each multi-floor building containing twelve or more attached units, where some of those units have primary accesses only from the third-story or higher stories.
b. 
Mixed-Use.
i. 
Building façades shall have a glazed opening at least every twenty-five feet.
ii. 
The minimum vertical clearance between the ground or street level and the encroachment should be twelve feet.
D. 
Podium.
1. 
Design Features. A podium building is a building with residential units directly above with a garage podium and/or below grade garage.
2. 
Building Mass.
a. 
Each street-facing façade exceeding thirty feet in length shall include a three-foot wall indentation for every fifteen feet of the façade length.
b. 
Each street-facing façade exceeding fifty feet in length shall modulate a minimum of twenty-five percent of the area above the first story. This modulation shall be between three feet and twelve feet in depth from the primary façade plane. The "primary façade plane" is defined as the vertical plane with the greatest surface area above the ground floor.
i. 
Modulation is not required to be continuous or open to the sky, and may be recessed or projected.
c. 
Buildings over three stories adjacent to low density residential shall step back the fourth floor and above by a minimum of fifteen feet. Buildings over four stories shall step back the fifth floor and above by a minimum of fifteen feet.
d. 
Residential ground floor uses in multi-unit buildings, other than accessible units, shall be no more than four feet above the public sidewalk grade, if setback is fifteen feet or less.
e. 
For mixed-use projects, the ground floor elevation shall include the following:
i. 
A line of awnings or canopies over ground floor storefronts or amenity space windows extending at least seventy-five percent of the elevation width.
ii. 
Unobstructed transparent glass storefronts for at least seventy-five percent of the elevation width.
f. 
The cap is at the top of the building and shall include at least one of the following:
i. 
If the building has a parapet wall, a cornice at a depth of at least twelve inches over the wall below;
ii. 
If a building has a pitched roof, an eave overhang of at least two feet;
iii. 
A building step-back of at least three feet from the main wall plane of the story below;
iv. 
A change in exterior cladding material at the top story that is different than the story below, effectively using the top story as a wall cap.
(Ord. 1854, 12/18/2023)

§ 18.09.060 Architectural styles.

A. 
The architectural style standards shall be coordinated with the building types.
B. 
Any residential project with more than sixteen primary residential buildings shall include more than one architectural style.
C. 
Each multi-unit residential and mixed-use project shall be required to be designed in compliance with the architectural styles set forth in this section.
1. 
Spanish Colonial Revival. Derived from Spanish/Mediterranean and early Californian influences, these styles emerged in the late 19th and early 20th centuries. Projects a visually rich environment with allusions to regional history. Generally, Spanish Colonial Revival style buildings are asymmetrically arranged. The style features low-pitched roofs with little or no overhang covered with S Type Clay red roofing tiles. Houses are mostly wood frame with stucco siding. Arches are commonly used, especially above doors, porch entries, and main windows. Recognizable elements are shown in the accompanying diagram.
Table 18.09.060.C.1
a. 
Form and Massing.
i. 
Can include an asymmetrical façade/elevation and three or more roof planes.
ii. 
At least fifty percent of the units shall have balconies or window treatments (such as shutters or awnings).
iii. 
Mixed-use projects, projects four stories and taller and projects with more than six buildings shall include at least two of the following details:
(A) 
Two add-on projections such as verandas, arcades, balconies, and exterior stairs.
(B) 
One focal point, such as courtyard, tower, or fountain.
(C) 
Wingwall or the use of columns on the ground level.
b. 
Roof.
i. 
Roofs shall be low pitched (4:12 maximum) cross- or side-gable roofs. The pitch shall remain constant except for a veranda or arcade.
ii. 
When a flat roof is used, it shall be screened by a parapet that is an extension of the wall plane or by a modified mansard roof.
iii. 
Roofs shall be red, fired, clay tile roofs and in tile shapes, either in Spanish (S-shaped) or Mission (half-cylinder) types.
iv. 
The roof gable shall have no overhang on the rake.
v. 
At least thirty percent of the primary façade length shall have a six-inch to twelve-inch eave overhang and twenty percent shall have an overhang with greater than twelve inches with exposed rafter tails.
vi. 
Hipped roofs shall only be used in combination with gables or on a tower element.
vii. 
Shed roofs shall only be used in conjunction with verandas.
c. 
Materials.
i. 
Walls shall be stucco with either a smooth plaster or hand troweled plaster finish.
ii. 
Re-sawn wood shall be used as secondary wall material for the following and similar elements:
(A) 
Posts and exposed beams;
(B) 
Railing, spindles and grill work; and
(C) 
Shutters, window frames and doors.
iii. 
At least one wrought iron element (such as railings, gates, etc.) shall be used.
d. 
Doors and Windows.
i. 
Accent windows shall be less than twenty percent of the total window size.
ii. 
The primary façade shall include at least one arched element.
iii. 
All entrance doors shall include a banding of ceramic tile, wooden trim, molded plaster, or painted accents.
iv. 
At least two types/shapes of windows shall be used.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Entry/front porch or patio;
ii. 
Decorative tiles;
iii. 
Clay tile vents;
iv. 
Wrought iron balcony railings or support brackets;
v. 
Dark metal light fixture and hardware;
vi. 
Paired wood (or wood simulated) garage doors with iron hardware; and/or
vii. 
Stone or brick accented elements.
2. 
Craftsman. The Craftsman or California Bungalow style is derived from the influential residential style that emerged in the early 20th century out of the Arts and Crafts movement. This style is deployed to create a visually rich residential environment with allusions to regional history. As indicated in the accompanying illustrative diagram, recognizable elements include low-pitched gabled or hipped roofs, exposed rafters and beams under eaves, decorative brackets and fasteners, full- or partial-width porches and large columns or piers. Period Craftsman residences often featured exterior cladding of wood shingles or clapboard siding and details such as extended lintels and decorative lighting with geometric detailing.
Table 18.09.060.C.2
a. 
Form and Massing. The building shall include the following:
i. 
Asymmetrical façade/elevations.
ii. 
Three or more roof planes on the primary façade.
iii. 
Front-facing gable roofs.
iv. 
At least thirty percent of the street-facing units shall have balconies or porches.
v. 
Primary walls shall have two to three materials and/or colors, with no more than ninety percent of the total wall surface in one material and/or color.
b. 
Roof.
i. 
Roofs shall be low- to moderate-pitched gable or hipped roofs from 4:12 to 6:12.
ii. 
Overhanging eaves shall be a minimum eighteen inches along primary elevation with exposed rafter tails or beams.
iii. 
There shall be brackets or knee braces at gabled ends.
iv. 
Asphalt shingles (or fiber cement imitation or imitation synthetic asphalt shingles) shall be used.
c. 
Materials.
i. 
Must use brick, stone, and/or concrete blocks as accent material.
ii. 
Primary walls shall show no more than two materials along any vertical section of the building, with no more than ninety percent of the total wall surface in one material.
iii. 
Primary wall materials shall consist of dark wood shingles, clapboard siding, or fiber cement siding and natural-like materials such as arroyo stone or bricks.
d. 
Doors and Windows.
i. 
At least eighty percent of the primary windows shall have grilles.
ii. 
At least two types/shapes of windows shall be used.
iii. 
Flat wood trims (typically 4.5 inch or 5.5 inch wide) shall be utilized around the primary windows and entry doors.
iv. 
Window and door trim color shall contrast with color of walls.
v. 
Entry doors and garage doors have glass panels.
vi. 
Sliding windows are prohibited.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Stone pier and battered wood support;
ii. 
Exposed rafter tails and knee-brace brackets;
iii. 
Dormers located on the front façade;
iv. 
Second-story balcony;
v. 
Decorative attic/gable vent;
vi. 
Light fixtures that are box-shaped, with metal frame and geometric pattern;
vii. 
Chimneys that are visible at the exterior and arranged on a side elevation;
viii. 
Stained glass windows; and/or
ix. 
Gable pediments.
f. 
Mixed-use projects, projects four stories and taller, and projects with more than six buildings shall include the following additional details:
i. 
Covered front porches with tapered pillars.
ii. 
Ground level windows with muntins.
3. 
Tuscan. The Tuscan style is an interpretation of traditional Mediterranean architectural style based on precedents found in the Spanish Colonial Revival style joined by rural Italian elements. As indicated in the accompanying illustrative diagram, recognizable elements include the use of stone and stucco, light earth tones, and red tiled roofs. Classical elements such as columns and arches and decorative iron work add visual complexity. Squared towers and projections speak to Italianate references. Porches and porticoes are common, as are vertically oriented recessed windows.
Table 18.09.060.C.3
a. 
Form and Massing. The building shall include the following:
i. 
Asymmetrical arrangement of windows and design elements along primary elevation;
ii. 
Porches, porticoes and/or Juliet balconies (two-foot maximum depth);
iii. 
Recessed entries of no less than two feet in depth.
b. 
Roof.
i. 
Roofs shall be flat or low-pitched hip or gable roof (maximum 6:12 slope).
ii. 
Roofs shall contain clay tiles.
iii. 
Roofs shall include at least three roof levels.
iv. 
Large overhanging eaves (minimum twelve inches) shall be included along the primary elevation.
v. 
Eaves shall contain timber tiles.
c. 
Materials.
i. 
Buildings shall use rough-hewn stone as accent feature.
ii. 
Walls shall be flat stucco walls.
d. 
Doors and Windows.
i. 
Single or double-hung windows shall have six-over-six muntin patterns and 5.5 inch wide trim.
ii. 
If casement windows are used, they must be paired with either four-pane patterns for windows no wider than two feet each or eight-pane patterns of the same width.
iii. 
Vertically oriented rectangular or arched windows shall be arranged in asymmetrical patterns.
iv. 
Windows shall include casement or double-hung sash with flat lintels.
v. 
Windows shall be recessed three to twelve inches from outer wall on primary façade.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Juliet balconies (two feet maximum depth);
ii. 
Rafter extensions and brackets;
iii. 
Stone or stucco window/door trim;
iv. 
Rectangular or arched wooden door;
v. 
Arcade or porch at entry;
vi. 
Decorative ironwork (window grilles, railings, light fixtures, decorative planters);
vii. 
Arched windows; and/or
viii. 
Paired decorative wood shutters. Shutters shall be equal to half the width of the window. Shutter styles can either be paneled or louvered.
f. 
Mixed-use projects, projects four stories and taller, and project with more than six buildings shall include at least two of the following details:
i. 
Use of brick, stone or wood columns;
ii. 
Stucco or stone chimneys or tower;
iii. 
Wood trellis; and/or
iv. 
Arched openings and doorways at the ground level.
4. 
East Coast Traditional. The East Coast Traditional styles of multi-unit housing incorporate elements of American domestic architecture dating back to the early English and Dutch houses built in the first century of colonial settlement. These precedents have been interpreted and re-interpreted during successive waves of residential design and development over the past one hundred forty years, and presently incorporate an eclectic mixture of elements. Common characteristics of new East Coast Traditional buildings include materials such as wood and brick; front entrances accentuated with pediments and pilasters; windows with double-hung sashes and articulated lintels and sills; and porches supported by thin columns. Recognizable elements are shown in the accompanying diagram.
Table 18.09.060.C.4
a. 
Form and Massing.
i. 
Front façade shall be symmetrical.
ii. 
Front entrance shall be accentuated with wood or similar material and molding of a minimum of four inches.
iii. 
Building wall offsets shall be less than ten feet.
iv. 
Porches and balconies are allowed.
v. 
Roofs shall be side-gabled and front-gabled.
vi. 
Feature elements shall be repeated or reinforced in front façade.
b. 
Roof.
i. 
Roof shall be medium to high-pitched (minimum 4:12 slope).
ii. 
Shingles shall be asphalt shingles or synthetic slate shingles.
iii. 
If a classical entablature is to be used, it must be placed at the return of a gable end.
iv. 
Cornices shall consist of a boxed roof-wall junction.
c. 
Materials.
i. 
Cladding must be made of brick, wood, engineered wood, or vinyl siding.
ii. 
Attached townhomes shall alternate color and cladding from one unit to the next.
iii. 
Shingles shall be made of asphalt.
iv. 
Stucco is prohibited.
d. 
Doors and Windows.
i. 
At least eighty percent of windows shall either be single hung or fixed with muntin bars.
ii. 
May use window styles such as Palladian or the circle and the fan light transom panel.
iii. 
Windows shall be evenly spaced.
iv. 
Windows shall be detailed with arched or flat lintels and sills.
v. 
Bay or pop-out window must rest on a trimmed wood sill and brackets.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Paneled shutters;
ii. 
Arched window with a keystone detail;
iii. 
Cornice returns on the gable ends;
iv. 
Decorative attic vents;
v. 
Balustrades to accentuate terraces or stoops, or as railings on second floor balconies; and/or
vi. 
Dormer windows.
f. 
Mixed-use projects, projects four stories and taller, and projects with more than six buildings shall include at least two of the following details:
i. 
Front door with sidelights and arched transom;
ii. 
Moldings with applied dentils;
iii. 
Doorways framed with sidelites and transom windows; and/or
iv. 
Entrance features with wood columns or pilasters.
5. 
Farmhouse. Farmhouse is an interpretation of traditional rural residential forms and materials. As indicated in the accompanying illustrative diagram, the style utilizes elements such as vertical or horizontal wood siding, monochrome colors with contrasting accents and sparse or simple ornamentation. Roofs are typically medium to high-pitched. Minimal detailing often includes awnings, porches and wall mounted gooseneck lights.
Table 18.09.060.C.5
a. 
Form and Massing. A farmhouse building shall include the following:
i. 
Clean and straight exterior lines, geometric form;
ii. 
Asymmetrical massing with a gable at the front of the house;
iii. 
Repeating shapes and lines thorough all of the elevations;
iv. 
Gable roofs;
v. 
Incorporate farm and ranch forms inspired by barns, silos, sheds, tank houses and granary towers to the building design;
vi. 
Multiple gable and shed roof planes;
vii. 
Geometric forms, industrial materials, limited palette, and repetition;
viii. 
Covered porches and awnings to break up volumes between lower and upper floors; and
ix. 
Three or more wall planes.
b. 
Roof.
i. 
Roofs shall be high-pitched gabled roofs or shed roofs (with a minimum 6:12 slope).
ii. 
Roofs shall include intersecting gable roofs.
iii. 
Roofs shall be made of a dark gray or black asphalt shingle, metal roofs or synthetic slate shingles.
iv. 
Rooflines shall be triangular to emphasize the height of the unit.
v. 
There shall be overhangs at a minimum length of two feet above the patio and garage.
c. 
Materials.
i. 
Must use the following material: metal, wood, masonry.
ii. 
Must use siding to give texture and variation to exterior walls.
iii. 
Must use monochrome accents of doors, windows or architectural features.
iv. 
Must combine contemporary design with rustic materials.
v. 
Stucco is prohibited.
d. 
Doors and Windows.
i. 
At least sixty percent of windows shall be above two feet in height in a double hung style no wider than two feet with the height at least two times the width.
ii. 
Groupings of two or three double hung units can be applied, but are not required.
iii. 
Accent windows shall be no more than twenty percent.
iv. 
Must include four and one-half inch to five and one-half inch flat board trim on the sides and head of windows and doors.
v. 
At least sixty percent windows shall have grilles.
vi. 
Windows shall be double hung or casement windows with muntins.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Front porch with exposed wooden columns;
ii. 
Covered patio;
iii. 
Shed or gabled dormers;
iv. 
Carriage-style garage doors;
v. 
Dark shutters and window sashes;
vi. 
Use gable brackets, vents or trim; and/or
vii. 
Iron barn-style lighting.
f. 
Mixed use projects, projects four stories and taller, and projects with more than six buildings shall include at least two of the following additional details:
i. 
Metal awnings without sides;
ii. 
Gooseneck light fixtures at the entrance;
iii. 
Include windows no less than three feet by four feet in size; and/or
iv. 
Grilles on the ground level windows and doors.
6. 
Modern. Modern is a contemporary style derived from utilitarian precedents, utilizing block forms, contrasting colors and eclectic combinations of materials in modern compositions. This style projects a minimalist, clean aesthetic. Simple rectangular shapes and forms are combined within horizontal and vertical planes to create dynamic lines. Flat roofs reinforce the rectangular shapes and provide an opportunity for outdoor deck areas. Accents are simple and modest, usually taking the form of trellis elements. Recognizable elements are shown in the accompanying diagram.
Table 18.09.060.C.6
a. 
Form and Massing. A modern building must include three of the following:
i. 
An irregular, asymmetrical façade;
ii. 
Geometric shapes and clean lines;
iii. 
Rectangular shape structure;
iv. 
Straight and continuous lines; and/or
v. 
Three or more wall planes.
vi. 
Arches, ornate columns, or window shutters are prohibited.
b. 
Roof.
i. 
Roofs shall be flat or low-pitched shed roofs (maximum 4:12 slope).
ii. 
If overhangs are proposed, it must project no less than two feet from the exterior wall.
iii. 
Tile roofs are prohibited.
iv. 
May have decks or roof gardens.
c. 
Materials.
i. 
Shall use raw and natural materials like wood, concrete, metal, and glass.
ii. 
Shall use traditional materials (such as stucco, wood, brick and stone) as an accent.
iii. 
Building façades shall have a minimum of two materials.
iv. 
Shall use color blocks to emphasize geometric forms and break down massing elements.
d. 
Doors and Windows.
i. 
At least thirty percent of the units in each building shall include at least one large window (i.e., floor-to-ceiling window, sliding windows, picture window) or unadorned glass door.
ii. 
Windows and doors shall be rectangular shaped.
iii. 
At least forty percent of the primary façade shall be glass.
iv. 
Windows or balconies shall wrap around a corner of the building.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Metal balcony railings;
ii. 
Picture windows;
iii. 
Floor-to-ceiling glass doors;
iv. 
Roof deck; and/or
v. 
Trellis shade structures.
f. 
Mixed-use projects, projects four stories and taller, and projects with more than six buildings shall include at least two of the following additional details:
i. 
Metal awnings;
ii. 
A mold branding on the façade no less than twelve inches;
iii. 
Floor-to-ceiling glass windows on the ground level; and/or
iv. 
An overhang no less than three feet with exposed wood or steel frame.
7. 
French - Influence. Residential architecture in the French style draws on that country's long tradition of domestic building forms. As indicated in the accompanying illustrative diagram, multi-unit variants of the French style typically display a symmetrical façade dominated by a steeply-pitched hipped or mansard roof with dormers. This variant exhibits formal renaissance detailing, distinguishing it from the asymmetrical varieties that draw on French farmhouse, cottage or chateau precedents. Brick, stone and stucco cladding are typical. Stylistic details often include segmental arches around doors and windows, quoins at corners, and open terraces, porches and balconies with balustrades or metal railings.
Table 18.09.060.C.7
a. 
Form and Massing. A French building shall include the following:
i. 
Symmetrical organization of compositional elements along the same elevation.
ii. 
At least thirty percent of the upper units shall have balconies.
iii. 
High-pitched roof lines above 5:12.
iv. 
If more than one chimney is proposed, they shall be symmetrical along the sides of the building and must have the same height.
v. 
Recessed entrance no less than two feet.
vi. 
At least thirty percent of windows on the primary façade shall be of a French casement window style.
vii. 
At least two dormers on each building must be used.
b. 
Roof.
i. 
Roof shall be hipped or mansard roof with dormers.
ii. 
For buildings with more than six units per floor or taller than three stories, mansard roof shall be primary roof form.
iii. 
Roofs shall be high-pitched (minimum 6:12 slope).
iv. 
Eaves shall not project more than twelve inches.
v. 
Roof materials shall be tile, slate, or asphalt shingle.
vi. 
Roof molding shall be no wider than four inches.
c. 
Materials.
i. 
Cladding shall be brick, stone, or smooth stucco.
ii. 
Shingles shall be made of asphalt.
iii. 
Shall use brick, stucco, stone, or half-timbering trim.
d. 
Doors and Windows.
i. 
Windows shall be vertically oriented rectangular windows arranged in symmetrical patterns.
ii. 
Shall use lintels and sills.
iii. 
Windows shall be recessed no deeper than three inches from the outer wall.
iv. 
At least thirty percent of windows shall be French window designs.
v. 
Windows shall be arched along the front elevation.
vi. 
Windows shall be double-hung or casement with double or triple groupings.
e. 
Decorative Details. All residential projects shall include at least four of the following details:
i. 
Entry accents with real or faux stone;
ii. 
Horizontal molding accents along all sides of the building, no wider than four inches;
iii. 
Arched dormers or doors;
iv. 
Stone chimneys;
v. 
Rounded towers with conical roofs; and/or
vi. 
Windows surrounded by stone quins, pilasters, molding or trimming.
f. 
Mixed-use projects, projects four stories and taller, and projects with more than six buildings shall include at least two of the following additional details:
i. 
French doors with shutters;
ii. 
Juliet balconies;
iii. 
Open terraces, porches and balconies with balustrades or metal railings; and/or
iv. 
Quoins at corners.
(Ord. 1854, 12/18/2023)

§ 18.09.070 Waivers.

A. 
Up to four waivers to the applicable objective design standards may be granted, subject to the approval of the director through the administrative adjustment process. The waiver process set forth in this section is a separate process from the concessions, incentives, reductions, or waivers pursuant to Chapter 18.80 (Density Bonus and Other Affordable Housing Incentives) of this title and/or other applicable state laws. However, if the concession, incentive, reduction, or waiver is for an objective design standard, it will be counted as one of the four allowed waivers. The request must be made in writing as part of the application for the proposed project. The written justification for a waiver(s) must identify the design standard(s) that is requested to be waived and how the request meets the waiver findings listed below.
B. 
Waiver Findings. The director will consider the request and information provided and make findings to approve or deny the request. A waiver shall be granted only if all the following findings are made:
1. 
The proposed project meets the intent of the design standard under consideration, or a similar design standard is implemented in substitution.
2. 
The project meets the allowed density with the proposed waiver(s).
(Ord. 1854, 12/18/2023)

§ 18.10.010 Intent and purpose.

A. 
The intent of this chapter is to provide flexibility in the application of the city's zoning and building code requirements for individuals with a disability when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with fair housing laws and promote housing opportunities for residents of La Habra.
B. 
The purpose of this chapter is to establish a procedure for individuals with disabilities to make requests for a reasonable accommodation in the application of the city's land use, zoning and building laws, rules, policies, practices and procedures pursuant to fair housing laws to ensure equal access to housing.
(Ord. 1853, 12/18/2023)

§ 18.10.020 Definitions.

See Chapter 18.04, Definitions.
(Ord. 1853, 12/18/2023)

§ 18.10.030 Notice to the public of availability of accommodation process.

Notice of the city's reasonable accommodation procedures along with the application form shall be displayed at public information counters of the planning and building and safety divisions and on the city's website. City employees shall direct individuals to such documents whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
(Ord. 1853, 12/18/2023)

§ 18.10.040 Requesting a reasonable accommodation.

A. 
In order to make housing available to an individual with a disability, any eligible person, as defined in this title, may request a reasonable accommodation in the city's land use, zoning, or building laws, rules, policies, practices and/or procedures by filing an application with the department.
B. 
The application shall include the following information:
1. 
Name and address of the individual(s) requesting reasonable accommodation;
2. 
Name and address of the property owner(s);
3. 
Address of the property for which accommodation is requested;
4. 
Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
5. 
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
C. 
If necessary to reach a determination on the request for reasonable accommodation, the city may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.
D. 
Any information submitted as part of a reasonable accommodation request shall be kept confidential, shall be retained in a manner so as to respect the privacy rights of the applicant, and shall not be made available for public inspection.
E. 
If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
F. 
No filing fee shall be required.
(Ord. 1853, 12/18/2023)

§ 18.10.050 Timing of request.

A. 
A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.
B. 
If the project for which the request is being made also requires one or more discretionary approvals (including, but not limited to, design review, conditional use permit, variance, or subdivision), then, to the extent feasible, the applicant shall file the request for reasonable accommodation together with the related application for discretionary approval.
(Ord. 1853, 12/18/2023)

§ 18.10.060 Review procedures and decision on application.

A. 
The chief building official shall have the authority to consider acts or request pertaining to the California Building Code. The planning manager or his/her designee shall have the authority to consider acts or request pertaining to this title. For purposes of this chapter, the chief building official and the planning manager or his/her designee will be referred to as "city staff".
B. 
City staff shall have the authority to consider and act on requests for reasonable accommodation and shall make reasonable accommodations in laws, rules, policies, practices, procedures, or services when those accommodations may be necessary to afford individuals with disabilities equal opportunities to use and enjoy housing opportunities.
C. 
City staff shall issue a written determination on a request for reasonable accommodation within a timely manner but no later than thirty days of the date of receipt of a completed application and may: (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions of approval; or (3) deny the request. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the applicant by first class mail or in a format reasonably requested by the applicant.
D. 
If necessary to reach a determination on the request for reasonable accommodation, city staff may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
E. 
For requests for a reasonable accommodation involving related applications for discretionary approval, the application shall be processed and considered separately from any discretionary elements of the same proposal. If the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approval(s), a "provisional decision" may be granted within the thirty-day time frame and shall become final at the same time as the discretionary approval(s). The applications for the discretionary approval(s) shall be separately considered and shall be subject to the procedures specified in the applicable chapter of this title. The appropriate decision-making body shall act on all discretionary permits, but not the reasonable accommodation request.
(Ord. 1853, 12/18/2023)

§ 18.10.070 Required findings.

A. 
In order to grant a request for a reasonable accommodation, city staff shall make the following findings:
1. 
The housing which is the subject of the request for reasonable accommodation will be used by one or more individuals with disabilities protected under the fair housing laws.
2. 
The request for reasonable accommodation is necessary to make specific housing available to one or more individuals with disabilities protected under the fair housing laws.
3. 
The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.
4. 
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.
If, based upon all of the evidence presented to city staff, the above findings may reasonably be made, city staff shall grant the requested reasonable accommodation.
B. 
None of the findings set forth in this section are intended to supersede any other findings which may be required for a discretionary permit that is reviewed concurrently with the request for reasonable accommodation.
(Ord. 1853, 12/18/2023)

§ 18.10.080 Finality of decision.

A. 
For requests for reasonable accommodations not involving related land use permits, a decision by the chief building official shall become final ten calendar days after the date of decision.
B. 
For requests for reasonable accommodations involving related land use permits, a decision by the planning manager, or his/her designee, shall become final ten calendar days after the date of decision on the related land use permit or the date of denial of the provisional permit, whichever is later.
C. 
In the event that the last date of appeal falls on a weekend, holiday or when city offices are closed, the next date such offices are open for business shall be the last date of appeal.
(Ord. 1853, 12/18/2023)

§ 18.10.090 Appeals.

A. 
Within ten days of the date of city staff's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.
B. 
If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeal process is accessible.
C. 
All appeals shall contain a statement of the grounds for the appeal. Any information submitted as part of the appeal shall be kept confidential, shall be retained in a manner so as to respect the privacy rights of the applicant, and shall not be made available for public inspection.
D. 
Appeals shall be heard by the director within thirty days of filing an appeal. The director shall issue a written decision within ten days of the hearing and the decision shall be final.
E. 
Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. 1853, 12/18/2023)

§ 18.10.100 Waiver of time periods.

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.
(Ord. 1853, 12/18/2023)

§ 18.12.010 Location of dwelling.

Every dwelling, commercial, manufacturing or industrial building shall be on a lot having frontage upon a dedicated street. Exception: No building permits shall be issued on any lot not having frontage on a dedicated street until the applicant has applied for and secured a zone variance as per Chapter 18.76.
(Ord. 1719 § 1, 2010)

§ 18.12.020 Height of building.

No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, steeples or other structures shall exceed the height limit provided in this title as per Table 18.12.020.1. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than thirty feet above the height limit provided in this title; provided, however, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.
Table 18.12.020.1
BUILDING HEIGHT ZONE SUMMARY1
Zone
Maximum Building Height
Stories
Feet
R-1a
2 ½
35
R-1b
2 ½
35
R-1c
2 ½
35
R-2
2 ½
35
R-3
2 ½
35
R-4
4
50
R-5
4
40
R-6
4
40
R-7
5
50
MHP
2 ½
35
C-P
2 ½
35
C-R2
4
50
C-1
2 ½
35
C-2
4
50
C-2S
4
50
C-3
6
75
C-U3
M-1
6
75
Accessory buildings
2
35
1
Summary for information purposes only. Refer to specific zone requirements for code provisions.
2
Additional height provided by conditional use in C-R zone.
3
Same as adjacent zones.
(Ord. 1852, 12/4/2023)

§ 18.12.030 Accessory buildings.

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this chapter:
A. 
No accessory buildings in the any residential zones may exceed two stories, or thirty-five feet in height.
B. 
No accessory buildings in the any residential zone shall be located at a distance less than sixty percent of the depth of the lot from the front property line, or ninety feet whichever is less.
C. 
On a corner lot, no detached accessory buildings in any residential zone shall be located at a distance less than ten feet from the side street line. On a corner lot no detached garage in any residential zone shall be located at a distance less than twenty feet from the side street line when the garage door faces the street.
D. 
No accessory buildings in any residential zones, if two stories in height, shall be located nearer than five feet to any interior property line.
E. 
No accessory buildings on the rear twenty-five feet of a reversed corner lot in any residential zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.
F. 
A private garage in the R-1 and R-2 zones of not to exceed six hundred square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if connected by a roof of not less than five feet in width. Such attached garage may extend into the required rear yard for a distance of not more than fifteen feet.
G. 
A private garage may be connected to a single-unit residence with an unenclosed breezeway, and in such cases, the garage need not be considered part of the main building for purposes of maintaining the required rear yard provided, that the garage is not closer than ten feet from the main building.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019; Ord. 1853, 12/18/2023)

§ 18.12.040 Through lots.

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.
(Ord. 1719 § 1, 2010)

§ 18.12.050 Yard encroachments.

The area of the required front yard setback, except for required driveways and walks, shall be landscaped and maintained with evergreen or similar plant and lawn material at all times and shall otherwise be open and unobstructed. It is unlawful for any person to utilize the required front yard setback or the side yard on the street side of a corner lot for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing or similar items. Any yard setback that is required by this title, shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:
A. 
Cornices, canopies, carports, eaves or other similar architectural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed two feet six inches.
B. 
Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet; provided, however, that an open work railing not more than thirty inches in height may be installed or constructed on any such porch, platform or landing place.
C. 
Detached accessory buildings may occupy side and rear yards as provided in Section 18.12.030.
D. 
A patio roof may extend into a required rear yard setback no more than fifteen feet; provided, however, the patio is unenclosed on no less than two sides. For purposes of this subsection, an "enclosure" shall be a wall of solid material either transparent or opaque except that a wall of a height of three feet or less shall not be considered to constitute an enclosure.
E. 
An addition for habitable purposes into an existing single-unit structure may encroach a maximum of fifteen feet into the required rear yard setback, subject to the following provisions:
1. 
For the purposes of this chapter, an existing single-unit structure shall be one for which the certificate of occupancy was issued at least one year prior to the approval of any encroachment allowed by this chapter.
2. 
Any addition allowed by this chapter shall be deemed by the planning department of the city to be similar to and compatible with the architecture of the existing structure with particular reference to the roof line, the roof covering and the exterior wall surface.
3. 
A minimum of one thousand square feet of usable yard area as defined in this section shall be provided.
4. 
A minimum setback of ten feet from the rear property line shall be maintained.
F. 
Any motor vehicle, trailer, boat or similar items and parts may be temporarily placed on the required landscaped front yard setback for purposes of maintenance, repairs and similar activity for a period not exceeding a total of four consecutive hours and not less than twenty-four hours shall elapse between the last placement period and any subsequent placement period. Any person who violates any of the provisions of this subsection shall be guilty of an infraction.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)

§ 18.12.060 Usable yard space.

A. 
Dwelling units in any zone shall be provided with usable yard space as follows: At least one thousand square feet for one through four dwelling units plus two hundred fifty square feet for additional dwelling units or as otherwise provided in this title. Such usable yard area shall have no dimension less than fifteen feet, except that not more than twenty-five percent of the required usable yard area may have a minimum dimension of twelve feet. This area may be provided at any location on the lot except in the required front yard or in a required side yard abutting a street. Such space may be divided into not more than two separate sub areas.
B. 
The usable yard area required by this section shall not be used for parking, driveways, automobile turning areas or accessory buildings. The maximum gradient for usable yard area shall be five percent.
(Ord. 1719 § 1, 2010)

§ 18.12.070 Fences, walls and hedges.

A. 
In all residential zones no fence, wall or hedge located in the rear or side yards shall exceed a height limit of six feet. Exception: Where the rear or side yard directly abuts a minimum of a four-lane highway, an eight-foot-high block wall may be constructed along or within ten feet of the rear or side property line. This exception shall not apply if a drive approach exits within these setback areas. The maximum height of the wall shall be measured from the highest grade at the walls location. Regardless of wall or fence height or location, all graffiti shall be removed within seventy-two hours of its discovery. All damaged walls or fences shall be repaired within seven days of its damage or as approved by the chief planner.
B. 
In all residential zones no fence, wall or hedge located in the required front yard shall exceed a height of three feet.
C. 
In all residential zones no fence, wall or hedge located along the street side of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of three feet.
Exception: Where the key lot to the rear is located at a higher elevation than the reversed corner lot, such fence, wall or hedge on the lower reversed corner lot may be increased in height in equal proportion to the increase in elevation of the key lot to the rear, but shall in no case exceed a height of six feet. Such fence, wall or hedge shall not exceed a height of three feet in the required front yard of the reversed corner lot.
D. 
In all residential zones no barbed wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three feet of the lines, and no sharp wire or points shall project at the top of the fence or wall six feet or less in height.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019)

§ 18.12.080 Required walls.

Any person developing or improving land, which adjoins property, classified for a higher use, or any person constructing a building on land adjoining property classified for a higher use shall also construct or cause to be constructed a solid masonry wall in accordance with the following provisions:
A. 
In all multi-unit zone, a solid masonry wall six feet in height shall be provided between all off-street automobile parking areas located therein and all adjoining property classified for single-unit uses, except that such wall, from the front property line to a depth equal to the required front yard on the abutting R classified property, shall be three feet in height.
For purposes of this section, off-street automobile parking areas shall include private driveways and all other private ingress and egress areas in connection therewith.
B. 
In all C and M classified zones, a solid masonry wall six feet in height shall be provided between all such C and M classified property and all abutting property classified for R uses, except that such wall, from the front property line to a depth equal to the required front yard on the abutting R classified property, shall be three feet in height.
C. 
Where a wall as required by this title is constructed between properties having different grade levels, the height of such wall shall be established as follows:
1. 
Where the property classified for the heavier use is located on the lower grade level, the required wall height shall be measured from the finished grade of the lower property at the wall location, provided, that the wall shall extend not less than four above the finished grade of the higher property. In lieu of such three-foot wall extension, an approved type fence or barrier may be constructed.
2. 
Where the property classified for the heavier use is located on the higher grade level the required wall height shall be measured from the finished grade of the higher property at the wall location; provided, that such a wall does not exceed an overall height of ten feet measured from the finished grade at a lower level. Where such difference in grade levels would require a wall having an overall height greater than ten feet at least two walls shall be constructed forming a terrace or approved slope between the top of the lower wall and the base of the higher wall.
D. 
The foregoing provisions of this section shall apply only to property developed or improved after the effective date of this amendment (effective date September 2, 1960) and to property where a building construction project has commenced after the effective date of this amendment.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019; Ord. 1853, 12/18/2023)

§ 18.12.090 House trailers, trailers, boats and airplanes.

A. 
The occupancy of a house trailer, whether on wheels or a foundation, for living purposes, either temporary or permanent, other than in regularly established trailer parks, is declared to be a nuisance and is prohibited.
The phrase "house trailer" as used in the first paragraph of this subsection includes any motor vehicle, boat or other device used for living or sleeping purposes.
Exception: House trailers may be occupied for living purposes on a temporary basis outside of a regularly established trailer park for a period of time not to exceed twelve months upon the granting of a conditional use permit as set forth in this title. Such conditional use permit may be granted only if the house trailer is incidental to the primary use of the property and is to be used in conjunction with the primary approved use. Approval of such a conditional use permit is subject to site plan review by the planning commission. Such site plan shall show that the placement of the housetrailer complies with all zoning code requirements, is compatible with all existing development on the parcel and will not have a detrimental effect upon surrounding properties. No house trailer may be occupied outside of a regularly established trailer park in any residential zone.
B. 
No person shall leave or park any house trailer, travel trailer, mobile home, airplane, boat or mounted or unmounted camper upon any public street or highway between the hours of one a.m. and six a.m. of any day, or at any time upon any public property, except by special permission from the police department to allow for the loading or unloading, but not to exceed forty-eight hours.
C. 
No portion of any required front yard or side yard on the street side of a corner lot shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, garbage or trash receptacles, or building materials, except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises.
"Permanent storage," as used in this section, means parking for a period of seventy-two or more consecutive hours in the required front yard or side yard, and not less than forty-eight hours shall elapse between the last storage period and any subsequent storage period.
(Ord. 1719 § 1, 2010)

§ 18.12.100 Automobile service station-Development.

All future development of automobile service stations shall be in compliance with minimum site development standards for service stations as adopted by the planning commission and city council. The minimum site development requirements shall not become operative for an existing station for ten years from the effective date of this section, unless such station is remodeled or enlarged.
(Ord. 1719 § 1, 2010)

§ 18.12.110 Automobile service station-Operation.

A. 
The display of tires and automotive supplies shall be restricted to within five feet of the central business office, on the pump island or in an accessory building.
B. 
No vehicles shall be parked or stored upon the premises except vehicles being serviced, vehicles of employees, or service vehicles used in the operation of the station.
C. 
Sale of items not clearly incidental to the automotive industry shall not be permitted outside of a building except when dispensed from a dispenser abutting the building.
D. 
An adequate trash area shall be provided. Such area shall be equipped with trash receptacles with lids that are kept closed.
E. 
Vending machines shall not block sidewalks or passageways.
F. 
Lease or rental of vehicles or equipment shall be under conditional use permit only.
(Ord. 1719 § 1, 2010)

§ 18.12.120 Exceptions to provisions of Sections 18.12.100 and 18.12.110.

If strict interpretation of the requirements of the ordinance codified herein creates undue hardship, application for variance may be made pursuant to Chapter 18.74.
(Ord. 1719 § 1, 2010)

§ 18.12.130 Trash storage facilities.

A. 
All refuse shall be stored within trash containers, which meet city standards. Except when temporarily placed for pickup, all such containers shall be located and screened so as not to be in public view.
B. 
All nonresidential uses, as well as mobile home parks and group quarters in commercial and industrial zones shall provide trash enclosures for the purpose of screening the trash container(s) from public view, maintaining any loose debris within the enclosure, providing a permanent location for the container(s) that will not encroach upon driveways, parking, pedestrian, and emergency access areas. Exemption: Temporary uses shall not be required to provide an enclosure. All trash enclosures shall conform to the following standards:
1. 
All required trash enclosures shall accommodate, at a minimum, a three-yard refuse bin and a ninety-six-gallon refuse/recycling cart. The minimum city standard shall be fifteen feet long by six feet wide.
Anyone proposing a size different than the city standard must submit data on waste generation amounts and the reasons why a different size enclosure is appropriate. The director of public works, shall have the authority to approve trash enclosures of other sizes.
2. 
All required trash enclosures shall be constructed of masonry block or concrete tilt-up and shall be designed to be architecturally compatible with the buildings on the site.
3. 
Structural and architectural features shall be subject to approval by the planning and building departments.
4. 
Enclosures for compactors located outside of any building shall be constructed to be architecturally compatible with the buildings on site and shall be subject to approval by the planning and building departments.
5. 
The placement of the enclosures shall be in a manner which provides adequate space for pickup of both trash and recyclables.
C. 
More than one enclosure may be required, based on the size of the parcel and/or intensity of use, as determined by the director of public works.
D. 
All trash enclosures and adjacent paving shall be maintained in good condition at all times.
E. 
Upon written acceptance from the franchised agent for trash disposal, the requirement for a trash enclosure may be waived by the director of public works for a trash compactor, provided that the storage of the compactor and all trash shall be kept within the building and that the type and amount of trash will not create a public nuisance.
(Ord. 1719 § 1, 2010)

§ 18.12.140 Outdoor seating area.

A. 
Permit Requirement. Permanent outdoor seating/dining areas can be permitted for approved restaurants on private property subject to the following requirements:
1. 
Outdoor dining areas that are less than or equal to fifty percent of the restaurant's total floor area are subject the approval of an administrative adjustment.
2. 
Outdoor dining areas that are larger than fifty percent of the restaurant's total floor area are subject to the approval of a modification to a restaurant's conditional use permit.
B. 
Operational Restrictions.
1. 
Patron tables and other outdoor dining area components shall be located on the same site as the restaurant, on private property.
2. 
Approval to serve alcoholic beverages within the outdoor dining area is subject to the following:
a. 
Restaurants with a conditional use permit to serve alcoholic beverages inside the restaurant may serve alcoholic beverages in the outdoor dining area subject to the approval of an administrative adjustment if the outdoor dining area is less than or equal to fifty percent of the restaurant's total floor area.
b. 
Restaurants with a conditional use permit to serve alcoholic beverages inside the restaurant may serve alcoholic beverages in the outdoor dining area subject to the approval of a modification of a conditional use permit if the outdoor dining area is greater than fifty percent of the restaurant's total floor area.
c. 
Restaurants without a conditional use permit to serve alcoholic beverages inside the restaurant may concurrently request to serve alcoholic beverages inside the restaurant and within the outdoor dining areas subject to the approval of a conditional use permit.
d. 
New restaurants may concurrently request to serve alcoholic beverages inside the restaurant and within the outdoor dining areas subject to the approval of a conditional use permit.
3. 
The display of merchandise within the outdoor dining area is prohibited.
4. 
All proposed furnishings shall not obstruct or restrict motor vehicle lines of sight.
5. 
Applicants that request outdoor dining areas that are larger than fifty percent of the restaurant's total floor area shall prepare a parking study to analyze the on-site parking impacts, prepared by a California licensed civil or traffic engineer.
6. 
Outdoor dining areas located within the front setback or street side setback are not permitted.
7. 
Outdoor dining area components shall be arranged so as to comply with all federal, state and local laws, including, but not limited to, the Americans with Disability Act.
8. 
Access to fire hydrants, fire lanes and building entrances/exists shall not be obstructed.
9. 
Restaurant operator is required to obtain Orange County health care agency approval.
10. 
The use of amplified music or live entertainment within the outdoor dining area is prohibited.
11. 
Appropriate outdoor lighting shall be provided.
C. 
Design Requirements.
1. 
All fences/enclosures shall be of durable materials, structurally sound, aesthetically pleasing and compatible with on-site improvements.
2. 
The use of temporary tents or canopies is prohibited.
D. 
Application Requirements.
1. 
Completed administrative adjustment or modification application form, as applicable per the above requirements.
2. 
Application fees as per the master fee schedule.
3. 
A site plan of the property, drawn to scale, that identifies the location of the outdoor dining area.
4. 
Floor plan of the outdoor dining area, drawn to scale, that identifies all proposed tables, chairs, umbrellas, lighting, fencing/enclosure materials, gates, and any other proposed structural improvements.
5. 
Radius map package for public notification.
6. 
Operational characteristics to include proposed hours of operation for the outdoor dining area.
E. 
Violations. Failure to comply with the conditions of approval may involve possible suspension or revocation of the administrative adjustment or modification pursuant to La Habra Municipal Code (LHMC) 18.66.100.
(Ord. 1719 § 1, 2010; Ord. 1839 § 3, 2022; Ord. 1847 § 3, 2022)

§ 18.12.150 Accessory dwelling units and junior accessory dwelling units.

A. 
Generally.
1. 
This section establishes standards for accessory dwelling units (ADUs) in accordance with California Government Code Section 66314 et seq. and junior accessory dwelling units (JADUs) in accordance with California Government Code Section 66333 et seq. These standards are intended to allow for ADUs and JADUs as important forms of affordable housing, while preserving the character and integrity of La Habra's residential uses and neighborhoods.
2. 
For purposes of this section, "primary dwelling" shall mean as follows:
a. 
In the case of a single-unit residential zone, the existing single-unit dwelling, or the larger of two proposed units.
b. 
In the case of any other residential or mixed-use zone in which a single-unit dwelling exists on the property, the existing dwelling.
c. 
In the case of a multi-unit or mixed-use zone which allows a residential use, the existing or proposed multi-unit units.
3. 
For purposes of this section, "multi-unit dwelling" shall have the same meaning as "multifamily dwelling" as defined under State ADU law, which means a structure with two or more attached dwellings on a single lot.
4. 
The definitions set forth in California Government Code Section 66313 et seq. relating to ADUs and JADUs shall control if not defined herein.
5. 
In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.
B. 
Applications - ADUs and JADUs.
1. 
Applications for ADUs and JADUs shall be ministerially approved or denied within sixty days of receipt of a complete application. An application shall be approved if it complies with the requirements of this section.
a. 
If the application is submitted in conjunction with an application for a new single-unit or multi-unit dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-unit or multi-unit dwelling is approved.
b. 
If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application.
c. 
If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time.
d. 
The city shall grant a delay if requested by the applicant.
e. 
If the city does not approve or deny the completed application within sixty days, the application shall be deemed approved.
f. 
Notwithstanding the above, if the applicant uses a plan for an ADU that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached ADU approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application.
2. 
All applications for ADUs and JADUs shall be accompanied by an application fee.
3. 
ADUs and JADUs shall be subject to application, inspection and permit fees.
4. 
An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.
5. 
Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.
C. 
Unpermitted Structures Constructed Prior to January 1, 2020. The following provisions apply to structures constructed prior to January 1, 2020.
1. 
No application or permit shall be denied for an unpermitted ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:
a. 
The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or
b. 
The ADU or JADU does not comply with state law or the provisions of the La Habra Zoning Code regulating ADUs or JADUs.
2. 
The provisions of Section 18.12.150.C.1, above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3.
3. 
The city shall inform a homeowner that, before submitting an application for a permit for an unpermitted structure, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.
4. 
Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Such inspection will be subject to applicable inspection fees.
5. 
A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e).
6. 
Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an unpermitted ADU that substantially reads as follows:
You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Director of Community and Economic Development. If the Building Official determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
D. 
Utilities and Fees.
1. 
All ADUs and JADUs must be connected to public utilities including water, electric, and sewer services.
2. 
Impact Fees.
a. 
No impact fee shall be imposed on any ADU less than seven hundred fifty square feet in size.
b. 
For ADUs seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
c. 
All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq.
d. 
For purposes of this section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.
3. 
Connection Fees/Capacity Charges.
a. 
An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-unit dwelling.
b. 
For an ADU contained within a proposed or existing single-unit dwelling meeting the requirements of Section 18.12.150.N.1.a, below, the city shall not impose a connection fee or capacity charge, unless the unit is being constructed with a new single-unit dwelling. For all other ADUs, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.
c. 
A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power.
E. 
Areas of Insufficient Water and Sewer Service. New ADUs are prohibited if the city engineer determines the surrounding residential neighborhood has insufficient water or sewer service and such area has been designated on a map created and maintained by the city engineer showing these areas. Such map shall be posted on the city's website and promptly made available to the public upon request. The city engineer shall update the map periodically. This subsection shall not apply to ADUs approved pursuant to Section 18.12.150.N, below.
F. 
Prohibition Against Separate Sale of ADU. An ADU shall not be sold or conveyed separately from the primary dwelling, except as allowed by California Government Code Section 66341.
G. 
Number of ADUs and JADUs. Except as specified in Section 18.12.150.N, below, only one ADU and one JADU may be built on a single-unit residentially zoned lot. ADUs shall only be allowed in conjunction with multi-unit dwelling units as provided for in Section 18.12.150.N, below.
H. 
ADUs as Transient Lodging. ADUs and JADUs may not be rented for periods of less than thirty-one days.
I. 
General Standards.
1. 
ADUs and JADUs are not included in density calculations, are considered residential uses consistent with zoning and general plan designations, and may count as a dwelling unit for purposes of identifying adequate sites for housing.
2. 
ADUs and JADUs must satisfy the requirements of Title 15 of this code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
3. 
Fire sprinklers shall not be required if they are not required for the primary dwelling and the construction of an ADU shall not trigger a requirement for sprinklers to be installed in the existing primary unit.
4. 
The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1.
J. 
Nonconformities. ADUs and JADUs approved under this section shall not be required to correct lawfully constructed physical improvements that do not conform with current zoning standards.
K. 
Development Standards - ADUs.
1. 
Where Allowed. An ADU is permitted on any lot where single-unit or multi-unit dwellings are a permitted use. An ADU is also allowed on a lot where single-unit or multi-unit dwellings are a conditionally permitted use, provided that the lot contains or will contain either a single-unit or multi-unit dwelling. An ADU is allowed within, attached to, or detached from the primary unit in accordance with the provisions of this section.
2. 
ADUs must be constructed using the same roof style as the primary unit.
3. 
Any street-facing elevation of an ADU must include a minimum of three features that compose a unified architectural style, including but not limited to:
a. 
Wall cladding (siding, stone and/or veneer, or similar);
b. 
Window trims/sills;
c. 
Window awning or shutters;
d. 
Plaster bands to distinguish first and second stories; and
e. 
Architectural exterior light fixtures.
4. 
Height. ADUs are subject to the same height standards that apply to primary dwellings on the lot in the applicable zoning district as set forth in Section 18.12.020 of this code.
5. 
Relationship to Residential Structures.
a. 
An ADU may be within, attached to, or detached from an existing or proposed single-unit or multi-unit residential structure or accessory structures, including garages.
b. 
An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.
c. 
An ADU may be constructed above an existing, lawfully constructed structure, provided it does not exceed the height limits set forth in Section 18.12.150.K.4, above.
6. 
Maximum Unit Size.
a. 
Existing accessory structure one thousand fifty square feet or less. When an existing accessory structure with a floor area of one thousand fifty square feet or less is converted to an ADU, the floor area may be increased up to a maximum of one thousand two hundred square feet.
b. 
Existing accessory structure greater than one thousand fifty square feet. The physical dimensions of an existing accessory structure with a floor area greater than one thousand fifty square feet may be increased by not more than one hundred fifty square feet, but only for the purpose of providing ingress or egress.
c. 
New Construction. The floor area of a new detached ADU may not exceed one thousand two hundred square feet. The floor area of a new attached ADU may not exceed eight hundred fifty square feet for an ADU with zero to one bedrooms, or one thousand square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of a new attached ADU shall not exceed fifty percent of the existing primary dwelling.
d. 
Existing home designated as ADU. If a lot contains an existing single-unit dwelling of no more than one thousand two hundred square feet in size, the existing single-unit dwelling may be designated as an ADU as part of a project to construct a new single-unit dwelling on the lot.
e. 
There is no size limit on an ADU created within an existing or proposed primary dwelling.
7. 
Setbacks.
a. 
Front setback: Per the base zoning standard.
b. 
Side setback: Four feet.
c. 
Rear setback: Four feet.
d. 
Building separation: Detached ADUs must be at least ten feet from any other building on the lot.
e. 
Conversion of existing structure. No additional setbacks are required for an existing constructed structure that is converted to an ADU.
f. 
Second story. No additional setbacks are required when constructing an ADU above an existing lawfully constructed structure.
8. 
Parking.
a. 
In addition to the required parking for the primary dwelling, one parking space shall be provided for an ADU unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as tandem parking on a driveway in a manner that does not encroach onto a public sidewalk or in a setback area, and otherwise complies with city parking requirements unless the director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.
b. 
Notwithstanding the foregoing, no parking space(s) shall be required for an ADU if:
i. 
It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.;
ii. 
It is located within an architecturally and historically significant district;
iii. 
It is part of a proposed or existing primary residence or an accessory structure;
iv. 
On-street parking permits are required but not offered to the occupant of the ADU;
v. 
There is a car share vehicle located within one block of the ADU; or
vi. 
The permit application for the ADU is submitted with a permit application to create a new single-unit dwelling or new multi-unit dwelling on the same lot, provided that the ADU or the parcel satisfies all other criteria listed in this subsection relating to parking requirements.
c. 
When a garage, carport, covered parking space, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.
L. 
Waiver of Development Standards. Development standards relating to the size of an ADU, including size based on a percentage of the primary dwelling, limits on lot coverage, floor area ratio, open space, front setbacks, building separation and minimum lot size shall be waived to the extent required to allow construction of an eight hundred square foot ADU.
M. 
Development Standards - JADUs.
1. 
Where Allowed. One JADU shall be allowed within an existing or proposed single-unit dwelling, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 18.12.150.N, below.
2. 
Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.
3. 
Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling.
4. 
Sanitation Facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-unit residence and shall have direct access to the single-unit residence from the interior of the dwelling unit.
5. 
Parking. No additional parking shall be required for a JADU.
6. 
Building Standards. JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-unit residence.
7. 
JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.
8. 
Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following:
a. 
The JADU shall not be sold separately from the single-family residence.
b. 
The JADU is restricted to the maximum size of five hundred square feet.
c. 
The JADU may not be rented for a period of less than thirty-one days.
d. 
A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.
e. 
The deed restriction shall be binding upon any successor in ownership of the property.
N. 
Mandatory Approvals.
1. 
Notwithstanding any other provision of this section, pursuant to California Government Code Section 66323, the city shall ministerially approve an application for a building permit within any residential or mixed-use zone to create any of the following:
a. 
One ADU and one JADU within the existing or proposed space of a single-unit dwelling or accessory structure.
i. 
An existing accessory structure may be expanded by up to one hundred fifty square feet solely for the purpose of accommodating ingress and egress to an ADU.
ii. 
The ADU and/or JADU must have exterior access from the proposed or existing single-unit dwelling.
iii. 
The side and rear setbacks must be sufficient for fire and safety.
iv. 
If the unit is a JADU, it must comply with the requirements of California Government Code Section 66333 et seq., as further set forth in Section 18.12.150.M, above.
b. 
One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with an existing or proposed single-unit dwelling. The ADU may be combined with a JADU described in Section 18.12.150.N.1.a, above. The ADU shall not exceed eight hundred square feet and shall not exceed the height limits allowed in the underlying zone as set forth in Section 18.12.020 of this code.
c. 
On a lot with an existing multi-unit dwelling structure, up to twenty-five percent of the total multi-unit dwelling units, but no less than one ADU, within portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each ADU complies with state building standards.
d. 
On a lot with an existing multi-unit dwelling structure, up to eight detached ADUs, provided that the number of ADUs on the lot shall not exceed the number of existing units on the lot. Setbacks shall be limited to side and rear setbacks of no more than four feet. If the existing multi-unit dwelling has a rear or side setback of less than four feet, the city shall not require modification as a condition of approving the application for the proposed ADU(s). The height shall not exceed the height limits allowed in the underlying zone as set forth in Section 18.12.150 of this code.
e. 
On a lot with a proposed multi-unit dwelling structure, up to two detached ADUs. Side and rear yard setbacks shall be no more than four feet. The height shall not exceed the height limits allowed in the underlying zone as set forth in Section 18.12.020 of this code.
2. 
The city shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s).
3. 
An ADU and/or JADU created pursuant to this subsection shall not be rented for periods of less than thirty-one days.
O. 
Certificate of Occupancy. No certificate of occupancy shall be issued for an ADU or JADU until the certificate of occupancy is issued for the primary unit.
(Ord. CC 2025-05, 8/4/2025)

§ 18.12.160 Boarding or rooming houses.

A. 
All boarding or rooming houses shall obtain approval of a conditional use permit prior to establishing such use within the city and shall pay to the city the regular fees associated with such permit.
B. 
All boarding or rooming houses shall comply with the parking requirements applicable to rooming houses, as set forth in Section 18.14.030 of this code, prior to establishing such use within the city.
C. 
No boarding or rooming houses shall be within five hundred feet of any other boarding or rooming house. The distance requirement herein shall be measured from property line to property line, along a straight line extended between the two points.
D. 
No more than one federal, state or youth authority parolee shall be allowed to live in a boarding or rooming house at any one time.
E. 
The conditional use application submitted for any boarding or rooming house shall provide information, including identifying information such as the full name and age of the parolee and the proposed time of residency at the boarding or rooming house, regarding any proposed boarders or roomers who will be, at the time of proposed residency in the boarding or rooming house, federal, state or youth authority parolees. Such information shall be updated with the city by the owner or landlord of the residence as to each lessee or renter upon the signing, entering into, or otherwise commencing any rental or lease agreement, arrangement or accommodation within three business days.
F. 
All boarding or rooming houses shall require boarders or roomers to sign an agreement that provides that a conviction for any criminal violation, not including infractions and minor traffic violations, during residency in the boarding or rooming house, is grounds for termination of the residency or tenancy of that boarder or roomer, whether the rental, lease, or sublease agreement is written or oral.
G. 
Boarding or rooming houses shall be in compliance with all requirements of the city's zoning code at all times, as well as any other applicable provisions of this code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.
H. 
Any violation of any local, state or federal laws by boarders or roomers while on the premises shall be grounds for revocation of the boarding or rooming conditional use permit, including, but not limited to, any violations of this section, California Penal Code Section 3003.5 or Chapter 9.66 of this code, where the property owner contributed to or did not take all reasonable steps to protect against or prevent the violation.
I. 
No boarding or rooming house shall be maintained as a nuisance.
J. 
Boarding or rooming houses existing prior to the effective date of the ordinance codified in this section shall be made to comply with the provisions of this section within six months of the effective date of the ordinance, except as to existing leases or rental agreements with respect to subsection E of this section, which subsection shall be complied with as soon as the termination, expiration, renewal or modification of any existing leases or rental agreements.
(Ord. 1719 § 1, 2010)

§ 18.12.170 Smoking lounges.

A. 
Definition. "Smoking lounge" means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco, including, but not limited to, establishments known variously as cigar lounges, hookah cafés, tobacco clubs or tobacco bars.
B. 
Permit Requirements. Smoking lounge is a use permitted by a conditional use permit within the C-1 (limited commercial zone), C-2S (community shopping center zone), C-2 (commercial zone), C-3 (general commercial zone), SP-1 (La Habra Boulevard specific plan), and PC-I (planned commercial-industrial) zones.
C. 
Location Restrictions.
1. 
The tenant space shall not be located within two hundred feet of any residential zone boundary within the city.
2. 
The tenant space shall be a minimum distance of one thousand feet from any educational institution as defined in Section 18.04.260 within the city.
D. 
Operational Restrictions.
1. 
The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5.
2. 
No alcoholic beverages shall be sold or consumed on the business premises within any area where the smoking of tobacco or other substances is allowed, including any outdoor seating area. Should food service be proposed, the owner-operator shall comply with California Labor Code Section 6404.5.
3. 
No person under eighteen years of age shall be permitted within any of the business premises where the smoking of tobacco or other substances is allowed.
4. 
No live entertainment, including, but not limited to singers, DJs, dancers, and comedians, shall be permitted within the business except as authorized pursuant to Chapter 5.32 (Entertainment, Amusement and Dance Permits).
5. 
All business related activities shall be conducted wholly within a building, with the exception of outdoor seating areas approved as part of the conditional use permit. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted.
6. 
No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted.
7. 
Uniformed security guards shall be provided, as deemed necessary by the chief of police.
8. 
No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the director of community development.
9. 
The interior of the business shall be maintained and adequately illuminated to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.
10. 
Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the chief building official and fire chief, or as otherwise required by state or federal law.
11. 
Parking shall be provided using the standard for restaurant with bar (twelve spaces per one thousand GFA).
12. 
The business shall conform to all other city, state, and federal laws.
E. 
Application Requirements.
1. 
Application for a conditional use permit shall be filed in accordance with Chapter 18.66 (Conditional Use Permits);
2. 
The exact nature and location of the activity for which the conditional use permit is requested and an estimate of the numbers of patrons of the establishment;
3. 
A security plan for control of customers;
4. 
A plan for control of noise affecting nearby premises;
5. 
The business plan including the hours of operation of the establishment;
6. 
Such other information pertaining to public health and safety as may be required by director of community development to ensure compliance with the provisions of this section.
(Ord. 1719 § 1, 2010)

§ 18.12.180 Arcades.

A. 
Definitions.
"Amusement device"
means a mechanical, electrical, electronic or video device simulating the playing of sporting games or other games; pinball machines; billiard and pool tables; and other similar devices and equipment that require participation by the player. This definition does not include "adult arcade booths" as defined in Section 18.56.010.
"Arcade"
means any premises other than an "adult arcade" as defined in Section 18.56.010 which is open to the public and which contains four or more amusement devices, or any premises wherein not less than twenty-five percent of the public floor area is devoted to amusement devices, whether or not the devices constitute the primary use or accessory use of the premises.
B. 
Hours of Operation. During the school year, it is unlawful for any person under the age of eighteen years to operate electronic or mechanical game machines on any commercial premises in the city before three p.m. Monday through Friday, or after eleven p.m. Sunday through Thursday, excluding school holidays. It is also unlawful for any person to permit or allow persons under eighteen years of age to operate the machines during these hours on the commercial premises owned by them or under their control. Violation of this section shall be punishable as an infraction and in addition thereto may constitute grounds for revocation of any conditional use permit issued with respect to the premises.
(Ord. 1719 § 1, 2010)

§ 18.14.010 Purpose.

These regulations are intended to achieve the following:
A. 
To provide accessible, attractive, secure, properly lighted, well-maintained and screened parking facilities.
B. 
To reduce traffic congestion and hazards.
C. 
To assure maneuverability of emergency vehicles.
D. 
To provide appropriately designed parking facilities in proportion to the needs generated by varying types of land uses.
(Ord. 1719 § 1, 2010)

§ 18.14.020 Applicability.

For each dwelling, multiple dwelling, business or industrial establishment or other structure erected after the adoption of the ordinance codified in this title, there shall be provided and maintained off-street parking facilities to accommodate the motor vehicles used by the occupants, customers, clientele and employees of such dwelling, multiple dwelling, business or industrial establishment or other structure. The aggregate amount of parking space for each type of use shall be not less than that stated in this chapter.
(Ord. 1719 § 1, 2010)

§ 18.14.030 Definitions.

See Chapter 18.04, Definitions.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)

§ 18.14.040 General requirements.

A. 
A required landscape setback abutting a street shall not be used for off-street parking.
B. 
The required usable yard area shall not be used for parking, driveways, or automobile turning areas. Any yard area in excess of the minimum usable yard area requirement may be used for parking, access to parking or loading.
C. 
Each required parking space shall be located on the same lot or within five hundred feet of the subject use. When the required off-street parking space is provided on a separate lot from the main building(s) the parties involved with shall provide an agreement for such joint use by a legal instrument approved by the city attorney as to form and content.
D. 
The area of the required front yard setback in all zones, except for required driveways and walks, shall be landscaped with evergreen or similar plant and lawn materials and maintained to provide a consistent greenbelt along all residential neighborhoods. At no time shall any portion of the required landscaped front yard setback be used for the parking or storage of any vehicle of any kind or for any vehicle parts.
E. 
In any case where a parking calculation as required by this code results in a partial space, one complete parking space shall be provided.
F. 
Parking studies required by this chapter shall be prepared by a California licensed civil or traffic engineer and as approved by the city engineer.
(Ord. 1719 § 1, 2010)

§ 18.14.050 Limitations on use.

A. 
Each parking space required by this chapter shall be unobstructed and available for vehicle parking at all times.
B. 
The parking of motor vehicles shall be without monetary charge when such parking is required in conjunction with uses permitted by this title except as approved by the planning commission through a conditional use permit.
C. 
The parking facilities required by this chapter shall be used only for the temporary parking of vehicles used in conjunction with the uses they serve. Such parking facilities shall not be used for any other purpose.
D. 
Required parking spaces in all multi-unit zones shall be utilized solely for parking of operational motor vehicles belonging to the tenants of the development and their guests.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019; Ord. 1853, 12/18/2023)

§ 18.14.060 Number of spaces required.

A. 
Residential.
1. 
Single-Unit Dwellings and Two-Unit Dwellings. For every single-unit dwelling and two-unit dwelling there shall be provided and maintained on the same lot or parcel of land at least two parking spaces. Each such parking space shall be located in a private garage. Each garage shall have a minimum inside dimension of not less than twenty feet wide and twenty feet long.
a. 
For each mobilehome/modular housing unit within a mobilehome park there shall be two parking spaces located within the park. If said spaces are located on the mobilehome space area, tandem parking may be utilized.
b. 
The requirements of this section do not apply to accessory dwelling units.
2. 
Multi-Unit Dwellings. For each multi-unit dwelling unit there shall be provided the following minimum parking spaces for each unit:
Table 18.14.060.A.3
Type of Unit
Minimum Parking Spaces Required
Studio
1 space
One-bedroom unit
2 spaces
Two-bedroom unit
2 1/2 spaces
Three-bedroom unit
3 spaces
Each additional bedroom
1 space
Senior housing unit (condominiums/apartments)
1 space
a. 
Covered garages are not required for parking spaces for studios in multi-unit dwellings. However, all other units shall have two parking spaces within a garage. The additional required parking spaces per unit need not be located in a garage, but must be located on an approved, paved area on the same lot or parcel and must be equally convenient to all dwelling units.
b. 
In no case may a garage be constructed within twenty feet of any public street right-of-way when the garage door faces the street.
c. 
A carport, as defined in this title, may not face or open onto a public street and shall be located to the rear of all main buildings. On a corner lot, the side of the carport facing the side street shall be enclosed. The side of a carport facing an alley need not be enclosed.
d. 
Any multi-unit dwelling developments shall include additional parking equal to one-half space per dwelling unit for guest parking. Such parking can be uncovered and shall be conveniently located for vehicular access from the street and pedestrian access to the units. Where the accumulated parking totals includes one-half of a space, one complete space shall be provided.
3. 
Special Needs Housing. For each dwelling unit of the following categories of special needs housing there shall be provided the following minimum parking spaces:
Table 18.14.060.A.4
Type of Unit
Minimum Parking Spaces Required
Group homes
Same as the residential use allowed in the zone.
Transitional and supportive housing
Same as the residential use allowed in the zone.
Emergency shelter
Required parking, as determined by the director, shall be based on the minimum spaces needed to provide sufficient parking to accommodate all staff working in the emergency shelter during one shift but in no event shall the required parking be more than the parking required for other commercial uses within the same zone.
Single-room occupancy housing (SROs)
0.5 space per unit
a. 
Notwithstanding the foregoing, if supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents pursuant to California Government Code Section 65654.
4. 
Commercial Lodging. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.A.5
Type of Unit
Minimum Parking Spaces Required
Motels and hotels
1.25 spaces per guest room, plus 10 per ksf restaurant/lounge, plus 30 per ksf meeting/banquet room
Rooming houses, lodging houses, clubs, fraternity and sorority houses and dormitories
Parking study required
B. 
Commercial.
1. 
Recreational. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.B.1
Use
Minimum Parking Spaces Required
Adult cabaret
Parking study required
Batting cages
4 per batting station
Bowling alleys
4 spaces per lane
Billiard/pool halls
4 per table
Cinemas
Single Screen: 0.5 per seat; 2 to 5 screens: 0.33 per seat; 5 to 10 screens: 0.3 per seat; over 10 screens: 0.27 per seat
Health clubs/spa
10 ksf GFA
Golf courses
Parking study required
Golf driving range
1 per driving tee
Tennis courts
3.6 per court
Theaters (live performance)
0.4 per seat
General auditorium (public assembly)
0.25 per person permitted capacity
2. 
Institutional. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.B.2
Use
Minimum Parking Spaces Required
High schools, college and universities
Parking study required
Commercial schools
0.35 per student, per session
Day care center
0.20 per person (licensed capacity)
Elementary and middle schools
0.20 per student
General auditorium (public assembly)
0.25 per person permitted capacity
Lodge/fraternal organization
Parking study required
Library
4.5 per ksf GFA
Museum
Parking study required
Religious institutions
0.45 per seat in worship area
a. 
For religious institutions the parking rate is a blended rate for all of the uses on the site based on the number of seats within the area of worship. Any deviation from this requirement may be considered and approved by the planning commission as part of the conditional use permit upon the completion and approval of a parking study.
3. 
Medical. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.B.3
Use
Minimum Parking Spaces Required
Animal hospital/veterinary clinic
4 per ksf GFA
Clinic/urgent care facility
(medical offices with outpatient treatment; no overnight stays)
5.5 per ksf GFA
Convalescent hospital and nursing homes
1 per guest room
Hospital/medical center
Parking study required
Doctor/dentist office
4 per ksf <15,000 s.f. GFA; parking study required for offices >15,000 s.f.
4. 
Office. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.B.4
Use
Minimum Parking Spaces Required
General business office
3.3 per ksf GFA
5. 
Retail. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.B.5
Use
Minimum Parking Spaces Required
Coin operated laundries
1 per 2 machines
Grocery (freestanding)
4 per ksf GFA
Integrated retail commercial center (at least five storefronts)
3.3 per ksf GFA
Motor vehicle sales and services
2.7 per ksf GFA interior sales and office area, plus 1.5 ksf GFA storage/display area, plus 2 per service bay
Nursery (garden center)
4 per ksf GFA plus 1/2 per ksf outdoor sales area
Retail and general commercial (4 storefronts or less)
4 per ksf GFA
Temporary commercial enterprises and seasonal commercial sales lots
(as defined in Section 5.04.610(a) and (b))
Minimum of 4 spaces plus 4 per ksf GFA of display area
6. 
Services. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.B.6
Use
Minimum Parking Spaces Required
Auto service/repair
2 per bay plus 2.7 per ksf office
Car wash (self serve)
1 space per bay
Car wash (automated)
2 spaces per facility
Car wash (full service)
Parking study required
Gasoline/service station
2 spaces
gasoline/service station with convenience market
2 spaces plus 4 per ksf GFA
Restaurant—with bar
12 per ksf GFA
Restaurant—no bar
10 per ksf GFA
Restaurant—with drive thru
8 per ksf GFA
Restaurant—food to go
Same as retail and general commercial/integrated retail commercial center (see Table 18.14.060(B)(5))
C. 
Industrial Uses. For each facility there shall be provided the following minimum parking spaces:
Table 18.14.060.C
Use
Minimum Parking Spaces Required
Industrial park (multiple or mix of services and warehousing)
2 per ksf GFA
Manufacturing/light industrial
1.5 per ksf GFA
Warehouse
1 per ksf GFA
Mini-warehouse/self storage
0.1 per ksf GFA
D. 
Shared Parking.
1. 
Mixed Occupancies. In the case of mixed occupancies, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed separately. However, the total number of parking spaces may be reduced upon:
a. 
Approval of a conditional use permit by the Planning Commission.
b. 
A reduction of up to ten percent may be approved by the director of community development.
In all cases, a parking study shall be prepared by a California licensed civil or traffic engineer and approved by the city engineer.
2. 
Joint Uses. The planning commission may, upon application by the owner or lessee of any property of a conditional use permit, authorize the joint use of parking facilities by the following uses or activities:
a. 
The parking facilities required by this chapter for a use which is nonresidential and is primarily a daytime use may be provided by the parking facilities of a use which is primarily a nighttime and/or Sunday use and vice versa, provided such reciprocal parking shall be subject to conditions set forth in subsection (D)(2)(b) of this section.
b. 
Conditions Required for Joint Use.
i. 
The outer boundaries of the properties upon which the uses are proposed, to which the application relates, shall be located within five hundred feet of each other unless shuttle service is provided between the sites.
ii. 
The applicants shall show that there is no substantial conflict in the principal operating hours of the uses for which the joint use of off-street parking facilities is proposed.
iii. 
The parties involved shall provide an agreement for such joint use by a legal instrument approved by the city attorney as to form and content.
E. 
Nonconforming Uses and Sites.
1. 
All sites that are nonconforming with regards to the number of parking spaces, upon adoption of this code, shall be upgraded to current code standards upon any increase in the area of the structure(s) or upon any change in use which is more intensive than the current use.
2. 
All parking areas that are nonconforming with regard to space sizes, upon adoption of this code, shall be upgraded to current code standards upon any increase in the floor area of the structure(s) or upon any change in use which is more intensive than the current use.
F. 
Exceptions.
1. 
Commercially Zoned Lots. Where the depth of a lot measures one hundred fifty feet or less, measured from the front lot line to the rear lot line, and has a width of sixty feet or less, and where the lot existed prior to passage of the provisions codified in this section, at least three parking spaces shall be provided per one thousand square feet of floor space or fraction thereof.
2. 
Upgrades for Accessibility Requirements. Any site that is required to upgrade to the most current accessibility requirements shall not be penalized for any reduction in parking caused by the new regulations. Said site shall become legal nonconforming. No additional parking will be required until such time as the building is enlarged or the land use changes to a more intensive use.
(Ord. 1719 § 1, 2010; Ord. 1839 § 3, 2022; Ord. 1853, 12/18/2023)

§ 18.14.070 Design standards.

A. 
General Requirements.
1. 
Compact spaces are not permitted.
2. 
Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten feet to a person approaching such entrance or exit on any pedestrian walk or foot path.
3. 
Exits (except to alleys) from parking lots shall be clearly posted with "Stop" signs. Appropriate bumper guards, wheel stops, entrance and exit signs and directional signs shall be maintained where needed as determined by the city engineer.
4. 
When gates are provided at the entrances and exits to any approved parking area or driveway they shall be placed a minimum of twenty feet from the property line. The gates shall not open onto or encroach into this required twenty-foot setback area.
5. 
Any two car garage legally constructed prior to January 1, 2008, shall be exempt from the minimum size standards established in subsection B of this section and shall not be required to be upgraded as part of any addition to, or remodeling of, any single-unit dwelling on the same lot or parcel when said addition is less than fifty percent of the floor area of the existing dwelling.
6. 
Minor deviations from parking space design standards may be approved by the director of community development when a physical constraint or hardship exists through an administrative adjustment.
B. 
Carport and Garage Design.
1. 
All garages and carports shall have Portland cement concrete floors.
2. 
Residential garages shall have a minimum interior dimension of twenty feet by twenty feet. Any single-car garage shall have a minimum interior dimension shall be ten feet by twenty feet. No obstruction to the parking of vehicles shall be allowed within the required area.
3. 
Garage/carports shall be designed to reflect the architecture style of the dwellings by using similar materials and roof pitches. Garages and carports within multiple family developments shall be distributed evenly throughout the project site.
C. 
Parking and Maneuvering for Single-family and Two-family Residential Developments. Parking and maneuvering areas in single-unit residential and two-unit zones for all vehicles shall be limited to the space within a carport or garage plus a paved driveway between such garage or carport and the street from which it is served, not exceeding the width of the garage.
1. 
Driveway width shall have a minimum dimension of ten feet when the garage is located less than one hundred fifty feet from the street.
2. 
Driveway Extensions. Driveways may extend into the required side setback within the front yard upon approval of an administrative adjustment by the director of community development. The following findings must be made before an adjustment can be made:
a. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to the property or class of use in the same zone.
b. 
That the granting of such administrative adjustment 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.
c. 
That such administrative adjustment 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.
3. 
No extensions are allowed in the street side setback area.
4. 
Required back-out space. See Table 18.14.070.C.4:
18.14.070.C.4
-Image-5.tif
5. 
Circular Drives. A house with a lot width of at least one hundred feet of width along the front property line. No circular drive will be approved without the approval of the city engineer for two driveway approaches.
6. 
All front yard areas other than those permitted to be paved by this section, shall be landscaped.
7. 
Parking on any portion of a front yard, other than the permitted paved parking areas is prohibited.
8. 
The paved area of the front yard of any single-unit development shall not exceed forty percent.
D. 
Parking Lot Design.
1. 
Design and Location.
a. 
There shall be adequate vehicular access to off-street parking facilities from a dedicated and improved street, service road or alley. The design of the access shall be approved by the city engineer.
b. 
An unobstructed twenty-foot drive throat shall be provided at all entrances and exits from approved parking areas to any public street or alley. This area may not be used as backing area for any parking space.
c. 
Each parking space required by this chapter shall not be less than nine feet in width or eighteen feet in length of unobstructed pavement area.
d. 
The maximum grade of any parking surface and its adjacent back up area shall be no more than five percent in any direction.
e. 
The maximum grade of any driveway within a parking lot shall not exceed twelve percent.
f. 
All parking areas, except for single-unit residences, shall be designed so that no parking space requires the backing of a vehicle into a public street or across a public sidewalk.
g. 
All two-way drive aisles, except required fire lanes, shall have a minimum width of twenty-five feet with a thirty-two-foot centerline radius turn at the end of the aisles. Larger widths may be required by the fire code depending on the actual building design. Fire lane widths shall comply with the requirements of the Los Angeles County fire department.
h. 
Dead end drive aisles longer than forty-five feet shall provide a hammerhead at the end of the aisle. Said hammerhead shall not encroach into any required landscape setback area.
i. 
Parallel parking spaces shall have a dimension of nine feet by twenty-four feet.
j. 
All angled parking spaces shall be designed in such a manner as to maintain a nine-foot by eighteen-foot rectangular parking area without encroaching into the drive aisle.
k. 
Adequate shopping cart collection and storage areas shall be provided for all retail users that provide cart service to their customers. Said cart collection area shall be architecturally compatible with the main building and screened with landscaping material as approved by the director of community development.
-Image-9.tif
-Image-10.tif
-Image-11.tif
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2. 
Drainage. Parking lots shall be graded so as to drain surface water runoff to a public right-of-way, in conformance with the requirement of the National Pollutant Discharge Elimination System (NPDES) and as approved by the city engineer.
3. 
Landscaping. Each parking lot shall be landscaped in accordance with the following standards:
a. 
The landscape area shall be equal to the sum of seven percent of the area of the parking lot in addition to the required front and side street landscape setback areas of the parcel.
i. 
A landscaped area having a minimum width of fifteen feet shall be provided along the total length of the street frontage and ten feet in width on the side street of corner lots, exclusive of the drive approaches and driveways shall separate parking areas from the public right-of-way. The landscaping in this area shall include earthen berms as approved by the director of community development.
ii. 
No landscaping located within the required front setback or the required side yard setback abutting a street shall exceed three feet in height except for trees required by this chapter or other plantings approved by the director of community development.
iii. 
Trees shall be provided within the required parking lot landscaped area a quantity equal to one for every ten parking spaces. The trees to be provided shall be a minimum size of twenty-four inch box and shall be of a type approved by the director of community development.
iv. 
Within the landscaped area along the street frontage shall be one tree for every twenty feet of the total street frontage, excluding drive approaches and driveways. The trees to be provided shall be a minimum size of twenty-four-inch box and shall be of a type approved by the director of community development.
v. 
Tree wells within parking lots, also referred to as diamond planters or half-diamond planters, may be permitted in parking lots at the head of parking stalls and may encroach into the parking stall space. The tree well dimension shall be three feet by three feet.
Table 18.14.070.D.3.a.v
-Image-7.tif
Figure 1 – Diamond planter.
-Image-6.tif
Figure 2 – Half-diamond planter
vi. 
Parking areas adjacent to a public sidewalk or public right-of-way shall be screened with a thirty-six-inch high solid hedge of live plant material to be placed at the rear of the required landscape setback.
b. 
Landscaping Area Protection. All areas established for landscaping shall be protected on those sides adjacent to vehicular parking with a solid Portland cement concrete curb, six inches in height and a minimum of six inches in depth, or other suitable protection as approved by the director of community development, for the length of the landscaped area adjacent to subject parking. Individual wheel stops shall not be used as a substitute for subject curb.
c. 
Irrigation. An underground sprinkler system shall be installed to provide adequate water supply to all landscaping. Subject sprinkler system shall be installed so as to direct spray away from public sidewalks. Drainage from landscaping irrigation shall not be directed across any adjacent private property.
4. 
Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. The minimum requirement is one foot-candle, maintained across the surface of the parking area. Lighting standards shall be energy-efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall not spill over on to any adjacent properties. In general, lamps should not be visible from any adjoining property. Light standards may not be placed in any required landscape setback area.
5. 
Screening. In the development of any parking lot on a parcel adjacent to any residential zone a solid masonry wall six feet in height shall be provided; however, the wall from the front property line to a depth equal to the required front yard shall be three feet in height. Such wall shall be maintained in good condition at all times.
6. 
Striping. All parking spaces shall be striped in accordance with city standards and shall be clearly and visibly striped and shall be maintained in this condition at all times.
7. 
Signage. Signage within parking lots shall not interfere with proper visibility for traffic and pedestrian safety. All parking lot directional signage shall be subject to review and approval by the city engineer.
8. 
Security. Security cameras and monitoring systems shall be installed in all parking lots with more than ten parking spaces. All cameras and monitoring systems shall be reviewed and approved by the chief of police or designee.
9. 
Surfacing Standards. All off-street automobile parking areas, including automobile sales lots, service stations and other drive-in establishments, shall be fully hard-surfaced with approved-type asphaltic concrete, or any other recognized street surfacing material. Exception: carports, garages and parking areas on electrical substation property.
a. 
The design of all parking areas shall use a minimum structural section of three inches of asphalt concrete on six inches of Class A aggregate base course. Alternatively, a design may be prepared by a licensed professional engineer using a minimum Traffic Index (TI) of 4.5 for parking spaces, 5.0 for drive aisles between parking spaces, 5.5 for driveways and truck service areas, and submitted for review and approval by the city engineer.
b. 
All parking areas shall be maintained in good condition at all times.
10. 
Wheel Stops. A Portland cement concrete wheel stop shall be placed at the head of any parking space which is adjacent to a sidewalk or pedestrian walkway to prevent overhang of any part of the vehicle on the walkway.
(Ord. 1719 § 1, 2010; Ord. 1748 § 3, 2013; Ord. 1803 § 3, 2019; Ord. 1853, 12/18/2023)

§ 18.14.080 Accessible parking requirements.

Accessible parking requirements are established by the state of California. The parking standards contained in this section are identical to those established by the state at the time of the adoption of this code. Changes in the state's accessible parking requirements may preempt the affected requirements in this section.
A. 
Accessible parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy for the disabled.
B. 
Accessible parking spaces shall be provided for all uses other than residential at the following rate:
Table 18.14.080.B
Total Number of Spaces Provided
Number of Accessible Spaces Required
1-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501-1,000
*
1,001 and over
**
*
Two percent of total
**
Twenty plus one for each 100, or fraction over 1,001
C. 
Accessible parking spaces shall be designed in a manner consistent with the standard as illustrated below:
Table 18.14.080.C
-Image-8.tif
D. 
When less than five spaces are provided, at structures and uses subject to these regulations, one space shall be seventeen feet wide and striped to provide a nine-foot parking area and an eight-foot loading and unloading area. However, there shall be no requirement that the space be reserved exclusively or identified for accessible use only.
E. 
Accessible parking spaces required by this section shall count towards fulfilling off-street parking requirements.
(Ord. 1719 § 1, 2010)

§ 18.16.010 Purpose.

The purpose of the city's Water Efficient Landscape Ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015 Drought Executive Order (B-19-25) as being at least as effective as the State Model Water Efficient Landscape Ordinance in the context of conditions in the city in order to:
Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;
Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
Establish provisions for water management practices and water waste prevention for existing landscapes;
Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; and
Encourage the use of economic incentives that promote the efficient use of water, such as implementing a budget-based tiered-rate structure, providing rebate incentives and offering educational programs.
(Ord. 1766 § 2, 2016)

§ 18.16.020 Definitions.

The following definitions are applicable to this chapter:
"Aggregate landscape areas"
pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned.
"Applied water"
means the portion of water supplied by the irrigation system to the landscape.
"Artificial turf"
means man-made, synthetic material which simulates the appearance of live, organic turf, grass, sod, or lawn. Artificial turf shall be of a type known as cut pile infill manufactured from polypropylene, polyethylene, or a combination of the two materials.
"Budget-based tiered-rate structure"
means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
"Community aesthetics evaluation"
refers to an evaluation that, while not subject to a permit, plan check or design review, may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained.
"Desertscape"
means landscaping applications designed to exist in water scarce environments.
"Ecological restoration project"
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
"Estimated applied water use"
means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
"ET adjustment factor" or "ETAF"
is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.
A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this Water Efficient Landscape Ordinance and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
"Guidelines"
refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this Water Efficient Landscape Ordinance.
"Hardscapes"
means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Water Efficient Landscape Ordinance.
"Irrigation efficiency"
means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Water Efficient Landscape Ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.
"Landscaped area"
means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other nonirrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
"Landscape contractor"
means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
"Landscape documentation package"
means the documents required to be provided to the city for review and approval of landscape design projects, as described in the Guidelines.
"Landscape project"
means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 18.16.030 of this Water Efficient Landscape Ordinance.
"Local agency"
means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of the Water Efficient Landscape Ordinance. The local agency may be responsible for the enforcement or delegation of enforcement of this Water Efficient Landscape Ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
"Local water purveyor"
means any entity, including a public agency, city, county, or private water company that provides retail water service.
"Maximum applied water allowance" or "MAWA"
means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]
"Mined-land reclamation projects"
means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
"New construction"
means, for the purposes of this Water Efficient Landscape Ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.
"Non-pervious"
means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
"Permit"
means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
"Pervious"
means any surface or material that allows the passage of water through the material and into the underlying soil.
"Plant factor" or "plant water use factor"
is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Water Efficient Landscape Ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
"Recycled water" or "reclaimed water"
means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
"Reference evapotranspiration" or "ETo"
means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
"Rehabilitated landscape"
means any re-landscaping project that meets the applicability criteria of Section 18.16.030, where the modified landscape area is greater than two thousand five hundred square feet.
"Smart irrigation controller"
means an automatic irrigation controller utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory that shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.
"Special landscape area"
means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
"Turf"
means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
"Valve"
means a device used to control the flow of water in an irrigation system.
"Water feature"
means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.
"Xeriscape"
refers to landscaping and gardening which reduces or eliminates the need for supplemental irrigation. It is promoted in areas that do not have easily accessible supplies of fresh water, and is gaining acceptance in other areas as climate patterns shift.
(Ord. 1766 § 2, 2016)

§ 18.16.030 Applicability.

A. 
Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, this Water Efficient Landscape Ordinance shall apply to the following landscape projects:
1. 
New landscape projects with an aggregate landscape area equal to or greater than five hundred square feet, requiring a building or landscape permit, plan check or design review;
2. 
Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than two thousand five hundred square feet, requiring a building or landscape permit, plan check or design review;
3. 
New or rehabilitated landscape projects with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix A of the Guidelines;
4. 
New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than two thousand five hundred square feet of landscape area and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix A of the Guidelines.
B. 
The landscape water use standards of this Water Efficient Landscape Ordinance shall apply to:
1. 
All landscaped areas, whether installed prior to or after January 1, 2010; and
2. 
All landscaped areas installed after February 1, 2016 to which Section 18.16.030 is applicable.
C. 
This chapter does not apply to:
1. 
Registered local, state or federal historical sites;
2. 
Ecological restoration projects that do not require a permanent irrigation system;
3. 
Mined-land reclamation projects that do not require a permanent irrigation system; or
4. 
Plant collections, as part of botanical gardens and arboretums open to the public.
(Ord. 1766 § 2, 2016)

§ 18.16.040 Implementation procedures.

A. 
Prior to installation, a landscape documentation package shall be submitted to the city for review and approval of all landscape projects subject to the provisions of this Water Efficient Landscape Ordinance. Any landscape documentation package submitted to the city shall comply with the provisions of the Guidelines.
B. 
The landscape documentation package shall include a certification by a professional (i.e., architect, landscape architect, professional engineer, landscape contractor, nurseryperson, etc.) appropriately licensed in the state of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Water Efficient Landscape Ordinance and the Guidelines.
1. 
Landscape and irrigation plans shall be submitted to the city for review and approval with appropriate water use calculations. Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the city.
2. 
Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of use and occupancy or permit final process, as provided in the Guidelines.
(Ord. 1766 § 2, 2016)

§ 18.16.050 Landscape water use standards.

A. 
For applicable landscape installation or rehabilitation projects subject to Section 18.16.030 of this Water Efficient Landscape Ordinance, the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the city, as provided in the Guidelines.
B. 
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the local agency.
(Ord. 1766 § 2, 2016)

§ 18.16.060 General requirements.

A. 
Landscaping Requirements—Commercial, Industrial and Multifamily Residential Zones. Landscaping shall be required for all commercial, industrial and multi-unit residential zones. Each property shall be landscaped in accordance with the following standards.
1. 
Landscaping Area Protection. All areas established for landscaping shall be protected on those sides adjacent to vehicular parking with a solid Portland cement concrete curb, six inches in height and a minimum of four inches in depth, or other suitable protection as approved by the director of community and economic development, for the length of the landscaped area adjacent to subject parking. Individual wheel stops shall not be used as a substitute for subject curb.
2. 
Landscaping Area. The amount of landscaping provided shall be equal to the sum of seven percent of the area of the parking lot in addition to the front and side street setback areas of the parcel and the parkways (if applicable). No landscaping area shall be less than thirty inches in width exclusive of protective curbing.
3. 
Height of Landscaping. No landscaping located within the required front setback or the required side or rear yard setback abutting a street shall exceed three feet in height except for trees required by this chapter or other planting approved by the director of community and economic development.
4. 
Types of Materials. Within the landscaped area along the street frontage shall be one tree for every twenty feet of the total street frontage, excluding drive approaches and driveways. There shall also be provided within the total landscaped area additional trees in a quantity equal to one for every ten parking spaces. The trees to be provided shall be a minimum size of twenty-four-inch box and shall be of a type approved by the director of community and economic development.
B. 
Landscaping Requirements—Single-Family Residential Zones. Landscaping shall be required for all single-unit residential zones. The director of community and economic development, at his or her discretion, may require the submittal of precise landscape and irrigation plans for properties with unique circumstances or topography. Each property shall be landscaped in accordance with the following standards:
1. 
The area of the required front yard setback and street side setback on a corner lot, except for required driveways, and walks shall be landscaped with evergreen or similar plant or lawn materials and maintained to provide a consistent greenbelt along all residential neighborhoods. At no time shall any portion of the required landscaped front yard setback be used for the parking or storage of any vehicle of any kind or any vehicle parts or similar item except as provided in Section 18.10.050 of this title.
2. 
A minimum of ninety percent of the parkway area shall be planted with living plant materials with the remaining ten percent to allow for decorative materials. Any design for the parkway which does not meet this criterion shall be subject to review and approval by the director of community and economic development.
3. 
All "desertscape" or "xeriscape" landscape applications within single-unit residential zones shall be designed by a licensed landscape architect and approved by the director of community and economic development.
C. 
Artificial Turf. The use of artificial turf is permitted in all zones.
1. 
Appearance. Artificial turf shall simulate the appearance of live turf, grass, sod or lawn and shall have a fescue look with a brown thatch layer (dual tone turf). Artificial turf type and installation shall meet manufacturer's specifications and shall comply with the minimum following standards:
a. 
Type. Be of a type known as cut pile infill manufactured from polyethylene or polypropylene with a minimum blade height of one inch and a maximum blade height of one and three-quarter inches, and shall have a face weight of forty ounces or better.
b. 
Backing. Be affixed to a permeable backing.
c. 
Warranty. Have a minimum ten-year "No Fade" warranty.
d. 
Flammability. Have a minimum flammability rating in conformance with or exceeding ASTM D2859 and US Federal Flammability Standard DOC FF 1-70 ratings.
e. 
Subgrade. Be installed over a subgrade prepared to provide proper drainage of water. This subgrade shall consist of an evenly graded mass of compacted, porous crushed rock aggregate material and an underground drainage piping system, as needed to prevent water pooling.
f. 
Anchoring. Be anchored over the entire coverage area with seven inch spikes every eighteen inches. Be anchored at all edges with seven inch spikes every four to six inches.
g. 
Seams. All seams shall not be visible and shall be joined in a tight and secure manner and anchored with seven inch spikes every two to three inches.
h. 
Infill. An infill medium of clean sand or coated sand shall be required to provide ballast and maintain the turf fibers in an upright position.
i. 
Borders. Artificial turf shall be separated from planter areas containing live plant materials with a concrete mow strip, bender board, or similar material to prevent the intrusion of living plant material into the artificial turf area.
j. 
Slope. The maximum slope permitted for the installation of artificial turf shall be no greater than five percent.
2. 
Permits Required Prior to Installation. Materials specifications and plans shall be provided to the chief building official and/or public works director for review and approval of permits prior to the installation of the artificial turf. The plan submittal shall comply with Section 18.16.050 and include the following additional information:
a. 
A landscape plan showing the area of artificial turf, area of living plant material, and separation material between these areas.
b. 
A dimensioned cross section of the artificial turf area that details the proposed materials and installation method, including subgrade, drainage, base or leveling layer, and infill. The subgrade plan shall be prepared by a licensed civil engineer or soils engineer to ensure proper drainage.
c. 
Edge material and detail for treatment of seams.
d. 
Material description and specifications including manufacturer, installer (with contact information), and warranty information.
3. 
Maintenance. Artificial turf shall be maintained in a clean and attractive manner and in conformance with Section 18.74.040(A)(7).
(Ord. 1766 § 2, 2016; Ord. 1853, 12/18/2023)

§ 18.16.070 Landscape maintenance.

All landscaped areas and irrigation systems shall be maintained in good condition at all times and in accordance with the approved landscape, irrigation and maintenance plans.
A. 
All trees shall be allowed to reach their mature height. Over-pruning of required trees is not permitted. Required trees which are stunted or damaged due to improper pruning or maintenance may, at the discretion of the director of community and economic development, be required to be replaced with mature trees.
B. 
Water conservation measures shall be enforced at all times. Property owners and their landscape maintenance employees shall be aware of the current stage of the water conservation ordinance and observe same:
1. 
Stage 1 — Voluntary compliance. "Water watch";
2. 
Stage 2 — Mandatory compliance. "Water alert";
3. 
Stage 3 — Mandatory compliance. "Water warning";
4. 
Stage 4 — Mandatory compliance. "Water emergency."
(Ord. 1766 § 2, 2016)

§ 18.18.010 Compliance of installation.

Each mobile home installed on a building site in any single-unit residential zone shall comply with all site and development standards applicable to the zone and the additional requirements set forth in this chapter.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)

§ 18.18.020 Compatibility certificate-Required.

No mobile home shall be installed on any lot located in a single-unit residential zone without the approval of a certificate of site compatibility.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)

§ 18.18.030 Compatibility certificate-Application.

An application for a certificate of site compatibility shall be submitted to the planning department on forms to be provided by the department together with an application fee in an amount determined by resolution of the city council from time to time. It shall include the following information in addition to that required by the director of planning:
A. 
A site plan of the building site drawn to scale showing the exact location of the mobile home and all accessory structures with dimensions and setbacks specified;
B. 
A vicinity plan showing location of buildings on all adjacent properties, including properties across the street from the subject building site;
C. 
A grading plan showing proposed grading of the building site and retaining walls;
D. 
A plan showing the proposed water and sewer facilities, screening, fencing, driveway location and proposed foundation details;
E. 
Photographs of the subject mobile home and of the structures on adjacent properties;
F. 
Adequate evidence that the mobile home as installed is certified under the National Mobile Home Construction and Safety Standards Act of 1974;
G. 
A written description of the roofing and siding materials and the amount and location of roof overhang.
(Ord. 1719 § 1, 2010)

§ 18.18.040 Compatibility certificate-Approval requirements.

The planning commission shall approve the application by resolution, subject to such conditions as it deems necessary to ensure that the lot will be compatible for mobile home use, if it finds and determines that:
A. 
The mobile home is certified under the National Mobile Home Construction and Safety Act of 1974;
B. 
The mobile home will be installed on a foundation system which complies with the requirements or the regulations promulgated pursuant to the provisions of Section 18551 of the Health and Safety Code;
C. 
The mobile home complies with all developmental standards applicable to the zone in which the lot is situated;
D. 
The architectural treatment of the mobile home shall be of material customarily used in conventionally built housing;
E. 
The architectural treatment of the mobile home is generally compatible with that of surrounding properties and structures;
F. 
The proposed structure or mobile home, with any conditions to be imposed, is in harmony with the various elements in the general plan and is not economically or aesthetically detrimental to the existing previously approved structures or mobile homes in the surrounding area.
(Ord. 1719 § 1, 2010)

§ 18.18.050 Appeal.

The applicant, the city council or any member thereof, or any party aggrieved by the decision of the planning commission may appeal the decision to the city council by filing a notice of appeal to the council. The council shall hold a public hearing on the matter and render its decision within thirty days thereafter.
(Ord. 1719 § 1, 2010)

§ 18.20.010 Definitions.

For purposes of this chapter, the definitions for the following terms shall apply:
"Alternative transportation mode"
means any mode of travel that serves as an alternative to the single occupant vehicle. This includes all forms of ride-sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking.
"Applicable development"
means any development project that is determined to meet or exceed the employment threshold using the criteria contained in Section 18.20.040 of this chapter.
"Developer"
means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing provisions of this chapter as determined by the property owner.
"Employee"
means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency or other entity which employs two hundred fifty or more persons at a single worksite.
"Employer"
means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs two hundred fifty or more persons at a single worksite, and may either be a property owner or tenant of an applicable development project.
"Employment generation factors"
refers to factors developed for use by the jurisdiction for projecting the potential employment of any proposed development project.
"Facility(s)"
means the total of all buildings, structures and grounds that encompass a worksite, at either single or multiple locations, and that comprises or is associated with an applicable development project.
"Level of service (LOS)"
means a measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst). As required by CMP legislation, the LOS standard for the CMP Highway System must be at "E" or at the existing LOS, whichever is further from LOS "A," for any intersection or roadway segment.
"Mixed-use development"
means new development projects that combine any one of these land uses with another: residential, office, commercial, light industrial, and business park.
"New development project"
means any nonresidential project being processed where some level of discretionary action by a decision-making body is required.
"Peak period"
means those hours of the business day between six a.m. and ten a.m. inclusive, Monday through Friday.
"Property owner"
means the legal owner of the applicable development project who serves as the lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of this chapter either directly or by delegating such responsibility as appropriate to an employer or tenant.
"Site development plan/permit"
means plan approval/planned unit development precise plan that is subject to public hearing before the planning commission and/or city council as more fully described in Chapters 18.46 and 18.52 of the La Habra Zoning Code.
"Tenant"
means the lessee of facility space at an applicable development project who also serves as an employer. A tenant may be responsible for implementing the provisions of this chapter as determined by the property owner.
"Transportation demand management (TDM)"
means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit; reduction or elimination of the number of vehicle trips, or shifts in the time vehicle commutes to other than the peak-period.
"Worksite"
means a building, or group of buildings, located within the jurisdiction which are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same employer (or by employers under common control).
(Ord. 1719 § 1, 2010)

§ 18.20.020 Intent of chapter.

This chapter is intended to meet the requirements of California Government Code Section 65089(b)(3) which requires development of a trip reduction and travel demand element to the CMP.
(Ord. 1719 § 1, 2010)

§ 18.20.030 Policy.

New commercial, industrial, and mixed-use development including employment centers of two hundred fifty persons or more, may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. To more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the city to:
A. 
Reduce the number of peak-period vehicle trips generated in association with additional development;
B. 
Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes;
C. 
Achieve related reductions in vehicle trips, traffic congestion, and public expenditure, and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing;
D. 
Promote coordinated implementation of strategies on a countywide basis to reduce transportation demand; and
E. 
Achieve the most efficient use of local resources through coordinated and consistent regional and/or local TDM programs.
(Ord. 1719 § 1, 2010)

§ 18.20.040 Applicability.

A. 
This chapter shall apply to all new development projects that are estimated to employ a total of two hundred fifty or more persons and substantial building expansions that increase employment to two hundred fifty or more persons as determined by the methodology in subsection B of this section.
B. 
For purposes of determining whether a new development project or substantial building expansion is subject to this chapter, the total employment figure will be determined as follows:
1. 
Employment projections developed by the project applicant, subject to approval by the city; or
2. 
Employment projections developed by the city using the following employee generation factors by type of use.
Table 18.20.040.B.2
Land Use Category
Gross Square Foot/Employee
Limited commercial
500
Commercial
500
commercial shopping center
500
General commercial
500
Office/professional
250
Light manufacturing
525
Hotel/motel
0.8-1.2/room
The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use.
(Ord. 1719 § 1, 2010)

§ 18.20.050 Facility standards.

All applicable developments shall be subject to the facility standards as specified in this section and shall have included in their project site development plan provisions to provide the improvements identified in either Option "A" or Option "B":
A. 
Option "A" Facility Improvements.
1. 
Preferential Parking for Carpool Vehicles.
a. 
At least fifteen percent of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "carpool only."
b. 
Carpool spaces shall be used only by carpool vehicles in which at least two of the persons riding to the worksite will be or are employees or tenants of the proposed projects, or where a reciprocal preferential carpool parking agreement with other developments has been established.
c. 
Such carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the community development director or his/her designee.
d. 
The total number of employee parking spaces shall be determined by using the following factor by type of use:
Table 18.20.050.A.1.d
Type of Use
Percent of Total Parking Devoted to Employee
Commercial: Regional, Community, Neighborhood
30%
Office/Professional
85%
Industrial
90%
Hotel
Case by Case
2. 
Bicycle Parking and Shower Facilities.
a. 
Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the work site by bicycle. The number of facilities/racks to be provided shall be at the rate of at least five racks for every one hundred employees or fraction thereof.
b. 
A minimum of two shower facilities shall be provided, one each for men and women.
3. 
Information on Transportation Alternatives.
a. 
A commuter information area shall be provided at the worksite that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle.
b. 
Information in the area shall include, but not be limited to, the following:
1. 
Current maps, routes and schedules for public transit;
2. 
Ridesharing match lists;
3. 
Available employee incentives;
4. 
Rideshare promotion material supplied by commuter-oriented organizations.
4. 
Rideshare Vehicle Loading Areas.
a. 
The need for, design, and location of passenger loading areas to embark and disembark passengers from rideshare vehicles shall be approved by the community development director or his/her designee.
b. 
Passenger loading areas shall be of a size large enough to accommodate the number of waiting vehicles equivalent to the rate of at least five spaces per every one hundred of the required parking spaces for the project.
c. 
The passenger loading areas shall be located as close as is practical to the building's employee entrance(s), and should be designed in a manner that does not impede vehicular circulation in the parking area.
5. 
Vanpool Vehicle Accessibility.
a. 
The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles.
b. 
Where applicable, vanpool vehicle accessibility shall include a minimum seven feet and two inches vertical clearance for those parking spaces and ramps to be used by such vehicles.
c. 
Vanpool parking spaces shall be located near the building's employee entrance(s) or other preferential locations as approved by the community development director or his/her designee.
d. 
The number of accessible vanpool parking spaces shall be at the rate of at least two spaces per every one hundred of the total required employee parking spaces as determined in subsection A.1.
6. 
Bus Stop Improvements.
a. 
Bus stop improvements including bus pull-outs, bus pads, and right-of-way for bus shelters shall be required for all applicable developments located along high traffic volume streets and established bus routes.
b. 
Bus stop improvements shall be determined in conformance with standard traffic engineering principles including, but not limited to, the following:
1. 
The frequency and relative impact of blocked traffic due to stopped buses;
2. 
The level of transit ridership at the location.
B. 
Option "B" Facility Improvements.
1. 
A percentage of parking spaces, located as close as is practical to the entrance(s) of the use they are intended to serve, shall be reserved for use of carpool and vanpool vehicles, as determined by the city planning commission for the proposed use;
2. 
Secure, adequate and convenient storage shall be provided for bicycles;
3. 
Bus bays, bus stops and bus shelters shall be provided adjacent to roads and streets traversing or bounding the development, as determined by the city;
4. 
Transportation information center shall be provided within each building of over twenty-five thousand gross square feet;
5. 
A shower and locker room facility for employees of each sex shall be provided for each building of one hundred thousand or more gross square feet. For any development containing one hundred thousand or more total combined gross square feet, but which does not contain any single building of one hundred thousand or more gross feet, the city planning commission may elect, at its discretion, to approve a requirement on such development to provide shower and locker room facilities; and
6. 
Sidewalks or other paved pathways following direct and safe routes from the external pedestrian circulation system to each building in the development shall be provided.
(Ord. 1719 § 1, 2010)

§ 18.20.060 Chapter implementation and monitoring.

For the purpose of determining whether applicable developments are complying with the provisions of this chapter, the city shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following to verify compliance with the facility standards required under Section 18.20.050:
A. 
Utilizing procedures for site development plan review, as appropriate;
B. 
Conducting field/site inspections;
C. 
Requiring all facility standards required by this section to be completed prior to issuance of building occupancy permits; and
D. 
Requiring other building site reports/surveys which the city may deem appropriate.
(Ord. 1719 § 1, 2010)

§ 18.20.070 Enforcement and penalties.

A. 
For purposes of ensuring that applicable developments comply with the provisions of this chapter, city shall, following written notice to subject property owner or designee (employer), initiate enforcement action(s) which may include, but are not limited to, the following to enforce compliance with the facility standards under Section 18.20.050:
1. 
Withhold issuance of a building permit or certificate of use and occupancy; and
2. 
Issuance of stop work order(s).
B. 
The facility standards under Section 18.20.050 shall include provisions to guarantee perpetual compliance regardless of changes in property/ownership through recorded codes, covenants and restrictions (CC&Rs), or by other means approved by the planning commission or community development director as appropriate.
(Ord. 1719 § 1, 2010)

§ 18.20.080 Fees.

A. 
For purposes of meeting its obligations under this chapter, the city shall impose the following fees:
1. 
A trip reduction/TDM strategy plan with mandatory standards review fee of one hundred sixtynine dollars at the time of initial project application; and
2. 
A trip reduction/TDM strategy plan with variable standards/alternative measures plan review fee of five hundred fourteen dollars at the time of initial project application.
B. 
These shall be fixed fees charged to all applicable developments for purposes of defraying the costs of processing and reviewing the trip reduction/TDM strategy plan.
(Ord. 1719 § 1, 2010)

§ 18.20.090 Appeals.

A. 
An appeal may be made to the city council by the property owner(s), tenant(s) or designee(s) of any applicable development regarding decisions, actions or lack thereof, on the part of the city pursuant to Chapter 18.20 within ten working days from the date of the decision, action or lack thereof, by the planning commission or community development direction. Such appeal shall be filed with the city clerk and shall be accompanied by a letter stating the reasons for the appeal.
B. 
Consideration of the appeal shall be at a public hearing, notice of which shall be given pursuant to California Code Sections 65091 and 65905 and which hearing shall occur within thirty days of the filing of the appeal.
C. 
The city council action on the appeal shall be by a majority vote of the members present and upon conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the appeal.
D. 
In reaching a decision, the city council shall not be bound by the formal rules of evidence.
E. 
The city council's decision shall be final and conclusive and shall be rendered in writing within two days of the hearing. Notice of the decision and findings shall be given to the person appealing and shall include citation to California Code of Civil Procedure Section 1094.6. The time for a court challenge to a decision of the city council is governed by California Code of Civil Procedure Section 1094.6.
(Ord. 1719 § 1, 2010)

§ 18.22.010 Commercial cannabis activity prohibited.

A. 
Purpose. The city council of the city of La Habra hereby finds and determines that it is the purpose and intent of this chapter to prohibit all commercial cannabis activity whether for medical or adult use except as may be permitted by this chapter, in order to promote the health, safety, and general welfare of the residents and the businesses within the city. To this end, the city shall, to the fullest extent of the law, maintain local control over all marijuana related uses and activities within the city by way of permitting and regulating marijuana businesses as set forth herein, and abating illegal marijuana-related uses and activities, including marijuana businesses engaged in prohibited marijuana use and activity.
B. 
Applicability.
1. 
Nothing in this section is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act ("CUA").
2. 
All the provisions of this section shall apply to all property, public and private, within the city.
3. 
All the provisions of this section shall apply indoors and outdoors.
4. 
Notwithstanding subsection A, this section shall not be intended to preclude or limit personal possession or use of up to six living marijuana plants and possession of marijuana produced by the plants consistent with state law. Moreover, in accordance with state law, not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence or upon the grounds of that private residence at one time. The limitation of six living plants per residence is a maximum number of plants allowed at any residence no matter how many persons reside within that residence. The growth of living marijuana plants is to be conducted inside of the private residence or inside an accessory structure to a private residence located on the same property that is fully enclosed and secured not more than sixty-four square feet in size. No outdoor growth of cannabis is permitted. The use of gas products or volatile solvents, including carbon dioxide (CO2), methane, or any other flammable or non-flammable gas, for marijuana cultivation or for marijuana processing is prohibited. At no time, shall any cultivation, possession or use of marijuana plants or marijuana produced by the plants or manner of operations arise to the level of a public or private nuisance including, but not limited to, odor or lighting emanating from a structure.
(Ord. 1791 § 3, 2018)

§ 18.22.020 Definitions.

"Adult use cannabis"
means the non-medical use of cannabis by adults of age twenty-one and over as permitted by MAUCRSA and other applicable state and city laws.
"Applicant"
means a person, partnership, entity, collective or organization that applies for a permit to engage in commercial cannabis activity under this chapter.
"Bureau"
means the Bureau of Cannabis Control with the California Department of Consumer Affairs.
"Business and professions code"
means the California Business and Professions Code, as amended from time to time.
"Cannabis"
shall have the same meaning as in Section 26001 of the Business and Professions Code.
"Cannabis distribution"
means the procurement, sale, and transport of cannabis and cannabis products between those persons or entities holding commercial cannabis licenses.
"Cannabis distribution facility"
means the designated structure and property specified in the application that is owned, leased or otherwise held under the control of the distribution permittee where cannabis distribution is conducted.
"Cannabis permittee"
means a person who holds a cannabis permit issued by the city of La Habra and the state of California; and shall be deemed the "operator" as that term is used herein.
"Cannabis premises"
means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the city permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area.
"Cannabis product"
shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
"Cannabis review board"
means the city manager, director of community and economic development, police chief, finance director, and director of public works, or their respective designees, who shall review the credentials of businesses wishing to establish commercial cannabis activities within the city of La Habra.
"Caregiver" or "primary caregiver"
shall have the same definition as that set forth in California Health and Safety Code Section 11362.7(d) and (e).
"City code"
means the city of La Habra Municipal Code.
"City permit"
means a permit issued by the city, in accordance with this chapter and state law, authorizing participation in a commercial cannabis activity.
"Commercial cannabis activity"
means cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Sections 26001(i) and 26001(ai).
"Commercial cannabis business"
means a person, partnership, entity, corporation, company or other organization that conducts commercial cannabis activity.
"Commercial cannabis facility"
means a building, site, property, or parcel where commercial cannabis activity takes place.
"Conditional use permit"
means a conditional use permit granted by the planning commission in accordance with La Habra Municipal Code Chapter 18.66 with appropriate conditions to mitigate impacts from the commercial cannabis activity. The cannabis conditional use permit is not transferrable. Should complaints be received regarding the business operation, the conditional use permit may be scheduled for reconsideration at which time the planning commission, during a public hearing, may reapprove, approve with additional conditions, or revoke the permit per La Habra Municipal Code Chapter 18.66.
"Cultivation"
shall mean any activity involving the germinating, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Indoor cultivation of marijuana for personal use by persons twenty-one years of age or older on the grounds of a private residence is permitted to the extent allowed by state law (Health and Safety Code Section 11362.1 through 11362.2). All cultivation of marijuana outdoors within the city of La Habra is prohibited.
"Delivery"
shall have the same definition as set forth in California Business and Professions Code Section 26001(p). "Delivery" shall not include transportation of marijuana or marijuana products by a licensed transporter traveling through the city public roads to and from locations outside of the city where marijuana-related activities or uses are permitted.
"Director"
means the director of community and economic development for the city of La Habra.
"Dispensary"
shall mean any location where marijuana or devices for the use of marijuana are offered, either individually, or in combination, and includes retail sales. "Dispensary" includes delivery services and distribution.
"Dispensing"
shall mean any activity involving the provision of marijuana for any purpose.
"Distribution"
means the procurement, sale, and transport of cannabis and cannabis products between state licensees, including any city permittees who are state licensees.
"Distribution permit"
means a city permit for distribution in accordance with the terms and conditions of a cannabis conditional use permit and the conditions of approval for the applicable city permit issued to such distribution permittee. Such permits shall be associated with state license Type 11 or such other distribution license types created by the state.
"Distribution permittee"
means a person that has been issued a distribution permit by the city pursuant to the terms and conditions of this chapter; and shall be deemed the "operator" as that term is used herein.
"Fully enclosed and secure structure"
means a space within a building structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secured against unauthorized entry and provides complete visual screening and which is accessible only through one or more lockable doors and is inaccessible to minors or other barriers that are sufficient to prevent unauthorized access and entry.
"Gross receipts"
means the total amount of the sales of a city permittee, valued in money, whether paid in money or otherwise, without any deduction for the cost of materials used, any costs of transportation of the city permittee, or any other expenses.
"Health and safety code"
means the California Health and Safety Code, as amended from time to time.
"Manufacturer"
shall mean a person that conducts the production, preparation, propagation, or compounding of marijuana, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by any combination thereof, and includes packaging, repackaging, labeling, and/or relabeling.
"Marijuana"
shall have the same definition as that set forth in California Health and Safety Code Section 11018. "Marijuana" shall include: "cannabis" as defined in California Business and Professions Code Section 26001(f); "cannabis concentrate" as defined in California Business and Professions Code Section 26001(h); "edible cannabis product" as defined in California Business and Professions Code Section 26001(t); cannabis that is manufactured as defined in California Business and Professions Code Section 26001(ag); "medical cannabis," "medical cannabis product," or "cannabis product" as defined in California Business and Professions Code Section 26001;
"Marijuana businesses"
shall mean marijuana businesses for any purpose (medical or non-medical) including dispensaries, cooperatives, cultivation, manufacturing, testing facilities, transporting, or distributing; all of which are prohibited from being established or operating within the city, except that licensed marijuana transporters are permitted to pass through the city on public roads as mandated by Business and Professions Code Section 26080 or specific uses permitted by this chapter.
"Non-storefront retailer"
shall mean a state licensed Type 9 facility or premise located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination are offered or provided for retail sale or other sales or transfer to consumers where the premises is closed to the public and sales exclusively conducted by delivery as defined in Business and Professions Code Section 26001(p) .
"Nonvolatile solvent"
means any solvent used in the extraction process that is not a volatile solution as defined by state law. For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
"Person"
shall mean any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer and/or salesperson.
"Permit zone"
means, with respect to a person holding a city permit, the zones or portions of the city where such city permit type is permitted to operate. Such permit zones may be amended from time-to-time by a majority vote of the city council. To the extent not otherwise specified in this definition, a city permittee shall be able to operate in any portion of the city, which complies with the zoning, radius and other requirements of this chapter.
"Qualified cannabis applicant"
means a person who applies for a permit to conduct commercial cannabis activity under this chapter and whose application complies with this chapter and has not been deemed disqualified.
"Qualified patient" or "qualifying patient"
shall mean qualified patient and persons with identification cards as those terms are defined by the Health and Safety Code Section 11362.7. This prohibition does not apply or prohibit qualified patients and persons with identification cards to cultivate indoors, possess, and use marijuana for their own personal medical purposes only, as permitted by state law. Nothing herein shall be construed to authorize qualified patients to engage in the collective cultivation of marijuana as described by Health and Safety Code Section 11362.775, nor are they permitted to cultivate marijuana above limits established by state law and guidelines for their own personal use.
"Sampler"
is a testing laboratory employee who collects samples of cannabis goods for testing.
"State"
means the state of California.
"State law"
means all laws of the state, including all rules and regulations adopted by state agencies and state regulatory entities.
"State license"
means a state license issued under Division 10, commencing with Section 26000, of the Business and Professions Code, and includes both an A-License and M-Licenses as well as a testing laboratory license.
"State licensee"
means a person that has been issued a state license.
"Testing laboratory"
is an entity that is licensed by the state, license Type 8, to conduct sampling and analyses of medical and or adult use cannabis goods and includes the personnel, specialized apparatus, and instruments used to analyze medical and or adult use cannabis goods. This definition does not include the cloning, planting or cultivation of cannabis plants or the direct sales, distribution, delivery, or dispensing of cannabis and cannabis products to the public.
"Testing site"
shall mean any facility, entity, or site in the city that offers or performs tests of marijuana.
"Transport" or "transportation"
means the transfer of cannabis or cannabis products between one or more cannabis permittee.
"Volatile solvent"
means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(Ord. 1791 § 3, 2018; Ord. 1794 § 2, 2018; Ord. 1827 § 2, 2020)

§ 18.22.030 Commercial cannabis activity.

A. 
All commercial cannabis activity shall be prohibited in all zoning districts and areas that are regulated by specific plans or planned unit developments, except as permitted in this chapter.
B. 
Declaration of Public Nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
C. 
Violations.
1. 
Violations of this chapter shall be punishable pursuant to Chapter 1.08 of the city of La Habra Municipal Code.
2. 
This chapter is not the exclusive means for the abatement of cannabis related use and activity within the city. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the municipal code, including, but not limited to, any action at law or equity.
D. 
The following types of commercial cannabis activity are conditionally permitted when conducted in compliance with this chapter:
1. 
Cannabis distribution facilities within M-1, M-1(PUD) and PC-I zones.
2. 
Cannabis testing laboratories within M-1, M-1(PUD) and PC-I zones subject to the provisions within this chapter, state requirements and following standards:
a. 
The business owner, operator, and employees are prohibited from holding a license for any other cannabis activity while owning, operating or being employed by a testing laboratory.
No individual shall be employed by a testing laboratory that is also employed by any other cannabis licensee other than a testing laboratory license.
b. 
Testing laboratories shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each testing laboratory shall be subject to additional regulations as determined from time to time as more regulations are developed under this chapter and any subsequent state of California legislation regarding the same.
c. 
All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.
d. 
Testing laboratory shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau.
e. 
The state licensee must submit proof of ISO (International Organization for Standardization) accreditation to the city prior to commencing operations.
f. 
Only samplers trained in accordance with established industry standards employed by the licensed testing laboratory may obtain samples for the laboratory.
g. 
The state licensee must follow established chain-of-custody protocols consistent with industry standards to ensure that sample integrity is such that it may be maintained from the point of collection, receipt of the samples at the laboratory, testing, and destruction.
h. 
Upon completion of testing, documentation of samples being incinerated shall be maintained.
i. 
The state licensee must submit to the city a copy of its Standard Operating Procedures and shall maintain a copy of these procedures on site and available to city inspection at all times.
j. 
The state licensee shall conduct an internal audit at least once per year or according to the ISO accrediting body's requirements, whichever is more frequent. The internal audit must cover everything required to be covered by ISO 17025 internal-audit standards.
k. 
All testing laboratory records must be kept for a minimum of seven years.
l. 
A testing laboratory cannot operate on a parcel that contains another commercial cannabis facility unless there is at least one commercial unit of separation between the testing laboratory and another commercial cannabis facility, except that a testing laboratory may be located adjacent to another testing laboratory on the same parcel.
3. 
Cannabis non-storefront retailer facilities within M-1, M-1(PUD) and PC-I zones subject to the provisions within this chapter, state requirements and the following standards:
a. 
General. Conduct retail cannabis sales exclusively by delivery as defined in Business and Professions Code Section 26001(p) . The licensed premises of a non-storefront retailer licensee shall be closed to the public.
b. 
Permit Requirements. Non-storefront retailers (delivery) and microbusinesses in the city which conduct deliveries into or within the city of La Habra shall be required to obtain a business license permit from the city of La Habra in order to conduct retail sales.
c. 
Employees.
i. 
All deliveries of cannabis and cannabis products shall be performed by a delivery employee that is directly employed by the licensed non-storefront retailer.
ii. 
Each delivery employee of licensed retailer shall be at least twenty-one years of age.
iii. 
All deliveries of cannabis and cannabis products shall be made in person. A delivery of cannabis or cannabis products shall not be made through the use of an unmanned vehicle.
iv. 
The process of delivery begins when the delivery employee leaves the retailer's licensed premises with the cannabis or cannabis products for delivery. The process of delivering ends when the delivery employee returns to the retailer's licensed premises after delivering the cannabis or cannabis products to the customer(s). During the process of delivery, the retailer's delivery employee may not engage in any activities except for cannabis or cannabis product delivery and necessary rest, fuel, or vehicle repair stops.
v. 
A delivery employee of a licensed retailer shall, during deliveries, carry a copy of the retailer's current license, the employee's city issued work permit, and an identification badge provided by the employer pursuant to the Bureau of Cannabis Control regulations.
vi. 
Prior to providing cannabis or cannabis products to a delivery customer, a delivery employee shall confirm the identity and age of the delivery customer as required by the Bureau of Cannabis Control and place the cannabis or cannabis products in a resealable child-resistant opaque exit package.
vii. 
A licensed retailer shall maintain an accurate list of the retailer's delivery employees and shall provide the list to the city upon request.
d. 
Delivery to a Physical Address.
i. 
A delivery employee may only deliver cannabis or cannabis products to a physical address in California.
ii. 
A delivery employee shall not leave the state of California while possessing cannabis or cannabis products.
iii. 
A delivery employee shall not deliver cannabis or cannabis products to an address located on publicly owned land or any address on land or in a building leased by a public agency. This prohibition applies to land held in trust by the United States for a tribe or an individual tribal member unless the delivery is authorized by and consistent with applicable tribal law.
iv. 
A delivery employee may deliver to any jurisdiction within the state of California.
e. 
Delivery Vehicle Requirements.
i. 
A retailer's delivery employee, carrying cannabis or cannabis products for delivery, shall only travel in an enclosed motor vehicle. Any vehicle used in the delivery of cannabis or cannabis products shall be operated by a delivery employee of the licensee. Only the licensee or an employee of the retailer licensee for whom delivery is being performed shall be in the delivery vehicle.
ii. 
While carrying cannabis or cannabis products for delivery, a retailer's delivery employee shall ensure the cannabis and cannabis products are not visible to the public. Cannabis and cannabis products shall be locked in a box, container, or cage that is secured on the inside of the vehicle. The inside of the vehicle includes the trunk.
iii. 
A retailer's delivery employee shall not leave cannabis or cannabis products in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active alarm system.
iv. 
A vehicle used for delivery of cannabis or cannabis products shall be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle. The device shall remain active and inside of the delivery vehicle at all times during delivery. At all times the licensed retailer shall be able to identify the geographic location of all delivery vehicles that are making deliveries for the licensed retailer and shall provide that information to the city upon request.
v. 
Upon request, the licensed retailer shall provide the city with information regarding any motor vehicle used for the delivery of cannabis and cannabis products, including the vehicle's make, model, color, vehicle identification number, license plate number and Department of Motor Vehicles registration information.
vi. 
Any motor vehicle used by a licensed retailer to deliver cannabis or cannabis products is subject to inspection by the city. Vehicles used to deliver cannabis or cannabis products may be stopped and inspected by the city at any licensed premises or during delivery.
vii. 
A direct communication system with the retailer's business location and the retailer's delivery employee shall be incorporated in each vehicle.
viii. 
No display of any logo, signage, or other information that identifies, advertises, or lists the services or products offered shall be placed on the vehicle.
f. 
Cannabis and Cannabis Products Carried During Delivery.
i. 
A retailer's delivery employee shall not carry cannabis or cannabis products in the delivery vehicle in excess of ten thousand dollars at any time.
ii. 
A delivery employee may only carry cannabis or cannabis products in the delivery vehicle and may only perform deliveries for one licensed retailer at a time. The vehicle shall not carry more cannabis or cannabis products than allowed by state and local law and required to fulfill all immediate delivery requests.
iii. 
A retailer's delivery employee shall not leave the licensed premises with cannabis or cannabis products without at least one delivery order that has already been received and processed by the licensed retailer.
iv. 
Before leaving the licensed premises, the retailer's delivery driver must have a delivery inventory ledger of all cannabis and cannabis products provided to the retailer's delivery driver. After each customer delivery, the delivery inventory ledger must be updated to reflect the current inventory in possession of the retailer's delivery driver.
v. 
The retailer's delivery driver shall maintain a log that includes all stops from the time the retailer's delivery driver leaves the licensed premises to the time that the retailer's delivery driver returns to the licensed premises, and the reason for each stop. The log shall be turned in to the retailer when the retailer's delivery driver returns to the licensed premises. The licensed retailer must maintain the log as a commercial cannabis activity record as required by the state.
vi. 
Prior to arrival at any delivery location, the licensed retailer must have received a delivery request from the customer and provided the delivery request receipt to the retailer's delivery driver electronically or in hard copy. The delivery request provided to the retailer's delivery driver shall contain all of the information required by the Bureau of Cannabis Control except for the date and time the delivery was made, and the signature of the customer.
vii. 
Immediately upon request by the Bureau of Cannabis Control or any law enforcement officer, the retailer's delivery driver shall provide:
(a) 
All delivery inventory ledgers from the time the retailer's delivery driver left the licensed premises up to the time of the request;
(b) 
All delivery request receipts for cannabis and cannabis products carried by the driver, in the delivery vehicle, or any deliveries that have already been made to customers; and
(c) 
The log of all stops from the time the retailer's delivery driver left the licensed premises up to the time of the request.
viii. 
If a retailer's delivery driver does not have any delivery requests to be performed for a thirty-minute period, the retailer's delivery driver shall not make any additional deliveries and shall return to the licensed premises. Required meal breaks shall not count towards the thirty-minute period.
ix. 
Upon returning to the licensed premises, all undelivered cannabis and cannabis products shall be returned to inventory.
g. 
Delivery Request Receipt. A licensed retailer shall prepare a hard copy or electronic delivery request receipt for each delivery of cannabis or cannabis products.
i. 
The delivery request receipt shall contain the following:
(a) 
The name and address of the licensed retailer.
(b) 
The first name and employee number of the retailer's delivery employee who delivered the order.
(c) 
The first name and employee number of the retailer's employee who prepared the order for delivery.
(d) 
The first name of the customer and retailer assigned customer number for the person who requested the delivery.
(e) 
The date and time the delivery request was made.
(f) 
The delivery address.
(g) 
A detailed description of all cannabis and cannabis products requested for delivery as required by the Bureau of Cannabis Control.
(h) 
The total amount paid for the delivery as required by the Bureau of Cannabis Control.
(i) 
Upon delivery, the date and time the delivery was made, and the handwritten or electronic signature of the customer who received the delivery.
ii. 
At the time of delivery, the delivery employee of the retailer shall provide the customer who placed the order with a hard or electronic copy of the delivery request receipt. The delivery driver shall retain a hard or electronic copy of the signed delivery request receipt for the licensed retailer's records.
iii. 
For the purpose of this section, an employee number is a distinct number assigned by a licensed retailer to their employees that would allow the licensed retailer to identify the employee on documents or records using the employee number rather than the employee's full name. A licensed retailer shall be able to identify the employee associated with each employee number upon request by the state/city.
iv. 
For the purpose of this section, a customer number is a distinct number assigned by a licensed retailer to a customer that would allow the licensed retailer to identify the customer in documents or records using the customer number rather than the customer's full name. A licensed retailer shall be able to identify the customer associated with each customer number upon request by the state/city.
h. 
Delivery Route. While making deliveries of cannabis or cannabis products, a retailer's delivery driver shall only travel from the retailer's licensed premises to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the retailer's licensed premises. A delivery driver of a retailer shall not deviate from the delivery path except for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of routes unsafe, impossible, or impracticable.
i. 
Receiving Shipments of Inventory.
i. 
A licensed retailer shall receive a shipment of cannabis and cannabis products only from a licensed distributor or licensed microbusiness.
ii. 
A licensed retailer shall accept shipments of cannabis and cannabis products only between the hours of six a.m. and ten p.m.
iii. 
During business hours, shipments of cannabis and cannabis products shall not enter the licensed premises through an entrance or exit that is available for use by the public.
j. 
Inventory Documentation. The licensed retailer shall maintain an accurate record of its inventory. The licensed retailer shall provide the Bureau of Cannabis Control/city with the record of inventory immediately upon request. The licensed retailer shall keep a record of the following information for all cannabis and cannabis products the licensed retailer has in its inventory:
i. 
A description of each item such that cannabis or cannabis products can easily be identified;
ii. 
An accurate measurement of the quality of the item;
iii. 
The date and time the cannabis or cannabis products was received by the licensed retailer;
iv. 
The sell by or expiration date provided on the package of cannabis or cannabis products, if any;
v. 
The name and license number of the licensed distributor or licensed microbusiness that transported the cannabis or cannabis products to the licensed retailer; and
vi. 
The price the licensed retailer paid for the cannabis or cannabis products, including taxes, delivery costs, and any other costs.
k. 
Inventory Reconciliation. The licensed retailer shall perform reconciliation of its inventory in the time and manner required by 16 CCR 5424.
l. 
Record of Sales.
i. 
A licensed retailer shall maintain an accurate record of sales made to a customer.
ii. 
A record of cannabis and cannabis products sold to a customer shall contain the following information:
(a) 
The first name and employee number of the retailer employee who processed the sale;
(b) 
The first name and the retailer assigned customer number for the customer who made the purchase;
(c) 
The date and time of the transaction;
(d) 
A list of all the cannabis and cannabis products purchased, including the quantity purchased; and
(e) 
The total amount paid for the sale including the individual prices paid for each amount of cannabis or cannabis products purchased and any amounts paid for taxes.
iii. 
The point of sales for all sale transactions performed by the licensed retailer shall be credited to the city of La Habra.
m. 
Records. All licensed retailer specific records shall be maintained in accordance with the requirements of 16 CCR 5037.
n. 
Retailer Premises to Retailer Premises Transfer.
i. 
A licensee who holds multiple retail licenses may arrange for the transfer of cannabis and cannabis products from one licensed retail premises to another licensed retail premises if both retail licenses are held under the same ownership.
ii. 
Cannabis and cannabis products transferred to a licensed retail premises under subsection (n)(i) of this section may be sold by the licensed retailer receiving the cannabis or cannabis products if the receiving retailer is in compliance with all requirements of the Bureau of Cannabis Control.
iii. 
The transportation of cannabis and cannabis products under this subsection must comply with all requirements of the Bureau of Cannabis Control.
iv. 
Any movement of cannabis or cannabis products under this section shall be properly entered into the state track and trace system.
(Ord. 1791 § 3, 2018; Ord. 1794 § 2, 2018; Ord. 1827 § 3, 2020)

§ 18.22.040 Commercial cannabis activity business standards.

A. 
Governing Structure and Initial Application Process. A cannabis review board consisting of the city manager, director of community and economic development, police chief, finance director, and director of public works, or their respective designee, shall review the credentials of businesses wishing to establish commercial cannabis activities within the city of La Habra. Within thirty days after the adoption of this chapter, the director of community and economic development shall prepare a commercial cannabis activity application form and related administrative policy submittal sheet. The application form shall at a minimum request the following information:
1. 
The address of the applicant's current corporate/business operation.
2. 
The address of the location for which the conditional use permit is sought.
3. 
The size of the proposed commercial cannabis business operation and state cannabis license type.
4. 
A site plan and floor plan for the proposed commercial cannabis activity denoting the use of all areas within the building, façade improvements including any exterior signage and the exterior improvements of the property, excluding any security measures or features that would compromise the safe storage of products or cash management.
5. 
A proposed security plan in compliance with the standards in this chapter that would be administered between the licensee and the police chief or their designee in order to maintain confidentially of the security plan.
6. 
The names, addresses, and relevant criminal histories of those with an ownership interest and any person who will be a facility manager or otherwise responsible for the commercial cannabis activity (collectively, the "applicant's agents"). A full criminal history which includes all arrests and reasons regardless of convictions as well as any civil court proceedings. A copy of state driver's licenses or identification cards shall be provided for all ownership in the business, any managers, and employees of the business.
7. 
The name and address of the owner and lessor of the real property upon which the commercial cannabis activity is proposed to be located. In the event the applicant is not the legal owner of the property, the application must be accompanied with a signed and notarized acknowledgement from the owner of the property that the commercial cannabis activity can occur on the property and is not in conflict with any lending requirements of the property.
8. 
A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement.
9. 
Authorization for the city manager or the city manager's designee to seek verification of the information contained within the application.
10. 
Evidence that the commercial cannabis activity is compliant with all applicable state and city laws.
11. 
List the experience of the operators of the commercial cannabis activity as it relates to the type of operation proposed within other communities, including out of state operations. Provide a governmental contact person within each of those communities that can address questions regarding that facility.
12. 
A statement in writing as to the applicant hiring practices and a description of community involvement that will accrue as a result of the commercial cannabis facility.
13. 
A statement in writing by the applicant that certifies under penalty of perjury that all the information contained in the application is true and correct.
14. 
The applicant's certificates of automobile and general commercial liability insurance coverage and evidence of worker's compensation insurance (if required) related to the operation of the commercial cannabis business.
15. 
An executed release of liability and indemnity agreement in the form set forth by the city.
16. 
Any such additional and further information as reasonably necessary by the city manager or designee to administer this chapter.
B. 
The police chief or designee shall conduct a background check of any applicant seeking a conditional use permit, including the applicant's agents and those who have an interest in the marijuana business, and shall prepare a report on the acceptability of the applicant and the applicant's agents and the suitability of the proposed location of the commercial cannabis facility.
C. 
Each application shall be accompanied by a fee as established by city council resolution to offset the cost of required police investigation and application processing. The fee is non-refundable and shall not be returned in the event the application is denied, revoked, or suspended.
D. 
The cannabis review board shall review all qualified applications and identify those that best satisfy the requirements of this chapter. The cannabis review board may establish criteria to rank qualified applications based on compliance with this chapter, the applicant's experience, the proffered business plan, the accuracy of information provided in the application, and the level of community service and employment opportunities for residents of the city.
(Ord. 1791 § 3, 2018; Ord. 1827 §§ 4, 5, 2020)

§ 18.22.050 Disqualification of applications.

A. 
The director or designee shall determine whether each application demonstrates compliance. Should an application involve any of the following matters, the application shall be disqualified:
1. 
The applicant or the applicant's agents made one or more false or misleading statements or omissions in the application or during the application process.
2. 
The proposed commercial cannabis facility at the proposed location is not allowed by state law or city zoning code.
3. 
The applicant is not a legal representative of the proposed business operator.
4. 
The applicant or the applicant's agents or business partners have been convicted of a felony, or a misdemeanor involving moral turpitude, or the illegal use, possession, distribution, transportation, or any such similar activity related to controlled substances, for which the conviction occurred prior to passage of Compassionate Use Act of 1996. Neither the applicant, any owner, nor any proposed or prospective manager, shall have been convicted of:
a. 
An offense related to possession, manufacture, sales, or distribution of a controlled substance, with the exception of cannabis-related offenses;
b. 
Any offense involving the use of force or violence upon another person;
c. 
Any offense involving theft, fraud, dishonesty or deceit;
d. 
Any offense involving sales of cannabis, alcohol, or cigarettes to a minor or use of a minor to distribute cannabis, alcohol, or cigarettes;
e. 
Any common law felony. For the purpose of this subsection, a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to any applicable provisions of state law.
5. 
The applicant or the applicant's agents have engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
6. 
The applicant has not been or is not in good standing with the city related to other or previous business activities operated in the city.
7. 
The applicant, each owner, and any existing or prospective manager is not at least twenty-one years of age.
8. 
The applicant, each owner, and any existing or prospective manager, must not have had a similar type of license or permit previously revoked or denied for good cause within the immediately preceding two years prior to the permit application within another community or by the state.
9. 
The applicant has not satisfied all requirements of this chapter.
10. 
The applicant has not complied with all rules and regulations promulgated by the city relating to the application process, including, but not limited to, the submission of an incomplete application and/or has failed to comply with the application form and related administrative policy submittal materials prepared pursuant to Section 18.22.040(A).
B. 
Each application that complies with this chapter and not deemed disqualified shall be placed on the "qualified cannabis applicant list" for the particular commercial cannabis business operation proposed and the director of community and economic development shall notify the applicant in writing that it is a "qualified cannabis applicant."
(Ord. 1791 § 3, 2018; Ord. 1827 § 6, 2020; Ord. 1832 § 2, 2021)

§ 18.22.060 Development agreement/cannabis business tax.

The highest ranked qualified cannabis applicants for the commercial cannabis facility permitted by this chapter shall be permitted to submit an application for a conditional use permit, based on the total number of available permits being offered by the city. Those applicants that are selected must enter into a negotiated development agreement with the city, which must be completed within one hundred twenty days of notification to proceed to the conditional use permit process and may be extended by the community development director one time for a maximum of sixty days if good faith negotiations are proceeding. Upon completion of the development agreement, the qualified cannabis applicant has sixty days to submit an application for a conditional use permit. Failure to reach agreement on a development agreement or submittal of an application for a conditional use permit will remove the applicant from the qualified cannabis application list and waitlist.
Applicant shall pay any applicable cannabis business tax and comply with all terms of any applicable development agreement. Should at any time the conditional use permit become void or revoked, the development agreement would become void.
(Ord. 1791 § 3, 2018; Ord. 1827 § 7, 2020)

§ 18.22.070 Waitlist.

A. 
Qualified cannabis applicants will appear on a "qualified cannabis applicant list" for the particular activity the application was submitted for in the order they are ranked pursuant to this chapter. This list will serve as a waitlist which will be used to select another qualified cannabis applicant in the event that:
1. 
An applicant with a higher ranking on the qualified cannabis applicant list is disqualified.
2. 
A request from a higher ranked applicant to be removed from the list is received.
3. 
Additional permits become available as determined by the city council. A qualified cannabis applicant's ability to submit an application for a conditional use permit is determined by the applicant's position on the waitlist.
B. 
A qualified cannabis applicant that moves from the waitlist to the submittal of a conditional use permit must comply with Section 18.22.060 as outlined in this chapter following issuance of a written notice advising the applicant of that opportunity. Failure to complete this process per the noted time will remove the applicant from the qualified cannabis applicant list for that particular business activity.
C. 
The director of community and economic development shall maintain the waitlist and update it on an annual basis as needed. A qualified cannabis applicant on the waitlist must submit a written request each year to maintain their status on the waitlist. A qualified cannabis applicant can modify their application by submitting a new application and the required fee. The director of community and economic development shall place new or modified applicants on the waitlist in the order in which they are ranked.
(Ord. 1791 § 3, 2018; Ord. 1857 § 8, 2020)

§ 18.22.080 Zoning and land use.

A. 
Location. All commercial cannabis facilities allowed by this chapter are permitted only within those zones as designated by this chapter and subject to issuance of a conditional use permit. All commercial cannabis facilities shall not be located within six hundred feet of a school providing instruction in kindergarten or any grades one through twelve, day care center, youth center or public park (minimum 0.6 acres in size). All distances shall be measured from the property where the facility is proposed to a school, day care center, youth center or public park (minimum 0.6 acres in size) is located along any public street/roadway from the nearest point of the property, which the commercial cannabis facility is to be located, to the nearest property line of those uses describe in this subsection. No property containing a commercial cannabis operation can be immediately adjacent to a property containing a school, day care center, youth center or public park (minimum 0.6 acres in size).
B. 
Co-Location. To the extent not prohibited under state law, another commercial cannabis facility may be located within the same building, facility or real property parcel subject to a conditional use permit for the added facility.
C. 
Conditional Use Permits.
1. 
Prior to commencing operation of a commercial cannabis activity, all persons shall obtain a conditional use permit from the city for all parcels of real property (or portion thereof) upon which the commercial cannabis activity will operate.
2. 
All commercial cannabis facilities shall operate in accordance with the conditions of approval associated with the applicable conditional use permit for the specified parcel of real property (or sub-portion thereof).
3. 
The issued conditional use permit shall be subject to compliance with Section 18.22.060.
4. 
Commercial cannabis facilities shall not exceed the square footage authorized pursuant to the applicable conditional use permit.
5. 
The commercial cannabis facility operator shall have a valid state license for the specific classification permitted by this chapter prior to business operations. Unless determined by the planning commission that cross permitting would negatively affect public safety, the conditional use permit can be for both commercial adult-use and medicinal cannabis activity. The business operator must conduct commercial cannabis activities in accordance with this chapter and state law. The applicant must inform the city in writing if they will be conducting commercial adult-use cannabis activity or commercial medicinal cannabis activity or both as part of the conditional use permit application.
6. 
Commercial cannabis facilities are allowed only within fully enclosed and secure structures that are inaccessible to minors unless allowed by state law. The business operator shall deter and prevent unauthorized entrance into the areas containing cannabis or cannabis products and theft of cannabis or cannabis products. All commercial cannabis facilities shall have a security plan that satisfies the following requirements, but shall not be limited to, all of the following:
a. 
Security cameras shall be installed and maintained in good condition at all times. The areas to be covered by the security cameras would be executed per the public safety and security plan between the licensee and the police chief that shall include, but are not limited to all operation areas, all doors and windows, and any other areas as reasonably determined by the police chief. Requirements for the camera system include:
i. 
The cameras shall be in use twenty-four hours per day, seven days per week.
ii. 
The operator shall maintain at least ninety days of concurrent hours of digitally recorded documentation.
iii. 
Any disruption in security camera images shall be cured expeditiously within twenty-four hours.
b. 
If the commercial cannabis facility directly serves the public, all customer and public access to the facility must be through a secured single point of entry. Entry into the facility from the outside must be completed through a secured vestibule area that is designed to allow for identification confirmation prior to entry into the main lobby or customer service area.
c. 
Prevent persons from remaining on the premises of the commercial cannabis business if they are not engaging in the activity expressly related to the operations of the commercial cannabis business. An armed security guard shall monitor the premises. Panic buttons shall be installed in all commercial cannabis businesses in locations approved by the police chief or designee.
d. 
Establish limited access areas accessible only to authorized commercial cannabis business personnel. Sensors shall be installed to detect entry and exit from all secured areas. An employee safety plan shall be created and submitted to the police chief for review and approval.
e. 
Commercial cannabis facilities shall be secured with an alarm system that is operated and monitored by an independent third party security company as approved by the chief of police. All security personnel, whether employed by the commercial cannabis business or contracted by the commercial cannabis business, shall be subject to prior review and approval of the chief of police or designee.
f. 
Entrance to the commercial cannabis facility, and all storage areas therein, shall be locked at all times, and under the control of the person operating the commercial cannabis facility.
g. 
The entrances and all window areas of the commercial cannabis facility shall be illuminated during evening hours as required by the chief of police to assure security cameras have the proper lighting to function. The commercial cannabis facility shall comply with the city's lighting standards regarding fixture type, wattage, illumination levels, shielding, etcetera, and shall secure the necessary lighting approvals and permits as needed from the chief building official.
h. 
All windows on the commercial cannabis premises shall be appropriately secured and all cannabis securely stored as approved by the chief of police. Should any bars be installed on the windows or the doors of the commercial cannabis facility, they shall be located only within the interior of the building if allowed by the California Building Code.
i. 
Recordings made by the security cameras shall be made available to law enforcement upon verbal request—no search warrant or subpoena shall be needed to view the recorded materials. City code enforcement or law enforcement officers are authorized to conduct reasonable inspections of the commercial cannabis facility. No search warrant or subpoena shall be needed to inspect the facility at any time, unannounced, for making reasonable inspections to observe and enforce compliance with this chapter and all city and state laws. Law enforcement and other agents and employees of the city (collectively, the "city parties") shall have access to commercial cannabis facility, video footage, business records, data, inventory levels and information relating to customers, vendors, products, plans and agreements (collectively, "confidential information"). To the extent confidential information is viewed or possessed by any city parties, the city parties shall, to the maximum extent possible, keep such confidential information confidential, not disclose the confidential information to any third parties, and shall only use the confidential information for purposes specified in this chapter or other laws and regulations of the city related to the city permittees from whom such confidential information has been received. Notwithstanding the foregoing, the city may disclose confidential information: (i) as may be required by the California Public Records Act or pursuant to a valid subpoena or court order, provided, however, that the city shall first notify the applicable business operator and provide a reasonable opportunity to obtain a protective order before disclosing the confidential information; and (ii) in connection with any city enforcement proceeding relating to compliance with the city's municipal code and this chapter, but only to the extent the confidential information is relevant to the proceeding.
j. 
The security system installed for the facility shall be by a licensed Underwriters Laboratory certified security firm.
k. 
A yearly service maintenance contract for the security system shall be submitted for review and approval by the police chief. Should the business operator wish to terminate the service contract, the police chief shall be informed thirty days prior to such termination. The business operator shall submit a substitute yearly service contract for review and approval by the police chief. Termination of the existing contract shall not occur until after the substitute contract has been approved by the police chief.
l. 
A contract for yearly staff training of the security system is to be submitted and approved by the police chief.
m. 
Quarterly maintenance reports of the security system shall be submitted to the police chief.
7. 
There shall be no consumption of any cannabis or cannabis products on site. The entrance of the commercial cannabis premises shall be clearly and legibly posted with a notice indicating that smoking, ingesting, or consuming cannabis, cannabis products or alcohol on the premises is prohibited. Should an employee be found to be under the influence of any behavior-impairing drug, action to terminate employment shall be taken as allowed by law.
8. 
Commercial cannabis facilities shall not adversely affect the health or safety of the nearby property owners/business operators by creating odor, dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes. Any person issued a conditional use permit pursuant to this chapter must follow all local, state and federal requirements for solid waste and hazardous waste disposal.
9. 
The hours of operation of all commercial cannabis activity shall be established as part of the conditional use permit application as approved by the planning commission or as established by state law. Modification of operation hours shall be subject to a recommendation made by the director to the planning commission.
10. 
All cannabis and cannabis products shall be kept in a secured manner during all business and nonbusiness hours.
11. 
All commercial cannabis facilities shall pay all applicable taxes pursuant to federal, state, and local laws, in addition to any payment terms pursuant to Section 18.22.060 as applicable.
12. 
All commercial cannabis facilities shall provide sufficient odor absorbing ventilation and exhaust systems so that odor outside the premises is not detected on any adjacent property, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building or premises as the commercial cannabis business. Any violation of this chapter shall be remedied within fourteen days of the operator receiving notice of such violation unless extended by the director of community and economic development.
13. 
Prior to the sale or the delivery of any edible cannabis or edible cannabis product the same shall be labeled and in tamper-evident packaging which at least meets the requirements of the state.
14. 
Inventory Control.
a. 
All commercial cannabis facilities shall utilize product and inventory tracking software and accounting software that is in-line with state law and as approved by the director of finance. Each commercial cannabis business shall file with the finance director or designee a report (the "quarterly report") showing:
i. 
Gross receipts from operations for the immediate prior quarter by the commercial cannabis business operator, and a cumulative total of all amounts of gross receipts from operations received by the commercial cannabis business operator for the calendar year;
ii. 
A calculation of the quarterly payment due and paid to the city for the prior quarter within thirty days upon completion of the completed quarter; and
iii. 
A calculation of the cumulative total of all quarterly payments for the calendar year.
b. 
The commercial cannabis business operator shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally acceptable accounting principles. For purposes herein "books and records" shall mean all bookkeeping or accounting documents the commercial cannabis business operator utilizes in managing its business operations relating to the commercial cannabis business. Such books and records, as well as all other relevant documents as the city shall reasonably require, shall, upon reasonable written notice, be open for inspection by the city, its auditors or other authorized representatives. If, at any time such books and records prove inadequate in the reasonable judgment of the city to record the gross receipts from business operations as herein required, the commercial cannabis business operator shall, upon the written request of the city, procure and maintain such books and records as shall be of a character and form adequate for such purpose.
c. 
The city shall have the right to audit and examine such books, records and documents and other relevant items in the possession of the commercial cannabis business operator, but only to the extent necessary for a proper determination of gross receipts from the commercial cannabis business operation, and all such books, records, documents and other items shall be held available for such audit and examination.
d. 
Upon request by the city, the commercial cannabis business operator shall make such books, records and documents available to the city, and provide removable copies thereof, within thirty days of the date of the city's request. The cost for any audit shall be shared equally by the commercial cannabis business operator and the city of La Habra. The commercial cannabis business operator shall preserve such books, records, documents, and other items for a period of not less than seven years for the purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the seven-year period and the commercial cannabis business operator claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved.
e. 
The city council has found and determined that the disclosure of confidential financial statements and certain other confidential records in the possession of the city that relate to or concern a permitted commercial cannabis business is outweighed by the public interest in non-disclosure of such records. The city shall keep strictly confidential all statements of revenue furnished by the commercial cannabis business and all other information concerning the commercial cannabis business operation obtained by the city by way of the city's inspection, audit and examination privileges hereunder, except as otherwise required by law or judicial order. Upon receipt of a request for such records pursuant to the Public Records Act (California Government Code Section 6250 et seq.) or by way of a subpoena duces tecum or other civil discovery method, the city shall provide notice of same to the commercial cannabis business operator prior to disclosing any such records and/or the information contained therein. It shall be the sole responsibility of the commercial cannabis business to seek a protective order, as deemed necessary to protect such records and/or information from disclosure.
f. 
Within seven years after receipt of any statement of receipts, the city at any time shall be entitled to carry out an audit of such revenue either by the city or agents to be designated by the city. If it shall be determined as a result of such audit that there has been a deficiency in any payment due to the city made on the basis of such statement, then such deficiency shall become immediately due and payable. If such statement of revenue for the relevant year shall be found to have understated receipts by more than two percent and the city is entitled to any additional payment as a result of such understatement, then the commercial cannabis business operator shall, in addition, pay all of the city's reasonable costs and expenses connected with such audit, including the expense incurred in retaining such agent; otherwise the city shall bear the cost and expense of such audit.
15. 
Signage for all commercial cannabis facilities shall comply with the city's sign code and any restrictions placed on the facility within the conditional use permit.
16. 
The commercial cannabis facility shall fully comply with all applicable rules, regulations, and laws, including, but not limited to, zoning and building city codes, the city's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
17. 
The owner or operator of each commercial cannabis facility shall provide the chief of police with the name, cell phone number(s), facsimile number, and email address of the on-site representative of such facility whom the city and the public can provide notice if there are any operational problems associated with the facility.
18. 
Each commercial cannabis facility shall have the capacity to remain secure and operational during a power outage through the use of an emergency generator or other means approved by the police chief and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
19. 
Each commercial cannabis business shall submit to the chief of police or designee for review and approval, a transportation plan describing the procedures for safely and securely transporting cannabis and cannabis products, drivers and currency. Delivery vehicles shall be equipped with video recording equipment that monitors the inside and outside of the vehicle. All recordings shall be stored up to seven calendar days and be available to city personnel upon request. In addition, each vehicle shall also be equipped with GPS tracking system and an alarm system. All drivers shall have active motor carrier permits issued by the California Department of Motor Vehicles.
20. 
Employee Work Permits—Identification.
a. 
Work Permit Required. Any person who is an employee or who otherwise works or volunteers within a commercial cannabis business must obtain a work permit from the police chief or designee. No person under the age of twenty-one may be employed by or act as a responsible person on behalf of a commercial cannabis operation. The police chief or designee is hereby authorized to establish all regulations necessary to implement the work permit process contemplated in this section, including, but not limited to, the reasons for denial of a work permit to any person. A work permit shall be valid for a twelve-month period and must be renewed on an annual basis. Applications for work permits shall be submitted under oath and shall contain a statement of the past criminal record, if any, of the applicant and such information as may be deemed necessary by the police chief or designee to determine whether the applicant should be issued a work permit. The applicant for a work permit will be required to submit to LiveScan fingerprinting and a photograph for the purpose of the city performing a background investigation and issuance of a work permit. A union employee for which a LiveScan and background investigation has been successfully completed, shall provide proof of such action to obtain a work permit from the police chief. Any determination made by the police chief or designee based on the background check who had a cannabis or marijuana-related conviction that has been subsequently reclassified, dismissed or sealed would not prohibit that employee from receiving a work permit.
b. 
Employee Records. Each owner or operator of a commercial cannabis business shall maintain on-site a register of all the employees currently employed by the commercial cannabis business and shall produce such register to the chief of police or designee or any other city of La Habra official authorized to enforce the La Habra Municipal Code for purposes of determining compliance with this chapter. A copy of the employee's work permit shall also be contained in the register.
c. 
Employee Termination. The commercial cannabis business operator shall notify the chief of police or designee within ten calendar days when an employee terminates employment with the business. Failure to notify the chief of police shall automatically void the work permit.
d. 
Fee. Each application for a work permit and renewal of an existing work permit shall be accompanied by a fee set by resolution of the city council. The fee is non-refundable and shall not be returned in the event the work permit is denied, revoked, or suspended.
21. 
Commercial cannabis facilities shall obtain and have in place non-automotive insurance to protect employees for a minimum of one million dollars.
(Ord. 1791 § 3, 2018; Ord. 1827 §§ 9—14, 2020)

§ 18.22.090 Permit conditions.

A maximum of four commercial cannabis distribution facility conditional use permits; four cannabis testing laboratory conditional use permits and four non-storefront retailer conditional use permits are permitted by this chapter within the city of La Habra.
A. 
Each commercial cannabis facility is subject to the conditions of approval placed on the conditional use permit by the planning commission.
B. 
The business operator shall keep the chief of police updated with the names, addresses, and relevant criminal histories of the owners and business operators of the facility. Failure to report or inaccurately report a change in ownership or business operator is grounds for reconsideration of the conditional use permit for suspension or revocation by the planning commission.
C. 
Any transfer of ownership of a conditional use permit shall be approved by the planning commission. The owner must submit a request to modify the conditional use permit to the new owner. The new owner shall submit all necessary information as would be required from a new operator with appropriate background check conducted by the chief of police. The cost of the background check shall be bore by the owner requesting the transfer of the conditional use permit as per a fee established by the city council. Upon completion of the background check, the chief of police shall make a recommendation to the planning commission. Any attempt to transfer or any transfer of a commercial cannabis facility without approval of the planning commission is hereby declared void and the conditional use permit is deemed immediately revoked and no longer of any force or effort.
D. 
A conditional use permit shall expire and be null and void twelve months after issuance if no action is taken to operate the facility or should the business cease operation due to inactivity.
E. 
To the fullest extent permitted by law, the city does not assume any liability, and expressly does not waive sovereign immunity, with respect to any commercial cannabis facility or for any other activities taking place at a commercial cannabis facility.
(Ord. 1791 § 3, 2018; Ord. 1827 § 15, 2020)

§ 18.22.100 Enforcement.

A. 
Immediate Notification to Police Chief. A commercial cannabis business shall notify the chief of police or designee immediately upon discovering that the security system required by this chapter has become inoperative or is malfunctioning. In addition, notification to the chief of police must be made within twenty-four hours after discovering any of the following:
1. 
Significant discrepancies identified in a commercial cannabis business's inventory. The level of significance shall be determined by the regulations established by the chief of police or designee.
2. 
Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
3. 
The loss of unauthorized alteration of records related to cannabis, or employees or agents of the commercial cannabis business.
4. 
Any other breach of security.
B. 
Any person who willfully or knowingly: (1) engages in a violation of this chapter; or (2) owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this chapter is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this chapter. The permittee shall be responsible for all violations of this chapter and MAUCRSA or its implementing regulations, whether committed by the permittee, its owners, or any employee, volunteer worker, director, manager or other agent of the permittee, for violations that occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence.
C. 
Any violation of this chapter shall constitute a separate offense for each day the violation occurs or persists.
D. 
Any person in violation of any provision of this chapter or who causes another person to be in violation of this chapter shall have committed a misdemeanor. In addition, such violation may be punishable by a fine of up to one thousand dollars for each violation and for each day, the applicable violation continues to persist.
E. 
Any person in violation of any provision of this chapter may be subject to an administrative fine of up to a one thousand dollars per offense.
F. 
Revocation of Conditional Use Permit. Any violation of this chapter or any other relevant city or state law or regulation by a commercial cannabis business is grounds for revoking the relevant conditional use permit by the planning commission, including, but not limited to, the following:
1. 
The director of community and economic development determines that the operator allowed by a conditional use permit has failed to comply with this chapter, any condition of approval, or any agreement or covenant as required pursuant to this chapter.
2. 
The operations and/or the particular commercial cannabis activity permitted by a conditional use permit cease for more than one year.
3. 
The city permittee and/or operator of the commercial cannabis business that is the subject of a conditional use permit fails to obtain and maintain a state license. Revocation, termination, non-issuance or suspension of a license issued by the state of California, or any of its departments or divisions, shall immediately suspend the conditional use permit and the ability of a commercial cannabis business to operate within the city until the state of California, or its respective department or division, reinstates or issues the state license. The city may suspend and/or revoke a conditional use permit in the event the state takes action against the commercial cannabis business and/or its operators, employees, or agents.
4. 
Ownership of the use allowed by a conditional use permit is changed or transferred to a third party, without approval from the planning commission.
5. 
The use allowed by a conditional use permit fails to materially comply with its approved security plan.
6. 
The use allowed by a conditional use permit fails to provide access to the security cameras to the chief of police, or fails to allow inspection of the security recordings, the activity logs, or of the premises by authorized city officials.
7. 
The development agreement entered into as part of the conditional use permit process becomes void.
8. 
The property and/or the commercial cannabis business and/or activities conducted thereon are declared a public nuisance negatively impacting the health, safety, or welfare of the community.
G. 
The director of community and economic development shall schedule the conditional use permit for possible revocation or any other action deemed appropriate by the planning commission. Notice of such hearing shall be provided to the property owner, business operator, and public as is required for any conditional use permit by Section 18.66 of the La Habra Municipal Code. Any decision made by the planning commission is final ten working days after such determination, unless appealed to the city council. Notice of such hearing before the city council shall be provided to the property owner, business operator, and public as required for any conditional use permit. The appeal shall be processed in compliance with Section 18.22.105.
(Ord. 1791 § 3, 2018; Ord. 1827 §§ 16—18, 2020)

§ 18.22.105 Appeals.

A. 
Written Request for Appeal.
1. 
Within ten calendar days after the date of a decision of the community and economic development director or designee(s) and or the planning commission to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.
2. 
At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the city council from time to time.
B. 
Appeal Hearing Process.
1. 
Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city.
2. 
The appeal shall be held within a reasonable time after date of filing, but in no event later than forty-five working days from that date. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing.
3. 
At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.
4. 
The city council may grant or deny the appeal and may issue appropriate orders and/or instruction. All decisions of the city council shall be final.
(Ord. 1827 § 19, 2020)

§ 18.22.110 State and city license requirement.

A. 
State License. Commercial cannabis operations permitted through a conditional use permit by the city of La Habra must obtain the appropriate state license, either an A-License or M-License or both A-License and M-License, within six months of the building permit becoming final and prior to business operation. Failure to obtain the required state license, will result in the automatic expiration of the conditional use permit. Except as otherwise set forth in this chapter, there shall be no prohibitions or restrictions on an M-Permittee obtaining and holding an A-Permit in the specific classification, or an A-Permittee obtaining and holding an M-Permit or vice versa unless a specific condition has been placed on the facility by the planning commission.
B. 
City Business License. An application for a commercial cannabis business license shall be consistent with this chapter, section and regulations adopted by the city council. Each commercial cannabis business license issued by this chapter shall be renewed annually twelve months after the date of its issuance. The issuance of a commercial cannabis business license shall not entitle any person to engage in any cannabis business without first complying with the requirements of this code and all other applicable laws.
C. 
City Business License Denial. A commercial cannabis business license can be denied or revoked if any of the following exists:
1. 
The conditional use permit is suspended or revoked that allows for the commercial cannabis activity.
2. 
The commercial cannabis business has not been in continuous operation the four months prior to the renewal application.
3. 
The commercial cannabis business fails to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or the conditions imposed as part of any conditional use permit or zoning requirements.
4. 
The permittee fails to renew its state of California license.
(Ord. 1791 § 3, 2018)

§ 18.22.112 Nonconforming use.

No use which purports to have provided cannabis prior to enactment of this chapter shall be deemed to have been a legally established use under the provisions of the city of La Habra Zoning Code, the La Habra Municipal Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status.
(Ord. 1827 § 20, 2020)