La Habra City Zoning Code
ARTICLE III
Special Zones
§ 18.40.010 Generally.
The C-U civic-utility zone is designed to permit special applications for essential public uses, either governmental or private, which by necessity must be located in areas other than normally zoned for such specific uses. For purposes of zoning requirement considerations, all requirements in C-U civic-utility zones shall generally be deemed as similar to the zone in which such uses are permitted elsewhere in this code. The C-U civic-utility zone is expressly intended for detailed site plan consideration in every case, as contained hereafter, and thus detailed specifications are not listed.
(Ord. 1719 § 1, 2010)
§ 18.40.020 Uses permitted.
In the C-U zone, the following uses are permitted:
The uses permitted in this zone are those of a civic or public utility nature, which are considered necessary or convenient to the public welfare, as specifically determined by the planning commission and city council.
A.
Public buildings of any nature, owned, leased, or used by any government jurisdiction; including civic center structures, waterworks, parks and publicly owned easements; schools and installations, and flood-control and other public rights-of-way;
B.
Public utilities installation of an industrial or operational, but noncommercial nature, including power or telephone substations, gas or water aboveground structures and apparatus, and railroad trackage, rights-of-way, except as such uses are or may in the future be regulated by the Public Utilities Commission of the state;
C.
Such other uses as the planning commission and city council may find similar to those listed in this subsection.
(Ord. 1719 § 1, 2010)
§ 18.40.030 Accessory uses permitted.
In the C-U zone, the following accessory uses are permitted:
The accessory buildings and structures necessary to such use of the permitted uses set out in Section 18.40.020.
(Ord. 1719 § 1, 2010)
§ 18.40.040 Uses permitted by conditional use permit.
In the C-U zone, the following uses are permitted by conditional use permit as provided for under Chapter 18.66:
Such uses which are, in the opinion of the planning commission, similar to and compatible with, and are not detrimental to the welfare of the community as compared to the uses specifically mentioned.
(Ord. 1719 § 1, 2010)
§ 18.40.050 Uses expressly prohibited.
§ 18.40.060 Standards of development.
In the C-U zone, the following standards of development shall apply:
A.
Building Height. Generally subject to the applicable standards of adjacent zones.
B.
Front Yard. Generally subject to the applicable standards of adjacent zones.
C.
Side Yard. Generally subject to the applicable standards of adjacent zones.
D.
Rear Yard. Generally subject to the applicable standards of adjacent zones.
E.
Area Requirements. Generally subject to the applicable standards of adjacent zones.
F.
Usable Yard Area. Generally subject to the applicable standards of adjacent zones.
(Ord. 1719 § 1, 2010)
§ 18.40.070 Special development standards.
In the C-U zone, the following special development standards shall apply:
A.
Distance Between Buildings on the Same Lot. Generally subject to the applicable standards of adjacent zones.
B.
Walls and Fences. Generally subject to the applicable standards of adjacent zones.
C.
Signs. Generally subject to the applicable standards of adjacent zones.
(Ord. 1719 § 1, 2010)
§ 18.42.010 Generally.
The OS open space zone is intended to provide for the protection of those parcels designated as permanent open space. This zone is intended to protect parcels and/or areas which have been designated by the city council to be necessary for the preservation of public health, safety and welfare. The OS open space zone shall apply to public parks, flood control channels specified on the official map of open space, reservoirs and their associated land, and those areas designated on the official map of open space to be too hazardous for construction due to slope steepness, soil instability or seismic hazard.
(Ord. 1719 § 1, 2010)
§ 18.42.020 Uses.
See Section 18.06.040.A.
(Ord. 1719 § 1, 2010)
§ 18.42.030 Accessory uses permitted.
In the OS zone, the following accessory uses are permitted:
The accessory buildings and structures necessary to such use of the permitted use under Section 18.42.020.
(Ord. 1719 § 1, 2010)
§ 18.42.040 Standards of development.
In the OS zone, the following standards of development shall generally apply; however, the planning commission and/or city council may require compliance to specific development standards based on a determination to be made on an individual case:
A.
Building Height. Generally subject to the applicable standards of adjacent zones.
B.
Front Yard. Generally subject to the applicable standards of adjacent zones.
C.
Side Yard. Generally subject to the applicable standards of adjacent zones.
D.
Rear Yard. Generally subject to the applicable standards of adjacent zones.
E.
Area Requirements. Generally subject to the applicable standards of adjacent zones.
F.
Usable Yard Area. Generally subject to the applicable standards of adjacent zones.
(Ord. 1719 § 1, 2010)
§ 18.42.050 Special development standards.
In the OS zone, the following development standards shall apply, except as specifically required by the planning commission or city council to be determined on an individual case:
A.
Distance Between Buildings on the Same Lot. Generally subject to the applicable standards of adjacent zones.
B.
Walls and Fences. Generally subject to the applicable standards of adjacent zones.
C.
Signs. Signing, other than that required for identification and regulation of city parks, erected in the OS open space zone shall identify only the name of the facility and the street number. Maximum height of the sign shall not exceed five feet, maximum size shall not exceed forty square feet, and only one sign may be erected. All signing shall be approved by the planning commission.
(Ord. 1719 § 1, 2010)
§ 18.43.010 Generally.
Land classified in a P zone may also be classified in an R zone and the following regulations shall apply in the P automobile parking zone unless otherwise provided in this title.
(Ord. 1719 § 1, 2010)
§ 18.43.020 Uses permitted.
In the P zone, the following uses are permitted:
A.
Any use permitted in the R zone in which the land is classified and when so used subject to all of the provisions contained in the sections defining the R zone.
B.
Open-air, temporary parking of transient automobiles, except trucks of over one thousand five hundred pounds capacity.
(Ord. 1719 § 1, 2010)
§ 18.43.030 Standards of development.
In the P zone, the following standards of development shall apply:
Parking. See Chapter 18.14, Off-Street Parking Requirements.
(Ord. 1719 § 1, 2010)
§ 18.44.010 Generally.
A.
Whenever the regulations in this specific plan zone differ from other regulations, within this title the regulations contained herein supersede those sections and other city regulations. Where an issue is not addressed by the regulations in this specific plan zone, the appropriate section of Title 18 shall prevail.
B.
All building construction within the specific plan area shall comply with applicable building codes.
C.
The development standards and design guidelines contained in the specific plan shall apply as an overlay ordinance to all three sub-areas of La Habra Boulevard.
(Ord. 1719 § 1, 2010)
§ 18.44.020 Uses.
See Section 18.06.040.
(Ord. 1719 § 1, 2010)
§ 18.44.030 Accessory uses permitted.
A.
On all sites within the plan area designated as residential uses, the following accessory uses are permitted:
B.
On all sites designated for commercial uses, the following accessory uses are permitted:
1.
Accessory buildings necessary to such use located on the same lot or parcel of land including storage sheds for exclusive use of the patrons of the stores or business located on-site, provided that appropriate building permits are received; and
2.
Processing or treatment of products which is clearly incidental to the business conducted on-site and provided that not more than five persons and not more than fifty percent of the full area of the building is used in the manufacture or manufacturing or treatment of the products and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes.
(Ord. 1719 § 1, 2010)
§ 18.44.040 Standard of development.
Within the boundaries of the La Habra Boulevard specific plan, the following standards of development, as specified below shall apply:
A.
Building Heights.
1.
On all parcels with a commercial designation, building heights shall not exceed four stories or fifty feet.
2.
On all parcels with a residential designation, building heights shall not exceed two and one-half stories or thirty-five feet.
3.
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 chapter. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than thirty feet above the height limit provided in this chapter; provided, however, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.
B.
Front Setbacks.
1.
There shall be a front building setback of not less than ten feet on all land uses within the plan area designated for commercial uses. Such area shall be landscaped. Such landscaping may be a combination of hardscape and softscape (plants) with at least twenty-five percent of the area devoted to softscape.
2.
For residential uses the front setback shall be twenty feet for low-density development and fifteen feet for medium- and high-density development.
3.
Cornices, canopies or awnings, eaves, balconies, landings, window boxes or other similar architectural features, not providing additional floor space within the building, may extend into the required front setback area no more than thirty-six inches. Additional encroachment of architectural features may be allowed as approved by the planning commission.
4.
Patios provided for uses within areas designated for residential use as private yard area shall not encroach into the setback area.
5.
No accessory structure may encroach into any setback area.
C.
Side Setbacks.
1.
For all side yards along a street frontage there shall be a minimum of a ten-foot setback. Encroachments shall be allowed as described in subsection B of this section.
2.
Side setbacks for commercial buildings are not required, except when such building is located on a corner lot or when it is adjacent to any site designated residential.
3.
Whenever an interior side lot line of a commercial or multiple family residential use abuts any portion of a single-unit residential use there shall be provided a setback of not less than ten feet, such area shall be landscaped. For multi-unit residential uses such spaces may be used as private or common yard area.
4.
For all uses encroachments are permitted as identified in subsection (B)(3) of this section.
5.
For multi-unit development the second floor shall be set back fifteen feet. The roof platform created by the difference between the first and second floor may be used for any use consistent with all the other development standards for the plan area.
6.
No accessory structure may encroach into any setback area.
D.
Rear Setbacks.
1.
There shall be a minimum rear setback requirement along the rear property line of all sites designated for commercial uses of not less than twenty feet.
2.
There shall be a minimum rear setback requirement along the rear property line of all sites designated for low-density residential uses of not less than twenty-five feet.
3.
There shall be a minimum rear setback requirement along the rear property line of all sites designated for multi-unit residential consistent with the requirements of subsection C of this section.
4.
No accessory structure may encroach into any setback area.
E.
Area Requirements. For all sites located in the plan area the minimum standards apply.
1.
A minimum lot size for new commercial development shall be five thousand square feet. Minimum lot frontage shall be fifty feet.
2.
A minimum parcel size of twenty-four thousand square feet shall be required for new high-density multiple family residential developments. Minimum lot frontage shall be sixty feet.
3.
A minimum parcel size of fifteen thousand square feet shall be required for new medium-density multiple family residential developments. Minimum lot frontage shall be sixty feet.
4.
Exception. These standards shall not apply to the upgrading, remodeling or overall enhancement or improvement of any existing structure provided that the floor area of such building is not increased more than twenty percent and further provided that there is no decrease in available on-site parking.
5.
A minimum lot size of five thousand feet shall be required for all low-density residential uses. Minimum lot frontage shall be fifty feet.
6.
Each lot designated for medium-density residential use shall have a minimum of three thousand one hundred feet per dwelling unit.
7.
Each lot designated for high-density residential use shall have a minimum of one thousand nine hundred feet per dwelling unit.
8.
Maximum land coverage (building footprint) for all multi-unit development shall not exceed forty percent.
9.
A minimum floor area of one thousand square feet shall be provided for all single-unit residential dwellings.
10.
A minimum dwelling unit size exclusive of garages, carports, balconies, patios, terraces and open porches shall be provided for all multi-unit residential dwellings. The minimum sizes shall be as provided in the following table.
MINIMUM UNIT SIZE | |
|---|---|
Unit Type | Minimum Square Feet |
Bachelor unit | 480 |
One bedroom | 700 |
Two bedroom | 900 |
Over two bedrooms | 900 + 150 for each additional bedroom |
F.
Usable Yard Area.
1.
For all commercial uses: none.
2.
For all residential uses:
a.
Minimum Area Per Parcel. No parcel used for residential development shall have less than one thousand square feet of usable yard area. Usable yard area must have a minimum dimension of fifteen feet. Exception: up to fifty percent of the required area may be twelve feet.
b.
Minimum Area Per Dwelling Unit. The minimum required usable yard area shall not be less than two hundred and fifty square feet for each dwelling unit, either as a private usable open space or a combination of private and common open space with at least thirty percent of the units having private open space.
c.
Private Usable Yard Area.
i.
The required usable yard area when located on open ground, utilized as patios, terraces, atriums, or surfaces of courts shall have a minimum dimension of eight feet and a minimum area of ninety-six square feet.
ii.
The required usable yard area when located on balconies, porches or decks shall have a minimum dimension of seven feet and a minimum area of seventy square feet.
d.
Common Usable Yard Area.
i.
The remaining required usable open space shall be part of the common open space and shall not have any dimension less than fifteen feet and shall not be less than four hundred square feet in area.
ii.
All common yard area shall be conveniently located and readily accessible from all dwellings, shall be screened from adjacent streets and shall be landscaped with lawns, trees, shrubs and other permanently maintained plant materials when not used as swimming pools, game courts or other similar recreational facilities.
e.
Description.
i.
The usable yard area required by this chapter shall not be used for parking, driveways, and automobile turning areas or assessory buildings. The maximum gradient shall be less than five percent.
ii.
Such usable yard area shall not be located within a required front yard or a side yard abutting a street, or a required rear yard abutting a street.
(Ord. 1719 § 1, 2010; Ord. 1748 § 3, 2013; Ord. 1853, 12/18/2023)
§ 18.44.050 Special development standards.
A.
Distance Between Buildings on the Same Lot (Residential Development Only).
B.
Fences and Walls.
1.
All fences and walls, excluding masonry and building code approved permanent-finish panels, shall be painted in a color scheme, consistent with the color palette in Chapter 5, Section D of this plan, and improvements shall be maintained in a neat, orderly condition at all times.
2.
No portion of the wall or fence shall be used for advertising or display.
3.
Any structures that are used as part of the yard boundaries and/or are exposed to view from a street or highway frontage shall be subject to painting, maintenance and sign requirements for fences and walls.
4.
No barbed wire, concertina wire, grape stakes or chain link shall be permitted as fencing material.
5.
A solid masonry wall six feet in height shall be provided between all neighboring sites of commercial and residential uses. Exception: all walls in front setback areas may not exceed three feet in height.
6.
Where a wall required by this plan is located between properties having different grade levels, the height shall be measured from the highest grade.
C.
Signs.
1.
Commercial Signage Criteria—General.
a.
Wall-mounted, projecting, and pedestal signage is permitted.
b.
Signage shall be integrated with the architectural details of the structure. Signage shall be placed so that it does not overlap significant design elements, such as cornices, columns, balustrades, or surface details.
c.
Colors used in the signage shall complement the color palette used for the building façade. Sign backgrounds shall consist of neutral or muted colors. Bright colors may be used for sign copy or logos as approved by the head planning official or his/her designee.
d.
Signage should be pedestrian-oriented, generally located no higher than twelve feet above the sidewalk elevation.
e.
The use of neon signage is permitted. Only one neon sign will be permitted for each business. The use of neon is subject to review by the planning commission.
f.
Moving or animated signage is not permitted.
g.
New roof signs and billboards are not permitted.
2.
Wall Signs.
a.
Wall signs may be placed above the storefront, between the ends of the building wall line, and no higher than the lowest of the following:
b.
Signs may not project vertically above the top of the parapet or horizontally beyond the end walls of the structures.
c.
Exceptions to these location standards may be granted for existing or specialized signs, e.g., movie theaters by approval of the planning commission.
d.
The maximum area of a wall sign shall not exceed two square feet per lineal foot of the store frontage. Larger signs may be considered depending on their individual design and architectural merit. Unique oversize logo and identification signs may be considered as exceptions. When an oversize sign is permitted, it shall be limited to the legal name of the business and no other wording (e.g., "hardware" or "videos") shall be permitted.
e.
Wall signs shall be mounted flush to or recessed into the building and fixed securely. They shall not project more than twelve inches from the face of the building wall.
f.
One wall sign shall be permitted on each sidewalk or alley elevation. Provided that the total signage does not exceed the maximum allowed for the site.
3.
Window Signs. A window sign is defined as a sign, which is painted, posted, or displayed on an interior translucent or transparent surface, including windows, and doors. The ground level area coverage is not to exceed twenty-five percent of the total window and door area visible from the exterior of the building. No window sign shall be displayed above the first floor.
4.
Projecting Signs.
a.
A projecting sign is defined as a sign which is attached to a building or structure and which projects in a perpendicular manner more than twelve inches from the wall surface of the portion of the building or structure to which it is mounted. The maximum allowable area should be sixteen square feet (eight square feet on either side of the sign) per business establishment. No less than six inches should exist between the sign and the building surface to which is mounted. Projecting signs should project no more than four feet from the building wall surface. In no case may a sign project over the public right-of-way. Projecting signs shall be no higher than the lowest of the following:
b.
There shall be no projecting signs lower than eight feet above grade.
c.
No projecting signs should be less than five feet from any common wall or other point common to two separate business establishments on the same property; nor should any projecting sign be located less than five feet from any other projecting or freestanding sign, whether on the same property or not.
d.
When a projecting sign is located on a structure in combination with an awning the sign shall be placed below the lowest elevation of the awning and no lower than eight feet above grade, and limited to four square feet on either side of the sign.
5.
Freestanding Business Identification Signs. A freestanding sign is defined as a sign which is not part of or attached to any building but located elsewhere on the parcel. The maximum allowable area should be thirty-two square feet (sixteen square feet on either side of the sign). Freestanding signs shall be located at or close to grade, no higher than eight feet from grade within an approved landscaped area, and not to be located in any public right-of-way.
6.
Building Tenant Identification. Multi-tenant buildings and businesses with entrances located within building pass-through may list the names of tenants on a building directory located near each major building and/or pass-through entrance. Each tenant is allowed up to two square feet of signage per directory. No directory shall exceed sixteen square feet.
7.
Temporary Signage/Banners. Any sign made of poster paint on glass, paper, wood, or plastic, will not be permitted for a continuous period to exceed thirty days. The area of temporary signs may not exceed ten percent of the total window and door area visible from the exterior and not to exceed five square feet per sign. No temporary signs shall be placed in the public right-of-way.
8.
Calculation of Sign Area. Signs shall be measured by the area of the geometric shape not exceeding four sides which encloses all words and/or symbols and background material which is a part of the sign.
9.
Lighting in Signs.
a.
Lighting may be used to illuminate signage, façade, and architectural details. Illumination levels shall be muted and indirect; excessively bright levels shall not be permitted. Lighting shall not shine directly on adjacent properties or result in glare which affects motorists or pedestrians.
b.
Lighting fixtures shall be integrated with the structure's architectural details. Units, which overlap or obscure significant details, will not be permitted.
c.
Flashing and moving lights will not be permitted.
d.
Neon tube lighting may be used to highlight building details or as signage (following section). Such lighting must be discretely used and well integrated with the façade.
e.
Bare bulb illumination is permitted if discretely used and well integrated with the façade.
10.
Signage Exceptions.
a.
Signs required by law.
b.
Signs owned by a government agency.
c.
Public utility signs that contain no advertising copy and which are customarily utilized to explain the utility function.
d.
One construction sign located on a location where a building or structure is being erected or remodeled, provided that such sign shall not extend more than eight feet above ground level nor exceed forty square feet in area.
e.
Temporary real estate signs which indicate that the building, land, or premises is for sale, lease, or rent, provided such signs are located on the property to which they relate and do not exceed twenty square feet in area, and that they are removed immediately upon completion of the transaction.
f.
Holiday decorative signs (painted on windows); for a period not to exceed ten days after the holiday, except for Christmas signs which must be removed by January 15th.
g.
Traffic/parking signs.
h.
Open house signs (on private property).
i.
Special civic or volunteer organization event signs; as approved by the city council.
D.
Vehicle Repair Standards.
1.
All vehicle mechanical and body repair, painting, and upholstery activities shall be permitted only with approval of a conditional use permit by the planning commission. All such uses are subject to the following design standards:
a.
All operations shall be conducted within an enclosed building.
b.
All areas or structures used shall be so located or soundproofed as to prevent annoyance or detriment to surrounding property.
c.
All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from any street or surrounding property.
d.
All repair activities as described in this section shall be confined to the hours between seven a.m. and seven p.m. daily.
e.
No damaged or wrecked vehicles shall be stored for purposes other than repair and shall not constitute an automobile impound yard.
f.
Dismantling of vehicles for purposes other than repair or the sale of used parts is prohibited.
g.
No goods for sale shall be displayed outside of the building.
h.
Outdoor storage of recreational vehicles or construction equipment is not permitted.
2.
All future development of automobile/vehicle mechanical and body repair, painting, and upholstering activities shall be in compliance with the minimum site development standards as listed in subsection (D)(1) of this section.
3.
All existing automobile/vehicle uses shall have ten years from the effective date of the adoption of the ordinance approving the specific plan update (December 6, 1999) to comply with this section. Exception: any such existing use is remodeled or enlarged shall comply at such time that the remodeling or enlargement takes place.
E.
Closing of Automobile/Vehicle Repair and Service Facilities. In the event that automobile/vehicle repairs development is closed and not operated for a period of one hundred eight consecutive days (six months). The chief planner shall notify the property owner 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 18.66.070. If no extension of time is requested or the planning commission denied an extension of time for the conditional use permit, the chief planner shall so notify the property owner in writing.
Any part of a building, structure or land occupied by an automobile/vehicle repair activity without a conditional use permit, if abandoned, shall not again be used or occupied for an automobile/vehicle repair use. Any part of a building structure or land occupied by any automobile/vehicle repair use which is discontinued for a period of one hundred eighty consecutive days, or more shall not again be used or occupied for an automobile/vehicle repair use, unless a conditional use permit is granted by the planning commission.
F.
Design Review. The intent of the site plan design review process set forth in this section is to assure the implementation of the La Habra Corridor specific plan in accordance with the design guidelines and development standards contained in the specific plan, Chapters IV and V and other applicable city of La Habra development and performance standards. Conformance of development is assured through a three-step review process involving: (1) La Habra community development planning department; (2) design review board/planning commission; and (3) planning commissioners.
1.
Process.
a.
Planning Department. Prior to the issuance of any minor building permits for interior building changes, landscaping, parking lot plans, minor repair to the exterior of the building, walls and fences, mechanical equipment and similar projects, the chief planner or designee shall first review the permit to determine if the intent and use of the goals and objectives of the specific plan are consistent with the design guidelines contained in this specific plan. Review of projects under this category may be performed over the planning department public counter without a fee.
b.
Design Review Board/Planning Commission. The planning commission shall also act as the design review board for projects within the specific plan. Prior to the issuance of building permits, the design review board shall consider projects of front landscaping if hardscape or encroachment is involved, minor exterior changes such as doors and windows, minor exterior or site changes, exterior colors, freestanding signs and neon sign, and similar projects shall be considered to ensure architectural compatibility. Projects requiring review by the design review board shall be scheduled on the next available planning commission agenda for consideration without fee. The design review board may conditionally approve, approve or deny the application. The decision of the design review board may be appealed to the city council subject to the appropriate appeal fee.
c.
Planning Commission. Prior to the issuance of any building permit, all new development, major remodeling or structural rehabilitation of more than twenty-five percent of the building area, and additions which add to the floor area, a site plan design review shall be approved by the planning commission. An application for a design review shall be filed along with such materials as may be required as per Chapter 18.68, Design Review, of this title excepting that the fee for site plan design review permit shall be one-half of the fee to process a site plan approval permit. Subsequent to the receipt of a complete application, the planning commission shall approve, conditionally approve, or deny any application for design review per the procedures and requirements established in Chapter 18.68, Design Review, of this title. The planning commission may grant deviations from the prescribed development standards guidelines to those parcels which by the nature of their size, location, topography, configuration or other considerations require overall planning design and control in order to achieve the goals and objectives of the specific plan.
(Ord. 1719 § 1, 2010; Ord. 1735 § 1, 2012)
§ 18.44.060 Design guidelines.
The following design guidelines for building renovation and new constructions are established to effectuate the achievement of the overall aesthetic goals and objectives of the specific plan. These guidelines are especially designed to provide applicants with a variety of options in achieving the architectural effect of the Early California Spanish Style.
A.
Façade Treatments.
1.
Building Exterior Finishes. All finishes on the street elevations shall be smooth, semi-smooth or light sand exterior plaster or brick masonry (the intent is to make the wall surface appear to be plastered masonry). The planning commission must review all other proposed textures.
a.
The use of neon as an architectural feature is permitted, provided that it is well integrated with the building façade and adequately maintained. The use of neon is subject to review by the planning commission.
2.
Accent Materials/Treatments. Accents shall include at least three of the following:
a.
Arcades or colonnades (with circle arches, bows or heavy wood timber);
b.
Arches or bows;
c.
Brick (new or used);
d.
Ceramic tile;
e.
Clay pipe vents;
f.
Cloth awnings;
g.
Columns (with plaster banding);
h.
False second floor treatments (balconies, window, etc.);
i.
Plaster banding or built up plaster elements;
j.
Stone;
k.
Wood (rough sawn heavy timber); and
l.
Wrought iron.
3.
Colors. The following color requirements shall apply to the renovation of existing and construction of new structures within the La Habra Boulevard specific plan area:
5.
Windows and Doors. All windows shall conform to the following requirements:
a.
At least twenty percent of the building façade shall be in glazing. This percentage may be reduced if a courtyard is provided.
b.
All windows and doors shall conform to the Early California/Mission Style architecture.
c.
All aluminum storefronts shall be painted or anodized with an accent color approved by the planning commission. No bare aluminum shall be used.
d.
The use of reflective "mirror" type glass windows (glazing) or "mirror" type reflective film on glass and metal panels is not permitted.
e.
All windows and doors shall have accent treatments, which include at least three of the following:
i.
Awnings and/or eyebrows;
ii.
Arched or bowed;
iii.
Double doors (with or without windows);
iv.
False balcony;
v.
Muttons and mullions (divided lights—applied or real);
vi.
Plaster bands;
vii.
Recessed opening;
viii.
Wood shutters;
ix.
Wood lintels;
x.
Wrought iron;
xi.
Or other treatments as approved by the planning commission.
B.
Roof Material and Form. The following treatments are required on all roofs to enhance and establish design consistency:
1.
Roof vents and appurtenances shall be painted a color which will match the roof color.
2.
All tiles used on roofs shall be clay or concrete barrel or "s" tiles. Tile colors shall be mixture with a minimum of seventy percent terra cotta. A material of similar texture, color consistency, durability and fire-retardant qualities may be used upon approval of the planning commission. Each tile shall be nonreflective (unglazed) for a soft finish look. Plastic, metal, wood shake and asphalt tiles shall not be permitted.
3.
Roof accents shall include at least one of the following:
4.
Roof form can consist of flat, mansards, sloped (hip or gable), or any combination provided that the architectural requirements for each type are met.
5.
Mansard type roofs may not have a slope of greater than five is to twelve.
6.
Material on sloping roofs of the same buildings shall be the same on all roof surfaces of the same building.
7.
A three is to twelve to five is to twelve (vertical: horizontal distance) roof pitch is required for all main roof surfaces with the exception of arcades or colonnades.
8.
Roof pitch for attached arcades or colonnades shall be a minimum two is to twelve. Roof types shall be restricted to low pitch gable roofs, with the occasional use of a hip roof or shed roof as an accent at the end of the building.
9.
Flat roofs with parapet walls to screen rooftop equipment are acceptable provided that all screening materials shall be consistent with the wall treatment materials listed in subsection (A)(2), Accent Materials/Treatments.
10.
Solar panels are to be flush with the roof slope and screened from view.
11.
Mechanical equipment and utilities shall be architecturally screened from view. Rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a building shall be arranged so as not to be visible from any point at or below the roof level of the subject building. This requirement shall apply in construction of new buildings that result in significant changes in such rooftop equipment and appurtenances. The features so regulated shall in all cases be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design of the building. Minor features not exceeding one foot in height shall be painted but otherwise exempted from this regulation.
C.
Awnings.
1.
All awnings shall be presented to the planning commission for review.
2.
Cloth awnings will be permitted to provide shade to a storefront and identification through graphics. Metal and glossy vinyl awnings are prohibited. Colors may include earth tones and bright colors as approved by the planning commission. Fade-resistant fabrics should be used and replaced no less often than once every three years.
3.
Signage will be restricted to the horizontal edge of the awning. In special cases, with planning commission approval, signage may be permitted on the sloped elevation of the awning. This signage may include logos or graphics.
4.
Awnings shall be integrated with the architectural design character of the structure. They shall be placed to complement the rhythms established by storefront windows, doors, columns, cornices, and other elements and not overlap or obscure any significant design feature.
5.
An awning may project no more than four feet from the structure's façade and shall be a minimum of eight feet above the sidewalk.
6.
All new awnings in integrated storefront or centers shall match or substantially conform to existing approved awnings.
7.
All awnings over public property shall be retractable.
8.
All awnings require approval of permits by the building official.
D.
Security/Access. Security systems for businesses along La Habra Boulevard are recommended to protect the safety of customers and property. Specific architectural measures shall include the following:
1.
Exterior Lighting. All new development or major remodeling shall include illumination of the property using light standards or building-mounted lights, which enhance the streetscape. Standards should be oriented to the pedestrian level and placed to shed light on the entrances to the shops, walkways, courtyards and parking lots.
2.
Interior Spaces. Storefront windows should be illuminated and allow visual observation of interior spaces from the exterior.
3.
Street Addresses. Street address numbers shall be posted in minimum ten-inch high letters on both the front and any rear elevation which faces an alley for all structures for loading/delivery, customer convenience and emergency personnel.
(Ord. 1719 § 1, 2010)
§ 18.46.010 Generally.
Land classified in a D zone shall also be classified in another zone and the regulations set out in this chapter shall apply in the D architectural design zone unless otherwise provided in this title.
(Ord. 1719 § 1, 2010)
§ 18.46.020 Architectural standards.
In order that buildings, structures, signs and landscaping will be in harmony with other structures and improvements in the area, and not of obnoxious, undesirable or unsightly appearance, the following items shall be considered in approving plans of proposed improvements in the architectural design zone:
A.
The height, bulk and area of buildings;
B.
The setback distances from all property lines;
C.
The colors and materials on the exterior;
D.
The type and pitch of roofs;
E.
The size and spacing of windows, doors and other openings;
F.
The size, type and location of signs;
G.
Towers, chimneys, roof structures, flagpoles, radio and television masts;
H.
Plot plan, landscaping and automobile parking areas;
I.
The relation to the existing buildings and structures in the general vicinity and area.
(Ord. 1719 § 1, 2010)
§ 18.46.030 Procedure.
All proposed new development or any exterior modification to any existing development in the D architectural design zone shall be subject to the requirements of Chapter 18.68, Design Review, of this title.
(Ord. 1719 § 1, 2010)
§ 18.46.040 Standards of development.
Parking Lot Landscaping and Design. See the landscaping requirements applicable to the primary zone to which this overlay zone applies.
(Ord. 1719 § 1, 2010)
§ 18.48.010 Generally.
The purpose of this chapter is to establish standards, and use regulations for the development of emergency shelters in compliance with state law and to implement the general plan policies of the housing element.
(Ord. 1719 § 1, 2010)
§ 18.48.020 Definitions.
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.
(Ord. 1719 § 1, 2010)
§ 18.48.030 Uses permitted.
In the ES emergency shelter overlay zone the following uses are permitted:
A.
Emergency shelters in accordance with the regulations set forth in Chapter 18.30, Special Needs Housing;
B.
Commercial or industrial uses as may be indicated in the underlying zone in accordance with the regulations set forth in this title.
(Ord. 1719 § 1, 2010)
§ 18.48.040 Accessory uses permitted.
In the ES emergency shelter overlay zone, the following accessory uses are permitted: any accessory use necessary to the permitted uses provided for in the underling zone or Section 18.30.060.
(Ord. 1719 § 1, 2010)
§ 18.48.050 Uses permitted by conditional use permit.
In the ES emergency shelter overlay zone, the following uses are permitted by conditional use permit: those uses requiring conditional use permits in the underling zone.
(Ord. 1719 § 1, 2010)
§ 18.48.060 Uses expressly prohibited.
In the ES emergency shelter overlay zone, the following uses are expressly prohibited: those uses expressly prohibited in the underlying zone over which the ES zone is applied.
(Ord. 1719 § 1, 2010)
§ 18.48.070 Standards of development.
In the ES emergency shelter overlay zone, the following standards of development shall apply:
A.
Those standards of development specified for the underlying zone over which the ES zone is applied:
(Ord. 1719 § 1, 2010)
§ 18.50.010 Generally.
It is the purpose of this chapter to establish a category for oil districts for oil operations under which present and future oil operations shall be permitted. It is the purpose of oil district overlay "O" to enable utilization of land for compatible development of normal commercial, residential and industrial surface uses as well as the extraction of hydrocarbon substances from the earth's subsurface.
(Ord. 1719 § 1, 2010)
§ 18.50.020 Definitions.
The definitions set forth in Chapter 15.74, Oil Drilling and Production Regulations, shall also apply to the provisions of this chapter.
(Ord. 1719 § 1, 2010)
§ 18.50.030 Uses permitted.
In the "O" oil drilling overlay zone the following uses are permitted:
B.
Commercial, residential or industrial subsurface uses as may be indicated in any underlying zone in accordance with the regulations set forth in this title or by any adopted specific plan in accordance with state law.
(Ord. 1719 § 1, 2010)
§ 18.50.040 Application.
(Ord. 1719 § 1, 2010)
§ 18.50.050 Standards of development.
A.
Underlying Zone. Those standards of the zone under which the proposed use would be allowed or such standards which are clearly designated on the planned unit development as approved by the planning commission and city council.
B.
Specific Plan. Those standards of a specific plan approved and adopted by the city council pursuant to appropriate state law.
(Ord. 1719 § 1, 2010)
§ 18.52.010 Generally.
The objective of the planned unit development overlay zone is to secure a fuller realization of the general plan of the city than that which would result from the application of present zone district regulations. The PUD overlay zone is intended to be applied to those parcels which, by the nature of their size, location, topography, configuration, economic potential or other considerations, require overall planning design and control in order to achieve the goals and objectives of the general plan. The planning design and control will secure to the community, the future occupants, and the developer values and amenities greater than those likely to be achieved by applying solely the relatively inflexible zoning provisions otherwise generally necessary to regulate the successive development of individual lots by numerous different owners. For commercial and/or residential development, the planned unit development overlay zone provides a method whereby land may be designed and developed as a unit by taking advantage of modern site planning techniques in order to produce an environment of stable, desirable character which will be in harmony with existing or potential development of the surrounding neighborhood.
(Ord. 1719 § 1, 2010)
§ 18.52.020 Uses permitted.
In the PUD overlay zone, the following uses are permitted: Commercial and residential uses consistent with the general plan land use designation and the primary zone, with specific uses to be reviewed and approved by the planning commission and city council as provided for in this chapter.
(Ord. 1719 § 1, 2010)
§ 18.52.030 Definitions.
For purposes of this chapter, the following shall apply:
shall mean the use of a property, a structure, or any portion thereof for the gathering together of fifty or more persons for a common purpose, such as deliberation, education, instruction, worship, entertainment, amusement, or drinking or dining, on a regular basis. For purposes of this chapter, restaurants having no live entertainment and having a seating capacity of one hundred or less, and without banquet facilities, shall not constitute an assembly use.
shall mean the precise site, floor and elevation plans submitted by an applicant, after approval of a project by the city council and incorporating all conditions of approval required by the city council, which has been reviewed and approved by all city departments for compliance with all conditions of approval. The final development plan is also the document(s) submitted to the city building department for the issuance of building permits.
shall mean the zoning land use designation of a property in the absence of the PUD overlay, e.g., the property is in an underlying zoning designation of R-1, C-2, M-1, etc.
(Ord. 1719 § 1, 2010)
§ 18.52.040 Applicability.
A.
In the PUD overlay zone, the regulations set out in this chapter shall apply to the use of any property so zoned or any portion thereof, including the building, demolition or modification of any structure or any portion thereof. Uses may be permitted by the planning commission by way of conditional use permit, where such uses are permitted by conditional use permit in the primary zone, provided that such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan.
B.
Exceptions.
1.
The director of community development or designee may approve demolition of structures in residential zones and any commercial and industrial buildings directed by a court of law or deemed to present a public health risk.
2.
Additions to, or remodeling of existing single-unit dwellings located within a PUD zone are exempt from planning commission and city council review; however, all single-unit dwellings shall comply with all the appropriate development standards for the zone in which they are located and shall be architecturally compatible with the existing structure.
3.
Façade changes or site plan alterations that do not involve any increase in usable floor area to existing commercial buildings in all zones, and existing residential structures in multiple family zones shall be exempt from the review requirements of this chapter, but shall be subject to design review as established in Chapter 18.68 of this title.
4.
New residential projects or addition of residential units on parcels whereby the total unit count on the subject property totals six or less is exempt from the requirements of this chapter, but shall be subject to design review as established in Chapter 18.68. However, an applicant may elect to process a project via this chapter. In that case, the applicant will be required to meet all application requirements of this chapter and pay the appropriate fees as established in the Master Fee Schedule.
(Ord. 1719 § 1, 2010; Ord. 1835 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.52.050 Uses expressly prohibited.
In the PUD overlay zone, uses prohibited in the primary zone and assembly uses, except that assembly uses permitted in residential primary zones shall be permitted in residential primary zones with PUD overlay zone designations.
(Ord. 1719 § 1, 2010)
§ 18.52.060 General development standards.
In the PUD overlay zone, the following standards of development shall apply:
A.
Those standards of development of the primary zone in which the property and the proposed use are or will be located, except to the extent that special development standards are imposed as set forth in Section 18.52.070.
B.
The parking lot, design and landscaping requirements applicable to the primary zone in which the property is located.
(Ord. 1719 § 1, 2010)
§ 18.52.070 Special development standards.
In the PUD overlay zone, the following special development standards shall apply:
A.
Designated Standards. Modifications to those standards required for the primary zone in which the property and the proposed use are or will be located, as are clearly designated in the planned unit development ordinance approved by the planning commission and city council for the property.
B.
Variation in Residential Density.
1.
Any increase in the number of dwelling units other than that which would be permitted in the primary zone shall be limited to that which the planning commission and city council find to be fully compensated for by the quality and distinction of various elements of the architecture and the site plan, including:
a.
The character and magnitude of the provisions for both undeveloped and developed common open space;
b.
The reduction, through efficient design, of the total acreage needed for adequate vehicular circulation;
c.
Dedication for public use, if any, excluding streets; and
d.
The general excellence of the design as a whole, including among other criteria, the provisions for landscaping, the treatment of pedestrian ways and areas of recreational use, optimum relation to topography and other natural features and variety of building form and location.
2.
The planning commission and/or city council may reduce the permitted density on a particular parcel when it has been determined that such reduction is warranted by conditions specifically applicable to the parcel, such as topography, character of the surrounding property, etc.
C.
Mixed Use. The regulations of this chapter are intended to permit a diversity of uses, relationships and heights of buildings and open spaces in planned building groups while ensuring substantial compliance with the spirit, intent and provisions of this code.
D.
Economic Potential. The planning commission and/or city council may impose such other development standards as may reasonably enhance the economic benefit of any development to the city and the community.
(Ord. 1719 § 1, 2010)
§ 18.52.080 Pre-application coordination.
There is created a planning coordinating committee composed of the director of community development (chairman), director of public works, chief building official and fire chief, or their authorized representatives, and any other department representative as required by the chairman. At least forty-five days before filing any application for a planned unit development, the prospective applicant shall submit to the planning coordinating committee preliminary plans and sketches and basic site information for consideration and advice, which shall be provided within at least thirty days thereafter, as to the relation of the proposal to general development objectives to be attained in the area and as to the policies of the commission and city council with reference thereto.
(Ord. 1719 § 1, 2010)
§ 18.52.085 Application.
A.
Permit Required. Planned unit developments shall require a planned unit development permit for each such development. Such permit shall be subject to the regulations and requirements of this title and shall be processed in accordance with the terms of this chapter, including a public hearing before the planning commission and city council.
B.
Application for Permit.
1.
Fee. Any application for planned unit development permit under the provision of this chapter shall be accompanied by a fee as established pursuant to the provisions of Chapter 18.70.
2.
Processing. Such application shall be processed by city staff, which shall make a recommendation to the planning commission for denial, approval, or approval subject to conditions, and shall schedule a public hearing thereon as provided in Section 18.52.090. The application shall then be reviewed by the planning commission and forwarded to the city council with a recommendation for its approval or disapproval, identifying any conditions the planning commission finds appropriate to impose. The city council may approve, disapprove or refer the same back to the planning commission for further consideration. Any such permit is subject to the final approval of the city council.
3.
Application Contents. Every application for a planned unit development shall be accompanied by the following, in the level of detail required in the city's application form, available from the city's planning department:
a.
A legal description or boundary survey map of the property. (A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property.);
b.
A plot plan and description of the property involved showing the location of all existing and proposed buildings; plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings;
c.
A general development plan with at least the following details shown to scale and dimensioned:
i.
The proposed land ownerships, the uses, dimensions and locations of all proposed structures and of areas reserved for vehicular and pedestrian circulation, open spaces, landscaping, recreation or other public uses,
ii.
Architectural drawings and sketches showing the design and character of the proposed uses and their relation to one another. A sample material board is to be submitted detailing colors to be used along with samples of the building materials to be utilized,
iii.
Height and approximate location of all proposed walls and fences and a statement setting forth the method by which such walls and fences shall be preserved and maintained. Photographs of the proposed wall and fencing materials and design shall be provided,
iv.
Location and design of automobile parking areas and signs (plans to be in color),
v.
Type of surfacing proposed for walks and driveways,
vi.
Preliminary plans showing the proposed method for control and disposal of water flowing into, across or from the development,
vii.
Tables showing the total number of acres and their distribution by use, and the percentage of the whole designated for dwellings of different types, nonresidential uses, streets, off-street parking, public uses and open spaces,
viii.
Landscape design plans showing the types of planting materials to be used. A plant materials booklet is to be submitted providing photographs of all types of plant materials proposed to be used. A landscape maintenance schedule is to be included within the plant material booklet. The landscape design plan shall include a site elevation scheme accurately showing projected landscape heights at the time of development and a second design showing landscape heights five years after development,
ix.
An economic analysis of the costs and benefits of the proposed use and the projected cost to provide city services to the project,
x.
A time schedule for the proposed development with evidence of the intent and the ability of the applicant to carry out the plan within such time,
xi.
Operational characteristics of proposed use(s), including days and hours of operation, number of employees, etc., if applicable,
xii.
Such other pertinent information as staff may reasonably require at the time of submittal or that the planning commission may reasonably require at the time of its consideration of the development in order to complete its evaluation of the intent and impact of the proposal;
d.
A land use map showing the use of all property within five hundred feet of the exterior boundaries of the property involved;
e.
A list, verified by the person or entity preparing the list as to its accuracy, containing the name and address of each property owner within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last-known name and address of such owners as shown upon the last assessment roll of the city or county and a radius map depicting all such property owners;
C.
Once an application is submitted and deemed complete by city staff, staff shall conduct the environmental review required by the California Environmental Quality Act, and notify the applicant of the environmental document which is required to be prepared in connection with the proposed planned unit development. All requirements of the California Environmental Quality Act, including time limits, notice requirements, and review and documentation requirements, shall be complied with by the applicant and staff prior to public hearing on the application.
(Ord. 1719 § 1, 2010)
§ 18.52.090 Public hearing.
A.
Following the receipt in proper form of any PUD permit application, the secretary of the planning commission or the city clerk of the city council shall fix a time and place of public hearing thereon. Not less than ten days before the date of such public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given in the following manner:
1.
By publishing once in a newspaper of general circulation in the city;
2.
By mailing a notice, postage prepaid, to the applicant, to each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last-known name and address of such owners as shown upon the last assessment roll of the city or county.
B.
Public hearings as provided for in this chapter shall be held before the planning commission or the city council at the time and place for which public notice has been given as required in this section. The planning commission or city council may establish their own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.
(Ord. 1719 § 1, 2010)
§ 18.52.095 Planning commission review.
A.
The commission shall not recommend approval of the proposal unless it finds that the planned unit development, as applied for, is or may be conditioned to be in full conformance to the general purposes of this chapter, and in particular unless it finds as follows:
1.
That the location, design and proposed uses are compatible with the character of existing development in the vicinity;
2.
That the plan will produce, internally, an environment of stable and desirable character, and will not tend to cause any traffic congestion on surrounding or access streets;
3.
That all required applications for the proposed use have been processed, including any conditional use permit applications;
4.
That the standards of development applicable to the planned unit development are clearly designated in the proposed planned unit development ordinance or plans approved there under and/or supplementary text material;
5.
That the proposed development will be well integrated into its setting;
6.
That provision is made for both public and private open space, at least equivalent to that required in the primary zone;
7.
That suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use;
8.
That the proposed development does not negatively impact the city's ability to provide services over the short and long term to city residents because the projected cost of providing city services to the property outweighs the economic benefits of the project to the city;
9.
That the proposed project complies with all requirements of the California Environmental Quality Act;
10.
That there is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay; and
11.
That there is substantial compliance with the spirit and intent of this title.
B.
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard, in accordance with the provisions of this section. The failure of the planning commission to render such decision within this time shall be deemed to constitute a recommendation for denial to the city council.
C.
The planning commission shall make a recommendation of approval, approval with conditions, or denial of an application considered by it pursuant to this chapter along with any permits and/or applications considered in conjunction with such application, to the city council for its consideration.
(Ord. 1719 § 1, 2010)
§ 18.52.100 City council review.
A.
After receiving the planning commission's recommendation on any application(s), the city council shall conduct a public hearing on such application(s), according to the provisions of this chapter. After such hearing, the city council shall approve, approve with conditions, or deny such application(s), taking into account everything submitted to and considered by the planning commission.
B.
The city council shall grant approval of a planned unit development permit only if it makes all of the findings required to be made by the planning commission pursuant to Section 18.52.095.
C.
The granting, either with or without conditions or the denial of such application by the city council shall be final and shall be made in writing to the applicant within forty-five days after the conclusion of the hearing on such matter. Reference shall be made, in the notice of written decision to the applicant, to the fact that judicial review of the decision is governed by the time limits set forth in California Code of Civil Procedure Section 1094.6.
(Ord. 1719 § 1, 2010)
§ 18.52.110 Conformance.
After adoption of a planned unit development ordinance, and prior to the issuance of any building permit, a final development plan shall be prepared and final subdivision map or parcel map recorded, if either is involved. The final development plan shall conform to the ordinance adopting the planned unit development and shall show to scale all buildings, off-street parking facilities, landscaping, finished grades and such other details as will suffice to indicate conformance with all the features, conditions and characteristics upon which the approval was predicated. The final development plan shall be recorded, and a notation of reference thereto shall be made forthwith upon the zoning map. No permit shall thereafter be issued for any building, structure, demolition, or use except in full conformance with the final development plan or with any revision to the plan which has been approved in accordance with the requirements in this chapter for initial planned unit development permit approval. A violation of any part of the plan or of any condition of the approval shall constitute a violation of this title. The planning commission and/or city council may, however, by resolution extend any specific time limit for starting and completing the development upon the showing of a good faith effort to comply therewith. Prior to final approval of a planned unit development ordinance by the city council, the applicant shall submit to the city attorney a draft of covenants, conditions and restrictions which shall be recorded with the county recorder concurrently with conditions of approval and a map of the subject development.
(Ord. 1719 § 1, 2010)
§ 18.52.120 Void for failure to develop.
A.
If no development has occurred pursuant to the adopted ordinance and final development plan within twelve months after the date of the adoption of the planned unit development ordinance and no extension has been approved, the adopted ordinance shall be rescinded, the final development plan shall become null and void, and a new planned unit development permit application and approval, with associated final development plan, shall be required for any use and/or development on the subject site.
B.
Upon expiration of any extension of time granted to start development granted by the planning commission and/or city council, the adopted ordinance shall be rescinded, the final development plan shall become null and void, and a new planned unit development permit application and approval, with associated final development plan, shall be required for any use and/or development on the subject site.
C.
For purposes of this section, "development" shall mean commencement of construction on the site, which shall not include the commencement of any predevelopment work on the site, including surveying, preliminary construction staking, installation of erosion control measures or construction fencing, but which shall include review and approval by the city of proposed building plans and the issuance of building permits authorizing construction to commence, and actual construction shall have commenced on the site, such as final grading, pouring footings and/or foundation, or similar activities.
(Ord. 1719 § 1, 2010)
§ 18.52.130 Re-approval required.
Re-application and re-approval of a planned unit development permit shall be required under the following circumstances:
A.
Any use or re-use of a property in the PUD overlay zone, or any portion thereof, that has been vacant for over one year from the date of the last issued business license for the use approved in accordance with this chapter.
B.
Any change in the use or any additional or different use of any property in the PUD overlay zone, or any portion thereof.
Exceptions:
1.
Modifications to any existing conditional use permit shall not require re-approval or modification to any existing planned unit development permit where no increase in floor area or change in use occurs.
2.
Consideration of any new conditional use permit for a use consistent with the allowed uses in the underlying zone and located within a pre-existing structure that involves no substantial change to the site shall not require re-approval or modification to any existing planned unit development permit.
C.
Modifications to the site design of an approved planned unit development precise plan, which does not involve any permanent increase in building area or change of use, may be approved by the planning commission, without the need for city council review, for permitted uses. Such actions may be considered through the filing of a modification and paying the fee established for modifications in the master fee schedule ordinance.
(Ord. 1719 § 1, 2010)
§ 18.52.140 Violation.
A.
Upon violation of any applicable provision of this title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions on the property or as a result of the use of the property occurring after the granting of any permit pursuant to this chapter which change in conditions makes the continuation of the permit incompatible with the general welfare of the surrounding neighborhood, the city may take action pursuant to this section.
B.
The planning commission or city council shall hold a public hearing, and if satisfied that any provision of the planned unit development ordinance, applicable regulation, development standard, general provision or condition is not being complied with, or if the planning commission or city council finds that a change in conditions on the property or as a result of the use of the property has occurred which makes the continuation of the permit incompatible with the general welfare of the surrounding neighborhood, may do one or more of the following:
1.
Impose additional conditions on the planned unit development permit;
2.
Revoke any applicable conditional use permits associated with the property;
3.
Revoke and/or preclude the issuance of business licenses associated with the property;
4.
Revoke and/or preclude the issuance of building or demolition permits; or
5.
Revoke the planned unit development permit and rescind the planned unit development ordinance, where appropriate, if there has been a demolition or destruction, for any reason, of any substantial portion of the structures provided for in the final development plan;
6.
Revoke, preclude, suspend or otherwise render void any other entitlements to use and/or develop the property as is reasonable under the circumstances and serves to ensure future compliance with this chapter and title or the planned unit development permit, plan or ordinance.
C.
Any decision rendered by the planning commission or the city council shall be in writing and shall be transmitted immediately (within forty-eight hours) upon issuance to the permit holder and the property owner. Anyone aggrieved by a decision of the planning commission pursuant to this section may appeal such decision within ten days to the city council. If no timely appeal is filed, the planning commission decision shall be final. If a timely appeal is filed, the city council shall conduct a public hearing on the appeal and its decision shall be final. The city council shall issue a written decision within forty-five days after the hearing on such matter. Reference shall be made, in the notice of written decision to the applicant, to the fact that judicial review of the decision is governed by the time limits set forth in California Code of Civil Procedure Section 1094.6.
(Ord. 1719 § 1, 2010)
§ 18.52.150 Nonconforming uses.
Any legally permitted and actual use of property within the PUD overlay zone, existing at the time of adoption of the ordinance codified in this chapter and rendered nonconforming solely by virtue of the adoption of said ordinance, shall be entitled to continue as a legal nonconforming use so long as there is no change, addition, modification or cessation of such use for any continuous period longer than six months.
(Ord. 1719 § 1, 2010)
§ 18.54.010 Generally.
A.
The objective of the mixed-use (MX) overlay zone is to provide a framework that allows for the development of properties in a manner consistent with the general plan.
B.
The regulations of this chapter are intended to permit a diversity of uses, relationships and heights of buildings and open spaces in planned building groups while ensuring substantial compliance with the spirit, intent and provisions of this code.
C.
The provisions of this chapter shall not apply to property that has been, or is proposed to be, developed entirely under the base zone, except for the maximum permitted floor area ratio as noted in Section 18.54.050.C.2.b of this chapter.
D.
Development within the MX overlay zone shall subject to the approval of design review, in accordance with the requirements of Chapter 18.68 (Design Review) of this title and any other applicable land use approvals.
E.
Mixed-use projects shall be subject to the limitations set forth in the general plan.
F.
Properties in the MX overlay zone may be developed or modified to provide all residential, all commercial, or a mixed-use project.
G.
Mixed-use projects can be horizontally or vertically integrated. Horizontal mixed- use projects consist of two or more attached or detached buildings of differing use categories (e.g., residential and commercial) within the same project area. Vertical mixed-use projects consist of one or more different uses placed over another use within the same building (e.g., residential over commercial).
H.
A project area may encompass a single parcel or multiple parcels, planned and constructed as one, coordinated and unified project.
(Ord. 1853, 12/18/2023)
§ 18.54.020 Uses permitted.
§ 18.54.030 Definitions.
See Chapter 18.04, Definitions. (Ord. 1853, 12/18/2023)
(Ord. 1853, 12/18/2023)
§ 18.54.040 Applicability.
The regulations set forth in this chapter shall apply to the development or modification of any property within the MX overlay zone, when a property owner chooses to develop or modify existing structures in accordance with the MX overlay zone.
A.
The regulations set forth in this chapter shall be in addition to those regulations set forth in the base zone.
B.
In the event of a conflict between the provisions of the MX overlay zone and the provisions of the base zone, the provisions of the MX overlay zone shall prevail. If the MX overlay zone is silent in relation to any development standard, the development standard identified in the base zone shall prevail.
C.
Regulations, development standards, and requirements of the base zone shall continue to apply to those projects that are currently developed according to said standards.
(Ord. 1853, 12/18/2023)
§ 18.54.050 Special development standards.
For property owners that choose to develop or modify their property in accordance with the MX overlay zone, the following special development standards shall apply. These standards do not apply if the property owner chooses to develop or modify existing structures on their property in accordance with the base zone.
A.
Open Space/Common Area Amenities.
1.
Dwelling Units. Each dwelling unit shall have a minimum of two hundred fifty square feet of usable open space. This can be provided through private or common open space area. Mixed-use and residential projects shall provide private open space area such as patios or balconies adjacent to at least fifty percent of the units. Roof top decks may also be used to meet this requirement.
2.
Community Amenities. Indoor and outdoor community amenities shall be provided for passive and active recreation. These amenities shall enhance the overall quality of development and contribute to the character of the area.
B.
Parking. Residential and mixed-use projects shall comply with the provisions of Chapter 18.14 (Off-Street Parking Requirements) of this title. The following additional provisions shall apply:
1.
Guest parking and parking for nonresidential uses shall be located or assigned in such a way as to distinguish it from residential parking assigned to individual units.
2.
A reduction in the number of parking spaces required in Chapter 18.14 may be permitted subject to the approval of the planning commission, based upon information contained in a parking demand study prepared by a California-licensed, independent traffic engineer, at the developer's expense.
3.
Due to variations in parking demand and needs of mixed-use projects, vehicle parking requirements and the design of parking areas may be modified as part of the site plan review process based upon information contained in a circulation study prepared by a California-licensed, independent traffic engineer, at the developer's expense.
C.
Densities and Floor Area Ratios.
1.
Residential Densities. All developments exclusively involving residential units within the MX overlay zone shall be developed in compliance with the parcel's general plan land use maximum permitted density as summarized in Table 18.54.050.C.
2.
Floor Area Ratio (FAR).
a.
Commercial development projects exclusively involving commercial buildings shall comply with the maximum permitted FAR as allowed by the parcel's general plan land use designation as summarized in Table 18.54.050.C.
Table 18.54.050.C | ||
|---|---|---|
General Plan Designation | Maximum Density | Maximum FAR |
• Transitional (TRA) | 23 du/ac | 0.4 |
• Mixed-use Center 1 (MUC 1) • Corridor Mixed-use 1 (CMU 1) | 24 du/ac | 0.5 |
• Mixed-use Center 2 (MUC 2) • Corridor Mixed-use 2 (CMU 2) | 36 du/ac | 0.5 |
• Central District Mixed-use 2 (CDM 2) • Corridor Mixed-use 3 (CMU 3) | 36 du/ac | 0.8 |
• Mixed-use Center 3 (MUC 3) • Central District Mixed-use 1 (CDM 1) | 50 du/ac | 0.8 |
b.
All mixed-use projects that include residential units shall have a maximum FAR of 1.5 for all of the combined uses. The maximum permitted residential densities do not apply to mixed-use development. The commercial uses shall not exceed the maximum permitted FAR for the parcel as specified in Table 18.54.050.C.
(Ord. 1853, 12/18/2023)
§ 18.56.010 Definitions.
In addition to the definitions contained in this code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of this code, these definitions shall prevail:
means any place to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors or other image-producing devices are maintained to show images on a regular or substantial base, where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
means an establishment having as a regular and substantial portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."
means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:
Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas";
Where a live or taped performance by an adult cabaret dancer is presented or viewed;
Where adult arcade devices are located.
means any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel or hotel, or sells or distributes adult merchandise or sexually oriented merchandise, or any other business or concern which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical parts," but not including those uses or activities which are preempted by state law.
means a nightclub, bar or other establishment (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
means any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually-oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." Adult cabaret dancer does not include such a patron.
means any establishment or business which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
means a hotel or motel, as defined in this code, which is used for presenting on a regular and substantial basis material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" through closed circuit or cable television or through video tape recorder where video tapes are provided by the hotel/motel.
means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view, without opaque covering, "specified anatomical areas," or depicting, describing, or relating to "specified sexual activities" whether or not the specified anatomical areas are covered.
means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, Ben Wa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.
means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
means any establishment or business which provides for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing or other pictorial form.
relative to adult businesses means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, and pamphlets, or any combination thereof.
means any person who is an employee or independent contractor of an adult business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult business. Performer does not include a patron.
means any property within the city which carries a zoning designation permitting the location of a residence, including R-1-A, R-1-B, R-1-C, R-2, R-3, R-4, R-5, R-6, R-7, MHP (mobile home park), and in the specific plan for La Habra Boulevard the designations of low density residential, medium density residential, high density and transitional residential/commercial. However, this does not include zones where a residence is permitted pursuant to a conditional use permit or other special permit. Residential shall also include any mixed uses designation or zone that is developed with residential units.
means congregate housing, domestic violence shelters, homeless shelters, senior hotels, single room occupancy housing and transitional housing facilities as defined in Chapter 18.30 of this code.
means:
means:
Human genitals in a state of sexual stimulation or arousal; and/or
Acts of human masturbation, sexual stimulation or arousal; and/or
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
Masochism, erotic or sexually-oriented torture, beating, or the infliction of pain; and/or
Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019)
§ 18.56.020 Locational limitations.
A.
Subject to the limitations of this chapter, adult businesses may be located in the C-2 commercial zone; C-2S community shopping center zone; C-3 general commercial zone; PCI planned commercial-industrial zone; and M-1 manufacturing zone.
B.
In those land-use districts where the adult businesses regulated by this chapter would otherwise be permitted uses, it is unlawful to establish any such adult business if the location is:
1.
Within a two hundred seventy-five-foot radius of any residential zone. The distance between a proposed use and a residential zone shall be measured from property line to property line;
2.
Within one hundred fifty feet of any other adult use regulated under this chapter. The distance between two adult uses shall be measured along the most direct route available for use by the public between the property line housing an adult facility and the closest point of the property line of any other regulated adult use under this chapter;
3.
Within two hundred fifty feet of any source-sensitive uses including schools, churches, parks, day care facilities, special needs housing facilities. The distance between the proposed use and a source-sensitive use shall be measured from property line to property line from the proposed adult-use site to the source-sensitive site, along a straight line extended between the two points.
C.
The establishment of any adult business shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business location to any adult business use.
(Ord. 1719 § 1, 2010)
§ 18.56.030 Regulation of adult booth/individual viewing area.
A.
No adult booth/individual viewing area shall be occupied by more than one individual at a time. This restriction shall not apply to an adult booth/individual viewing area where the performer or adult cabaret dancer is completely separated from the area in which the performer or adult cabaret dancer is viewed by an individual by a permanent, floor to ceiling, solid barrier. However, in the scenario where a permanent, floor to ceiling, solid barrier is in place, no performers or adult cabaret dancers shall be allowed to perform inside the portion of the adult booth/individual viewing area where the patron is located, nor can the area be occupied by more than one patron.
B.
Each adult booth/individual viewing area within the adult business shall be visible from the manager's station(s) in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the interior of the adult booth/individual viewing area from a manager's station or stations located in the public portion of the establishment. A manager shall be stationed in each of the manager's station or stations at all times the business is in operation or open to the public.
C.
No doors are permitted on an adult booth/individual viewing area.
D.
No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.
E.
No beds shall be permitted in an adult booth/individual viewing area.
(Ord. 1719 § 1, 2010)
§ 18.56.050 Access provision.
A.
The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.
B.
Access to X-rated movies or video tapes shall be restricted to persons over eighteen years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion picture rating industry (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas," said videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited.
(Ord. 1719 § 1, 2010)
§ 18.56.060 Business license.
A person shall not own, operate, manage, conduct or maintain an adult business without first having obtained a business license from the business license clerk. The issuance or denial of the business license shall be made within fifteen days of the applicant's submitted application.
(Ord. 1719 § 1, 2010)
§ 18.56.070 On-site manager-Security measures.
A.
All adult businesses shall have a responsible person who shall be at least eighteen years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the city's planning director by the owner to receive all complaints and be responsible for all violations taking place on the premises.
B.
The adult business shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, security guards to patrol and monitor the parking lot areas.
(Ord. 1719 § 1, 2010)
§ 18.56.080 Hours of operation.
A.
It is unlawful for any operator of an adult business to allow such adult business to remain open for business, or to permit any performer or adult cabaret dancer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of two a.m. and ten a.m. of any particular day.
B.
It is unlawful for any performer or adult cabaret dancer of an adult business to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of two a.m. and ten a.m. of any particular day.
C.
The hours of operation of any adult business which has a permit from the state ABC shall be governed by the provisions of its ABC permit and not by this section.
(Ord. 1719 § 1, 2010)
§ 18.56.085 Regulation of public restroom facilities.
If the adult use business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the sexually oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and, with the exception of urination, that no persons engage in any specified sexual activity in the public portion of the restroom.
(Ord. 1719 § 1, 2010)
§ 18.56.090 Adult business offering adult live entertainment-Operating requirements.
No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an adult business which offers adult live entertainment unless each and all of the following requirements are met:
A.
It is unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult business which offers adult live entertainment to allow any person below the age of eighteen years upon the premises or within the confines of any adult business which offers adult live entertainment if no liquor is served, or under the age of twenty-one if liquor is served.
B.
Intentionally omitted.
C.
Intentionally omitted.
D.
All employees of adult businesses which offer adult live entertainment, other than performers while performing on the permanently fixed stage, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
E.
All adult live entertainment shall occur on a permanently fixed stage which is at least eighteen inches above the level of the floor, and surrounded with a three-foot-high barrier or by a fixed rail at least thirty inches in height. A distance of at least four feet, measured horizontally, shall be maintained between patrons and on stage performers at all times during which said performer(s) are revealing specified anatomical areas and/or depicting or engaging in specified sexual activities. No on stage performer or on stage adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any on stage performer or on stage adult cabaret dancer.
F.
As to off-stage performances, no performer shall perform adult live entertainment characterized by the exposure of specified anatomical areas or engaging in specified sexual activities off stage. As to an adult cabaret dancer then performing off stage, a distance of at least two feet shall be maintained between the adult cabaret dancer and patron(s) at all times. As to off stage performances, no adult cabaret dancer shall have physical contact with any patron and no patron shall have physical contact with any adult cabaret dancer while the adult cabaret dancer is performing on the premises. This prohibition does not extend to incidental touching.
G.
In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any live entertainment by such performer or adult cabaret dancer. Patrons shall be advised of the no-touching requirements by signs and, if necessary, by employees, performers or adult cabaret dancers of the establishment.
H.
If patrons wish to pay or tip performers or adult cabaret dancers, payment or tips may be placed in receptacles. Patrons shall not throw monies to performers or adult cabaret dancers, hand monies directly to performers or adult cabaret dancers, place monies in the performers' or adult cabaret dancers' costumes or otherwise throw monies on the stage. Patrons shall be advised of these tipping and gratuity requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.
I.
The adult use business shall provide an entrance/exit to the premises for entertainers, which is separate from the entrance/exit used by patrons.
(Ord. 1719 § 1, 2010)
§ 18.56.100 Lighting requirements.
All areas of the adult business shall be illuminated at a minimum of 1.25 foot-candle, minimally maintained and evenly distributed at ground level.
(Ord. 1719 § 1, 2010)
§ 18.56.110 Permit-Requirements.
A.
No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must apply for and receive a conditional adult use permit under this chapter.
B.
It is the burden of the applicant to supply evidence to justify the grant of a conditional adult use permit.
C.
Any person desiring to operate an adult business within the city shall file with the planning department a conditional adult use permit application on a standard application form supplied by the planning department.
(Ord. 1719 § 1, 2010)
§ 18.56.120 Permit-Contents of application.
A.
The application must be signed by the owner or lessee. If the application is signed by anyone other than the owner, a notarized statement signed by the owner shall accompany the application. Proof of status is required.
B.
Alternatively, the application is acceptable if signed by the applicant and co-signed by the property owner or tenant. Proof of status is required.
C.
The application shall include the applicant's mailing address, and name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.
D.
The application shall list the legal form of the applicant; e.g., individual, partnership, corporation:
1.
If the applicant is an individual, the application shall list his or her legal name, any aliases and date of birth;
2.
If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names of all partners, dates of birth, and all aliases used by all of the partners, whether the partnership is general or limited; and
3.
If the applicant is a corporation, the application shall list the full and complete corporate name, the date and status of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth, and all aliases used, the capacity of all officers, directors and principal stockholders (i.e., all stockholders with ten percent or more of all outstanding shares), and the name and address of the registered officer for service of process.
E.
The application must list whether, preceding the date of application, the applicant or any of the individuals listed pursuant to subsection D of this section, has:
1.
Had a previous permit under this chapter revoked, as well as the date of such revocation;
2.
Whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit under this chapter has been revoked, as well as the date of the revocation;
3.
Whether the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.
F.
The application must include the address of the proposed site, including the assessor's parcel number and the complete legal description of the property.
G.
The application must include a detailed description of the proposed use, including reference to definitions in this chapter.
H.
The application must include fourteen blue line prints of a plot plan indicating all structures, existing or proposed, parking areas, landscaping, walls, driveways and curb-cuts, signs, easements, topographical features, and any other pertinent items necessary to make a determination.
I.
The application must include fourteen blue line prints showing all four elevations of any proposed structures and listing proposed exterior building materials. One set of elevation prints shall be colored or a materials board shall be submitted. In the case of existing buildings where a change of use is proposed and no structural changes are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure.
J.
All applicants for a conditional adult use permit must also fill out the city's environmental package for purposes of complying with the California Environmental Quality Act (CEQA).
(Ord. 1719 § 1, 2010)
§ 18.58.010 Purpose and intent.
The purpose of this section is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities and to implement general plan policies regarding hazardous waste management facilities pursuant to State Assembly Bill 2948—Tanner, 1986 and Senate Bill 477—Greene, 1987 (Section 6.5 of the California Health and Safety Code) and Program A-3 in the Orange County Hazardous Waste Management Plan.
(Ord. 1719 § 1, 2010)
§ 18.58.020 Applicability.
A.
The specific requirements of this chapter are applicable to the siting and development of off-site hazardous waste treatment, storage, transfer and disposal facilities as defined in Section 18.58.120.
B.
The offsite facilities definition does not apply to:
1.
Transportable treatment units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time; or
2.
Permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste. All such facilities shall require state licensing to install and operate.
(Ord. 1719 § 1, 2010)
§ 18.58.030 Procedure.
The following procedures are for the purpose of identifying the steps for processing an application for a specified off-site hazardous waste facility. These procedures include the steps to be taken by the applicant, the state and the city.
A.
At least ninety days before filing an application with the city for a land use decision for a specified hazardous waste facility project, the applicant shall file with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research, and with the city, a notice of intent to make an application. The notice of intent shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify the affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of property within three hundred feet of the proposed site, as shown in the latest equalized assessment roll. The city shall impose a fee upon a project applicant equal to the cost of notification required by this section.
B.
Within ninety days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the city to inform the public on the nature, function and scope of the proposed facility project and the procedures that are required for approving applications for the project. The city should contact OPA regarding the location and time of the meeting and should have representatives attend.
C.
Within ninety days after receiving a notification of the filing of a notice of intent, the city shall appoint a seven-member local assessment committee (LAC) pursuant to the provisions of Section 18.58.060 of this chapter.
D.
The city shall notify the OPA within ten days after an application for a land use decision for a specified hazardous waste facility project is accepted as complete by the city and within sixty days after receiving this notice, the OPA shall convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The meeting shall take place within the city limits.
E.
Following the meeting as specified in subsection D of this section, the applicant and the LAC of the city shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community.
F.
At the request of the applicant, the city shall, within sixty calendar days after the city has determined that an application for a land use decision for a hazardous waste facility is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both the city general plan and zoning ordinances in effect at the time the application was received, and the Orange County Hazardous Waste Management Plan.
G.
The applicant for a specified hazardous waste facility project shall pay a fee, established by the OPA, equal to the cost of hiring independent consultants to review the project. The OPA shall deposit these fees in the local agency technical assistance account, created within the State General Fund. The moneys in that account may be expended by the OPA, upon appreciation by the Legislature, to make technical assistance grants to the LAC to enable the LAC to hire an independent consultant to assist the LAC in reviewing the project and negotiation terms and conditions with the applicant. The city may request technical assistance from any state agency which authorizes permits for hazardous waste facilities projects.
H.
An applicant may file an appeal of a land use decision made by the city for a specified hazardous waste facility project with the Governor or the Governor's designee.
(Ord. 1719 § 1, 2010)
§ 18.58.040 Application requirements.
The following information is required for submittal of a hazardous waste facility siting permit application:
A.
A completed application form;
B.
A completed environmental application form;
C.
Property owner verification/permission for request;
D.
A deposit/fee as established by the city council;
E.
A plot and development plan drawn in sufficient detail to clearly describe the following:
1.
Physical dimensions of property and structures,
2.
Location of existing and proposed structures,
3.
Setbacks,
4.
Methods of circulation,
5.
Ingress and egress,
6.
Utilization of property under the requested permit,
7.
The distance from the project property lines to the nearest residential structure,
8.
Proximity of the project to one hundred-year floodplain areas,
9.
Proximity of the project to any known earthquake fault zones,
10.
The relationship of the proposed project to all above-ground water supplies as well as known underground aquifers that could conceivably suffer contamination,
11.
Topographic description of the property and surrounding area,
12.
Existing and proposed utilities which service or will be needed to service the facility,
13.
Identification of surrounding zoning and land uses; and
14.
Other information as required by the director of planning;
F.
A preliminary geological study of the property and surrounding area which comprehends as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers;
G.
Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;
H.
Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amounts, sources and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility;
I.
A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. The plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the public hearing;
J.
A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as the Southern California Air Quality Management District, Environmental Protection Agency, Air Resources Board, Regional Water Quality Control Board, etc.;
K.
A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 18.58.110(D); and
(Ord. 1719 § 1, 2010)
§ 18.58.050 Environmental review.
A.
The project shall be subject to environmental analysis according to city established procedures pursuant to the California Environmental Quality Act.
B.
The environmental analysis shall address but not be limited to the following:
1.
Describe at least two reasonable alternatives to the project which shall be reviewed pursuant to the California Environmental Quality Act;
2.
An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures;
3.
An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area;
4.
A health and safety assessment that analyzes in detail all probabilities of accidents or spills at the site, as well as, transportation-related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Orange County;
5.
An analysis of traffic impacts associated with the project and recommended mitigated measures;
6.
An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area;
7.
Other information as required by the California Environmental Quality Act.
(Ord. 1719 § 1, 2010)
§ 18.58.060 Local assessment committee.
Pursuant to Section 18.58.030(C) of this chapter, the city shall appoint a seven-member local assessment committee (LAC).
A.
The membership of the LAC shall:
1.
Be broadly constituted to reflect the makeup of the community and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed specified hazardous waste facility project;
2.
Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, provisions of, and conditions for project approval which would protect the public health, safety and welfare, and the environment of the city and its surroundings and would promote the fiscal welfare of the city through special benefits and compensation;
3.
Represent generally, in negotiation with the applicant, the interests of the residents in the city and the interests of adjacent communities;
4.
Receive and expend the technical assistance grants made available as specified in Section 18.58.030(G) of this chapter;
5.
Adopt rules and procedures which are necessary to perform its duties as outlined in this section;
6.
Advise the city of the terms, provisions and conditions for project approval which have been agreed upon by the LAC and the applicant and of any additional information which the LAC deems appropriate. The planning commission and city council may use this advice for its independent consideration of the project;
7.
Cease to exist after final administrative action has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed.
B.
The city shall provide staff resources to assist the LAC in performing its duties.
C.
If the LAC and the applicant cannot resolve any differences through the meetings specified in subsection E of Section 18.58.030, the OPA may recommend the use of a mediator. The applicant shall pay one-half of the costs for this mediation and the maintaining costs shall be paid, upon appropriation by the Legislature, from the State General Fund.
(Ord. 1719 § 1, 2010)
§ 18.58.070 Public hearings.
A.
Notice of Public Hearing.
1.
Notice of a public hearing shall be given not less than ten days prior to the date of the hearing.
2.
Notices shall contain information on the project, including a brief description of the proposal, the environmental review status, and the hearing date, time and location.
3.
Notices shall be mailed out to all names on the list required by subsection (A)(1) of this section.
4.
Notices shall be displayed on the property and at public posting sites designated by the city council and/or published in a newspaper of general circulation.
B.
Public Hearings.
1.
The planning director shall set the time and place of public hearings required to be held by the planning commission.
C.
Time Limits. A hazardous waste facility permit shall become valid ten days after the date of the decision unless appealed. If appealed and then approved by the city council, it shall become valid on the date of city council approval.
(Ord. 1719 § 1, 2010)
§ 18.58.080 Findings.
At a minimum, the following findings shall be made in writing by the planning commission prior to granting a hazardous waste facility permit:
A.
The project will be consistent with the general plan.
B.
The project will not be detrimental to the health, safety or general welfare of the community.
C.
The project site is or will be adequately served by roads and other public or private service facilities.
D.
The project will be consistent with the regional fair share facility needs assessment and siting policies established in the hazardous waste management plan.
(Ord. 1719 § 1, 2010)
§ 18.58.090 Appeals.
A.
Any decision of the planning commission may be appealed to the city council within ten working days of the date of the decision as follows:
1.
Hazardous Waste Facility Siting Permits. An appeal of the planning commission decision may be filed by the applicant or any interested person as defined in Section 18.58.120.
2.
Appeals shall be filed with the city clerk and shall be accompanied by a letter stating the reasons for the appeal. The city clerk shall schedule the appeal for a hearing within ten working days of receipt of the appeal.
4.
The city council shall hold at least one public hearing on any appeal in accordance with Section 18.58.070(C).
B.
An applicant or an interested person may file an appeal of a land use decision made by the city council to the Governors Appeals Board within thirty days after the date the local agency takes final action on the land use decision pursuant to the California Health and Safety Code Section 25199.9. Procedures for filing an appeal are outlined in Sections 25199.9 through 25199.14 of the California Health and Safety Code.
(Ord. 1719 § 1, 2010)
§ 18.58.100 Facility siting criteria and permitting requirements.
A.
Health and Safety Assessment.
1.
All Facilities. Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a health and safety assessment.
a.
Assessment. A health and safety assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A health and safety assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria.
The scope of the assessment property will vary according to the size, type and proposed location of the facility. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and thereby suffice for the health and safety assessment.
b.
The health and safety assessment shall evaluate, at minimum the area within two thousand feet of the site, which is designated a sensitive area, and shall evaluate the potential impact on sensitive populations. Sensitive populations include residential populations, employment populations and immobile populations such as those in schools, hospitals, convalescent homes, jails and other similar facilities within the area of potential impact. The health and safety assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features and planned operational practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified. The assessment must include a hydrologic evaluation, and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The assessment will detail credible potential accidents, including the distance over which effects would carry, a variety of options for reducing risks, and procedures for dealing with the effects. The assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with on site trained personnel and equipment.
c.
Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.
B.
Distance from Populations.
1.
Treatment, Recycling and Collection Facilities. Facilities shall comply with local minimum zoning code setbacks, unless a greater buffer distance from other uses is deemed necessary, based on a required health and safety assessment.
2.
Residuals Repositories. A minimum buffer distance of two thousand feet from residences and other sensitive land uses is required for a hazardous waste residuals repository per Health and Safety Code Section 25202.5(b) and (d). The size of the buffer zone necessary to protect public health and safety will be identified based on a required health and safety assessment.
C.
Floodplains.
1.
All Facilities. Facilities must be designed, constructed, operated and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility.
2.
Treatment, Recycling and Collection Facilities. Facilities may be located in areas subject to one hundred-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes) and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent inundation or washout.
3.
Residuals Repositories. Repositories are prohibited from locating in floodplain areas subject to one hundred-year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulations (CFR), Title 40, Section 264.18 (b), and California Code of Regulations (CCR), Title 22, Section 6639(a)(11)(b).
D.
Earthquakes—All Facilities. Facilities must have a minimum two-hundred-foot setback from active or recently active earthquake faults, per the California Code of Regulations (CCR), Title 22, Section 6391(a)(11)A(1) and (2). The required health and safety assessment will address earthquake safety of the facility.
E.
Unstable Soils.
1.
Treatment, Recycling and Collection Facilities. Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineering design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other severe geologic constraints. The required health and safety assessment will include a geologic report defining any such constraints and engineered solutions.
2.
Residuals Repositories. Repositories are prohibited from locating in areas of potential rapid geologic change, subsidence, or liquefaction per California Code of Regulations, Title 23, Subchapter 15, Section 2531(e). The required health and safety assessment will include a geologic report.
F.
Containment and Groundwater Monitoring.
1.
All Facilities. Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material.
2.
Facilities shall be equipped with leak detection and spill control and recovery capability. Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility, unless demonstrated to be safe without them through the health and safety assessment. An ongoing groundwater monitoring program should be developed in consultation with local, state and water district representatives.
G.
Water Quality.
1.
All Facilities. Facilities shall not be sited within watershed areas tributary to open reservoirs or aqueducts that contain drinking water supplies. Facilities shall locate such that domestic water supply wells cannot be adversely affected from unauthorized releases of contaminants. As a guideline, facilities should locate at least one mile from domestic supply wells in the Forebay area (principal recharge area to the Orange County groundwater basin), and at least one-half mile from domestic supply wells in the pressure area of the Orange County groundwater basin, unless demonstrated to be safe at closer proximity through the health and safety assessment. Facilities shall not locate within wellhead protection zones as identified by EPA guidelines or municipal water supply agencies and local water districts, unless demonstrated to be safe at closer proximity through the health and safety assessment. Facilities shall not impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or groundwater resources which have been identified for beneficial uses by the regional water quality control board basin plan (per State Water Resources Control Board Policy Resolution 88-63). The required health and safety assessment will identify water quality issues. Facilities must meet federal, state and local water quality requirements.
2.
Treatment, Recycling and Collection Facilities. Facilities are encouraged to locate outside of structured recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Facilities may locate in the following only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: (a) major aquifer recharge areas, (b) areas of permeable strata and soils, and (c) areas where the existing groundwater has beneficial uses as described in the basin plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be above the tension-saturated zone.
3.
Residuals Repositories. Repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Subchapter 15, Section 253(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the basin plan. Repositories must be sited, designed and operated to ensure that hazardous materials will always be above the tension-saturated zone.
H.
Wastewater—All Facilities. Facilities generating wastewater should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, state and local sewering agency discharge requirements and the facility must obtain a valid industrial wastewater discharge permit.
I.
Air Quality Nonattainment and PSD Areas—All Facilities. Facilities are prohibited in Class I areas as identified in the Clean Air Act, and within wilderness, national parks, memorial areas and similarly dedicated areas. Facilities may be sited in other nonattainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigations associated with the facility.
J.
Wetlands—All Facilities. Facilities are prohibited from locating in wetlands such as saltwater, fresh water and brackish marshes, swamps and bogs, as defined in local, regional and state plans and policies (generally, areas inundated by surface water or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction).
K.
Animal and Plant Habitats—All Facilities. Facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including threatened or endangered species), as defined in local, regional or state plans and policies.
L.
Prime Agricultural Lands—All Facilities. Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated.
M.
Recreational, Cultural and Aesthetic Resources.
1.
Collection Facilities. Low-volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, state or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents or visitors in these areas.
2.
Treatment and Recycling Facilities and Residuals Repositories. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state or national plans or policies.
N.
Mineral Resource Areas—All Facilities. Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the extraction of the mineral deposit would be precluded.
O.
Military Lands—All Facilities. Facilities are prohibited from locating on military lands by the policy of the U.S. Department of Defense (DOD).
P.
Proximity to Waste Generation Areas.
1.
Treatment, Recycling and Collection Facilities. Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.
2.
Residuals Repositories. Repositories may be located more distance from the sources of hazardous waste generation than other facilities because of the need for larger land areas and buffer zones.
Q.
Proximity and Access to Major Routes—All Facilities. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes.
R.
Consistency with General Plan—All Facilities. Facilities must be consistent with local planning policies, including the city or county general plan and zoning ordinances.
S.
Fiscal Impact—All Facilities. A facility's fiscal impact to the city or county must be demonstrated.
T.
Socioeconomic Impacts—All Facilities. The city or county may require the facility developer to fund an independent study on socioeconomic impacts of the facility.
U.
Consistency with Hazardous Waste Management Plan—All Facilities. Facilities shall be consistent with the goals and policies of this plan, and must demonstrate compliance with the siting criteria established in this section. Facilities shall be consistent with the fair share principal, and with any interjurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste management needs of Orange County, or to meet the county's broader regional commitments under an interjurisdictional agreement.
(Ord. 1719 § 1, 2010)
§ 18.58.110 Special development requirements.
The city may impose conditions on the granting of a hazardous waste facility permit in order to achieve the purposes of this chapter and the general plan and to protect the health, safety and general welfare of the community. These may include but are not limited to the following:
A.
Safety and Security.
1.
The owner or operator shall prevent the unknowing entry, and to minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.
2.
The operator shall provide a twenty-four-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.
3.
An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff) shall be constructed which completely surrounds the facility.
4.
All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend "Danger—Hazardous Waste Area—Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish and any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least twenty-five feet. Existing signs with a legend other than "Danger—Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
B.
Contingency Plan.
1.
Every hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil or surface water. The plan shall be carried out immediately whenever a fire, explosion or unplanned release occurs.
2.
The contingency plan shall include:
a.
The actions employees must take in response to a fire, explosion or unplanned release of hazardous waste;
b.
Arrangements agreed to by local emergency response officials;
c.
The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator. The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan;
d.
A listing of all emergency equipment at the facility, including its location and an outline of its capabilities;
e.
An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes;
3.
Facility emergency coordinator responsibilities shall be identified in the contingency plan to include, at minimum, the following:
a.
In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate state or local emergency response agencies.
b.
In the event of a fire, explosion or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards both direct and indirect, to human health or the environment that may result from the emergency.
d.
If evacuation is necessary, local officials shall be so notified.
e.
The emergency coordinator shall, in every situation, notify the State Office of Emergency Services at 1-800-852-7550 providing the following information:
g.
If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure buildups, gas generation, or ruptures in valves, pipes or other equipment as appropriate.
h.
Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.
4.
Responsibilities of the owner/operator shall be identified in the contingency plan to include, at minimum, the following:
a.
Notify the State Department of Health Services and appropriate state and local authorities that the above requirements have been met before operations are resumed in the affected area.
b.
Record the time, date and details of any incident which requires implementing the contingency plan.
c.
Within fifteen days submit a written report on the incident to the State Department of Health Services. The report shall include:
i.
Name, address and telephone number of the owner, operator;
ii.
Name, address and telephone number of the facility;
iii.
Date, time and type of incident;
iv.
Name and quantity of materials involved;
v.
Extent of any injuries;
vi.
Assessment of actual or potential hazards to human health or the environment, where applicable; and
vii.
An estimate of the quantity of material recovered and its disposition.
d.
A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to local police, fire, hospital and county environmental health.
e.
The contingency plan shall be reviewed and amended when any of the following occur:
i.
The facility permit is revised;
ii.
Applicable regulations are revised;
iii.
The plan fails in an emergency;
iv.
Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste;
v.
The list of emergency coordinators changes;
vi.
The list of emergency equipment changes.
C.
Monitoring.
1.
Upon reasonable notice, city officials, their designated representatives, and representatives of other affected regulatory agencies may enter a parcel on which a hazardous waste facility permit has been granted for the purpose of monitoring the operation of the facility.
2.
The holder of a hazardous waste facility permit shall report quarterly to the city the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials. The report should also include a map showing the exact location (coordinates and elevation) by quantity and types of materials placed in repositories or otherwise stored or disposed of on-site.
3.
All structures shall remain accessible for inspection purposes.
D.
Closure Plan. The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the ends of its intended operating life. The closure plan shall include at least:
1.
A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility.
2.
An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility.
3.
A description of the steps needed to decontaminate facility equipment during closure.
4.
a.
An estimate of the expected year of closure and a schedule for final closure. The schedule shall include a minimum, the total time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure.
b.
The owner or operator may amend his/her closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change operating plans or facility design, he/she shall request a modification of the closure plan at the same time.
5.
The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project; the nature and type of reclamation; provisions for maintenance of the project; and finally the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site.
6.
The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post-closure monitoring maintenance, as set out in subsection (E)(3) of this section.
E.
Financial Responsibility. Prior to issuance of an occupancy permit to begin the use identified in this permit, the applicant shall show proof of liability insurance as follows:
1.
The types, amounts, periods of coverage and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the (city/county) as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.
2.
Additionally, coverage will be provided for workers compensation insurance and such other insurance as may be required. Such insurance will name the city as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the city annually.
3.
An irrevocable trust will be established to provide funds for closure of the site and its long-term post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of hazardous wastes received and processed or percentage of gross income. The terms of the trust would be as agreed upon by the project owner/operator and the city. The terms will be reviewed annually in regards to the amount of funds in the trust and anticipated closure monitoring and maintenance costs. The applicant shall provide a bond in an amount to be determined by the city for purposes of closure of the site.
4.
The applicant shall defend, indemnify and hold harmless the city, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.
F.
Use of Permit.
1.
A hazardous waste facility permit shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved facility permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application.
2.
a.
Any off-site hazardous waste facility permit that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of two years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, the permittee may, prior to the permit's expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the planning commission on forms provided by the planning department and shall be filed with the planning department, accompanied by the appropriate fee.
b.
The planning director or his/her designee shall set the matter as an advertised public hearing on the regular agenda of the planning commission who shall review the application and make a recommendation thereon. An extension of time may be granted by the planning commission upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of six months, from the effective date of the planning commission action. A maximum of two time extensions shall be allowed. The term "use" means, at a minimum, of having active building permits for which construction must thereafter be pursued diligently to completion.
3.
Permit Review and Renewal. Permit review and renewal shall be determined at the time of approval.
(Ord. 1719 § 1, 2010)
§ 18.58.120 Definitions.
Unless otherwise stated, the following definitions pertain to this ordinance.
means any person applying to the city for a permit or a land use decision concerning a specified hazardous waste facility, as defined under the term "proponent" of State Health and Safety Code Section 25199.1(i).
means the state of California General Fund.
means a board formed to review the appeal by an "applicant," as defined herein, of a specified hazardous waste facility land use decision disapproved by the city or county or of one or more conditions of approval placed on an approved specified hazardous waste facility or an appeal by an "interested person," as defined in this section, based solely on the grounds that the conditions imposed do not adequately protect the public health, safety or welfare. The Governor's Appeal Board's membership, purpose and procedures are defined by State Health and Safety Code Section 25199.9 through 25199.14.
means a waste or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
means a technical and environmental evaluation of a proposed facility, site and surrounding area prior to approval of a local permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes and potential water or air pollution. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations.
means schools, hospitals, convalescent homes, prisons, facilities for the mentally ill and other similar facilities.
means a person who participated in one or more public meetings or hearings held to consider an application for a land use decision for a specified hazardous waste facility project. "Participation" as defined in State Health and Safety Code Section 25199.1(c) includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing, submission of questions at a meeting or hearing or attendance at the meeting or hearing.
means a discretionary decision of the (city/county) concerning a specified hazardous waste facility including the issuance of a land use permit, a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code.
means a state-required committee of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility. The membership, duties and mission of the committee are defined by State Health and Safety Code Section 25199.7(d), as reiterated herein by Section 18.58.060.
means any structures, other appurtenances and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource, recovery, disposal, or recycling of hazardous waste including but not limited to:
Incineration facility (i.e., rotary kiln, fluid bed, etc.);
Residual repository (receives only residuals from hazardous waste treatment facilities);
Stabilization/solidification facilities;
Chemical oxidation facilities;
Neutralization/precipitation facilities; or
Transfer/storage facilities.
means the State of California Office of Permit Assistance.
means the State of California Office of Planning and Research.
means the city planning director.
means a waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.
means a specific offsite facility project proposal.
(Ord. 1719 § 1, 2010)
§ 18.60.010 Applicability.
In addition to the requirements for each zone district, the following performance and development standards shall apply to the establishment and operation of home occupations in any zone district in which they are permitted.
(Ord. 1719 § 1, 2010)
§ 18.60.020 Purpose.
These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will insure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.
(Ord. 1719 § 1, 2010)
§ 18.60.030 Permitted.
Home occupations are permitted when conducted as an accessory use to a residential use in any zone district that specified home occupations as a permitted use, subject to the requirements of Section 18.60.040 of this chapter.
(Ord. 1719 § 1, 2010)
§ 18.60.040 General requirements.
Before any home occupations are established and conducted, an application, accompanied by a filing fee as set by city council resolution, shall be submitted to and approved by the director of planning subject to the following criteria:
A.
No more than two persons other than a member of the immediate family occupying such dwelling shall be employed.
B.
There shall be no signs other than those permitted by the zone district regulations.
C.
The establishment and conduct of a home occupation shall not alter the appearance of the structure or cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises, vibrations, odors or fumes.
D.
The conduct of any home occupation including but not limited to the storage of goods and equipment, shall not reduce or render unusable, areas provided for off-street parking, setbacks and yard areas as required by the zone district regulations.
E.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which increases noise or fire hazards not normally associated with residential uses shall be prohibited.
F.
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, nor shall the use require additional parking spaces than provided on site.
G.
There shall not be any regular commercial delivery to or from the dwelling where a home occupation is being conducted.
(Ord. 1719 § 1, 2010)
§ 18.60.050 Appeal.
If the director of planning denies an application for a home occupation permit or if the applicant disagrees with the conditions imposed on the granting of a home occupation permit if any, the applicant may file for an appeal. The appeal shall be in accordance with the established fee and procedures required of any appeal of a development application excepting that a public hearing will be conducted by the planning commission, and property owners within a hundred-foot radius of the subject site shall be notified of such hearing.
(Ord. 1719 § 1, 2010)
§ 18.60.060 Revocation.
A home occupation permit granted in accordance with this chapter may be terminated if any requirements set forth in Section 18.60.040 is violated or if the permit was obtained by misrepresentation or fraud; or that the use has become detrimental to the public health or safety or is deemed to constitute a nuisance.
(Ord. 1719 § 1, 2010)
§ 18.60.070 Nontransferable.
A home occupation permit granted in accordance with the provisions of this chapter shall not be transferred, assigned or used by any person other than the permittee, nor shall each permit authorize such home occupation at any location other than the one for which the permit is granted.
(Ord. 1719 § 1, 2010)
§ 18.62.010 Purpose.
The purpose of this chapter is to regulate the land use zone, location, height, appearance, and placement of commercial antennas. The regulations contained herein are designed to protect and promote the public health, safety, welfare and aesthetic quality of the city.
(Ord. 1719 § 1, 2010; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.020 Definitions.
means an apparatus designed for the purpose of emitting radio frequency radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a wireless communications facility, structure, or building as part of the original installation of the antenna. For most services, an antenna will be mounted on or in, and is distinct from, a supporting structure such as a wireless communications facility, structure or building. However, in the case of AM broadcast stations, the entire wireless communications facility or group of wireless communications facilities constitutes the antenna for that station. Antenna shall also include, but not be limited to:
"Dish antenna,"
a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
"Panel antenna,"
an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennae are typically flat, rectangular devices approximately six square feet in size. Also called directional antennae.
"Whip antenna,"
an antenna that transmits signals in three hundred sixty degrees. Whip antennae are typically cylindrical in shape and are less than six inches in diameter and measure up to eighteen feet in height. Also called omnidirectional, stick, or pipe antennas.
shall have the same meaning as set forth in Section 1.6100 of Title 47 of the Code of Federal Regulations.
means a geographical area with a radius of up to eight miles that contains both transmitting and receiving antennae.
means locating one or more providers facilities in the same geographical area.
shall have the same meaning as set forth in Section 1.6100 of Title 47 of the Code of Federal Regulations and shall include locating wireless communication equipment for more than one provider on a single site.
means a stationary generator used for the generation of electricity that meets the criteria set forth in paragraph (29) of subdivision (a) of Section 93115.4 of Title 17 of the California Code of Regulations.
means disturbances to reception caused by radio frequency waves or other electronic fields.
shall have the meaning as set forth in Government Code Section 65850.75. As of the effective date of this code section, subsection (a)(3) of that section provides: "Macro cell tower site" means the place where wireless telecommunications equipment and network components, including towers, transmitters, base stations, and emergency powers necessary for providing wide area outdoor service, are located. A macro cell tower site does not include rooftop, small cell, or outdoor and indoor distributed antenna system sites.
means a structure composed of a single spire used to support communications equipment.
shall have the same meaning as set forth in Section 1.6100 of Title 47 of the Code of Federal Regulations.
shall have the same meaning as set forth in Section 1.6100 of Title 47 of the Code of Federal Regulations.
means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.
(Ord. 1719 § 1, 2010; Ord. 1748 § 3, 2013; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.030 Applicability.
A.
Existing Facilities. All commercial antennas for which applications were approved and/or building permits issued prior to the adoption date of this section shall not be subject to the application of these regulations and guidelines contained in this chapter, unless an alteration or intensification of use is requested in which case the provisions of this section shall apply.
B.
Proposed Facilities. All commercial antennas for which applications were received by the community development department, but not approved prior to the adoption date of this section, shall be subject to the provisions of this section.
(Ord. 1719 § 1, 2010; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.040 Permit required.
A.
The placement of all wireless communication facilities within the city shall require the approval of a conditional use permit per the procedure established in Chapter 18.66 of this title. Additionally, the applicant shall submit:
1.
A copy of the appropriate portions of the lease agreement indicating that no exclusive agreements have been made to prevent future carriers to co-locate on the same site or facilities.
2.
A design plan which does not preclude potential additional users.
3.
A map of all their existing and proposed facilities (to the extent known) within the city and the surrounding cities indicating the type of facility, design, height, and its coverage area.
4.
An additional processing fee for each additional hour of staff time expended at the hourly rate established in the adopted master fee schedule. A one thousand dollar deposit shall be paid at the time of application to cover these additional costs. All unexpended funds will be returned to the applicant upon completion of the public hearing process.
5.
Photo simulations showing the proposed completed wireless facility superimposed onto the existing property development, shown from a minimum of four angles.
6.
Any other information, studies and/or other documentation determined necessary by the city engineer or the director of community and economic development, particularly when there may be the creation of radio interference with existing communications systems such as the police 800 mHz system and other emergency systems.
B.
Prior to the installation of wireless communication facilities on public property, the applicant shall first obtain a permit from the city engineer.
(Ord. 1727 § 3, 2011; Ord. 1748 § 3, 2013; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.050 Location.
A.
Placement. Wireless communication facilities may be located in all zones, with the exception of properties developed with a residential dwelling unit. In addition, it is preferred that these facilities be roof or wall mounted on existing structures or co-located on existing conforming facilities.
B.
Views. Wireless communication facilities are to be located in a manner that preserves the view corridors of the surrounding residential and commercial developments.
C.
Co-location. The applicant is to cooperate with other communication companies in co-locating additional antennas on the tops of buildings, on existing monopoles, and/or clustering facilities. If co-location or clustering is not possible in the case of a particular proposal the permittee shall provide a written explanation as to why it is not possible as part of the conditional use permit submittal package.
(Ord. 1719 § 1, 2010; Ord. 1727 § 3, 2011; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.055 Modifications of existing wireless facilities.
A.
A request for a modification of an existing wireless tower or base station for the collocation of new transmission equipment or removal or replacement of existing transmission equipment shall be approved ministerially, without the processing of a conditional use permit, provided that such modification does is not a substantial change to the physical dimensions of such tower or base station from the dimensions approved as part of the original discretionary permit for the tower or base station.
B.
Any modification to a wireless tower or base station which is a substantial change the physical dimensions of either the tower or base station, and any other modification to a wireless telecommunications facility that does not qualify as a wireless tower or base station (as defined in this section) shall be subject to the permits and authorizations required by this code.
(Ord. 1748 § 3, 2013; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.060 Standards of development.
A.
Height. Any proposed wireless communication facility shall not exceed the height specification established for the zone in which it is being located.
B.
Setbacks. All wireless communication facilities shall meet all the front, side, and rear setback standards for the zone in which it is being located. Exception: In no case shall an undisguised monopole be located closer than one hundred feet to any residentially zoned property.
C.
Design. Monopoles shall be a stealth design and disguised as an architectural or landscape feature. Examples include, but are not limited to, clock towers, steeples, palm trees, pine trees, eucalyptus trees, etc. The placement of undisguised monopoles shall require approval of a zone variance, per the procedure established in Chapter 18.74 of the La Habra Municipal Code.
D.
Screening. All facilities are to be designed to be unobtrusive and shall be in context with the immediate surroundings in addition to being architecturally compatible with the existing structures on-site.
1.
Base stations are to be screened from public view, to be located preferably within a building, or if located outside a building to be placed behind the structure, and screened within a landscape planter or placed underground.
2.
All roof-mounted antennae are to be screened or visually neutralized with materials that are designed to blend with and/or match the existing building in type, shape, size, and color.
E.
All wireless communication facilities are to be installed and maintained in compliance with the applicable sections of the city's building code, electrical code and noise ordinance.
F.
In the event that a wireless communication facility is identified as causing interference or disturbance with radio or television reception of residents, or is in conflict with the city's communication system, the operator shall cease operation immediately, until the cause of the interference is eliminated. Failure to cease such operation shall result in automatic suspension of the underlying use permit. Exception: A new facility shall be allowed a twenty-four-hour cure period.
G.
All wireless communication facilities are required to operate in accordance with the current American National Standards Institute (ANSI) requirements and to meet all health standards set by applicable federal agencies.
H.
The operator shall provide a "single point of contact" person in its engineering and maintenance departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the police chief upon activation of the facility.
(Ord. 1719 § 1, 2010; Ord. 1727 § 3, 2011; Ord. 1748 § 3, 2013; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.62.065 Emergency standby generators.
A.
General. An emergency standby generator proposed to be installed to serve a macro cell tower site shall be a permitted use and the city shall review an application to install such emergency standby generator on an administrative, nondiscretionary basis if it meets all of the following requirements:
1.
The emergency standby generator is rated below fifty horsepower, compliant with applicable air quality regulations, has a double-wall storage tank, not to exceed three hundred gallons, and is mounted on a concrete pad.
2.
The macro cell tower site at which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the city.
3.
The emergency standby generator complies with all applicable state and local laws and regulations, including building and fire safety codes.
4.
The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than two hundred fifty cubic feet in volume.
5.
The emergency standby generator shall be located not more than one hundred feet from the physical structure of the macro cell tower or base station.
B.
Request. When the city receives a permit application to install an emergency standby generator that meets the requirements in subsection A of this section, the city shall approve or deny the application within sixty days of submittal of the application, subject to both of the following:
1.
If, within ten days of submission, the city notifies the applicant in writing that the application is incomplete, then the sixty-day period shall be suspended. If the application is determined not to be complete, the city's determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. In any subsequent review of the application determined to be incomplete, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Upon receipt of any resubmittal of the application, a new sixty-day period shall begin, during which the city shall determine the completeness of the application.
2.
The city shall not require any new or different information for the permit applications than it routinely requires for applications for other emergency standby generators.
C.
Timing.
1.
A completed application that the city has not approved or denied within sixty days of receiving the application or upon expiration of any tolling period shall be deemed approved.
2.
This section does not prohibit the city from revoking, through the appropriate process, the permit or approval status for an emergency standby generator that is determined to violate an applicable state or local law or regulation, including building and fire safety codes, or from otherwise enforcing state and local law with respect to the emergency standby generator.
D.
Multiple Permits. When the city requires more than one permit application for the installation of an emergency standby generator, all applications submitted concurrently shall be issued within the same sixty-day period set forth in subsection C of this section.
E.
Authorization. The city shall not require the applicant to submit proof of consent or other authorization from an underlying property owner as part of the initial application for an emergency standby generator permit; however, the applicant shall not install the emergency standby generator until the applicant provides documentation to the city.
F.
Application and Fee. The city shall process all requests for emergency standby generators via the Administrative Adjustment process, to include the payment of the related fee as per the city's Master Schedule of Fees. This process is in addition to any application or fees required by the Building and Safety Division.
(Ord. 1828 § 2, 2021)
§ 18.62.070 Removal.
A.
Abandonment. A facility that is inoperative or unused for a period of six continuous months shall be deemed abandoned. Written notice of the city's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed given at the time delivered or placed in the mail. A written notice of the city's determination of abandonment shall be mailed or delivered to the operator of the facility at the address stated in the relevant permit application.
B.
Removal of Abandoned Facility or Hearing. The operator of the facility and the owner(s) of the property on which it is located shall, within thirty days after notice of abandonment is given either: (1) remove the facility and restore the premises to its original condition; or (2) provide the planning department with written objection to the city's determination of abandonment and request an appeal hearing before the planning commission. If a written objection is timely received and a hearing is properly requested, the procedures for hearings, notices and related fees set forth in this code shall apply. The operator and/or owner shall be given the opportunity to provide evidence that the facility was in use during the relevant six-month period and that it is presently operational. The planning commission shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination.
C.
Removal by City. The city may remove the abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable sections of the zoning code at any time: (1) after thirty days following the notice of abandonment; or (2) following a notice of decision by the planning commission. The city may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises, upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and storage, and shall remit payment to the city promptly after demand therefor is made. The city may, in lieu of storing the removed facility, convert it to the city's use, sell it, or dispose of it in any manner deemed by the city to be appropriate.
D.
City Lien on Property. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on the abandoned personal property and any real property on which the facility was located, for the full amount of the cost of removal, repair, restoration and storage. The planning manager shall cause the lien to be recorded in the Orange County recorder's office.
(Ord. 1719 § 1, 2010; Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019; Ord. 1828 § 2, 2021)
§ 18.63.010 Purpose.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless communications facilities in the city's public right-of-way. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless communications facilities. This chapter provides standards necessary: (1) for the preservation of the public right-of-way in the city for the maximum benefit and use of the public; (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan; and (3) to provide for the orderly, managed and efficient development of wireless communications facilities in accordance with the state and federal laws, rules and regulations.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.020 Definitions.
means any equipment associated with the installation of a communication facility, including, but not limited to, cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.
means ministerial review of an application by the city relating to the review and issuance of a permit, including review by the city engineer to determine where the issuance of a permit is in conformity with the applicable provisions of this chapter.
for this chapter means that part of a communication facility designed to radiate or receive radio frequency signals and/or electromagnetic waves.
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
for this chapter shall have the same meaning as set forth in Section 1.6100 of Title 47 of the Code of Federal Regulations. It also means locating wireless communication equipment for more than one provider on a single site.
mean any facility or facilities that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. Exceptions: The term "communication facility" does not apply to the following:
Government owned and operated telecommunications facilities.
Emergency medical care provider-owned and operated telecommunications facilities.
Mobile services providing public information coverage of news events of a temporary nature.
Any wireless telecommunications facilities exempted from this code by federal law or state law.
Police and fire communications.
means a provider of a communications service.
means California Building, Electrical, Fire, Green, Plumbing, and/or Mechanical Codes adopted by the city.
means the director of public works, or designee.
means review of an application by the city relating to the review and issuance of a permit that is other than an administrative review.
means a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
means the same as is set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision.
means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
means the Federal Communications Commission.
means disturbances to reception caused by radio frequency waves or other electronic fields.
means, collectively, any and all federal, state, or local laws, statutes, common law, codes, construction codes, rules, regulations, orders, and/or ordinances.
includes any facility, which in whole or in part, itself or as part of another structure, rests upon, in, over or under the public right-of-way.
means an agreement between the city and a permittee authorizing the installation and maintenance of one or more small wireless facilities.
means a change to an existing communication facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation.
means attached or supported.
means a written authorization (in electronic or hard copy format) to install a small wireless facility at a specified location in the public right-of-way. A permit may also consist of a master agreement between the applicant and city to install and maintain one or more small wireless facilities in the public right-of-way.
means an applicant that has received a permit under this chapter.
means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.
means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this chapter. A pole does not include a tower or support structure.
means a strip of land acquired and/or held by the city of La Habra intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, storm drain, bikeway, pedestrian walkway, or other public use.
is a measurement representing the oscillation rate of electromagnetic radiation spectrum, or electromagnetic waves, from frequencies ranging from 300 GHz to as low as 9 kHz.
means, in connection with an existing pole, support structure or tower, to replace same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this chapter and any other applicable city code provisions, in order to address limitations of the existing structure to structurally support collocation of a communications facility.
means any residential use, public or private school, day care, playground, and retirement facility.
shall have the same meaning as described in 47 C.F.R. Section 1.6002(l).
means a structure in the public right-of-way other than a pole or a tower to which a wireless facility is attached at the time of the application.
means a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support communication facility antennas.
means any pole made of wood or steel, owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
means the equipment at a fixed location or locations in the public right-of-way that enables wireless services. The term does not include: (1) the support structure, tower or pole on, under, or within which the equipment is located or collocated; or, (2) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. An SWF is one type of wireless facility.
means the provision of services using a communication facility or a wireless telecommunications collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 USC Section 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.030 Administration.
A.
Reviewing Authority.The city engineer or its designee is responsible for administering this chapter. As part of the administration of this chapter, the city engineer may:
1.
Interpret the provisions of this chapter;
2.
Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
3.
Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;
4.
Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this chapter;
5.
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;
6.
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
7.
Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;
8.
Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application;
9.
Publish a Wireless Application Policy and Guidelines to serve as further regulatory guidance and clarification. The policy and guidelines may be updated at the discretion of the city engineer to adjust for new technologies and regulations, and compliance therewith is a condition of approval in every SWF permit;
10.
Grant an administrative variance from the strict locational or physical requirements of this chapter may be granted when it is shown to the city engineer's satisfaction based on substantial evidence that, because of special, unique circumstances, an installation cannot meet those standards; and
11.
Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
B.
Appeal.
1.
Any aggrieved person or entity may appeal a decision by the city engineer to the director of public works, which may decide the issues de novo, and whose written decision will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility.
2.
Where the city engineer grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the director of public works. All appeals must be filed within five business days of the written decision of the city engineer, unless the city engineer extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law.
3.
Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
C.
Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the right-of-way shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.040 Scope.
A.
In General. There shall be a type of permit entitled an "SWF permit," which shall be subject to all of the requirements of this chapter. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain an SWF permit authorizing the placement or modification in accordance with this chapter. Except for small wireless facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this chapter.
B.
Exemptions. This chapter does not apply to:
1.
The placement or modification of facilities by the city or by any other agency of the state solely for public safety purposes.
2.
Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.
C.
Pre-Existing Facilities in the Right-of-Way. Any wireless facility already existing in the right-of-way as of the date of this chapter's adoption shall remain subject to the provisions of the city code in effect prior to this chapter, unless and until an extension of such facility's then-existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this chapter, rather than the portion(s) of the city code under which it was previously reviewed.
D.
Public Use. Except as otherwise provided by California law, any use of the right-of-way authorized pursuant to this chapter will be subordinate to the city's use and use by the public.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.050 Installation requirements for small wireless facilities.
A.
Site Selection.
1.
Preferred Locations. The preferred location for a small wireless facility (SWF) shall be on existing infrastructure such as utility poles or streetlights. The infrastructure selected should be located at public alleys, streets and/or near property line prolongations. If the SWF is not able to be placed on existing infrastructure, the applicant shall provide a map of existing infrastructure in the service area and describe why each such site was not feasible.
2.
Master License Agreement. When existing infrastructure sites have been exhausted or there is no available infrastructure in the proposed location, the city will consider entering into a master license agreement with an applicant on mutually, agreeable terms, but which may require that the applicant dedicate new infrastructure such as a street light, on which the SWF can be installed. The installation shall be subject to any of the size, attachment, and other physical restrictions set forth in subsections 1 and 3, below, as determined necessary by the city engineer. The city engineer shall approve all plans and specifications, including the means of providing electrical power and fiber optic.
3.
Prohibited Locations. The city engineer has determined that in order to ensure protection of the public health and safety, no SWF may be installed or maintained: (a) where any hazard to normal traffic flow could occur or exist, such as obscuring of drivers' visibility or sight lines; or (b) which would result any obstruction or restriction of pedestrian movement or risk to pedestrian safety; or (c) which would or could result in violation of any law, including any Americans with Disability Act (ADA) standard; or (d) which would or could result in violation of any applicable federal, state, county or local standard including standards of the American Association of State Highway and Transportation Officials. Additionally, mid-strand facilities are not permitted.
4.
Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The director may require the provision of warning signs, fencing, anti-climbing devices, anti-graffiti texture or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance.
B.
Existing Infrastructure Requirements.
1.
Street Light.
a.
The antenna shall be the smallest possible volume but in no case greater than three cubic feet. The antenna must be enclosed in an RF transparent screen unless a whip style antenna is used. Antenna installations will be located at the top of pole mount and shall not increase the height of the underlying streetlight by more than ten percent or ten feet, whichever is greater, over other streetlights in the immediate vicinity. The antenna shall be as small as technically possible, and RF screen and/or color treatment shall be utilized to camouflage the installation.
b.
Equipment, other than antennas, shall be mounted as prescribed by the city engineer in one of the manners described herein.
i.
Underground Vault. Underground equipment shall be placed in vaults. Vault vents shall be flush to the ground. Wires and cables shall run in conduit underground from the vault to the pole. Underground entry into the pole through the foundation shall be required. Wires and cables shall run in conduit inside the pole.
ii.
Base Shroud. Equipment shall be mounted in a base shroud of approved design to be retrofitted to an existing light standard. The base shroud shall be coated or painted with an approved color to match the existing pole.
iii.
Integrated Base Shroud. The applicant may propose or the city may require that the existing light standard be replaced with a city-approved pole that is manufactured with a base shroud designed to accept wireless equipment and integrated RF screen to accept a wireless antenna.
iv.
Alternative Infrastructure. The city engineer may consider and allow the use of other infrastructure not described above and not otherwise prohibited herein, when it is determined that the proposed alternate infrastructure: (1) is substantially similar in physical characteristics to the improvements identified in subsection B. ii.; (2) the visual impact that would be suffered by the public is no greater than the impact if installed on a structure per subsection B. iii.; and (3) the proposed alternative infrastructure can accommodate the proposed SWF without creating any risk to the public health or safety. Any approved alternate infrastructure shall be subject to all requirements for SWFs set forth in this chapter.
2.
Utility Pole.
a.
All installations on utility poles shall fully comply with the California Public Utilities Commission (CPUC) general orders (GOs), including, but not limited to, GO 95. None of the following design standards are meant to conflict with or cause a violation of GO 95, including, but not limited to, its standards for a safe installation on a utility pole. Accordingly, size limits can be adjusted at the city engineer's discretion to ensure compliance with CPUC rules on safety.
b.
The antenna shall be the smallest possible volume but in no case greater than three cubic feet and shall be mounted at the top of the pole or on the side of the pole with a bracket. When mounted with a bracket the bracket may extend no more than eighteen inches from the surface of the pole and will be coated or painted to match the existing pole. The antenna must be enclosed in an RF transparent screen unless a whip style antenna is used. The antenna shall be as small as technically possible, and RF screen and/or color treatment shall be utilized if possible to camouflage the installation.
c.
Equipment, other than antennas, shall be mounted as prescribed by the city engineer in one of the manners described herein.
i.
Underground Vault. Equipment is to be placed in an underground vault. Vault vents shall be flush to the ground. Wires and cables shall run in conduit underground from the vault to the pole and then up the pole to the antenna(s). The conduit shall be painted to match the pole. If the existing utility pole already has more than two existing risers/drops (i.e. conduit), the pole must be replaced with a metal pole that allows the new cable and wires to be located inside the pole, in conduit. The existing drops will also be relocated inside the new pole and underground entry into the pole through the foundation is required.
ii.
Alternative Infrastructure. The city engineer may consider and allow the use of other infrastructure not described above and not otherwise prohibited herein, when it is determined that the proposed alternate infrastructure: (1) is substantially similar in physical characteristics to the improvements identified in subsection B. ii.; (2) the visual impact that would be suffered by the public is no greater than the impact if installed on a structure per subsection B. iii.; and (3) the proposed alternative infrastructure can accommodate the proposed SWF without creating any risk to the public health or safety. Any approved alternate infrastructure shall be subject to all requirements for SWFs set forth in this chapter.
3.
Replacement Poles. These poles should be placed as close to the location of the existing pole as is technically feasible. Replacement poles should be designed to match the aesthetics (e.g., color, materials, and appearance) of the existing pole.
4.
New Poles. A waiver is required for permission to install a new pole. The design should match the dimensions and appearance (e.g., colors, materials, and size) of existing poles in the area. New wooden poles are discouraged.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.060 Permit required.
A.
Pre-Submittal Requirements.
1.
Prior to application submittal, the applicants may schedule and attend a pre-submittal conference with public works department staff to receive informal feedback on the proposed location, design and application materials as well as a master plan of improvements within the city. The pre-submittal conference is intended to identify potential concerns and streamline the formal application review process after submittal. Public works department staff will endeavor to provide applicants with an appointment within approximately ten business days after receipt of a written request.
2.
Application Submittal Appointment. All applications must be submitted to the public works department at a pre-scheduled appointment. City staff will endeavor to provide applicants with an appointment within ten business days after receipt of a written request.
B.
Permits. An SWF permit must be obtained from the city before an SWF may be installed or maintained in the public right-of-way. An encroachment permit shall also be required as a condition of SWF permit approval. An SWF permit is conditionally valid for six months from the date of issuance. To ensure the greatest availability to other applicants of preferred locations for SWFs, installation of each SWF for which the permit is issued shall be completed within six months of issuance. Upon a showing of good cause not based on fault of the permittee, the city engineer may extend the time to complete the installation under an SWF permit, for an additional six months. Upon a failure of a permittee to complete installation in the required period of time, the permit shall be deemed void and the proposed SWF location shall be made available to other SWF applicants. In the event that an application is deemed granted by rule of law or court decision, all conditions and design guidelines set forth in this chapter are still applicable to the installation.
An application for a permit to install an SWF shall be made in writing on such forms as the city engineer prescribes, and shall comply with the following minimum requirements, in addition to all other information and documentation determined to be necessary by the city engineer to effectuate the purpose and intent of this section. A review of an application for an SWF that complies in all respects with this chapter shall be deemed an administrative review. Any proposed wireless facility not satisfying all requirements of this chapter for SWFs, or for any kind of facility that is not an SWF, shall be subject to discretionary review.
The application form shall specify the number, size and format of the project plans and application materials to be provided, including, but not limited to, electronic format. The city engineer may waive certain submittal requirements or require additional information based on specific project factors. Unless an exemption or waiver applies, all applications shall include all of the following and will not be accepted if any submittal material is missing or not fully completed. An application shall not be deemed complete by the city unless all required information, submittals, and documentation has been submitted to the city as follows:
1.
Complete Application. A fully completed and executed city application form for the type of approval sought, and all information, materials, fees, attachments, submittals, and proof of insurance specified in the city approved application form, must be submitted. Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city by the applicant regardless of the outcome of the application.
2.
Executed Under Penalty of Perjury. All applications shall be signed under penalty of perjury under the laws of the state of California by an authorized representative of the applicant.
3.
Applicant Information. Complete legal name and contact information for the facility owner, facility operator, agent (if any), and property owner (for any collocation facility on any existing SWF or shared utility pole), and related letter(s) of authorization if the owner is other than the city.
4.
Detailed Description of the SWF. A full written description of the proposed facility, its purpose, and specifications. Special requirements pertain to the following installations:
a.
Fiber Only. Applicants shall not be permitted to install fiber only and subsequently seek to install antennas and accessory equipment pursuant to an SWF permit at a later date. The applications for all installations in the public right-of-way shall simultaneously request fiber installation or other cable installation when applying for an SWF permit.
b.
Distributed Antenna System. Applications for an SWF permit for a DAS shall be submitted as a single SWF application for the entire project. Each individual location within the system shall be processed and considered for approval separately. Permitting fees will be applied to each site. Each location will be evaluated and must comply with the all design and development standards as defined by this chapter.
c.
Utility Pole Attachments. For any SWF proposed to be collocated on a pole or structure owned by a public or private utility, the application shall include written evidence of the utility's approval of applicant's specific proposed attachment including any and all applicable terms and conditions, and detailed description of the approved SWF. An SWF authorized by law and approved by the utility company for attachment to a utility owned pole or structure, shall be subject to all provisions of this chapter except to the extent any such provisions are preempted by state or federal law related to utility pole attachments by wireless providers.
5.
Inventory. An inventory list and map of the applicant's existing SWFs, including, but not limited to, collocations, operated by the applicant within two miles of the proposed site ("service area"), and longer range conceptual plans for a period of five years shall also be provided, if available. The inventory list must include specific information as to location, height, and design of each facility. The city may share such information with other applicants seeking to locate SWFs within the service area, in order to encourage collocation.
6.
Geographic Service Area. A written description identifying the geographic service area for the subject installation, accompanied by a five-year master plan of anticipated future installations and/or modifications, including maps.
7.
Report on Alternatives. A report explaining why the SWF is needed at the requested location, including a written statement explaining the rationale for selecting the proposed site, and, in the event the proposed location is not proposed for a preferred location set forth in Section 18.63.050(A)(1), how locating the proposed SWF in a preferred location would material limit the applicants provision of wireless service in the proposed service area. Said statement shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed SWF and why said alternatives are not a viable option. If the city has requested that the applicant collocate its SWF on a site, the applicant shall explain why collocation is not feasible, including efforts made to develop such an alternative.
8.
SWF Plans. Detailed engineering plans of the proposed SWF installation showing all equipment and antennas, including height, shape, size and nature of construction in accordance with the requirements established by the city engineer. The plans shall include, but are not limited to, a fully dimensioned diagram of the proposed SWF and antennas, including height, diameter, design, shape, size, structural integrity, power output and frequency, back-up power source (if any), nature of construction, purpose of the facility, and technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site.
The plans for any new freestanding structure must provide sufficient detail to demonstrate that the structure will be able to accommodate at least one other similar telecommunications provider in addition to the applicant. The plans shall include a diagram showing the separation between the proposed SWF and any existing facility or facilities on the same support structure or site, if collocation is planned.
In order to minimize visual impact of equipment boxes/vaults, every applicant seeking to collocate with another SWF shall utilize its best efforts to arrange with the existing SWF operator to share equipment enclosures. The collocating wireless provider shall provide a written description of its efforts made to share any equipment enclosure. If unable to achieve a sharing arrangement, the applicant's written description shall clearly state the reasons why.
9.
Site Plans. A fully-dimensioned site plan that includes, at a minimum, the following information: specific placement of the proposed equipment shelters, antenna(s), and any other SWF on the site; setbacks from adjacent property lines, offset from street centerline and curb face, show sidewalk width and clearances around all new equipment; the location of existing structures, trees, and other significant site features; the type and locations of materials proposed to screen SWF antennas and other components; the proposed materials and color(s) for the SWF, street improvements, and all other information required by the director.
10.
Photographs and Visual Analysis. Photo-simulations showing views of the proposed SWF from surrounding properties and adjoining public right-of-way at varying distances and angles with a map indicating the locations used for the analysis and their distances from the site.
11.
Documentation of Federal and State Compliance. Copies of all applicable licenses, permits and/or other approvals required by the FCC, CPUC, and any other federal, state, and/or local agency with authority to regulate SWFs, and documentation of compliance with all conditions imposed in conjunction with such licenses or approvals. The required documentation shall include, but is expressly not limited to, the following:
a.
Engineering calculations demonstrating that the proposed SWF will comply with all applicable FCC rules, regulations, and/or specifications.
b.
Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety", or any successor regulations, to determine whether the SWF will be "categorically excluded", as that term is used by the FCC.
c.
For an SWF that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed SWF, as well as any SWFs that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards, exposure limits and emission levels. The RF report must include the actual frequency and power levels (in watts, effective radiated power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.
12.
Any environmental documentation required to obtain such federal and/or state license, permit or other approval.
13.
CPUC. A copy of the certificate of public convenience and necessity issued by the California Public Utilities Commission ("CPUC") to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the wireless telecommunications service for which the facilities are proposed to be constructed in the public right-of-way. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity.
14.
Environmental Compliance. A completed environmental assessment and documentation establishing that all applicable environmental mitigation measures imposed by the CPUC, city and any other federal or state environmental determinations: (a) have been met; (b) will be met as part of the proposed SWF; or (c) are not applicable.
15.
Noise Compliance. A statement made under penalty of perjury that the level of noise emitted by the proposed SWF will comply with this noise standards contained in the applicable section of the La Habra Municipal Code.
16.
Traffic Control Plan. A traffic control plan will be necessary when the proposed installation will require use of any active traffic lane on any street. It may require the plan to be stamped by a traffic or civil engineer.
17.
Any other information, studies and/or other documentation determined necessary by the city engineer, particularly when there may be the creation of radio interference with existing communications systems such as the police 800 mHz system and other emergency systems.
C.
Findings; Decisions; Consultants.
1.
Findings Required for Approval.
a.
Except for facilities requests, the city engineer or the director of public works, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
b.
For eligible facilities requests, the city engineer or the director of public works, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
2.
Decisions. Decisions on an application by the city engineer or the director of public works shall be in writing and include the reasons for the decision.
3.
Independent Consultants. The city engineer or the director of public works, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in tele-communications in connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.
D.
Conditions of Approval. In addition to any supplemental conditions imposed by the city engineer or the director of public works, as the case may be, all permits granted pursuant to this chapter shall be subject to the following conditions, unless modified by the approving authority:
1.
Construction Requirements. Every permitted SWF shall be constructed/installed in strict compliance with the approved plans and specifications, provisions of this chapter, all laws, and all written policies and direction of the city engineer related to installation of utilities and/or other physical encroachments into the public right-of-way. All cabling and wiring must be either contained in conduit, inside a metal pole or affixed directly to the face of a wood pole, for as long as it is technically feasible. No exposed slack or extra cable will be allowed. No visible electrical meters will be allowed. The applicant shall negotiate directly with the electric utility to determine a flat rate for installation. The applicant is responsible for the cost of all electrical usage.
All work shall be done in accordance with latest city's Standards, Caltrans, California Manual on Uniform Traffic Control Devises, Work Area Traffic Control Handbook, County and Federal Standards and Specifications or as otherwise required by the city engineer. It is the contractor's responsibility to obtain the city Standards before starting work. Any work done without inspection or not conforming to said standards and specifications shall be subject to removal and replacement in the presence of a city public works inspector.
2.
Permit Duration. An SWF permit shall be valid for a period of ten years, unless pursuant to another provision of the code or these conditions, it expires sooner or is terminated. At the end of ten years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either: (a) remove the facility within thirty days following the permit's expiration (provided that removal of support structure owned by the city, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or (b) at least ninety days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the city and all appeals from the city's decision exhausted.
3.
Insurance and Indemnity. As a condition of approval of every SWF permit, and by accepting such permit, the permittee, to the fullest extent permitted by law, agrees to and shall indemnify, defend and pay reasonable attorneys' fees and costs, and hold harmless the city of La Habra, its elected officials, officers, employees, attorneys, contractors, agents, and volunteers, with respect to any and all claims, liabilities, and legal actions, allegedly or actually arising out of or related to, the acts and/or omissions of the applicant, its owners, officers, employees, contractors, agents, and any other person or entity acting on behalf of the applicant, in the exercise of rights and/or performance of obligations, in connection with any SWF or other permit issued to the applicant pursuant to this chapter.
Prior to entering any public right-of-way pursuant to an SWF permit, the permittee shall procure, provide satisfactory evidence of, and maintain commercial general auto liability, and workers compensation insurance in such form and with such limits as required by the city's risk manager or otherwise as required as a condition of the issuance of a city encroachment permit. Unless approved in writing by the city risk manager, self-insurance shall not be deemed to satisfy the requirements of this chapter.
4.
Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation, use, and/or maintenance of a communication facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. The permittee shall complete such repair within the number of days stated on a written notice by the city engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted, the city engineer shall cause such repair to be completed at permittee's sole cost and expense
5.
Written Policy and Guidelines. Compliance with any additional Wireless Application Policies and Guidelines issued by the city engineer is required.
6.
RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit
7.
Abandonment. Whenever a wireless permittee intends to abandon a wireless facility, including any SWF, the permittee must notify the city engineer in writing of its planned abandonment. A wireless facility including an SWF shall be removed within ninety days of abandonment with attainment of all required permits. Any wireless facility not in use for a period of six months shall be considered abandoned and shall be removed within ninety days.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.070 Fees.
Each applicant/permittee shall pay one-time and recurring fees, per each SWF, in amounts: (1) not less than those amounts deemed presumptively reasonable under then-in effect federal law or regulations; or (2) established by the city by resolution as a reasonable, non-discriminatory approximation of the city's costs; or (3) agreed upon by the city and a permittee in a master agreement. All the applicable fees shall be paid as established in the city of La Habra Master Schedule of Fees.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)
§ 18.63.080 Conflicting code provisions superseded.
The provisions of this chapter shall govern and supersede any conflicting provisions of the code with respect to the permitting and regulation of SWFs in the public right-of-way.
(Ord. 1806 § 2, 2019; Ord. 1807 § 2, 2019)