La Habra City Zoning Code
ARTICLE IV
Administrative
§ 18.64.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
means the owner or subdivider with a controlling proprietary interest in the condominium conversion project, or the person or organization making application under this chapter.
means that date on which the completed application for conversion was received by the city.
means the organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a condominium conversion project.
means a fund set aside to defray the expenses of major repairs, reconstruction or maintenance. The fund shall not be used for the routine maintenance of ground or other common areas.
means a project in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located therein.
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, commercial, or industrial complex located on such real property. A "condominium" may include, in addition, a separate interest in other portions of such real property.
means the development of land and existing structures as either a condominium, stock cooperative or community apartment project. "Conversion" does not include development of previously undeveloped land to a condominium, stock cooperative or community apartment project. "Conversion" does not include development of previously undeveloped land to a condominium or stock cooperative nor shall "conversion" include the redevelopment of previously developed land in such forms when all of the structures will be removed from the land prior to the redevelopment.
means the declaration of restrictions, articles of incorporation and bylaws of the association.
means a corporation formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property if all or substantially all of the shareholders of such corporation received a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with transfer of the shares of stock in the corporation held by the person having such right of occupancy.
means the person or persons who have signed a rental/lease agreement with the landlord and any persons living with this person in compliance with that rental agreement.
(Ord. 1719 § 1, 2010)
§ 18.64.020 Where permitted.
Subject to obtaining a conditional use permit pursuant to the provisions of this chapter, and subject to any requirements of the Subdivision Map Act and any local ordinances adopted pursuant to the Subdivision Map Act, conversions shall be allowed in all zones in which the use is otherwise proper.
(Ord. 1719 § 1, 2010)
§ 18.64.030 Pre-application submittals.
Before filing any application for a condominium conversion, the applicant shall submit to the planning coordinating committee, as established in Section 18.52.100, preliminary plans, sketches and basic site information for consideration and advice as to the relation of the proposal to the general development objectives to be attained in the area and as to the policies of the planning commission and city council with reference thereto.
(Ord. 1719 § 1, 2010)
§ 18.64.040 Application-Contents.
B.
The applicant shall also submit the following:
1.
A description of all common areas, facilities and amenities which are to be provided for the enjoyment and use of unit owners;
2.
A report, in content and in form satisfactory to the director of community development, showing the extent to which the proposed conversion will not comply fully with the building code of the city and this title, existing as of the date of application and also as of the date of the issuance of any building permit of the original construction of the building;
3.
A property report describing the condition and useful life of the roof, foundation, mechanical and electrical, plumbing and structural elements of all existing buildings and structures. This report shall be prepared by either a registered civil or structural engineer or a licensed general building contractor or a general engineering contractor;
4.
A structural pest report prepared by a licensed structural pest control operator indicating the presence or absence of wood-destroying pests or organisms;
5.
A proposed annual operating budget for the project once converted which shall be reasonably calculated to provide for the accumulation of funds necessary to pay for major anticipated maintenance, repair and replacement expenses;
6.
The proposed organizational documents for the project;
7.
Application for a variance from any of the requirements of Section 18.74.080 with which the applicant feels he/she cannot reasonably comply;
8.
A list of the names and mailing addresses of each tenant occupying any unit proposed to be converted, together with a statement designed to be mailed to tenants, which statement shall advise them of the applicant's wish to convert. This statement shall indicate the applicant's proposed program for relocation of tenants, shall advise tenants of their rights pursuant to Government Code Section 66247 as applicable, shall set forth the anticipated timing of the proposed conversion if it is approved, and shall indicate a telephone number at which the applicant will be available during business hours to discuss the proposed conversion with tenants. The statement shall also include a blank space for the insertion of the date of any planning commission hearing;
9.
Such other information as may be deemed necessary by the director of community development.
(Ord. 1719 § 1, 2010)
§ 18.64.050 Application-Filing fee.
For each application for a conditional use permit for condominium conversion, the city shall charge a fee as established by resolution to defray the expenditures incidental to the proceedings prescribed in this chapter. This fee shall not preclude the payment of other applicable fees.
(Ord. 1719 § 1, 2010)
§ 18.64.060 Application-Processing.
§ 18.64.070 Other laws and regulations.
Notwithstanding the provisions defined in this chapter, no provision shall be construed as to limit the enforcement of any other applicable laws or regulations. Where a conflict may exist the more restrictive provisions shall apply.
(Ord. 1719 § 1, 2010)
§ 18.64.080 Zoning provisions.
The planning commission shall take into account the requirements of this title when considering an application pursuant to this chapter. The planning commission may waive or modify such requirements only if it deems that compliance to them would be an unreasonable condition.
(Ord. 1719 § 1, 2010)
§ 18.64.090 Required standards-Residential.
No application for a conditional use permit for a residential conversion can be approved unless each of the following standards are met or a variance from them granted:
B.
Minimum lot area per dwelling unit shall be equal to or greater than applicable to the zone in which the proposed conversion is located.
C.
No parcel shall have less than one thousand square feet of usable yard area. The minimum required usable yard areas shall not be less than two hundred square feet for each dwelling unit, either as private usable open space or a combination of private and common open space with at least thirty percent of the total number of dwelling units having a private usable open space area. Such yard area shall be developed pursuant to Section 18.26.040(E).
D.
Each dwelling unit shall have a minimum floor area equal to or greater than that required by the provisions of this code applicable to the zone in which the proposed conversion is located.
E.
Each dwelling unit shall be provided with a minimum of one hundred fifty square feet of storage space within an enclosed, locked cabinet or closet. This space shall be in excess of any closet space within the unit.
F.
The exterior walls and walls separating adjoining dwelling units shall attenuate sound in accordance with the provisions of the Uniform Building Code as amended and adopted by the city in effect at the time of the application.
G.
Each dwelling unit for a residential conversion shall comply with the requirements of the Uniform Fire Code as adopted and amended by the city in effect at the date of application.
H.
The applicant shall provide to the homeowners' association an amount equal to one percent of the sales price for the first fifteen units and one-half percent of the sales price for each additional unit in order to ensure the ability of the association to maintain the common areas of the development. This amount shall be deposited in a separate capital improvement fund at the time of the closing of each escrow. The organization documents shall require the establishment of this fund.
I.
The applicant shall provide to any tenant whose tenancy is terminated as part of the conversion process with reasonable moving expenses not to exceed one month's rent.
J.
In addition, with respect to any tenant over the age of sixty-five years or any handicapped tenant whose tenancy is terminated as part of the conversion process, the applicant shall provide the person with reasonable packing expenses not to exceed one month's rent.
(Ord. 1719 § 1, 2010)
§ 18.64.100 Correction of deficiencies.
Any deficiencies identified in the reports submitted pursuant to this chapter shall be corrected unless specifically waived by the planning commission or city council.
(Ord. 1719 § 1, 2010)
§ 18.64.110 Approved rental developments.
After the planning commission and/or city council have approved a rental development, no application shall be accepted for a condominium conversion within three years of the issuance by the building department of the certificate of occupancy. Any request received during this time shall comply with all requirements of a condominium development.
(Ord. 1719 § 1, 2010)
§ 18.64.120 Grant of permit.
If the standards set forth in Section 18.64.080 are met or variance granted to them, the planning commission or the council may grant the conditional use permit subject to such conditions as it deems appropriate and necessary if it determines that the conversion as conditioned is consistent with the public health, safety and convenience in light of all relevant factors.
(Ord. 1719 § 1, 2010)
§ 18.66.010 Applicability.
A.
The regulations set forth in this chapter shall apply to the granting of conditional use permits ("CUP") and minor conditional use permits ("MCUP").
B.
Uses listed in this title as being permitted subject to a CUP or MCUP may be so permitted in accordance with the provisions of this chapter.
C.
An MCUP shall not be used if any environmental review other than a categorical or statutory exemption is applicable.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.020 Application-Contents.
Applications for CUPs and MCUPs shall be accompanied by the following information:
A.
A plot plan and description of the property involved showing the location of all existing and proposed buildings;
B.
Plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings;
C.
A description of operations for the proposed use;
D.
A reference to the provisions of this title under which application is sought; and
E.
For a CUP, a verified list of the name and address of each property owner (a "mail list") 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 on the latest equalized assessment roll. For an MCUP, a mail list for all properties adjacent to and directly across the street from the exterior boundaries of the subject property, as shown on the latest equalized assessment roll.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.030 Application-Filing.
Applications for CUPs and MCUPs shall be made on forms furnished by the city and accompanied by a fee in the amount established by the city council.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.040 Applications-Investigation and findings.
A.
The approval authority shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to ensure that the action on such application is consistent with the intent and purpose of this title and with previous actions of the planning commission and city council.
B.
In order to grant a CUP or MCUP, the following findings must be made by the approval authority:
1.
The proposed use will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.
2.
The subject site is physically suitable for the type of land use being proposed.
3.
The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.
4.
The proposed use is consistent with the comprehensive general plan.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.050 Approval authority.
A.
Planning Commission. The planning commission is the approval authority for CUPs.
B.
Director. The director is the approval authority for MCUPs.
C.
Referral to the Planning Commission. Notwithstanding the foregoing, if the director receives objections to an application for an MCUP which cannot be resolved by the director, the matter shall be referred to the planning commission. In such instances, the application shall be considered one for a CUP and the proceedings by the planning commission shall be held in the manner required by this chapter for a CUP.
D.
Concurrent Decision-Making. When any application for an MCUP is made in conjunction with, and as a part of, a project that requires planning commission action, the application shall be made to the planning commission. In such instances, the application shall be considered one for a CUP and the proceedings by the planning commission shall be held in the manner required by this chapter for a CUP.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.060 Conditions.
In approving CUPs and MCUPs, the approval authority may establish such conditions as it may determine to be reasonably necessary to safeguard and protect the public health and safety, promote the general welfare, and ensure the development of any use authorized in accordance with approved plans, provided such conditions are reasonably related to the impacts of the use of the property for which the CUP or MCUP is requested.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.070 Administrative action on MCUP-Notice.
A.
The director shall make a written decision on an MCUP within thirty days from the city's determination that the project is exempt from the California Environmental Quality Act and the decision shall set forth the findings upon which the decision is based.
B.
Prior to making a decision, written notice of the MCUP application shall be sent to owners of all properties adjacent to and directly across the street from the exterior boundaries of the subject property, as shown on the latest equalized assessment roll. The notice shall specify the date by which objections or other comments to the application should be filed with the director, which date shall be at least ten working days from the date the notice is mailed.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.080 Public hearing-CUP scheduling-Notice.
Following the receipt in proper form of an application for a CUP, the secretary of the planning commission 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:
A.
By publishing once in a newspaper of general circulation in the city;
B.
By mailing a notice, postage prepaid, to the applicant 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 the address of such owners as shown on the latest equalized assessment roll.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.090 Public hearing-Conduct.
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in Section 18.66.080. The planning commission may establish its 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. The planning commission may continue any such hearing.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.100 Planning commission action.
A.
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial.
B.
The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings upon which the planning commission bases its decision.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.110 Period of validity-Extensions.
A.
Unless a different period is established as part of the approval, a permit issued under this chapter shall expire and become void two years following the effective date of the permit unless utilized. For purposes of this section, "utilized" means:
1.
Construction has commenced as evidenced by issuance of a permit necessary for implementation of the project, including a demolition permit, grading permit, or building permit, and work is being diligently pursued toward completion; or
2.
A certificate of occupancy is issued; or
3.
The site is occupied and being operated in accordance with the permit and conditions of approval; or
4.
An extension has been granted in accordance with this section; or
5.
As may otherwise be specified in the original approval.
B.
The director may approve one-year extensions, up to a maximum of two years, to the period of validity, provided that the director makes the following findings in writing prior to granting a requested extension:
1.
There have been no changes in circumstances or law that would preclude the director from making the findings upon which the original approval was based; and
2.
Appropriate evidence has been provided by the permittee to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the permittee.
C.
To request an extension, the permittee shall submit the request in writing prior to the expiration date, submit a fee in the amount established by the city council, and provide a letter of justification explaining how each of the findings required by this section can be made.
D.
The director's decision on an extension of time may be appealed in accordance with the appeal procedures set forth in this chapter.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.120 Revocation or amendment.
A.
The planning commission may revoke or amend a CUP or MCUP for cause. As used in this section, "cause" means any violation of any applicable provision of this title, failure to comply with conditions of approval, and/or a change in conditions occurring after the original grant of the CUP or MCUP which change in conditions makes continuation of the permit, or continuation without amendment, incompatible with the general welfare of the surrounding neighborhood. The planning commission shall not revoke or amend a CUP or MCUP without first conducting a noticed public hearing.
B.
Prior to taking action to revoke or amend a CUP or MCUP, a written notice of intention to revoke or amend shall be delivered to the permittee at least ten days before the hearing.
C.
If the planning commission decides to revoke or amend a CUP or MCUP, the planning commission shall adopt written findings via resolution setting forth the basis for the decision.
D.
The permittee may appeal any decision of the planning commission to revoke or amend a CUP or MCUP in accordance with the appeal provisions set forth in this chapter.
E.
Within fifteen days following the date of a decision of the planning commission revoking or amending a CUP or MCUP, the secretary shall transmit to the city council written notice of the decision. The decision shall be final thirty days following the date on which the CUP or MCUP was revoked or amended unless an appeal has been filed.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.130 Termination of permits.
The process to terminate any permit for which the permitted use has not been active for a period of at least one year shall be as set forth in this section.
A.
Termination by Property Owner by Subsequent Application. Once an application, including a business license if no entitlement is required, is submitted on a property for which the permitted use has not been active for at least one year, it shall be considered a termination of the use by the property owner.
B.
Terminations Initiated by City Staff.
1.
Notification. If the process to terminate any permit for which the permitted use has not been active for a period of at least one year is initiated by city staff, the property owner and the permittee, if different from the property owner, shall be notified personally or through the U.S. Postal Service at least thirty days prior to any action being taken. The notice shall advise the property owner and the permittee, if different from the property owner, of the city's intent to terminate the use due the use not being active for a period of at least one year. The notice shall also advise the property owner and/or permittee of their right to request a hearing on such termination within ten working days of the date of the notice, and that the termination will become final if a hearing is not requested within such ten working-day period.
2.
Planning Commission Action. If the property owner and/or permittee requests a hearing on the proposed termination, the proposed action to terminate shall be scheduled as a public hearing before the planning commission.
(Ord. CC 2025-03, 6/16/2025)
§ 18.66.140 Appeals.
A.
An appeal from a decision of the approval authority shall be in writing and filed with the city clerk within ten working days from the date of the decision, along with the appeal fee in the amount established by the city council. An appeal on a decision of the director shall first go to the planning commission with the further right of appeal to the city council.
B.
An appeal may be filed by the applicant, or any other person aggrieved, and shall specify the decision being appealed and include the reasons for the appeal, along with any supporting evidence.
C.
The city clerk, after the filing of such appeal, shall set a date for a public hearing; giving of notice and conduct of the hearing shall be consistent with the provisions of this chapter for hearing by the planning commission. At the hearing, evidence and testimony may be given by the applicant, the appellant if different than the applicant, and any other member of the public interested in testifying.
D.
The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of the voting members of the planning commission or city council.
E.
No permit or license shall be issued for any use involved in an application for a CUP or MCUP until the permit has become final by reason of the failure of any person to appeal or by reason of the action of the city council.
(Ord. CC 2025-03, 6/16/2025)
§ 18.68.010 Generally.
Design review is established in order to ensure that site design, buildings, structures, signs, and landscaping will be in harmony with other structures and improvements in the vicinity of the proposed development and consistent with the general plan and the zoning. All multi-unit residential and mixed-use developments are subject to the provisions set forth in Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) of this title, unless exempt as set forth in Chapter 18.09.
(Ord. 1719 § 1, 2010; Ord. 1744 § 2, 2013; Ord. 1854, 12/18/2023)
§ 18.68.020 Applicability.
Before any building or structure which requires design review is erected on any lot, design plans shall be submitted to and approved by the planning commission subject to the provisions of this chapter. Exception: patio roofs, shade structures and minor out buildings in residential zones may be approved as an administrative adjustment at the discretion of the director of community development.
(Ord. 1719 § 1, 2010)
§ 18.68.030 Application.
Applications for design review shall be made in writing to the planning commission in such form as is approved by the director of community development. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto. Applications for design review shall be accompanied by the following:
A.
All the applicable fees as established in the City of La Habra Master Schedule of Fees.
B.
Eighteen printed sets and one digital set of design plans which include a fully dimensioned plot plan and description of the property involved showing the location of all existing and proposed buildings along with floor and elevation plans of all the proposed building and structures. The plans shall be drawn to a standard architectural or engineering scale (i.e., 1/4″ = 1′, 1/8″ = 1′, 1′ = 20″, etc.) and shall indicate clearly with full dimensions the following information:
1.
Location and design of all off-street parking and circulation areas;
2.
Location of the points of ingress and egress for pedestrians and vehicles;
3.
Location and nature of reflective devices (lighting);
4.
Location of landscape areas;
5.
Location and design of all trash storage areas and related screen walls;
6.
Location of all public utilities installations including: poles, transformers, vaults and meters;
7.
Location of all external mechanical equipment;
8.
Location, height and materials of all walls and fences;
9.
Calculations showing the percentage of land coverage, the parking requirements, and the landscape area provided;
10.
Relationship of property to public streets and alleys, and any required street dedications and improvements;
11.
Surface drainage patterns and structure;
12.
Exterior finish materials and colors;
13.
Roofing materials and pitches.
C.
Material board.
D.
Color Elevations. One printed set and one digital set of all building elevations fully rendered in color.
E.
Color Photographs. One printed set and one digital set of the subject property showing the existing conditions along with any photo simulations (if applicable) of the proposed improvements.
F.
Sign Plan. One printed set and one digital set of plans showing the design, colors and location of all signs.
G.
Landscape Plan. One printed set and one digital set of a conceptual landscape plan which show all the proposed landscape areas and materials.
H.
A complete description and operational characteristics of the proposed project.
I.
An environmental assessment of the proposed project in such form as approved by the director of community development along with any other environmental analysis that may be required under the provisions of the California Environmental Quality Act (CEQA).
J.
A verified list of the name and address of each property owner within three hundred feet of the exterior boundaries of the property involved, utilizing at a minimum the last-known name and address of such owners as shown upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
§ 18.68.040 Public hearing.
Upon receipt of a completed application, a public hearing before the planning commission shall be conducted as provided herein. The secretary of the planning commission 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:
A.
By publishing once in a newspaper of general circulation in the city; and
B.
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.
C.
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in this section. The planning commission 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.
D.
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial.
E.
The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.
(Ord. 1719 § 1, 2010)
§ 18.68.050 Findings.
In order for the planning commission to approve a design plan, the following findings must be made:
A.
The proposed project is consistent with the city's general plan.
B.
The proposed project is consistent with the city's zoning ordinance.
C.
The proposed project is in the best interests of the public health, safety, and welfare of the community.
D.
For projects that are subject to the objective design standards set forth in Chapter 18.09 of this title, the proposed project is consistent with those standards.
E.
For projects that are not subject to the objective design standards set forth in Chapter 18.09 of this title, the nature of the proposed land uses and the design is appropriate for the proposed location and compatible with the surrounding land uses and improvements.
F.
The project complies with all requirements of the California Environmental Quality Act, or has been found to be exempt.
(Ord. 1719 § 1, 2010; Ord. 1854, 12/18/2023)
§ 18.68.060 Appeal.
The applicant or any other aggrieved person may appeal, in writing, setting forth his/her reason for such appeal, to the city council. Such appeal and the fee therefore shall be filed with the city clerk within ten working days after the planning commission decision. The city clerk, after the filing of such appeal, shall set a date for a public hearing; giving of notice and conduct of the hearing shall be consistent with the provisions of the chapter for hearing by the planning commission, except that at the commencement of the public hearing set for the appeal before the city council, the appealing party shall set forth the basis for any such appeal and any evidence or argument in support of the appeal. Thereafter, any person or applicant in response to the appeal may set forth any evidence or argument to rebut the appeal. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of the voting members of the city council. The decision of the city council shall be final.
(Ord. 1719 § 1, 2010)
§ 18.68.070 Conformance.
The approved design plans including any conditions shown thereon or attached thereto shall be dated and signed by the planning manager. One copy of the adopted resolution shall be mailed to the applicant. No permits shall thereafter be issued for any building, structure or use except in substantial conformance with the precise plan. Minor modification may be approved by the director of community development.
(Ord. 1719 § 1, 2010)
§ 18.68.080 Violation.
Upon violation of any applicable provision of this title or, if granted subject to conditions, upon failure to comply with conditions of an approved design plan, the property owner shall be subject to the administrative citations process per Chapter 1.20 of the La Habra Municipal Code.
(Ord. 1719 § 1, 2010)
§ 18.68.090 Expiration-Extension.
A.
If no development is commenced under the approved design plan within twelve months after the date of approval and no time extension has been approved by the planning commission, the design plan shall become null and void, and the approval of a new design plan shall be required.
B.
For purposes of this section, "development" shall mean commencement of construction on the site consistent with the design plan, 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 of footings and/or foundation, or similar activities. Should the building permit expire and no time extension has been approved by the planning commission, the design plan shall become null and void, and the approval of a new design plan shall be required.
C.
The planning commission or the city council may, upon their own initiative or upon the request of the applicant, extend the approved design plan for a period not to exceed one year. Such action shall be initiated prior to the original expiration date of the design review. This action shall be by administrative procedure and shall not require a public hearing. A maximum of one extension may be granted.
(Ord. 1719 § 1, 2010)
§ 18.70.010 Designated.
Before accepting any application for filing, the city shall charge and collect fees as established by resolution for the purpose of defraying expenditures incidental to the proceedings prescribed in this title.
(Ord. 1719 § 1, 2010)
§ 18.72.010 Responsibility generally-Right of entry.
The provisions of this title shall be interpreted and administered by the department of building and safety, whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this title for purposes of inspection. Any such interpretations and administrative decisions may be appealed to the planning commission.
(Ord. 1719 § 1, 2010)
§ 18.72.020 Conformance of permits and licenses.
All departments, officials and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes in conflict with this title, and any such permit or license issued in conflict with this chapter shall be null and void.
(Ord. 1719 § 1, 2010)
§ 18.72.030 Violation-Nuisance.
Any building or structure erected or maintained, or any use of property, contrary to this chapter is unlawful and a public nuisance and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person from erecting or maintaining such building or structure, or using any property contrary to this title.
(Ord. 1719 § 1, 2010)
§ 18.72.040 Violation-Injunction.
This title may also be enforced by injunction issued out of the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions of this code.
(Ord. 1719 § 1, 2010)
§ 18.74.010 Purpose and alternative actions.
A.
In order to further the stated goals of the city, and, more particularly, for the stabilization of the economic and social aspects of a neighborhood, and the promotion of aesthetic considerations and to protect its citizens and their property, the city council has determined that an ordinance is necessary to effectively abate conditions or activities in this city which constitute a public nuisance. The purpose of this chapter is to require the maintenance of property on commercial, industrial and residentially zoned property. The city council recognizes that the use of property for residential use includes those customary activities which make the home more comfortable and enjoyable, such as gardening, certain recreational activities, and the enjoyment of certain hobbies. The scope of such activity is circumscribed only insofar as it may not assume a commercial or public character, or constitutes a health hazard or safety hazard, or is detrimental to other properties in the neighborhood. Any zoning restrictions contained herein are intended to retain the highest residential and aesthetic value to the property owners and the city.
B.
It is the intention of the city council, in adopting the ordinance codified in this chapter, to set forth general guidelines for determining what conditions/activities constitute a nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not corrected, to provide a procedure which allows the property owner reasonable notice and a reasonable opportunity to be heard on the issues of (1) whether a nuisance exists on the property; and (2) whether in fairness and in justice there is no other way to eliminate the nuisance.
C.
It is the purpose of the provisions of this chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address violations of this municipal code. Nothing in this chapter shall be deemed to prevent the city from at any time commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings herein set forth.
D.
This chapter does not affect or alter nuisance abatement procedures established or which may be established in other chapters of this municipal code. This chapter is not the exclusive regulation of property maintenance. It shall be supplemental and in addition to the other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the city, state of California, or any other legal entity or agency having jurisdiction.
E.
In addition to the abatement procedures provided herein, this chapter defines what conditions or activities constitute a public nuisance. The city council declares that any condition or activity caused, maintained or permitted to exist in violation of any provisions of this code which is offensive or annoying to the senses, or is detrimental to property values or community appearance, or is injurious so as to pose a serious threat to the public's health, safety or welfare, shall be deemed a public nuisance and may be abated consistent with the procedures provided for in this chapter.
(Ord. 1719 § 1, 2010)
§ 18.74.020 Administration and enforcement.
A.
The community preservation technicians, building officials, and the manager shall have the authority to issue citations should there be no response to the initial notice of an incident constituting a nuisance as defined in this chapter as opposed to the general policy of first issuing correction notices.
B.
The issuance of citations to enforce provisions as contained in this chapter shall be governed by Title 1 of this code.
C.
Any person authorized by the manager to administer this chapter may, with the consent of the property owner or the person in possession thereof, enter upon private property at all reasonable times for the purposes specified in this chapter including, but not limited to, entry for inspection and for enforcement of this chapter, to examine vehicles or parts thereof, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. Where consent is refused or cannot be obtained, a judicial warrant which authorizes entry into the property to inspect and abate must be obtained.
D.
When such entry is to be made in an area which is fenced or posted and which is within the "curtilage" area immediately surrounding the residence the following procedures shall apply in the absence of state legislation creating an abatement warrant procedure:
1.
An attempt shall be made to obtain the written consent of the property owner to enter the property and to abate the nuisance. An initial request for entry within ten days, utilizing a stamped and addressed return addressed envelope shall be mailed to the property owner at the address shown on the last equalized assessment roll or the supplemental roll, whichever is more current. If consent to enter enclosed private property for purposes of this chapter is refused by the property owner or occupant, the city attorney shall, at his/her option, send a second demand letter. If again entry is refused or if the city attorney determines that a second demand letter is not feasible, the city attorney shall, utilizing an inspection warrant procedure detailed in California Code of Civil Procedure Section 1822.50 et seq., apply to a judicial officer for a warrant which authorizes entry onto property for the purposes of abatement in connection with issuing the warrant.
2.
If exigent circumstances exist which pose an immediate threat to public health and safety or if facts and circumstances exist to reasonably justify a failure to seek consent from the property owner, the city attorney shall seek relief from the court and cause the issuance of a forcible warrant by the court pursuant to Section 1822.56 of the California Code of Civil Procedure.
(Ord. 1719 § 1, 2010)
§ 18.74.030 Definitions.
For the purpose of this chapter, words and phrases designated herein have the following meanings:
in addition to such other definitions that may be provided in law, means and refers to any item of property which has been given up absolutely, without reference to any particular person; or some overt act or failure to act which carries an implication that the owner neither claims nor retains any interest. In determining whether one has abandoned his/her property, the following factors shall be considered:
Present operability and functional utility, although mere nonuse is not necessarily an abandonment;
The date of last effective use accompanied by acts manifesting an intent to abandonment;
The physical condition of disrepair or damage;
The last time an effort was made to repair or rehabilitate the item;
The status of registration or licensing of the item;
The age of the item and degree of obsolescence;
The cost of rehabilitation or repair of the item versus its market value;
The nature of the area and location of the item;
The physical location of the owner.
means the planning commission, which shall hear appeals arising from all abatement proceedings arising from enforcement of this chapter.
means the director of planning of the city or authorized agents, assistants, deputies or representatives.
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets and alleys.
means the city manager of the city of La Habra or designee.
means any activity or condition which poses a danger and serious threat to health or safety, or may be injurious to the public health, if not suppressed or regulated, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway.
means any person or entity having possessory rights, who can control what goes on premises, whether as a tenant or owner.
means any officer of the city selected by the manager, or if the manager elects to contract for a hearing officer, that individual selected by the manager authorized to administratively adjudicate public nuisance proceedings.
means any person or entity owning, leasing, occupying or having charge or possession of any real or personal property in the city. Owner as applied to real property is the legal owner, one in whom that legal title of real estate is vested.
means the planning commission of the city of La Habra.
means water contained in a swimming pool, pond or other body of water which is abandoned, unattended, unfiltered or not otherwise maintained resulting in the water becoming polluted which includes but is not limited to bacterial growth, algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature, amount or location constitutes an unhealthy, unsafe or unsightly condition.
means an estate, including land and buildings thereon, encompassing a definite and distinct locality, such as a room, shop, building, structure or other definite area, or a distinct portion of real estate.
means every nuisance other than a public nuisance.
means any nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
means a vehicle, boat, vessel or other type of portable structure, with or without a mode of power, and without permanent foundation, which can be towed, hauled, sailed, flown or driven, and is designed, used, or maintained primarily for recreational purposes, such as, but not limited to, travel trailers, tent trailers, camping trailers, motor homes, buses converted to recreational or other noncommercial uses, vans, trucks with or without camper shells, campers, motorcycles, off-road vehicles, aircraft, boats or other vessels.
means unused or discarded matter and material having no substantial market value and which consists of such matter and material as: rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, boxes, appliances, furniture, inoperative vehicles and parts thereof, trimmings from plants and items which are offensive or odorous. Refuse and waste matter, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises.
means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 1719 § 1, 2010)
§ 18.74.040 Declaration of nuisance.
It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the city to maintain upon such premises or to permit, cause or allow to exist on such premises, any condition which constitutes a public nuisance as defined by this chapter or a condition that is determined to be detrimental to the public health, safety or general welfare. Such conditions shall include, but shall not be limited to, the following:
A.
Landscape Areas.
1.
Maintenance of Dead/Overgrown Vegetation. To maintain vegetation, including, but not limited to, trees, shrubbery, weeds and grass greater than six inches in height, cultivated or uncultivated, which is overgrown, dead, decayed or diseased such that it is likely to harbor rats, vermin, insects, other animals, or other nuisances which are dangerous to the public health, safety or general welfare; or
2.
Maintenance of Adverse Topography. To maintain land, the topography, geology or configuration of which causes erosion, subsidence or surface water runoff problems of such magnitude as to be injurious or potentially injurious to the public health, safety or general welfare; or
3.
Maintenance of Uncompacted Fill. To maintain on the property or premises any accumulation of uncompacted fill over three feet in height over predominant grade and contrary to adjacent contour for any period when such accumulation would seriously endanger public health or safety; or
4.
Maintenance of Excavations and Piles of Dirt. To maintain excavations and piles of dirt such that they constitute a hazard to unwary passersby or to minor children, and are detrimental to the public health, safety or general welfare; or
5.
Maintenance of Underground or Aboveground Storage Tanks. To fail to remove underground or aboveground storage vessels or tanks within six months after the use of such tanks or vessels ceases pursuant to the Uniform Fire Code Section 79.115 or to maintain underground tanks contrary to the provisions of the California State Health and Safety Code Sections 25280 through 26299.6 inclusive; or
6.
Maintenance of Vacant Lots. To fail to maintain a vacant lot in the city in accordance with the requirements of Section 18.74.040(E); or
7.
Maintenance of Artificial Turf. The property owner shall be responsible for the maintenance of all artificial turf at all times. The property owner shall be responsible for the replacement/repair of artificial turf due to the following issues, but not limited to: fading; unnatural appearance; stains; rips; tears; weeds; debris; impressions; has improper water drainage forming small ponds that could be attractive to vectors; lumps or rolls causing an unsecure or unsafe surface; or graffiti.
B.
Main Building and Accessory Structures.
1.
Maintenance of Dilapidated Structures. To maintain buildings or structures, or portions thereof, which are damaged, dilapidated, or inadequately or improperly maintained such that they are structurally unsafe, or do not provide adequate egress, or which constitute a fire hazard, or which are otherwise dangerous to human life or which in relation to existing use constitute a serious threat to the public's health, safety and general welfare. This includes any building, structure or property which has been constructed or is maintained in violation of any specific regulation applicable to a building, structure or property contained in the building codes of this city, or any law of the city or state relating to the condition, location, maintenance or construction of buildings or property. Such buildings or structures shall include those which are abandoned, hazardously or inadequately boarded up, partially destroyed, or in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course of construction two years or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood; or
2.
Maintenance of Hazardous Conditions. To maintain some activity or condition that would seriously endanger public health or safety and which is related to buildings, structures or appendages, walls, fences or landscaping which requires immediate correction, repair or adequate and proper maintenance, including but not limited to the existence of broken glass in doors or windows which are located in an area of public access; surfaces showing evidence of excessive dry rot, warping or termite infestation; absence of paint, stain, varnish or similar coating intended to protect the weatherability of any structural member; doors, aisles, passageways, stairways or other means of exit which do not provide a safe and adequate means of exit; any wall or other vertical structural member which lists, leans or is buckled to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base; or any other condition which because of a lack of proper sanitation or soundness, or as a result of dilapidation, decay, damage or faulty construction or arrangement, may be injurious to the public health and safety if not suppressed or regulated; or
3.
Abandoned Buildings. To abandon or vacate any building or structure so that it becomes readily available to unauthorized persons; or
4.
Violate Land Use Ordinance, Licensing and Building Codes. To construct, erect, alter, move or maintain any building or structure contrary to the provisions of the La Habra land use ordinance, or to use any property contrary to such ordinance, or fail to comply with any condition attached to the granting of a conditional use permit, variance, or site plan; or to conduct or operate a commercial activity in any zone without a business license and in direct violation of zoning, licensing and building codes regarding location, compatibility and occupancy; or
5.
Violate Sign Ordinance. Any sign or sign structure maintained in violation of Chapter 18.23 of this code; or
6.
Maximum Percentage of Front Yard to be Covered with Impervious Materials. The coverage of more than sixty percent of the front yard of residential properties by pavement or other hardscape (impervious) material which may be used for the temporary parking of vehicles is prohibited. When practical difficulties exist that require a greater front yard coverage than allowed by this section, approval of a zone variance is required in order to obtain permission to increase the percentage of front yard coverage. The planning commission may, upon sufficient showing of need by the applicant, increase the front yard coverage to a maximum of eighty percent. In consideration of such an increase, the planning commission shall be guided by a review of the size and configuration of the proposed coverage as compared with other similar developments in the same zone or vicinity.
C.
Supplemental Conditions.
1.
Maintenance of Detrimental Property Conditions. To maintain or fail to maintain property, or any building or structure thereon, in such condition so that it is defective, unsightly, or in such condition of deterioration or disrepair that it causes or will cause a health or safety hazard or in such a manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing facilities, or that constitute a fire hazard; or
2.
Maintenance of Unharmonious Uses. To use or maintain, or fail to use or maintain the property, or any building or structure thereon, in such a manner or condition so out of harmony or conformity with the use or maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties; or
3.
Maintenance of Hazardous Pools, Ponds, Polluted Water and Excavations.
a.
To maintain ponds, pools, polluted water or unenclosed or empty swimming pools such that they constitute a hazard to unwary passersby or to minor children, and are detrimental to the public health, safety or general welfare,
4.
Maintenance of Miscellaneous Conditions or Activities which Are Detrimental to Property Values or Community Appearances. To place, maintain, hang, dry, or air clothing, household fabric or laundry on or from any manmade or natural device, including, but not limited to, clotheslines, fences, open windows, balconies, trees or shrubbery in a front or side yard that abuts a public street; or
5.
Storage of Construction Material/Equipment in Residential Zone. To park or store on any street or property within a residential zone construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors trailers, truck tractors, any other commercial vehicle over twenty-two feet long or eight feet in height or ninety inches wide, supplies, materials or machinery of any type or description. Commercial vehicles, for the purpose of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. This section shall not apply to lawfully placed construction vehicles, machinery, equipment, supplies or materials during the period in which a valid building permit exists for the on-site construction, rehabilitation, remodel, or refurbishment of a residential property on which or in front of which the construction vehicles, machinery, equipment, materials and supplies are parked or stored; provided, that said work is progressing normally and diligently and the vehicles, machinery, equipment, materials and supplies are just those needed for the particular work being performed; or
6.
Storage of Discarded Materials. To store refuse and waste in such a manner or in such condition as to be detrimental to the public health, safety, or general welfare or which is detrimental to nearby property values or community appearance; or
7.
Storage of Trash/Garbage Containers. To store trash or garbage cans, bins, boxes or other such containers in any single-unit residential yard area, parking area, front or side yard, such that they are visible from a highway as defined herein on other than regularly scheduled pick up days and which are detrimental to nearby property values, improvements or the public health, safety or general welfare. Refuse containers may be placed at the collection location in public view between four p.m. on the day preceding collection until ten p.m. on the day of collection. Dumpsters or storage bins may be located in front yard areas with an active building permit that covers excavation, construction or demolition operations, or for a period not to exceed seventy-two hours for general cleanup of the subject property; or
8.
Storage of Hazardous Materials.
a.
To improperly store, discharge, hold, handle, maintain, use or otherwise deal with hazardous or extremely hazardous wastes as defined by California Health and Safety Code Sections 25115, 25117, 25117.5 and 25124 respectively. Hazardous shall be defined by Health and Safety Code Section 25116.5 which states, in part, "causing or significantly contributing to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or posing a substantial present or potential risk to human health or the environment,"
b.
This includes the discharge or deposit of any source of hazardous, infectious or extremely hazardous waste into any sewer, storm drain or similar facility which will or may cause or result in the pollution of any underground or surface water. Examples include but are not limited to petroleum products, laboratory wastes, specimens (pathological or surgical) or equipment,
c.
Furthermore, any violation of federal, state, or local laws or regulations, including but not limited to California Health and Code Sections 25100 through 25185 and Section 4-3 of the Orange County Code, and all their respective amendments, shall constitute a public nuisance under this part; or
9.
Fences and Walls. To maintain fences, walls or similar structures which are not structurally intact or that are damaged, dilapidated or in nonconformance with specific provisions contained in zoning ordinances; or
10.
Driveways, Walkways and Potholes. To maintain driveways or walkways in such a condition so as to be injurious or potentially injurious to the public health, safety or general welfare; or
11.
Animals, Reptiles or Insects. To keep any animal, reptile or insect in such a manner as to pose a threat, disturbance or menace to persons or property of another or in a public right-of-way; or
12.
Machinery Dust, Exhaust, Noise or Fumes. To keep, operate or maintain any machinery which by reason of its dust, exhaust, noise or fumes creates a health or safety hazard; or
13.
Buildings or Structures with Broken Windows. To maintain buildings or structures in such a condition so as to allow broken windows to remain unboarded longer than twenty-four hours from the date of the first "Notice of Correction," or so as to allow any construction material utilized in the boarding up process to remain attached or affixed to the building or structure for longer than any five-day period or to maintain buildings or structures in such a condition so as to allow broken windows to be injurious or potentially injurious to the public health.
D.
Vehicles—Living in Recreational Vehicle. To use a parked or stored recreational vehicle as temporary or permanent living space.
E.
Vacant Lots. To fail to maintain a vacant lot, located in a residential, commercial or industrial zones of the city, in accordance with the following minimum landscape requirements:
1.
Vacant Lots With No Previous Development. Vacant lots where no previous development has taken place, and where none currently exists, shall not permit vegetation to be over six inches in height in accordance with Section 18.74.040(A)(l).
2.
Vacant lots where previous development existed and structures were/are removed. Vacant lots which were previously developed, but where all, or substantially all, of the structures on the property have been removed, shall be maintained as follows:
a.
The number of trees and size to be provided along the street setback area(s) shall be in accordance with Section 18.16.040(A)(4). The entire lot, including parkways, shall be improved with sod or other ground planting material as approved by the director of community development. The property, including parkways, shall be improved with an irrigation system to maintain the installed landscaping in good condition. All approved landscaping shall be maintained in good condition at all times.
b.
In addition to complying with any and all county, state and federal requirements, lots that have been deemed contaminated by the Orange County Health Department or any other governmental agency, shall be landscaped in the following manner:
i.
Where the ground water table is twenty feet or less from surface grade, palm trees shall be utilized along the street setback in accordance with the requirements in Section 18.16.040(A)(4). The entire lot shall be improved with a drought tolerant groundcover variety. The irrigation system shall be designed utilizing drip irrigation techniques. All approved landscaping shall be maintained in good condition at all times.
ii.
Where the groundwater table is twenty-one feet or more from surface grade, the property owner shall maintain the lot in accordance with the requirements of subsection (E)(2)(a), noted above, in addition to complying with the remaining requirements of subsection (E)(2).
c.
Within thirty days of a lot becoming vacant within the meaning of this section or before issuance of demolition permits, the property owner shall submit a landscape and irrigation plan in compliance with the requirements of this section, along with a schedule for implementation for the proposed improvements, to the director of community development for his/her approval. Upon the approval of the plan, full improvements to the property shall be completed within thirty days. A reasonable extension of time may be granted by the director of community development in those situations where the director, in his/her sole discretion, determines that a good faith effort is being made by the property owner to comply with the ordinance.
d.
The director of community development, in his/her discretion, may require that any lot covered by this section be secured with a fence, to preclude illegal dumping on the property, or to otherwise protect the health, safety or welfare of the public. The director of community development must approve any such fence prior to installation. The fence shall be a wrought iron fence, and shall allow clear visibility of all portions of the lot, unless written permission is obtained to the contrary from the director of community development. An alternate type of fence material may be allowed if the condition of the property and surrounding developments warrant such a change. The fence shall not exceed a height limit of six feet and may not be placed within the required front or street setback areas.
e.
Vacant unimproved lots existing at the time of this code amendment shall be brought into compliance with the code within one hundred and eighty days of the effective date of the ordinance codified in this section. A reasonable extension of time may be granted by the director of community development in those situations where the director, in his or her sole discretion, determines that a good faith effort is being made by the property owner to comply with this section.
3.
Lots Improved With Vacant Structures. Lots improved with structures that become vacant shall be maintained as follows:
a.
All existing landscaping shall be maintained in good condition at all times, including parkways.
b.
All structures shall be maintained in good condition at all times in accordance with requirements of Section 18.74.040.
c.
The director of community development, in his or her discretion, after a structure has become vacant for thirty days, may require that any lot covered by this section be secured with a fence, to preclude illegal dumping on the property, or to otherwise protect the health, safety or welfare of the public. The director of community development must approve any such fence prior to installation. The fence shall be a wrought iron fence, and shall allow clear visibility of all portions of the lot, unless written permission is obtained to the contrary from the director of community development. An alternate type of fence material may be allowed if the condition of the property and surrounding developments warrant such a change. The fence shall not exceed a height limit of six feet and may not be placed within the required front or street setback areas.
d.
Vacant lots improved with structures at the time of this code amendment shall be brought into conformance within sixty days of the effective date of the ordinance codified in this section. A reasonable extension of time may be granted by the director of community development in those situations where the director, in his or her sole discretion, determines that a good faith effort is being made by the property owner to comply with this section.
(Ord. 1719 § 1, 2010; Ord. 1727 § 3, 2011; Ord. 1852, 12/4/2023; Ord. 1853, 12/18/2023)
§ 18.74.050 Unlawful property nuisances.
It is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the city to maintain such property in such manner that any of the conditions set forth in Section 18.74.040 shall exist. The procedures for abatement set forth in this chapter shall not be the exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the city from enforcing other city ordinances or provisions of the municipal code or from abating public nuisances in any other manner provided by law.
(Ord. 1719 § 1, 2010)
§ 18.74.060 Owners' responsibility for property maintenance.
A.
Every owner of real property within the city, whether commercial, industrial or residential, is required to maintain such property in a manner so as not to violate the provisions of this code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
B.
Every occupant, lessee, or holder of any interest in property other than as owner thereof is required to maintain such property in a manner consistent with the standards described in Section 18.76.040. California Civil Code Section 1941 requires the lessor of a building intended for human occupancy to maintain the building in a condition which is fit for such occupation and to repair all dilapidation which render it untenantable. Accordingly, this section is intended to and shall be interpreted in a manner which is consistent with California Civil Code Section 1941 and any amendments thereto.
(Ord. 1719 § 1, 2010)
§ 18.74.070 Finding of nuisance.
A.
When the conditions which are found to constitute a nuisance are determined not to pose an immediate threat to the public peace, health, safety or welfare, a correction notice shall be personally served, delivered by mail or certified mail to each (one) of the following:
B.
Such notice shall describe in detail the conditions or activities which render the building, structure, premises or portion thereof a public nuisance, set forth a reasonable date and time by which the violation(s) shall be abated, and may contain a brief concise statement of the proposed methods of abatement.
C.
An extension of time in which to correct the violations may be given based upon a showing of extenuating circumstances; however, in no event shall the extension exceed thirty days without written authorization of the planning commission.
(Ord. 1719 § 1, 2010)
§ 18.74.080 Abatement options.
A.
If the manager finds that any premises or any portion thereof continues to constitute a public nuisance after the owner/occupant has failed to voluntarily correct those certain enumerated conditions as written in the correction notice, he or she may direct the city attorney or an authorized legal representative to seek judicial relief from a court of competent jurisdiction in order to abate the nuisance. Nothing in this chapter shall ever be construed to prevent the city from commencing an action at law or in equity for abatement thereof in the manner provided by law in addition to, or in conjunction with, the proceedings set forth in this chapter, nor shall anything in this chapter ever be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this chapter; or
B.
If the manager finds that any premises or any portion thereof continues to constitute a public nuisance after the owner/occupant has failed to voluntarily correct those certain enumerated conditions as written in the correction notice, he or she may direct an officer of the city to initiate abatement proceedings, without judicial procedure, pursuant to the due process provisions contained herein, at the expense of the person(s) creating, causing, committing, or maintaining the nuisance.
(Ord. 1719 § 1, 2010)
§ 18.74.090 Initiation of abatement proceedings.
The designated officer shall prepare or cause to be prepared a "Notice to Abate Nuisance," stating in detail the conditions or activities which render the building, structure, premises or portion thereof a public nuisance. The notice of such public hearing shall:
A.
Describe the premises involved by setting forth the street address, if applicable, or if a street address is not known or applicable, the notice shall set forth the location of the nuisance, and a description sufficient for general identification of the building, structure, premises or portion thereof. The location of the nuisance shall be identified utilizing the assessor's parcel number and a legal description of the real property; and
B.
Contain a brief description of the materials, activities and conditions constituting the nuisance; and
C.
Contain a brief concise statement of the proposed methods of abatement.
(Ord. 1719 § 1, 2010)
§ 18.74.100 Notice to abate nuisance-Persons to be served.
A.
The officer shall cause the notice to abate to be served upon each of the following:
B.
"Owner" as used in this section also means any person, mortgagee or beneficiary having or claiming to have any legal or equitable interest in said premises when known by the city to have an ownership or leasehold interest in the premises, as disclosed by a current title search from any accredited title company.
C.
The notice may be served personally upon, or may be sent by mail or may be sent by prepaid certified U.S. mail to the occupant and the owner or agent of such premises. Service by mail shall be deemed completed upon deposit of the mail in a U.S. mailbox. The notice shall also be posted on the premises in a conspicuous manner at the same time at least ten days before the time fixed for abatement. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.
D.
In addition to the notice required by this section, the planning director may, in his or her discretion, give notice of the abatement in any manner to any real property owners adjacent from the site of the alleged nuisance or to the affected property owner.
(Ord. 1719 § 1, 2010)
§ 18.74.110 Effect of failure to abate.
A.
Notwithstanding the provisions of subsection A of Section 18.74.080, if the nuisance is not abated within the period given in the notice to abate, the manager may proceed with summary abatement pursuant to subsection B of Section 18.74.080. When he or she orders summary abatement, the designated officer shall give a second notice in the same manner as set forth in Section 18.74.100.
B.
The second notice shall inform the persons that the city will commence summary nuisance abatement proceedings at the expense of the person(s) creating, causing, committing, or maintaining the nuisance and that the cost of abating the nuisance upon each lot or parcel of land shall constitute a special assessment against each such lot or parcel of land and shall also become the personal obligation of the owner of each such lot or parcel of land. This notice shall also inform the persons that they may appear before the commission or such other person as the manager specifies in the notice, at a stated time and place and show cause why the nuisance should not be summarily abated, provided the following appeal procedures are followed. When a person files an appeal, the order of abatement shall be suspended pending the review of the determination.
(Ord. 1719 § 1, 2010)
§ 18.74.120 Appeal procedures.
A.
Upon receipt of the second notice, any person entitled to service under subsection A or B of Section 18.74.080 may appeal from the notice and order of the designated officer under this chapter by filing with the planning secretary a written appeal containing at a minimum:
1.
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
2.
A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
3.
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
4.
The signatures of all parties named as appellants and their official mailing addresses;
5.
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B.
The request for appeal shall be filed within thirty days from the date of service of such order or action of the designated officer; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with the Uniform Code for the Abatement of Dangerous Buildings (as adopted pursuant to Section 15.08.010 of this code), such appeal shall be filed within ten days from the date of the service of the notice and order of either the designated officer or a building official.
C.
Only those matters or issues specifically raised by the appellant shall be considered in the hearing appeal.
D.
Upon receipt of any appeal filed pursuant to this section, the planning secretary shall present it at the next regular meeting of the planning commission.
E.
As soon as practicable after receiving the written appeal, the planning secretary shall fix a date, time and place for the hearing of the appeal by the commission. Such date shall not be less than ten days nor more than sixty days from the date the appeal was filed with the planning secretary.
F.
Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the secretary of the commission either by causing a copy of such notice to be delivered to the appellant personally or by mailing first class, or by certified, a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
G.
A written notification of the commission's decision will be given to the appellant either personally after the hearing, or by first class mail delivered to the appellant within ten days following the hearing.
(Ord. 1719 § 1, 2010)
§ 18.74.130 Form of notice of public hearing.
The second notice given shall be provided in substantially the following format:
Notice of Hearing on Abatement of Public Nuisance | |
|---|---|
1. | A hearing will be held at __________ on __________ at City Hall, __________, La Habra, before __________ to receive testimony from any person having any interest in the property described below, and to show cause, if any they have, why certain unsafe, dangerous, hazardous or obnoxious materials and/or conditions existing on the premises/property at __________shall not be declared a public nuisance. |
2. | The materials and/or conditions found to constitute the public nuisance are as follows: ______________________. |
3. | The public hearing may be avoided if the following corrections are made at least two days before the date set for the hearing: __________. |
4. | If it is determined by the __________that the premises/property herein described is currently being maintained in such manner as to constitute a public nuisance as defined by Section 18.77.030, said nuisance may be abated by the removal or repair of said unsafe, dangerous, hazardous or obnoxious materials and/or conditions. |
5. | If the owner of record has not completed the corrective action, the materials and/or conditions found to constitute the public nuisances will be removed and repaired and the nuisances will be abated by the municipal authorities of the City of La Habra, in which case the cost of such removal or repair shall be assessed upon the lot(s) and land upon which said unsafe, dangerous, hazardous or obnoxious materials and/or conditions exist, and such cost will constitute a lien upon such lot(s) or land until paid. |
(Ord. 1719 § 1, 2010)
§ 18.74.140 Service of notice of public hearing-Proof.
When personally delivered, proof of service of the notice and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which such notice was given and posted. He shall file such declaration in the planning office and therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by certified mail, or any return by first class regular mail.
(Ord. 1719 § 1, 2010)
§ 18.74.150 Conduct of hearing-Content of testimony.
At the time stated in the notice, the commission or designated officer shall hear and consider all relevant testimony or evidence offered by the director, manager, or other officials or employees of the city or other qualified witnesses, including but not limited to the owner of record or his/her authorized representatives, a responsible person in charge or control of the affected premises, a mortgagee or beneficiary under any trust deed, lessee, or any other person having any estate or interest in such premises. The commission or designated officer is authorized to grant reasonable extensions, not to exceed thirty days, on the time period for the hearing based upon a proper showing of extenuating circumstances made before the date stated in the notice.
(Ord. 1719 § 1, 2010)
§ 18.74.160 Conduct of hearing-Procedure.
A.
The hearing shall be conducted informally, and the technical rules of evidence shall not apply, notwithstanding the fact that the rights to confrontation, opportunity to be heard, cross-examination and the opportunity to rebut ex parte evidence are presumed to exist. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions except that unduly repetitious evidence shall be excluded.
B.
During the course of the hearing, the commission or designated officer may visit and inspect any premises involved in the proceedings and may therewith receive oral testimony of any sworn or unsworn witnesses.
(Ord. 1719 § 1, 2010)
§ 18.74.170 Conduct of hearing-Decision.
A.
Upon conclusion of the hearing, the commission or designated officer shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support the decision and by such same findings shall make a determination and conclusion with respect to the alleged public nuisance. If a determination is made that a public nuisance exists, the commission or designated officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time not to exceed thirty days. The order shall set forth a statement of the particulars which render the premises a public nuisance. Such decision shall contain a detailed and precise list of needed correction or abatement methods and a statement that the occupant, lessee or another person in possession or charge or any mortgagee, beneficiary under any deed of trust, or other person having an interest or estate in such premises, may at his/her own risk, abate the nuisance. The commission or designated officer is authorized to grant reasonable extensions, not to exceed thirty days, on the time period for abatement based upon a proper showing of extenuating circumstances made before the date of the order of abatement.
B.
Failure of the owner or other persons having any interest in the affected premises to appear at or be represented at the hearing shall in no way affect the validity or the prescribed conduct of the hearing. A copy of the order of abatement shall be posted upon the premises involved and shall be served upon the owner of record in the same manner as the notice to abate pursuant to Section 18.74.100. The city clerk shall immediately, after passage of said order, cause to be filed in the office of the county recorder of Orange County a certified copy of said order of abatement.
C.
The decision of the commission or designated officer shall be considered the final and conclusive action in the matter.
D.
The city council reserves the right upon its own motion to conduct a de novo review of any determination of the commission or designated officer. When the council passes such a motion, the order of abatement shall be suspended pending the review of the determination.
(Ord. 1719 § 1, 2010)
§ 18.74.180 Immediate hazards.
Any activity or condition which poses a serious threat to the public's health or safety shall be determined and declared by the city manager, police chief or fire chief to be an immediate hazard which would, if not immediately suppressed, seriously endanger public health or safety. In such event, the city manager, police chief or fire chief may take immediate action to abate the hazard, without notice to the owner, lessee, person having custody or charge of the premises involved, or any other interested person, and without the necessity of a hearing thereon by the planning commission. However, such immediate action shall be limited to such action as is reasonably necessary to eliminate the immediate hazard. Any further action to abate a nuisance which does not pose an immediate serious threat to public health and safety shall be taken only in accordance with the procedures set forth in this chapter.
(Ord. 1719 § 1, 2010)
§ 18.74.190 Costs-Report.
The director, city manager or any private contractor authorized to abate the nuisance, shall keep an account of the cost (including incidental expenses) of abating any nuisance or immediate hazard on each separate lot or parcel of land where the work has been done, and upon completion of the abatement, shall cause to be prepared and filed with the city clerk an itemized report specifying the following:
A.
The work performed; and
B.
The cost of the work by rehabilitation, demolition, or repair of the property, buildings or structure, including any salvage value relating thereto and incidental expenses; and
C.
A description of the real property, pursuant to the provisions of this chapter, upon which the nuisance or immediate hazard was located; and
D.
The names and addresses of the persons entitled to notice pursuant to the provisions of this chapter; and
E.
The assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include work performed on any number of parcels of property, whether or not contiguous to each other. The term "incidental expenses" includes, but is not limited to, the expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, reports of title search and the costs of printing, mailing and serving papers required under this chapter.
(Ord. 1719 § 1, 2010)
§ 18.74.200 Costs-Notice of hearing.
Upon filing of the report by the director, or city manager with the city clerk, the city clerk shall transmit it to the city council and the city council shall fix the day, hour and place when it will hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of such abatement, and any other interested persons. At least ten days before the date set for hearing, the city clerk shall cause copies of the report and a notice of the filing of the report, containing a description of the property sufficient to enable the persons served to identify it and specifying the day, hour and place when the city council will hear and pass upon the report, and any objections or protests thereto, to be posted and served in the manner and upon the persons set forth in Sections 18.74.100 and 18.74.120. Proof of posting shall be made by affidavit of the city clerk or assistant city clerk. A copy of the notice shall be published once at least ten days prior to the date set for the hearing in a daily newspaper published and circulated within the city.
(Ord. 1719 § 1, 2010)
§ 18.74.210 Costs-Hearing.
Any person interested in and affected by the proposed assessment may file written protests or objections with the city clerk at any time prior to the hour and date set for the hearing on the report. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report, together with any objections or protests which may be raised by any property owner liable to be assessed for the cost of abatement, and other interested persons. The city council may make such correction, revision or modification in the report as it may deem just, and when the city council is satisfied with the correctness of the assessment, the report as submitted, or as revised, corrected or modified, together with the assessment, shall be confirmed by resolution. Prior to recordation of the lien, notice shall be given to the owner of record of the parcel of land on which the nuisance is maintained, based upon the last equalized assessment roll or the supplemental roll, whichever is the most current. If the owner of record, after diligent search, cannot be found, the notice may be served by publication thereof in a newspaper of general circulation published in Orange County pursuant to Section 6062 of the Government Code. The decision of the city council on the report and the assessment and on all protests or objections shall be final and conclusive. The city council may adjourn the hearing from time to time.
(Ord. 1719 § 1, 2010)
§ 18.74.220 Special assessments.
The amount of the cost of abating the nuisance or the immediate hazard upon each lot or parcel of land, including incidental expenses, as confirmed by the city council, constitutes a special assessment against each such lot or parcel of land, and as thus made and confirmed shall also become the personal obligation of the owner of each such lot or parcel of land. Such confirmed cost shall thereafter bear interest at the legal rate of interest until paid. Such confirmed special assessment, after notice and recordation, shall also constitute a special lien against such property for the amount of such assessment until paid.
(Ord. 1719 § 1, 2010)
§ 18.74.230 Notice of lien.
Upon confirmation of the assessment, the city clerk shall cause to be filed in the office of the county recorder, Orange County, California, a notice of lien in substantially the following form:
Notice of Nuisance Abatement Lien Claim of the City of La Habra |
Pursuant to the authority contained in Chapter_____of the La Habra Municipal Code, the City Council of the City of La Habra did the following: 1) Issued an abatement order on the_____ day of __________, 20__; 2) Caused a nuisance to be abated on the real property hereinafter ascribed on the__day of _____, 20__; and 3) Assessed the cost of such abatement upon said real property hereinafter described by adopting Resolution No.__on the__day of __________, 20__. Of said costs, there remains unpaid to the City of La Habra the sum of _____ Dollars ($_____), and therefore the City of La Habra does hereby claim a special lien upon said real property in the amount of $_____together with interest calculated thereon at the legal rate of interest from the __day of __________, 20__. Until said amount has been paid in full and this lien discharged of record. |
The real property hereinabove mentioned and upon which a lien is hereby claimed is that certain parcel or parcels of real property situated in the City of La Habra, Orange County, California, and more particularly described as follows: |
_____________________________ (Street Address) |
_____________________________ (Legal Description) |
_____________________________ (Assessor's Parcel Number) |
The name and address of the record owner of the parcel on which the lien is imposed is as follows: |
_____________________________ (Owner's Name) |
_____________________________ (Owner's Address) |
Dated this__________day of __________, 20__________, at City of La Habra, California. |
By: _____________________________ City Manager |
Attest: |
_____________________________ City Clerk (Notarial Acknowledgement) |
(Ord. 1719 § 1, 2010)
§ 18.74.240 Collection of costs of abating the nuisance.
The cost of abating a nuisance and related administrative expenses, including but not limited to any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien, may be collected by either of the following means:
A.
After the confirmation and recordation of such report of costs and assessment, a certified copy of such confirmed special assessment, which remains unpaid, shall be filed with the assessor and tax collector of Orange County acting for the city in order that such officials may enter the amount of the assessment on the appropriate assessment book opposite the description of the particular parcels of land and respective lots. Thereafter such assessment shall be collected at the same time in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and interest, and the same procedure under foreclosure and sale in case of delinquency, as provided by law for ordinary municipal taxes. All laws and ordinances applicable to the levy, collection and enforcement of municipal taxes are made applicable to such special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
B.
After the confirmation of such report of costs and assessment, a certified copy of the cost of abatement and related administrative expenses shall be recorded in the grantor/grantee index of the county recorder's office of Orange County, which shall have the force, effect and priority of a judgment lien. This method of collection is only available when service was effectuated in accordance with Section 18.76.100 of this chapter. The lien may also be foreclosed by a judicial or other sale in the manner and means provided in Government Code Section 38773.1 or otherwise provided for by law.
C.
Instead of making the cost of abating a nuisance a lien upon the real property, the city may make the cost the personal obligation of the property owner, tenant or other person creating, causing, committing or maintaining the nuisance. In such a case, all of the procedures of this chapter shall apply except those specifically related to the assessment of the property.
(Ord. 1719 § 1, 2010)
§ 18.74.250 Discharge, release or satisfaction of lien.
In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Section 18.76.220 shall be recorded by the city clerk. The nuisance abatement lien and the release of the lien shall be indexed in the grantor/grantee index.
(Ord. 1719 § 1, 2010)
§ 18.74.260 Second or subsequent civil or criminal judgment.
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement.
(Ord. 1719 § 1, 2010)
§ 18.74.270 Unlawful interference.
It is unlawful for any person to obstruct, impede or interfere with any officer, agent or employee of the city or with any person who owns or holds any estate or interest in any premises, or any portion thereof, upon which there is a nuisance which has been ordered to be abated, or with any person to whom such premises have been lawfully sold pursuant to the provisions of this chapter, when any such officer, agency employee, purchaser or person having an interest or estate in such premises is engaged in abating a nuisance or immediate hazard thereon, or in performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant thereto.
(Ord. 1719 § 1, 2010)
§ 18.74.280 Removal of tax benefit.
If, after declaration of a public nuisance, the manager or his/her designee finds the subject property to contain substandard housing and this housing is generating revenue income, he/she may, within the time period and in the manner specified, pursuant to Section 24436.5 of the Revenue and Taxation Code, file a notice of noncompliance with the taxpayer and later with the State Franchise Tax Board in an effort to eliminate tax deductions.
(Ord. 1719 § 1, 2010)
§ 18.74.290 Code enforcement fees.
A.
There is imposed upon each person who receives a notice of violation, notice of correction, notice and order, demand letter, or letter of correction of any provision or ordinance codified in this code, adopted building codes, or state law, a reinspection fee, in such amounts as set forth from time to time by resolution of the city council, which may be addressed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner as directed by, and within the time and manner specified in the notice or letter.
B.
The fee shall not apply to the original inspection to document the violations and shall not apply to the first or second scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than six months, then the violation shall be deemed a continuation of the original case and all inspections or reinspection including the first inspection for the repeated offense shall be charged a reinspection fee.
C.
This fee is intended to compensate for administrative costs for unnecessary inspections, and not for enforcement of the law. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance. As used herein the term "administrative costs" is intended to include staff time involved in conducting inspections.
(Ord. 1719 § 1, 2010)
§ 18.74.300 Violation-Penalty.
Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city attorney or the district attorney, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue it shall be a new and separate violation.
(Ord. 1719 § 1, 2010)
§ 18.76.010 Initiation.
When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this title occur by reason of a strict interpretation of any of the provisions of this title, the planning commission upon its own motion may, or upon the verified application of any interested person shall, in specific cases, initiate proceedings for the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to assure that the spirit and purposes of this title will be observed, public safety and welfare secured, and substantial justice done.
(Ord. 1719 § 1, 2010)
§ 18.76.020 Variances not amendments.
All acts of the planning commission and city council under the provisions of this chapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title apply in special cases, as provided in this chapter, and shall not be construed as amendments to the provisions of this title or the zoning map specified in Section 18.06.020.
(Ord. 1719 § 1, 2010)
§ 18.76.030 Requirements.
Before a variance may be granted, all of the following findings shall be made:
A.
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity;
B.
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity in which the property is located;
C.
That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity;
D.
That the granting of such variance will not adversely affect the comprehensive general plan.
(Ord. 1719 § 1, 2010)
§ 18.76.040 Application-Contents.
Applications for variances shall be accompanied by the following information:
A.
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;
B.
A reference to the provisions of this title under which application is sought;
C.
A verified list of 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 most recent assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
§ 18.76.050 Application-Filing.
A.
Applications for variances shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to the provided thereon. No petition shall be received unless it complies with such requirements.
B.
Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.
(Ord. 1719 § 1, 2010)
§ 18.76.060 Investigation.
The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous variances.
(Ord. 1719 § 1, 2010)
§ 18.76.070 Public hearing-Scheduling-Notice.
Following the receipt in proper form of any such application, the secretary of the planning commission 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:
A.
By publishing once in a newspaper of general circulation in the city;
B.
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 the address of such owners as shown upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
§ 18.76.080 Public hearing-Conduct.
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in Section 18.76.070. The planning commission may establish its 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)
§ 18.76.090 Planning commission action-Exempt uses.
A.
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial.
B.
The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.
(Ord. 1719 § 1, 2010)
§ 18.76.100 Appeal.
A.
The granting, either with or without conditions, or the denial of such application by the planning commission shall be final unless within ten working days from the date of the decision of the planning commission the applicant, or any other person aggrieved, appeals there from in writing to the city clerk. Council members who desire to file any such appeal as a councilmember shall do so within six working days from the date of the decision of the planning commission. The city clerk, after the filing of such appeal, shall set a date for a public hearing; giving of notice and conduct of the hearing shall be the same as prescribed in this chapter for hearing by the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of the voting members of the city council.
B.
No permit or license shall be issued for any use involved in an application for a variance or conditional use permit until the same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.
(Ord. 1719 § 1, 2010)
§ 18.76.110 Term-Extension.
A.
If the use authorized by any variance is or has been unused, abandoned or discontinued for a period of one year, the variance shall become null and void and of no effect.
B.
The planning commission or the city council may, upon their own initiative or upon the request of the applicant, extend the use authorized by the variance for a period not to exceed one year. Such action shall be initiated prior to the original expiration date of the variance. This action shall be by administrative procedure and shall not require a public hearing. A maximum of one extension may be granted.
(Ord. 1719 § 1, 2010)
§ 18.76.120 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 occurring after the original grant of the variance permit which change in conditions makes the continuation of the variance incompatible with the general welfare of the surrounding neighborhood, a variance shall be suspended automatically.
B.
The planning commission shall hold a public hearing within forty days in accordance with the procedures prescribed in this chapter for appeals, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the variance or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Within fifteen days following the date of a decision of the planning commission revoking a variance, the secretary shall transmit to the city council written notice of the decision. The decision shall be final thirty days following the date on which the variance was revoked unless an appeal has been filed.
(Ord. 1719 § 1, 2010)
§ 18.78.010 Amendments generally.
A.
Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, the city council or the planning commission upon its own motion may, or upon the verified application of any interested person shall, initiate proceedings to amend, supplement or change the zones, regulations or districts established by this title.
B.
With the exception of amendments changing property from one zone to another, or changing the boundary of any zone, amendments may be made in the same manner as the zoning ordinance from which this title derives was adopted.
(Ord. 1719 § 1, 2010)
§ 18.78.020 Application.
A.
Applications for changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.
B.
Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.
(Ord. 1719 § 1, 2010)
§ 18.78.030 Investigation.
The planning commission shall cause to be made, by its own members or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendments or variances.
(Ord. 1719 § 1, 2010)
§ 18.78.040 Public hearing-Scheduling-Notice.
Following the receipt in proper form of any such application, the secretary of the planning commission 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:
A.
By publishing once in a newspaper of general circulation in the city;
B.
By mailing a notice, postage prepaid, to the applicant, 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 the address of such owners as shown upon the last assessment roll of the city or county.
(Ord. 1719 § 1, 2010)
§ 18.78.050 Public hearing-Conduct.
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in Section 18.78.040. The planning commission may establish its 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)
§ 18.78.060 Approval or denial.
A.
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial. The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.
B.
Within ten days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendations together with the complete records of the case shall be delivered to the city council. The city council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as prescribed for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not less than a majority of the members of the city council. No permit or license shall be issued for any use involved in an application for a change of zone until the same has become final by the adoption of an ordinance.
(Ord. 1719 § 1, 2010)
§ 18.78.070 Annexations.
A.
In any petition for the annexation of property to the city, the petitioner may request in his/her petition how he/she desires the property to be zoned, provided that the property is annexed to the city.
B.
The planning commission may give notice of its intention to consider the petition for annexation and for zoning the property in accordance with provisions of state law. Such notice shall be given as may be required by law from time to time for zoning and annexation.
C.
If no zoning is approved in connection with the petition for annexation, all property annexed to the city shall, upon annexation, be automatically zoned R-1a single-unit dwelling zone only, unless such annexation has been prezoned, in which case the prezoning shall become effective.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)
§ 18.78.080 Prezoning.
The method of accomplishing prezoning of unincorporated territory shall be as provided by this chapter for amendments and changes of zone, except that publication of notice, and all ministerial and other acts required by state law, shall comply with such state law. Such zoning shall become effective in accordance with state law.
(Ord. 1719 § 1, 2010)
§ 18.80.010 Purpose - Applicability.
A.
The purpose of this chapter is to establish how the state density bonus law, as set forth in California Government Code Section 65915 et seq. ("Density Bonus Law"), will be implemented and to promote the construction of affordable housing within the city.
B.
This chapter shall apply to any housing development that is entitled to receive a density bonus pursuant to the Density Bonus Law.
Ord. 1853, 12/18/2023
§ 18.80.020 Definitions
The definitions found in the Density Bonus Law shall apply to the terms contained in this chapter. See Chapter 18.04, Definitions, for additional definitions.
Ord. 1853, 12/18/2023
§ 18.80.030 Density bonus, concessions or incentives, waivers, and parking standards.
The city shall provide density bonuses, concessions or incentives, waivers or reductions of development standards, and parking ratios in accordance with the requirements of the Density Bonus Law, as the same may be amended from time to time. In the event of any conflict between this chapter and the Density Bonus Law, the Density Bonus Law shall prevail.
Ord. 1853, 12/18/2023
§ 18.80.040 Density bonus calculations and requirements.)
A.
In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
B.
When calculating the number of affordable units needed for a given density bonus, any fractions of affordable units shall be rounded up to the next whole number.
C.
The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to the Density Bonus Law.
D.
The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.
E.
Nothing prohibits the city from granting a density bonus greater than what is described in the Density Bonus Law for a development that meets the requirements of the Density Bonus Law or from granting a proportionately lower density bonus than what is required by the Density Bonus Law for developments that do not meet the requirements of the Density Bonus Law.
Ord. 1853, 12/18/2023
§ 18.80.050 Application.
A.
Applicable Submittal. An affordable housing application for a density bonus, including any incentive, concession, waiver and/or reduction, shall be filed with the department concurrently with an application for a housing development.
B.
Application Contents. An application shall be accompanied by the following:
1.
Site plan showing the total number of units, number and location of affordable dwelling units and location of proposed density bonus units. The plan must also include a breakdown of the units (e.g., unit sizes, number of bedrooms and baths, the amount of private or common open space dedicated to the units, and the total number of parking spaces).
2.
Summary table showing the greatest number of units permitted by the zoning or general plan excluding any density bonus units, number of proposed affordable units by income level, proposed density bonus percentage, number of bonus units proposed, and total number of units.
3.
Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability.
4.
A description of all dwelling units existing on site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size, if known, of all residents of currently occupied units. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size, if known, of residents occupying dwelling units when the site contained the maximum number of dwelling units.
5.
Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or low-income households in the five-year period preceding the date of the submittal of the application.
6.
Description of any requested incentive(s) or concession(s) that result in identifiable and actual cost reductions to provide for the affordable housing, including written documentation evidencing the need for such incentive(s) or concession(s).
7.
Description of any requested waiver(s) and/or reduction(s) of development standards that would have the effect of physically precluding the construction of the housing development at the permitted densities or with the concession(s) or incentive(s) permitted by the Density Bonus Law.
8.
Description of requested parking ratios.
C.
The department will process the application concurrently with any other applications required for the housing development. Staff shall review the application for completeness and will notify the applicant whether the application is complete in accordance with the provisions of applicable law.
D.
If a proposed housing development would be inconsistent with this title or the Density Bonus Law, the city shall provide the applicant notice of such inconsistency in accordance with the Housing Accountability Act, California Government Code Section 65589.5.
E.
A density bonus application shall be approved or denied in conjunction with the housing development application by the approving body within the timeframes required for approval of such development.
Ord. 1853, 12/18/2023
§ 18.80.060 Requirements.
A.
The applicant for a density bonus shall enter into a regulatory agreement with the city in a form to be approved by the city attorney and said agreement shall be recorded against the property. The regulatory agreement shall be approved by the approving body. If an appeal is taken of the project, then the regulatory agreement shall be approved by the decision-maker on appeal.
B.
The applicant shall be required to pay the city's costs for any third-party consultants required to assist the city in drafting a regulatory agreement, developing guidelines, verifying the eligibility of owners or tenants of the affordable units, or any other matter relating to the density bonus.
C.
The required affordable units shall be constructed concurrently with the market-rate units unless both the approving body and the developer agree within the regulatory agreement to an alternate schedule for development.
D.
The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units.
1.
The affordable units shall be similar in size and number of bedrooms to the market rate units. If the development project includes a range of unit sizes, then the affordable units shall provide a range of unit sizes in proportion to the market rate units.
2.
If the project includes a subdivision, the lots with affordable units shall be of similar size to the lots with market rate units. If the development project includes a range of lot sizes, the lots with affordable units shall be no smaller than the smallest lots with market rate units.
E.
The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent or at affordable ownership cost specified by California Health and Safety Code Section 50052.5 and California Code of Regulations Title 25, Sections 6910 - 6924, as the same may be amended from time to time. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.
F.
If the development project is for units that will be sold, then the affordable dwelling units shall also be for-sale units. The regulatory agreement may make provisions for rental of the units for the same level of affordability that qualified the applicant for the density bonus if the unit is not sold within a period of time specified in the agreement.
G.
Affordable units shall be dispersed throughout the housing development rather than clustered in a single area or a few areas. Location of affordable units within a housing development shall be specified in the regulatory agreement.
Ord. 1853, 12/18/2023
§ 18.80.070 Appeals.
Any appeal relating to density bonuses, incentives, concessions, or waivers/reductions of development standards shall be filed and processed in accordance with the requirements set forth in La Habra Municipal Code Section 18.66.080.
Ord. 1853, 12/18/2023
§ 18.82.010 Purpose.
The purpose of this chapter is to establish a citywide inclusionary housing program that provides requirements and procedures to develop housing that would be affordable to households of very low, low, or moderate incomes, meet the city's regional share of housing needs, and implement the goals and objectives of the general plan and housing element.
(Ord. 1833 § 3, 2021)
§ 18.82.020 Definitions.
See Chapter 18.04, Definitions.
(Ord. 1833 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.82.030 Provision of inclusionary housing units.
The provisions of this chapter shall apply to all residential development that will construct ten or more units. These applicable residential developments will be required to comply with this chapter and provide inclusionary housing units at an affordable housing cost.
(Ord. 1833 § 3, 2021)
§ 18.82.040 Exemptions.
This chapter shall not apply to any of the following:
A.
Projects that are not proposing residential units.
B.
Residential projects which are developed in accordance with the terms of a development agreement that was approved by the city prior to enactment of the ordinance codified in this chapter.
C.
Residential developments for which a planning permit has been formally submitted to the city and accepted by the city before July 1, 2021. Should the planning permit for an approved residential project expire or be revoked by the city, the requirements of this chapter shall then apply if a new planning permit is resubmitted for the residential project.
D.
The director of community and economic development may exempt a residential development from the requirements of this chapter if applicable federal, state or local laws are changed which result in conflict with this chapter.
(Ord. 1833 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.82.050 Inclusionary housing requirements.
All residential development that will construct ten or more units will be required to comply with this chapter and provide inclusionary housing units. If inclusionary housing units are required, the following provisions shall apply:
A.
Either for-sale or rental inclusionary housing units may be provided, subject to the following affordability requirements for each unit type.
1.
If the applicant chooses to provide for-sale inclusionary housing units, fifteen percent of the total number of dwelling units proposed with the residential development can be made available for purchase to those households earning no more than one hundred ten percent of the area median income.
2.
If the applicant chooses to provide rental inclusionary housing units, nine percent of the total number of dwelling units proposed with the residential development can be made available for rent to moderate income households, or six percent of the total number of dwelling units for rent to very low and low income households.
3.
If both for-sale and rental units are being provided, the for-sale units shall comply with those provisions described in subsection (A)(1) above. The rental units shall comply with those provisions described in subsection (A)(2) above.
B.
In calculating the required total number of inclusionary housing units, all fractional units shall be rounded up to the next higher whole number.
C.
If an applicant owns or controls contiguous properties, the applicant shall not avoid the requirements of this chapter by submitting piecemeal planning permit applications. The first planning permit application for the residential development shall identify all contiguous properties under common ownership and control, as applicable.
(Ord. 1833 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.82.060 Timing of construction of inclusionary housing units.
The applicant's inclusionary housing plan shall indicate the scheduling and phasing for construction of the required inclusionary housing units. The city shall review the proposed construction scheduling and phasing with its review and approval of the inclusionary housing plan. The latest that any inclusionary housing unit could be built, however, would be prior to issuance of the last certificate of occupancy for the overall residential development project.
(Ord. 1833 § 3, 2021)
§ 18.82.070 Design of inclusionary housing units.
A.
The inclusionary housing units shall be constructed similarly as the market rate units that would be built with the overall residential project. The inclusionary housing units and market rate units shall have consistent exterior and interior design features, construction materials, furniture, and all other similar improvements. In addition, inclusionary housing units shall have access to common open space and facilities, and all other amenities as the market rate units.
(Ord. 1833 § 3, 2021)
§ 18.82.080 Applicant options for providing inclusionary housing units.
To comply with the city's inclusionary housing requirements, applicants may construct their required inclusionary housing units either on-site within the overall proposed residential project site; or off-site on other dedicated property; or pay in-lieu fees, or reconstruct other existing residential units, subject to the following provisions:
A.
Applicants may construct their required inclusionary housing units on-site within the residential project.
B.
Applicants may construct their required inclusionary housing units off-site. If construction of the required inclusionary housing units occurs off-site, the applicant must also acquire and manage the off-site property.
C.
Applicants may pay In-lieu fees. The in-lieu fee shall be charged at an amount equivalent to six dollars and fifty cents per square foot of building space for the project's total floor area. All in-lieu fees shall be paid prior to the last certificate of occupancy that is issued for the overall proposed residential development.
D.
Applicants may acquire and reconstruct existing units, subject to the following provisions. These types of units can be acquired by the applicant, then reconstructed in accordance with city building procedures and requirements, then converted to affordable inclusionary housing units.
1.
If the existing units are occupied, the applicant shall assume the costs for noticing, relocating the existing residents, and complying with all state and county requirements related to relocation.
2.
The existing residential units cannot be a nonconforming use.
3.
The reconstructed units shall comply with all current applicable Building and Housing Codes and requirements.
4.
A physical needs assessment shall be prepared and submitted to the city. The assessment shall evaluate each existing unit to be acquired and reconstructed, the property upon which it is located, any associated common area, and describe all existing structures and properties that need repair, replacement and/or maintenance.
5.
If existing units are owner-occupied, then the reconstructed inclusionary housing unit shall continue to be owner-occupied. If the existing units are rentals, the applicant may choose to have the inclusionary housing unit be either renter or owner-occupied.
6.
The bedroom count of the reconstructed units shall be the same as the required bedroom count that would be required for the inclusionary housing unit.
E.
Applicants may choose any combination of the options described in subsections A through D above to comply with the provisions of this chapter. Should an applicant choose to select a combination of options, the city shall review these proposals on a project-by-project basis to ensure that the required number of inclusionary housing units are ultimately provided.
F.
Applicants, at a minimum, shall provide the following information, regardless if the required inclusionary housing units are constructed on- or off-site:
1.
The project site is consistent with the city's general plan and zoning designations, maximum residential density standards, and other relevant development and design requirements.
2.
The project site is suitable for development of the inclusionary housing units in terms of configuration, physical characteristics, location, access, adjacent uses, and other relevant development and design requirements.
3.
Sufficient infrastructure is available and neighboring streets must be accessible at the property line and have adequate capacity.
4.
There are no environmental or geological hazards at the project site.
5.
Schedules for acquiring property or existing residential units, construction activities, and final inspections shall be provided.
6.
Inclusionary housing units shall not be eligible for credits or transfers.
G.
The city shall establish an inclusionary housing in-lieu fee fund where all acquired in-lieu fees shall be deposited. Said fee fund shall be approved by city resolution. Deposited fees shall be used by the city to enter into joint venture agreements with developers to construct the required inclusionary housing units.
H.
To be considered as the city's selected inclusionary housing developer, all potential developers shall submit pro-formas, construction schedules, financial documentation, administration costs, and other related information to the city. The city shall review and consider this material in selecting the inclusionary housing developer.
I.
All on-site or off-site inclusionary housing units, regardless if the units are for-sale or rental, shall be subject to the design standards, requirements, and procedures described in this chapter.
J.
Inclusionary housing units, regardless if the units are for-sale or rental, shall be within a newly established homeowner's association or incorporated into an existing homeowner's association. If the inclusionary housing units are constructed on-site, as part of the larger residential development, said inclusionary housing units must be included within the newly established homeowner's association. If said inclusionary housing units are constructed off-site, these units must either be within a newly established homeowner's association or be incorporated into an existing homeowner's association that may have been established with the existing off-site property.
(Ord. 1833 § 3, 2021)
§ 18.82.090 Affordable housing agreement.
Applicants that are required to provide inclusionary housing units, in accordance with the provisions of this chapter, shall prepare an affordable housing agreement that describes the design and location of the inclusionary housing units and their affordability requirements. The following describes those plans that shall be included in the affordable housing agreement and how the affordable housing agreement will be approved by the city.
A.
Plans Included in the Affordable Housing Agreement.
1.
Affordable Housing Plan. These plans shall show the location of the inclusionary housing units within the overall residential project site.
2.
Inclusionary Housing Plan. These plans shall describe the inclusionary housing units that will be provided, as follows:
a.
Will the inclusionary housing units be for-sale or rental.
b.
How will the inclusionary housing requirements be satisfied pursuant to this chapter.
c.
The number of inclusionary housing units that are required and will be provided, unit types, number of bedrooms and baths, unit size, design features and amenities, etc.
d.
Anticipated construction activities, phasing, and completion schedule.
e.
How will the inclusionary housing units be marketed.
f.
How will tenant incomes be verified for rental inclusionary units (if applicable).
g.
Provide a financing program for the ongoing administration and monitoring of rental inclusionary units.
h.
How will the affordability of the inclusionary housing units be maintained.
i.
Any other information that is necessary to evaluate the compliance of the affordability of the inclusionary housing units with the provisions of this chapter and the city's affordable housing agreement requirements.
3.
Affordable Housing Covenants. These covenants shall ensure the continued affordability of inclusionary housing units in the overall residential development.
a.
Affordable housing covenants shall include the following, as applicable: inclusionary housing and regulatory terms, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other relevant financial and administration documents.
b.
Affordable housing covenants shall require that all inclusionary housing units remain affordable to the targeted income group for no less than the time periods set forth in California Health and Safety Code Sections 33413(c)(1) and (2). A longer term of affordability may be required if the residential development receives a subsidy of any type, including, but not limited to, loan, grant, mortgage financing, mortgage insurance, or rental subsidy, and whether the subsidy program requires a longer term of affordability.
B.
Approval of the Affordable Housing Agreement.
1.
For those residential developments that are required to provide inclusionary housing units, the affordable housing plan and inclusionary housing plan shall be reviewed as part of the overall residential development's Planning permit application.
2.
The affordable housing agreement, including the affordable housing plan, inclusionary housing plan, and affordable housing covenants shall be approved by city council resolution, prior to issuance of any building permit for the overall residential development.
3.
Upon submittal, the affordable housing administrator shall determine if the affordable housing agreement, including the affordable housing plan, inclusionary housing plan, and affordable housing covenants are complete and conform to the provisions of this chapter and city's housing requirements.
(Ord. 1833 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.82.100 Monitoring and enforcement.
All applicants shall either construct their required inclusionary housing units or pay appropriate in-lieu fees, prior to issuance of the last certificate of occupancy for the overall residential development project. To ensure that the constructed inclusionary housing units are properly maintained and have incorporated satisfactorily into the overall residential development project, the following provisions apply.
A.
When inclusionary housing units are for-sale, units shall be within a newly established homeowner's association or incorporated into an existing homeowner's association.
B.
The homeowner's association shall prepare and submit annual compliance reports to the city to ensure that the inclusionary housing units continue to comply with the affordable housing agreement, affordable housing plan, inclusionary housing plan, affordable housing covenants, and all other city requirements.
C.
City staff may conduct periodic inspections to also ensure compliance with the affordable housing agreement, affordable housing plan, inclusionary housing plan, affordable housing covenants, and all other city and zoning requirements.
D.
The city council may adopt fees to cover the costs for city inspections and monitoring. These fees shall be deposited into the inclusionary housing in-lieu fee fund.
E.
The city shall evaluate the effectiveness of this chapter every three years after the operative date of this chapter.
(Ord. 1833 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.82.110 Adjustments or waivers.
Adjustments and/or waivers from the provisions and requirements of this chapter may be considered by the city on a project-by-project basis. Adjustments and/or waivers of the following circumstances and conditions may be proposed by the applicant, subject to city approval. Procedures and requirements for city review and approval of any adjustment or waiver request are as set forth in this section.
A.
Circumstances and Conditions.
1.
An applicant may propose an alternative method of meeting the inclusionary housing requirements described in this chapter. The director may approve the recommended alternative if the director determines that the alternative will provide as much or more affordable housing units; the alternative will benefit the same or lower income levels; affordable units will be constructed of the same or superior design quality; and the alternative will provide greater public benefit.
2.
The requirements of this chapter may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there is no reasonable relationship between the impact of the proposed residential development and the requirements of this chapter, or that the requirements of this chapter will effect a taking of property in violation of federal or state laws.
B.
City Review and Approval of Adjustment and Waiver Requests.
1.
Any request for a waiver or adjustment shall be submitted to the city concurrently with the planning application(s), affordable housing plan or inclusionary housing plan for the particular residential development.
2.
The applicant is responsible for presenting substantial evidence to support the requested waiver or adjustment.
3.
The director may exempt a residential development from the requirements of this chapter or approve any adjustment or waiver request if the applicant provides substantial evidence to support said exemptions or requests, and if applicable federal, state or local laws are changed which conflict with this chapter.
(Ord. 1833 § 3, 2021; Ord. 1853, 12/18/2023)
§ 18.84.010 Purpose and applicability.
A.
Purpose. The purpose of this chapter is to establish a streamlined ministerial procedure for the review and approval of eligible multi-unit residential and mixed-use development on infill sites that provide a minimum number of lower income housing units in accordance with California Government Code Section 65913.4.
B.
Applicability. This chapter shall apply to eligible projects as defined in California Government Code Section 65913.4.
2.
In the event of any conflict between the provisions of this chapter and the Streamlined Ministerial Approval Process Guidelines adopted by the Department of Housing and Community Development (HCD) ("HCD guidelines"), the provisions of the HCD guidelines shall prevail.
3.
Notwithstanding the provisions of this chapter and Chapter 18.80 (Density Bonus and Other Affordable Housing Incentives) of this title, affordable housing units shall be reviewed in the same manner and concurrently with the ministerial review under this chapter.
4.
In compliance with Section 300(f) of HCD guidelines, the city shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, or rent levels other than what is defined in the HCD guidelines for very-low income, lower-income, and moderate-income, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined processing.
(Ord. 1855, 12/18/2023)
§ 18.84.020 Definitions.
The definitions found in the HCD guidelines shall apply to the terms contained in this chapter. See Chapter 18.04, Definitions, for additional definitions.
(Ord. 1855, 12/18/2023)
§ 18.84.030 Development eligibility.
A multi-unit residential or a mixed-use development that satisfies the eligibility requirements set forth in California Government Code Section 65913.4 shall be eligible for the streamlined, ministerial approval process.
(Ord. 1855, 12/18/2023)
§ 18.84.040 Required standards.
An eligible multi-unit residential and mixed-use development shall comply with the following provisions:
A.
La Habra General Plan. Eligible projects shall be consistent with the La Habra General Plan.
B.
La Habra Municipal Code. Eligible projects shall comply with all objective zoning and/or specific plan development standards as those standards as required by the base zone and subdivision requirements as established in the La Habra Municipal Code.
C.
Objective Design Review Standards. All eligible multi-unit residential and mixed-use projects shall comply with the objective design review standards set forth in Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) of this title.
D.
Parking. One parking space shall be provided per unit, unless the development meets any of the criteria set forth in California Government Code Section 65913.4(e)(1) or Section 300(e)(1) of the HCD guidelines, as the same may be amended from time to time.
(Ord. 1855, 12/18/2023)
§ 18.84.050 Ministerial procedures.
A.
Notice of Intent (NOI) to submit and determination of qualification. Before submitting an application for the streamlined, ministerial approval process, the applicant shall submit a notice of intent in the form of a preliminary application that includes all of the information described in California Government Code Section 65941.1 and provide all information specified on the city's ministerial review development checklist.
B.
Scoping Consultation. Upon receipt of a complete NOI, the director or designee shall engage in the tribal consultation process outlined in California Government Code Section 65913.4(b). After concluding the tribal consultation process, the city shall notify the applicant whether an application may be submitted for the proposed development in accordance with California Government Code Section 65913.4(b).
C.
Ministerial Review.
1.
Director Review. The director or designee shall review the application and determine if the project is consistent with the standards specified under Section 18.84.040 of this chapter. The director's review shall be completed within sixty days of submittal of an application pursuant to this chapter if the development contains one hundred fifty or fewer housing units or within ninety days of submittal of an application pursuant to this chapter if the development contains more than one hundred fifty housing units.
a.
If the director determines that the development is in conflict with any of the standards set forth in Section 18.84.040 of this chapter, the director shall provide the applicant written documentation in support of the director's denial identifying with specificity the standard or standards the development conflicts with, and an explanation of the reason or reasons the development conflicts with the standard or standards, within the timeframes required by this section. If the application can be brought into compliance with minor changes to the proposal, the city, in lieu of making the foregoing detailed findings, will allow the applicant to correct any deficiencies within the timeframes required by this section.
b.
If the city provides written comments regarding any conflicts with the standards specified under Section 18.84.040 of this chapter, then the sixty- or ninety-day timeline will restart upon the applicant's submittal of a revised development application in response to such written notice.
c.
If the city fails to provide the required documentation determining consistency within the timeframes required by this section, the development shall be deemed to satisfy the city's objective planning standards and shall be deemed consistent.
d.
The director's determination shall be forwarded to the planning commission for consideration as part of the ministerial design review/public oversight process as provided for in subsection C.2, below, under California Government Code Section 65913.4(d).
2.
Planning Commission Design Review/Public Oversight. The planning commission, at a public meeting, shall undertake ministerial design review and public oversight as authorized by California Government Code Section 65913.4(d).
a.
The planning commission's review shall include review of the director's determination as outlined in subsection C.1 above. Such review shall comply with California Government Code Section 65913.4.
b.
The planning commission's review and a final determination on whether an application complies with the criteria under California Government Code Section 65913.4 shall be completed within ninety days for projects with one hundred fifty or fewer units and within one hundred eighty days for projects with more than one hundred fifty units, measured from the date of the application submittal. Notwithstanding the foregoing, if the planning commission determines that a proposed development is in conflict with any of the city's objective standards, it shall provide the applicant written documentation of which objective standard or standards the development conflicts with, and an explanation of the reason or reasons the development conflicts with that objective standard or standards in accordance with the timelines set forth in subsection C.1 above.
c.
In accordance with California Government Code Section 65913.4, the planning commission's review shall not in any way inhibit, chill, or preclude the ministerial approval of the project if it is in compliance with the criteria specified in California Government Code Section 65913.4. Written notice of the planning commission's decision shall be provided to the applicant.
d.
If the planning commission does not complete the design review within the timelines set forth in this section, the project shall be deemed consistent with the objective design standards.
D.
Issuance of Subsequent Permits. Once a project is approved pursuant to this chapter, the applicant shall obtain all required subsequent permits, as defined in the HCD guidelines. The city shall process applications for such permits and issue such permits in accordance with the HCD guidelines.
E.
Modifications, Expiration and Extensions.
1.
Modifications. Proposed modifications to projects approved pursuant to this chapter shall be reviewed and approved in accordance with the provisions of California Government Code Section 65913.4 and the HCD guidelines.
(Ord. 1855, 12/18/2023)