La Habra, CA Zoning Ordinance

La Habra City Zoning Code

ARTICLE IV

Administrative

Note: Former Ch. 18.74 Neighborhood Preservation, Code Enforcement and Abatement, derived from Ord. 1719; Ord. 1727; Ord. 1852; and Ord. 1853; was repealed by Ord. CC 2026-01, 4/6/2026.

§ 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:

"Applicant"

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.

"Application date"

means that date on which the completed application for conversion was received by the city.

"Association"

means the organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a condominium conversion project.

"Capital improvement fund"

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.

"Community apartment project"

means a project in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located therein.

"Condominium"

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.

"Conversion"

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.

"Organizational documents"

means the declaration of restrictions, articles of incorporation and bylaws of the association.

"Stock cooperative"

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.

"Tenant"

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.

An application for a conditional use permit for a conversion shall be filed with the director of planning per Chapter 18.66 and shall include site plans, floor plans and architectural plans per Section 18.68.030.

The applicant shall also submit the following:

A description of all common areas, facilities and amenities which are to be provided for the enjoyment and use of unit owners;

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;

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;

A structural pest report prepared by a licensed structural pest control operator indicating the presence or absence of wood-destroying pests or organisms;

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;

The proposed organizational documents for the project;

Application for a variance from any of the requirements of this code with which the applicant feels he/she cannot reasonably comply;

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;

Such other information as may be deemed necessary by the director of community development.

(Ord. 1719 § 1, 2010; Ord. CC 2026-01, 4/6/2026)

§ 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.

The application shall be processed pursuant to Chapter 18.66, except that all occupants of the complex shall be notified in the same manner as described in Section 18.66.050.

(Ord. 1719 § 1, 2010)

§ 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:

Parking. See Chapter 18.14.

Minimum lot area per dwelling unit shall be equal to or greater than applicable to the zone in which the proposed conversion is located.

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).

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.

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.

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.

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.

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.

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.

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)

§ 18.65.010 Generally.

The purpose of this chapter is to establish clear and consistent procedures for the application, review, and approval of special events within the city of La Habra. It is the intent of this chapter to protect the health, safety, and welfare of participants and the general public, minimize disruptions to pedestrian and vehicular traffic, public services, and residential and business activities, and ensure adequate provision for public safety, sanitation, and emergency services.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.020 Applicability and exemptions.

The regulations set forth in this chapter shall apply to the granting of special event permits. No person shall conduct, operate, organize, or promote any special event within the city of La Habra without first obtaining a special event permit in accordance with the provisions of this chapter, unless exempt as set forth herein.

Seasonal commercial sales are subject to the requirements of this chapter and the requirements set forth in Section 5.04.610 of this code. In the event of any conflict between this chapter and the requirements of Section 5.04.610, the requirements of Section 5.04.610 shall prevail.

Exemptions. The following activities are exempt from the requirements of this chapter, provided they do not involve the closure of public streets and comply with all other applicable city, state, and federal laws and regulations:

Events conducted entirely within an enclosed building or facility, which are part of the normal and customary operations of the property.

Gatherings on private property that do not involve amplified sound audible beyond the property line, temporary structures, or the sale of goods/services to the public, and are not visible from the public right-of-way.

Garage sales or yard sales conducted in accordance with all applicable provisions of this code.

Activities or events sponsored, held, or conducted by or on behalf of, or in coordination with, the city.

Funeral processions conducted by a licensed mortuary or funeral home.

Free speech activities protected by the First Amendment.

Activities or events held or conducted by a public or private elementary or secondary school that is legally operated in the city, provided that the activity or event is conducted on property owned, used, or leased by the entity or its sponsor and is for the benefit of the entity that owns the property on which the activity takes place.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.030 Number of special events allowed.

Except as set forth below, no property may have more than twelve total special events per calendar year with a minimum of thirty days between each event, unless otherwise approved by the planning commission through the approval of a conditional use permit.

Special events involving outdoor sales of goods or services shall be limited to a maximum of four special events per calendar year with a minimum of thirty days between each event, unless otherwise approved by the planning commission through the approval of a conditional use permit.

Seasonal commercial sales shall be governed by Section 5.04.610 of this code and shall not be subject to the limitations set forth in this section.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.040 Approval authority.

Small Special Event Permits. The director is the approval authority for small special event permits.

Large Special Event Permits. The planning commission is the approval authority for large special event permits.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.050 Application.

An application for a special event permit shall made on the forms furnished by the city and be filed by the owner, lessee or other person having the right to the possession of the land for which the permit is sought. An application for a special event permit shall be accompanied by the following:

Name, address, and contact information of the applicant and event organizer.

Name, address, and contact information of the property owner(s), along with written consent from the owner(s).

A detailed description of the special event, including its purpose, estimated number of attendees, hours of operation (including set-up and tear-down), and proposed dates.

A site plan or route map, drawn to scale, showing:

Location of all existing structures.

Location of all proposed temporary structures, including, but not limited to, tents, stages, booths, fences, portable restrooms, and generators.

Entrances and exits.

Parking areas and access routes.

Emergency vehicle access.

Location of food/beverage service areas, including cooking areas.

Location of waste receptacles and recycling bins.

For parades or races, the proposed route, including start/end points, assembly/dispersal areas, and road closures.

A security plan, including arrangements for crowd control, emergency medical services, and private security personnel, if the organizer anticipates using private security for the special event.

If the proposed event involves any street closures, detours, and/or parking restrictions, a traffic control plan must be prepared and submitted by a California Licensed Traffic Engineer (T.E.) or Professional Engineer (P.E.). The traffic control plan must include the T.E. or P.E. stamp as well as signatures on all pages of the plan.

If the proposed event involves food service, requires the closure of one or more streets, or anticipates more than two hundred fifty attendees, a sanitation plan, including provisions for restrooms, waste disposal, and cleanup.

If the proposed event will include any business activity or sales, proof of valid business license.

Copies of any required permits or releases from other agencies, including but not limited to, Orange County Health Care Agency for food service and Department of Alcoholic Beverage Control for alcohol sales.

A description of any amplified sound, including proposed hours and decibel levels. All amplified noise shall comply with the requirements of Chapter 9.32 of this code.

A list of any proposed temporary signs or banners. Temporary signs are subject to the requirements set forth in Chapter 18.23 (Sign Standards) of this code.

A copy of the Certificate of Fire Retardation for all canopies/tents and a diagram of their layout, if applicable.

A plan for compliance with Americans with Disabilities Act (ADA) requirements.

An indemnification agreement in a form approved by the city attorney signed by the applicant and property owner.

Proof of the applicant's ability to meet the insurance requirements set forth in this chapter.

Any other information deemed necessary by the city to evaluate the application.

For a large special event, 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. CC 2025-14, 11/3/2025)

§ 18.65.060 Filing fees.

The applicant for a special event permit shall pay a filing fee in the amount established by resolution of the city council.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.070 Timing of application.

An application for a small special event permit shall be submitted at least forty-five calendar days prior to the desired event date, unless the director approves the submission of an application less than forty-five days prior to the desired event date.

An application for a large special event permit shall be submitted at least ninety calendar days prior to the desired event date, unless the director approves the submission of an application less than ninety days prior to the desired event date.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.080 Application-Investigation and findings.

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.

In order to approve a special event permit, the following findings must be made by the approval authority:

The proposed site is adequate in size and shape to accommodate such special event without material detriment to the use or enjoyment of the property of other persons located in the vicinity of the site;

Sufficient off-street parking spaces, which may include off-site locations, shuttles, or valet parking, are provided;

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such special event will or could reasonably generate;

The proposed activity will not interfere with any other special event for which a permit has already been approved or with the provision of city services in support of other scheduled activities;

The use or event will comply with all applicable provisions of local, state and federal laws and regulations;

The proposed activity will not be detrimental to the public peace, health, safety or welfare; and

None of the grounds set forth in Section 18.65.090 exist.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.090 Grounds for denial.

An application for a special event permit shall be denied if any of the following grounds exist:

The information contained in the application or supplemental information requested from the applicant is found to be materially false, or such information is incomplete;

The applicant or the person or entity on whose behalf the application for the permit was made has failed to conduct a previously authorized activity in accordance with the law or the terms of the permit, or both;

The applicant or the person or entity on whose behalf the application for the permit was made has outstanding and unpaid debts to the city;

The applicant fails to complete the indemnification and hold harmless requirements prescribed by this chapter;

Where conditions of a previous special event permit issued to the applicant were violated, or where any city ordinance, rule or regulation was violated within the past twenty-four months; or

If any of the findings set forth in Section 18.65.080 cannot be made.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.100 Conditions.

In approving a special event permit, 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 mitigate any potential adverse effects from the special event.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.110 Insurance.

A permittee for a special event on public property shall obtain, furnish proof of, and maintain, at their sole cost and expense, a policy of insurance issued by an insurance company authorized to do business in the state of California. The insurance policy shall be endorsed to name the city of La Habra and its elected and appointed boards, officers, agents, and employees as an additional insured, and shall provide that any other insurance maintained by the city of La Habra shall be in excess and not contributing with the insurance coverage provided to the city of La Habra under the permittee's policy. The minimum limits of liability shall conform to requirements established by the city's risk management division; provided, however, that in no case shall the minimum limits of liability be lower than two million dollars per occurrence for bodily injury, personal injury and property damage.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.120 Public hearing on a large special event permit-Scheduling.

Following the receipt in proper form of an application for a large special event permit, the secretary of the planning commission shall fix a time and place of public hearing thereon. Not less than ten calendar 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:

By publishing once in a newspaper of general circulation in the city;

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 2025-14, 11/3/2025)

§ 18.65.130 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 18.65.120 of this chapter. 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 2025-14, 11/3/2025)

§ 18.65.140 Action on application.

The director shall render his/her decision on an application for a small special event permit within ten business days of the city's receipt of an application that complies with the requirements of this chapter.

No later than the next regular meeting after the conclusion of the public hearing, the planning commission shall render its decision on an application for a large special event permit. The planning commission shall announce and record its actions by resolution, and such resolution shall recite the findings upon which the planning commission bases its decision.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.150 Revocation of permits.

The director may revoke or suspend, in whole or in part, a special event permit at any time if the director finds: (1) the activity constitutes a public nuisance or disturbs the peace; (2) the activity is injurious to the public peace, health, safety or welfare; (3) the activity is conducted contrary to the permit, permit conditions, any state or city law or rules and regulations adopted by the city council or the city manager, or director governing special events; (4) the permittee, or his, her, or its agent(s) or representatives, has willfully made false or misleading statements in the application or any other document required pursuant to this chapter.

Revocation or suspension shall become effective immediately upon delivery of a written notice to the person in immediate charge of the activity or portion thereof affected by such act. The notice of such revocation or suspension shall specify the reasons therefor. The director may, for good cause, cancel and make null and void any revocation or suspension action, or written notice ordering the same, but in all cases he or she shall promptly take such steps as are necessary to inform appropriate city officials of the action taken, and of the reason or reasons therefor.

Upon revocation or suspension of a special event permit, the permittee and any parties under the permittee's control shall immediately cease operation of the activities subject to revocation or suspension. In the event that the permit is suspended, the permittee may resume operation once the suspension period has expired or canceled.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.160 Appeals.

A decision of the director regarding an application for a small special event permit may be appealed in writing to the city manager within ten calendar days of the director's decision. The appeal shall specify the decision being appealed and include the reasons for the appeal, along with any supporting evidence. The city manager shall render a written decision on the appeal within ten calendar days of the city's receipt of the appeal. The city manager's decision is final.

A decision of the planning commission regarding an application for a large special event permit may be appealed in writing to the city council by presenting such appeal to the city clerk within ten calendar days of the planning commission's decision. The appeal shall specify the decision being appealed and include the reasons for the appeal, along with any supporting evidence, and shall be accompanied by the appeal fee in the amount established by the city council.

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.

The decision of the planning commission shall be affirmed unless reversed by a vote of not less than a majority of the voting members of the city council.

No special event permit shall be issued 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 manager or the city council.

(Ord. CC 2025-14, 11/3/2025)

§ 18.65.170 Violations and enforcement.

Any violation of this chapter is a misdemeanor and may also be enforced by an administrative citation pursuant to Chapter 1.20 of this code.

Each violation of this chapter shall be considered a separate offense.

The holding or conducting of any special event subject to the provisions of this chapter without a valid permit issued pursuant to the provisions of this chapter, unless expressly exempt hereunder, is hereby declared a public nuisance.

The remedies provided for the enforcement of this chapter are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive.

(Ord. CC 2025-14, 11/3/2025)

§ 18.66.010 Applicability.

The regulations set forth in this chapter shall apply to the granting of conditional use permits ("CUP") and minor conditional use permits ("MCUP").

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.

An MCUP shall not be used if any environmental review other than a categorical or statutory exemption is applicable.

Any use which is distinguished or characterized by matter depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" shall be exempt from the provisions of this chapter and shall instead be subject to the provisions of Chapter 18.56 et seq. of this code.

(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 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;

A description of operations for the proposed use;

A reference to the provisions of this title under which application is sought; and

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.

In order to grant a CUP or MCUP, the following findings must be made by the approval authority:

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.

The subject site is physically suitable for the type of land use being proposed.

The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this title.

The proposed use is consistent with the comprehensive general plan.

(Ord. CC 2025-03, 6/16/2025)

§ 18.66.050 Approval authority.

Planning Commission. The planning commission is the approval authority for CUPs.

Director. The director is the approval authority for MCUPs.

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.

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.

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.

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:

By publishing once in a newspaper of general circulation in the city;

(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.

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.

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:

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

A certificate of occupancy is issued; or

The site is occupied and being operated in accordance with the permit and conditions of approval; or

An extension has been granted in accordance with this section; or

As may otherwise be specified in the original approval.

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:

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Terminations Initiated by City Staff.

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.

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.

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.

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.

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.

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:

All the applicable fees as established in the City of La Habra Master Schedule of Fees.

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:

Location and design of all off-street parking and circulation areas;

Location of the points of ingress and egress for pedestrians and vehicles;

Location and nature of reflective devices (lighting);

Location of landscape areas;

Location and design of all trash storage areas and related screen walls;

Location of all public utilities installations including: poles, transformers, vaults and meters;

Location of all external mechanical equipment;

Location, height and materials of all walls and fences;

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.

Material board.

Color Elevations. One printed set and one digital set of all building elevations fully rendered in color.

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.

Sign Plan. One printed set and one digital set of plans showing the design, colors and location of all signs.

Landscape Plan. One printed set and one digital set of a conceptual landscape plan which show all the proposed landscape areas and materials.

A complete description and operational characteristics of the proposed project.

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).

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.

Developments that result in the employment of two hundred fifty employees or more shall submit a transportation demand management plan (TDM) per the requirements of Chapter 18.20 of this title.

(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:

By publishing once in a newspaper of general circulation in the city; and

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.

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.

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:

The proposed project is consistent with the city's general plan.

The proposed project is consistent with the city's zoning ordinance.

The proposed project is in the best interests of the public health, safety, and welfare of the community.

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.

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.

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.

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.

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.

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 community and economic development department 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; Ord. CC 2026-01, 4/6/2026)

§ 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 title shall be null and void.

(Ord. 1719 § 1, 2010; Ord. CC 2026-01, 4/6/2026)

§ 18.72.030 Violation-Nuisance.

Any building or structure erected or maintained, or any use of property contrary to this title is unlawful and a public nuisance and the city attorney may immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and may take such other steps, and may 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; Ord. CC 2026-01, 4/6/2026)

§ 18.72.040 Violation-Injunction.

This title may also be enforced by injunction issued by 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; Ord. CC 2026-01, 4/6/2026)

§ 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:

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;

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;

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;

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 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;

A reference to the provisions of this title under which application is sought;

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.

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.

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:

By publishing once in a newspaper of general circulation in the city;

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

By publishing once in a newspaper of general circulation in the city;

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.

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.

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.

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.

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.

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.

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.

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.)

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.

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.

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.

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.

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.

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.

Application Contents. An application shall be accompanied by the following:

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).

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.

Tenure (rental versus for-sale) of affordable units and proposal for ensuring affordability.

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.

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.

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).

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.

Description of requested parking ratios.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Projects that are not proposing residential units.

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.

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.

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:

Either for-sale or rental inclusionary housing units may be provided, subject to the following affordability requirements for each unit type.

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.

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.

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.

In calculating the required total number of inclusionary housing units, all fractional units shall be rounded up to the next higher whole number.

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.

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.

Applicants that are required to provide inclusionary housing units can apply those benefits that are described in Chapter 18.80 Affordable Housing Incentives, which allow density bonuses, parking reductions and other benefits for providing affordable housing 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:

Applicants may construct their required inclusionary housing units on-site within the residential project.

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.

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.

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.

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.

The existing residential units cannot be a nonconforming use.

The reconstructed units shall comply with all current applicable Building and Housing Codes and requirements.

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.

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.

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.

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.

Applicants, at a minimum, shall provide the following information, regardless if the required inclusionary housing units are constructed on- or off-site:

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.

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.

Sufficient infrastructure is available and neighboring streets must be accessible at the property line and have adequate capacity.

There are no environmental or geological hazards at the project site.

Schedules for acquiring property or existing residential units, construction activities, and final inspections shall be provided.

Inclusionary housing units shall not be eligible for credits or transfers.

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.

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.

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.

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.

Plans Included in the Affordable Housing Agreement.

Affordable Housing Plan. These plans shall show the location of the inclusionary housing units within the overall residential project site.

Inclusionary Housing Plan. These plans shall describe the inclusionary housing units that will be provided, as follows:

Will the inclusionary housing units be for-sale or rental.

How will the inclusionary housing requirements be satisfied pursuant to this chapter.

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.

Anticipated construction activities, phasing, and completion schedule.

How will the inclusionary housing units be marketed.

How will tenant incomes be verified for rental inclusionary units (if applicable).

Provide a financing program for the ongoing administration and monitoring of rental inclusionary units.

How will the affordability of the inclusionary housing units be maintained.

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.

Affordable Housing Covenants. These covenants shall ensure the continued affordability of inclusionary housing units in the overall residential development.

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.

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.

Approval of the Affordable Housing Agreement.

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.

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.

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.

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.

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.

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.

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.

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.

Circumstances and Conditions.

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.

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.

City Review and Approval of Adjustment and Waiver Requests.

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.

The applicant is responsible for presenting substantial evidence to support the requested waiver or adjustment.

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.

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.

Applicability. This chapter shall apply to eligible projects as defined in California Government Code Section 65913.4.

In the event of any conflict between the provisions of this chapter and the provisions of California Government Code Section 65913.4, the provisions of California Government Code Section 65913.4 shall prevail.

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.

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.

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:

La Habra General Plan. Eligible projects shall be consistent with the La Habra General Plan.

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.

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.

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.

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.

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).

Ministerial Review.

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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.

Modifications, Expiration and Extensions.

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.

Expiration. Projects approved pursuant to this chapter shall remain valid in accordance with the provisions of California Government Code Section 65913.4 and the HCD guidelines.

Extensions. Projects approved pursuant to this chapter may be extended in accordance with the provisions of California Government Code Section 65913.4 and the HCD guidelines.

(Ord. 1855, 12/18/2023)