La Habra Heights City Zoning Code

Appeal. A decision of the Director shall become final at five p.m. on the eleventh business day next succeeding the date of the decision unless, prior to that hour, the applicant files an appeal to the City Manager. Decisions that are timely appealed shall not become effective until the appeal is resolved. A notice of appeal shall be in writing and shall be filed in duplicate in the office of the City Clerk upon forms provided by the City. An appeal must set forth specifically where there was an error or abuse of discretion or where an application did meet those qualifications or standards set forth in this Code as prerequisite to the granting of the application. If the applicant contends that one (1) or more specific adverse impacts can be satisfactorily mitigated or avoided, then the appeal must set forth in detail how such specific adverse impacts can be mitigated or avoided. The applicant shall have the burden of showing in all respects that the City must ministerially approve the application. The City Manager shall issue a written determination of an appeal within thirty (30) days of submittal of the appeal. The City Manager’s determination shall be final, and judicial review of the decision must be sought within the time prescribed by the California Code of Civil Procedure Section 1094.6.

Evidence that the applicant is an individual property owner.

If applicable, compliance with the consent and subordination requirements provided in subsection A of this section.

Proof that none of the circumstances set forth in Sections 7.22.060(F) (Historic Properties and Districts) and (G) (Impact on Protected Housing) are present.

A signed affidavit indicating that the applicant acknowledges and agrees that the lot will be used for residential purposes only.

Proof of any inspections required under Section 7.22.060(E).

Proof that the requirements of Section 7.22.070(E) (Demolition Cap) are satisfied.

If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three (3) years.

In accordance with Section 7.22.070(I), a signed acknowledgment stating the applicant understands that the City will not approve the application if all nonconforming zoning conditions are not corrected.

A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.

Very High Fire Hazard Severity Zone. For lots within a high fire hazard severity zone, the application does not include proof of an inspection by the City’s Building Official or other City designee confirming full compliance with Section 7.22.090 (Fire Hazard Mitigation) and all existing fire and building code standards.

Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s Building Official or other City designee confirming full compliance with applicable seismic protection building code standards.

Habitat for Protected Species. For lots that are undeveloped, or that contain undeveloped portions, and that are within two hundred (200) feet of any property zoned as Open Space – Conservation, if the application does not include a survey performed by a qualified biologist or similar professional showing that the lot does not contain habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Housing that is income-restricted for households of moderate, low, or very low income.

Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060 through 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last three (3) years.

A specific adverse impact includes, but is not limited to, the following:

The City Council may adopt, by resolution or ordinance, guidelines that set forth additional circumstances that create a rebuttable presumption that a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The total floor area of each unit that is developed under this section must be: (a) less than or equal to eight hundred (800) square feet and (b) more than five hundred (500) square feet.

A unit that was legally established on the lot prior to the two (2) unit project and that is larger than eight hundred (800) square feet in floor area is limited to the lawful floor area and structural footprint at the time of the two (2) unit project. The unit may not be expanded.

A unit that was legally established prior to the two (2) unit project and that is smaller than eight hundred (800) square feet in floor area may be expanded to eight hundred (800) square feet in floor area after or as part of the two (2) unit project.

Subject to subsections (F)(2) and (3) of this section, all setbacks must comply with the standards set forth in Chapter 7.11.

Only to the extent necessary to comply with Government Code Section 65852.21, no setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of up to two (2) units on the lot or that would result in a unit size of less than eight hundred (800) square feet in floor area, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of eight hundred (800) square feet in floor area. However, in no event may any unit be constructed without at least providing a four (4) foot setback from the side and rear lot lines.

Subject to subsection (G)(2) of this section, the two (2) unit project application must include an area dedicated for the future keeping of horses and other large animals. The area so dedicated must be large enough to accommodate a twenty (20) foot by twenty-four (24) foot corral with an adjacent space not smaller than twelve (12) feet by eight (8) feet for the storage of animal feed and other animal keeping supplies.

The area dedicated under subsection (G)(1) of this section may be reduced to the extent necessary to accommodate the construction of two (2) units on a lot or that would result in a unit size of less than eight hundred (800) square feet in floor area, in which case the reduction shall be only as necessary to enable construction of the unit or units at a maximum size of eight hundred (800) square feet in floor area.

Each dwelling unit on the lot must have its own direct utility connection to the utility service provider.

Each dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system, the applicant must: (a) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (b) submit a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

Notice that construction has been authorized;

The anticipated start and end dates for construction;

The hours of construction;

Contact information for the project manager (for construction-related complaints); and

Contact information for the Building and Safety Department.

Gives notice that the two (2) unit project was created pursuant to this Chapter.

Gives notice of any site limitations resulting from the two (2) unit project, including but not limited to restrictions on off-street parking, the size of units on the parcel and on the ability to obtain a standards modification for the parcel.

Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

Expressly prohibits any nonresidential use of the lot.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners’ primary residence and legal domicile.

Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.

The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.

The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.