Zoning Regulations

b. Crops, field, tree, bush, berry, and row including nursery stock. This subsection does not permit roadside stands, retail sale from the premises, or advertising signs or any nature.

c. Day care for children, family homes.

d. Homes of aged persons, foster family.

e. Homes for children, foster family.

f. Keeping of large animals listed in Section 9376 (a), for grazing purposes only. (Ord. #110, S9201)

9202. Zone R-A Accessory Uses. Property in Zone R-A may be used for the following accessory uses in conjunction with a lawfully established single-family residence.

a. Accessory buildings and structures customarily used in conjunction therewith.

b. Animal keeping and husbandry, with animals maintained or kept as pets or for personal non-commercial use as provided in Sections 9375 to 9377 of this article.

9203 LA HABRA HEIGHTS MUNICIPAL CODE

c. Storage of building materials, used in the construction of a building or building project, during the construction and thirty (30) days thereafter, including the contractor's temporary office provided that any lot or parcel of land so used shall be a part of the building project or on property adjoining the construction site.

d. Living quarters for temporary guests or servants of the occupants of the residence provided that:

1. Such quarters may be attached to the residence or detached but on the same lot as the residence, but only one (1) such quarters shall be permitted not to exceed six hundred forty (640) square feet in size;

2. In the event the quarters are detached, the lot shall contain a minimum of forty thousand (40,000) square feet, and the structure shall be located not less than twenty (20') feet from the residence;

3. Such quarters shall not contain or possess a kitchen or any kitchen or cooking equipment or facilities;

4. Such quarters shall not be rented or otherwise used as a separate dwelling.

e. If the residence is not used for either a home for children, foster family, or home for the aged, foster family, rooms may be rented to not more than four (4) roomers, with or without table board in a single family residence.

f. Home occupations, with a business license, as defined in Section 9120.8. (Ord. #110, S9202; Ord. #120, 59202(4))

9203. Zone R-A-Uses Subject to Director's Review and Approval.

If site plans therefor are first submitted to and approved by the Planning Director, premises in

Zone R-A may be used for the following uses:

a. Access to property lawfully used for a purpose not permitted in Zone R-A, provided no other practical access to such property is available and such access will not alter the character of the premises in respect to permitted uses in Zone R-A.

b. Carnivals, temporary, not to exceed four (4) days within any six (6) month period subject to the approval of the Director and City Manager. The sponsorship of such carnival shall be confined to a public agency or religious, fraternal or service organization

directly engaged in civic or charitable endeavors.

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ZONING-ZONING REGULATIONS 9203

In approving said plan the Planning Director and City Manager, in their opinion, determine that the proposed use will be consistent with the purpose of this section and that the proposed development will not be detrimental to or endanger the public health, safety or general welfare of the surrounding area. The City may impose such conditions as are deemed necessary to insure that such approval will be consistent with the purpose of this section. Such conditions may include, but are not limited to, hours of operation, limitations on commercial rides and equipment permitted, prevention of glare or direct illumination of adjacent properties, regulation of nuisance factors such as noise, dust and odors, and requirements of temporary parking facilities.

c. Mobilehomes used as a residence of the owner and his family during the construction by such owner of a permanent residence but only while a building permit for the construction of such residence is in full force and effect and provided:

1. That the site plan submitted shall demonstrate a reasonable, practical and economically teasible means of removing the mobilehome following completion of construction; and

2. That such mobilehome shall contain not more than one (1) dwelling unit not to exceed twelve (12') feet in width and with no structural attachments; and

3. That such mobilehome shall be removed from the site prior to the end of twelve (12) months from the date of approval unless a conditional use permit has first been obtained.

d. Model homes, erected on the same premises and used in conjunction with a new subdivision tract offered for sale for the fffst time, for a period of not to exceed two (2) years provided:

1. That such models are on an approved lot in a tentative tract that has been filed and approved by the City Council; and

2. That such models may be used in conjunction with an approved temporary tract office but not a general real estate business; and

3. That any structure used for such purpose at the end of such two (2) years shall either be removed or restored for a use permitted in the zone where located except that the Director may, upon a showing of need by the owner of the property, extend the permitted time beyond two (2) years.

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e. Real estate tract offices, temporary, for the purpose of conducting the sale of lots of the tract upon which such tract office is located, for a period of not to exceed two (2) years, provided:

1. That such tract office shall not be used for conducting a general real estate business; and

2. That any structure used for such purpose at the end of such two (2) years shall either be removed or re~tored for a use permitted in the zone where located except that the Director may, upon a showing of need by the owner of the property, extend the permitted time beyond two (2) years.

(Ord. #110, S9203; Ord. #192, S2)

9204. Zone R-A-Uses Subject to Conditional Use Permit.

a. The following uses provided a conditional use permit has first been obtained as provided in Section 9401 while such permit is in full force and effect in conformity with the conditions of such permit for:

1. Arboretums and horticultural gardens.

2. Churches, temples or other places used exclusively for religious worship, including customary, incidental educational and social activities in conjunction therewith.

3. Communication equipment buildings.

4. Convents and monasteries where on the same lot or parcel as a legally established church or school.

5. Day care for children, special homes.

6. Day nurseries, children.

7. Earth stations.

8. Electric distribution substations including microwave facilities used in conjunction therewith.

9. Gas metering and control stations, public utilities

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ZONING REGULATIONS 9204

10. Golf courses, including the customary clubhouse and appurtenant maintenance facilities.

11. Heliports.

12. Helistops.

13. Homes for aged persons, small group care.

14. Land reclamation projects.

15. Libraries.

16. Lighting for tennis courts and other outdoor courts used for recreational purposes.

17. Microwave stations.

18. Oil wells.

19. Parks and playgrounds with all appurtenant facilities customarily found in conjunction therewith.

20. Police and Fire Stations, and appurtenant facilities.

21. Radio and television stations and towers, but not including studios.

22. Recreation facilities, neighborhood, not accessory to a principal use including tennis, polo and swimming, where operated as a nonprofit corporation for the use of the surrounding residents. This provision shall not be interpreted to permit commercial enterprises.

23. Schools, through grade twelve (12), accredited, including appurtenant facilities, which offer instruction required to be taught in the public schools by the Education Code of the State of California, in which no pupil is physically restrained, but excluding trade or commercial schools.

24. Solid fill projects.

25. Telephone repeater stations

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9205 LA HABRA HEIGHTS MUNICIPAL CODE

26. Outdoor courts used for recreational purposes including, but not limited to, tennis and basketball courts, and indoor courts used for such purposes which are located in accessory buildings or structures.

27. City Government facilities and other public agency facilities. (Ord. #110, S9204; Ord. #138, S2)

9205. Zone R.A-Prohibited Uses. The following uses shall be prohibited in Zone R-A:

a. Second units on R-A Zoned single-family lots are prohibited within the City for the reasons set forth below:

1. Lack of Sewers. The City of La Habra Heights has no City-wide sanitary sewer system. The sewage affluent of ninety-seven (97%) percent of the residential structures in the City is disposed of into cesspools, and leach lines which enter the earth strata and percolate into the soil. The current methods of answering the City is predicated on one (1) acre sized lots and limited density, which places an acceptable level of risk on the amount of affluent entering the earth strata in the City.

2. Rural Street Design. The roadways in La Habra Heights are generally curvy and narrow (eighteen (18') feet of paving in many locations), with no curbs, gutters, street lights or sidewalks. Many streets are private and unimproved or not improved to public street standards. In many instances equestrian and pedestrian use is made of shoulders directly adjacent to the roadway paving. Roadways in the City are generally long and narrow with lengthy cul-de-sacs (one way in and out). Virtually all City streets have no provisions for any on-street parking. The current capacity and design of the roadways cannot withstand the increased traffic congestion and parking requirements associated with increased densities.

3. Public Transportation and Access. There is no means of public transportation within the City and no convenient access to essential shopping facilities. The addition of second units in the City would therefore generate increased traffic beyond the capacity of the City's roadway network.

4. Utilization of Existing Dwelling Units. The existing dwelling units in La Habra Heights are not underutilized nor overcrowded as is evidenced by the 1980 U.S. Census which indicated that the average number of persons per dwelling unit in the City is three point two (3.2), the average number of bedrooms per dwelling unit is three point two (3.2), and the vacancy rate is four point seven (4.7%) percent.

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ZONING-ZONING REGULATIONS 9206

The City of La Habra Heights acknowledges that the preclusion of second units in La Habra Heights may limit housing opportunities in the region. This limitation is justified, however, by the unusual circumstances described in this section. Given the relatively small number of single-family residences located within the City, this preclusion will not significantly affect housing opportunities in the region.

b. The use of storage containers.

c. Any use not specifically enumerated in Sections 9201 to 9204. (Ord. #110, S9205; Ord. #192,S3)

9206. Zone R-A-Development Standards.

9206.1. Zone R-A-View Preservation and Height Limitations. The

City of La Habra Heights shall be divided into two (2) View Preservation Districts; View Preservation District A and View Preservation District B, as defined on the map appended hereto and adopted concurrently herewith. (Ord. #110, S9206.1)

9206.2. Zone R-A-View Preservation District A, Height Standards.

a. View Preservation. Lots in View Preservation District "A" have been deemed to potentially have view amenities as described in Section 9404. To protect the significant views as defined in Section 9404, each proposed structure or addition to an existing structure which exceeds the measurements listed below shall be subject to the approval of a View Preservation Modification pursuant to Section 9404:

1. Five hundred (500) square feet or more and is located upon a lot of one acre or less;

2. Seven hundred fifty (750) square feet or more and is located upon a lot of more than one acre; or

3. Sixteen (16') feet in height.

b. Maximum Building Height Limits. The measurements stipulated in Section 9206.2 (a) above may be exceeded upon the approval of a View Preservation Modification pursuant to the provisions and fmdings of Section 9404 of this article, but in no event shall the following maximum height limits be exceeded:

1. For structures built on natural slopes of less than five (5%) percent, a

building shall not exceed a height of thirty-five (35') feet as measured from the lowest footing to the highest roof peak.

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9206 LA HABRA HEIGHTS MUNICIPAL CODE

2. For structures built on natural slopes greater than five (5%) percent but less than fifteen (15%) percent, a building shall not exceed a height of thirty-five (35') feet from the lowest footing to the highest roof peak, nor shall it exceed a height of thirty (30') feet measured perpendicularly from the average natural topography or approved grade of the building site, as determined by the Planning Director or Planning Commis-sion.

3. For structures built on natural slopes greater than fifteen (15%) percent but less than twenty-five (25%) percent, a building shall not exceed a height of thirty-seven and one-half (37.5') feet from the lowest footing to the highest roof peak, nor shall it exceed a height of twenty-seven and one-half (27.5') feet measured perpendicularly from the average natural topography or approved grade of the building site, as deter-mined by the Planning Director or Planning Commission.

4. For structures built on natural slopes greater than twenty-five (25%) per-cent, a building shall not exceed a height of forty (40') feet from the lowest footing to the highest roof peak, nor shall it exceed a height of twenty-five (25') feet measured perpendicularly from the average natural topography or approved grade of the building site, as determined by Planning Director or Planning Commission.

5. No roof pitch shall exceed six by twelve (6 x 12) (vertical x horizontal) unless the entire structure including all attic space is equipped with fire sprinkier devices to the satisfaction of the Fire Chief or his designee.

6. Building eaves shall be limited to a height of thirty (30') feet from finished grade on any one (1) side of a structure, unless a secondary means of ingress and egress is provided from living areas by way of an exterior stairway. If this standard cannot be met, in lieu thereof, the entire structure shall be equipped with fire sprinkier devices to the satisfaction of the Fire Chief or his designee.

(Ord. #110,S9206.2; Ord. #122, Si [9206.2]; Ord. #130, Si; Ord. #175,S2)

9206.3. Zone R-A-View Preservation District B, Height Standards. Every residence and every other structure in Zone R-A, View Preservation District B, shall have a height measured from the lowest footihg to the highest roof peak of not to exceed thirty-five (35') feet. In addition, the provisions contained in subsections B.4 and B.5 of Section 9206.2 shall be applicable to structures in View Preservation District B. (Ord. #110, S9206.3)

9206.4. Zone R-A-Yard Requirements. Premises in Zone R-A shall be subject to the following yard requirements:

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ZONING-ZONING REGULATIONS

a. Front Yards. Each lot or parcel of land shall have a front yard of not less than thirty-five (35') feet in depth.

b. Corner Side Yards. Each lot or parcel of land shall have corner side yards of not less than twenty-five (25') feet.

c. interior Side Yards. Each lot or parcel of land shall have interior side yards of not less than twenty-five (25') feet.

d. Rear Yards. Each lot or parcel of land shall have a rear yard of not less than twenty-five (25') feet in depth.

Yards required by this zone are also subject to the general provisions, modifications and exceptions contained in Section 9301 which shall apply as specified.

(Ord. #110, S9206.4)

9206.5. Zone R-A-Required Area.

a. The minimum net lot area for parcels in Zone R-A shall be determined by the numerical suffix following the R-A designation of a specific parcel. In the case of properties designated R-A- 1, the minimum net lot size shall be forty thousand (40,000) square feet.

b. The following slope density provisions shall be preeminent over the zoning designation for new subdivisions of land:

Average Slope of a New

Parcel To Be Created by the Minimum Lot Area

Proposed Subdivision in Gross Acres

Less than 30 1.00 (43,560 sq. feet)

30 1.06 (46,174 sq. feet)

31 1.13 (49,223 sq. feet)

32 1.21(52,708 sq. feet)

33 1.30 (56,628 sq. feet)

34 1.44 (62,726 sq. feet)

35 1.61(70,132 sq. feet)

36 1.84 (80,150 sq. feet)

37 2.14 (93,218 sq. feet)

38 2.55 (111,078 sq. feet)

39 3.16 (137,650 sq. feet)

40 4.00 (174,240 sq. feet)

41 and above 5.00 (217,800 sq. feet)

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9206 LA HABRA HEIGHTS MUNICIPAL CODE

c. When a project is located adjacent to predominantly developed areas, the intensity and topography of such development may be used to override or modify the slope-density provisions of paragraph b. of this section, except that, under no circumstances may a newly created lot be less than forty thousand (40,000) square feet in net area. In such cases where the intensity and topography of adjacent development are proposed to override or modify the above slope-density provisions, it must be shown that:

1. (a) The variance from the slope-density formula will not be materially

detrimental to the public welfare or be injurious to other improvements in the same vicinity, and

(b) The variance from the slope-density formula is necessary for the

preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity, and

developed at a greater intensity than allowed by the slope density formula, or

2. There are special circumstances or exceptional characteristics applicable to the property involved, such as shape, topography, location, or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning and general plan classifications.

(d) For purposes of this section, the term 'gross acre' shall mean forty-three thousand five hundred sixty (43,560) square feet and 'net lot size' shall be deternrined in light of the definition of 'Area, net' set forth in Section 9120.1 of this Code.

(Ord. #110, S9206.5; Ord. #161, Sl; Ord. #188U, Sl; Ord. #188, Sl)

9206.6. Zone R.A-Required Lot Width. New parcels created within Zone R-A shall meet the following criteria:

a. Where the required area is one (1) acre or more, a net area of at least thirty thousand (30,000) square feet shall have a mininium width and depth of one hundred (100') feet.

b. Where the required area is less than one (1) acre, the average lot width shall be a minimum of fifty (50') feet.

(Ord. #110, S9206.6)

9206.7. Zone R.A-Design Standards. The following design standards shall apply to all residential structures erected in Zone R-A:

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ZONING-ZONING REGULATIONS 9206

a. Siding used on structures shall consist of stucco, brick, wood or similar material approved by the building code. Metal and/or reflective siding materials are prohibited.

b. Roofing materials shall be limited to fire-retardant materials approved by the building code. Reflective roofmg materials are prohibited.

c. The vertical height of any building facade exceeding thirty (30') feet in horizontal length shall be limited to a maximum of eighteen (18') feet, unless an outward projection of at least five (5') feet is provided along said facade. Said projection shall be an actual building mass, not a deck or balcony.

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ZONING REGULATIONS 9206

d. The horizontal length of any building facade shall be limited to fifty (50') feet, unless a break of at least five (5') feet in depth is provided along said facade.

(Ord. #110, S9206.7; Ord. #122, Si [9206.7])

9206.8. Zone R-A-Applicable Regulations. The following applicable regulations contained in this article shall be complied with by development in Zone R-A:

a. Automobile Parking. Sections 9320 through 9324.

b. Animals. Sections 9375 through 9377.

c. Signs. Section 9350.

d. Nonconforming Uses and Structures. Section 9408.

(Ord. #110, S9206.8)

9206.9. Zone R-A-Landscape Requirements. A landscape plan shall be submitted for the approval of the Planning Director for every new residential dwelling or residential addition over one thousand (1,000) square feet. The landscape plan shall be intended to rnitigate the impacts of new construction and shall meet the following requirements:

a. Landscaping materials shall be located in such a manner as to lessen the visual impact of the new structure or addition, and to tie the structure to the site, particularly in highly visible locations such as along major streets and view corridors. (View corridors are defined as broad views from street frontages, and from below and across canyons). Shrubs should be arranged in broad, informal masses to produce a mounded, textured slope surface, similar to natural chaparral vegetation.

b. A minimum of three (3) twenty-four (24") inch box size trees shall be planted. Permitted species may include, but are not limited to, California pcpper, avocado, oak, sycamore, and eucalyptus.

Said trees shall be placed on the property in a random or organic manner in locations where they will be most effective in softening the impact of the construction. In general, a minimum screening of fifty (50%) percent is desired. Where adequate vegetation in the forrn of mature trees exists on a parcel to screen the development, this condition may be waived.

c. Any high blank walls on downslope sides of structures shall be treated with landscaping including, but not limited to shrubs, trees and vines to soften the visual impact of the wall. The use of fire retardant species of plant materials is encouraged.

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9206 LA HABRA HEIGHTS MUNICIPAL CODE

d. Turf or other groundcover that requires heavy watering is not recommended on pads or slopes created by fill.

e. Recommended plant materials for slope planting are drought-tolerant native or introduced plants which sustain vigorous root growth with minimal water and which blend visually with the natural landscape. A suggested plant list will be maintained on file in the Building Department.

f. Significant trees shall be conserved where possible during subdivision, development or other site work or construction activities. A significant tree is a:

1. Tree that contributes substantially to the amenities of the proposed development on the site,

2. Tree that makes a notable contribution to the landscape qualities of a wider area of scenic beauty,

3. Tree that screens undesirable views, provides wind protection, assists soil stabilization, helps to break the stark appearance of new development or provides visual harmony with the surrounding landscape,

4. Tree that is a significant feature of the site because of height, coloring, canopy spread or character,

5. Tree that forms part of a group which is of value to the area because of its association with other plant or animal life,

6. Tree that forms a group, the value or character of which is lost if reduced in size.

Any significant tree which is removed shall be replaced with a twenty-four (24") inch box tree. This requirement shall be in addition to any other landscape requirements.

g. An automatic irrigation system shall be provided for any requirement landscaping.

(Ord. #122, 51 [S9206.9])

9206.10. Zone R-A-Gated Communities Prohibited. No gate shall be constructed across any private street or alley or across any driveway which provides access to more than one single-faiily residence if the residence is not located on the same lot or parcel. (Ord. #153, Sl)

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ZONING REGULATIONS 9251

9207. Zone R-A-Specific Plan Overlay. The purpose of the specific plan overlay designation is to provide for a more detailed and specialized level of planning review and analysis for particularly large undeveloped areas of the City. This designation will require preparation and adoption of a specific plan, as defined in California Government Code Sections 65450 et seq., for large properties, development of which will have significant environmental, circulation, aesthetic and overall land use impacts. The adoption of a specific plan, pursuant to the applicable provisions of the government code and Section 9414 of this article, shall be a prerequisite for the development of any parcel which contains sufficient acreage to be subdivided into ten (10) or more legal lots.

The adopted specific plan will replace and may deviate from the applicable general plan and zoning standards and may govern development of the property. except the base overall densities established by the general plan and Section 9206.5 of this article shall not be exceeded in establishing the net density of a specific plan development. (Ord. #118, S9207)

9208.-9250. Reserved.

9251. Zone C-H (Commercial Highway)-Uses Subject to Director's Review and Approval. If site plans therefor are first submitted to and approved by the Director, premises in Zone C-H may be used for:

a. Access to property lawfully used for a purpose not permitted in Zone C-H provided no other practical access to such property is available, and such access will not alter the character of the premises in respect to permitted uses in Zone C-H.

b. Carnivals, temporary, not to exceed four (4) days within any six (6) month period subject to the approval of the Planning Director and City Manager. The sponsorship of such carnival shall be confirmed to a public agency or religious, fraternal or service organization directly engaged in civic or charitable endeavors. In approving said plan the Planning Director and CityManager shall in their opinion, determine that the proposed use will be consistent with the purpose of this section and that the proposed development will not be detrimental to or endanger the public health, safety or general welfare of the surrounding area. The City may impose such conditions as are deemed necessary to insure that such approval will be consistent with the purpose of this section. Such conditions may include, but are not limited to, hours of operation, limitations on commercial rides and equipment permitted, prevention of glare or direct illumination of adjacent properties, regulation of nuisance factors such as noise, dust and odors, and requirement of temporary parking facilities.

c. Christmas trees and wreaths, the sale of, between December 1 and 25, both dates inclusive, to the extent permitted by other statutory and ordinance provisions. Any structures, facilities and materials used for the sale of trees and wreaths shall be removed from the

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9252 LA HABRA HEIGHTS MUNICIPAL CODE

premises by December 31 of the same calendar year, and the property restored to a neat condition.

d. Crops, field, tree, bush, berry, and row, including nursery stock. This subparagraph shall not be construed to permit roadside stands, retail sale from the premises or signs advertising products produced on the premises.

(Ord. #110, S9251)

9252. Zone C-H-Uses Subject to Conditional Use Permit.

a. The following uses are permitted provided a conditional use permit has first been obtained as provided in Section 9401 and such permit is in full force and effect in conformity with the conditions of such permit for:

1. Fire stations.

2. Police stations.

3. Schools, public, through grade twelve (12).

4. City government facilities and other public agency facilities.

5. Community centers.

6. Parks and playgrounds.

7. Above-ground fuel storage tanks with a capacity of less than three thousand (3,000) gallons.

8. Arboretums and horticultural gardens.

9. Banks, savings and loan, credit unions and finance companies.

10. Churches, temples or other places used exclusively for religious worship including customary incidental educational and social activities in conjunction therewith.

11. Colleges and universities, including appurtenant facilities, giving advanced academic instruction approved by the State Board of Education or recognized accrediting agency, but excluding trade or commercial schools.

12. Communication equipment buildings.

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ZONING REGULATIONS 9252

13. Day care for children, family homes.

14. Day care for children, special homes.

15. Day nurseries, children.

16. Earth stations.

17. Electric transmission substations, and generating plants including microwave facilities used in conjunction with any one thereof.

18. Gas metering and control stations, public utility.

19. Heliports.

20. Helistops.

21. Homes for aged persons, small group care.

22. Homes for children, special boarding.

23. Hospitals.

24. Hotels.

25. Institutions for aged persons, private.

26. Institutions for children, private.

27. Libraries.

28. Medical clinics, including laboratories and prescription pharmacies in conjunction therewith.

29. Microwave stations.

30. Museums.

31. Offices, business or professional.

32. Oil wells.

9253 LA HABRA HEIGHTS MUNICIPAL CODE

33. Post offices.

34. Public utility service centers.

35. Radio and television stations and towers, but excluding studios.

36. Recreation clubs, private, including tennis, polo and swimming. Where specifically designated a part of an approved conditional use permit such use may include a pro shop, restaurant and bar as appurtenant uses.

37. Restaurants, provided all dining facilities are within an enclosed building.

38. Schools, business and professional, including art, barber, beauty, dance, drama, and music, but not including any school specializing in manual training, shop work, or in the repair and maintenance of machinery or mechanical equipment.

39. Stations, bus, and taxi.

40. Telephone repeater stations.

(Ord. #110, S9252; Ord. #156, S1)

9253. Zone C-H-Prohibited Uses. A person shall not use any premises in Zones C-H except as specifically permitted Sections in 9251 and 9252. (Ord. #110, S9253)

9254. Zone C~H-DeveIopment Standards.

9254.1. Zone C-H-Height Limit. No structure in Zone C-H shall exceed two (2) stories in height or thirty-five (35') feet from the lowest ground covered by the structure to the peak of the structure. (Ord. #110, S9254.l)

9254.2. Zone C-H-Yard Requirements. Premises in Zone C-H shall be subject to the following yard requirements:

a. Front Yards. Each lot or parcel of land shall have a front yard of not less than twenty (20') feet in depth.

b. Corner Side Yards. Each lot or parcel of land shall have a corner side yard of not less than twenty (20') feet in depth.

c. Interior Side Yards. Each lot or parcel of land shall have an interior side yard of not less than twenty (20') feet in depth.

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ZONING REGULATIONS 9254

d. Rear Yards. Each lot or parcel of land shall have a rear yard of not less than ten (10') feet in depth.

(Ord. #110, S9254.2)

9254.3. Zone C.H-Required Lot Area. The minimum lot size for parcels in Zone C-H shall be forty-thousand (40,000) square feet net. (Ord. #110, S9254.3)

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ZONING REGULATIONS

9254.4. Zone C-H-Required Lot Width. Each lot shall contain a net area of thirty thousand (30,000) square feet which is at least one hundred (100') feet wide and deep. (Ord. #110, S9254.4)

9254.5. Zone C-H-Maximum Lot Coverage. A maximum of fifty (50%) percent of a parcel may be occupied by structures. (Ord. #110, S9254.5)

9254.6. Zone C-H-Outside Display. All display in Zone C-H shall be located wholly within an enclosed building except for the following:

a. Christmas tree and wreaths, sale of.

b. Crops, field, tree bush, berry and row, including nursery stock. (Ord. #110, S9254.6)

9254.7. Zone C-H-Outside Storage. No outside storage shall be permitted in Zone C-H. (Ord. #110, S9254.7)

9254.8. Zone C-H-Applicable Regulations. The following applicable regulations contained in this article shall be complied with by development in Zone C-H:

a. Automobile Parking. Sections 9320 through 9325.

b. Signs. Section 9350.

C. Nonconforming Uses and Structures. Section 9408.

(Ord. #110, S9254.8)

9254.9. Zone C-H-Design Standards. The following design standards shall apply to all structures erected in Zone C-H:

a. Siding used on structures shall consist of stucco, brick, wood or similar material approved by the building code. Reflective siding materials are prohibited.

b. Roofing materials shall be limited to fire-retardant materials approved by the building code. Reflective roofing materials are prohibited.

9.217

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9254 LA HABRA HEIGHTS MUNICIPAL CODE

. Ttie horizontal length of any building facade shall be limited to fifty (50') feet, unless a break of at least five (5') feet in depth is provided along said facade.

(Ord. #122, 51 [9254.9])

9254.10. Zone C-H-Landscape Requirements.

a. A landscape plan shall be submitted for the approval of the Planning Director for every new structure or addition over one thousand (1,000) square feet. The landscape plan shall be intended to mitigate the impacts of new construction and shall meet the following requirements:

1. Landscaping materials shall be located in such a manner as to lessen the visual impact of the new structure or addition, and to tie the structure to the site, particularly in highly visible locations such as along major streets and view corridors. (View corridors are defined as broad views from street frontages,and from below and across canyons). Shrubs should be arranged in broad, informal masses to produce a mounded, textured slope surface, similar to natural chaparral vegetation.

2. A minimum of three (3) twenty-four (24") inch box size trees shall be planted. Permitted species may include, but are not limited to, California pepper, avocado, oak, sycamore, and eucalyptus. Said trees shall be placed on the property in a random or organic manner in locations where they will be most effective in softening the impact of the construction. In general, a minimum screening of fifty (50%) percent is desired. Where adequate vegetation in the form of mature trees exists on a parcel to screen the development, this condition may be waived.

3. Any high blank walls on downslope sides of structures shall be treated with landscaping including, but not limited to shrubs, trees and vines to soften the visual impact of the wall. The use of fire retardant species of plant materials is encouraged.

4. Turf or other groundcover that requires heavy watering is not recommended on pads or slopes created by fill.

5. Recommended plant materials for slope planting are drought-tolerant native or introduced plants which sustain vigorous root growth with minimal water and which blend visually with the natural landscape. A suggested plant list will be maintained on file in the Building Department

6. Significant trees shall be conserved where possible during subdivision, a development or other site work or construction activities. A significant tree is a:

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(a) Tree that contributes substantially to the amenities of the proposed development of the site:

(b) Tree that makes a notable contribution to the landscape qualities of a wider area of scenic beauty;

(c) Tree that screens undesirable views, provides wind protection, assists soil stabilization, helps to break the stark appearance of new development or provides visual harmony with the surrounding landscape;

(d) Tree that is a significant feature of the site because of height, coloring, canopy spread or character:

(e) Tree that forms part of a group which is of value to the area because of its association with other plant or animal life;

(f) Tree that forms a group, the value or character of which is lost if reduced in size.

Any significant tree which is removed shall be replaced with a twenty-four (24") inch box tree. This requirement shall be in addition to any other landscape requirements.

7. An automatic irrigation system shall be provided for any required landscaping.

(Ord. #122, Si, [S9254.10])

9254.11. Zone C-H - Transportation Demand Management Requirements.

a. Definitions. Unless the context clearly requires otherwise, the following words or phrases shall have the following meanings when used in this section:

1. Alternative Transportation shall mean the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

2. Applicable Development shall mean any development project that is determined to meet or exceed the project size threshold criteria contained in Section 9254.1 ic of this Code.

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3. Buspool shall mean a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

4. Carpool shall mean a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

5. The California Environmental Quality Act (CEQA) shall mean Public Resources Code Section 21000 et seq.

6. Developer shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this section as determined by the property owner.

7. Development shall mean the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this section and which exceed the thresholds defined in Section 9254.1 ic. shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

8. Employee Parking Area shall mean the portion of total required parking at a development used by onsite employees. Except as otherwise specified in this section, employee parking shall be calculated as follows:

Percent of Total Required

Type of Use Parking Devoted to Employees

Commercial 30%

Office/Professional 85%

lndustriallManufacturing 90%

9. Preferential Parking shall mean parking spaces designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parkirig spaces provided for single occupant vehicles.

10. Property Owner shall mean the legal owner of a Development who occupies a site or serves as the lessor to a tenant. The property owner shall be responsible for

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complying with the provisions of this section either directly or by delegating such responsibility as appropriate to a tenant andior an agent of the property owner or the tenant.

11. South Coast Air Quality Management District (SCAQMD) shall mean the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

12. Tenant shall mean the lessee of facility space at an applicable development project.

13. Transportation Demand Management (TDM) shall mean the alteration of travel behavior -- usually on the part of commuters -- through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

14. Trip Reduction shall mean reduction in the number of work-related trips made by single occupant vehicles.

15. Vanpool shall mean a vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis.

16. Vehicle shall mean any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

b. Review of Transit Impacts. Prior to approval of any development project for whicti an Environmental Impact Report (lEIR) will b~ picpaicd puf5uant to thc rcqulrcmcnts of the California Environmental Quality Act (CEQA) or based on a local determination that compliance with this section is otherwise appropriate, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of Preparation (N OP) for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this section shall be exempted from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, a transit operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment

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on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mItigation monitoring requirements of CEQA.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

c. Transportation Demand and Trip Reduction Measures.

1. Applicability of Requirements. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

This section shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for a DEIR has been circulated, or for which an application for a building permit has been received, prior to the effective date of this section.

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

2 Development Standards.

(a) Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following to the satisfaction of the City:

(1) A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

(i) Current maps, routes and schedules for public transit routes serving the site;

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(ii) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

(iii) Ridesharing promotional material supplied by commuter oriented organizations;

(iv) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information.

(v) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(b) Nonresidential development of fifty thousand (50,000) square feet or more shall comp!y with Section 9254.1 1c2(a) above and shall provide all of the following measures to the satisfaction of the City:

(1) Not less than ten (10%) percent of the employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet and two spaces for project over one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.

(2) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet (7'2") two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

(3) Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (50,000) square feet of nonresidential

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development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City.

(c) Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with Sections 9254.1 1c2(a) and 9254.1 1c2(b) above, and shall provide all of the following measures to the satisfaction of the City:

(1) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

(2) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

(3) If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

(4) Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

d. Monitoring.

1. No building permit, certificate of occupancy, or other entitlement for use may issue pursuant to this Code unless an appropriate officer of the City determines that the development project for which the permit is sought fully complies with the requirements of this section.

2. If during the construction of a development it comes to the attention of the Director of Planning that construction is deviating from the plans approved by the City in a manner that will result in a failure to comply with the requirements of this section, the Director shall authorize the issuance of one or more stop work orders pursuant to this Code.

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3. The provisions of this section may be enforced by any other means permitted by this Code or by other law.

e. Enforcement. A violation of the provisions of this section shall be punishable as provided in Section 1200 of this Code or by resort to any other remedy provided by law. (Ord. #178, Sl)

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ARTICLE IX

ZONING

CHAPTER 2

ZONING REGULATIONS

Contents