Contents
Animal Keeping-Intent and Purpose
Yards-Distance Between Buildings
Yards-Fences and Walls Permitted
Yards-Location of Accessory Structures and Equipment in Yards
Yards-Requirements, Determination of, Flag Lots, Permitted Projections
9300. Reserved.
9301. Yards and Highway Lines.
9301.1. Yards and Highway Lines-Intent and Purpose. In order to provide for adequate open spaces and the admission thereto of light and air, and to provide adequate visibility to the operators of motor and other vehicles along streets, highways and parkways, and at the intersection thereof, the yards provided in Chapter 2 of this article, and the yards and highway lines provided for in this chapter, are created and established as part of a comprehensive system of yard and highway lines covering the City of La Habra Heights. (Ord. #110, S9301.l)
9301.2. Yards and Highway Lines-Prohibition. A person shall not erect or use any building, structure, equipment or obstruction within any yard or highway line except as hereinafter specifically permitted in this Ordinance and subject to all regulations and conditions enumerated in this article. (Ord. #110, S9301.2)
9302.1. Yards-Requirements Superseded. Where a different yard requirement is established by this chapter, it shall supersede the yard requirements contained elsewhere in this article. (Ord. #110, S9302.l)
9302.2. Yards-Determination of Yards and Lot Lines Where Provisions Do Not Clearly Establish Same. On corner lots, through lots, lots with three (3) or more frontages, flag lots and irregularly shaped lots where the provisions of this article do not clearly establish location of yards and lot lines, the Director shall make such determination. (Ord. #110, 59302.2)
9302.3. Yards-Requirements on Flag Lots. Front, side and rear yards required by this article shall be established on the main portion of a flag lot exclusive of the access strip. In addition, the access strip shall be maintained clear except for driveways, landscaping, fences or walls which shall be subject to the same requirements specified for yards on adjoining properties fronting on the same parkway, highway or street. (Ord. ~l 10, S9302.3)
9302.4. Yards-Projections Permitted in Yards. The following projections are permitted in required yards subject to the provisions of this ordinance and of the City's adopted Building Code. Projections specified are permitted only where also authorized by said Building Code.
a. Eaves and cantilevered roofs may project a maximum distance of two and one-half (2 1/2') feet into any required yard provided:
1. That such eaves or cantilevered roofs are not closer than two and one-half (2 1/2') feet to any lot or highway line, and
2. That no portion of such eaves or cantilevered roofs are less than eight (8') feet above grade, and
3. That there are no vertical supports or members within the required yard.
b. Fireplace structures, not wider than eight (8') feet measured in the general direction of the wall of which it is a part, buttresses and wing walls may project a maximum distance of two and one-half (2 1/2') feet into any required yard provided:
1. That such structures are not closer than two and one-half (2 1/2') feet to any lot or highway line, and
2. That such structures shall not be utilized to provide closets or otherwise increase usable floor area.
c. Uncovered porches, platforms, landings, and decks, including access stairs thereto, exceeding an average height of one (1') foot which do not extend above the level of the first floor may project a maximum distance of three (3') feet into required interior side yards, and a maximum distance of five (5') feet into required front, rear and corner side yards provided:
1. That such porches, platforms. landings and decks shall not be closer than two (2') feet to any lot or highway line, and
9.302
2. That such porches, platforms, landings and decks are open and unenclosed,
provided, however, that an open-work railing not to exceed three and one-half (3 1/2') feet in height may be installe&
d. Rain conductors, spouts, utility service risers, shut-off valves, water tables, sills, capitals, bases, cornices, and belt courses may project a rnaxirnum distance of one (1') foot into any required yard.
e. Awnings or canopies may project a maximum distance of two and one-half (2 1/2') feet into required interior side yard and five (5') feet into required front, rear and corner side yard provided:
1. That such awnings or canopies are not closer than two and one-half (2 1/2') feet to any lot or highway line, and
2. That such awnings or canopies have no vertical support within such yard, and
3. That such awnings or canopies extend only over the windows or doors to be protected and for not more than one (1') foot on either side thereof.
f. Water heaters, water softeners and gas or electric meters, including service conduits and pipes, enclosed or in the open, may project a maximum distance of two and one-half (2 1/2') feet into a required interior side or rear yard provided that such structures or equipment are not closer than two and one-half (2 1/2') feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project a maximum distance of two and one-half (2 1/2') feet into a required front or corner side yard provided that such equipment is not closer than two and one-half (2 1/2') feet to any lot or highway line. This provision does not pertain to pool and spa equipment, which shall not be permitted in any required yard.
g. Stairways and balconies above the level of the first floor may project a maximum distance of two (2') feet into a required side yard or four k~4') feet into a required front or rear yard provided:
1. That such stairways and balconies shall not be closer than three (3') feet to any lot or highway line, and
2. That such stairways and balconies are open and unenclosed, and
3. That such stairways and balconies are not covered by a roof or canopy except as otherwise provided by subsection e. of this section.
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9302 LA HABRA HEIGHTS MUNICIPAL CODE
h. Wall and window mounted air conditioners, coolers and fans may be used in any required yard provided that such equipment is not closer than two and one-half ( 2 1,2') feet to any lot line.
(Ord. #110, 59303.4)
9302.5. Yards-Distance Between Buildings. Where more than one (1) building is placed on a lot or parcel of land, the following minimum distances shall apply in any zone where front, side and rear yards are required by this ordinance:
a. Distance Between Main Buildings. A minimum distance of ten (10') feet shall be required between all main residential buildings established on the same lot or parcel of land.
b. Distance Between Accessory and Main Buildings. Except where a greater distance is otherwise required by this ordinance or the City's adopted Building Code, a minimum distance of six (6') feet shall be required between any main residential building and an accessory building established on the same lot or parcel of land.
c. Projections Permitted Between Buildings on the Same Lot or Parcel of Land. The following projections are permitted within the required distance between buildings provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is penmitted in relation to a side lot line within a required interior side yard:
1. Eaves and cantilevered roofs.
2. Fireplace structures, butt:resses and wing walls.
3. Rain conductors and spouts, water tables, sills, capitals, cornices and belt courses.
4. Awnings and canopies.
5. Water heaters, water softeners, gas or electric meters, including service conductors and pipes.
6. Stairways and balconies above the level of the first floor.
Uncovered porches, platforms, landings and decks, including access stairs thereto which do not extend above the first floor are permitted within the required distance between buildings without distance restriction.
(Ord. #110, S9303.5)
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ZONING GENERAL REGULATIONS 9302
Q302.6 Yards-Location of Accessory Structures and Equipment in Yards. The following structures may be used in required yards subject to the requirements specified herein:
a. Planter boxes and masonry planters are permitted in all required yards not to exceed a height of three and one-half (3 1/2') feet.
b. Driveways, walkways, patio slabs and other areas constructed of concrete, asphalt or similar materials, and wooden decks, may be used in any required yard provided that such structures do not exceed one (1') foot above ground level. This provision shall not exclude the use of steps providing access between areas of different elevation on the same property.
c. Trash enclosures, moveable dog houses and children's play equipment may be used in a required rear yard.
(Ord. #110, S9303.6)
9302.7. Yards-Fences and Walls Permitted.
a. Front Yards and Comer Side Yards. Fences and walls within a required front yard or corner side yard shall not exceed a height of three and one-half (3 1/2') feet unless all of the foliowing criteria are satisfied:
1. The wall or fence shall be located at least five (5') feet from the highway line, as defmed in Section 9120.8 of this article;
2. The wall or fence shall not exceed a height of six (6') feet;
3. Any gates permitting access through the fence or wall shall be located at least twenty (20') feet from the highway line;
4. A maximum of two (2) lights may be installed at each gate permitting access through the fence or wall. No other lights shall be attached to or installed upon the fence or wall, and
5. At least ninety (90%) percent of the portion of the wall or fence which is above three and one-half (3-1/2') feet in height shall be constructed of non-view obscuring, open materials, such as wrought iron. This subparagraph is not intended to preclude the planting of vegetation along the fence or wall to increase privacy, provided that all of the vegetation is located more than five (5') feet from the property line.
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9302 LA HABRA HEIGHTS MUNICIPAL CODE
b. Retaining Walls. Retaining walls consistent with Municipal Code Section 8500 are permitted in all yards, except that retaining walls within a required front yard setback shall not exceed a height of three and one-half (3 1/2') feet, and retaining walls within a required side yard setback shall not exceed a height of six (6') feet, unless the retaining wall protects a cut below the natural grade and is fully screened by a residence, garage or other permitted structure so that the wall cannot be viewed from an adjacent parcel or from a street.
c. Retaining Walls Topped with Walls or Fences.
1 Where a retaining wall protects a cut below the natural grade and is located on a front, side or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence of wall, providing, however, that in any event an open-work non-view obscuring fence of three and one-half (3 1/2') feet may be erected at the top of the retaining wall for safety protection.
2. Where a wall or fence is located in the required yard adjacent to a retaining wall containing a fill, ~uch wall nr fence shall be set back from said retaining wall a distance of one (1') foot for each one (1') foot in height to a maximum distance ot flve (5') feet, provided, however, that this does not permit a wall or fence in required yards higher than permitted by this section. The area between such wall or fence and said retaining wall shall be landscaped and continuously maintained in good condition.
3. A landscaping plan prepared by a licensed landscape professional shall be required to screen any retaining wall and any fence thereon which exceeds seven (7') feet in height and is within a required front or side yard setback, unless the retaining wall is screened by a residence, garage or other permitted structure so that it cannot be viewed from an adjacent parcel or from a street.
d. lnterior Side Yards and Rear Yards. Fences and walls within a required interior side yard setback or rear yard setback shall not exceed a height of six (6') feet.
e. Fences and Walls Exempted. Where a fence or wall exceeding the heights specified is required by any law or regulation of the State of California, a fence or wall not exceeding such required height is permitted.
f. Measurement of Fence and Wall Height. The height of a fence or wall shall be measured at the highest average ground level within three (3') feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may
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ZONING GENERAL REGULATIONS 9303
vary an amount not to exceed six (6") inches, provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.
g. Notwithstanding the other provisions of this section, the Director may permit fences or walls within any required yard on flag lots to a height not to exceed six (6') feet.
h. No barbed wire, concertina wire, razor-edged wire or similar material shall be used as a material to construct any fence or wall.
1. Exceptions. Exceptions to the standards of paragraphs a., d., f. and g. of this Section 9302.7 may be granted pursuant to a standards modification approved pursuant to Section 9405.
(Ord. #110, S9303.7; Ord. #145, Si; Ord. #149, Sl-3; Ord. #160, SSl, 2; Ord. #195, SSl, 2)
9302.8. Yards-Landscaping In. Trees, shrubs, flowers and plants may be placed in any required yard provided that all height restrictions applying to fences and walls shall also apply to hedges planted within yards and forrning a barrier serving the same purpose as a fence or wall. (Ord. #110, S9303.8)
9302.9. Yards-Public Use Exemptions. The Planning Commission, without notice of hearing, may grant a modification of yard and setback regulations for public sites unless such modification would be incompatible with adjoining development. (Ord. #110, S9303.9)
9302.10. Yards-Exceptions. The Director of Planning may grant a modification to yard or setback regulations required by this or any other ordinance where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirements or setback line. Such a modification shall follow the procedures established. (Ord. #110, S9303.10)
9303.1. Establishment. In all zones, highway lines are hereby established parallel to the center line of every parkway, major and secondary highway and local street, as follows:
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GENERAL REGULATIONS 9308
a. Twenty (20') feet from the center line of every local street.
b. Thirty (30') feet from the center line of every secondary highway.
C. Fifty (50') feet from the center line of every arterial highway. (Ord. #110,59304)
9303.2. Highway Lines-Corner Cut-Offs. In all zones on the intersection of parkways, major and secondary highways and streets:
a. A person shall not use any building or structure with:in those triangles formed by the intersections of the highway lines on such parkways, major and secondary highways and streets for a distance of twenty-seven (27') feet from such intersection on each of such lines and a line connecting the end of such lines, except as permitted within a yard by subsection a. of Section 9302.4 and subsections a., d. and g. of Section 9302.7 and provided that such structures do not constitute a visual obstruction between three and one-half (3 1/2') feet and eight (8') feet above the level of the ground.
b. Corner cut-offs shall be provided as specified in Section 57 of the La Habra Heights Subdivision Ordinance.
(Ord. #110, 59305)
9304. - 9305. Reserved.
9306. Dedication Standards. Parkways, major highways, and secondary highways and local streets shall be dedicated to the width from the center line specified in subsections a., b., and c. of Section 9303 and including corner cutoffs specified in subsection b of Section 9303.2. (Ord. #110, S9306)
9307. Improvements. Before a structure subject to the provisions of this article may be used, road pavement and drainage structures where required shall be constructed at the grade and at the location specified by the City Engineer unless there already exists w'ithin the present right-of-way, or on property the owner has agreed to dedicate, road pavement or drainage structures which are adequate and the City Engineer so finds. Road pavement and drainage structures shall comply with the standards of the City Engineer. (Ord. #110, 59307)
9308. Agreement to Dedicate. In lieu of dedication, the City Engineer may accept an agreement to dedicate signed by all persons having any right, title, interest or lien in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged and the City Engineer shall record such agreement in the Office of the County Recorder of Los Angeles County. (Ord. #110, S9308)
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9309 LA HABRA HEIGHTS MUNICIPAL CODE ---_
9309. Agreement to Improve. In lieu of the required improvements the City Engineer may accept from any responsible person a contract to make such improvements. Said improvements shall be completed within the time specified in the agreement to improve, except that the City Engineer may grant such additional time as he deems necessary, if in the opinion of said City Engineer, a good and sufficient reason exists for the delay.
Such contract shall be accompanied by a deposit with the City Council of a sum of money or negotiable bonds or savings and loan certificates or shares in an amount which, in the opinion of the City Engineer, equals the cost thereof. If savings and loan certificates or shares are deposited, the owners thereof shall assign such certificates or shares to the City of La Habra Heights.
If the estimated cost of the improvements equals or exceeds one thousand ($1,000.00) dollars in lieu of such dcposit thc applicant niay fll~ witn die Ciry Council a corporate surety bond guaranteeing the adequate completion of all of the improvements, in a penal sum equal to such estimated cosL
Upon the failure of said responsible person to complete any improvement within the time specified in an agreement, the City Council may, upon notice in writing of not less than ten (10) days served upon the person, firm or corporation signing such contract, determine that said improvement work or any part thereof is incomplete and may cause to be forfeited to the City such portion of deposits or bonds given for the faithful performance of said work, or may cash any instrument of credit so deposited in such amount as may be necessary to complete the improvement work. (Ord. #110,59309)
9310. Existing Structures. This article does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement, or construction does not exceed one-half (1/2) of the current market value of all existing buildings or structures on such lot or parcel of land. (Ord. #110, S93l0)
a. The Director of Planning may grant a modification to the provisions of Section 9306 to 9310 and relieve the applicant either from compliance with all or a portion of the provisions thereof if he finds:
1. Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing would be subject to the provisions of this article, and the requirement to dedicate, pave or
9.308
GENERAL REGULATIONS 9320
improve would require a greater width than is the highway or street in front of the sald existing buildings or structures on the said adjoining properties, or
2. The lot or parcel of land adjoins a parkway, major or secondary highway or street for a distance of one hundred (100') feet or more and only a portion of sald lot or parcel of land is to be used for such building or structure or occupied by such use.
b. The City Engineer may grant a modification to the provisions of Section 9306 and 9310 and relieve the applicant either from compliance with all or a portion of the provisions thereof if he finds:
1. There is in existence or under negotiation a contract between the City and a contractor to install the required improvements, or
2. The City Engineer is unable to furnish grades within a reasonable time, or
3. The required construction would create a drainage or traffic problem, or
4. The construction will be isolated from a continuous roadway which may not be improved for many years, or
5. There are in existence partial improvements satisfactory to the City Engineer and he deems construction of additional improvements to be unnecessary or constitute an unreasonable hardship.
(Ord. #110,59311)
9312. Dedication and Improvement Standards Variance. Any person deeming himself aggrieved may apply for a variance from any Wovisions of this Section 9306 to 9310 pursuant to Section 9402 whether he has applied for a modification or not. The provisions of Section 9311 shall constitute additional grounds for a variance from any provisions of Sections 9306 and 9310. (Ord. #110,S9312)
9313. - 9319. Reserved.
9320. Parking-General Conditions.
a. The provisions of this article shall apply at the time that a building or structure is erected, altered, or enlarged to increase floor space, numbers of dwelling units or guest rooms, or the use or occupancy of a building or structure is changed.
b. In the case of mixed uses, the total automobile parking spaces required shall be the sum of the requirements for the various uses computed separately. Required automobile
9.309
9321 LA HABRA HEIGHTS MUNICIPAL CODE
parking spaces for one (1) use shall not be considered as providing required parking spaces for any other use.
c. Automobile parking spaces established by this article shall be improved as required by this article prior to the occupancy of new buildings or structures or occupancy of new use in the case of an existing building or structure which has been altered or enlarged in accordance with subsection a. of this section.
(Ord. #110, 59320)
9321. Parking-Schools and Churches. Every building used in whole or in part for an elementary school, public or private, having no grade above the sixth, shall have within five hundred (500') feet thereof, one (1) automobile parking space for each classroom. Every other building used in whole or in part for the gathering together of persons for deliberation or worship, or used as a school auditorium of a school in which any pupil is in a grade higher than the sixth, shall have within five hundred (500') feet thereof, one (1) automobile parking space for each five (5) fixed seats, and one (1) automobile parking space for each thirty-five (35) square feet of the usable floor area of such auditorium where seats are not fixed, in the largest auditorium used for public assembly. Such automobile parking spaces shall be permanently maintained. (Ord. #110, 59321)
9322. Width of Access. Driveways accessing a single dwelling unit shall have a minimum grading width of fifteen (15') feet and a paved width of twelve (12') feet. Driveways accessing more than one (1) dwelling unit shall have a minimum paved width of twenty (20') feet. Commercial driveways shall have a minimum width of twenty (20') feet. (Ord. #110, 59322)
9323. Parking-Reduction of Required. Automobile parking facilities required by this article shall be permanently maintained as such unless and until substituted for in full compliance with the provisions of this article. (Ord. #110, 59323)
9324. Residential Automobile Storage.
a. Purpose. The regulations contained in this section are necessary in the City of La Habra Heights due to the general absence of on-street parking resulting from the unusually narrow character of streets in the City. It is the responsibility of the developer or owner of any residential property in the City to provide adequate off-street parking and maneuvering space; the standards specified herein are minimum standards. The ensuing requirements are designed to lessen traffic congestion and contribute to public safety by providing sufficient on-site parking facilities.
b. Requirement. Off-street parking shall be provided in conformance with the following requirements, unless otherwise modified by the provisions contained herein:
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ZONING-GENERAL REGULATIONS 9324
1. Covered Parking Requirements. Every dwelling unit shall be provided with at least two (2) covered parking spaces, which shall be contained in an enclosed garage.
2. Additional Parking Requirements. In addition to the requirement for two (2) covered parking spaces, each dwelling unit shall be provided with four (4) additional spaces which may be covered or uncovered. Of the six (6) required spaces, four (4) shall be developed in an independently maneuverable manner. For guest rooms, guest houses, or otherwise habitable structures, two (2) additional parking spaces shall be provided beyond the primary requirement for six (6) spaces.
The foregoing standards shall apply upon the construction of any of the following:
1. New residential structures or dwelling units;
2. Additions to existing structures which exceed one thousand (1,000) square feet in any twelve (12) month period;
3. Alterations or repairs to existing structures in any twelve (12) month period which exceed fifty (50%) percent of the value of the existing building;
4. Addition of guest rooms or habitable structures.
C. Standards.
1. Maximum Permitted Grades.
(a) Access for Single-Lot Developments: Refer to Section 8518 of Article Vffi, Chapter 5 of the La Habra Heights Municipal Code.
(b) Access for Multiple-Lot Development: Refer to Section 8518 of Article VIII, Chapter 5 of the La Habra Heights Municipal Code.
(c) Parking Spaces: All parking spaces shall have a maximum grade of five (5%) percent, measured in any direction.
2. Parking Spaces-Size. Uncovered or open parking spaces shall have a minimum dimension of nine (9') feet wide by nineteen (19') feet long, except that parallel parking spaces may be eight (8') feet wide by twenty-three (23') feet long. Covered or garage parking spaces shall have interior clear dimensions of nine (9') feet wide by nineteen (19') feet long, with a minimum height clearance of seven (7') feet.
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9325 LA HABRA HEIGHTS MUNICIPAL CODE
3. Location. All required parking spaces and garages shall be located on the same lot as the residence they are intended to serve. All parking spaces shall be located where conveniently accessible to the structures intended to be served by the parking spaces.
4. Surfacing. All access to parking areas shall be all-weather surfaced. Surfacing of individual parking stalls shall be to the satisfaction of the City Engineer.
d. Turn-Around Requirements. Properties taking direct access from primary or secondary highways or City collector streets, as determined by the City Engineer, shall provide for a turn around on site, separate and independent from the required parking spaces, so that vehicles existing required parking spaces need not back onto the primary or secondary highway or City collector street. In addition, any residence with a driveway with an average slope in excess of fifteen (15%) percent or with a driveway longer than sixty (60') feet shall provide an on-site turn-around with a minimum dimension of twelve (12') feet by twenty (20') feet to the satisfaction of the City Engineer.
(Ord. #110, S9324)
9325. Commercial Automobile Storage. Parking and loading requirements for specific commercial uses shall be determined by the City Council upon recommendation of the Director of Planning. (Ord. #110, S9325)
9326. - 9349. Reserved.
9350. Sign Regulations. Reserved.
9351. - 9374. Reserved.
9375. Animal Keeping-Intent and Purpose. Regulations governing animals as pets or for the personal non-commercial use of the family residing on the premises are established in order to provide for the keeping of domestic and wild animals where accessory to the residential use of property as opposed to maintenance for commercial purposes. Such regulations presume a reasonable effort on the part of the animal owner to recognize the rights of surrounding neighbors by maintaining and controlling his animals in a safe and healthy manner at a reasonable location and neither authorize nor legalize the maintenance of any private or public nuisance. (Ord. #110, S9375)
9376. Animals as Pets-Permitted as an Accessory Use. Domestic and non-dangerous wild animals may be kept or maintained as pets or for the non-commercial use of members of the family residing on the premises subject to the following restrictions.
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GENERAL REGULATIONS 9376
a. Large Animals. Lots or parcels of land having a minimum area of fifteen thousand (15,000) square feet per dwelling unit may keep or maintain the large animals listed in Table 1 in the numbers specified, not to exceed one (1) animal per five thousand (5,000) square feet.
TABLE 1
TYPE OF ANIMAL NUMBER PERMITTED
Horses, donkeys, mules, One (1) over nine (9) months of age
other equine cattle and cows. for each five thousand (5,000) square
feet of lot area.
Sheep and goats. One (1) over six (6) months of age for
each five thousand (5,000) square
feet of lot area.
Other large animals, which in the opinion of the Director, are neither more obnoxious or detrimental to the public welfare than the animals enumerated in this subsection are permitted with the same numerical limitations. Such animals shall be kept or maintained in full compliance with applicable County of Los Angeles Health Department regulations.
b. Small Animals. Small animals permitted in residential zones shall include rodents, birds, non-poisonous snakes, chickens and other barnyard fowl, peafowl, monkeys, rabbits and similar species which do not constitute a public nuisance.
Other similar small animals which, in the opinion of the Director, are neither more obnoxious or detrimental to the public welfare than the animals enumerated in this subsection are permitted. Such animals shall be kept or maintained at a place where the keeping of domestic animals is permitted and shall be maintained in full compliance with County of Los Angeles Health Department regulations.
c. Dogs and cats, limited to a maximum for four (4) dogs and four (4) cats over the age of twelve (12) months for each developed residential lot.
d. Apiaries. Subject to the following requirements:
1. Not more than ten (10) hives shall be allowed on any one (1) lot, except upon approval of the City Manager. In generating or denying such approval, the City Manager shall consider whether the applicant complies with the following conditions:
(a) The lot contains adequate area for the number of,hives proposed.
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(b) There is a demonstrated need for pollination to justify the number of proposed hives.
(c) There is not an excessive number of concentration of hives already existing in the vicinity.
2. Hives shall be placed as close to the center of the parcel on which they are located as practical and in no event shall any hive be located closer than one hundred fifty (150') feet to residences on any adjoining lots.
3. Hives shall be provided with a permanent, functioning watering device acceptable to the Los Angeles County Apiary Inspector.
4. Hives shall not be permitted to unduly interfere with the free and unencumbered enjoyment and use of adjoining or nearby residential lots or otherwise be detrimental to the public health, safety or welfare.
5. The owner of any hive located in the City or of any new hive to be established in the City shall register the hive or hives with the City and the Los Angeles County Apiary Inspector and thereafter shall annually re-register on or before the first day of January of each year. Registration is accomplished by submitting to the City Clerk a fully executed form provided by the City and containing such information as is required by the City Manager along with a registration fee in an amount determined by resolution of the City Council.
6. Any violation of the provisions of this paragraph d. shall constitute a public nuisance and shall be abated or corrected as required by the City in accordance with Section 3401 of this Code.
e. Pigs and Hogs. Pigs and hogs, one (1) over six (6) months of age for each twenty thousand (20,000) square feet of lot area subject to the following requirements:
1. The pig(s) shall be confined in a pen or other enclosure. If pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor.
2. The pig pen shall be located at least fifty (50') feet from any street and not less than fifty (50') feet from any side or rear lot line. Requests for modifications from the setback requirements of this subsection shall be submitted to the Planning Commission or the Planning Director for consideration pursuant to Section 9405 of this article.
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GENERAL REGULATIONS 9377
3. Off-spring may be kept until they are six (6) months old.
4. Pigs shall not be kept for commercial breeding or other commercial purposes. This paragraph shall not be construed to preclude 4-H projects.
5. Anyone wishing to keep a pig on his or her property shall apply to the Director of Planning for a permit pursuant to Section 9412 of this article, except that the required property owner notification list shall be limited to those properties physically adjoining the subject parcel and no fee shall be charged for such application. A site plan demonstrating the proposed location of the pig pen shall be submitted to the Director of Planning with the application. The Director shall review the site plan pursuant to the provisions of Section 9403 of this article.
6. The City or a property owner may initiate and the Planning Commission shall hold a hearing upon the question of revocation or modification of a permit granted pursuant to the provisions of this paragraph e. Notice of such hearing shall be served in writing either in person or by registered mail on the owner of the property for which such permit was granted and to the owners of parcels adjoining the subject parcel at least ten (10) days prior to such hearing.
A permit may be revoked or modified by the Planning Commission if it finds that one (1) or more of the following conditions exists:
(a) The permit was obtained in a fraudulent manner.
(b) One (1) or more of the conditions of the permit have not been complied with.
(c) A public nuisance exists.
(d) The pig(s) are being kept in a manner which prevents adjacent property owner(s) from the reasonable use and enjoyment of their properties.
The decision of the Planning Commission may be appealed to the City Council by filing a written request therefor, together with a fee as established by resolution of the City Council, within ten (10) business days after notice of the decision is given.
(Ord. #110, S9376; Ord. #147, S1)
9377. Prohibited Animals. A person shall not keep or maintain any animal other than those permitted in Section 9376 for non-commercial use in any zone except as specifically permitted in this article and subject to all regulations and conditions enumerated in this article. (Ord. #110, S9377; Ord. #147, S2)
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9380. Tree Preservation Standards.
9380.1. Purpose. The City Council finds that trees are a significant aesthetic and ecological resource in the City of La Habra Heights and that the preservation of trees is in the best interests of the residents of the City. Regulation of indiscriminate tree removal will preserve the distinctive rural character of the City and will allow for development in a manner consistent with the health and welfare of the community. (Ord. #137, Si [9380.1])
9380.2. Permit Required. Except as otherwise provided in Section 9380.3, no person shall destroy, remove, relocate, or otherwise inflict diimage on five or more trees, or twenty-five (25%) percent of the trees on a parcel, whichever is lesser, which are twelve and one-half (12.5") inches or more in circumference (four (4") inches in diameter) as measured two (2') feet above the mean natural grade, or, in the case of a tree with more than one trunk, whose combined circumference of any two (2) trunks is at least eighteen (18") inches, (six (6") inches in diameter), as measured two (2') feet above the mean natural grade, on any lot or parcel of land within the City of La Habra Heights during any twelve (12) month period, unless a tree removal permit is first obtained in accordance with the provisions of this Section 9380.
As used in this Section 9380, the word "damage" shall include any act causing injury to the root system or other parts of a tree including, but not limited to, cutting, nailing, burning, application of toxic substances, operation of equipment or machinery, or by paving, changing the natural grade, depriving trees of water, trenching, excavating, or building within the dripline or within ten (10') feet of the trunk, whichever is greater. (Ord. #137, Si [9380.2])
9380.3. Exemption. The provisions of this Section 9380 shall not apply to:
a. Cases of emergency caused by trees being in a hazardous or dangerous condition as determined by City personnel.
b. Emergency maintenance by a public utility necessary to protect or maintain an electric power or communication line or other property of a public utility.
C. Repair and maintenance of existing parkways, highways, and streets and/or other public facilities.
d. Routine maintenance intended to insure the continued health of a tree, including the trimming of branches.
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C. Subdivisions or other discretionary approvals which have been issued previously and which include conditions regulating tree preservation or removal so that all such prior conditions shall remain in full force and effect and shall not be affected by this Section 9380.
(Ord. #137, Si [9380.3])
9380.4. Application for Permit. Consideration of any action described in Section 9380.2 shall be initiated upon the filing of an application for a tree removal permit by the owner of the subject property or by the owner's authorized representative, except that no application shall be filed or accepted if final action has been taken within one year prior thereto on an application requesting the same or substantially the same permit
Applications shall be submitted on a form provided by the City and shall be accompanied by a tree report unless such report is waived by the City; the tree report shall designate the location of all existing trees, all trees proposed to be removed, and all proposed replacement trees. An application shall not be accepted unless it contains all of the required information and the required fee as prescribed by resolution of the City Council has been paid.
In the event an application is submitted in connection with an application for a conditional use permit, variance, zone change, subdivision map, or other development permit, the tree removal permit application shall be considered concurrently therewith.
In the event the Director determines that the application should properly be reviewed and a report prepared by an appropriate consultant, the Director shall secure proposals from available consultants and select a proposal which, in the Director's judgment, is most suitable. In advance of execution of an agreement between the City and the consultant and of performance of the consultant's work, the applicant shall enter into an agreement with the City wherein the applicant agrees to reimburse the City for the entire cost of the consultant's work as set forth in the proposal. (Ord. #137, 51 [9380.4])
9380.5. Findings and Decision.
a. Upon review an consideration of the application, the Director, or the Commission in the case of concurrent filings, shall render a decision. The applicant shall be approved if the applicant demonstrates and the Director or the Com:mission affirmatively finds:
1. That the proposed removal or relocation of the trees is necessary as the continued existence of the trees at the present location(s) frustrates the planned improvement or proposed use of the subject property to such an extent that:
(a) Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or
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(b) Location of such trees precludes the reasonable and efficient use of such property for a use otherwise authorized; or
2. That the trees proposed for removal or relocation interfere with utility services or streets and highways either within or outside of the subject property and no reasonable alternative to such interference exists other than removal of the trees; or
3. That the condition of the trees proposed for removal due to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures and practices; or
4. That construction proposed within the dripline or within ten (10') feet of the trunk of the trees will not cause harm or damage to said trees, and that any construction on the property can be accomplished without endangering the health of the remaining trees, if any on the subject property.
b. Removal or relocation shall not be permitted if it will result in soil erosion through the diversion or increased flow of surface waters that cannot be satisfactorily mitigated.
c. The approval of any application under this section may be subject to such reasonable conditions as will promote the purpose of this section including, but not limited to:
1. Replacement of removed trees, if feasible, with trees of a suitable type, size, number, and at an appropriate location. In general, replacement trees shall be at least a twenty-four (24") inch box, or larger, and shall be placed at a ratio of two new trees for each tree removed, unless otherwise specified.
In considering whether replacement trees should be required, the Director or the Commission should consider, in addition to any other relevant factor, the vegetative character of the surrounding area, the number of trees to be removed, the number of trees to remain on the property, and the viability of replacement trees.
2. Preparation and implementation of a plan for protection of trees on the subject property during and after proposed development, including installation of fencing, limitations on the type of equipment to be used near trees, corrective measures to remedy defects in trees, adequate supervision by a tree expert, and the posting of a bond to the satisfaction of the City to guarantee the survival of trees to be replaced or relocated for a period of three (3) years from the date that such trees are replaced or relocated.
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3. Preparation of Covenants, Conditions and Restrictions (CC&Rs), or a deed
restriction to run with the land to be approved as to the form by the City Attorney, providing information concerning the proper care, watering, and maintenance of trees on the subject property.
(Ord. #137, Si [9380.5])
9380.6. Notice of Action.
a. The City shall serve notice of the action taken upon the applicant by registered or certified mall, postage prepaid, return receipt requested, and
b. Where the Commission has concurrently considered a permit, variance, zone change, subdivision map, or other development permit, notice shall be included in the notice of action required for such concun:ent actions.
(Ord. #137, Si [9380.6])
9380.7. Appeals. An appeal of the Director's decision to the Planning Commission may be filed pursuant to the provisions of Sections 9409.7 and 9409.8 of this Title. Decisions of the Planning Commission may be appealed to the City Council. (Ord. #137, Si [9380.7])
9380.8. Revocation. Proceedings for the revocation of a tree removal permit may be initiated by the City Council, Planning Commission, or the Director. The Director or the Commission may revoke the permit if any of the foliowing findings are made:
a. Approval was obtained by fraud, deceit, or misrepresentation.
b. The owner is not or has not been in compliance with the mitigation measures or conditions contained in the approval, or with the provisions and requirements of this section.
An appeal of the decision revoking the permit shall be considered by the Commission or Council as provided in Sections 9409.7 and 9409.8 of this Title. (Ord. #137, Si [9380.8])
9380.9. Modification of Conditions. After a tree removal permit has been approved, modification of the conditions imposed, including additions and deletions, may be considered upon filing of a written application by the owner, or his or her authorized representative. The decision and any appeal in connection with a modification request shall take place in accordance with the procedures governing the initial approval. A modification of the permit may be granted upon a finding that the approved permit or a change of circumstances has created a substantial hardship for the property owner and that any such modification will be in conformance with the requirements of this Section 9380. (Ord. #137, Si [9380.9])
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9380.10. Expiration. An approved tree removal permit which is not used within the time specified in the approval or, if no time is specified, within one year after the granting of such approval, shall become automatically null and void and of no effect, except that where an application requesting an extension is filed prior to such expiration date, the Director for good cause shown may extend such time for a period of not to exceed one year. The Director may attach to any such extension reasonable conditions necessitated by the delay in acting upon the permit A decision on an application for an extension may be appealed in accordance with Section 9380.7. (Ord. #137, Si [9380.10])
9380.11. Enforcement. In interpreting the provisions of Section 1200 of Title I of this Code as they apply to this Section 9380, the maximum penalty which may be imposed for the removal or damage of trees in violation of the provisions of Section 9380 during any twelve (12) month period is by a fine of not more than one thousand ($1,000.00) dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. #137,Sl [9380.11])