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Partial Table of Contents
Nonconforming Uses, Structures and Lots
View Preservation Modifications
9400. Reserved.
9401. Conditional Use Permits.
9401.1. Purpose. Conditional uses are those uses which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. Therefore, a conditional use permit is required for such uses in order to allow a timely evaluation of the proposed use, consistent with the overall aesthetics of the community and to ensure proper integration with other existing or permitted uses in the same zone or zones and with existing or permitted uses on properties in the surrounding area. At the time of application, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to fixed and established standards. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause. (Ord. #110, 59401.1)
9401.2. Application. Application or a conditional use permit shall be filed according to Section 9412 of this article. (Ord. #110, S9401.2)
9401.3. Hearing and Notice. Upon receipt in proper form of a completed conditional use permit application, a public hearing shall be set and notice of such hearing given in a manner consistent with the requirements contained in Section 9409 of this article. (Ord. #110, S9401.3)
9401.4. Conditions of Approval. The final decision-making body may impose such conditions on a conditional use permit as are necessary to protect the public peace, health, safety and welfare. (Ord. #110, 59401.4)
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9401.5. Findings. Following public hearings on the conditional use permit application, the Planning Commission and City Council shall record their decisions in writing and shall recite therein the findings of fact upon which they base their decision. The Planning Commission's findings shall be in the form of a recommendation to the City Council. The City Council decision shall be final.
The Council may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only after it makes all of the following findings of fact in a positive manner:
a. The proposed use is one conditionally permitted within the subject zone and complies with all of the applicable provisions of this article.
b. The proposed use would not impair the integrity and character of the zone in which it is to be located.
c. The subject site is physically suitable for the type of land use being proposed.
d. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.
e. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.
f. There would be adequate provisions for public access to serve the subject proposal.
g. The proposed use is consistent with the objectives, policies, general land uses and programs of the La Habra Heights General Plan.
h. The proposed use would not be detrimental to the public interest, peace, health, safety, convenience or welfare.
(Ord. #110, S9401.5)
9401.6. Consistency With Hazardous Waste Management Plan. Deci-sions on applications for conditional use permits shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (Approved November 30, 1989) relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the City to attach appropriate conditions to the issuance of any such conditional use permit in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the County Plan. (Ord. #152, Sl)
ADMINlSTRATION 9401
9401.7. Time Limitations on Operation. To assure continued compliance with the provisions of this section, each approved conditional use permit may contain a condition requiring a specific time limit of operation. To allow for continued operation, the applicant may secure one (1) or more extensions of time in the same manner prescribed for obtaining a conditional use permit. (Ord. #110,S9401.6; Ord. #152, Si)
9401.8. Expiration of Permit for Non-Use. A conditional use permit shall he considered to have expired if the use for which the permit was granted ceased or was suspended for twelve (12) or more successive calendar months. The Commission may extend the approval for an additional twelve (12) months following a public hearing. (Ord. #110, S9401.7; Ord. #152, Si)
9401.9. Use of Property Before Final Decision. No permits shall be issued for any use involved in an application for approval of a conditional use permit until, and unless, the same shall have become final. (Ord. #110,S9401.8; Ord. #152, SI)
9401.10. Revocation or Modification. The City may initiate and the City Council shall hold a public hearing upon the question of revocation or modification of a conditional use permit granted under or pursuant to the provisions of this section Notice of such hearing shall be given pursuant to Section 9409 of this article and shall be served in writing either in person or by registered mail on the owner of the property for which such conditional use permit was granted at least ten (10) days prior to such public hearing.
A conditional use permit may be revoked or modified by the Council if it finds that one (1) or more of the following conditions exists:
a. The conditional use permit was obtained in a fraudulent manner.
b. One (1) or more of the conditions of the conditional use permit have not been complied with.
c. A public nuisance exists.
In addition, after a Conditional Use Permit has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative. Consideration shall only he given to those matters raised in the application including any mitigation measure or condition associated therewith. Modification shall only be granted if the Council finds, after a public hearing, that the modification is consistent with the provisions of this section and will not be detrimental to the public health, safety and welfare.
(Ord. #110, 59401.9; Ord. #152, 51)
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9402.1. Purpose. These provisions are intended to relieve the owner of property from an inability to make reasonable use of his property in the same manner that other property of like character in the same vicinity and zone can be used. A variance shall not be granted, which confers a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in which the subject property is situated or which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. (Ord. #110, S9402.1)
9402.2. Application. Application for a variance shall be filed in a manner consistent with the requirements contained in Section 9412 of this article. (Ord. #110, S9402.2)
9402.3. Applicability. All applications for variances shall be subject to approval or rejection by the Planning Commission and City Council. (Ord. #110, S9402.3)
9402.4 Hearings and Notice. Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Section 9409 of this article. (Ord. #110, S9402.4)
9402.5. Findings. Following public hearings, the Planning Commission and City Council shall record their decisions in writing and shall recite therein the findings of fact upon which such decision is based. The Commissioner's findings shall be in the form of a recommendation to the City Council. The City Council decision shall be final.
The Council may approve and/or modify an application in whole or in part, with or without conditions, only after matiing all of the following findings of fact in a positive manner:
a. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings such that strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.
b. The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone in which the property is located.
c. The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this section nor to the goals and programs of the General Plan.
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d. The variance request is consistent with the purpose and intent of the zone in which the site is located.
e. The subject site is physically suitable for the proposed variance.
f. There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed variance would not be detrimental to public peace, health and safety.
g. There will be adequate provisions for public access to serve the use authorized by the variance.
(Ord. #110, 59402.5)
9402.6. Consistency With Hazardous Waste Management Plan. Deci-sions on applications for variances shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (Approved November 30, 1989) relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the City to attach appropriate conditions to the issuance of any such variance in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the County plan. (Ord. #152, S2)
9402.7. Use of Property Before Final Decision. No permits shall be issued for any use involved in an application for approval of a variance or deviation until, and unless, the same shall have become final. (Ord. #110, 59402.6; Ord. #152, 52)
9402.8. Revocation or Modification. The City may initiate and the City Council shall hold a public hearing upon the question of revocation or modification of a variance granted under or pursuant to the provisions of this section. Notice of such hearing shall be given pursuant to Section 9409 of this article and shall be served in writing either in person or by registered mail on the owner of the property for which such variance was granted at least ten (10) days prior to such public hearing.
A variance may be revoked or modified by the Council if it finds that one (1) or more of the following conditions exists:
a. The variance was obtained in a fraudulent manner.
b. One (1) or more of the conditions of the variance have not been complied with.
c. A public nuisance exists.
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In addition, after a variance has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative. Consideration shall only be given to those matters raised in application including any mitigation measure or condition associated therewith. Modification shall only be granted if the Council finds, after a public hearing, that the modification is consistent with the provisions of this section and will not be detrimental to the public health, safety and welfare. (Ord. #110, S9402.7; Ord. #152, S2)
9403. 1. Purpose. Director's review is established to facilitate substantiation and corroboration of facts and testimony vital to the administration of this ordinance and is required or may be used for determination of whether or not a proposed development will properly comply with the provisions and development standards prescribed in this ordinance or as prescribed by the Planning Commission or Director; and for indication of compliance, or plans and intentions to comply with the regulations and standards prescribed in this ordinance. Where a site plan is required in an application for a permit, variance, nonconforming use or structure review, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this article. (Or~. #110, S9403.1)
9403.2. Application. Applications for Director's Review shall be filed according to Section 9412 of this article. (Ord. #110,S9403.2)
9403.3. Conditions of Approval. The Director may impose such conditions as are necessary to protect the public peace, health, safety and welfare. (Ord. #110, S9403.3)
9403.4. Findings. The Director, in acting upon any site plan offered review as provided in this article, shall either approve, approve with conditions, or deny the proposed use, development or modification as requested in the application and as indicated in the required site plan based on the following principles and standards:
a. That the use, development of land and/or application of development standards is in compliance with all applicable provisions of this article.
b. That the use, development of land and/or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice.
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c. That the use, development of land and/or application of development standards is suitable from the standpoint of functional developmental design.
(Ord. #110, 59403.4)
9403.5. Period of Decision. If the Director takes no action on a site plan within ninety (90) days from the date of filing, it shall constitute a denial of such site plan. The Director may at his discretion also schedule an application which he is authorized to act upon for a hearing before the Planning Commission. (Ord. #110, S9403.5)
9403.6. Notice of Action. The Director shall notify the applicant of a request
for a site plan approval of the action taken on the application by certified mail or other means deemed appropriate. Such notification may also be hand delivered to the applicant when appropriate. (Ord. #110, S9403.6)
9403.7. Appeals. An appeal may be made by the applicant in the event that he is dissatisfied with the action taken by the Director on a site plan. Such appeal shall be filed with the Planning Commission within ten (10) business days following notification. The decision of the Planning Commission may be appealed to the City Council. (Ord. #110, 59403.7; Ord. #148, 5 1)
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9404. View Preservation Modifications.
9404.1. Purpose. A view preservation modification shall be required within View Preservation District "A" as defined in Section 9206, whenever a new structure or addi-tion to an existing structure is of a height or size which requires a view preservation modifica-tion pursuant to the provisions of Section 9206.2.
However, a view preservation modification shall not be required if a view preservation modification was issued for a project by the Director of Planning, the Planning Commission or the City Council prior to February 15, 1991, under the former provisions of Section 9206.2b, provided that the project has not been revised substantially. The determination of whether substantial revisions have occurred shall be made by the Director of Planning.
Furthermore, a full view preservation modification shall not be required for minor additions to an existing structure of less than one thousand (1,000) square feet if the Director finds that the proposed addition has no potential of impairing an identifiable view from a view lot, as defined in Section 9404.4. Such a determination may be made by the Director upon the filing of an application accompanied by payment of a fee equal to twenty (20%) percent of the full view preservation modification fee. If the Director finds that the project may adversely affect a principal identifiable view, the Director shall notify the applicant that the filing and pro-cessing of an entire view preservation modification is required and that the applicant shall pay to the City the balance, or eighty (80%) percent of the fee to process the entire application. (Ord. #110,S9404.1; Ord. #126U; Ord. #127U; Ord. #130,S2; Ord. #169U, S1; Ord. #169, S1)
9404.2. Application. Applications for view preservation modifications shall be filed according to Section 9412 of this article, except that the required property owner notification list shall be limited to a radius of three hundred (300') feet from the perimeters of the subject property. (Ord. #110, S9404.2)
9404.3. Conditions of Approval. The Director or the Planning Commission may impose such conditions as are necessary to protect the public peace, health, safety and welfare. (Ord. #110, 59404.3)
9404.4. Definition of View Lot. Parcels located within Zone R-A, View Preservation District "A" having the characteristics listed below shall be considered to have a view for the purposes of this section. A lot shall not be considered a view lot if a view obstruction would occur from a structure which meets the other requirements of this article and could be built or modified without a height modification within the zoning district in which it occurs.
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a. There presently exists a principal identifiable view, not viewed from within the setbacks, as determined by the Director of Planning. This will be applicable to both structures and vacant lots. No part of a structure constructed with a height modification or which would have required a height modification when originally constructed had this section been in effect shall be used as a principal viewing area.
b. The principal view is a scene (not located within the immediate area such as surrounding hills and valleys) including the ocean, Los Angeles or Orange County Basin, San Gabriel Valley, City lights, mountains, harbor, shoreline or off shore islands.
(Ord. #110, 59404.4)
9404.5. Burden of Proof. The applicant shall substantiate the following:
a. Why that portion of the proposed structure or addition which exceeds the base measurements will not significantly impair the primary view from a property or properties identified as having a view pursuant to Section 9404.4 of this article.
b. Why the proposed structure or addition will not significantly impair a view or vista from public property such as, but not limited to parks, streets, bikeways, walkways, and equestrian trails.
c. Why there will be no significant cumulative impact caused by granting the application. Cumulative impact shall be determined by considering: 1) the amount of view interference caused by the proposed structure or addition, and 2) the impact on view or views that similar degrees of view impairment would have on properties in near proximity to the applicant's property.
(Ord. #110, S9404.5; Ord. #126U; Ord. #127U; Ord. #130,S3)
9404.6. Findings. The Director of Planning may grant the permit if the following findings are made:
a. Notice of the applicant to exceed base measurements has been given to property owners within three hundred (300') feet of the lot.
b. A view impairment for that portion exceeding the base measures does not significantly impair the primary view from a property or properties identified as having a view pursuant to this section.
c. The proposed structure or addition does not significantly impair a view or vista from public property (including, but not limited to, parks, streets, bikeways, walkways, equestrian trails).
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d. There is no significant cumulative impact caused by granting the application.
The director may, at his/her opinion, schedule a view preservation modification application for a hearing before the Planning Commission if, in his/her opinion, sufficient
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public interest exists or the pursuit of an equitable decision would be better served through such hearing.
(Ord. #110, S9404.6; Ord. #126U; Ord. #127U; Ord. #130, S4)
9404.7. Appeals. In the event the Director of Planning refuses to grant the permit or in the event the Director of Planning grants a permit and an interested party objects to the granting of the permit, an appeal may be made to the Planning Commission requesting full reconsideration, which in order to grant a permit, must determine that the criteria listed in this section have been met. The decision of the Planning Commission may be appealed to the City Council,which, in order to grant a permit, must determine that the criteria listed in this section have been met.
Anyone appealing a decision of the Director of Planning or Planning Commission must file a written request, together with a fee as established by resolution of the City Council, ten (10) business days after notice of the decision is given. (Ord. #110, S9404.7: Ord. #148, S 2)
9404.8. Placement and Construction of Amateur Radio Antenna Support Structures.
a. Permit Required. No person shall install, construct or increase the height of any amateur radio antenna support structure which exceeds sixteen (16') feet in height without obtaining a minor view preservation permit pursuant to the provisions of this Section 9404.8. The provisions of this section shall apply to any antenna support structure which is utilized for the purpose of transmission or reception of electromagnetic waves by a federally licensed amateur radio operator. The term "antenna support structure" shall include, but not be limited to, any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas.
b. Application. Applications for minor view observation permits shall be filed with the City on an application form provided by the City. Such application shall be made by the owner(s) of the property for which the permit is sought, an authorized agent, or an owner in escrow with written authorization. The lessee of a parcel of land upon which a permit is sought may file an application, provided that it is accompanied by written approval of such filing by the owner of such property. The applicant shall submit a list with mailing labels of all property owners within three hundred (300') feet of the boundaries of the subject property. There shall be no application filing fee and no building permit fees for such applications. Applications for a permit tor an amateur radio antenna support structure shall include the following information:
1. Site plans drawn approximately to scale which shall demonstrate the boundaries of the property, the location of existing structures and the proposed location of the antenna support structure;
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2. The manufacturer's specifications of the antenna structure;
3. Elevations drawn approximately to scale which shall describe the proposed structure, including the dimensions of the structure and the details of footings, guys and braces;
4. Details of attaching or fixing the antenna to a roof, if applicable;
5. A copy of the applicant's homeowner or renter 5 insurance policy.
c. Development Standards.
1. The amateur radio antenna support structure shall comply with all other applicable codes and requirements including, but not limited to, setback requirements and Building Code requirements.
2. No portion of the antenna or antenna structure shall protrude in any manner upon adjoining property without the express written permission of the adjoining property owner, and no antenna or antenna structure shall protrude into or upon any public right of way or private street.
3. The antenna support structure shall be located either in an area which is fenced or is otherwise reasonably inaccessible to children or shall be constructed in a manner which precludes children from climbing upon it.
4. The antenna support structure shall be located on site in a manner which will minimize, to the extent feasible, the extent to which the structure is visible from adjacent properties and so as not to significantly impair the primary view from other properties.
d. Issuance of Permit.
1. The Planning Director shall issue a permit for an amateur radio antenna support structure if the application complies with the requirements of paragraphs b. and c. above or if the applicant asserts that strict compliance with the development standards set forth in paragraph c. would unreasonably interfere with the applicant's ability to receive or transmit signals, would impose unreasonable costs on the operation when viewed in light of the cost of the equipment, or that strict compliance with the development standards is not, under the circumstances of the particular case, necessary to achieve the goals and objectives of this Section 9404.8.
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2. In reviewing and granting the permit, the Planning Director shall make all determinations pursuant to the provisions of this section and may impose such conditions on the placement of an amateur radio antenna support structures as are reasonably necessary to accomplish the purpose of this section, provided that these conditions do not unreasonably interfere with the ability of the applicant to receive or transmit signals or result in unreasonable cost or expense.
3. In making a determination regarding the placement of an amateur radio antenna support structure, the Director shall consider the following:
(a) Any potential health or safety risks caused by the antenna or antenna structure;
(b) Any potential adverse impact on the views from other properties;
(c) The federal interest in maintaining an amateur radio network; and
(d) The applicant's desire to receive optimal reception from the antenna.
(e) Any testimony or evidence presented by the applicant and other interested parties.
4. Where there is a conflict between the applicant's interest in receiving optimal reception and the substantial impairment of a view from an adjacent property, the Director shall make a determination regarding the location of the proposed antenna support structure which seeks to balance and reasonably accommodate all concerns. The Director's decision on the application shall be final.
e. Nonconforming Antennas. Any amateur radio antenna support structure which was constructed and in place as of the effective date of this section may continue to be used without complying with the provisions of this section and shall be considered a legal nonconforming use if the antenna support structure was lawfully constructed in accordance with the applicable regulations in effect at the time of construction. Legal nonconforming amateur radio antenna support structures may be enlarged, expanded or relocated only if brought into compliance with the provisions of this section.
(Ord. #151, 51)
9405. Standards Modifications.
9405.1. Purpose. The standards modification procedure is established to permit minor modifications to the yard requirements contained in Section 9206.4 and 9301.1 through
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9302.10 and to the requirements of any other sections of this article which expressly reference this section. (Ord. #110, S9405.1; Ord. #195,S3)
9405.2. Application. Application for a standards modification shall be filed according to Section 9412 of this article and shall be accompanied by a list of the names and addresses of the owners of the properties adjoining the subject parcel as they appear on the most current County Assessor's rolls. If the Director of Planning determines that the matter should be initially determined by the Planning Commission, the applicant shall expand the list of property owners to include all those within a radius of five hundred (500') feet of the exterior boundaries of the subject parcel. (Ord #110, S9405.2; Ord. #195, S3)
9405.3. Conditions of Approval. The Director, the Planning Commission, or the City Council may impose such conditions on the approval of a standards modification as are necessary to protect the public peace, health, safety or welfare. (Ord. #110, S9405.3; Ord. #195, 53)
9405.4. Findings. The Planning Director may grant a standards modification if the following findings are made:
a. Notice of the application has been given to owners of properties adjoining the subject parcel, using the last known name and address of such owners as shown upon the most current County Assessor's rolls.
b. The structure or use for which the standards modification is sought would not sigmficantly impair a vicw or vista from public property (includinS but not limited to. parks. streets, bikeways, and equestrian trails) or from private property.
c. No significant cumulative or other impact would be caused by approving the standards modification.
d. Approval of the standards modification would not result in a significant loss of privacy for owners of adjoining property.
e. Due to unique circumstances, denial of the standards modification would impose an unnecessary hardship on the applicant or lead to practical difficulties or results inconsistent with the general purposes of this article.
f. The approval would be consistent with the goals and policies of the General Plan.
The Director may set an application for initial consideration by the Planning Commission after a public hearing noticed pursuant to Section 9409.3 if, in his or her sole
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discretion, he or she determines that sufficient public interest exists or the pursuit of an equitable decision would be better served by doing so. (Ord. #110, S9405.4; Ord. #195, S3)
9405.5. Appeals. A decision of the Director of Planning or Planning Commission to grant or deny a standards modification may be appealed pursuant to Sections 9409.7 through 9409.10. (Ord. #l10,S9405.5; Ord. #148,S3; Ord. #l95,S3)
9406.1. Purpose. The City Council may amend the Official Zoning Map of the City of La Habra Heights whenever required by the public necessity, convenience and general welfare. (Ord. #110, S9406.l)
9406.2. Initiation. An amendment to the Official Zoning Map may be initiated in the following manner:
a. A resolution of intention of the City Council, or,
b. An application from any other person or agency pursuant to Section 9412 of this article.
(Ord. #110, S9406.2)
9406.3. Hearing and Notice. Upon receipt in proper form of a zoning map amendment application or initiation of a resolution of intention and following an investigation, public hearings shall be set and notice of such hearings given in a manner consistent with the requirements contained in Section 9409 of this article. (Ord. #110, S9406.3)
9406.4 Consistency With Hazardous Waste Management Plan. Decisions on application for zone changes shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (Approved November 30, 1989) relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the City to attach appropriate conditions to the issuance of any such zone change approval in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the County plan. (Ord. #152, S3)
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9407.1. Purpose. The City Council may amend this article whenever required by public necessity, convenience and general welfare. (Ord. #110, S9407.1)
9407.2. Initiation. An amendment to this article may be initiated by the City Council. (Ord. #110, S9407.2)
9407.3. Hearing and Notice. Upon initiation of a resolution of intention, and following an investigation, public hearings shall be set and notice of such hearings given in a manner consistent with the requirements contained in Section 9409 of this article. (Ord. Wl 10, S9407.3)
9408. Nonconforming Uses, Structures and Lots.
9408.1. Definition of Types of Structures. As used in this article the expressions "Type 1, Type 2, Type 3, Type 4, and Type 5 building" are used as defined in the Building Code. (Ord. #110, S9408.l)
9408.2. Regulations.
a. Continuation of Nonconforming Uses. A nonconforming use may be continuously maintained provided there is no alteration or addition to any structure nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this article, except to the extent required by a subsequently enacted or subsequently adopted law, ordinance or regulation and the Director so finds. Such additions as are permitted by this subsection shall not be construed to extend the termination date of the subject nonconforming use.
b. Additions to a Nonconforming Building or Structure. Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this article and is nonconforming only because it does not meet the following standards of development as provided herein:
1. Yards provided such addition or expansion is developed pursuant to the yard requirements of this article.
2. Building height limits but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this article.
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3. Access and paving width of access, improvement and landscaping of parking areas provided such addition or expansion shall be developed pursuant to the vehicle storage provisions of this ordinance. Where the amount of parking provided prior to such addition is sufficient to comply with said provisions after such expansion it shall be deemed to comply with this subsection.
4. Such additions as are permitted by this subsection shall not be construed to authorize the modification of any provision of this ordinance nor extend the termination date of the subject nonconforming use.
c. Repair of Damaged or Partially Destroyed Nonconforming Buildings or Structures on Nonconforming Lots. A nonconforming building or structure or a building or structure on a nonconforming lot that is accidentally damaged or destroyed, such as by fire, earthquake or other calamity, including any building or structure containing a nonconforming use prior to the occurrence of such damage or destruction, may be reconstructed provided that each of the following are satisfied.
1. That such reconstruction shall comply with and is permitted by the Building Code;
2. That all such reconstruction shall be started within one (1) year from the date of damage and shall be pursued diligently to completion;
3. That reconstruction shall not extend the termination date for nonconforming uses specified in this ordinance and shall not increase or intensify the degree of nonconformity of the use; and
4. That the footprint and building envelope of the new building or structure shall be the same as that of the former building or structure which is being replaced. However, if the proposed structure or building exceeds or deviates from the footprint or envelope of the original structure, the building or structure shall be subject to all applicable requirements and discretionary approvals set forth in the Zoning Ordinance as well as site plan review by the Planning Commission. Any building or structure which is rebuilt pursuant to this paragraph 3, will not be subject to the amortization schedule set forth in Section 9408.3 of this chapter.
(Ord. #110, S9408.2; Ord. #140, S2)
9408.3. Termination of Nonconforming Uses.
a. Termination by Discontinuance. Discontinuance of a nonconforming use as indicated herein shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise provided in this article:
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I. Changing a nonconforming use to a conforming use.
2. Discontinuance of a nonconforming use for a consecutive period of two (2) or more years.
b. Termination by Operation of Law. The following nonconforming uses or structures nonconforming due to use shall be discontinued and removed from their sites within the time ~pecified in thi~ ~ection, e~cert when extended or revoked as otherwise provided in this article:
1. Where the property is unimproved, or where the nonconforming use is a storage container whether or not the propety is improved, one (1) year.
2. Where the property is unimproved except for structures of a type for which the Building Code does not require a building permit, three (3) years.
3. Where the property is unimproved except for structures which contain less than one hundred (100) square feet of gross floor area, or where such structures have a total market value of five hundred ($500.00) dollars or less as reflected by the current assessment roll, three (3) years.
4. Where a nonconforming use is carried on in a conforming structure, five
(5) years except where the provisions of subsection 3 apply.
5. In other cases twenty (20) years from effective date of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the Building Code, will be as follows:
(a) Type IV and Type V buildings (light incombustible frame and wood frame) used as:
(1) Buildings used for residential occupancy, thirty-five (35) years;
(2) Any other building not herein enumerated, twenty-five (25) years.
(b) Type rn buildings (heavy timber construction and ordinary masonry) used as:
(1) Buildings used for residential occupancy, forty (40) years;
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9408 ZONING-ADMINISTRATION
(2) Any other buildings not enumerated herein, forty (40) years;
(c) Type I and Type II buildings (fire resistive) used as:
(1) Buildings used for residential occupancy, fifty (50) years;
(2) Any other buildings not enumerated herein, fifty (50) years. (Ord. #110,S9408.3; Ord. #140,53; Ord. #196, S1)
9408.4. Review of Amortization Schedule or Substitution of Use.
a. Re quest for Review. An application may be filed with the City Council:
1. Requesting extension of the time within which a nonconforming use or structure nonconforming due to use must be discontinued and removed from its site.
2. Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a nonconforming building is vacant despite
efforts to insure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located.
The City Council may accept such filing either before or after the date of expiration of such nonconforming use.
b. Application and Procedure. Except as specifically provided in this section, the application and all procedures relative to notification, public hearing and appeals shall be the same as for a conditional use permit.
c. Burden of Proof In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the City Council, the following facts:
1. That to require cessation of the use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and
2. That such use does not now and will not during the extension period adversely affect the public heath, safety or welfare or be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity.
d. Findings and Decision. Mter a public hearing, the City Council shall consider applications for a nonconforming use and structure review. In making such determination, the City Council shall approve such application where the information submitted by the applicant and/or presented at the public hearing substantiates the fmdings of subsection c.
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ZONING-ADMINISTRATION 9409
C. Conditions. The City Council in approving an application for a nonconforming use and structure review may impose conditions it deems necessary to insure that the approval will be in accord with the findings required. Conditions imposed by the City Council may involve any pertinent factors affecting the establishment, operation and maintenance of the use requested.
(Ord. #110, S9408.4; Ord. #140, S4)
9408.5. Nonconforming Lots. Any lot, the area, dimensions or location of which was lawful on the effective date of this Article Ix, but which fails by reason of the adoption of Article Ix or an amendment thereto to conform to the present requirements of the Zoning Ordinance, shall be considered buildable for the purposes of this article. Any lot which was lawful at the time of adoption of this article, which has become nonconforming by virtue of the purchase of a portion of the lot, not to exceed twenty-five (25%) percent, in order to realign a street, highway or parkway shall be considered buildable for the purposes of this article, subject to all of the requirements of the La Habra Heights Municipal Code including, but not limited to, this article and Article VIII. (Ord. #140, 55 [9408.5])
9409.1. Purpose. These provisions are intended to specify procedures for public hearings and to provide recourse in the event that any person is aggrieved by any requirement, decision or determination in the administration or enforcement of this article. (Ord. #110, S9409.1)
9409.2. Application Processing. Applications shall be reviewed and processed in a manner consistent with the provisions of California Government Code Sections 65920 through 65944. (Ord. #110, S9409.2)
9409.3. Notice of Hearings. Not less than ten (10) days before the date of a public hearing, public notice shall be given of such hearing in the following manner:
a. A public notice shall be given pursuant to Article II, Chapter 3 of the Municipal Code. Such notice shall state the nature of the request, the location of the property, and the time and place of the scheduled hearing.
b. A public notice shall be mailed postage pre-paid, to the owners of the property within a radius of five hundred (500') feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the most current County Assessor's rolls.
(Ord. #110, S9409.3)
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9409 LA HABRA HEIGHTS MUNICIPAL CODE
9409.4. Hearing Procedure. Public hearings as provided for in this section shall be held at the time and place for which notice has been given as required in this section. A brief summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent file of the case. Any such hearings may be continued provided that prior to the adjournment or recess thereof, the chairperson announces the time and place to which such hearings will be continued. (Ord. #110, S9409.4)
9409.5. Notice of Decision. Within ten (10) business days after a decision has been made regarding an application for which a public hearing is required, notice of the decision and any conditions of approval shall be made to the applicant at the address shown upon the application. (Ord. #110, 59409.5; Ord. #148, 5 4)
9409.6. Effective Date. Variances, modifications, conditional use permits and planned development permits shall become effective ten (10) business days following the approval by the appropriate review authority. Zoning map amendments and zoning text amendments shall become effective thirty (30) days following adoption by the City Council. No permit or license shall be issued for any use involved in an application for approval of a permit until, and unless, the same shall have become final. (Ord. #110, S9409.6; Ord. #148, S 5)
9409.7. Appeal of Action. Any person aggrieved by any determination, interpretation, decision, judgment or similar action taken by the Planning Director or City staff under the provisions of this article may appeal such action to the Planning Commissions. Decisions of the Planning Commission may be appealed to the City Council. (Ord. #110, S9409.7)
9409.8. Filing of Appeals. Appeals shall be addressed to the Planning Commission or City Council on a form prescribed by the City, and shall state the basis of the appeal. An appeal of any action shall be filed with the City Clerk within ten (10) business days following the notice of decision from which an appeal is made. Appeals shall be accompanied by the filing fee as established by resolution of the City Council. (Ord. #110, S9409.8; Ord. #148, 5 6)
9409.9. Notice of Appeal Hearings. Public notice of an appeal hearing shall be given in the same manner in which the original notice was given. (Ord. #110, S9409.9)
9409.10. Effective Date of Appealed Actions. An action appealed to the Council shall not become effective unless and until approved by the Council. (Ord. #110, S9409.10)
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ZONING-ADMINISTRATION 9409
9409.11. Reapplication. An application or appeal denied by the City Council shall be deemed to be denied with prejudice unless specifically stated to be without prejudice. If an application or appeal is denied with prejudice by the Council, no further application for
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ADMINISTRATION
the denied request may be filed in the ensuing twelve (12) months except as otherwise provided for by the Council. (Ord. #110, S9409.11)
9410. Enforcement of Provisions.
9410.1. Purpose. Enforcement of the provisions of this article and any entitlements granted by the City shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the City's planning efforts and to protect the public health, safety, and welfare. (Ord. #110, 59410.1)
9410.2. Responsibility. The Director of Planning shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use entitlements granted by the City and this article. Any use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this article, is hereby declared to be unlawful and shall be subject to the remedies and penalties set forth in this Code, and/or revocation procedures initiated pursuant to the following sections contained in this article:
Section 9401 - Conditional Use Perinits
Section 9402 - Variances
Section 9403- Director's Review
Section 9404- Height Modifications
Section 9405 - Setback Modifications
(Ord. #110, S9410.2)
9411. Language.
9411.1. Purpose. This chapter is intended to facilitate interpretation of the provisions of this article by providing for a consistency of language use and by clarifying terms used in the article. (Ord. #110,S9411.l)
9411.2. Construction. When used in this article, the words "shall", "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. (Ord. #110, S9411.2)
94 1 1.3. Time of Day. Whenever a certain hour or time of day is specified in this article or any permit, condition of approval or notice issued or given as set forth in this article, such hour shall be Standard Time or Daylight Savings Time, whichever is in current use in the City. (Ord. #110,S9411.3)
9411.4. Number of Days. Whenever a number of days is specified in this article or any permit, conditions of approval or notice issued or given as set forth in this article,
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9411 LA HABRA HEIGHTS MUNICIPAL CODE
such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. (Ord. #110, S9411.4)
9411.5. Rounding of Quantities. Whenever this article requires consideration of distances, parking spaces or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number, when the fraction is five-tenths (.5) or more, and to the next lowest whole number when the fraction is less than five-tenths (.5), except as otherwise noted in this article. In the case of the number of dwelling unitS the numerical quantities which are fractions of whole numbers shall be rounded to the next lowest whole number in all such instances. (Ord. #110,59411.5)
9412. Application and Fees.
9412.1. Purpose. These provisions are intended to prescribe the filing of applications for permits, amendments and approvals when required by this article. (Ord. #110, S9412.1)
9412.2. Filing. Application for permits, amendments and approvals shall be filed with the City on an application form provided by the City together with all required plans and maps. Such application shall be made by the owner(s) of the property for which the permit is sought, an authorized agent or an owner in escrow with written authorization. The lessee of a parcel of land upon which a permit is sought may file an application provided that it is accompanied by written approval of such filing by the owner of such property. (Ord. #110, S9412.2)
9412.3. Fees. The City Council shall, by resolution, establish a schedule of fees for permits, approvals, and other matters pertaining to this article. The schedule of fees may be changed or modified only by resolution of the City Council. Until all applicable fees have been paid in full, no action shall be taken on any application, appeal or other matter pertaining to this article for which a fee is required. (Ord. #110, S9412.3)
9413. Interpretation.
9413.1. Purpose. These procedures are intended to ensure the consistent interpretation and application of the provisions of this article. (Ord. #110,S9413.1)
9413.2. Procedure. Any interested party affected by the interpretation of the provisions of this article by the City staff may request a review of the decision by the City Council. Such request shall be filed in writing with the City, stating specifically the article provisions in question, together with any such information as may be required to assist in the review of the matter. In its review of the interpretation, the Council shall consider the purpose and intent, as well as the letter, of the pertinent provision(s) and shall affirm, modify, 0 reverse said interpretation. (Ord. #110, S9413.2)
9414.1. Purpose. The requirement of a specific plan is established in order to allow for the careful planning of designated properties which exhibit environmentally sensitive features and resources or which are of a sufficiently large size so as to potentially have a major impact on the community. Such properties include any parcel sufficiently large as to be divisible into ten (10) or more legal lots. Specific plans shall be processed in accordance with the procedures set forth in this section. (Ord. #118, S9414.1)
9414.2. Application. Applications for a specific plan shall be filed according to Section 9412 of this article. The applicant shall be responsible for the preparation and submittal of a draft specific plan along with the required application forms and fees. The application will not be considered complete for processing until the draft specific plan has been reviewed by and is satisfactory to the Director of Planning, and all required environmental review is completed.
In addition to the general application requirements specified in Section 9412, the draft specific plan shall contain an analysis of the following topics:
a. Introduction and Background.
1. Executive summary
2. Project description and setting
b. Site Development Opportunities and Constraints
1. Environmental resources
(a) Existing land use and parcelization
(b) Landform and topography
(c) Soils and geology
(d) Hydrology/drainage
(e) Biological resources
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9414 LA HABRA HEIGHTS MUNICIPAL CODE
(f) Cultural resources
(g) Noise environment
(h) Airquality
(i) Visual resources
2. Public facility considerations
(a) Water supply
(b) Wastewater disposal
(c) Fire and Police protection
(d) Schools
(e) Traffic and circulation
(f) Solid waste disposal
(g) Utilities (gas, electricity, and telephone)
3. Policy considerations
(a) Existing general plan policies
(b) Existing zoning standards
c. Development Plan and Program
1. Project design goals, objectives, and strategies
(a) Environmental issues
(b) Public facility issues
(c) General plan and zoning policy issues
2. Proposed development plan
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ADMINISTRATION 9414
(a) Land use types, location and intensity
(b) Detailed development standards
(c) Circulation concept
(d) Architectural site design concept
(e) Hillside management/grading concept
(f) Landscape concept
(g) Infrastructure concept
(h) Energy conservation
3. Implementation plan
(a) Subdivision concept
(b) Phasing plan
(Ord. #118, S9414.2)
9414.3. Hearing and Notice. Upon receipt in proper form of a completed specific plan application, a public hearing shail be set and notice of such hearing given in a manner consistent with the requirements contained in Section 9409 of this article. (Ord. #118, S9414.3)
9414.4. Conditions of Approval. Conditions may be imposed on a specific plan as are necessary to protect the public peace, health, safety and welfare and to mitigate adverse impacts of the development and to assure compliance with the goals and objectives of the general plan. (Ord. #118,S9414.4)
94 14.5. Findings. Following public hearings on the specific plan application, the Planning Commission and City Council shall record their decisions in writing and shall recite therein the findings of fact upon which they base their decision. The Planning Commission's findings shall be in the form of a recommendation to the City Council. The Cit~' Council decision shall be fmal.
The Council may approve and/or modify a specific plan application in whole or in part, with or without conditions, only after it makes all of the following findings of fact in a positive manner:
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9414 LA HABRA HEIGHTS MUNICIPAL CODE
a. The specific plan provides a development framework and design which implements and furthers the goals, policies and objectives of the general plan.
b. The specific plan adequately protects significant environmental resources.
c. All potentially significant environmental impacts have been mitigated to levels of insignificance, or are justified by a statement of overriding considerations.
d. The proposed development and design thereof will not impair the integrity and character of the neighborhood in which it is to be located.
e. The subject site is physically suitable for the type of land use being proposed.
f. The proposed development and design thereof will be compatible with existing and future land uses within the community and the general area in which the proposed use is to be located.
g. There will be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.
h. There will be adequate provisions for access and vehicle circulation to serve the subject proposal without adversely affecting residential neighborhoods and city-wide circulation patterns.
1. The proposed use and design thereof will not be detrimental to the public interest, peace, health, safety, convenience or welfare.
j. The design of the development will be in harmony with the rural character of the community and will be planned to assure that building heights, spacing and design respect the overall aesthetic appearance and character of the City.
(Ord. #118, S9414.5)
9414.6. Modifications and Amendments. Subsequent to approval of a specific plan, an applicant may file an application for modification or amendment of an adopted specific plan. Such applications shall be subject to the same procedures as a new application under this article. (Ord. #118, 59414.6)
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