The recommended action of extending the time period for abatement was reviewed pursuant to the California Environmental Quality Act (CEQA) Guidelines and found to not be a project as defined under Section 15378(b)(5) because such extension is an administrative action only, and, therefore, is exempt from CEQA review.

That the Planning Commission adopt the following resolution:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, GRANTING A THIRTY-DAY EXTENSION TO THE TIME PERIOD FOR ABATEMENT FOR THE PUBLIC NUISANCE LOCATED AT 901-977 W. IMPERIAL HIGHWAY.

The Coyote Village condominium development contains a private covered storm drain channel that runs through the common areas. This private storm drain has been the subject of at least two collapses in recent years. The first occurred on January 23, 2019 and the second on March 15, 2023. While located entirely on private property, the Coyote Village Homeowners Association (“HOA”) sent City staff an email on March 16, 2023 requesting immediate assistance in clearing away debris from the collapsed channel to prevent flooding and further damage to the surrounding common areas and nearby residences. To protect the health and safety of the public, and with the written consent of the HOA, the City hired a contractor that immediately cleared the private channel so water could freely flow again and made additional repairs to prevent future collapses.

On March 27, 2023, the City sent the HOA a Notice of Public Nuisance (“Notice”) stemming from the March 15, 2023 collapse because the Property was in violation of several provisions of Chapter 18.74 of the La Habra Municipal Code. On April 25, 2023, the HOA timely appealed the Notice, which triggered the requirement for a nuisance hearing before the Planning Commission.

On June 22, 2023, the Planning Commission held a duly noticed public hearing regarding the appeal. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 23-07, affirming the notice of public nuisance issued to the HOA and ordering the HOA to take all necessary steps to repair the storm drain channel to prevent a future collapse within 90 days, with the option to extend with the City’s consent.

Pursuant to Section 18.74.170 of the La Habra Municipal Code (LHMC), the Planning Commission is authorized to grant reasonable extensions, not to exceed 30 days, on the time period for abatement.

On September 11, 2023, the Planning Commission adopted Resolution No. 23-12, granting a 30-day extension to the time period for abatement. On October 9, 2023, the Planning Commission adopted Resolution No. 23-15, granting an additional 30-day extension to the time period for abatement.

As outlined in the staff report for the September 11, 2023 and October 9, 2023 Planning Commission meetings, the City and the HOA have entered into a sub-grantee agreement relating to the use of the funds allocated by the State of California. The City is currently negotiating the terms of the grant agreement with the Department of Water Resources. Once the agreement is finalized and executed, the HOA will go through the process of obtaining bids for the contemplated work and retention of a construction contractor and manager. 

As efforts to abate the nuisance conditions are still ongoing, staff recommends that the Planning Commission authorize an additional 30-day extension to the time period for abatement in accordance with Section 18.74.170 of the LHMC. If approved, the extension will extend the time period for abatement through December 19, 2023.

There is no fiscal impact associated with the extension.

Extending the period of abatement of the public nuisance is not subject to compliance with the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit because this extension is an administrative action.

Abating the nuisance conditions relates to the following General Plan policies: