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Item No. 1. 
MEETING DATE: September 22, 2025
 
TO: PLANNING COMMISSION
 
FROM: SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT
By: Jacob Wielenga, Associate Planner
 
SUBJECT:
CONSIDER AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL REGARDING AN ORDINANCE APPROVING ZONE CHANGE 25-0003 TO ADD CHAPTER 18.65 (SPECIAL EVENT PERMITS) TO TITLE 18 (ZONING) AND AMEND VARIOUS SECTIONS OF TITLE 18 (ZONING) FOR CONSISTENCY WITH CHAPTER 18.65 (SPECIAL EVENT PERMITS) OF THE LA HABRA MUNICIPAL CODE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Zone Change 25-0003 (ZCA 25-0003) was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be exempt pursuant to Sections 15378(b)(5) and 15061(b)(3) of the CEQA Guidelines. The Zone Change is not a project pursuant to Section 15378(b)(5) of the CEQA Guidelines because it is an administrative activity of the City that will not result in direct or indirect physical changes in the environment. Even if the Zone Change were considered a project under CEQA, it would be exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines because the proposed amendments to the La Habra Municipal Code have no possibility of having a significant effect on the environment.

RECOMMENDATION:

That the Planning Commission approve and adopt:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING ZONE CHANGE 25-0003 TO ADD CHAPTER 18.65 (SPECIAL EVENT PERMITS) TO TITLE 18 (ZONING) AND AMEND SECTION 18.04.030 (TERMS DEFINED) OF CHAPTER 18.04 (DEFINITIONS), SECTION 18.06.040 (LAND USES) OF CHAPTER 18.06 (ZONES ESTABLISHED-ZONING MAP BOUNDARIES AND LAND USES), AND SECTION 18.23.090 (SIGN REGULATIONS - TEMPORARY SIGNS) OF CHAPTER 18.23 (SIGN STANDARDS) OF TITLE 18 (ZONING) FOR CONSISTENCY WITH CHAPTER 18.65 AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15378(b)(5) AND 15061(b)(3) OF THE CEQA GUIDELINES

DISCUSSION:

On March 18, 2024, pursuant to Chapter 18.78 (Zone Changes) of the La Habra Municipal Code (LHMC), the City Council directed staff to initiate Zone Change 24-01 to, among other amendments, amend the La Habra Municipal Code to add regulations relating to Special Event Permits with the goal of establishing clear and consistent procedures for the application, review, and approval of special events. The implementation of this request is identified as Zone Change 25-0003. The May 18, 2024 City Council staff report is provided as Attachment 2.

Section 5.04.610 (Seasonal commercial sales lots) of Title 5 (Business Taxes, Licenses and Regulations) is the only section of the LHMC that currently contains specific regulations for the approval of special events. These regulations are specific to seasonal commercial sales lots, which pertain to one of the following three defined activities:
  1. "Pumpkin and Christmas tree commercial sales lot" means any activity involving the use of a commercial lot involving seasonal sales of pumpkins or Christmas trees which continues for a period of sixty days or less.
  2. "Produce stand commercial sales lot" means the sale of farm-produced crops and goods, including, but not limited to, fruits and vegetables which are displayed and sold from a temporary structure. The establishment of temporary produce stands shall be limited to a maximum period of one hundred and twenty days during a calendar year. The produce stand commercial sales lot will be subject to review and approval by the design review committee.
  3. "Farmers' market commercial sales lot" means an outdoor public market at which the primary items sold are farm produced crops and goods sold directly to the public by the producer. The duration of a farmers' market will be subject to review and approval by the design review committee but typically operate one day per week or every other week.
Subsection D of Section 5.04.610 states that any person, firm or other entity intending to conduct or maintain a seasonal commercial sales lot shall comply with the following:
  1. All seasonal commercial sales events shall file a special event permit application with the planning division at least forty-five days prior to the event. The applicant shall pay the special event processing fee as established in the master fee schedule.
  2. The commercial lot at which the seasonal commercial sales event is to take place shall have all entrances and exits face upon a commercial street and shall not front onto a residential street.
  3. There shall be at least four off-street parking spaces provided at a minimum and where the event is larger than one thousand square feet in size, four additional parking spaces per one thousand square feet of gross display area shall be provided thereafter.
  4. There shall be no obstructions of the public right-of-way with any structure, signs or merchandise associated with the seasonal commercial sales lot.
  5. There shall be restroom facilities available to the employees and patrons on site as approved by the chief building official or representative.
  6. Advertising signage shall not exceed a collective total of one hundred square feet of area, and no sign shall exceed a height of eight feet; only one sign shall be allowed on the commercial street frontage. The use of human display signs is prohibited.
  7. The hours of operation shall be limited to nine a.m. to nine p.m. Sunday through Thursday, and nine a.m. to ten p.m. Friday and Saturday.
  8. The time period that such seasonal commercial sales is permitted includes setup and cleanup of the property for the subject event.
  9. Applicants of seasonal commercial sales lots shall obtain a business license and shall pay the fire prevention inspection fee as approved by the city council. A clean up fee of one thousand dollars shall be deposited with the community and economic development department. The cleanup fee is to guarantee compliance with the city regulations and clearance of the site. If the site is left in a clean and neat condition, as determined by the director of community and economic development or designated representative, then the cleanup deposit shall be refunded to the applicant.
  10. A building permit shall be obtained from the chief building official for the use of temporary power poles associated with a seasonal commercial sales lot. All temporary power poles shall be removed from the site within the timeframe permitted for the seasonal commercial sales event.
  11. Upon request by the applicant to the city council, the city council may waive the fee for the fire prevention inspection for local non-profit, charitable organizations.
  12. Should any person, firm or entity fail to comply with the provisions of this section, the chief building official or representative shall close down the seasonal commercial sales lot until compliance has been made. If the seasonal commercial sales lot has commenced prior to obtaining a special event permit, then the chief building official shall determine when the seasonal commercial sales lot began and upon obtaining a special event permit, will be limited to the time remaining for the event. Failure to comply with the requirements of Section 5.04.610 may be grounds for denial of future event requests by the applicant as determined by the development review committee.
The proposed Zone Change includes proposed amendments to Title 18 (Zoning). It does not include any modifications to the above regulations in Title 5.

Section 18.06.040 (Land Use Matrix) of the Zoning (Title 18) Code identifies a Special Event Permit as a permitting requirement for the following uses and within the zones shown below; however, the requirements for obtaining a special event permit for these uses, with the exception of the above requirements for seasonal commercial sales lots, are not identified in the LHMC. 
 
Permitted = P
Conditional Use Permit = CUP
Not Permitted = -
Special Event Permit = S
Home Occupation Permit = H		 R-1a
R-1b
R-1c		 R-2
R-3
R-4		 R-5
R-6
R-7		 MHP C-R C-P C-1 C-2s
C-2sH		 C-2 C-3 O-S PC-1 M-1 SP-1 MX Overlay
Temporary commercial enterprises and seasonal sales lots - - - - - - S S S S - S S S S
Outdoor sales - Temporary (small event) - - - - - - S S S S - S S S S
Outdoor sales - Temporary (large event) - - - - - - S S S S - S S S S


The Land Use Matrix identifies that a special event permit is required for the above uses in all non-residential zones and prohibited in all residential zones and the open space zone. However, the above types of uses only pertain to temporary outdoor sales. Staff receives requests for a variety of special events throughout the year including: grand openings, car meets, holiday promotional events, and back-to-school and toy drives. Many of these events are limited in scope and may not include any outdoor sales, making it difficult to justify their inclusion in the same land use category as temporary outdoor sales or commercial sales lots. The proposed Zone Change will modify the language in the Land Use Matrix to cover a range of special events, which will aid in providing clarity to applicants, as well as code enforcement activities related to unpermitted events, as shown below. The proposed changes also revise the term "seasonal sales lot" to "seasonal commercial sales lot" for consistency with the terms defined in Title 18, and adds temporary commercial enterprises and seasonal commercial sales lots as a use permitted with a Special Event Permit in the C-P (Commercial and Professional Office) Zone, consistent with special events being allowed with a Special Event Permit in such zone.
 
Permitted = P
Conditional Use Permit = CUP
Not Permitted = -
Special Event Permit = S
Home Occupation Permit = H		 R-1a
R-1b
R-1c		 R-2
R-3
R-4		 R-5
R-6
R-7		 MHP C-R C-P C-1 C-2s
C-2sH		 C-2 C-3 O-S PC-1 M-1 SP-1 MX Overlay
COMMERCIAL - RETAIL                              
Temporary commercial enterprises and seasonal commercial sales lots - - - - - - S S S S - S S S S
SPECIALTY USES                              
Special Event - Small and Large - - - - - - S S S S - S S S S

As noted above, the application, review, and approval of special event permits, for uses other than seasonal commercial sales lots, is not codified. In light of the limited regulations currently in place, staff has typically interpreted any event that is supplementary to the main business as subject to the approval of a special event permit. Staff processes these special event requests by requiring applicants to fill out and submit a Special Event Permit Application (see Attachment 3). The requirements to hold a special event are stated on the application form; however, they are not codified within the La Habra Municipal Code, making it difficult to enforce by the City’s Code Enforcement Division.  The proposed Zone Change would add a new Chapter 18.65 (Special Events) to the Zoning Code, aimed at codifying the planning practices that staff are currently using to permit special events occurring on private property

The new chapter would continue to differentiate between small and large special events, using the following definitions and approval authorities:
  1. Large Special Events are defined as a special event that is characterized by, and may include any of the following:
    1. Anticipated to have 250 or more attendees;
    2. An event duration of five or more days;
    3. Use of an inflatable structure, including, but not limited to, a bounce house, larger than 200 square feet in size;
    4. Temporary removal of more than 25% of the available on-site parking; or
    5. Closure of one or more public street(s).
            Examples of Large Special Events typically include community festivals, large car shows, and street fairs. Large Special Events will be subject to discretionary review and approval by the Planning Commission.
  1. Small special events are defined as any special event that does not qualify as a large special event. 
Examples of Small Special Events typically include minor promotional and holiday events, grand openings, and small car shows/meet-ups. Small Special Events will be subject to review and approval by the Director of Community and Economic Development.
 
Appeals of the Director's decisions on Small Special Event permits will be made to the City Manager. Appeals of the Planning Commission's decisions will be made to the City Council.

In an effort to promote more small community events, the proposed Zone Change will allow businesses to host up to 12 special events per calendar year, with a minimum of 30 days between events. However, in order to discourage businesses from treating special events with outdoor sales as an extension of the footprint of the primary business on a more permanent basis, staff proposes to restrict special events with outdoor sales to four events per calendar year with 30 days in between events, as currently identified on the City's special event permit application. In addition, this restriction would be consistent with current Zoning Code provisions that require all businesses to operate entirely within an enclosed building with the exception of automobile service stations, newsstands, outdoor garden centers and restaurants with outdoor seating/dining. This restriction is also consistent with nearby jurisdictions, including Buena Park and Garden Grove, as described below.  To provide flexibility to businesses that want to host special events more than 12 times per year, or more than four events containing outdoor sales, the Zone Change will permit additional events, subject to the Planning Commission's approval of a conditional use permit. Commercial seasonal sales lots will be exempt from these requirements and will instead be subject to the duration standards required under Section 5.04.610.

In addition to the new Chapter 18.65 (Special Event Permits), the proposed Zone Change includes updates to Zoning Code Section 18.04.030 (Terms Defined) of Chapter 18.04 (Definitions), Section 18.23.090 (Sign Regulations - Temporary Signs) of Chapter 18.23 (Sign Standards),  and Table 18.06.040.A (Land Use Matrix), to be consistent with the language and intent of the new chapter. 

Staff reviewed and altered the existing definitions from the Special Event Permit Application and added to these definitions for small and large events as needed, to ensure that terms are clearly defined and easy to understand, in order to reduce the potential for the subjective interpretation of the LHMC requirements. Definition additions and changes include:
  • Revising the definition of “approving body”  to provide that it means the designated official or body with authority to approve, conditionally approve, or deny an application pursuant to Title 18.
  • Adding the definition of “Special Event” to detail what kinds of activities would be classified as a special event.
  • Adding the definitions for “Small” and “Large” special events to differentiate different scales of events and the intensity of review needed. 
Staff is making a concerted effort to locate any definitions referenced in Title 18 (Zoning) into one chapter to help ensure consistency in terminology across development standards, to centralize all definitions within the Zoning Code for ease of reference, and to eliminate any duplicates. All definitions for Chapter 18.65 (Special Event Permits) will be added to Chapter 18.04 (Definitions). Moving forward, as the City continues to amend Title 18 (Zoning), definitions will be moved to this chapter.

Staff reviewed and altered the existing regulations for temporary signage for commercial seasonal sales lots to include temporary signage for all types of special events to be consistent with the language in the new chapter. The proposed revised regulations for temporary signage can be found in the table below and in the proposed ordinance.
 
Special Events / Seasonal Commercial Sales Lots
Standards Time Limitations
  • Signs related to a special event and/or a seasonal commercial sales lot may be displayed upon the approval of the special event permit.
  • Signs shall not exceed a collective total of 100 square feet of area.
  • No sign shall exceed a height of 8 feet.
  • Only one sign shall be allowed per commercial street frontage.
  • All signs related to a special event and/or a seasonal commercial sales lot shall be removed upon the expiration of the special event permit.

 
To further inform the proposed contents of the Zone Change, staff researched the special event regulations of other jurisdictions, including: Anaheim, Brea, Buena Park, Fullerton, Garden Grove and Whittier. Staff found that these jurisdictions have similar, codified processes for reviewing special event permits while prioritizing public safety and order. These cities process special events either as a Special Event Permit or a Temporary Use Permit. Staff found that these applications primarily differ only in name and both are used for permitting and entitling temporary uses and events on private property. To stay consistent with the City’s preexisting requirements on these types of uses, the City will keep the naming convention of Special Event Permits. A common thread across these jurisdictions is the requirement for early application submission, comprehensive documentation, and a multi-departmental review process to assess potential impacts. This ensures that events, from small community gatherings to large festivals, are conducted safely and with minimal disruption to residents and city services. Staff found that many of these regulations are similar to the requirements that are identified in the City of La Habra's special event permit application, including having an increased review timeline for larger events, limiting the number of events that a business holds each calendar year, and having special regulations for seasonal commercial sales lots.

Each city, while adhering to these general principles, has its own unique procedures and timelines. Staff’s research findings are summarized in Table 1 below.

TABLE 1: Staff Research 
City Permit Type Approval Authority Regulations and Limitations Application Timeline
Anaheim Special Event Permit Planning Director

Decisions may be appealed to the Planning Commission		 Duration and amount allowed:
  • No longer than nine consecutive calendar days. No business or organization shall be issued more than four special event permits during any calendar year.
Miscellaneous requirements:
  • Requires proof of insurance and an applicant affidavit.
  • Christmas Tree Lots and Pumpkin Patches have unique standards that differ from general outdoor special event.
 180 days prior to the event
Brea Temporary Use Permit Director of Development Services

Decisions may be appealed to the Planning Commission		 Duration and amount allowed:
  • Temporary uses and activities shall not exceed four calendar days and no business or organization shall be issued more than four temporary use permits in a given year.
Miscellaneous requirements:
  • Before approving the permit, the Director needs to make certain findings protecting the public peace, health, safety and general welfare.
  • Commercial seasonal sales lots are included in the same chapter as temporary use permits, but have special regulations.
 45 days prior to the event
Buena Park Temporary Use Permit Director of Community Development
 
Decisions may be appealed to the Planning Commission		 Duration and amount allowed:
  • Temporary uses shall not exceed 30 days in duration. 
  • Outdoor special event sales are limited to not more than three consecutive days in duration, nor more than three events per calendar year
Miscellaneous requirements:
  • The Director may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as he or she may deem necessary or expedient to protect the public peace, health, safety, or welfare of the City or its inhabitants
 30 days prior to event
Fullerton Special Event Permit Community Development Director

Planning Commission approval required for carnivals exceeding one-day

The City of Fullerton does not specify the approval authority for appeal		 Duration and amount allowed:
  • The City of Fullerton does not specify a maximum event duration or amount allowed per year
Miscellaneous requirements:
  • Requirements and conditions shall be imposed on any special event permit to protect the public health, safety and welfare
  • Separates special events from temporary commercial activity (such as sidewalk or parking lot sale)
 30 days prior to the event
 
Garden Grove Temporary Use/ Temporary Event Permit Director of Community Development

Decisions may be appealed to the city manager		 Duration and amount allowed:
  • Special Events may last up to four days in duration
  • Outdoor sales events may take place four times per calendar year and last up to four days in duration
Miscellaneous requirements:
  • The director may impose such conditions as are deemed necessary to protect public health, safety and welfare in order to make required findings.
 21 business days prior to a temporary use start date. 10 business days prior to the temporary event start date
Whittier Special Event Permit City Council 

City Council may authorize the city manager to act as the approval authority 		 Duration and amount allowed:
  • The City of Whittier does not specify a maximum event duration or amount allowed per year
Miscellaneous requirements:
  • Conditions shall be imposed by the city council or city manager on any special events permit whenever the public health, safety or welfare so requires.
  • Only non-profit organizations with their principal office located within the city may conduct special events.
 45 days prior to the event

Per the Council’s direction, staff has prepared the attached draft resolution and ordinance (Attachment No. 1) for the Planning Commission’s consideration and recommendation to the City Council. Following the Planning Commission’s action on the subject resolution, the City Council will then consider the proposed ordinance and Planning Commission’s recommendation at a noticed public hearing. Once the ordinance has received a first and second reading and been adopted by City Council, it will become effective 30 days after said adoption. 

FISCAL IMPACT/SOURCE OF FUNDING:

Costs associated with City-initiated amendments to the LHMC are included as part of the Planning Division’s annual budget. The fee to process a special event permit is included in the City of La Habra's FY 25/26 Master Schedule of Fees; the fee for a small special event permit is $32.00 and the fee for a large special event permit is $517.00. 
 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):

The proposal only consists of amending the La Habra Municipal Code. As such, no disturbance of soil is proposed. Thus, the proposal is exempt from the City’s National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2.

GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:

General Plan Relevance:
  • Goal LU 11: Diverse Districts and Corridors. Vital, active, prosperous, and well-designed commercial districts that provide a diversity of goods, services, and entertainment and contribute to a positive experience for visitors and community residents.
  • Goal CI 6: Community Events and Celebrations. A robust program of community events that celebrate the history, economy and local businesses, arts, health and well-being, and qualities of life of La Habra.
City Council Goals and Objectives:
  • Goal 5: Development Activity and Business Assistance
    • Objective J: Review the Zoning Code on an on-going basis and process amendments that ensure compliance with recent State legislation, streamline project processing, remove unnecessary regulations, and/or make the Zoning Code easier to implement.
 

Attachments