The appeal was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be exempt pursuant to Section 15061(b)(3) of the CEQA guidelines because the receipt of the appeal is not a "project" and have no possibility of having a significant effect on the environment.

That the Planning Commission receive and file the attached appeal of public nuisance filed by the Coyote Village Homeowners Association.

The Coyote Village Homeowners Association (“HOA”) is located at 965 W. Imperial Highway. This privately-owned condominium complex contains a covered storm drain that has collapsed multiple times in recent years. On March 15, 2023 during a heavy rainstorm, a large section of the covered drain collapsed into the drain and blocked the free flow of water, causing significant risk of harm to nearby residents. The HOA requested the City provide immediate assistance to clear the blockage, so the City mobilized a construction crew to address the situation. The blockage was cleared and additional steps were taken with the HOA’s written consent to reduce the risk of future collapses.

Under the provisions of Chapter 18.74 of the La Habra Municipal Code, the City’s Community Preservation Department sent the HOA a notice of public nuisance stemming from the March 15, 2023 collapse and the City’s abatement work. Chapter 18.74 authorizes an appeal of a notice of public nuisance to the Planning Commission. The City’s code requires that the appeal be presented as an information item at the next Planning Commission meeting and the appeal hearing occur within 60 days. Staff anticipates holding the hearing on or before the regular June 12, 2023 meeting.

There is no fiscal impact associated with this item.

The proposal has been reviewed pursuant to the requirements of 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. Since no disturbance of soil will occur, this request is exempted by the Water Quality Ordinance from the preparation of a WQMP.