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.

Recommendation:

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 WEST 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.

The Planning Commission granted 30-day extensions to the time period for abatement on September 11, 2023, October 9, 2023, November 13, 2023, December 11, 2023, and January 8, 2024. The current extension expires on February 17, 2024.

Although the project will be the responsibility of the HOA to undertake, the City will have the responsibility of ensuring the work is being done in accordance with the plans, specifications and industry standards, and will assist the HOA with the development of the necessary documentation to help the HOA select qualified firms capable of undertaking the project. The City will also be responsible for directly distributing grant funds to the contractors/consultants retained by the HOA for work that has been completed and approved.

As outlined in prior staff reports, the City has entered into a grant agreement with the Department of Water Resources and has entered into a sub-grantee agreement with the HOA relating to the use of the funds allocated by the State. During the week of February 5, 2024, the City received a check in the amount of $8.5 million from the State for the project. The HOA is in the process of retaining a construction manager. Once the HOA hires a construction manager, the HOA will obtain bids from construction contractors for the contemplated work.

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 March 18, 2024.

 

There is no fiscal impact associated with the extension.