That the City Council direct staff to initiate amendments to the La Habra Municipal Code related to Noise Variances, Public Nuisances, and Special Event Permits.

Community and Economic Development Department staff, in consultation with the City Attorney, have identified three areas in the La Habra Municipal Code (LHMC or "Code") that staff recommends updating. The three sections are Noise Variances, Public Nuisances, and Special Event Permits.

Noise Variances
Chapter 9.32 (Noise Control) of the LHMC includes the City's noise ordinance, which regulates unnecessary, excessive and annoying sounds. This chapter sets standards for interior and exterior noise. Exterior noise levels are generally limited to 55 decibels ("dB(A)"), during the day between 7:00 a.m. and 10:00 p.m., and 50 dB(A), at night between 10:00 p.m. and 7:00 a.m. Interior noise levels are generally limited to 55 dB(A), during the day between 7:00 a.m. and 10:00 p.m., and 45 dB(A), at night between 10:00 p.m. and 7:00 a.m. For reference, 40 dB(A) is about the sound of a quiet library and 60 dB(A) is about the sound of a normal conversation. These are general limitations, and there are several exceptions, including noise sources associated with construction, repair work, remodeling, or grading of any real property, provided the activities do not take place at night, between 8:00 p.m. and 7:00 a.m, or at any time on Sunday or a federal holiday. The City Council last updated Chapter 9.32 (Noise Control) in 1989. The full text of Chapter 9.32 is provided as Attachment 1.

Staff recently received requests for noise variances to allow for construction work during nighttime hours. As staff reviewed Chapter 9.32 regarding the requested variances, it was determined that the variance process outlined in Chapter 9.32 includes outdated references to obsolete County of Orange ordinances and a "Noise Variance Board" of individuals appointed by the Orange County Board of Supervisors, which no longer exists. The only changes that staff is currently proposing to Chapter 9.32 of the City's Municipal Code are to provide the Director of Community and Economic Development with approval authority for noise variance requests, and allow the Director's decisions to be appealed to the Planning Commission.  
 
Public Nuisances
Chapters 18.72 (Enforcement) and 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) both regulate the actions that the City can take to address a public nuisance. Chapter 18.72 was adopted by Ordinance 729 in 1968 (as Chapter 10.5) and has not been significantly updated since that time. In 2010, as part of a comprehensive zoning code update, the chapter was renumbered Chapter 18.72. The full text of Chapter 18.72 is provided as Attachment 2. Chapter 18.74 was adopted by Ordinance 1478 in 1994, and has only been updated to clarify the penalty for not maintaining a property (in 2000), requirements to maintain and secure vacant properties (in 2003), changes in chapter numbering (in 2010), and maintenance requirements for artificial turf (in 2011). The full text of Chapter 18.74 is provided as Attachment 3. Staff recently processed several public nuisance determinations and, as a result of these cases, identified the need to update these chapters. Staff proposes to update and consolidate Chapters 18.72 and 18.74 to more accurately and comprehensively reflect best practices and current procedures for enforcement and abatement of public nuisances. These changes will be described in detail as part of the draft ordinance.

Special Event Permits
The conditions required to hold temporary outdoor promotional events on private property conducted as part of an existing business or in conjunction with a non-profit organization are identified and permitted within the City of La Habra upon the granting of a Special Event Permit. Temporary outdoor sales do not include seasonal commercial sales, such as Pumpkin Patches and Christmas Tree Lots, which are governed by LHMC Section 5.04.610. The requirements and fees to process a Special Event Permit are identified in the application document, and for large events, additional information is required to be submitted through the Planning Division General Information Packet (see Attachments 4 and 5). Staff determined that these requirements and fees are not codified in the LHMC, which can impede enforcement efforts and potential fee increases. Therefore, staff is proposing to amend the LHMC to codify the City's requirements for Special Event Permits issued for events held on private property.

Next Steps
If the City Council directs staff to initiate the proposed updates to the LHMC, staff will prepare one or more draft ordinances to implement these changes. The Planning Commission will review any proposed changes to Title 18 (Zoning) of the LHMC at a noticed Public Hearing. The Planning Commission will, by resolution, make a recommendation to the City Council on the adoption of these changes. Any changes to the LHMC, outside of Title 18, are not within the purview of the Planning Commission so those changes will be submitted directly to the City Council for consideration. The City Council will then review the draft ordinance, or ordinances, at a Public Hearing and will introduce the draft ordinance(s) for approval at a later date. If the City Council chooses to adopt the ordinance(s) at the subsequent meeting, they will become effective 30 days thereafter.

Costs associated with City-initiated amendments to the LHMC that pertain to the activities of the Community and Economic Development Department are generally assumed as part of the Department's annual budget.

Applicable City Council Goal and Objectives: Goal 5: Development Activity and Business Assistance: