| Item No. 3. | |
| MEETING DATE: July 8, 2024 |
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| TO: | PLANNING COMMISSION |
| FROM: | SUSAN KIM, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT By: Ginger Ivey, Management Analyst II |
| SUBJECT: | EXTENSION OF TIME PERIOD FOR ABATEMENT FOR PUBLIC NUISANCE AT COYOTE VILLAGE LOCATED AT 901-997 W. Imperial Highway
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
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:
Recommendation:
That the Planning Commission adopt: 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.
That the Planning Commission adopt: 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.
DISCUSSION:
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 that 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, January 8, 2024, February 12, 2024, March 11, 2024, April 8, 2024, May 13, 2024, and June 10, 2024. The current extension expires on July 16, 2024.
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, January 8, 2024, February 12, 2024, March 11, 2024, April 8, 2024, May 13, 2024, and June 10, 2024. The current extension expires on July 16, 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. In early February 2024, the City received a check in the amount of $8.5 million from the State for the project.
In April 2024, the HOA executed an agreement with Willdan Engineering for construction management consulting services. The HOA is in the process of selecting a design-build firm and is expected to award a contract to the selected design-build firm in July 2024. Once the HOA enters into an agreement with the selected design-build firm, the work on the project will begin.
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 August 15, 2024.
FISCAL IMPACT/SOURCE OF FUNDING:
There is no fiscal impact associated with the extension.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES):
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.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
Abating the nuisance conditions relates to the following General Plan policies:
- LU 7: Livable Neighborhoods. A City composed of neighborhoods with a variety of housing types that are desirable places to live, contribute to the quality of life, and well maintained.
- LU 7.9: Housing Maintenance. Promote the maintenance of existing residential units and improvements to assure a quality and healthy living environment for residents and consistency with their neighborhood setting.
- LU 7.10: Code Enforcement. Preserve and enhance residential neighborhoods through enforcement of land use and property standards, ensuring that adjacent nonresidential uses are buffered from residences in harmonious and attractive ways.
Abating the nuisance condition relates to the following City Council Goal and Objective:
- GOAL 5 – Development Activity and Business Assistance: Objective C: Work closely with commercial and residential property-owners to improve and maintain the appearance of their properties.