That the City Council APPROVE THE FIRST READING OF ORDINANCE NO. CC 2026-__ ENTITLED:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, APPROVING ZONE CHANGE 26-0001 TO REPEAL CHAPTER 18.74 (NEIGHBORHOOD PRESERVATION, CODE ENFORCEMENT AND ABATEMENT) OF TITLE 18 (ZONING) AND CHAPTER 10.36 (ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES) OF TITLE 10 (VEHICLES AND TRAFFIC), ADD CHAPTER 8.16 (PUBLIC NUISANCES) TO TITLE 8 (HEALTH AND SAFETY), AMEND CHAPTER 18.72 (ENFORCEMENT) AND SECTIONS 18.12.120 (EXCEPTIONS TO PROVISIONS OF SECTIONS 18.12.100 AND 18.12.110) OF CHAPTER 18.12 (SPECIAL DEVELOPMENT STANDARDS), 18.16.060 (GENERAL REQUIREMENTS) OF CHAPTER 18.16 (WATER EFFICIENT LANDSCAPING AND WATER CONSERVATION), 18.23.100 (REMOVAL OF ILLEGAL SIGNS AND ABANDONED SIGNS – PUBLIC NUISANCE ABATEMENT) AND 18.23.110 (NONCONFORMING SIGNS) OF CHAPTER 18.23 (SIGN STANDARDS), AND 18.62.060 (STANDARDS OF DEVELOPMENT) OF CHAPTER 18.62 (WIRELESS COMMUNICATIONS FACILITIES), 18.64.040 (APPLICATIONS – CONTENTS) OF CHAPTER 18.64 (COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL CONDOMINIUM CONVERSION) OF TITLE 18 (ZONING), SECTIONS 13.20.030 (DESIGN) OF CHAPTER 13.20 (TEMPORARY SANITARY FACILITIES) AND 13.31.030 (IMPLEMENTATION) OF CHAPTER 13.31 (GROUNDWATER EXTRACTION AND EXPORTATION) OF TITLE 13 (PUBLIC SERVICES), AND SECTION 10.26.020 (BAIL SCHEDULE) OF CHAPTER 10.26 (BAIL SCHEDULE FOR PARKING OFFENSES) OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE LA HABRA MUNICIPAL CODE AND MAKING A DETERMINATION THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15378(b)(5) AND 15061(b)(3) OF THE CEQA GUIDELINES.

Title 18 (Zoning) of the LHMC primarily regulates public nuisances through Chapters 18.72 (Enforcement) and 18.74 (Neighborhood Preservation, Code Enforcement and Abatement). Some examples of the public nuisances that are regulated by these chapters include, but are not limited to, overgrown vegetation, maintenance of dilapidated structures, trash cans in public view, and abandoned buildings. Chapter 18.72 was adopted by Ordinance 729 in 1968 (as Chapter 10.5) and has not been significantly updated since that time, other than to renumber the chapter from 10.5 to 18.72, as part of a comprehensive zoning code update in 2010. 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). In addition, Chapter 10.36 (Abandoned, Wrecked, Dismantled or Inoperative Vehicles), which was adopted by Ordinance 1032 in 1978, and amended by Ordinance 1211 in 1983 and Ordinance 1499 in 1996, address nuisances created by abandoned, wrecked, dismantled or inoperative vehicles.

Chapters 18.72 (Enforcement) and 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) are primarily implemented by the Community and Economic Development (CED) Department's code enforcement staff, which consist of two inspectors, a senior inspector, and a supervisor, in close consultation with the City Attorney. Chapter 10.36 (Abandoned, Wrecked, Dismantled or Inoperative Vehicles) identifies the City's Chief of Police as the enforcement official for this chapter, when in practice Code Enforcement staff typically processes these cases. Code enforcement staff recently processed several public nuisance cases and, as a result of these cases, identified the need to update these chapters to more accurately and comprehensively reflect best practices and current procedures for enforcement and abatement of public nuisances. Some examples of the issues that staff identified, as well as how they are being proposed to be resolved are described in the paragraphs below.

 

Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code identifies the regulations that are typically included in a Zoning Code. Generally, these pertain to the use of buildings, structures, and land; signs; the size and use of lots, yards, courts, and other open spaces, including landscaping; the percentage of a lot which may be occupied by a building or structure; the intensity of land use; off-street parking and loading; building setback lines; and affordable housing. While Chapter 18.72 (Enforcement) pertains to violations of the Zoning Code; Chapter 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) pertains primarily to public nuisances that directly impact the health and safety of the community. The proposed ordinance recommends retaining Chapter 18.72 (Enforcement) in Title 18 (Zoning). The proposed ordinance would also repeal Chapter 10.36 (Abandoned, Wrecked, Dismantled or Inoperative Vehicles) and Chapter 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) and move these regulations to a new chapter 8.16 (Public Nuisances) within Title 8 (Health and Safety).

The Planning Commission typically has purview over discretionary decisions related to the Zoning Code; however, as identified above, the content of Chapter 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) is more aligned with Title 8 (Health and Safety). Therefore, in addition to moving Chapter 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) to Title 8 (Health and Safety), the proposed ordinance changes the review authority for an appeal of a Public Nuisance Determination from the Planning Commission to the City Council. It should be noted that Public Nuisance Determinations are infrequent, as are appeals to those determinations.

Staff, with the assistance of the City Attorney's office, has identified that the definitions and conditions that pertain to what constitutes a public nuisance are not sufficiently detailed within the LHMC; nor is there a public nuisance process in place to declare a property nuisance with follow-up steps to ensure effective abatement. The proposed ordinance clarifies these regulations, expands the list of public nuisances and includes a new public nuisance abatement process. For internal consistency, the proposed ordinance also replaces references to Chapter 18.74 with references to the new Chapter 8.16 in various sections of the La Habra Municipal Code.

Staff worked with the City Attorney to prepare Zone Change 26-0001 pertaining to public nuisances (See Attachment Nos. 4 through 15 to view the original code language and proposed redlined changes). Under Zone Change 26-0001, staff is proposing to amend each of the following sections of the LHMC as summarized in the table below:
 

Ordinance Section	Code Reference	Proposed Change
4	Section 18.12.120 (“Exceptions to Provisions of Section 18.12.100 and 18.12.110”) of Chapter 18.12 (“Special Development Standards”)	Remove reference to Chapter 18.74 (redline text is provided in Attachment 5)
5	Subparagraph (C)(3) of Section 18.16.060 (“General Requirements”) of Chapter 18.16 (“Water Efficient Landscaping and Water Conservation”)	Removes reference to Chapter 18.74 and replaces it with a reference to Chapter 8.16 (redline text is provided in Attachment 6)
6-7	Subparagraph (A)(2) and Subparagraph (B)(1)(d) of Section 18.23.100 (“Removal of Illegal Signs and Abandoned Signs – Public Nuisance Abatement”) of Chapter 18.23 (“Signs Standards”)	Removes references to Chapter 18.74 and replaces them with references to Chapter 8.16 (redline text is provided in Attachment 7)
8-9	Subparagraph (H) and Subparagraph (I) of Section 18.23.110 (“Nonconforming Signs”) of Chapter 18.23 (“Signs Standards”)	Removes references to Chapter 18.74 and replaces them with references to Chapter 8.16 (redline text is provided in Attachment 8).
10	Subparagraph (C) of Section 18.62.060 (“Standards of Development”) of Chapter 18.62 (“Wireless Communications Facilities”)	Remove reference to Chapter 18.74 (redline text is provided in Attachment 9)
11	Subparagraph (B)(7) of Section 18.64.040 (“Applications – Contents”) of Chapter 18.64 (“Commercial, Industrial, and Residential Condominium Conversion”)	Remove reference to Chapter 18.74 (redline text is provided in Attachment 10)
12	Chapter 18.72 (“Enforcement”)	Changes references to the Building and Safety Department to the Community and Economic Development Department. Provides more flexibility towards abatement of zoning violations. (redline text is provided in Attachment 11)
13	Chapter 18.74 (“Neighborhood Preservation, Code Enforcement and Abatement”)	Repeal in its entirety. (existing text is provided in Attachment 12 in redline)
14	Section 13.20.030 (“Design”) of Chapter 13.20 (“Temporary Sanitary Facilities”)	Changes provide that temporary restroom facilities be screened from public view. Violations can be declared a public nuisance. (redline text is provided in Attachment 13)
15	Subparagraph (C) of Section 13.31.030 (“Implementation”) of Chapter 13.31 (“Underground Extraction and Exportation”)	Removes reference to Chapter 18.74 and replaces it with a reference to Chapter 8.16 (redline text is provided in Attachment 14)
16	The reference to LHMC Section 10.36.030 in the table set forth in Section 10.26.020 (“Bail Schedule”) of Chapter 10.26 (“Bail Schedule for Parking Offenses”)	Removes reference to Section 10.36.030 and replaces it with a reference to Section 8.16.050(E) (redline text is provided in Attachment 15)
17	Chapter 10.36 (“Abandoned, Wrecked, Dismantled or Inoperative Vehicles”)	Repeal in its entirety (existing text is provided in Attachment 16 in redline)
18	Chapter 8.16 (“Public Nuisances”)	Creates a new Chapter 8.16 that comprehensively addresses public nuisance regulations, as previously regulated by Chapters 18.74 (Neighborhood Preservation, Code Enforcement and Abatement) and 10.36 (Abandoned, Wrecked, Dismantled or Inoperative Vehicles). The new chapter includes several new categories of public nuisances, including exterior lighting spilling into adjacent properties, storage pods on private property, canopies located in the front yard setbacks of residential properties, and storage of portable restrooms in public view. As proposed, Chapter 8.16 will include the following subsections: 8.16.010 Findings 8.16.020 Definitions 8.16.030 Substandard Property Conditions Designated 8.16.040 Nuisances Designated 8.16.050 Vehicles 8.16.060 Vacant Lots 8.16.070 Owner's responsibility for property maintenance 8.16.080 Notices and Citations 8.16.090 Abatement methods 8.16.100 Declaration of nuisance 8.16.110 Abatement hearing -- Notice 8.16.120 Abatement hearing -- Procedure 8.16.130 Appeal 8.16.140 Abatement order service. 8.16.160 Abatement cost -- Report. 8.16.170 Abatement cost -- Hearing 8.16.180 Abatement cost -- Collection 8.16.190 Violation -- Penalty 8.16.200 Violation -- Civil proceedings 8.16.210 Emergency Abatement 8.16.220 Unlawful interference. 8.16.230 Code Enforcement Fees. The entire chapter is provided as Attachment 17.

The proposed amendments will also achieve the following Fiscal Year 2025-2026 City Council Goals and Objectives:

o Objective A. Identify blighted properties within the community and prepare targeted strategies to address the challenge.

o Objective C. Work closely with commercial and residential property-owners to improve and maintain the appearance of their properties.