Every dwelling, commercial, manufacturing or industrial building shall be on a lot having frontage upon a dedicated street. Exception: No building permits shall be issued on any lot not having frontage on a dedicated street until the applicant has applied for and secured a zone variance as per Chapter 18.76.
(Ord. 1719 § 1, 2010)
No penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment; towers, steeples or other structures shall exceed the height limit provided in this title as per Table 18.12.020.1. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than thirty feet above the height limit provided in this title; provided, however, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.
Table 18.12.020.1
BUILDING HEIGHT ZONE SUMMARY1
Zone
Maximum Building Height
Stories
Feet
R-1a
2 ½
35
R-1b
2 ½
35
R-1c
2 ½
35
R-2
2 ½
35
R-3
2 ½
35
R-4
4
50
R-5
4
40
R-6
4
40
R-7
5
50
MHP
2 ½
35
C-P
2 ½
35
C-R2
4
50
C-1
2 ½
35
C-2
4
50
C-2S
4
50
C-3
6
75
C-U3
—
—
M-1
6
75
Accessory buildings
2
35
1
Summary for information purposes only. Refer to specific zone requirements for code provisions.
2
Additional height provided by conditional use in C-R zone.
3
Same as adjacent zones.
(Ord. 1852, 12/4/2023)
The following regulations shall apply to the location of accessory buildings unless otherwise provided in this chapter:
A. 
No accessory buildings in the any residential zones may exceed two stories, or thirty-five feet in height.
B. 
No accessory buildings in the any residential zone shall be located at a distance less than sixty percent of the depth of the lot from the front property line, or ninety feet whichever is less.
C. 
On a corner lot, no detached accessory buildings in any residential zone shall be located at a distance less than ten feet from the side street line. On a corner lot no detached garage in any residential zone shall be located at a distance less than twenty feet from the side street line when the garage door faces the street.
D. 
No accessory buildings in any residential zones, if two stories in height, shall be located nearer than five feet to any interior property line.
E. 
No accessory buildings on the rear twenty-five feet of a reversed corner lot in any residential zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.
F. 
A private garage in the R-1 and R-2 zones of not to exceed six hundred square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if connected by a roof of not less than five feet in width. Such attached garage may extend into the required rear yard for a distance of not more than fifteen feet.
G. 
A private garage may be connected to a single-unit residence with an unenclosed breezeway, and in such cases, the garage need not be considered part of the main building for purposes of maintaining the required rear yard provided, that the garage is not closer than ten feet from the main building.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019; Ord. 1853, 12/18/2023)
On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.
(Ord. 1719 § 1, 2010)
The area of the required front yard setback, except for required driveways and walks, shall be landscaped and maintained with evergreen or similar plant and lawn material at all times and shall otherwise be open and unobstructed. It is unlawful for any person to utilize the required front yard setback or the side yard on the street side of a corner lot for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing or similar items. Any yard setback that is required by this title, shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:
A. 
Cornices, canopies, carports, eaves or other similar architectural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed two feet six inches.
B. 
Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet; provided, however, that an open work railing not more than thirty inches in height may be installed or constructed on any such porch, platform or landing place.
C. 
Detached accessory buildings may occupy side and rear yards as provided in Section 18.12.030.
D. 
A patio roof may extend into a required rear yard setback no more than fifteen feet; provided, however, the patio is unenclosed on no less than two sides. For purposes of this subsection, an "enclosure" shall be a wall of solid material either transparent or opaque except that a wall of a height of three feet or less shall not be considered to constitute an enclosure.
E. 
An addition for habitable purposes into an existing single-unit structure may encroach a maximum of fifteen feet into the required rear yard setback, subject to the following provisions:
1. 
For the purposes of this chapter, an existing single-unit structure shall be one for which the certificate of occupancy was issued at least one year prior to the approval of any encroachment allowed by this chapter.
2. 
Any addition allowed by this chapter shall be deemed by the planning department of the city to be similar to and compatible with the architecture of the existing structure with particular reference to the roof line, the roof covering and the exterior wall surface.
3. 
A minimum of one thousand square feet of usable yard area as defined in this section shall be provided.
4. 
A minimum setback of ten feet from the rear property line shall be maintained.
F. 
Any motor vehicle, trailer, boat or similar items and parts may be temporarily placed on the required landscaped front yard setback for purposes of maintenance, repairs and similar activity for a period not exceeding a total of four consecutive hours and not less than twenty-four hours shall elapse between the last placement period and any subsequent placement period. Any person who violates any of the provisions of this subsection shall be guilty of an infraction.
(Ord. 1719 § 1, 2010; Ord. 1853, 12/18/2023)
A. 
Dwelling units in any zone shall be provided with usable yard space as follows: At least one thousand square feet for one through four dwelling units plus two hundred fifty square feet for additional dwelling units or as otherwise provided in this title. Such usable yard area shall have no dimension less than fifteen feet, except that not more than twenty-five percent of the required usable yard area may have a minimum dimension of twelve feet. This area may be provided at any location on the lot except in the required front yard or in a required side yard abutting a street. Such space may be divided into not more than two separate sub areas.
B. 
The usable yard area required by this section shall not be used for parking, driveways, automobile turning areas or accessory buildings. The maximum gradient for usable yard area shall be five percent.
(Ord. 1719 § 1, 2010)
A. 
In all residential zones no fence, wall or hedge located in the rear or side yards shall exceed a height limit of six feet. Exception: Where the rear or side yard directly abuts a minimum of a four-lane highway, an eight-foot-high block wall may be constructed along or within ten feet of the rear or side property line. This exception shall not apply if a drive approach exits within these setback areas. The maximum height of the wall shall be measured from the highest grade at the walls location. Regardless of wall or fence height or location, all graffiti shall be removed within seventy-two hours of its discovery. All damaged walls or fences shall be repaired within seven days of its damage or as approved by the chief planner.
B. 
In all residential zones no fence, wall or hedge located in the required front yard shall exceed a height of three feet.
C. 
In all residential zones no fence, wall or hedge located along the street side of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of three feet.
Exception: Where the key lot to the rear is located at a higher elevation than the reversed corner lot, such fence, wall or hedge on the lower reversed corner lot may be increased in height in equal proportion to the increase in elevation of the key lot to the rear, but shall in no case exceed a height of six feet. Such fence, wall or hedge shall not exceed a height of three feet in the required front yard of the reversed corner lot.
D. 
In all residential zones no barbed wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three feet of the lines, and no sharp wire or points shall project at the top of the fence or wall six feet or less in height.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019)
Any person developing or improving land, which adjoins property, classified for a higher use, or any person constructing a building on land adjoining property classified for a higher use shall also construct or cause to be constructed a solid masonry wall in accordance with the following provisions:
A. 
In all multi-unit zone, a solid masonry wall six feet in height shall be provided between all off-street automobile parking areas located therein and all adjoining property classified for single-unit uses, except that such wall, from the front property line to a depth equal to the required front yard on the abutting R classified property, shall be three feet in height.
For purposes of this section, off-street automobile parking areas shall include private driveways and all other private ingress and egress areas in connection therewith.
B. 
In all C and M classified zones, a solid masonry wall six feet in height shall be provided between all such C and M classified property and all abutting property classified for R uses, except that such wall, from the front property line to a depth equal to the required front yard on the abutting R classified property, shall be three feet in height.
C. 
Where a wall as required by this title is constructed between properties having different grade levels, the height of such wall shall be established as follows:
1. 
Where the property classified for the heavier use is located on the lower grade level, the required wall height shall be measured from the finished grade of the lower property at the wall location, provided, that the wall shall extend not less than four above the finished grade of the higher property. In lieu of such three-foot wall extension, an approved type fence or barrier may be constructed.
2. 
Where the property classified for the heavier use is located on the higher grade level the required wall height shall be measured from the finished grade of the higher property at the wall location; provided, that such a wall does not exceed an overall height of ten feet measured from the finished grade at a lower level. Where such difference in grade levels would require a wall having an overall height greater than ten feet at least two walls shall be constructed forming a terrace or approved slope between the top of the lower wall and the base of the higher wall.
D. 
The foregoing provisions of this section shall apply only to property developed or improved after the effective date of this amendment (effective date September 2, 1960) and to property where a building construction project has commenced after the effective date of this amendment.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019; Ord. 1853, 12/18/2023)
A. 
The occupancy of a house trailer, whether on wheels or a foundation, for living purposes, either temporary or permanent, other than in regularly established trailer parks, is declared to be a nuisance and is prohibited.
The phrase "house trailer" as used in the first paragraph of this subsection includes any motor vehicle, boat or other device used for living or sleeping purposes.
Exception: House trailers may be occupied for living purposes on a temporary basis outside of a regularly established trailer park for a period of time not to exceed twelve months upon the granting of a conditional use permit as set forth in this title. Such conditional use permit may be granted only if the house trailer is incidental to the primary use of the property and is to be used in conjunction with the primary approved use. Approval of such a conditional use permit is subject to site plan review by the planning commission. Such site plan shall show that the placement of the housetrailer complies with all zoning code requirements, is compatible with all existing development on the parcel and will not have a detrimental effect upon surrounding properties. No house trailer may be occupied outside of a regularly established trailer park in any residential zone.
B. 
No person shall leave or park any house trailer, travel trailer, mobile home, airplane, boat or mounted or unmounted camper upon any public street or highway between the hours of one a.m. and six a.m. of any day, or at any time upon any public property, except by special permission from the police department to allow for the loading or unloading, but not to exceed forty-eight hours.
C. 
No portion of any required front yard or side yard on the street side of a corner lot shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, garbage or trash receptacles, or building materials, except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises.
"Permanent storage," as used in this section, means parking for a period of seventy-two or more consecutive hours in the required front yard or side yard, and not less than forty-eight hours shall elapse between the last storage period and any subsequent storage period.
(Ord. 1719 § 1, 2010)
All future development of automobile service stations shall be in compliance with minimum site development standards for service stations as adopted by the planning commission and city council. The minimum site development requirements shall not become operative for an existing station for ten years from the effective date of this section, unless such station is remodeled or enlarged.
(Ord. 1719 § 1, 2010)
A. 
The display of tires and automotive supplies shall be restricted to within five feet of the central business office, on the pump island or in an accessory building.
B. 
No vehicles shall be parked or stored upon the premises except vehicles being serviced, vehicles of employees, or service vehicles used in the operation of the station.
C. 
Sale of items not clearly incidental to the automotive industry shall not be permitted outside of a building except when dispensed from a dispenser abutting the building.
D. 
An adequate trash area shall be provided. Such area shall be equipped with trash receptacles with lids that are kept closed.
E. 
Vending machines shall not block sidewalks or passageways.
F. 
Lease or rental of vehicles or equipment shall be under conditional use permit only.
(Ord. 1719 § 1, 2010)
A. 
All refuse shall be stored within trash containers, which meet city standards. Except when temporarily placed for pickup, all such containers shall be located and screened so as not to be in public view.
B. 
All nonresidential uses, as well as mobile home parks and group quarters in commercial and industrial zones shall provide trash enclosures for the purpose of screening the trash container(s) from public view, maintaining any loose debris within the enclosure, providing a permanent location for the container(s) that will not encroach upon driveways, parking, pedestrian, and emergency access areas. Exemption: Temporary uses shall not be required to provide an enclosure. All trash enclosures shall conform to the following standards:
1. 
All required trash enclosures shall accommodate, at a minimum, a three-yard refuse bin and a ninety-six-gallon refuse/recycling cart. The minimum city standard shall be fifteen feet long by six feet wide.
Anyone proposing a size different than the city standard must submit data on waste generation amounts and the reasons why a different size enclosure is appropriate. The director of public works, shall have the authority to approve trash enclosures of other sizes.
2. 
All required trash enclosures shall be constructed of masonry block or concrete tilt-up and shall be designed to be architecturally compatible with the buildings on the site.
3. 
Structural and architectural features shall be subject to approval by the planning and building departments.
4. 
Enclosures for compactors located outside of any building shall be constructed to be architecturally compatible with the buildings on site and shall be subject to approval by the planning and building departments.
5. 
The placement of the enclosures shall be in a manner which provides adequate space for pickup of both trash and recyclables.
C. 
More than one enclosure may be required, based on the size of the parcel and/or intensity of use, as determined by the director of public works.
D. 
All trash enclosures and adjacent paving shall be maintained in good condition at all times.
E. 
Upon written acceptance from the franchised agent for trash disposal, the requirement for a trash enclosure may be waived by the director of public works for a trash compactor, provided that the storage of the compactor and all trash shall be kept within the building and that the type and amount of trash will not create a public nuisance.
(Ord. 1719 § 1, 2010)
A. 
Permit Requirement. Permanent outdoor seating/dining areas can be permitted for approved restaurants on private property subject to the following requirements:
1. 
Outdoor dining areas that are less than or equal to fifty percent of the restaurant's total floor area are subject the approval of an administrative adjustment.
2. 
Outdoor dining areas that are larger than fifty percent of the restaurant's total floor area are subject to the approval of a modification to a restaurant's conditional use permit.
B. 
Operational Restrictions.
1. 
Patron tables and other outdoor dining area components shall be located on the same site as the restaurant, on private property.
2. 
Approval to serve alcoholic beverages within the outdoor dining area is subject to the following:
a. 
Restaurants with a conditional use permit to serve alcoholic beverages inside the restaurant may serve alcoholic beverages in the outdoor dining area subject to the approval of an administrative adjustment if the outdoor dining area is less than or equal to fifty percent of the restaurant's total floor area.
b. 
Restaurants with a conditional use permit to serve alcoholic beverages inside the restaurant may serve alcoholic beverages in the outdoor dining area subject to the approval of a modification of a conditional use permit if the outdoor dining area is greater than fifty percent of the restaurant's total floor area.
c. 
Restaurants without a conditional use permit to serve alcoholic beverages inside the restaurant may concurrently request to serve alcoholic beverages inside the restaurant and within the outdoor dining areas subject to the approval of a conditional use permit.
d. 
New restaurants may concurrently request to serve alcoholic beverages inside the restaurant and within the outdoor dining areas subject to the approval of a conditional use permit.
3. 
The display of merchandise within the outdoor dining area is prohibited.
4. 
All proposed furnishings shall not obstruct or restrict motor vehicle lines of sight.
5. 
Applicants that request outdoor dining areas that are larger than fifty percent of the restaurant's total floor area shall prepare a parking study to analyze the on-site parking impacts, prepared by a California licensed civil or traffic engineer.
6. 
Outdoor dining areas located within the front setback or street side setback are not permitted.
7. 
Outdoor dining area components shall be arranged so as to comply with all federal, state and local laws, including, but not limited to, the Americans with Disability Act.
8. 
Access to fire hydrants, fire lanes and building entrances/exists shall not be obstructed.
9. 
Restaurant operator is required to obtain Orange County health care agency approval.
10. 
The use of amplified music or live entertainment within the outdoor dining area is prohibited.
11. 
Appropriate outdoor lighting shall be provided.
C. 
Design Requirements.
1. 
All fences/enclosures shall be of durable materials, structurally sound, aesthetically pleasing and compatible with on-site improvements.
2. 
The use of temporary tents or canopies is prohibited.
D. 
Application Requirements.
1. 
Completed administrative adjustment or modification application form, as applicable per the above requirements.
2. 
Application fees as per the master fee schedule.
3. 
A site plan of the property, drawn to scale, that identifies the location of the outdoor dining area.
4. 
Floor plan of the outdoor dining area, drawn to scale, that identifies all proposed tables, chairs, umbrellas, lighting, fencing/enclosure materials, gates, and any other proposed structural improvements.
5. 
Radius map package for public notification.
6. 
Operational characteristics to include proposed hours of operation for the outdoor dining area.
E. 
Violations. Failure to comply with the conditions of approval may involve possible suspension or revocation of the administrative adjustment or modification pursuant to La Habra Municipal Code (LHMC) 18.66.100.
(Ord. 1719 § 1, 2010; Ord. 1839 § 3, 2022; Ord. 1847 § 3, 2022)
A. 
Generally.
1. 
This section establishes standards for accessory dwelling units (ADUs) in accordance with California Government Code Section 66314 et seq. and junior accessory dwelling units (JADUs) in accordance with California Government Code Section 66333 et seq. These standards are intended to allow for ADUs and JADUs as important forms of affordable housing, while preserving the character and integrity of La Habra's residential uses and neighborhoods.
2. 
For purposes of this section, "primary dwelling" shall mean as follows:
a. 
In the case of a single-unit residential zone, the existing single-unit dwelling, or the larger of two proposed units.
b. 
In the case of any other residential or mixed-use zone in which a single-unit dwelling exists on the property, the existing dwelling.
c. 
In the case of a multi-unit or mixed-use zone which allows a residential use, the existing or proposed multi-unit units.
3. 
For purposes of this section, "multi-unit dwelling" shall have the same meaning as "multifamily dwelling" as defined under State ADU law, which means a structure with two or more attached dwellings on a single lot.
4. 
The definitions set forth in California Government Code Section 66313 et seq. relating to ADUs and JADUs shall control if not defined herein.
5. 
In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the mandatory requirement of state law shall control, but only to the extent legally required.
B. 
Applications - ADUs and JADUs.
1. 
Applications for ADUs and JADUs shall be ministerially approved or denied within sixty days of receipt of a complete application. An application shall be approved if it complies with the requirements of this section.
a. 
If the application is submitted in conjunction with an application for a new single-unit or multi-unit dwelling, the application for the ADU or JADU shall not be approved or denied until the application for the new single-unit or multi-unit dwelling is approved.
b. 
If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty days of a complete application.
c. 
If a detached garage is to be replaced with an ADU, the demolition permit shall be reviewed with the application for the ADU and issued at the same time.
d. 
The city shall grant a delay if requested by the applicant.
e. 
If the city does not approve or deny the completed application within sixty days, the application shall be deemed approved.
f. 
Notwithstanding the above, if the applicant uses a plan for an ADU that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached ADU approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application.
2. 
All applications for ADUs and JADUs shall be accompanied by an application fee.
3. 
ADUs and JADUs shall be subject to application, inspection and permit fees.
4. 
An application for an ADU or a JADU shall not be denied due to the need to correct nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit.
5. 
Approval of an ADU or a JADU shall not be conditioned on the correction of a nonconforming zoning condition.
C. 
Unpermitted Structures Constructed Prior to January 1, 2020. The following provisions apply to structures constructed prior to January 1, 2020.
1. 
No application or permit shall be denied for an unpermitted ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:
a. 
The ADU or JADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code (commencing with Section 17960); or
b. 
The ADU or JADU does not comply with state law or the provisions of the La Habra Zoning Code regulating ADUs or JADUs.
2. 
The provisions of Section 18.12.150.C.1, above, shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to California Health and Safety Code Section 17920.3.
3. 
The city shall inform a homeowner that, before submitting an application for a permit for an unpermitted structure, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.
4. 
Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards. Such inspection will be subject to applicable inspection fees.
5. 
A homeowner shall not be required to pay impact fees or connection or capacity charges for a previously unpermitted unit except when utility infrastructure is required to comply with California Health and Safety Code Section 17920.3 and when the fee is authorized by California Government Code Section 66324(e).
6. 
Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an unpermitted ADU that substantially reads as follows:
You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the Director of Community and Economic Development. If the Building Official determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
D. 
Utilities and Fees.
1. 
All ADUs and JADUs must be connected to public utilities including water, electric, and sewer services.
2. 
Impact Fees.
a. 
No impact fee shall be imposed on any ADU less than seven hundred fifty square feet in size.
b. 
For ADUs seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
c. 
All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq.
d. 
For purposes of this section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.
3. 
Connection Fees/Capacity Charges.
a. 
An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-unit dwelling.
b. 
For an ADU contained within a proposed or existing single-unit dwelling meeting the requirements of Section 18.12.150.N.1.a, below, the city shall not impose a connection fee or capacity charge, unless the unit is being constructed with a new single-unit dwelling. For all other ADUs, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.
c. 
A JADU shall not be considered to be a separate or new dwelling unit for purposes of providing water, sewer, or power.
E. 
Areas of Insufficient Water and Sewer Service. New ADUs are prohibited if the city engineer determines the surrounding residential neighborhood has insufficient water or sewer service and such area has been designated on a map created and maintained by the city engineer showing these areas. Such map shall be posted on the city's website and promptly made available to the public upon request. The city engineer shall update the map periodically. This subsection shall not apply to ADUs approved pursuant to Section 18.12.150.N, below.
F. 
Prohibition Against Separate Sale of ADU. An ADU shall not be sold or conveyed separately from the primary dwelling, except as allowed by California Government Code Section 66341.
G. 
Number of ADUs and JADUs. Except as specified in Section 18.12.150.N, below, only one ADU and one JADU may be built on a single-unit residentially zoned lot. ADUs shall only be allowed in conjunction with multi-unit dwelling units as provided for in Section 18.12.150.N, below.
H. 
ADUs as Transient Lodging. ADUs and JADUs may not be rented for periods of less than thirty-one days.
I. 
General Standards.
1. 
ADUs and JADUs are not included in density calculations, are considered residential uses consistent with zoning and general plan designations, and may count as a dwelling unit for purposes of identifying adequate sites for housing.
2. 
ADUs and JADUs must satisfy the requirements of Title 15 of this code ("Buildings and Construction") and any other applicable provisions of the California Building Standards Code, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
3. 
Fire sprinklers shall not be required if they are not required for the primary dwelling and the construction of an ADU shall not trigger a requirement for sprinklers to be installed in the existing primary unit.
4. 
The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1.
J. 
Nonconformities. ADUs and JADUs approved under this section shall not be required to correct lawfully constructed physical improvements that do not conform with current zoning standards.
K. 
Development Standards - ADUs.
1. 
Where Allowed. An ADU is permitted on any lot where single-unit or multi-unit dwellings are a permitted use. An ADU is also allowed on a lot where single-unit or multi-unit dwellings are a conditionally permitted use, provided that the lot contains or will contain either a single-unit or multi-unit dwelling. An ADU is allowed within, attached to, or detached from the primary unit in accordance with the provisions of this section.
2. 
ADUs must be constructed using the same roof style as the primary unit.
3. 
Any street-facing elevation of an ADU must include a minimum of three features that compose a unified architectural style, including but not limited to:
a. 
Wall cladding (siding, stone and/or veneer, or similar);
b. 
Window trims/sills;
c. 
Window awning or shutters;
d. 
Plaster bands to distinguish first and second stories; and
e. 
Architectural exterior light fixtures.
4. 
Height. ADUs are subject to the same height standards that apply to primary dwellings on the lot in the applicable zoning district as set forth in Section 18.12.020 of this code.
5. 
Relationship to Residential Structures.
a. 
An ADU may be within, attached to, or detached from an existing or proposed single-unit or multi-unit residential structure or accessory structures, including garages.
b. 
An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.
c. 
An ADU may be constructed above an existing, lawfully constructed structure, provided it does not exceed the height limits set forth in Section 18.12.150.K.4, above.
6. 
Maximum Unit Size.
a. 
Existing accessory structure one thousand fifty square feet or less. When an existing accessory structure with a floor area of one thousand fifty square feet or less is converted to an ADU, the floor area may be increased up to a maximum of one thousand two hundred square feet.
b. 
Existing accessory structure greater than one thousand fifty square feet. The physical dimensions of an existing accessory structure with a floor area greater than one thousand fifty square feet may be increased by not more than one hundred fifty square feet, but only for the purpose of providing ingress or egress.
c. 
New Construction. The floor area of a new detached ADU may not exceed one thousand two hundred square feet. The floor area of a new attached ADU may not exceed eight hundred fifty square feet for an ADU with zero to one bedrooms, or one thousand square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of a new attached ADU shall not exceed fifty percent of the existing primary dwelling.
d. 
Existing home designated as ADU. If a lot contains an existing single-unit dwelling of no more than one thousand two hundred square feet in size, the existing single-unit dwelling may be designated as an ADU as part of a project to construct a new single-unit dwelling on the lot.
e. 
There is no size limit on an ADU created within an existing or proposed primary dwelling.
7. 
Setbacks.
a. 
Front setback: Per the base zoning standard.
b. 
Side setback: Four feet.
c. 
Rear setback: Four feet.
d. 
Building separation: Detached ADUs must be at least ten feet from any other building on the lot.
e. 
Conversion of existing structure. No additional setbacks are required for an existing constructed structure that is converted to an ADU.
f. 
Second story. No additional setbacks are required when constructing an ADU above an existing lawfully constructed structure.
8. 
Parking.
a. 
In addition to the required parking for the primary dwelling, one parking space shall be provided for an ADU unless the ADU has no bedrooms (e.g., a studio), in which case no parking space is required. The required parking space may be provided as tandem parking on a driveway in a manner that does not encroach onto a public sidewalk or in a setback area, and otherwise complies with city parking requirements unless the director determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.
b. 
Notwithstanding the foregoing, no parking space(s) shall be required for an ADU if:
i. 
It is located within one-half mile walking distance of public transit such as a bus stop, bus station, train station, etc.;
ii. 
It is located within an architecturally and historically significant district;
iii. 
It is part of a proposed or existing primary residence or an accessory structure;
iv. 
On-street parking permits are required but not offered to the occupant of the ADU;
v. 
There is a car share vehicle located within one block of the ADU; or
vi. 
The permit application for the ADU is submitted with a permit application to create a new single-unit dwelling or new multi-unit dwelling on the same lot, provided that the ADU or the parcel satisfies all other criteria listed in this subsection relating to parking requirements.
c. 
When a garage, carport, covered parking space, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.
L. 
Waiver of Development Standards. Development standards relating to the size of an ADU, including size based on a percentage of the primary dwelling, limits on lot coverage, floor area ratio, open space, front setbacks, building separation and minimum lot size shall be waived to the extent required to allow construction of an eight hundred square foot ADU.
M. 
Development Standards - JADUs.
1. 
Where Allowed. One JADU shall be allowed within an existing or proposed single-unit dwelling, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 18.12.150.N, below.
2. 
Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.
3. 
Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling.
4. 
Sanitation Facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-unit residence and shall have direct access to the single-unit residence from the interior of the dwelling unit.
5. 
Parking. No additional parking shall be required for a JADU.
6. 
Building Standards. JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-unit residence.
7. 
JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.
8. 
Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following:
a. 
The JADU shall not be sold separately from the single-family residence.
b. 
The JADU is restricted to the maximum size of five hundred square feet.
c. 
The JADU may not be rented for a period of less than thirty-one days.
d. 
A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.
e. 
The deed restriction shall be binding upon any successor in ownership of the property.
N. 
Mandatory Approvals.
1. 
Notwithstanding any other provision of this section, pursuant to California Government Code Section 66323, the city shall ministerially approve an application for a building permit within any residential or mixed-use zone to create any of the following:
a. 
One ADU and one JADU within the existing or proposed space of a single-unit dwelling or accessory structure.
i. 
An existing accessory structure may be expanded by up to one hundred fifty square feet solely for the purpose of accommodating ingress and egress to an ADU.
ii. 
The ADU and/or JADU must have exterior access from the proposed or existing single-unit dwelling.
iii. 
The side and rear setbacks must be sufficient for fire and safety.
iv. 
If the unit is a JADU, it must comply with the requirements of California Government Code Section 66333 et seq., as further set forth in Section 18.12.150.M, above.
b. 
One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with an existing or proposed single-unit dwelling. The ADU may be combined with a JADU described in Section 18.12.150.N.1.a, above. The ADU shall not exceed eight hundred square feet and shall not exceed the height limits allowed in the underlying zone as set forth in Section 18.12.020 of this code.
c. 
On a lot with an existing multi-unit dwelling structure, up to twenty-five percent of the total multi-unit dwelling units, but no less than one ADU, within portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each ADU complies with state building standards.
d. 
On a lot with an existing multi-unit dwelling structure, up to eight detached ADUs, provided that the number of ADUs on the lot shall not exceed the number of existing units on the lot. Setbacks shall be limited to side and rear setbacks of no more than four feet. If the existing multi-unit dwelling has a rear or side setback of less than four feet, the city shall not require modification as a condition of approving the application for the proposed ADU(s). The height shall not exceed the height limits allowed in the underlying zone as set forth in Section 18.12.150 of this code.
e. 
On a lot with a proposed multi-unit dwelling structure, up to two detached ADUs. Side and rear yard setbacks shall be no more than four feet. The height shall not exceed the height limits allowed in the underlying zone as set forth in Section 18.12.020 of this code.
2. 
The city shall not require the correction of nonconforming zoning conditions as a condition of approving the application for the proposed ADU(s).
3. 
An ADU and/or JADU created pursuant to this subsection shall not be rented for periods of less than thirty-one days.
O. 
Certificate of Occupancy. No certificate of occupancy shall be issued for an ADU or JADU until the certificate of occupancy is issued for the primary unit.
(Ord. CC 2025-05, 8/4/2025)
A. 
All boarding or rooming houses shall obtain approval of a conditional use permit prior to establishing such use within the city and shall pay to the city the regular fees associated with such permit.
B. 
All boarding or rooming houses shall comply with the parking requirements applicable to rooming houses, as set forth in Section 18.14.030 of this code, prior to establishing such use within the city.
C. 
No boarding or rooming houses shall be within five hundred feet of any other boarding or rooming house. The distance requirement herein shall be measured from property line to property line, along a straight line extended between the two points.
D. 
No more than one federal, state or youth authority parolee shall be allowed to live in a boarding or rooming house at any one time.
E. 
The conditional use application submitted for any boarding or rooming house shall provide information, including identifying information such as the full name and age of the parolee and the proposed time of residency at the boarding or rooming house, regarding any proposed boarders or roomers who will be, at the time of proposed residency in the boarding or rooming house, federal, state or youth authority parolees. Such information shall be updated with the city by the owner or landlord of the residence as to each lessee or renter upon the signing, entering into, or otherwise commencing any rental or lease agreement, arrangement or accommodation within three business days.
F. 
All boarding or rooming houses shall require boarders or roomers to sign an agreement that provides that a conviction for any criminal violation, not including infractions and minor traffic violations, during residency in the boarding or rooming house, is grounds for termination of the residency or tenancy of that boarder or roomer, whether the rental, lease, or sublease agreement is written or oral.
G. 
Boarding or rooming houses shall be in compliance with all requirements of the city's zoning code at all times, as well as any other applicable provisions of this code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.
H. 
Any violation of any local, state or federal laws by boarders or roomers while on the premises shall be grounds for revocation of the boarding or rooming conditional use permit, including, but not limited to, any violations of this section, California Penal Code Section 3003.5 or Chapter 9.66 of this code, where the property owner contributed to or did not take all reasonable steps to protect against or prevent the violation.
I. 
No boarding or rooming house shall be maintained as a nuisance.
J. 
Boarding or rooming houses existing prior to the effective date of the ordinance codified in this section shall be made to comply with the provisions of this section within six months of the effective date of the ordinance, except as to existing leases or rental agreements with respect to subsection E of this section, which subsection shall be complied with as soon as the termination, expiration, renewal or modification of any existing leases or rental agreements.
(Ord. 1719 § 1, 2010)
A. 
Definition. "Smoking lounge" means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco, including, but not limited to, establishments known variously as cigar lounges, hookah cafés, tobacco clubs or tobacco bars.
B. 
Permit Requirements. Smoking lounge is a use permitted by a conditional use permit within the C-1 (limited commercial zone), C-2S (community shopping center zone), C-2 (commercial zone), C-3 (general commercial zone), SP-1 (La Habra Boulevard specific plan), and PC-I (planned commercial-industrial) zones.
C. 
Location Restrictions.
1. 
The tenant space shall not be located within two hundred feet of any residential zone boundary within the city.
2. 
The tenant space shall be a minimum distance of one thousand feet from any educational institution as defined in Section 18.04.260 within the city.
D. 
Operational Restrictions.
1. 
The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5.
2. 
No alcoholic beverages shall be sold or consumed on the business premises within any area where the smoking of tobacco or other substances is allowed, including any outdoor seating area. Should food service be proposed, the owner-operator shall comply with California Labor Code Section 6404.5.
3. 
No person under eighteen years of age shall be permitted within any of the business premises where the smoking of tobacco or other substances is allowed.
4. 
No live entertainment, including, but not limited to singers, DJs, dancers, and comedians, shall be permitted within the business except as authorized pursuant to Chapter 5.32 (Entertainment, Amusement and Dance Permits).
5. 
All business related activities shall be conducted wholly within a building, with the exception of outdoor seating areas approved as part of the conditional use permit. Operation of outdoor barbeques or braziers or lighting coals shall not be permitted.
6. 
No admittance fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted.
7. 
Uniformed security guards shall be provided, as deemed necessary by the chief of police.
8. 
No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the director of community development.
9. 
The interior of the business shall be maintained and adequately illuminated to make the conduct of patrons within the premises readily discernable to persons of normal visual acuity.
10. 
Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the chief building official and fire chief, or as otherwise required by state or federal law.
11. 
Parking shall be provided using the standard for restaurant with bar (twelve spaces per one thousand GFA).
12. 
The business shall conform to all other city, state, and federal laws.
E. 
Application Requirements.
1. 
Application for a conditional use permit shall be filed in accordance with Chapter 18.66 (Conditional Use Permits);
2. 
The exact nature and location of the activity for which the conditional use permit is requested and an estimate of the numbers of patrons of the establishment;
3. 
A security plan for control of customers;
4. 
A plan for control of noise affecting nearby premises;
5. 
The business plan including the hours of operation of the establishment;
6. 
Such other information pertaining to public health and safety as may be required by director of community development to ensure compliance with the provisions of this section.
(Ord. 1719 § 1, 2010)
A. 
Definitions.
"Amusement device"
means a mechanical, electrical, electronic or video device simulating the playing of sporting games or other games; pinball machines; billiard and pool tables; and other similar devices and equipment that require participation by the player. This definition does not include "adult arcade booths" as defined in Section 18.56.010.
"Arcade"
means any premises other than an "adult arcade" as defined in Section 18.56.010 which is open to the public and which contains four or more amusement devices, or any premises wherein not less than twenty-five percent of the public floor area is devoted to amusement devices, whether or not the devices constitute the primary use or accessory use of the premises.
B. 
Hours of Operation. During the school year, it is unlawful for any person under the age of eighteen years to operate electronic or mechanical game machines on any commercial premises in the city before three p.m. Monday through Friday, or after eleven p.m. Sunday through Thursday, excluding school holidays. It is also unlawful for any person to permit or allow persons under eighteen years of age to operate the machines during these hours on the commercial premises owned by them or under their control. Violation of this section shall be punishable as an infraction and in addition thereto may constitute grounds for revocation of any conditional use permit issued with respect to the premises.
(Ord. 1719 § 1, 2010)