Design review is established in order to ensure that site design, buildings, structures, signs, and landscaping will be in harmony with other structures and improvements in the vicinity of the proposed development and consistent with the general plan and the zoning. All multi-unit residential and mixed-use developments are subject to the provisions set forth in Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) of this title, unless exempt as set forth in Chapter 18.09.
(Ord. 1719 § 1, 2010; Ord. 1744 § 2, 2013; Ord. 1854, 12/18/2023)
Before any building or structure which requires design review is erected on any lot, design plans shall be submitted to and approved by the planning commission subject to the provisions of this chapter. Exception: patio roofs, shade structures and minor out buildings in residential zones may be approved as an administrative adjustment at the discretion of the director of community development.
(Ord. 1719 § 1, 2010)
Applications for design review shall be made in writing to the planning commission in such form as is approved by the director of community development. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto. Applications for design review shall be accompanied by the following:
A. 
All the applicable fees as established in the City of La Habra Master Schedule of Fees.
B. 
Eighteen printed sets and one digital set of design plans which include a fully dimensioned plot plan and description of the property involved showing the location of all existing and proposed buildings along with floor and elevation plans of all the proposed building and structures. The plans shall be drawn to a standard architectural or engineering scale (i.e., 1/4″ = 1′, 1/8″ = 1′, 1′ = 20″, etc.) and shall indicate clearly with full dimensions the following information:
1. 
Location and design of all off-street parking and circulation areas;
2. 
Location of the points of ingress and egress for pedestrians and vehicles;
3. 
Location and nature of reflective devices (lighting);
4. 
Location of landscape areas;
5. 
Location and design of all trash storage areas and related screen walls;
6. 
Location of all public utilities installations including: poles, transformers, vaults and meters;
7. 
Location of all external mechanical equipment;
8. 
Location, height and materials of all walls and fences;
9. 
Calculations showing the percentage of land coverage, the parking requirements, and the landscape area provided;
10. 
Relationship of property to public streets and alleys, and any required street dedications and improvements;
11. 
Surface drainage patterns and structure;
12. 
Exterior finish materials and colors;
13. 
Roofing materials and pitches.
C. 
Material board.
D. 
Color Elevations. One printed set and one digital set of all building elevations fully rendered in color.
E. 
Color Photographs. One printed set and one digital set of the subject property showing the existing conditions along with any photo simulations (if applicable) of the proposed improvements.
F. 
Sign Plan. One printed set and one digital set of plans showing the design, colors and location of all signs.
G. 
Landscape Plan. One printed set and one digital set of a conceptual landscape plan which show all the proposed landscape areas and materials.
H. 
A complete description and operational characteristics of the proposed project.
I. 
An environmental assessment of the proposed project in such form as approved by the director of community development along with any other environmental analysis that may be required under the provisions of the California Environmental Quality Act (CEQA).
J. 
A verified list of the name and address of each property owner within three hundred feet of the exterior boundaries of the property involved, utilizing at a minimum the last-known name and address of such owners as shown upon the last assessment roll of the city or county.
K. 
Developments that result in the employment of two hundred fifty employees or more shall submit a transportation demand management plan (TDM) per the requirements of Chapter 18.20 of this title.
(Ord. 1719 § 1, 2010)
Upon receipt of a completed application, a public hearing before the planning commission shall be conducted as provided herein. The secretary of the planning commission shall fix a time and place of public hearing thereon. Not less than ten days before the date of such public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given in the following manner:
A. 
By publishing once in a newspaper of general circulation in the city; and
B. 
By mailing a notice, postage prepaid, to the applicant, to each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last-known name and address of such owners as shown upon the last assessment roll of the city or county.
C. 
Public hearings as provided for in this chapter shall be held before the planning commission at the time and place for which public notice has been given as required in this section. The planning commission may establish their own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.
D. 
Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing shall be deemed to constitute a denial.
E. 
The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.
(Ord. 1719 § 1, 2010)
In order for the planning commission to approve a design plan, the following findings must be made:
A. 
The proposed project is consistent with the city's general plan.
B. 
The proposed project is consistent with the city's zoning ordinance.
C. 
The proposed project is in the best interests of the public health, safety, and welfare of the community.
D. 
For projects that are subject to the objective design standards set forth in Chapter 18.09 of this title, the proposed project is consistent with those standards.
E. 
For projects that are not subject to the objective design standards set forth in Chapter 18.09 of this title, the nature of the proposed land uses and the design is appropriate for the proposed location and compatible with the surrounding land uses and improvements.
F. 
The project complies with all requirements of the California Environmental Quality Act, or has been found to be exempt.
(Ord. 1719 § 1, 2010; Ord. 1854, 12/18/2023)
The applicant or any other aggrieved person may appeal, in writing, setting forth his/her reason for such appeal, to the city council. Such appeal and the fee therefore shall be filed with the city clerk within ten working days after the planning commission decision. The city clerk, after the filing of such appeal, shall set a date for a public hearing; giving of notice and conduct of the hearing shall be consistent with the provisions of the chapter for hearing by the planning commission, except that at the commencement of the public hearing set for the appeal before the city council, the appealing party shall set forth the basis for any such appeal and any evidence or argument in support of the appeal. Thereafter, any person or applicant in response to the appeal may set forth any evidence or argument to rebut the appeal. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of the voting members of the city council. The decision of the city council shall be final.
(Ord. 1719 § 1, 2010)
The approved design plans including any conditions shown thereon or attached thereto shall be dated and signed by the planning manager. One copy of the adopted resolution shall be mailed to the applicant. No permits shall thereafter be issued for any building, structure or use except in substantial conformance with the precise plan. Minor modification may be approved by the director of community development.
(Ord. 1719 § 1, 2010)
Upon violation of any applicable provision of this title or, if granted subject to conditions, upon failure to comply with conditions of an approved design plan, the property owner shall be subject to the administrative citations process per Chapter 1.20 of the La Habra Municipal Code.
(Ord. 1719 § 1, 2010)
A. 
If no development is commenced under the approved design plan within twelve months after the date of approval and no time extension has been approved by the planning commission, the design plan shall become null and void, and the approval of a new design plan shall be required.
B. 
For purposes of this section, "development" shall mean commencement of construction on the site consistent with the design plan, which shall not include the commencement of any predevelopment work on the site, including surveying, preliminary construction staking, installation of erosion control measures or construction fencing, but which shall include review and approval by the city of proposed building plans and the issuance of building permits authorizing construction to commence, and actual construction shall have commenced on the site, such as final grading, pouring of footings and/or foundation, or similar activities. Should the building permit expire and no time extension has been approved by the planning commission, the design plan shall become null and void, and the approval of a new design plan shall be required.
C. 
The planning commission or the city council may, upon their own initiative or upon the request of the applicant, extend the approved design plan for a period not to exceed one year. Such action shall be initiated prior to the original expiration date of the design review. This action shall be by administrative procedure and shall not require a public hearing. A maximum of one extension may be granted.
(Ord. 1719 § 1, 2010)