Chapter 7.3 Zone Districts
7.3.10 Purpose of this Chapter
The incorporated land area of the City of La Habra Heights is divided into specific land use classes, or Zone Districts, consistent with the land use designations contained in the City of La Habra Heights General Plan. This Chapter establishes the Zone Districts and specifies the primary uses, accessory uses, conditional uses, temporary uses and prohibited uses within each Zone District. The following Zone Districts are established:
A. R-A Zone: Residential-Agricultural Zone.
B. OS-C Zone: Open Space-Conservation Zone.
C. OS-R Zone: Open Space-Recreation Zone.
D. OS-RP Zone: Open Space-Resource Production Zone.
E. PF Zone: Public Facilities Zone.
F. SPO Zone: Specific Plan Overlay Zone.
G. IO Zone: Institutional Overlay Zone.
7.3.20 R-A Zone (Residential-Agricultural Zone)
This section establishes the land uses that are permitted in the R-A Zone.
A. Primary Uses. Property in R-A Zone may be used for the following:
1. Single-family dwellings.
2. Agricultural activities, trees, and nursery stock (this does not permit roadside stands, retail sale from the premises, or advertising signs of any nature).
3. Equestrian, pedestrian and bicycle trails.
B. Accessory Uses. Property in R-A Zone may be used for accessory uses indicated in this section in conjunction with a lawfully established single-family residence.
1. Keeping of large animals and small animals with issuance of an Animal Keeping Permit. Permit application procedures are identified in Article 8.
2. Home occupations pursuant to the requirements of this Chapter. Home occupations require the approval and issuance of a home occupation permit. Permit application procedures are identified in Article 8.
3. Personal outdoor entertainment and recreational uses such as swimming pools, barbeque areas, gazebos, Jacuzzis, and other amenities, excluding sports courts.
4. Guest-houses without kitchens are permitted if total floor area is no more than six hundred and forty (640) square feet. In the event the quarters are detached, the lot shall contain a minimum of forty-three thousand five hundred sixty (43,560) square feet and the structure shall be located not less than twenty (20) feet from the residence.
5. Nonhabitable structures such as studios, workshops, secondary garages and barns are permitted. These structures shall be located not less than ten (10) feet from the residence.
C. Conditional Uses. A Conditional Use Permit is required for the following uses and/or activities. Conditional Use Permit requirements are identified in Article 8.
1. Residences used for licensed child day care of more than six (6) children.
2. Group care residences for more than six (6) persons used for assisted or unassisted living.
3. Transitional housing and/or personal rehabilitation.
4. Sports courts such as tennis, basketball, racquetball and similar courts.
5. Development on vacant parcels including swimming pools, pool houses (not including living quarters), barbeque areas, gazebos, Jacuzzis, stables, arenas and animal pens if such vacant parcels are under common ownership and located adjacent to a parcel that is occupied by a single-family residence.
D. Temporary Uses. A Temporary Use Permit is required for the following uses and/or activities. Temporary Use Permit requirements are identified in Article 8.
1. Temporary buildings, storage yards or trailers used as part of an approved construction project
2. Yard and garage sales at private residences up to two (2) times in any calendar year.
3. Any other similar use that the Community Development Director determines is temporary in nature and provided that the use is found not to be detrimental to surrounding neighborhood.
E. Prohibited Uses. Uses not specifically allowed in the R-A Zone are prohibited. Such uses include, but are not limited to, the following:
1. Second Units. Second units on R-A Zoned single-family lots are prohibited within the City for the reasons set forth below:
a. Lack of Sewers. The City of La Habra Heights has no City-wide sanitary sewer system. The sewage effluent of ninety-seven (97) percent of the residential structures in the City is disposed of into cesspools, and leach lines which enter the earth strata and percolate into the soil. The usage of these sewage disposal systems is predicated on the fact that the City has very low density due to the fact that the majority of lots are one (1) acre or larger, which limits the level of risk on the amount of effluent entering the earth strata in the City, but which limit could be exceeded by the addition of second units.
b. Rural Street Design. The roadways in La Habra Heights are generally curvy and narrow (eighteen (18) feet of paving in many locations), with no curbs, gutters, street lights or sidewalks. Many streets are private and unimproved or not improved to public street standards. In many instances equestrian and pedestrian use is made of shoulders directly adjacent to the roadway paving. Roadways in the City are generally long and narrow with lengthy cul-de-sacs (one way in and out). Virtually all City streets have no provisions for any on-street parking. The current capacity and design of the roadways cannot withstand the increased traffic congestion and parking requirements associated with increased densities.
c. Public Transportation and Access. There is no means of public transportation within the City and no convenient access to essential shopping facilities. The addition of second units in the City would therefore generate increased traffic beyond the capacity of the City’s roadway network.
d. Utilization of Existing Dwelling Units. The existing dwelling units in La Habra Heights are not underutilized nor overcrowded as is evidenced by the 1980 U.S. Census which indicated that the average number of persons per dwelling unit in the City is three point two (3.2), the average number of bedrooms per dwelling unit is three point two (3.2), and the vacancy rate is four point seven (4.7) percent.
The City of La Habra Heights acknowledges that the preclusion of second units in La Habra Heights may limit housing opportunities in the region. This limitation is justified, however, by the unusual circumstances described in this section. Given the relatively small number of single-family residences located within the City, this preclusion will not significantly affect housing opportunities in the region.
2. Gates or guardhouses that restrict access to residential neighborhoods, subdivisions, and multi-lot developments.
3. Storage yards for materials, mechanical equipment or vehicles inconsistent with permitted uses in the R-A zone, including, but not limited to the overnight storage of any of the following:
a. Construction equipment used for the removal or transport of construction related materials, including, but not limited to, derricks, hoists, bulldozers, dump trucks, water trucks, earth moving equipment, cranes, drills and fork lifts.
b. Any commercial vehicle except those that are permitted pursuant to a Home Occupation Permit. Permit application procedures are identified in Article 8.
c. Any farming equipment unless such equipment is used solely for agricultural uses on the parcel(s) under common ownership.
4. Off road recreational equipment uses that may include, but not be limited to, motorcycles, all terrain vehicles, etc.
5. Except as permitted under a home occupation permit, commercial animal-related uses are prohibited.
6. Commercial shipping containers.
7. It is unlawful for any person for whom registration is required pursuant to Section 290 of the California Penal Code to reside within two thousand (2,000) feet of any public or private school or instructional facility, public or private park or other location where children regularly gather for educational or recreational purposes. (Ord. 2015-01 § 5; Ord. 2007-02 § 1)
7.3.30 OS-C Zone (Open Space-Conservation Zone)
This Section establishes land uses that are allowable in the OS-C Zone.
A. Primary Uses. Property in the OS-C Zone may only be used for natural resource conservation.
B. Accessory Uses. No accessory uses are permitted.
C. Conditionally Permitted Uses. A Conditional Use Permit is required for the following uses and/or activities. Conditional Use Permit requirements are identified in Article 8.
1. Storage, maintenance, parking and caretaker uses ancillary to, and in support of, the primary Open Space Conservation use.
2. Equestrian, pedestrian and bicycle trails.
3. Educational uses including, but not limited to, interpretive exhibits, nature center, and ancillary uses.
4. Special communications systems owned and operated by a governmental agency or utility.
D. Temporary Uses. A Temporary Use Permit is required for any use that the Community Development Director determines is temporary and provided that the use is found not to be detrimental to surrounding neighborhood or OS-C Zone. Temporary Use Permit requirements are identified in Article 8.
E. Prohibited Uses. Uses not specifically allowed in the OS-C Zone are prohibited. Any non-approved or non-permitted use of properties within the OS-C Zone must be discontinued immediately pursuant to the requirements of Article 8.
7.3.40 OS-R Zone (Open Space-Recreation Zone)
This section establishes land uses allowable in the OS-R Zone.
A. Primary Uses. Primary uses include parks, passive open space areas, and equestrian, pedestrian and bicycle trails.
B. Accessory Uses. The following accessory uses are permitted:
1. Storage and maintenance uses ancillary to, and in support of, the primary recreational use.
2. The existing uses within the City Park are permitted accessory uses within the Park only.
3. Educational uses including, but not limited to, interpretive exhibits, nature center, and similar uses.
C. Conditionally Permitted Uses. The following uses are conditionally permitted:
1. Special communications systems.
2. The golf club, the golf course and its ancillary uses (club house, etc.).
3. Any other use that the Community Development Director determines is similar and not detrimental to the surrounding neighborhood.
D. Temporary Uses. A Temporary Use Permit is required for the following uses and/or activities. Temporary Use Permit requirements are identified in Article 8.
1. Temporary buildings or trailers used for office use or storage during construction.
2. Temporary storage yards used for staging of projects that are under construction.
3. Swap meet or rummage sale sponsored by a nonprofit organization.
4. Carnivals, circuses, and other traveling entertainment events
5. Seasonal sales.
6. Special shows such as vehicle displays, auctions, animal association events, etc.
7. Any other similar use that the Community Development Director determines is temporary and provided that the use is found not to be detrimental to surrounding neighborhood.
E. Prohibited Uses. Uses not specifically allowed in the OS-R Zone are prohibited. Any non-approved or non-permitted use of properties within the OS-R Zone must be discontinued immediately.
7.3.50 OS-RP Zone (Open Space-Resource Production Zone)
This Section establishes land uses allowable in the OS-RP Zone.
A. Primary Uses. Primary uses are limited to the operation and maintenance of resource extraction and transmission facilities with the approval of a Conditional Use Permit.
B. Accessory Uses. There are no accessory uses permitted in the OS-RP Zone.
C. Conditionally Permitted Uses. A Conditional Use Permit is required for the following uses and/or activities. Conditional Use Permit requirements are identified in Article 8.
1. Resource extraction, transmission, and safety operations.
2. Limited storage and maintenance facilities and operations ancillary to the primary resource production use.
3. Equestrian, pedestrian and bicycle trails.
4. Special communications systems.
5. Caretaker facilities.
D. Temporary Uses. A Temporary Use Permit is required for the following uses and/or activities. Temporary Use Permit requirements are identified in Article 8.
1. Temporary buildings or trailers used for office use or storage during construction of new wells or facilities.
2. Temporary storage yards used for staging projects that are under construction.
3. Any other similar use that the Community Development Director determines is temporary and provided that the use is found not to be detrimental to surrounding neighborhood.
E. Prohibited Uses. Uses not specifically allowed in the OS-RP Zone are prohibited. Additionally, quarries are a prohibited use within the OS-RP Zone. Any non-approved or non-permitted use of properties within the OS-RP Zone must be discontinued immediately pursuant to the requirements of Article 8.
7.3.60 PF Zone (Public Facilities Zone)
This Section establishes land uses allowable in the PF Zone.
A. Primary Uses. Property in PF Zone may only be used for governmental, public health and safety and civic uses and/or activities. The following uses are permitted in this Zone:
1. City Hall and other ancillary facilities required for the civic functions of the City of La Habra Heights.
2. Any facility operated by a city, county, state, federal agency or special district for the provision of governmental services.
B. Accessory Use. There are no accessory uses permitted in the PF Zone.
C. Conditionally Permitted Uses. A Conditional Use Permit is required for the following uses and/or activities. Conditional Use Permit requirements are identified in Article 8.
1. Special communications systems.
D. Temporary Uses. Temporary uses within this Zone District do not require a Temporary Use Permit.
E. Prohibited Uses. Uses not specifically allowed in the PF Zone are prohibited. (Ord. 2015-01 § 6)
7.3.70 SPO Zone (Specific Plan Overlay Zone) and IO Zone (Institutional Overlay Zone)
This Section establishes land use regulations for the Specific Plan Overlay (SPO) Zone and the Institutional Overlay (IO) Zone.
A. SPO Zone (Specific Plan Overlay Zone). The Specific Plan Overlay Zone (SPO Zone) designation applies to all properties so designated on the Zoning Map (Exhibit 7-1). Additionally, the SPO Zone applies to larger undeveloped parcels that contain sufficient acreage to be divided into ten (10) or more legal lots and/or properties that may exhibit sensitive or significant environmental attributes. This designation requires the preparation of a specific plan pursuant to the State requirements. This Overlay designation has been assigned to parcels that have base Zone designations of R-A, OS-RP, or OS-R. The conditional and temporary use requirements applicable to any parcel in the SPO Zone are the same as those applicable to the base Zone designations.
B. IO Zone (Institutional Overlay Zone). The Institutional Overlay Zone (IO Zone) requires a more detailed and specialized level of planning and review for institutional land uses in the City. The following land use regulations are applicable to the IO Zone:
1. The underlying base Zone District for the IO Zone District is R-A. New residential development and modifications of existing residential structures involving fifty (50) percent or more of the existing structure’s floor area must conform to the requirements of the underlying R-A Zone.
2. Institutional land uses within the IO Zone are permitted with the approval of a Conditional Use Permit. These institutional uses are limited to educational, religious and recreational activities ancillary to the primary institutional use.
3. The following requirements shall apply to institutional uses:
a. Because of infrastructure constraints, institutional uses in the City must be limited in size and scope to the level supportable by the site, the roadways that serve it, and by other available infrastructure.
b. A Conditional Use Permit may be approved only upon a showing that the proposed use will not over-tax available infrastructure or be incompatible with adjacent and neighboring uses.
c. Institutional uses are permitted only in areas delineated on the Zoning Map (Exhibit 7-1).
d. The minimum lot size for a new institutional use is five (5) acres.
e. Only on-site signs identifying institutional uses are permitted. Such signs shall be in accordance with the City’s sign ordinance. (Ord. 2015-01 § 7)
7.3.75 MFR Zone (Multifamily Residential Zone)
The primary purpose of the Multifamily Residential Zone is to provide opportunities for rental or for-sale attached housing developments at a density of twenty (20) to twenty-four (24) units per acre in appropriate locations to accommodate the City’s assigned share of regional housing need as described in the Housing Element of the La Habra Heights General Plan.
A. Primary Uses. Property in the MFR Zone may be used for the following:
1. Multifamily dwellings.
2. Equestrian, pedestrian and bicycle trails.
3. Community and recreational facilities ancillary to the primary residential use.
B. Accessory Uses. Property in the MFR Zone may be used for accessory uses indicated in this section in conjunction with lawfully established multifamily residences.
1. Accessory dwelling units.
2. Home occupations pursuant to the requirements of this Chapter. Home occupations require the approval and issuance of a home occupation permit. Permit application procedures are identified in Article 8.
C. Conditionally Permitted Uses. A conditional use permit is required for the following uses and/or activities. Conditional use permit requirements are identified in Article 8.
1. Uses determined by the Planning Commission to be compatible with surrounding uses and that would not reduce the City’s capacity for additional housing below the level required to accommodate regional housing needs as identified in the Housing Element of the General Plan.
D. Temporary Uses. A temporary use permit is required for the following uses and/or activities. Temporary use permit requirements are identified in Article 8.
1. Temporary buildings, storage yards or trailers used as part of an approved construction project.
2. Yard and garage sales at private residences up to two (2) times in any calendar year.
3. Any other similar use that the Community Development Director determines is temporary in nature; and provided, that the use is found not to be detrimental to surrounding neighborhood.
E. Prohibited Uses. Uses not specifically allowed in the MFR Zone are prohibited.
F. Development Standards. Development standards applicable within the MFR Zone are as provided in Table 7-A.
|
Minimum density (units per acre) |
20 |
|
Maximum density (units per acre) |
24 |
|
Minimum lot size |
1 acre |
|
Minimum lot width |
135 ft. (corner); 165 ft. (interior) |
|
Minimum lot depth |
135 ft. (corner); 165 ft. (interior) |
|
Maximum lot coverage |
65% |
|
Maximum building height |
35 ft. |
|
Minimum front yard setback |
20 ft. |
|
Minimum side yard setback (interior) |
5 ft. |
|
Minimum side yard setback (street) |
10 ft. |
|
Minimum rear yard setback |
20 ft. |
(Ord. 2022-04 § 6)
7.3.80 Land Use Restrictions Summary
Primary, accessory, and conditionally permitted land uses for each Zone District are listed in Table 7-1.
|
Primary and Accessory Uses |
Conditional Uses |
Temporary Uses |
|---|---|---|
|
R-A Zone |
||
|
•Single-family residential •Agricultural including keeping of large animals and small animals •Personal entertainment and recreational uses ancillary to the primary residential use •Trails |
•Child daycare •Group care including assisted living •Transitional housing •Sport courts •Personal entertainment and recreational uses ancillary to the primary residential use on an adjacent parcel under common ownership •Fuel tanks for residential generators, when the tank is not factory installed in the generator |
•Temporary yards, buildings or trailers used for office use or storage during construction •Yard and garage sales •Any other similar use that the Community Development Director determines is temporary |
|
MFR Zone |
||
|
•Multifamily residential •Accessory dwelling units •Community and recreational facilities ancillary to the primary residential use •Trails |
Uses determined by the Planning Commission to be compatible with surrounding uses and that would not reduce the City’s capacity for additional housing below the level required to accommodate regional housing needs as identified in the Housing Element of the General Plan. |
•Temporary yards, buildings or trailers used for office use or storage during construction •Yard and garage sales •Any other similar use that the Community Development Director determines is temporary |
|
OS-C Zone |
||
|
•Areas reserved for natural resource conservation •Trails |
•Storage, parking, caretaker facility and maintenance uses •Special communications facilities •Educational activities |
•Special shows and/or displays •Any other similar use that the Community Development Director determines is temporary |
|
OS-R Zone |
||
|
•Passive parks •Passive open space •Trails •The City Park (and existing uses) •Storage and maintenance facilities ancillary to the primary recreational use •Educational uses (including but not limited to interpretive exhibits, nature center, and similar uses) |
•Golf course and ancillary uses •Special communications facilities |
•Temporary yards, buildings or trailers used for office use or storage during construction •Swap meet or rummage sale sponsored by a nonprofit organization •Carnivals, circuses, and other traveling entertainment events •Seasonal sales •Special shows such as vehicle displays, auctions, animal association events, etc. •Any other similar use that the Community Development Director determines is temporary |
|
OS-RP Zone |
||
|
•All uses require a CUP |
•Resource extraction and transmission operations •Storage and maintenance operations •Special communications facilities •Safety related uses •Trails and other permitted recreational uses •Caretaker and manned maintenance facilities |
•Temporary yards, buildings or trailers used for office use or storage during well or facility construction •Any other similar use that the Community Development Director determines is temporary |
|
PF Zone |
||
|
•City hall and other civic uses-Other governmental and public uses •Public health and safety |
•Special communications facilities |
•Temporary Use Permits are not required. |
|
SPO Zone |
||
|
•Single-family residential •Same Uses as specified the base Zone (R-A, OS-R, and OS-RP) |
•Same conditionally permitted uses noted in the base Zone (R-A, OS-R, and OS-RP) |
•Temporary uses are the same as those indicated the base Zone (R-A, OS-R, and OS-RP) |
|
IO Zone |
||
|
•Single-family residential (Same Primary and Accessory uses as specified in the base Zone (R-A)). |
•Same conditionally permitted uses noted in R-A Zone •Religious uses •Educational uses •Special communications facilities |
•Temporary yards, buildings or trailers used for office use or storage during construction •Swap meet or rummage sale sponsored by a nonprofit organization •Carnivals, circuses, and other traveling entertainment events •Seasonal sales •Special shows, such as vehicle displays, auctions, animal association events, etc. •Special events held at institutional uses not subject to an approved CUP •Any other similar use that the Community Development Director determines is temporary |
(Ord. 2022-04 § 5; Ord. 2007-02 § 2)