La Habra Heights Municipal Code Ch. 7.5 Nonconforming Structures, Land Uses and Lots

The purpose of this Chapter is to establish development standards and regulations for the modification or alteration of nonconforming structures, land uses and lots within the City of La Habra Heights. It is the intent of this Chapter to prohibit the creation of new nonconformities or the exacerbation of existing nonconformities where such nonconforming structures, land uses or lots are in conflict with the City of La Habra Heights General Plan.

This Chapter applies to all existing structures, land uses and lots in the City of La Habra Heights regardless of Zone District.

The following requirements are applicable to the modification of existing legal nonconforming structures:

A. Legal Nonconforming Nonresidential Structures. Additions or modifications to an
existing legal nonconforming structure are permitted only if all of the following conditions
are met: 1) the addition or modification does not increase the existing nonconformity or its
impact; 2) there is no change in the primary use of the structure; 3) the primary use of the
structure is a primary or accessory use authorized under Chapter 7.3; and 4) the following
additional finding is made: "Reasonable efforts have been made pursuant to this Article to
decrease any pre-existing nonconformity directly related to the proposed project or
adversely affecting health and safety and its impact."

B. Legal Nonconforming Residential Structures. Additions or modifications to a legal
nonconforming residential structure are permitted only if one of the following applies:

1. The addition or modification complies with this Article without any discretionary
review and does not increase the existing non-conformity or its impact;

2. Any discretionary approval required under this Article is obtained; the addition or
modification does not increase the existing non-conformity or its impact; and the
following additional finding is made: "Reasonable efforts have been made pursuant
to this Article to decrease any pre-existing nonconformities directly related to the
proposed project or adversely affecting health and safety and their impacts."

3. A Standards Modification and any other discretionary approval required under this
Article is obtained and the following additional finding is made: "Reasonable efforts
have been made pursuant to this Article to minimize any nonconformities directly
related to the proposed project or adversely affecting health and safety and their
impacts."

4. Projects consisting of an addition to an existing legal nonconforming single-story
residential structure, excluding projects consisting of the addition of second or
additional stories, may maintain the existing nonconforming setbacks without the
approval of a standards modification if the existing setbacks are not less than twenty

(20) feet from any front property line or ten (10) feet from any other property line.

C. Reconstruction of Structure after Damage or Destruction. A damaged or destroyed
legal nonconforming structure may be reconstructed as follows:

1. A structure with fifty (50) percent or more of the total length of its original exterior walls remaining in place after the damaging or destructive event, requiring no replacement, may be reconstructed provided that: a) the reconstructed structure does not increase the pre-existing non-conformity or its impact; and b) a complete application for reconstruction is submitted within twelve months of the date of damage, and reconstruction is commenced within one hundred eighty days of permit approval. 2. A structure that is damaged so that more than fifty (50) percent of the total length of its exterior walls must be replaced, may also be reconstructed provided that: a) the structure is rebuilt to comply with the City’s development standards or, if it is not, a Standards Modification pursuant to the requirements of this Article must be obtained. D. Required for Health and Safety. Alteration or modification of a legal nonconforming structure may be permitted if it is required for conformance with pertinent health and safety regulations. These improvements may include, but are not limited to, any reconstruction legally required to bring the structure up to compliance with seismic building codes. (Ord. 2015-01 §§ 8, 9)

The following requirements are applicable to the modification of existing legal nonconforming land uses and improvements:

A. Required for Health and Safety. Alteration or modification of a structure used for a legal
nonconforming use may be permitted if it is required for conformance with pertinent health
and safety regulations. These improvements may include, but are not limited to, any
reconstruction required to bring the structure up to compliance with seismic building codes.

B. Legal Nonconforming Uses. No other changes or modifications to any structure used for
a legal nonconforming use shall be permitted, other than routine maintenance thereto.

C. Loss of Nonconforming Status. A legal nonconforming use that is voluntarily
discontinued or has ceased operations for a period of one year or more shall be declared
abandoned. After a determination of abandonment pursuant to a noticed public hearing
under Article 8, further use of the structure or continuance of the nonconforming use shall
be prohibited.

A. Pre-Existing Lots. Nonconforming lots that were legal at the time of the City's incorporation shall be considered legal nonconforming lots or building sites. Pre-existing legal parcels of less than an acre that were created as water tank sites or for other nonresidential purposes may be developed as residential lots only if such development requires no standards modifications or variances beyond those for structure heights, size and setback as described in Chapter 7.18. Applications for setback standards modifications shall be reviewed and approved by the Planning Commission.

B. SB 9 Lots. Lots that are subdivided to less than an acre pursuant to Government Code
Section 66411.7, or lots that are proposed to be developed with two (2) residential units
pursuant to Government Code Section 65852.21, may be developed as residential lots if
such development conforms to all the objective standards of the La Habra Heights
Municipal Code but are not eligible for approval of a standards modification under Chapter
7.19.

1. Notwithstanding Section 7.18.40(A), the maximum permitted floor area of any
residential unit constructed on or after January 1, 2022, on a lot that has been
subdivided to less than an acre pursuant to Government Code Section 66411.7 or that
is developed with two (2) residential units pursuant to Government Code Section
65852.21 shall be eight hundred (800) square feet in floor area per residential unit.
No such residential unit shall be constructed at less than five hundred (500) square
feet in floor area.

2. The maximum permitted floor area of any residential unit that is constructed prior to
January 1, 2022, and is pre-existing on a lot that is subdivided pursuant to
Government Code Section 66411.7 or that is developed with a second residential unit
pursuant to Government Code Section 65852.21 shall be the floor area at the time of
application for the subdivision or application for the permit to construct a second
residential unit, respectively.
(Ord. 2021-01 § 3; Ord. 2026-02, 8/10/2026)

Reasonable efforts to decrease pre-existing nonconformities and their impacts shall include the following:

A. Corrective Health and Safety Measures. Any nonconforming condition(s) affecting
health and safety must be corrected as part of the development.

B. Remediation of Existing Site Development Deficiencies. Remedies for existing
nonconformities that must be considered include, but are not limited to, those identified in
Table 7-2.

Table 7-2
Development Review of Existing Nonconformities and Potential Remedies

Existing Nonconformities Potential Remedies to Correct Existing Nonconformity 1

Applied to Existing Applied to Proposed
Issue Description Development Development

Building Design, •Structure size •Landscape screening •Relocation of proposed
Grading and •Lot coverage •Removal of development in structure
Hardscape •Structural height setback •Redesign of proposed
•Architectural design structure
•Articulation •Additional landscaping
•Development or structures •Revision of grading plan
in setbacks •Increased setbacks

Animal Keeping •Setback of animal keeping •Landscape screening •Relocation of proposed
use •Increased setbacks structure
•Number of animals •Relocation of existing •Redesign of proposed
animal uses structure
•Conformance to •Additional landscaping
housekeeping requirements •Revision of grading plan
•Alter number or types of •Increased setbacks
animals

Setbacks and Yard •Setbacks •Landscape screening •Relocation of structure
Uses •Yard uses •Relocation of existing yard •Redesign of structure
•Fences and walls type, uses •Additional landscaping
location and size •Improve drainage •Revision of grading plan
characteristics •Increased setbacks
•Improve conformance of
fences, walls or gates.

Landscaping •Percent screening •Correction of landscape- •Relocation of structure
•Design type induced view impediments •Redesign of structure
•Conformance to landscape •Additional landscaping
Code requirements •Revision of grading plan
•Increased setbacks

Parking and Access •Number of spaces •Landscape screening •Relocation of structure
•Number enclosed spaces •Increase number, size and •Additional landscaping
•Space size type of parking spaces •Revision of grading plan
•Driveway width •Provide turnaround •Increased setbacks
•Landscape screening
•Setbacks
•On-site turnaround

Table 7-2
Development Review of Existing Nonconformities and Potential Remedies

Existing Nonconformities Potential Remedies to Correct Existing Nonconformity 1

Applied to Existing Applied to Proposed
Issue Description Development Development

Lot Development •Offsets between structures •Landscape screening •Relocation of structure on •Grading •Discontinue use of site •Accessory structures and accessory structure •Redesign of structure uses •Remove Right-of-Way •Additional landscaping •Underground utilities encroachments •Revision of grading plan •Site drainage •Correct drainage •Increased setbacks •Right-of-Way deficiencies encroachments •Underground utilities

Lighting •Height of Light Poles •Height of Light Poles •Relocation of structure on
site
•Redesign of structure
•Additional landscaping

Notes:
1. No Standards Modification is permitted for structures or uses that are prohibited
pursuant to Section 7.3.20.