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La Habra council approves first reading to create 'minor' conditional use permit process
Summary
The council enacted first reading of an ordinance to repeal and replace La Habra Municipal Code chapter 18.66, establishing a streamlined "Minor CUP" process for lower-impact businesses and clarifying CUP procedures; staff said the change aims to reduce cost and processing time for small businesses.
The La Habra City Council on June 2 approved the first reading of an ordinance to repeal and replace Chapter 18.66 of the La Habra Municipal Code and establish a new category of conditional use permit called a "Minor Conditional Use Permit" (MCUP).
Community and Economic Development Director Susan Kim presented the proposal, which the council initiated to make the city's approval process more business-friendly. Under the ordinance, minor CUPs would be handled administratively by the director unless objections are raised; full CUPs would continue to be considered at planning commission hearings with a 300-foot noticing radius and the usual appeal rights to council.
Staff told the council MCUPs would use simpler noticing (directly adjacent properties in most cases), a lower application fee (staff proposed starting the MCUP fee at the administrative adjustment level of $386), and a streamlined review while retaining the same substantive findings required for CUPs: that the proposed use is allowed to be considered by CUP and that it will not be detrimental to public welfare, will not unreasonably interfere with surrounding uses, and is consistent with the general plan and code. By contrast, staff said standard CUP application costs currently are roughly $6,759 plus CEQA-related charges when applicable.
Kim said the ordinance is the first of a two-step process: after the MCUP procedures are adopted, staff will propose which land uses should be subject to minor CUPs, regular CUPs or permitted by right. The council passed the first reading unanimously and declared the ordinance exempt from CEQA under the common-sense exemption (CEQA Guidelines section 15061(b)(3)).
Council members and staff described the change as an effort to reduce operating costs and uncertainty for small businesses seeking entitlement approval while preserving due process for neighbors and retaining appeal rights. The council directed staff to return with any required fee schedule changes when the master fee schedule item was considered later on the agenda.
The ordinance will proceed to a second reading and adoption at a future council meeting.
