ORDINANCE NO. 0-2022-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT/ZONE CHANGE (ZCA) NO. 2022-
05 IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA SECTION
15061(B)(3) AND APPROVING ZONING CODE
AMENDMENT/ZONE CHANGE NO. 2022-05 AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF PLACENTIA TO
ESTABLISH A ZONING DESIGNATION FOR PROJECT AREA
1, AND AMENDING THE PLACENTIA MUNICIPAL CODE TO
ESTABLISH DEVELOPMENT STANDARDS FOR PROJECT
AREA 1 AND AMENDING THE PLACENTIA MUNICIPAL CODE,
CHANGING THE ALLOWABLE DENSITY OF THE R-3 ZONE
FROM 25 TO 30 UNITS PER ACRE FOR PROJECT AREA 2 —
CITYWIDE
City Attorney's Summary
This Ordinance would result in an amendment to the official Zoning Map of the City of Placentia to establish the zoning designation and establish development standards within Title 23 of the Placentia Municipal Code for Project Area 1 (former 76 acre unincorporated Hamer Island) from undesignated (no zoning designation) to Single - Family Residential (R-1) with an Overlay of HMR (Hamer). This action would also approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code (PMC) of the City of Placentia to amend the PMC Chapter 23.21, changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre.
WHEREAS, the City of Placentia wishes to amend the Official Zoning Map of the City of Placentia, for Project Area No. 1 described as: the area of the City of Placentia previously known as unincorporated Hamer Island, which consists of 76 acres completely surrounded by the City of Placentia and generally located north of Palm Drive, south of Shadburn Avenue, west of Carbon Creek Channel, and east of Arrowhead Drive to establish the zoning designation for Project Area 1 from undesignated (no zoning designation) to Single -Family Residential (R-1) with an Overlay of HMR (Hamer); and WHEREAS, the City of Placentia wishes to amend the Zoning Code to approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia to establish zoning and development standards for Project Area 1 to amend the Placentia Municipal Code Chapter 23.21 for Project Area 2 (citywide), changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre; and
Ordinance 0-2022-08
WHEREAS, on November 8, 2022, the Planning Commission of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment/Zone Change (ZCA) No. 2022-05, at which time it considered all evidence presented, whether written or oral. The Planning Commission recommended that the City Council of the City of Placentia adopt a "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines and the City of Placentia Environmental Guidelines regarding Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 related to Project Area location nos. 1 and 2 described as: Project Area 1) former 76 acre unincorporated Hamer Island, Project Area 2) citywide, and recommended approval of Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 along with related General Plan Amendment (GPA) No. 2022-05; and
WHEREAS, on November 15, 2022, the City Council of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 and related General Plan Amendment (GPA) No. 2022-02, at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
WHEREAS, all other prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. In all respects as set forth in the Recitals of this Ordinance.
SECTION 2. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
SECTION 3. CEQA. The City Council certifies that the City has complied with all requirements of the California Environmental Quality Act and the City of Placentia Environmental Guidelines as codified in Title 14 of the California Code of Regulations ("CCR") Section 15000 et. seq., Public Resources Code Section 21000 et. seq. and the City of Placentia Environmental Guidelines, and the City Council finds as follows:
Ordinance 0-2022-08
Regarding Project Area Location Nos. 1 and 2, the entirety of project no. Zoning Code Amendment/Zone Change (ZCA) No. 2022-05, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, the City of Placentia City Council hereby adopts a Statutory Exemption from CEQA pursuant to the "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines, which states: "A project is exempt from CEQA if: the activity is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 4. The City Council hereby approves Zoning Code Amendment/Zone Change (ZCA) No. 2022-05 amending the text of a portion of Title 23 of the Placentia Municipal Code and adopts amendments to the City of Placentia Official Zoning Map to change the existing Zoning designation(s) of the following project areas as follows:
a. Approve an amendment to the Official Zoning Map of the City of Placentia to establish the zoning designation for Project Area 1 from undesignated (no zoning designation) to Single -Family Residential (R-1) with an Overlay of HMR (Hamer) incorporated herein by this reference and as set forth in Exhibit "A". b. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia to establish zoning and development standards for Project Area 1 which will be Zoned Single -Family Residential (R-1) with an Overlay of HMR (Hamer). Said zoning and development standards are attached hereto as Exhibit "B" and incorporated herein by this reference, pertaining to Title 23 (Zoning) of the Municipal Code, which would be amended establishing the standards and regulatory requirements for Project Area 1, including regulations pertaining to the storage of recreational vehicles and recreational apparatuses on private property within the HMR (Hamer) Overlay Zone.
c. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia to amend the Placentia Municipal Code (PMC) Chapter 23.21, changing the allowable density of the R-3 Zone, increasing the allowable density from 25 to 30 units per acre. Said zoning and development amendments are attached hereto as Exhibit "C" and incorporated herein by this reference. As a citywide location, this amendment effects Project Area 2.
SECTION 5. The City Council finds, in accordance with the requirements of Chapter 23.96 ("Amendments") of the Placentia Municipal Code, that the proposed amendments to the Municipal Code and official City of Placentia Zoning Map will not be detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood affected by the proposed amendment or within the city, and that it will not be injurious to property or improvements within the neighborhood affected by the contemplated actions nor will it be injurious to properties citywide. The City Council also finds that the amendment is consistent with the latest adopted General Plan.
Ordinance 0-2022-08
SECTION 6. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
SECTION 7. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15th, 2022.
PASSED, APPROVED AND ADOPTED this 6th day of December 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 15th day of November 2022, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 6th day of December 2022 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
Ordinance 0-2022-08
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Attachments:
Exhibit A: Establish the zoning designation for Project Area 1 (former unincorporated Hamer Island)
Exhibit B: Ordinance language establishing zoning regulations for Project Area 1 (former unincorporated Hamer Island)
Exhibit C: Ordinance language changing the allowable density of the R-3 Zone for Project Area 2 (citywide)
Ordinance 0-2022-08
ZCA 2022-05 HAI LER ISLAND ZONING MAP
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1 EXHIBIT "B"
ORDINANCE LANGUAGE ESTABLISHING ZONING REGULATIONS FOR PROJECT AREA 1 - FORMER HAMER ISLAND
"Chapter 23.63 HMR (HAMER) Overlay District
23.63.010 Purpose.
The HMR (Hamer) overlay district (HMR) zone is established to preserve and promote the health, safety, and general welfare of the community, and to promote quality design and standards consistent with City Council policies by allowing for modifications to the parking and development standards established in a base zone. A parking standard or development standard may be modified for the purpose of providing specific guidelines for a given neighborhood, achieving design or public safety goals, or for avoiding possible detrimental impacts on neighboring properties. The HMR overlay district zone is intended to provide further clarification of regulations for the area formerly known as unincorporated Hamer Island, and is applied to any base zone and may be applied in conjunction with other overlay zones.
23.63.020 Application of HMR (HAMER) overlay zone.
Whenever the HMR overlay district is established on any property, any use, building, structure or parking standard allowed under Chapter 23.63 on said property shall take precedence over the uses and standards Permitted by the underlying zone. For example, R -1 -HMR indicates that the base zone of the property is R- 1 (single-family residential) and the parking and storage of recreational vehicles standards set forth in Placentia Municipal Code Section 23.63.030 shall take precedence, in lieu of the standards applied to the R-1 zone as set forth in Placentia Municipal Code Sections 23.78.150 and 23.78.155 sh.
23.63.030 Parking and storage of recreational vehicles general requirements.
Whenever the HMR Overlay district is established on any property, the standards set forth in Placentia Municipal Code Sections 23.78.150 and 23.78.155 shall not apply and the following standards shall apply in lieu of those:
VEHICLE STORAGE AND PARKING REGULATIONS
Parking and Storage Operations
Interior stage. Enclosed completely
within a building in a lawful manner
where it is not visible form the street or
other public or private property.
Other residential storage options.
Stored or parked on paved area that
meets the following criteria:
a) A paved area that is not within
the required building setback
area abutting a public street,
excluding alleys: and,
b) Screened by a 6 -foot high
permanent, solid opaque fence
or wall. The fence or wall shall
be constructed and maintained
in accordance with applicable
development standards for
fences and walls contained in
the County of Orange Zoning
Code. A building may also serve
to screen the storage area.
c) The exception to subparagraphs
a. and b. above is that vehicle
may be stored or parking on a
Paved driveway connecting a
RESIDENTIAL ZONES AND RESIDENTIALLY —
DEVELOPED PROPERTY
Vehicles„ Abandoned. wrecked, dismantled or
Recreational inoperative vehicles. or part thereof.
Vehicles and
Recreational
Apparatus
NP
garage or carport with a public
or private street.
Stored or parking on anv unpaved NP NP
surface. except as permitted above.
P = Permitted
NP = Not Permitted
23.63.040 Eligibility.
The contiguous boundaries of the HMR overlay district(s) shall consist of a minimum of one (1) gross acre or more."
"23.78.160 Parking and storage of recreational vehicles within the HMR (HAMER) overlay zone.
Whenever the HMR Overlay district is established on anv property, the standards specifically set forth in Placentia Municipal Code Sections 23.78.150 and 23.78.155 shall not apply and the following standards shall apply in lieu of those:
VEHICLE STORAGE AND PARKING REGULATIONS
Parking and Storage Operations
Interior stage. Enclosed completely
within a building in a lawful manner
where it is not visible form the street or
other public or private property.
Other residential storage options.
Stored or parked on paved area that
meets the following criteria:
a) A paved area that is not within
the required building setback
area abutting a public street,
excluding alleys: and,
b) Screened by a 6 -foot high
permanent, solid opaque fence
or wall. The fence or wall shall
be constructed and maintained
in accordance with applicable
development standards for
fences and walls contained in
the County of Orange Zoning
Code. A building mav also serve
to screen the storage area.
c) The exception to subparagraphs
a. and b. above is that vehicle
mav be stored or parking on a
Paved driveway connecting a
garage or carport with a public
or private street.
Stored or parking on anv unpaved
surface, except as permitted above.
RESIDENTIAL ZONES AND RESIDENTIALLY —
DEVELOPED PROPERTY
Vehicles, Abandoned, wrecked. dismantled or
Recreational inoperative vehicles, or part thereof.
Vehicles and
Recreational
Apparatus
NP
NP NP
P = Permitted
NP = Not Permitted"
EXHIBIT "C"
ORDINANCE LANGUAGE CHANGING THE ALLOWABLE DENSITY OF THE R-3 ZONE FOR PROJECT AREA 2 - CITYWIDE
23.21.010 Purpose.
The purpose of the "R-3" district is to stabilize and maintain the residential character of the district for medium high density apartment living with substantial space for cooperatively used facilities and open spaces. The maximum allowable density of this district shall be twenty five (25) thirty (30) dwelling units per acre.