TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 15, 2022
AGENDA REPORT
SECOND READING AND ADOPTION
Ord No..O-2022-09 Date 12/6/22 Item No. 1.e.
First Reading and Approval: 11/15/22
Reviewed and Appr
Department Head: ,
Deputy City Clerk!` �-C/J t U1/lf
SUBJECT: ZONING CODE AMENDMENT (ZCA) NO. 2022-04 A ZONING CODE
AMENDMENT TO AMEND THE PLACENTIA MUNICIPAL CODE (PMC)
CHAPTER 23, TO CREATE AN ADMINISTRATIVE USE PERMIT PROCESS IN
WHICH CERTAIN APPLICATIONS FOR USE PERMITS AND/OR USE PERMIT
MODIFICATIONS (INCLUDING BUT NOT LIMITED TO THOSE FOR OUTDOOR
DINING) COULD BE EVALUATED ADMINISTRATIVELY AT THE STAFF LEVEL
INSTEAD OF BEING EVALUATED BY PLANNING COMMISSION/CITY
COUNCIL
FISCAL
IMPACT: NONE
SUMMARY:
On March 15, 2022, the Temporary Citywide Outdoor Dining Program was presented to the City Council for final direction prior to the expiration of the Proclamations related to outdoor dining and the related relaxation of certain development standards. Ultimately, the City Council approved staff's recommendation to: 1) consider the creation of an administrative Use Permit (UP) process for existing businesses to expand operations outside (i.e. outdoor dining); and, 2) to extend the Temporary Outdoor Business Permit (TOBE) program through December 31, 2022; closing new applications for TOBEs after June 30, 2022; with direction to staff to return to City Council with an Administrative UP process.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the public hearing concerning Zoning Code Amendment (ZCA) No. 2022-04; and
2. Receive the Staff report, consider all Public Testimony, ask any questions of Staff, and
3. Close the public hearing; and
4. Find that approval of Zoning Code Amendment (ZCA) No. 2022-04 is exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3); and
1.e.
Dec 6, 2022
City Council Agenda
November 15, 2022
ZCA No. 2022-04
5. Waive full reading, by title only, and introduce for first reading, Ordinance No. 0-2022-09, an Ordinance of the City Council of the City of Placentia, California, finding that approval of Zoning Code Amendment No. 2022-04 is exempt from the California Environmental Quality Act (CEQA) Pursuant To CEQA Section 15061(B)(3) and approving Zoning Code Amendment No. 2022-04 amending the Placentia Municipal Code, Title 23 of the City of Placentia to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to:
Promote Community and Economic Development, Goal 3, as this item will serve to enhance Community Development and Economic Development efforts in general as it will provide streamlined options for business to expand operations outdoors. The Administrative Use Permit process will result in an expedited, less expensive process for businesses to apply for an Administrative Use Permit Modification.
BACKGROUND:
On May 19, 2020, the City Council adopted Proclamation P-2020-03, which authorized the creation of an administrative program in response to COVID-19 to temporarily relax outdoor dining regulations and relax on-site parking requirements, and to waive related fees. Subsequently, on November 3, 2020, the City Council adopted Proclamation P-2020-06 which extended the regulations to allow businesses to operate outdoors and relax on-site parking requirements, and to waive related fees.
On June 1, 2021, City Council adopted Proclamation P-2021-01, which extended the regulations to allow businesses to operate outdoors and relax on-site parking requirements citywide (Temporary Citywide Outdoor Dining Program) and waive related fees until December 30, 2021, and also extended the Old Town Placentia Outdoor Business program for businesses located in and immediately adjacent to the 100-200 block of West Santa Fe Avenue until June 30, 2022.
City Council action on June 1, 2021 included direction to Staff to come back with analysis for a City Council policy discussion related to the Temporary Citywide Outdoor Dining Program within four to six months; and, to come back with analysis for formal City Council recommendation within nine to 12 months related to the Old Town Placentia Outdoor Business program and street closure. On November 16, 2021, City Council adopted Proclamation No. P-2021-02, extending citywide outdoor dining regulations and relaxing on-site parking requirements until March 31, 2022, and extending the 100-200 block of West Santa Fe Avenue street closure until June 30, 2022.
City Council Action March 2022
On March 15, 2022, the Temporary Citywide Outdoor Dining Program was presented to the City Council for final direction prior to the expiration of the aforementioned Proclamations related to outdoor dining and the related relaxation of certain development standards. Ultimately, the City
City Council Agenda
November 15, 2022
ZCA No. 2022-04
Council approved staffs recommendation to: 1) consider the creation of an administrative Use Permit (UP) process for existing businesses to expand operations outside (i.e. outdoor dining); and, 2) to extend the Temporary Outdoor Business Permit (TOBE) program through December 31, 2022; closing new applications for TOBEs after June 30, 2022; with direction to staff to return to City Council with an Administrative UP process.
DISCUSSION:
Use Permits, often known as "Conditional Use Permits" in other local jurisdictions, are permits that require discretionary approval from the city. These types of permits consent to a use not allowed by -right in a particular zone. As the name implies, the permit application is approved under a set of conditions. Those conditions are set forth by the jurisdiction that the land falls within.
For instance, in the City of Placentia, the Planning Commission has the authority to approve Use Permits and impose conditions of approval specific to a given land use and its site specific characteristics. However, the Planning Commission action is appealable to the City Council.
In the City of Placentia, Use Permits are required to establish any new use that the underlying Zone designates as "uses permitted subject to obtaining a Use Permit". This is the case in most commercial and some manufacturing zones, and generally applies to uses including, but not limited to: churches, drive-thru businesses, for the sale of alcoholic beverages, large outdoor dining areas, and outdoor sales areas. Pursuant to the Placentia Municipal Code (PMC), Chapter
23.87 regulates Use Permits and sets forth the procedures for evaluating Use Permits.
Draft Ordinance Language Related to Administrative Use Permits Pursuant to City Council direction, Staff is proposing an amendment to the PMC to allow for a Use Permit Modification process for businesses that currently have a Use Permit to be evaluated administratively. This would only apply to businesses that are deemed to have a valid Use Permit or are operating as a fully permitted use that is now permitted subject to a Use Permit. For example, a restaurant requires a Use Permit to sell beer and wine. If the restaurant now wants to establish tables outside and serve beer and wine outside, they must apply for a Use Permit Modification that is evaluated by Planning Commission.
The Administrative Use Permit process would provide parameters for the Director of Development Services to evaluate the request and approve it administratively with conditions of approval as if it went to Planning Commission. This is a tool commonly used in other cities, to approve more minor modifications to approved uses, or to approve those "minor" uses allowed by a Use Permit.
Staff is proposing amending portions of the PMC, including amendments to Chapter 23.87 to codify this procedure. Although not codified, standards for outdoor seating areas and outdoor business operations shall be complied with as a condition of the Administrative Use Permit. These standards and policy guidelines will be on file in the Development Services Department, Planning Division. Chapter 23.81.165 already includes certain provisions for outdoor seating areas and the policy guidelines on file will build upon those.
City Council Agenda
November 15, 2022
ZCA No. 2022-04
Page4of4
Fees
There are existing fees that became effective July 1, 2023 related to Administrative Use Permit applications based upon previous City Council action. This was done in advance to prepare for codifying the Administrative Use Permit process. This will result in an Administrative Use Permit fee that is significantly less expensive than a Use Permit Modification that must be evaluated by the Planning Commission. This was the intention of City Council, to create an expedited, less expensive process for existing business with Use Permits to apply for an Administrative Use Permit Modification.
CEQA:
In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (Zoning Code Amendment) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed.
Recommending Body Determination
On November 8, 2022, the Planning Commission conducted a Public Hearing regarding Zoning Code Amendment (ZCA) No. 2022-04 and recommended approval of the Staff recommended actions to City Council. It should also be noted that as of November 8, 2022, Staff has received no letters in support or opposition to the ZCA. However, Staff has been in communication with several businesses eager to utilize an Administrative Use Permit process.
Prepared by:
Director of Development Services
Reviewed and approved:
D mien- 'Arrula
City Administrator
Attachments:
1. Ordinance No. 0-2022-09
Exhibit A: Ordinance Language Establishing Regulations for Administrative Use Permits
2. Examples of Outdoor Business Operating and Design Standards