ORDINANCE NO. 0-2022-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT (ZCA) 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
City Attorney's Summary
This Ordinance would result in an amendment to Title 23 of the Placentia Municipal Code to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively. The Administrative Use Permit process would provide parameters for the Director of Development Services to evaluate certain Use Permit Modification requests administratively.
WHEREAS, the City of Placentia wishes to amend Chapter 23.87 and Chapter
23.81.165 of the Placentia Municipal Code (PMC) to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively; and
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 (ZCA) No. 2022-04, 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 (ZCA) No. 2022-04 to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively; 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 (ZCA) No. 2022-04, 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
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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:
Regarding project no. Zoning Code Amendment (ZCA) No. 2022-04, 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 (ZCA) No. 2022-04 amending the text of a portion of Title 23 of the Placentia Municipal Code as follows:
a. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia, attached hereto as Exhibit "A" (Zoning Code Amendment 2022-04) and incorporated herein by this reference, whereby development standards and regulatory requirements in Title 23 ("Zoning") of the Placentia Municipal Code would be amended to refine the city's development standards as they relate to Use Permits.
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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 will not be detrimental to the health, safety or general welfare of the persons residing or working within the city, and that it will not be injurious to property or improvements within the city. The City Council also finds that the amendment is consistent with the latest adopted General Plan.
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:
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ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Attachments:
Exhibit A: Ordinance language amending Chapter 23.87 (Zoning Code Amendment 2022-04) establishing regulations for Administrative Use Permits Ordinance 0-2022-09
EXHIBIT "A"
ORDINANCE LANGUAGE AMENDING CHAPTER 23.87
(ZONING CODE AMENDMENT 2022-04) ESTABLISHING
REGULATIONS FOR ADMINISTRATIVE USE PERMITS
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"23.87.100 Administrative Use Permit Modification Intent.
The intent of this Section is to provide a process for certain minor Use Permit Modifications to be evaluated by the Director of Development Services or designee, ensuring that said Use Permit Modifications are compatible with surrounding land uses and businesses, and are consistent with the goals and obiectives of the General Plan. Further, a Use Permit Modification process may be utilized for qualifying uses under Section
23.87.110 that are already established, and seek to expand operations to an outdoor space, or to request a minor modification to the established conditions of approval pursuant to Section 23.87.120.
23.87.110 Administrative Use Permit Modification Applicability.
The Administrative Use Permit process shall apply in the following instances:
(1) Shall apply to restaurants, eating places, and other establishments that serve food and/or beverages which are also consistent with Section 23.87.110(3) or
23.87.110 (4).
gj Shall apply to uses with a need to locate a portion of their indoor operations outside on the same property as a given use or onto adiacent public property with a valid encroachment permit, e.g. a fitness center that would like to offer limited outdoor operations. Said uses must also be consistent with Section
23.87.110(3) or 23.87.110 (4).
(3) Shall apply to uses or businesses that are deemed to have a valid Use Permit that seek a Use Permit Modification.
Leli Shall apply to existing uses or businesses that are currently permitted by the PMC subiect to a Use Permit, and said use or business is found to be a legally established use and is legally permitted to operate and is in good standing with the City of Placentia licensing requirements, i.e. uses or business that were established prior to a the requirement of a Use Permit.
Anv eligible use or business applying for outdoor operations utilizing the Administrative Use Permit process are only eligible to locate a portion of their indoor operations outside on the same property as a given use or onto adiacent public property with a valid encroachment permit.
23.87.120 Administrative Use Permit Modification Criteria.
Only the applicable uses listed in Section 23.87.110 may utilize the Administrative Use Permit Modification in lieu of a Use Permit application reviewed by the Planning Commission for any of the minor operational changes listed in this section:
(a) Anv change which does not constitute, either individually or cumulatively, a maior change in operational characteristics.
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(b) Minor changes to floor and seating plans which do not result in a substantial increase in seating occupancy, as determined by the Director of Development Services.
(c) The introduction of valet parking.
(d) Eligible uses applying for outdoor operations locating a portion of their indoor operations outside on the same property as a given use or onto adiacent public property with a valid encroachment permit.
(e) A reduction in required parking in conjunction with eligible uses applying for outdoor operations may also apply to reduce the required onsite parking up to 25%.
(f)
Standards for outdoor seating areas and outdoor business operations shall be complied with as a condition of the use permit and/or Administrative Use Permit Modification. These standards and policy guidelines are on file in the Planning Division of the Development Services Department.
23.87.130 Administrative Use Permit Application.
Application for Administrative use permits shall be made in writing by owners of the property. or lessee, purchase in escrow or by owner's authorized representative with the consent of the owner, on a form prescribed by the City of Placentia. The application shall be accompanied by:
(1) Ten (10) sets of a site plan and supporting plans drawn to scale, showing the location of property, boundaries and improvements proposed, all dimensioned to the satisfaction of the Director of Development Services or designee. (2) The fee established by city council resolution.
(3) A list of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application as certified by a title insurance company authorized to do business in Orange County, California. Such list shall be typed in duplicate upon gummed labels ready for mailing, and shall be accompanied by a location map.
23.87.140 Administrative Use Permit Modification Procedure for Review. (1) An Administrative Use Permit Modification shall be reviewed and acted upon by the Director of Development Services or designee pursuant to the findings set forth in Section 23.87.40.
(2) At least ten calendar days prior to the Decision of the Director of Development Services, notice of the proposal shall be mailed to the applicant, owner and situs of property within three hundred (300) feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as Ordinance 0-2022-09
contain more recent addresses. At least ten calendar days prior to the public hearing, a notice of the hearing shall be posted at the proiect site in clear public view.
(3) The application may be approved with conditions or denied. Approvals shall be subiect to the operational standards contained within Chapter 23.87, and those conditions the Director of Development Services, or designee finds necessary to ensure compatibility with the surrounding area and the General Plan. (4) Decisions of the Director of Development Services, or designee shall be final, unless appealed to the Planning Commission, utilizing the provisions and procedures outlined in Section 23.87.040. The Planning Commission action may also be appealed to City Council pursuant to the provisions of Section 23.87.050.
All appeals must be accompanied by a fee established by city council resolution.
23.87.150 Administrative Use Permit Modification Generally.
The provisions detailed in Sections 23.87.010, 23.87.060, 23.87.070, 23.87.080 shall also apply to Administrative Use Permits and Administrative Use Permit Modifications. All applications shall also comply with and be consistent with Section
23.81.165."
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