ORDINANCE NO. 0-2024-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT NO. 2024-01 IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA SECTION 15061(B)(3) AND APPROVING
ZONING CODE AMENDMENT NO. 2024-01 AMENDING THE
PLACENTIA MUNICIPAL CODE, CHAPTER 23.111
REGARDING AMORTIZATION OF USES AND PRESERVATION
OF PROPERTY RIGHTS RELATED TO LEGAL NON-
CONFORMING USES; AND, TO AMEND THE PLACENTIA
MUNICIPAL CODE TO OMIT CHAPTER 23.37 TITLED "SF -C
SANTA FE -COMMERCIAL DISTRICT" AND TO MAKE
CONFORMING AMENDMENTS TO THE PLACENTIA
MUNICIPAL CODE CHAPTER 23.08, CHAPTER 23.82,
CHAPTER 23.90, AND CHAPTER 22.24 OMITTING
REFERENCES TO THE "SF -C SANTA FE COMMERCIAL
DISTRICT"
City Attorney's Summary
This Ordinance would result in an amendment to the Placentia Municipal Code Chapter
23.111 as it relates to amortization and the treatment of existing uses within the TOD Zone; and would amend the Placentia Municipal Code to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, and Chapter 22.24 omitting references to the "SF -C Santa Fe Commercial District" WHEREAS, the City of Placentia wishes to amend 23.111 of the Placentia Municipal Code as it relates to amortization and the treatment of existing uses within the TOD Zone and wishes to amend the Placentia Municipal Code to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, and Chapter
22.24 omitting references to the "SF -C Santa Fe -wishes to Commercial District"; and WHEREAS, on March 12, 2024, 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. 2024-01, 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. 2024-01; and WHEREAS, on April 16, 2024, 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. 2024-01, at which time it considered all evidence presented, whether written or oral; and
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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:
Regarding project no. Zoning Code Amendment (ZCA) No. 2024-01, 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. 2024-01 amending the text of a portion 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 2024-01) and incorporated herein by this reference, whereby Chapter 23.111 is amended regarding amortization of uses and preservation of property rights related to legal non -conforming uses.
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b. Approve an amendment to the Placentia Municipal Code of the City of Placentia, attached hereto as Exhibit "B" (Zoning Code Amendment 2024-01) and incorporated herein by this reference, whereby the Placentia Municipal Code is amended to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF- C Santa Fe -Commercial District".
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 April 16th, 2024.
PASSED, APPROVED AND ADOPTED this 7th day of May 2024.
Jeremy Yamaguchi, 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 16th day of April 2024, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 7th day of May 2024 by the following vote:
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AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAINED: Councilmembers:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Attachments:
Exhibit A: Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) revising Chapter 23.111.060 related to amortization of uses and preservation of property rights related to legal non -conforming uses.
Exhibit B: Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) omitting Chapter 23.37 titled "Sf-C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF -C Santa Fe -Commercial District".
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EXHIBIT "A"
Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) revising Chapter 23.111.060 related to amortization of uses and preservation of property rights related to legal non -conforming uses Ordinance 0-2024-04
§ Chapter 23.111.060^mortization and eExistinq uses.
(a) In order to preserve private property right°, all legal uses, buildings or structures in existence immediately preceding the cffcctivc date of the ordinance codified in thio motor, may be continued to operates € legal nonconforming use, building or structure.
The definitions for Nonconforming Use and Nonconforming Building, as well as the provisions of sections 23.84.010 and 23.84.020, shall be applicable to the TOD zone.
LP' Five (5` yewc &\er thc cffcctivc date of thc ordinance codified in thic chapter, the property may be sold or trancferred and the legally nonconforming use, building, or structure may continue in the following ciroumc ances:
( ) The business/property is transferred from a parent to his/her child, from a child to his or her parent as defined in Chapter 23.04 of the municipal code. ( ) The business/property is trancferred from an owner to his or her employee(s) soh that the ownorchip does not change as defined in Chapter 23.04 of the municipal code.
(c) Notwithstanding the foregoing, five (5) y rs after the cffcctivc date of the ordinance codified in this chapter, the exception set forth in cobcection {j shall only apply if:
( ) The same use in existence as of five (5) y ars from thc cffcctivc date of thc ordinance codified in this chapter will continue to operate.
(b) If the primary use of the business/property (not accessory uses), remains unchanged, then the secondary uses may change. Secondary uses are defined in the definitions section of this chapter. Secondary uses may also be "accessory uses" as defined in Chapter 23.04 of the PMC and which means "a use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building"; and
(2-1) The building or structure is not modified or expanded; and (3-2) The use, building or structure is not abandoned or discontinued for twelve (12) months or more.
(d c) The provisions of this section shall not apply to the Packing House, located at 341 S. Melrose Street, identified in the California Register of Historical Resources as eligible for designation as a historic resource. Due to its historical significance and the additional costs associated with bringing a historic resource that requires adaptive reuse into compliance with the TOD standards, the Packing House is exempt from amortization requirements as set forth herein. ( ) The city shall give notice to all property owners of properties within the TOD regarding this chapter in the following manner:
.,
chapter;
(2) Within thr
' - - ---- e-
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d in thio
d in thio chapter; and
d in thic chapter.
Failure to provide any of thc noticcs abovc shall not prcvcnt thc city from cnforcing the requirements of this chapter."
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EXHIBIT "B"
Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) omitting Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF -C Santa Fe -Commercial District"
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§ 2227 "£F C" F.ianta Fc Commercial District.
f. 23 37.0'1 rl Pi irpose.
Tho "Eranto Fc Commercial" distriot droll be the moohanic. n to enhance and promote the economic revitalization of Placentik'o ar+ginwl bucincss district. Goals of thc district are:
(1) Promote the use of architectural design consistent with the city's historical and cultural heritage as evidenced in the arca'c building and improvements. (2) Foster civic pride in the area and thereby ctabilizc and improve property values. (1) Prohibit those uses which are not compatible with the historic and commercial character of the district.
(5) Encourage the concept of "mixed" commercial and residential uocs in order to foster a grouter sense of community within the district.
Tho "Fianta Fc Commercial" district shall include all those properties shown on Exhibit 1 of the ordinance codified in this chapter.
§ 23.37.030 Permitted Uses.
Permitted u&oo in thc "SF C" zone chew I
a completely enclosed building, except if permitted by Sectiono 22.27.046 and 23.81.165.
Such uses shall include:
{1) Apparel stores;
{2) Appliance stores;
(3) Bicycle shops;
{'I) Drugstores;
shops;
(6) General merchandise stores;
{7) Hardware storcs;
(8) Hobby c/upply stores;
{9) Household appliance repair;
(10) Jewelry stores;
1 1 -
ax%"lichmcnts, candy stores, vitamin
(12) Offices including financial inc itutions, real estate and incxjrense-firmc, and trave[ agencies; officeo shall romain incidental end subordinate to the intended retail use; (13) Personal service o abl ohm-- - _ _ _ _. _ _ _ _ . _ -opc, and tailors; {1 4) Photography studios;
' ao%urantc and eating places and fast food a, ibIichmcnts excluding drive through eotsbliohmcnts;
46) Sma!I outdoor seating areas per Section 22.21.165;
{17) Sporting goods storcs;
{-1 8) Statonery and offico c/upply stores;
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{19) Toy shops;
{20) Variety stores;
{21) Vehicle parte rales;
{22) Other usoc that tthis chapter and have characteristics similar to those usoc in thio ocction. § 23.37.040 Uses permitted subject to obtaining a use permit. (a) The city recognizes^ th0 certain uscx:, RIthough consistent with thc purpose of thc "SF C" zone, have special characteristics which have the potontial to adversely affect adjoining buoinesscs and/or property ownoro. These usoo choll therefore bc reviewed individually purciaont to • - . _ . ' _ _ _ .. - • - - . - . _ - - _ _ (1) Dry cleaners;
(2) Ecfablichmentc that cell alcoholic beverages including on sale and off -sale; {3) Large outdoor seating areas per Section 22.21.165;
(4) I aundromat•
e
{5) Music stores;
{6) Pet shops;
(7) Poolrooms;
{8) Mixed residential rand commercial uses provided, however, that:
{A) There is or will be commercial opcce on the ground floor adjacent to thc public right of way (street frontage),
(B) The parcel is of adequate size and chope to ensure compliance with all code requirements (parking, setbacks, provision for trach c lesurc, ctc.), (C) The residontial unito or;, e' - _ - _ _ _ _ - - e _ ole a minimum of ten (10) feet from the commercial units;
Exception: If a per - - _ . -• - oial uoe, tho planning commiooion may approve only a residential uoe on thc parcel. {9) Studios including dance and music;
{10) Veterinary clinics (completely enclosed);
{11) Other usoc that tho planning commiccion finds to bc in accordance with thc purpose (b) In approving the use permit, the planning commission shall consider the following in addition to the findings required by Chapter 22.87: operating hourc; impacts on adjacent busin oo and/or impacts on city services; concentrations of cimilar uces. Also, where o plonning-eommioaion shall consider the
of number of persons.
§ 23.37.046 Outdoor sales areas.
Outdoor sales arca
initial construction tho c ructure(s) was originally and specifically designed to accommodate a designated outdoor sales ar . Items sold in the sales area chat -l -be clearly related to tho primary commercial use.
§ 23.37.050 Developmont f►tondards.
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•
{a) Height: The-mauimum allowable height of any structure in tho "Eanto Fc Commercial" distriot chall bo thirty (30) feet.
{b) Setbacks: thero droII b
way.
Fe Commercial" district. Parking ara'cc ch I romain
o parking facilitioc in tho "ianta
free from encroachment by other uses.
(€1-)—S-igno: the provisions of Chaptor 22.00 shall apply to sign° in tho "Franta Fe - Commercial" district.
(o) Traoh: traoh enclosures shall be provided per city standards on file in the building dopartm.. .-e - - - - maintain
{f) Storage: outdoor storago chall b prohibited in tho "Franta Fc Commercial" district.
Within a completely enclosed building.
{h) No overhead doom chall be permitted along street frontages and all ctroct doaro oholt be for pedestrian access only.
Buildingc in th;.
design categories; Main Strcot, Early California and Spanish Modorn. The city recognize:
that thic distriot is unique and in order to encourage its continued improvement and insure compatibility, . - _ _ _ -, _ _ _ e _ _ _ . - 'onc °hall follow one of the themes listed below in subsections (1)(A) through (C) of this section. (1) Design Themes.
(A) Main £tract Theme. Kcy elemontc chall include:
(i) Brick facades with decorative inserts;
{ii) Cornices and corbels;
{iii) Double hung windows on the second story;
(iv) Dioploy windows with raised sills (minimum two (2) feet six (6) inches from floor) along store fronts•
,
(v) Trancoms;
(vi) Recessed entries.
(B) Early California Theme. Kcy elemnnto ohall include:
{ii) "Massive" wood cntry doors;
{iii) Tile and/or rough -sawn wood for trim enhancement; {iv) Brick lined arches highlighting windows;
(v) Earth tone colors.
(C) Fipanich Modern Theme. Key elema`nt0 ohall include:
olumno, window frames
and storcfronts;
(ii) Accent colored paint or decorative tile banding to highlight and wrap building facades, particularly between ground and belt level;
(iii) Thin tube neon lighting to accont major building elemantc ouch as fascias or top edges of building parapets;
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window awnings are specifically encouraged.
(2) Additional Requirements. All new construction, additions or exterior modifications of buildings in thc "Santa Fe Commercial" distriot shaII bo subject to the following requirements:
shall be screened. The screen shall be dcsigncd as an integral part of the structure. (B) Pedestrian Elements.
(i) Storefronts: entranctc^ chcl Iec dcsigncd and enhanced to not only add idcntity to the busineso but bo sily identifiable to thc public. R r entrances shall receive the same attention and detail of design ao front entrances. Storefront° cbal-l-contain large display windows.
(ii) Canopies: canopies arc encouraged along zcro Setback sidewalks to provide pedestrian protection and also deomphaoize thc long, unbroken, horizontal facade associated with zero setback development.
(iii) Lighting: pedvatrinn ar
(C) Landscape Elements: landscaping shall be used to enhance thc design and - - - or plant- .
ompha-i.zo entrances. All landscaping ohall bo maintained in good condition for as long •
§ 23.08.010 Established.
Zoning districts are established as follows:
R -A
R-1
R-2
R -G
R-3
RPC
T -C
P -V
C-0
C-1
C-2
SF -C
C -M
M
PMD
MHP
0 0-1
Residential agricultural district
Single-family residential district
Low -medium density multiple -family district
Medium density multiple -family district
High density multiple -family district
Residential planned community district
Town center district
Combining parkway vista district
Commercial office district
Neighborhood commercial district
Community commercial district
Commercial manufacturing district
Manufacturing district
Combining planned manufacturing district
Combining mobile home park district
Combining oil district
Combining oil district
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PUD Planned unit development district
SP -1 Specific Plan 1 district
SP -2 Specific Plan 2 district
SP -3 Specific Plan 3 district
SP -4 Specific Plan 4 district
SP -5 Specific Plan 5 district
SP -6 Specific Plan 6 district
SP -7 Specific Plan 7 district
SP -8 Specific Plan 8 district
TOD Packing House district
OT Old Town Placentia
§ 23.82.050 Location.
(a) No major or minor wireless communication facility shall be established:
(1) Within any residentially zoned or residentially designated areas of the specific plans, except upon public property that is not residential in character, including city parkland, school district property, or other public property located in a residential zoning district and provided that such communication facility is designed so as to blend in with the existing environment; or
(2) On any property that contains any legally -established residential use; or (3) Within the Santa Fe -Commercial (SF -C) or Town Center (T -C) zoning district; or (4) On any property that is designated as "Historic" by the city council. (b) Providers requesting permission to establish wireless communication facilities in the city are encouraged to find sites that are separated from residential areas to the greatest extent feasible. There shall be a minimum one hundred (100) feet of horizontal distance between any residential structure and a free-standing wireless communication facility. (c) Major wireless communication facilities shall be encouraged to locate on properties which are located within the manufacturing (M) and commercial -manufacturing (C -M) districts.
§ 23.90.190 Signe in tha Punto Fc commcrcial district.
oc in the
"SF C" district.
{1) No sign cull be permitted that does not pertain directly to an approved buc:ness conducted on the premises.
{2) All signs, except those provided for in Section 23.00.120, temporary signs, shall be permanent in nature aid oholl bo consistcnt with and reflect the architectural design of foot per lineal foot of thc building frontage on which thc sign is located, subject to thc following:
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(A) Building frontages may not be combined to pormit a large sign on any one (1) building frontage.
(B) Signc °hall b-
gn ehai! project more than six (6) inches,
of the building or structure to whioh it is attached, except that on two-story buildings, a projecting sign may -o cubctituted in place of tho buc;ncss identification sign permitted put -want to subsection (4) of this section subject to the following:
(i) The total sign area permitted shall not exceed one (1) square foot per lineal foot of building frontage from which the sign projects.
(ii) Each face of a double faced projecting sign may be one (1) square foot per linear foot of building frontage.
(iii) A projecting sign °hall maintain a minimum distance of twelve (12) inches between the building face and the sign.
(iv) A projecting sign °hall not extend moro than three (3) feet from the building face. (v) An encroachment permit chall be required, where signs extend into the public right of way.
('I) Buc. - - e a - - _ • gno ohall consist of one (1) of the following:
(A) Sandblasted wood or equivalent synthetic material;
(B) Internally illuminated individual channel letters;
(0) Nonilluminatcd individual letters such as dic cut metal, foam or channel letters; (D) Canopy signs•
,
(€) S-ignc pointed directly on buildings cxccpt for building frontages along Santa Fe and Bradford Avenues.
(5) Window signs, including signs painted on windows and bannorc, chall be permitted (A) They chall b
pertain;
(B) Total area occupied by said signc chall not exceed moro than twenty five (25) percent o bucinosc to which such signs
(0) Signc chall be displayed in c n
(-E) Painted signc than e _
a-rew ohcll be prohibited, except for seasonal holiday displays. § 22.24.020 Widths.
Minimum alley widths shall be as follows:
o painting of solid
(1) Alleys only in industrial or commercial zones: Right-of-way and pavement widths shall be 28 feet.
(2) Alleys only in residential zones: Right-of-way and pavement widths shall be 20 feet. (3) Alleys abutting various zones: Right-of-way and pavement widths shall be a minimum of 20 feet and a maximum of 28 feet. Actual width to be determined by the city engineer based on the approved land use for the abutting property. (4) Santa Fe Commercial District: The following alleys shall be a minimum of 15 feet in right-of-way and pavement width. The city council may increase this width upon recommendation of the city engineer where such additional width is required to improve access to abutting properties.
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(A) The alley running north and south from Chapman Avenue to Center Street between Melrose Street and Main Street;
(B) The alley running north and south from approximately 200 feet south of Chapman Avenue to Center Street between Main Street and Bradford Avenue; (C) The alleys running north and south from Center Street to the alley approximately 100 feet north of Santa Fe Avenue between Melrose Street and Main Street and between Main Street and Bradford Avenue;
(D) The alleys running north and south from Santa Fe Avenue to 100 feet north of and 100 feet south of Santa Fe Avenue between Walnut Avenue and Melrose Street; (E) The alleys running north and south from approximately 400 feet north of Center Street to Santa Fe Avenue between Bradford Avenue and Alta Street.
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