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
Ordinance 0-2024-04
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.
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 Ordinance 0-2024-04
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
1, 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:
AYES:
NOES:
Ordinance 0-2024-04
Councilmembers:
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".
Ordinance 0-2024-04
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 23.111.060Amortization and eExisting uses.
(a) In order to preserve private p-operty-rights, all legal usoo, buildings or structures in existence immediately prcccding thc effective datc of the ordinance codified in thiG chap -tor, may be continued to operatc c c 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. fhL Give (5) ytarc after thc cffcctivc date of thc ordinance codified in thio chapter, the property may be sold or transferred and the legally nonconforming use, building, or structure may continue in the following ciroumotances:
( ) The business/property is transferred from a parent to his/her child, from a child ( ) The business/property is transferred from an owner to his or her employee(s) suoh that th-
municipal code.
e
(c) Noh&\thot& nding the foregoing, five (5) y rs after thc cffcctivc date of thc ordinance codified in this chapter, the exception set forth in oubsection Li shall only apply if:
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. this chapter in the following manner
MI
chapter;
requirements of this chapter."
Ordinance 0-2024-04
d in thiG
d in thic chapter; and
d in thio chapter.
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"
Ordinance 0-2024-04
§ 23.37 "SF C" Fianta Fc Commeroial Dictrist
§ 23.37.010 Purpose.
Tho "Fianta Fc Commercial" distriot ohall be the moohanicrn to enhance and promote the economic revitalization of Placentia's original bu ' • _ _ oultural heritage as evidenced in the aroa'c building and improvements. (2) Foster civic pride in the area and thereby cfabilizo and improve property values. (3) Encourage new uses and services to locate in the area. (4) -Prohibit those uses which are not compatible with the historic and commercial character of the district.
(5) Encourage the concept of "mixed" commercial and residontial uoos in order to foster a gr ester sense of community -within the district.
§ 23.37.020 Boundarics.
T#o "Fianta Fc Commercial" distriot shall include all those properties shown on Exhibit 1 of the ordinance codified in this chapter.
§ 23.37.030 Permitted Uses.
Permitted uses in the "SF C" zone gall c _ - - • _ - _ . _ - _ a completely enclosed building, except if permitted by Sectiono 2227.046 and 22.21.165.
Such uses shall include:
{1) Apparel stores;
{2) Appliance stores;
(4) Drugstores;
{5) Food stores, including bakeries, health food t\attatlk-kimcntc, candy stores, vitamin shops;
{6) General merchandise stores;
(7) Hardware stores;
{8) Hobby cmpply stores;
{9) Household appliance repair;
{10) Jewelry stores;
1'1 - - - e e
•
•
•
{12) Offices including financial institutions, real estate and incy,iranse-firmc, and travel agencies; offices shall romain inc4ciontal and subordinate to the intended raaail vee; opc, and tailors;
{14) Photography studios;
(15)--Rc\1.Q6 ranto tan e - -
ocfiablichments;
{�6) &mall outdoor seating areas per Section 23.21.16
{17) Sporting goods stores;
{12) Ftotionery and offico c' pply stores;
{19) Toy shops;
c\..al;ohmcntc excluding drive through
Ordinance 0-2024-04
{20) Variety stores;
(21) Ve
{22) Other usoc tha: thc planning commiooion finds to be in accord with the purpose of •• _ _ _ - . oc in thic ccction.
§ 23.37.040 Uses permitted subject to obtaining a use permit. {a) The city recognizes thQt certain usyo, though consistent with thc purpose of thc "SF C" zone, have special characteristics which have the potontial to adversely affect adjoining buc;nosscs and/or property ownorc. These uses shall thcrcforc be reviewed individually purouant to the provisions of Chaptor 22.27; these uses include the following:
{1) Dry cleaners;
(2) Ectoblishmentc that c
on 23.21.165;
(/1) ! uundromat;
{5) Music stores;
{6) Pet shops;
{7) Poolrooms;
{8) Mixed residential and commercial uses provided, however, that:
{A) There is or will be commeroial
of way (street frontage),
{B) The parcel is of adequate size and chapo to ensure compliance with all code requirements (parking, setbacks, provision for traoh enra,Trclosurr�c {0) The residontial unitc or- e' - _ _ - _ _ _ _ - - e_ok a minimum of ten (10) feet from the commercial unitc;
Exception: If a pars- '. _ - _ •• •• - Dial uce� mho planning commiooion may approve only a re-sidontial vco on thc parcel. {9) Studios including dance and music;
{10) Veterinary clinics (completely enclosed);
{11) Other usoo that tho planning commission finds to be in accordance with thc purpose cc similar to those uses listed in this section.
(b) In approving the use permit, the planning commission shall consider the following in addition to the findings required by Chaptor 22.87: operating hourc; impacts on adjacent busintoo QndIor impacts on city services; concentrations of c:milar uses. Also, where o planning commiooion ohall consider thc
of number of persons.
§ 23.37.046 Outdoor sales ar s.
Outdoor sales arvQ chl Ice permitted within th-
initial construction tho c ructure(s) was originally and specifically designed to accommodate a designated outdoor sales ar . Items sold in the sales arvo ohc11 be clearly related to tho primary commercial use.
§ 23.37.050 Developmont F,andards.
(a) Height: The mauimum allowable height of any structure in tho "Punta Fc Commercial" district shall be thirty (30) feet.
Ordinance 0-2024-04
(b) Setbacks: thero ohall b
way.
ccho
free from encroachment by othcr uscs.
(4)—Signc: thc provisions of Chapter 23.90 sha!I apply to signo in tho "Manta Fe - Commercial" district.
�o) Traoh: traoh • :.,ures shall be providcd per city standards on file in the building department and shall be suitably maintain-: : . _ • _ _ •- . - _ (f) Storage: outdoor storago ohall be prohibited in tho "Fianta Fc Commercial" district. {g) All uses shall be conducted within a completely enclosed building. (h) No overhead doero cell be permitted along street frontages and all otreef-decrc c i ll be for pedeotrion cccess only.
oc in thc "Santa
. g ■ -
Buildings in tho "Manta F
design categories; Main Streot, Early Cafifernia and &panioh Medorn. The city recognizes that thic district io unique and in order to encourage its continued improvement and incur° compatib' ' • . • _ . : -, .::' 'e _ _ • _ _ _ 'ono ohall follow one of the themes listed below in cub
(1) Design Themes
(A) -Main Street Theme. Key elem..nto ohall include:
{ii) Cornices and corbels;
{iii) Double hung windows on the second story;
{iv) Display windows with raioed sills (minimum two (2) feet six (6) inches from floor) along store fronts;
(v) Transoms;
(B) Early California Theme. Key elements chcll include:
(ii) "Massive" wood entry doors;
{iii) Tile and/or rough yawn wood for trim enhancement; {iv) Brick lined arches highlighting windows;
(0) &panish Modern Theme. Key elemantc ohcll include:
mnc, window framcs
and storefronts;
Accent colored paint : _ _ ' . - _ _ _ _ _ • _ _ _ :. crap building facades, particularly between ground and belt level;
(iii) Thin tube neon lighting to acc nt rrmcjor building elemt\nto such as fascias or top cdgcs of building parapets;
{iv) Canopy/awnings to accentuate storefronts, entrances and windows. Second floor window awnings are specifically encouraged.
Ordinance 0-2024-04
{2) Additional Requirements. All new construction, additions or exterior modifications of buildingc in tho "Manta Fe Commercial" district shall bc subject to the following requirements:
_ - - _ .. _ • - • _ of appurtenances
shall be screened. The scrcon cull bled ac un integral part of the structure. {B) Pedoctrion Elements.
c 0:1311 b-_ _-__-
sily identifiable to thc public. R
businocc but be
r entrances shall receive thc same
onto ohall eontoin large display
windows.
{ii) Canopies: canopies are encouraged along zero setback sidewalks to provide pedoctrian protection and also elet\mphts. ze thc long, unbr associated with zero setback development.
{iii) Lighting: pedt\r&icxi tar-
(0)
Landscape Elemantc: landscaping cull be used to enhance the design and . oc. Planters and/or planter boxes ohcall especially bc utilized to omphac.ze entrances. All landscaping oball bo maintain- § 23.08.010 Established.
Zoning districts are established as follows:
R -A Residential agricultural district
R-1 Single-family residential district
R-2 Low -medium density multiple -family district
R -G Medium density multiple -family district
R-3 High density multiple -family district
RPC Residential planned community district
T -C Town center district
P -V Combining parkway vista district
C-0 Commercial office district
C-1 Neighborhood commercial district
C-2 Community commercial district
SF C Santa Fe commercial district
C -M Commercial manufacturing district
M Manufacturing district
PMD Combining planned manufacturing district
MHP Combining mobile home park district
O Combining oil district
0-1 Combining oil district
PUD Planned unit development district
SP -1 Specific Plan 1 district
Ordinance 0-2024-04
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 - - • - - - 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 Signo in tho Manta Fe commercial district.
The following regulation° ohall appl e . _ . _ . - •' _ _ _ - "SF C" district.
(1) No sign shall be permitted that docs not pertain directly to an appreved buciness conducted on the premises.
(2) All signs, except those provided for in Section 22.09.120, temporary signo, ohall be permanont in nature and ch.: -.A b-
the building with which they are associated.
{3) The total sign area permitted per building frontago °hall not exceed one (1) square foot per lineal foot of the building frontage on which thc sign is located, subject to the foflowi
frontage.
(B) Signs ohall b
•
ormit a Targe sign on any one (1) building
onilluminated sign °hall project moro than °:x (6) inches, and no portion of a cabinet sign shall projcct morc than twelve (12) inches from thc face of the building or structure to whioh it io attached, excopt that on two-story buildings, a Ordinance 0-2024-04
projecting sign may bc substituted in place of the business identification sign permitted pursuant to subsection (4) of thio o- •
(i) The total sign ar a permitted droll 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 shall maintain a minimum distance of twelve (12) inches between the building face and the sign.
(iv) A projecting sign ohall not extend moro than three (3) feet from the building face. (v) An encroachment pormit °.loll be required, where signs extend into the public right of waNk
('I) Business identification sign° ohall consist of one (1) of the following:
(A) Sandblasted wood or equivalent synthetic material;
(B) Internally illuminated individual channel letters;
(C)-Nonilluminated individual letters such as die cut metal, foam or channel letters; (D) Canopy signs;
(E) Signo painted directly on buildings cxccpt for building frontagcs along Santa Fe and Bradford Avenues.
(5) Window signs, including signc painted on windows and bonnorc, shall bc permitted subject to the following:
(A) They shall be permitted only inside a window of tho buoines„ to which such signs pertain;
(B) Total area occupied by said signo ohall not exceed moro than twenty five (25) percent of the window area through which they are displayed;
(C) Signc shall be displayed in a n at and orderly manner; (D) Painted—signo ohall s- _ - - _ _ - • - _ _
aaoactallb
-
- - - - - - - - - -
§ 22.24.020 Widths.
Minimum alley widths shall be as follows:
(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.
(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;
Ordinance 0-2024-04
(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.
Ordinance 0-2024-04