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1.N. SECOND READING AND ADOPTION OF ORDINANCE NO. O-2024-05

Placentia City Council
September 17, 2024

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1.N. SECOND READING AND ADOPTION OF ORDINANCE NO. O-2024-05
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September 17, 2024
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Agenda Item No: 1.n

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 17, 2024
Submitted by: Andrew Gonzales
From: Development Services
Subject:

Second Reading and Adoption of Ordinance No. 0-2024-05, an Ordinance of the City Council of the City of Placentia, Amending Chapter 23.105, Specific Plan 5, to permit mixed-use development, parking structures, and associated development standards on Parcel No. 9 located on a 2.72 -acre site on property located at 777 W. Orangethorpe Avenue and 776 S.

Placentia Avenue (APN 339-112-27)
Financial Impact:

Fiscal Impact:

It is anticipated the project would generate approximately $1.2 million in one-time revenue to the General Fund in the form of permit fees, however revenue from those fees are fees for service supporting the additional work for Staff created directly by the project's construction and would not be available for other City operations. An additional $2.6 million is anticipated from one-time Citywide development impact fees which can only be used for future infrastructure projects and are not available to support the daily operations of the City.

Once the project is complete, the project is expected to generate $244,209 in new General Fund revenue annually through a combination of higher property tax, sales tax, and utility users tax. The project is anticipated to require $246,435 in new annual General Fund expenses primarily for increased Police and Fire response to support the new residents. In summary, the project is projected to generate a net annual loss of ($2,226) to the General Fund.

Recommendation:

Recommended Action : It is recommended, if City Council chooses to adopt Ordinance No. 0-2024-05:

Perform Second Reading and Adoption of Ordinance No. 0-2024-05, an Ordinance of the City Council of the City of Placentia, California, amending Chapter 23.105, Specific Plan No. 5, of the Placentia Municipal Code.

Attachments

1. Ordinance 0-2024-05- SPA 2021-01 AG JL KS cmw.docx
1 ORDINANCE NO. 0-2024-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AMENDING SPECIFIC PLAN NO. 5 TO

PERMIT MIXED-USE DEVELOPMENT AND PARKING STRUCTURES
ON PARCEL 9 AND ESTABLISHING ASSOCIATED DEVELOPMENT
STANDARDS ON A 2.72 -ACRE SITE ON PROPERTY LOCATED AT
777 W. ORANGETHORPE AVENUE AND 776 S. PLACENTIA AVENUE
(APN 339-112-27).

City Attorney's Summary
This Ordinance would result in an amendment to Specific Plan No. 5 of the City of Placentia modifying Chapter 23.105, Specific Plan No. 5 (SP -5) allow mixed use (residential -commercial development) within the SP -5, Parcel 9 boundaries and will establish development standards for new mixed uses, including but not limited to gross lot area, floor area ratio (FAR), height, residential density, dwelling unit size, parking, setbacks and lot coverage of the City of Placentia Municipal Code (PMC), on property located at 777 W.

Orangethorpe Avenue and 776 S. Placentia Avenue (APN 339-112-27).

WHEREAS, the City of Placentia wishes to amend the City of Placentia Municipal Code by modifying Chapter 23.105, SP -5, to modify and expand the existing land use designations allowed within SP -5, of the Parcel No. 9 boundaries (Attachment A, Exhibit 1), establishing development standards for new mixed-use developments (residential - commercial development), including but not limited to gross lot area, FAR, height, residential density, dwelling unit size, parking, setbacks and lot coverage, that said amendment to the specific plan and municipal code will not be detrimental to the health, safety, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city; injurious to property or improvements within the neighborhood or within the city; nor consistent with the latest adopted General Plan for property located on an approximately 2.72 -acre site along north of W. Orangethorpe Avenue, east of S. Placentia Avenue, (Attachment A) to allow for the construction and operation of a 248 multi -family residential dwelling unit development, with up to 3,000 square feet of commercial retail space and a 6 -level parking structure, and certification of Mitigated Negative Declaration No. 2021-01 and finds that the MND was prepared in full compliance with the California Environmental Quality Act ("CEQA"), California Public Resources Code §§ 21000, et seq., and the Environmental Guidelines of the City of Placentia; and
WHEREAS, on or about July 9, 2023, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, and recommended that the City Council of the City of Placentia deny General Plan Amendment No. 2022-01, Specific Plan Amendment No. SPA 2021-01, Development Plan Review No. DPR 2022-02; and
Ordinance 0-2024-05

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2 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, on September 3rd, 2024, the City Council of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, all other prerequisites to the adoption of this resolution 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 has complied with the requirements of CEQA and the City of Placentia Environmental Guidelines. In adopting Resolution No. R-2024-60, the City Council certified and adopted Mitigated Negative Declaration No. 2021-01 and finds that the Addendum was prepared in full compliance with the California Environmental Quality Act ("CEQA"), California Public Resources Code §§ 21000, et seq., and the Environmental Guidelines of the City of Placentia.

SECTION 4. The City Council hereby amends the City of Placentia Municipal Code by modifying Chapter 23.105, Specific Plan No. 5 (SP -5), as set forth in Attachment "B", attached hereto and by this reference made a part hereof. The property depicted in Attachment "A" is proposed for a site modification to allow additional land uses, including mixed-use developments (residential -commercial), and parking structures. This modification will include establishing development standards for gross lot area, floor area ratio (FAR), building height, residential density, dwelling unit size, parking requirements, setbacks, and lot coverage.

SECTION 5. The City Council finds, in accordance with the requirements of Section 23.96.040 ("Amendments") of the Placentia Municipal Code, that the proposed amendment to the municipal code will not be detrimental to the health, safety or general Ordinance 0-2024-05

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3 welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city, and that it will not be injurious to property or improvements within the neighborhood or 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 the 3rd day of September 2024.

PASSED, APPROVED AND ADOPTED this 17th day of September 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
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 3rcl day of September 2024 and adopted at a regular meeting of the City Council of the City of Placentia, held on the 17th day of September 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Ordinance 0-2024-05

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4 ATTEST:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
ATTACHMENT A: Map of Project Area
ATTACHMENT B: Amendment to Chapter 23.105, Specific Plan 5 Ordinance 0-2024-05

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5 ATTACHMENT "A"

MAP OF PROJECT AREA
• A
z
Ordinance 0-2024-05

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6 ATTACHMENT "B"
Amendment to Chapter 23.105, Specific Plan 5
CHAPTER 23.105 SPECIFIC PLAN 5
Note
* Prior ordinance history: Ordinances 86-0-118, 88-0-118 and 90-0-101. § 23.105.010. Location.

This specific plan shall encompass 19.13 +/- net acres at the northeast corner of Placentia Avenue and Orangethorpe Avenue, 727 +/- feet south of Crowther Avenue and lying west of Placentia Storm Drain Channel, represented by the following specific plan area map:

Exhibit A
(Ord. 95-0-118, 1995; Ord. 0-2019-05 § 3, 2019)
§ 23.105.020. Purpose.

The specific plan is intended to provide a site for retailers and businesses, which through the characteristics of their respective services offered, cater to the entire community. (Ord. 95-0-118, 1995)
§ 23.105.030. Permitted uses for parcels 1, 2, 3, 4, 5, 6, 8 and 10.

All retail, business and office uses are permitted on these parcels as shown on Exhibit A attached to the ordinance codified in this chapter and on file in the office of the city clerk, including but not limited to the following examples:
(1) Apparel stores;
(2) Appliance stores;
(3) Educational and training offices;
(4) Financial institutions;
(5) Food stores.

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7 (6) General administrative offices;
(7) Health clubs;;
(8) Home improvement centers;
(9) Hotels with lounges;
(10) Medical and dental offices and clinics;
(11) Professional offices;
(12) Research and development including laboratories;
(13) Restaurants including drive-through facilities;
(14) Sales and service operations with or without light assembly and storage; (15) Small outdoor seating areas per Section 23.81.165; (16) Use conformity determination.

Notwithstanding the provisions of this section, the planning commission of the city of Placentia may, upon application made pursuant to the provisions of Chapter 23.87, review and determine whether a proposed use, not otherwise specified in this section, conforms to the intent and purpose of this chapter with regard to permitted uses and has characteristics similar to those uses listed in this section. The city administrator shall determine the number of plot plans to be submitted together with the application. The planning commission shall make the findings required by Section 23.87.040(1) and (2) in making any such determination.
(Ord. 95-0-118, 1995; Ord. 97-0-107 § 1, 1997; Ord. 0-2010-09 § 5, 2010) § 23.105.040. Permitted uses for parcels 6 and 7.

The primary purpose of parcels 6 and 7 is hotel in nature. All retail, business and office uses listed in Section 23.105.030 shall be permitted. (Ord. 95-0-118, 1995) § 23.105.050. Permitted uses for parcels 9 and 11.

The purpose of these parcels is to provide a site for motor vehicle dealerships, and for other selected other commercial uses. Hospitality uses listed in Section 23.105.030 shall be permitted. General retail, financial, office, medical, and restaurant uses including drive- through facilities listed in Section 23.105.030 shall be permitted. On Parcel 9, a mixed- use project with up to 248 units shall be permitted.
(Ord. 95-0-118, 1995; Ord. 0-2019-05 § 3, 2019)
§ 23.105.060. Uses subject to obtaining a use permit for all parcels. (1) Establishments that sell alcoholic beverages including on- and off -sale; (2) Uses similar to those permitted in Section 23.105.030 with special design characteristics which have the potential to adversely affect the health, safety and general welfare of the surrounding neighborhood;
(3) Large outdoor seating areas per Section 23.81.165.
(Ord. 95-0-118, 1995; Ord. 97-0-107 § 2, 1997)
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8 § 23.105.070 Height.

Maximum allowable building height shall be seventy-five (75) feet. Rooftop amenities and architectural projections, such as and not limited to, clubhouses, swimming pools, tennis courts, open space areas, fitness centers, are permitted to project sixteen (16) ft. above the maximum height limit if integrated into the overall design of the project and the maximum rooftop building coverage is limited to forty (40) percent of the rooftop floor area.
(Ord. 95-0-118, 1995; Ord. 0-2019-05 § 3, 2019)
§ 23.105.080 Lot coverage.

Not more than eighty-five (85) percent of the net lot area shall be devoted to main and accessory building area, parking area or driveways except on those lots containing an auto dealership where one hundred (100) percent coverage shall be permitted. (Ord. 95-0-118, 1995)
§ 23.105.090 Front yard setback.

Minimum front yard setbacks shall be fifteen (15) feet. The front yard setbacks on Parcel 9 shall be 10 feet. All of the required yard area shall be landscaped and maintained, except for drive entrances.
(Ord. 95-0-118, 1995)
§ 23.105.100 Side yard.

Minimum side yard setback shall be fifteen (15) feet when adjacent to public streets. Side yards adjacent to public streets shall be landscaped and maintained. All other side yards shall be a minimum of three (3) feet. Parking shall be permitted within the side yard setback except in areas designed for landscaping. Minimum side yard setbacks on Parcel 9 shall be 10 feet.
(Ord. 95-0-118, 1995)
§ 23.105.110. Rear yard.

Minimum rear yard setback shall be fifteen (15) feet. A minimum of five (5) feet shall be landscaped and maintained. Minimum rear setback on Parcel 9 shall be 10 feet. (Ord. 95-0-118, 1995)
§ 23.105.120. Distance between buildings.

The minimum distance between buildings shall be twelve (12) feet, except for buildings on parcels 9 and 11.
(Ord. 95-0-118, 1995)
§ 23.105.130. Walls and fences.

All fences shall be six (6) feet high chain link with one (1) inch private decorative slatting, color to be compatible with architecture of building. These fences shall occur along the southerly, easterly and northerly exterior property lines on parcels 1 through 7, as shown Ordinance 0-2024-05

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9 on Exhibit A attached to the ordinance codified in this chapter and on file in the office of the city clerk.
(Ord. 95-0-118, 1995)
§ 23.105.140 On-site parking.

Parking shall be provided per Chapter 23.78 for all areas covered by the specific plan, with the following exceptions:
(1
(A) Parking for parcels 1 and 2 shall be combined to meet requirements. (B) Parking for parcels 3 and 4 shall be combined to meet requirements. (2)
Reciprocal parking shall be provided between parcels 1 and 2 and parcels 3 and 4. (Ord. 95-0-118, 1995)
(3) Parking for a mixed-use proiect on Parcel 9 shall be shared between the retail and the residential units. Residential parking shall be one (1) space per dwelling unit for bachelor and one (1) bedroom units, one and one half (1.5) spaces per dwelling unit for two (2) bedroom units, two (2) spaces per dwelling unit for three (3) bedroom units, and quest parking at one (1) space per five (5) dwelling units, which guess parking shall be shared with the retail.
§ 23.105.150 Signs.

All signs shall be integrated with the design of the development and shall reflect the architecture of the building except those provided for in Section 23.90.160 (temporary advertising devices) and shall not be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, and shall comply with all local building and electrical codes and their supporting structures shall be enclosed, structurally safe and maintained in good condition.
(1)
(A) Project entry monument signs shall not exceed four (4) feet in height and twenty-four (24) feet in length.
(B) Two project entry signs as shown on Exhibit B, attached to the ordinance codified in this chapter, shall be permitted.
(2) Interior monument signs shall not exceed four (4) feet in height and ten and one-half (10.5) feet in length.
(3)
(A) Freeway signs shall not exceed twenty (20) feet in height above freeway driving surface.
(B) Freeway signs shall not exceed fifteen (15) feet in width. (C) Two freeway signs as shown on Exhibit B, attached to the ordinance codified in this chapter, shall be permitted.
(4)
(A) Building tenant directory signs shall not exceed six and one-half (6.5) feet in height and five (5) feet in width.
(B) Seven (7) building tenant directory signs as shown on Exhibit B, attached to the ordinance codified in this chapter, shall be permitted.

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10 (5)
(6)
(A) Tenant identification signs shall meet the material and design criteria dictated by the sign specifications for the park.
(B) Each tenant identification sign shall not exceed one and one-half (1.5) square foot per lineal foot of building frontage on which the sign is located. (A) Truck door identification signs shall be attached to the building. No portion of any sign may project more than six (6) inches from the face of the building to which it is attached.
(B) Each truck door identification sign shall not exceed four (4) square feet. (7) Additional signs shall be permitted subject to the review and approval of the planning commission.
(Ord. 95-0-118, 1995)
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