Agenda packet, first session — Placentia City Council, July 1, 2025

Robert S. McKinnell
City Clerk
Kevin A. Larson
City Treasurer
Jennifer Lampman
City Administrator
Christian L. Bettenhausen
City Attorney
Placentia City Council
Placentia City Council as Successor to the
Placentia Redevelopment Agency
Placentia Industrial Commercial
Development Authority
Placentia Public Financing Authority
AGENDA
July 1, 2025
Council Chambers
401 E Chapman Ave.

Placentia, CA 92870
Phone: (714) 993-8117
Email: [email protected]
www.placentia.org

KEVIN KIRWIN
Mayor
District 2
CHAD P. WANKE
Mayor Pro Tem
District 4

THOMAS HUMMER
Councilmember
District 1
WARD L. SMITH
Councilmember
District 5
JEREMY B. YAMAGUCHI
Councilmember
District 3

Mission Statement
The City Council is committed to keeping Placentia a pleasant place by providing a safe family atmosphere, superior public services and policies that promote the highest standards of community life.

Vision Statement
The City of Placentia will maintain an open, honest, responsive and innovative government that delivers quality services in a fair and equitable manner while optimizing available resources.

Copies of all agenda materials are available for public review in the Office of the City Clerk, online at www.placentia.org , and at Placentia Library Reference Desk. Persons who have questions concerning any agenda item may call the City Clerk's Office, (714) 993-8231, to make inquiry concerning the nature of the item described on the agenda.

Procedures for Addressing the Council/Board Members
Any person who wishes to speak regarding an item on the agenda or on a subject within the City's jurisdiction during the "Oral Communications" portion of the agenda should fill out a "Speaker Request Form" and give it to the City Clerk BEFORE that portion of the agenda is called. Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak on a Public Hearing item should fill out a "Speaker Request Form" and give it to the City Clerk BEFORE the item is called.

The Council and Board members encourage free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of an entire group. To encourage all views, the Council and Board discourage clapping, booing or shouts of approval or disagreement from the audience.

PLEASE SILENCE ALL PAGERS, CELL PHONES, AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL AND BOARD MEMBERS ARE IN SESSION.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at (714) 993-8231. Notification 48 hours prior to the meeting will generally enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) In compliance with California Government Code § 54957.5, any writings or documents provided to a majority of the City Council regarding any item on this agenda that are not exempt from disclosure under the Public Records Act will be made available for public inspection at the City Clerk's Office at City Hall, 401 East Chapman Avenue, Placentia, during normal business hours.

Study Sessions are open to the public and held in the City Council Chambers or City Hall Community Room. Closed Sessions are held in the Council Caucus Room. While the public may be in attendance during oral announcements preceding Closed Sessions, Closed Sessions are not open to the public.

1 PLACENTIA CITY COUNCIL

REGULAR MEETING AGENDA - CLOSED SESSION
July 1, 2025
5:00 p.m. - City Council Chambers
401 E. Chapman Avenue, Placentia, CA
CALL TO ORDER:

ROLL CALL:

Councilmember/Board Member Hummer
Councilmember/Board Member Smith
Councilmember/Board Member Yamaguchi
Mayor Pro Tem/Board Vice Chair Wanke
Mayor/Board Chair Kirwin
ORAL COMMUNICATIONS:

At this time the public may address the City Council and Boards of Directors concerning any items on the Closed Session Agenda only. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors. The City Council and Boards of Directors will recess to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings.

CLOSED SESSION PROCEEDINGS:

The City Council and Boards of Directors will recess to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings.

Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representatives: Jennifer Lampman, City Administrator Alice Burnett, Director of Human Resources
Employee Organizations: Placentia City Employees Association (PCEA) Placentia Firefighters Association (PFA)
Placentia Fire Management Association (PFMA)
Placentia Police Management Association (PPMA)
Placentia Police Officers Association (PPOA)
Unrepresented Employees

Pursuant to Government Code Section 54957(b)(1):

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Administrator

RECESS: The City Council and Boards of Directors will recess to their 7:00 p.m.

Regular Meeting.
2 1.CONSENT CALENDAR (1.a..1.d):

1.a Consideration to Waive Reading in Full of all Ordinances and Resolutions

PLACENTIA CITY COUNCIL

REGULAR MEETING AGENDA
July 1, 2025
7:00 p.m. - City Council Chambers
401 E. Chapman Avenue, Placentia, CA
CALL TO ORDER:

ROLL CALL:

Councilmember/Board Member Hummer
Councilmember/Board Member Smith
Councilmember/Board Member Yamaguchi
Mayor Pro Tem/Board Vice Chair Wanke
Mayor/Board Chair Kirwin
INVOCATION: Chaplain Charles Frost
PLEDGE OF ALLEGIANCE: Placentia Police Chief Michael Butts PRESENTATIONS:
a. Proclamation recognizing Placentia Fire & Life Safety Department's 5 Year Anniversary
Presenters: Mayor Kirwin and City Council
Recipient: Placentia Fire & Life Safety Department CLOSED SESSION REPORT:

CITY ADMINISTRATOR REPORT:

ORAL COMMUNICATIONS:

At this time the public may address the City Council and Boards of Directors concerning any agenda item, which is not a public hearing item, or on matters within the jurisdiction of the City Council and Boards of Directors. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors.

CITY COUNCIL MEMBER COMMENTS:

All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any Member of the City Council and Boards of Directors or City Administrator may request an item be removed from the Consent Calendar for discussion. All items removed shall be considered immediately following action on the remaining items.

Fiscal Impact:

None.

Recommended Action: It is recommended that the City Council:
3 1.b City Fiscal Year 2024-25 Registers for July 1, 2025 Check Register
Fiscal Impact: $ 544,798.98
Electronic Disbursement Register
Fiscal Impact: $ 3,400,401.44

1.c School Resource Officer Agreement

1.d Amendment No. 2 to Professional Services Agreement with HR Green for Design Services on Old Town Streetscape Improvement Project

2.PUBLIC HEARING:

2.a Introduction and First Reading of Ordinance No. O-2025-05, amending development standards and regulatory requirements in Title 23 (“Zoning”) of the Placentia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to be in compliance with State law (Zoning Code Amendment No. ZCA 2025- 01)
Approve.

Recommended Action: It is recommended that the City Council: Receive and file.

Fiscal Impact:

Expense: $249,900
Revenue: $184,900 (School District reimburses 79% of SROs Actual Amount)

Recommended Action: I t is recommended that the City Council take the following actions:

1. Approve the City of Placentia and Placentia-Yorba Linda Unified School District School Resource Officer Agreement; and

2. Authorize the City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.

Fiscal Impact:

Expense: $150,000 Amendment No. 2 for Additional Design Services for Old Town Streetscape Improvement Project
Budget: $150,000 FY 25-26 (206-90300-9600 26-101)

Recommended Action: It is recommended that the City Council take the following actions:

1. Approve Amendment No. 2 to a Professional Services Agreement with HR Green Pacific to provide additional design services for the Old Town Streetscape improvement project in the amount of $150,000; and

2. Authorize the City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.

Fiscal Impact:

None.

Recommended Action: It is recommended that the City Council take the following 4 2.b Introduction and First Reading of Ordinance No. O-2025-06 amending development standards and regulatory requirements in Title 22 (“Subdivisions”) and Title 23 (“Zoning”) of the Placentia Municipal Code relating to Two-Unit housing developments and Urban Lot Splits, in accordance with State Law (Zoning Code Amendment No. ZCA 2025-02)

3.REGULAR AGENDA:

3.a Adoption of Guidelines and Procedures for implementing the provisions of the California Environmental Quality Act for projects in the City of Placentia actions:

1. Open the Public Hearing concerning Zoning Code Amendment No. 2025-01 and Ordinance No. O-2025-05; 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 adoption of Zoning Code Amendment No. 2025-01 is exempt from CEQA pursuant to CEQA Guidelines Section 15282(h) and is categorically exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3); and

5. Waive full reading, by title only, and introduce for first reading, Ordinance No.

O-2025-05, an Ordinance of the City Council of the City of Placentia, California amending Chapter 23.73 of the Placentia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in accordance with State law.

Fiscal Impact:

None

Recommended Action: It is recommended that the City Council take the following actions:

1. Open the Public Hearing concerning Zoning Code Amendment No. 2025-02 and Ordinance No. O-2025-06; 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 adoption of Zoning Code Amendment No. 2025-02 is not a “project” pursuant to the California Environmental Quality Act and therefore, the proposed Ordinance is not subject to CEQA review; and

5. Waive full reading, by title only, and introduce for first reading, Ordinance No.

O-2025-06, an Ordinance of the City Council of the City of Placentia, California amending Chapter 22.80 (Urban Lot Splits), Chapter 23.13 (Two-Unit Housing) and Chapter 23.81 (General Regulations and Exceptions) of the Placentia Municipal Code in accordance with State law.

Fiscal Impact:

No Impact

Recommended Action: It is recommended that the City Council take the following 5 action:

1. Adopt Resolution No. R-2025-36, a Resolution of the City Council of the City of Placentia, California, finding that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts; and, adopting Guidelines and Procedures for implementing the provisions of the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) for projects in the City of Placentia.

CITY COUNCIL MEMBERS REQUESTS:

Council Members may make requests or ask questions of Staff. If a Council Member would like to have formal action taken on a requested matter, it will be placed on a future Council or Board Agenda.

ADJOURNMENT
The City Council/Successor Agency/ICDA/PPFA Board of Directors will adjourn to a regular City Council meeting on Tuesday, July 15, 2025 at 5:00 p.m.

TENTATIVE AGENDA FORECAST:

Sewer Rate Study Session
Resolution Adopting the Annual Statement of Investment Policy for Fiscal Year 2025-26 Approval of Final Tract Map No. 19300 for the Subdivision of an Approximate 4.954- Acre site with 140 Residential Townhome Condominium Units Located on Four Parcels at 440 N. Jefferson Street
Approval of the Sewer System Management Plan

CERTIFICATION OF POSTING
I, Nancy Albitre-Seely, Interim Deputy City Clerk for the City of Placentia and Assistant Secretary of the Industrial Commercial Development Authority, the Successor Agency, and the Placentia Financing Authority hereby certify that the Agenda for the July 1, 2025, meetings of the City Council, Successor Agency, and Industrial Commercial Development Authority, and the Placentia Public Financing Authority was posted on June 26, 2025.

______________________________________________________
Nancy Albitre-Seely, Interim Deputy City Clerk
6 PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Nancy Albitre-Seely
From: City Attorney's Office
Subject:

Pursuant to Government Code Section 54957.6

Pursuant to Government Code Section 54957(b)(1):

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Administrator

7 PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Nancy Albitre-Seely
From: City Clerk
Subject:
a. Proclamation recognizing Placentia Fire & Life Safety Department's 5 Year Anniversary
Presenters: Mayor Kirwin and City Council
Recipient: Placentia Fire & Life Safety Department 8 Agenda Item No: 1.a

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Nancy Albitre-Seely
From: City Clerk
Subject:

Consideration to Waive Reading in Full of all Ordinances and Resolutions Financial Impact:

Fiscal Impact:

None.

Recommendation:

Recommended Action: It is recommended that the City Council:

Approve.
9 Agenda Item No: 1.b

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Gabriela Calin
From: Finance
Subject:

City Fiscal Year 2024-25 Registers for July 1, 2025
Check Register
Fiscal Impact: $ 544,798.98
Electronic Disbursement Register
Fiscal Impact: $ 3,400,401.44
Recommendation:

Recommended Action: It is recommended that the City Council: Receive and file.

Attachments
Check Register 07.01.2025.pdf
ACH Check Register 07.01.2025.pdf
10 11

12 13

14 15

16 17

18 19

20 21

22 23

24 25

26 27

28 29

30 31

32 33

34 35

36 37

38 39

40 41

42 43

44 45

46 47

48 49

50 51

52 53

54 55

56 57

58 59

60 61

62 63

64 65

66 67

68 69

70 71

72 73

74 75

76 77

78 79

80 81

82 83

84 85

86 87

88 89

90 91

Agenda Item No: 1.c

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Teri Knutson
From: Police Department
Subject:

School Resource Officer Agreement
Financial Impact:

Fiscal Impact:

Expense: $249,900
Revenue: $184,900 (School District reimburses 79% of SROs Actual Amount) Summary:

The City of Placentia has a longstanding contractual agreement with the Placentia-Yorba Linda Unified School District (PYLUSD) where the City provides two School Resource Officers, one at El Dorado and one at Valencia high schools. PYLUSD reimburses 79% of the actual compensation (salary plus benefits) for two School Resource Officers for the nine months of the school year. As a result, the net cost to the City is estimated at $65,000 annually. The proposed contract is for a new five-year term, with an Amendment executed each year updating the actual costs of the SRO (School Resource Officer) compensation.

Recommendation:

Recommended Action: I t is recommended that the City Council take the following actions:

1. Approve the City of Placentia and Placentia-Yorba Linda Unified School District School Resource Officer Agreement; and

2. Authorize the City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Goal #2 to Ensure that Public Safety Continues to be a High Priority, Objective No. 2, Consider sharing of services to other cities.

Discussion:

The City of Placentia provides two School Resource Officers at El Dorado and Valencia high schools via a contractual relationship with PYLUSD. The officers provide support to all Placentia schools, as needed. The program provides crime prevention efforts directly to students and educates potential school-age victims in crime prevention and safety. In addition to positively impacting the student population, the program addresses staff and parental perceptions of school safety.
92 As in previous contracts, the proposed Agreement provides for a five-year term. Each year, an amendment is executed to adjust the annual amount for salary and benefit increases afforded to the two assigned police officers pursuant to their Memorandum of Understanding (MOU). PYLUSD reimburses 79% of the actual compensation (salary plus benefits) for two School Resource Officers annually. The net cost to the City is $65,000 annually.

Fiscal Impact Summary:

Under the Agreement, PYLUSD reimburses 79% of actual amounts, with revenue paid to the City of Placentia by the School District at $184,891.50 for FY 2025/2026. The School District’s portion is calculated for the nine (9) months of the school year. The City’s remaining cost of 21% is $65,531.17, which covers the entire 12 months of the fiscal year. Both the City and School District amounts are updated annually to reflect salary and benefit adjustments for the two SRO positions.

Attachments

1. SRO Contract 2025 to 2030.docx

2. SRO Breakdown FY25-26 (Rates Effective July 1 2025).xlsx 93 CITY OF PLACENTIA AND PLACENTIA-YORBA LINDA

UNIFIED SCHOOL DISTRICT

SCHOOL RESOURCE OFFICER AGREEMENT

This agreement is made and entered into as of July 1, 2025, by and between The CITY OF PLACENTIA, a Charter City and municipal corporation, (“City”) and the PLACENTIA- YORBA LINDA UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California, (“District”) (collectively the “Parties”).

A. Recitals.
(i) In recent years, the Parties have determined that there is a need to place a police officer in the local high schools in order to more effectively deal with police-related issues that are unique to school campuses. It is the intent of this Agreement that Placentia police officers will work on campus, handle crimes that occur on campus, and be utilized for crisis intervention, counseling and mentoring of students.
(ii) The Parties desire to establish an effective mechanism for the provision of such services on District high school sites.
(iii) All legal prerequisites to the making of this Agreement have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein it is agreed by and between City and District as follows:

B. Agreement.

1. City and District agree that District shall pay 79% and City shall pay the remaining 21% of the cost of two (2) full-time sworn police officers to be committed to full-time (school year) duties as a School Resource Officer (“SRO”) per Schedule “A”.

2. The SRO shall be an employee of City, and City shall be responsible, in all aspects for compensation, training, coordination and management of duties, discipline, and all other matters related to his/her employment; provided, however, that the individual employed by City as SRO shall be acceptable to District. The SRO shall comply with all District rules and regulations.

3. City and District agree that the duties of the SRO shall be as follows:
(a) Act as resource person for the schools, students, parents, teachers, school staff and others involved in the welfare and education of youth.
(b) Counsel students and parents.
94 (c) Assist the school authorities in determining the most appropriate courses of action in cases involving actual violations of law on campus or at-risk youth. (d) Cooperate with school authorities in finding resources that may assist in helping at- risk students.
(e) Inspect school facilities for reasonable security precautions, traffic patterns, and vandalism deterrents.
(f) Take reports of criminal offenses that occur on school property and submit them to the Police Department for follow-up. Develop a friendly, non-threatening relationship with students.
(g) Give presentations to students on administration of justice, youth, and the law; rights and responsibilities of students and parents; bicycle, and pedestrian safety, drug abuse, anti-gang messages, and other topics as mutually agreed.
(h) Meet with PTA groups, teacher groups, student body groups, and other interested groups as deemed necessary and appropriate.
(i) Assist in planning and supervising dances, sporting events, and other school activities.

Both parties agree the SRO shall not be responsible for the following:
(1) Discipline of students.
(2) Enforcement of school rules and regulations.

4. The District and City acknowledge and agree that for purposes of sharing pupil record information, the SRO shall be deemed a “school official” consistent with applicable federal and state law and regulations. Pursuant to 34 Code of Federal Regulations (§99.31(a)(1)(i)(B)), both parties agree that the SRO, as a school official:
(a) Performs a service or function, as noted in this Agreement, for which the District would otherwise use employees;
(b) Is under the direct control of the District with respect to the use and maintenance of education records;
(c) Is subject to the requirements in §99.33(a) that the personally identifiable information (PII) from education records may be used only for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of students, and governing the redisclosure of PII from education records; and (d) Meets the criteria specified in the District’s annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records. 95 That criteria includes the above three points and limits access to pupil records to those pupil records that SRO needs to review in order to fulfill his or her professional responsibility.

In addition, both parties agree that SROs acting as school officials under this Agreement may only use personally identifiable information from pupil records for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of the students, in accordance with 34 CFR §§99.31(a)(1)(i)(B)(3) and 99.33(a)(2). In addition, SROs under this Agreement are subject to FERPA’s redisclosure requirements in 34 CFR §99.33(a), which means that a SRO who is acting as a “school official” under FERPA may not redisclose pupil record information from education records to others, including other employees of his or her police department who are not acting as school officials without consent, unless the disclosure fits within one of the exceptions to consent in FERPA such as a subpoena, court order, emergency determined by the District, or directory information if the parent/legal guardian has not opted out.

5. District agrees to reimburse City for the annual cost of the SRO in the amount of 79% of the total cost to cover the two (2) SRO positions serving District. The amount will be updated and provided by the City annually to District. Said may be reduced based upon the actual costs incurred by City and shall be subject to adjustment in subsequent years as mutually agreed upon between the parties. Such adjustment in subsequent years shall not exceed the increase in the consumer price index for Southern California area during the year immediately preceding the proposed adjustment.

6. District further agrees to make available office space for the SRO at District’s schools, including office materials and supplies. Payment to the City by the District pursuant to this Agreement shall be made based upon quarterly invoices for cost incurred, payable October1, January 1, April 1 and June 30 of each year in which the Agreement is in effect.

7. The City agrees to indemnify and hold District harmless from any and all liabilities, claims, and costs, including reasonable attorneys’ fees associated with any claims or demands related to the conduct of the SRO or services provided by him/her pursuant to this Agreement.

City shall, however, have no obligation to indemnify and hold District harmless for the negligent or intentional wrongful acts of District’s officials, employees, and agents.

8. District hereby agrees to indemnify and hold City harmless from any and all liabilities, claims, and costs, including reasonable attorneys’ fees associated with any claims or demands related to the conduct of the SRO or services provided by him/her pursuant to direction of District officials or staff DISTRICT shall, however, have no obligation to indemnify and hold City harmless for the negligent or intentional wrongful acts of City’s officials, employees, and agents.
96 9. This Agreement shall automatically renew annually for an additional period of one (1) year commencing July 1 of the next succeeding year, unless either Party elects to terminate or alter the Agreement as hereafter provided, up to a total of five (5) years. If either Party wishes to terminate this Agreement without cause or alter its renewal terms, the Party desiring the alteration or termination shall notify the other Party in writing sixty (60) days prior to the proposed alteration or termination date.

CITY OF PLACENTIA, PLACENTIA-YORBA LINDA

______________________________
Jennifer Lampman, City Administrator

ATTEST:

______________________________ _____________________________ Robert S. McKinnell City Clerk Allan Mucerino, Ed. D.

Acting Superintendent

Approved as to form:

_______________________________ ______________________________ City Attorney Date of Board Approval

Attachment: Schedule“A”

City of Placentia, School Resource officer, Compensation FY 2025/2026 To be updated annually by City pursuant to Section 5 of the Agreement 97 SRO
Hourly Rate Hourly Rate
Step D Hourly MONTHLY ANNUAL Step D Hourly MONTHLY ANNUAL Annual Salary (Hourly Rate * 2080 hours)50.99$ 8,838.27$ 106,059.20$ Annual Salary (Hourly Rate * 2080 hours)50.99$ 8,838.27$ 106,059.20$ Additional Monthly Pay:Rate Additional Monthly Pay:Rate Bilingual Bilingual
SRO 5.0%441.91$ 5,302.96$ SRO 5.0%441.91$ 5,302.96$ POST - BASIC 2.5%-$ POST - BASIC 2.5% POST - INTERMIDIATE 4.5%-$ POST - INTERMIDIATE 4.5% Education BA 7.0%618.68$ 7,424.14$ POST - ADVANCE 7.0% PPOA Longevity Pay 4.0%PPOA Longevity Pay 4.0%
RANGE 2.5%
Monthly Benefits:Monthly Benefits:

Health 1,972.00$ 23,664.00$ Health (Opt Out)400.00$ 4,800.00$ Dental 40.46$ 485.52$ Dental 15.65$ 187.80$ Optical 22.99$ 275.88$ Optical 7.82$ 93.84$ Life 12.50$ 150.00$ Life 12.50$ 150.00$ LTD 34.82$ 417.85$ LTD 34.82$ 417.85$ STD 30.99$ 371.84$ STD 30.99$ 371.84$ PERS (Safety - Pepra)1,384.85$ 16,618.20$ PERS (Safety - Classic)2,540.91$ 30,490.96$ Medicare 143.53$ 1,722.40$ Medicare 134.56$ 1,614.75$ EAP 3.00$ 36.00$ EAP 3.00$ 36.00$ Total Salary and Benefits:Total Salary and Benefits:

Salary 9,898.86$ 118,786.30$ Salary 9,280.18$ 111,362.16$ Benefits 3,501.61$ 42,019.29$ Benefits 3,045.69$ 36,548.29$ Payroll Taxes 143.53$ 1,722.40$ Payroll Taxes 134.56$ 1,614.75$ Total Costs 13,544.00$ 162,528.00$ Total Costs 12,460.43$ 149,525.20$ Full Hourly Rate Full Annual Rate Full Hourly Rate Full Annual Rate PYLUSD Portion 79%61.73$ 128,397.12$ PYLUSD Portion 79%56.79$ 118,124.91$ City Portion 21%16.41$ 34,130.88$ City Portion 21%15.10$ 31,400.29$ Total Costs Monthly X 79% = $10,699.76 X 9 months = $96,297.84 Total Costs Monthly X 79% = $9,843.74 X 9 months = $88,593.66 Total PYLUSD 184,891.50$
Officer Jung Officer Cleveland
City of Placentia School Resource Officer
Compensation FY 2025/2026
Schedule A
98 Agenda Item No: 1.d

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:

Amendment No. 2 to Professional Services Agreement with HR Green for Design Services on Old Town Streetscape Improvement Project
Financial Impact:

Fiscal Impact:

Expense: $150,000 Amendment No. 2 for Additional Design Services for Old Town Streetscape Improvement Project
Budget: $150,000 FY 25-26 (206-90300-9600 26-101)
Summary:

On April 4, 2023, the City Council approved a Professional Services Agreement (PSA) with HR Green Pacific to provide design services for the preparation of construction documents for the Old Town Streetscape project. This project is the final implementation of the Old Town Streetscape Master Plan adopted by the City Council in 2017. This plan will revitalize the area by improving safety and accessibility. Construction will be funded through the Enhanced Infrastructure Financing District (EIFD). During interdepartmental coordination and plan review that occurred towards the end of the design process, Staff determined that the proposed design may affect the ability of future large fire engines to effectively and efficiently navigate portions of the corridor. As a result of this concern, Staff determined in the interest of fire and life safety that a redesign of the affected segments of the plan was needed. Staff recommends approval of Amendment No. 2 to the subject agreement to complete the Old Streetscape project construction documents. The action would increase the not to exceed amount by $150,000 to $819,454, including previously approved additional service requests.

Recommendation:

Recommended Action: It is recommended that the City Council take the following actions:

2. Authorize the City Administrator and/or her designee to execute the necessary documents, in a form approved by the City Attorney.

Strategic Plan Statement:

There is no specific Strategic Plan Goal or Objective associated with this Council action, however, it is related to Goal 3, Objective 3.4: Complete the Financing Structure for the Old 99 Town Enhanced Infrastructure Financing District (EIFD). The City/County EIFD will pay for the construction costs associated with this project under a separate financing mechanism.

Discussion:

In 2017, the City Council adopted the Old Town Placentia Streetscape Master Plan. The plan was created and adopted as part of the Old Town Placentia Revitalization Plan which also included newly adopted development standards and zoning for Old Town. A similar plan and rezoning effort was adopted by the City Council for the adjacent Transit Oriented/Packinghouse District (TOD). While private developers are paying for newly constructed streetscape improvements in the TOD, a separate funding source for streetscape improvements in Old Town had yet to be secured until 2020 when the City and County of Orange entered a partnership to create an Enhanced Infrastructure Financing District (EIFD) within and around Old Town Placentia.

The EIFD allocates City and County property tax revenue to construct public infrastructure improvements within the EIFD/Old Town project area utilizing tax increment financing. This partnership was the first of its kind in the State. The EIFD sets aside a small portion of existing property tax revenue collected each year from properties located within the project area for use in improving or providing new public infrastructure within the same project area. EIFDs were created by the State Legislature to help spur private investment in neighborhoods where public investment in supporting infrastructure has occurred. Property tax rates within the project area remain unchanged and there was no increase in taxes paid by the property owners located within the EIFD. It is anticipated that lease revenue bonds will be issued to provide the needed capital to construct the planned streetscape improvements.

The City Council allocated funds in the Capital Improvement Program Budget (CIP) to provide the engineering and landscape architecture design services needed to prepare shovel-ready construction plans and bid specifications for the improvements included in the adopted streetscape master plan. Staff proceeded accordingly and on April 4, 2023, the City Council approved a Professional Services Agreement (PSA) with HR Green Pacific for 2 years to provide design services for the preparation of construction documents for the Old Town Streetscape project. Additionally, on April 7, 2025, the Interim City Administrator approved Amendment No. 1 extending the original term of the agreement to April 4, 2026, to provide additional time to complete the remainder of the design work.

Towards the end of the design process the project management team circulated 90% construction documents to the team for review and comments. At this time the Fire Department raised two concerns to the design team regarding the proposed street geometry.

The first was within the proposed one-way segments along Bradford and Santa Fe Avenue where there was a substandard width proposed which would affect future fire apparatus's ability to fully deploy its equipment in the event of an emergency. The other concern was regarding the curb return radii throughout the corridor and how it may affect larger equipment's ability to maneuver through the intersection. In order to make these significant changes to the street geometry at this point in the process, the consultant would need to spend additional hours that were unanticipated and not part of the current scope of work.

To ensure a final constructed project that suits the needs of the City, the project management team is recommending amending the original agreement to add an additional $150,000 which is required for the consultant to redesign the affected portions. 100

Fiscal Impact Summary:

The total design costs for the consultant to complete the preparation of construction documents amounts to $819,454. This includes the original agreement amount of $608,594, 10% of approved additional service requests in the amount of $60,860, and the $150,000 being requested as a part of this amendment. A total of $150,000 for the cost of this agreement amendment has been appropriated in the Fiscal year 2025-26 CIP budget. As such sufficient funds exist for the recommended actions.

Attachments
Attachment #1 - HR Green Pacific - Amendment #2.pdf
Attachment #2 - HR Green COI.pdf
101

Page 1 of 2 ends

AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

WITH HR GREEN PACIFIC

This Amendment No. 2 (“Amendment”) to Professional Services Agreement is made and entered into effective the 1st day of July, 2025, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation (“CITY”), and HR Green Pacific, a California corporation (hereinafter “CONSULTANT”). CITY and CONSULTANT are sometimes hereinafter individually referred to as “Party” and or collectively referred to as the “Parties.”

A. Recitals.

(i) CITY and CONSULTANT entered into a Professional Services Agreement (“Agreement”) effective April 4, 2023 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit “A”.
(ii) The Parties now seek to amend the Agreement to increase the compensation by $150,000 for additional work related to engineering and landscape architecture design of the Old Town Streetscape. Including previously approved additional service requests, the total not to exceed amount is $819,454 .

(iii) All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:

Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “A”. Consultant’s total compensation shall not exceed eight hundred and nineteen thousand four hundred and fifty-four dollars ($819,454).

2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

3. The Agreement, all amendments together with this Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Consulting Services Agreement are to be executed as of the day and year first above written.

102

Page 2 of 2 ends

CONSULTANT CITY OF PLACENTIA

By: ______________________________
Name:

Title:

By: _____________________________
Jennifer Lampman
City Administrator

ATTEST:

By: _____________________________
Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

By: _____________________________
Christian L. Bettenhausen, City Attorney

Timothy J. Hartnett
President - Municipal Services
103

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
12/13/2024
Holmes Murphy &Associates
2727 Grand Prairie Parkway
Waukee IA 50263
Sandra Molina
319-896-7707
[email protected]
Travelers Property Casualty Co.America 25674
GRECOMPC XL Specialty Insurance 37885HRGreenPacific,Inc. 1260 Corona Point Court Suite 305
Corona,CA 92879-5013
Zurich American Insurance Company 16535
989036157
C X 2,000,000
X 300,000
10,000
2,000,000
4,000,000
X X
GLO373096715 1/1/2025 1/1/2026
4,000,000
C 2,000,000
X
BAP373096815 1/1/2025 1/1/2026
A X X 10,000,000CUP8S97473325NF1/1/2025 1/1/2026
10,000,000
X 10,000
C XWC3730966151/1/2025 1/1/2026
1,000,000
1,000,000
1,000,000
B Professional Liability
(Claims Made Coverage)DPR5037729 1/1/2025 1/1/2026 Per Claim Aggregate
5,000,000
10,000,000
2303659:Placentia,CA -On-Call Civil Engineering.

The City of Placentia and its elected and appointed boards,officers,officials,agents,employees and volunteers are included as Additional Insureds on the Auto Liability and General Liability on a primary and non-contributory basis as required by written contract with the insured,per policy terms and conditions.The Workers Compensation includes a Waiver of Subrogation in favor of the additional insureds as required by written contract with the insured,per policy terms and conditions.30 days'notice of cancellation will be provided with the exception of nonpayment of premium.

City of Placentia
401 E.Chapman
Placentia CA 92870
USA
104

This endorsement, effective 12:01 a.m., 01/01/2025 forms a part of Policy No. DPR5037729
Issued to Green Companies, Inc.
by XL Specialty Insurance Company.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LDD 465 0620 Page 1 of 1 11/29/2023 3:42:49 PM
© 2020 X.L. America, Inc. All Rights Reserv ed.

May not be copied without permission.

NOTICE OF POLICY CANCELLATION –BLANKET NOTICE TO DESIGNATED ENTITIES This endorsement modifies insurance provided under the following:

PROFESSIONAL, ENVIRONMENTAL AND NETWORK SECURITY LIABILITY POLICY –ARCHITECTS,

CONSULTANTS AND ENGINEERS
Section XI. OTHER CONDITIONS, Paragraph A. Cancellation is amended by the addition of the following:

In the ev ent that the Company cancels or non-renews this Policy during the POLICY PERIOD, the Company agrees to provide thirty (30)days’ prior written notice of cancellation or non-renewal of this Policy to any entity with whom the NAMED INSURED agreed in a written contract or agreement would be provided with notice of cancellation or non-renewal of this Policy, provided that:

1.The Company receives, at least thirty (30) days prior to the date of cancellation or non-renewal, a written request from the NAMED INSURED to provide notice of cancellation to entities designated by the NAMED INSURED to receive such notice; and

2.The written request includes the name, address and email of each person or entity designated by the NAMED INSURED to receive such notice. The Company will assume that the list provided to the company by the NAMED INSURED is a complete and accurate list.

This endorsement does not apply to non-renewal of the Policy at the end of the POLICY PERIOD or cancellation of the Policy for non-payment of premium to a premium finance company authorized to cancel the Policy. Furthermore, nothing contained in this endorsement shall be construed to provide any rights under the Policy to the entities receiving notice of cancellation pursuant to this endorsement, nor shall this endorsement amend or alter the effective date of cancellation stated in the cancellation notice issued to the NAMED INSURED.

All other terms and conditions of the Policy remain unchanged. 105

U-CA-832-B CW (03/23)

Page 1 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Blanket Notification to Others of Cancellation
or Non-Renewal
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy No. Effective Date:

This endorsement modifies insurance provided under the:

Commercial Automobile Coverage Part

SCHEDULE
The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: * The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following number of days: ** *If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply.

A.If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list:

1.Must be provided to us prior to cancellation or non-renewal;

2.Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and

3.Must be in an electronic format that is acceptable to us.

B.Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list:

1.Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or

2.At least 30 days prior to the effective date of:
a.Cancellation, if cancelled for any reason other than nonpayment of premium; or b.Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. 01/01/2025GLO373096715
106

U-CA-832-B CW (03/23)

Page 2 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

C.Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not:

1.Extend the Coverage Part cancellation or non-renewal date;

2.Negate the cancellation or non-renewal; or

3.Provide any additional insurance that would not have been provided in the absence of this endorsement.

D.We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement.

All other terms, conditions, provisions and exclusions of this policy remain the same. 107

WC 99 06 43 Page 1 of 1
(Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43

BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT

This endorsement adds the following to Part Six of the policy.

PART SIX

CONDITIONS

Blanket Notification to Others of Cancellation or Nonrenewal

1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you . Such list:
a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and
c. Must be in an electronic format that is acceptable to us.

2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list:
a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or
b. At least 30 days prior to the effective date of:
(1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal.

3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only.

Our failure to provide such mailing or delivery will not:
a. Extend the policy cancellation or non-renewal date;
b. Negate the cancellation or non-renewal; or
c. Provide any additional insurance that would not have been provided in the absence of this endorsement.

4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above.

All other terms and conditions of this policy remain unchanged.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)

Endorsement Effective Policy No. Endorsement No.

Insured Premium $

Insurance Company
WC373096615
HR Green Pacific,Inc.
108

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

T
i
t
l
e

o
f

f
o
r
m

m
u
s
t

n
o
t

b
e

p
l
a
c
e
d

a
b
o
v
e

t
h
e

l
o
g
o
.
↑

T
o
p

M
a
r
g
i
n

3 /
4 "
U-GL-1521-B CW (01/19)

Page 1 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Blanket Notification to Others of Cancellation
or Non-Renewal
This endorsement applies to insurance provided under the:

Commercial General Liability Coverage Part
A.If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list:

1.Must be provided to us prior to cancellation or non-renewal;

2.Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and

3.Must be in an electronic format that is acceptable to us.

1.Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or

C.Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not:

1.Extend the Coverage Part cancellation or non-renewal date;

2.Negate the cancellation or non-renewal; or

3.Provide any additional insurance that would not have been provided in the absence of this endorsement.

Policy No. Effective Date: GLO373096715 01/01/2025
109

U-GL-1521-B CW (01/19)

Page 2 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

D.We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement.

SCHEDULE
The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: * The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following number of days: ** * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply.

All other terms and conditions of this policy remain unchanged.

110

01/01/2025CUP8S97473325NF
111

Coverage Extension Endorsement
U-CA-424-F CW (04-14)

Page 1 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc.,with its permission.

Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Return Prem.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Business Auto Coverage Form
Motor Carrier Coverage Form
A.Amended Who Is An Insured

1.The following is added to the Who Is An Insured Provision in Section II Covered Autos Liability Coverage:

The following are also "insureds":
a.Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you.A also
an th your
permission, while performing duties related to the conduct of your business. b.Anyone volunteering services to you is an "insured"while using a covered "auto" borrow to transport your clients or other persons in activities necessary to your business. c.Anyone else who furnishes an "auto"referenced in Paragraphs A.1.a.and A.1.b.in this endorsement. d.Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreem ent with you,provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.

2.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:

Coverage for any person(s) or organization(s),where required by written contract or written agreement with you executed prior to any "accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form.

B.Amendment Supplementary Payments
Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section II Covered Autos Liability Coverage are replaced by the following:
(2)Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
01/01/2026BAP37309681501/01/2025
112

U-CA-424-F CW (04-14)

Page 2 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

C.Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section II Covered Autos Liability Coverage does not apply.

D.Driver Safety Program Liability and Physical Damage Coverage

1.The following is added to the Racing Exclusion in Section II Covered Autos Liability Coverage :

This exclusion does not apply to covered "autos"participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.

2.The following is added to Paragraph 2.in the Exclusions of Section III Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b.in the Exclusions of Section IV Physical Damage Coverage of the Motor Carrier Coverage Form:

This exclusion does not apply to covered "autos"participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.

E.Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:

Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto",less:
a.Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b.Any:
(1)Overdue lease or loan payments at the time of the "loss"; (2)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3)Security deposits not returned by the lessor;
(4)Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and
(5)Carry-over balances from previous leases or loans.

F.Towing and Labor
Paragraph A.2.of the Physical Damage Coverage Section is replaced by the following:

We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled.However, the labor must be performed at the place of disablement.

G.Extended Glass Coverage
The following is added to Paragraph A.3.a.of the Physical Damage Coverage Section:

If glass must be replaced, the deductible shown in the Declarations will apply.However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced.

H.Hired Auto Physical Damage Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following:

Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by:
113

U-CA-424-F CW (04-14)

Page 3 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto";
(2)Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or
(3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".

However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.

I.Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:

Personal Effects Coverage
a.We will pay up to $750 for "loss" to personal effects which are:
(1)Personal property owned by an "insured"; and
(2)In or on a covered "auto".
b.Subject to Paragraph a.above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1)The reasonable cost to replace; or
(2)The actual cash value.
c.The coverage provided in Paragraphs a.and b.above,only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage.However, we will not pay for "loss"to personal effects of any of the following:
(1)Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value.
(2)Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones.
(3)Paintings, statuary and other works of art.
(4)Contraband or property in the course of illegal transportation or trade. (5)Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.

Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".

J.Tapes, Records and Discs Coverage

1.The Exclusion in Paragraph B.4.a.of Section III Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c.of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply.

2.The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section:

We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
(a)Are the property of an "insured";and
(b)Are in a covered "auto" at the time of "loss".

The most we will pay for such "loss"to tapes, records, discs or other similar devices is $500.The Physical Damage Coverage Deductible Provision does not apply to such "loss". 114

U-CA-424-F CW (04-14)

Page 4 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

K.Airbag Coverage
The Exclusion in Paragraph B.3.a.of Section III Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a.of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag.

L.Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:

If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis:

1.If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived;or

2.If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible.

M.Physical Damage Comprehensive Coverage Deductible
The following is added to the Deductible Provision of the Physical Damage Coverage Section:

Regardless of the number of covered "autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater.

N.Temporary Substitute Autos Physical Damage

1.The following is added to Section I Covered Autos:

Temporary Substitute Autos Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos",the following types of vehicles are also covered "autos"for Physical Damage Coverage:

Any "auto"you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its:

1.Breakdown;

2.Repair;

3.Servicing;

4."Loss"; or

5.Destruction.

2.The following is added to the Paragraph A.Coverage Provision of the Physical Damage Coverage Section:

Temporary Substitute Autos Physical Damage
We will pay the owner for "loss"to the temporary substitute "auto"unless the "loss"results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party.

The deductible for the temporary substitute "auto"will be the same as the deductible for the covered "auto"it replaces.

O.Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a.In the event of "accident",claim,"suit"or "loss",you must give us or our authorized representative prompt notice of the "accident",claim,"suit"or "loss".However, these duties only apply when the "accident",claim,"suit"or "loss"is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any 115

U-CA-424-F CW (04-14)

Page 5 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured"to notify us of any "accident", claim,"suit"or "loss"shall not invalidate the insurance afforded by this policy.

Include, as soon as practicable:
(1)How, when and where the "accident"or "loss"occurred and if a claim is made or "suit"is brought, written notice of the claim or "suit"including, but not limited to, the date and details of such claim or "suit"; (2)The ""name and address; and
(3)To the extent possible, the names and addresses of any injured persons and witnesses.

If you report an "accident",claim,"suit"or "loss"to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you.

P.Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:

This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident"or "loss", provided that the "accident"or "loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract.

Q.Employee Hired Autos Physical Damage
Paragraph b.of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f.of the Other Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following:

For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own:
(1)Any covered "auto"you lease, hire, rent or borrow; and (2)Any covered "auto"hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or .

However, any "auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto".

R.Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:

However, we will not deny coverage under this Coverage Form if you unintentionally:
(1)Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2)Make an error, omission, improper description of "autos"or other misstatement of information.

You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy.

S.Hired Auto World Wide Coverage
Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following:
(5)Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T.Bodily Injury Redefined
The definition of "bodily injury"in the Definitions Section is replaced by the following:
"Bodily injury"means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. 116

U-CA-424-F CW (04-14)

Page 6 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

U.Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II Covered Auto Liability Coverage is replaced by the following:

Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

V.Physical Damage Additional Temporary Transportation Expense Coverage Paragraph A.4.a.of Section III Physical Damage Coverage is replaced by the following:

4.Coverage Extensions
a.Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry eit her Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss".

W.Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:

In the event of a total "loss"to a covered "auto"of the private passenger type that is replaced with a hybrid "auto"or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto",excluding tax,title, license, other fees and any aftermarket vehicle upgrades , up to a maximum of $2500.The covered "auto"must be replaced by a hybrid "auto"or an "auto"powered by an alternative fuel source within 60 calendar days of the payment of the "loss"and evidenced by a bill of sale or new vehicle lease agreement.

To qualify as a hybrid "auto", the "auto"must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydroge n, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto"powered by an alternative fuel source, the "auto"must be powered by a source of propulsion power other than a conventional gasoline engine. A n "auto"solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.

X.Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:

If a
All other terms, conditions,provisions and exclusions of this policy remain the same. 117

Notification to Others of Cancellation
U-CA-812-A CW (05/10)

Page 1 of 1 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Commercial Automobile Coverage Part

A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation:

1. To the name and address corresponding to each person or organization shown in the Schedule below; and

2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below.

B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.

C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice.

SCHEDULE
Name and Address of Other Person(s) /
Organization(s): Number of Days Notice:

All other terms and conditions of this policy remain unchanged. 01/01/2025BAP373096815 01/01/2026
118

Additional Insured – Automatic – Owners, Lessees Or
Contractors
U-GL-1175-F CW (04/13)

Page 1 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Named Insured:

Address (including ZIP Code):

This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part

A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement . Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement.

However, the insurance afforded to such additional insured:

1. Only applies to the extent permitted by law; and

2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured alle ge negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others b y that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services.

GLO373096715 01/01/2025 01/01/2026
HR Green Pacific,Inc.
1260 Corona Point Court Suite 305
Corona,CA 92879-5013
119

U-GL-1175-F CW (04/13)

Page 2 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions:

The additional insured must see to it that:

1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;

2. We receive written notice of a claim or "suit" as soon as practicable; and

3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory.

D. For the purposes of the coverage provided by this endorsement:

1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions:

Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that:
a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.

2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions:

This insurance is excess over:

Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.

E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.

F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or

2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

All other terms and conditions of this policy remain unchanged.

120

General Liability Extended Coverages
U-GL-1477-B CW (04/13)

Page 1 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The following changes apply to this Coverage Part.

A. Fellow Employee And Incidental Medical Malpractice Coverage Paragraph 2.a.(1) of Section II ---- Who Is An Insured is replaced by the following:

2. Each of the following is also an insured:
a.Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for:
(1)"Bodily injury" or "personal and advertising injury":
(a)To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company);
(b)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) above; or (c) Arising out of his or her providing or failing to provide professional health care services, except any "bodily injury" or "personal and advertising injury" arising out of:
(1)Medical or paramedical services to persons performed by any physician, dentist, nurse, emergency medical technician, paramedic or other licensed medical care person employed by you to provide such services; or
(2)Emergency cardiopulmonary resuscitation (CPR) or first aid services performed by any other employee of yours who is not a licensed medical professional.

B. Additional Insureds---- Lessees Of Premises
Section II ---- Who Is An Insured is amended to include as an additional insured any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee.

However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law;
b.Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and
This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
01/01/202601/01/2025GLO373096715
121

U-GL-1477- B CW (04/13)

Page 2 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Ends when the person or organization ceases to lease or rent premises from you.

With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III ---- Limits Of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph B.1. above (of this endorsement); or
b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

This Paragraph B. shall not increase the applicable Limits of Insurance shown in the Declarations.

C. Additional Insured ---- Vendors

1.The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products-completed operations hazard":

Section II ---- Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph C. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insur ed, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor’s business.

However, the insurance afforded to such vendor:
a. Only applies to the extent permitted by law;
b.Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor

2.With respect to the insurance afforded to these vendors, the following additional exclusions apply:
a.The insurance afforded the vendor does not apply to:
(1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(a) The exceptions contained in Subparagraphs (4) or (6) above; or 122

U-GL-1477- B CW (04/13)

Page 3 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
b. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part.

3. With respect to the insurance afforded to these vendors under this Paragraph C., the following is added to Section III ---- Limits Of Insurance:

The most we will pay on behalf of the vendor is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph C.1. above (of this endorsement); or
b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.

This Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations.

D. Damage to Premises Rented or Occupied by You

1. The last paragraph under Paragraph 2., Exclusions of Section I ---- Coverage A ---- Bodily Injury And Property Damage Liability is replaced by the following:

Exclusions c. through n. do not apply to damage by fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; vandalism; weight of snow, ice or sleet; leakage from fire extinguishing equipment, including sprinklers; or accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III ---- Limits Of Insurance.

2. Paragraph 6. of Section III ---- Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more covered perils to any one premises, while rented to you or temporarily occupied by you with permission of the owner.

E. Limited Contractual Liability Coverage ---- Personal and Advertising Injury

1. Exclusion e. of Section I ---- Coverage B ---- Personal And Advertising Injury Liability is replaced by the following:

2. Exclusions
This insurance does not apply to:
e. Contractual Liability
"Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.

This exclusion does not apply to:
(1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if:
(a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment;
123

U-GL-1477- B CW (04/13)

Page 4 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement.

Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided:
(i) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same written contract or written agreement; and
(ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.

2. Paragraph 2.d. of Section I ---- Supplementary Payments ---- Coverages A and B is replaced by the following:
d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that n o conflict appears to exist between the interests of the insured and the interests of the indemnitee.

3. The following is added to the paragraph directly following Paragraph 2.f. of Section I ---- Supplementary Payments ---- Coverages A and B:

Notwithstanding the provisions of Paragraph 2.e.(2) of Section I ---- Coverage B ---- Personal And Advertising Injury Liability, such payments will not be deemed t o be damages for "personal and advertising injury" and will not reduce the limits of insurance.

F. Medical Payments ---- Increased Reporting Period
Paragraph 1. a. of Section I - Coverage C ---- Medical Payments is replaced by the following; a.We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1)On premises you own or rent;
(2)On ways next to premises you own or rent; or
(3)Because of your operations;
provided that:
(a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.

G. Supplementary Payments
The following changes apply to Supplementary Payments ---- Coverages A and B:

Paragraphs 1.b. and 1.d. are replaced by the following:
b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.

H. Broadened Property Damage

1. Elevator Property Damage
124

U-GL-1477- B CW (04/13)

Page 5 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. The following is added to Exclusion j. of Section I ---- Coverage A ---- Bodily Injury And Property Damage Liability:

Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own, rent or occupy.
b. The following is added to Section III ---- Limits Of Insurance:

Subject to Paragraphs 2., 3. and 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is $25,000 any one "occurrence".

2. Property Damage To Borrowed Equipment
a. The following is added to Exclusion j. of Section I ---- Coverage A ---- Bodily Injury And Property Damage Liability:

Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite.
b. The following is added to Section III ---- Limits Of Insurance:

Subject to Paragraphs 2., 3. and 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others at a jobsite is $25,000 any one "occurrence".

I. Expected or Intended Injury or Damage
Exclusion a. of Section I ---- Coverage A ---- Bodily Injury And Property Damage Liability is replaced by the following:
a. Expected Or Intended Injury Or Damage
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

J. Definition ---- Bodily Injury
Definition 3. in Section V ---- Definitions is replaced by the following:

3. "Bodily injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death sustained by a person which results from that bodily injury, sickness or disease.

K. Insured Status ---- Amateur Athletic Participants
Section II ---- Who Is An Insured is amended to include as an insured any person you sp onsor while participating in amateur athletic activities. However, no such person is an insured for:
a. "Bodily injury" to:
(1) Your "employee", "volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or
(2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised f or any purpose by:
(1) Your "employee", "volunteer worker" or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company).

L. Aircraft, Auto Or Watercraft
125

U-GL-1477- B CW (04/13)

Page 6 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Exclusion g. of Section I ---- Coverage A ---- Bodily Injury And Property Damage Liability is replaced by the following:
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured.

This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a charge;
(3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured;
(4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment".

M. Definitions ---- Leased Worker, Temporary Worker and Labor Leasing Firm

1. Definitions 10. and 19. in Section V -- Definitions are replaced by the following:

10. "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".

19. "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short-term workload conditions. "Temporary worker" does not include a "leased worker".

2. The following definition is added to Section V ---- Definitions:
"Labor leasing firm" means any person or organization who hires out workers to others, including any:
a. Employment agency, contractor or services;
b. Professional employer organization; or
c. Temporary help service.

N. Definitions ---- Your Product and Your Work
Definitions 21. and 22. in Section V ---- Definitions are replaced by the following:

21. "Your product":
a. Means:
126

U-GL-1477- B CW (04/13)

Page 7 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you hav e acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.

22. "Your work":
a. Means:
(1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions.

O. Priority Of Limits
The following paragraph is added to Section III ---- Limits Of Insurance:

In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order:
(a) You;
(b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and
(c) Any other insured in any order that we choose.

P. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV ---- Commercial General Liability Conditions:

Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II ---- Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge.

In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured’s failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this condition.

You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. 127

U-GL-1477- B CW (04/13)

Page 8 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Q. Other Insurance Condition
Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV ---- Commercial General Liability Conditions are replaced by the following:

4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows:

a. Primary Insurance
This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is also primary to and will not seek contribution from any other insurance available to an additional insured provided that:
(1)The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured.

Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is property insurance, Builder’s Risk, Installation Risk or similar coverage for "your work";
(ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner;
(iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I ---- Coverage A ---- Bodily Injury And Property Damage Liability; or
(v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to:
(i) Equipment you borrow from others at a jobsite; or
(ii) Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an 128

U-GL-1477- B CW (04/13)

Page 9 of 9 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. additional insured on another policy providing coverage for the same "occurrence", claim or "suit".

This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.

R. Unintentional Failure to Disclose All Hazards

Condition 6. Representations of Section IV ---- Commercial General Liability Conditions is replaced by the following:

6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations.

Coverage will continue to apply if you unintentionally:
i. Fail to disclose all hazards existing at the inception of this policy; or ii. Make an error, omission or improper description of premises or other statement of information stated in this policy.

You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part.

S. Transfer Of Rights Of Recovery Against Others To Us / Waiver of Right of Subrogation Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV ---- Commercial General Liability Conditions is renamed and replaced by the following:

8. Transfer Of Rights Of Recovery Against Others To Us / Waiver of Right of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.

b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part.

The written contract will be considered executed when the insured’s performance begins or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest.

T. Liberalization Condition
The following condition is added to Section IV ---- Commercial General Liability Conditions:

Liberalization Clause
If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy.

All other terms and conditions of this policy remain unchanged. 129

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

Endorsement Effective Policy No. Endorsement No.

Insured Premium $

Insurance Company Countersigned by

WC124 (4-84) Page 1 of 1
WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM

ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT

WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION

BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU AND FOR THAT PERSON

AND/OR ORGANIZATION
WC373096615
HR Green Pacific,Inc.
130

Agenda Item No: 2.a

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Joe Lambert
From: Development Services
Subject:

Introduction and First Reading of Ordinance No. O-2025-05, amending development standards and regulatory requirements in Title 23 (“Zoning”) of the Placentia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to be in compliance with State law (Zoning Code Amendment No. ZCA 2025-01)
Financial Impact:

Fiscal Impact:

None.

Summary:

The City regulates Accessory Dwelling Units (ADUs) via Section 23.73 of the Placentia Municipal Code. Certain components of these regulations, as well as other related City regulations, do not comply with certain new State laws. Therefore, updates to the Placentia Municipal Code (PMC) are necessary to achieve compliance with recent State legislation. The City’s regulations related to ADUs were last updated in February 2020 in response to 2019 State legislative actions. Since that time, the legislature has adopted several bills amending ADU and Junior ADU regulations. If a city does not have an ADU ordinance that is compliant with state law, then any applications submitted will be processed under the State law requirements without any local standards. The proposed zoning amendments are required to be in compliance with current State laws.

Recommendation:

Recommended Action: It is recommended that the City Council take the following actions:

1. Open the Public Hearing concerning Zoning Code Amendment No. 2025-01 and Ordinance No. O-2025-05; and

2. Receive the Staff Report, consider all Public Testimony, ask any questions of Staff; and

3. Close the Public Hearing; and

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2025- 05, an Ordinance of the City Council of the City of Placentia, California amending Chapter 23.73 of the Placentia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in accordance with State law. 131

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Goal to achieve:

Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City, including a mix of housing at various price points.

Discussion:

Previous City Council Action Related to Accessory Dwelling Units (ADUs):

In 2016, the State Legislature passed Assembly Bill No. 2299 and Senate Bill No. 1069 amending California Government Code Section 65852.2 related to ADUs, which took effect on January 1, 2017. On October 8, 2017, Senate Bill 229 and Assembly Bill 494 were passed, which further amended Government Code Section 65852.2 and clarified language regarding ADUs which took effect on January 1, 2018. City of Placentia Ordinance No. O-2019-01 adopted amended City regulations relating to ADUs in conformance with those State regulations.

The City's regulations related to ADUs were last updated in February 2020 in response to 2019 State legislative actions. The ADU regulations currently in effect were adopted by City Council in February 2020. Since 2020, the legislature has adopted several bills amending ADU and Junior ADU regulations. If a city does not have an ADU ordinance that is compliant with state law, then any applications submitted will be processed under the State law requirements without any local standards.

The proposed zoning amendments are required to be in compliance with current State laws.

The proposed amendments are listed below.

PMC Chapter 23.73 Accessory and Junior Accessory Dwelling Units, major amendments are shown in Attachment 2 and are as follows:

PMC 23.73.030 clarifying language regarding ministerial review procedures of applications
PMC 23.73.040 clarifying definitions of ADUs and zones/designations they are permitted in
PMC 23.73.060 amending development standards, including maximum size of ADUs, height limits, setbacks, locational requirements
PMC 23.73.070 eliminating onsite property owner requirements for ADUs, clarifying restrictions related to properties with ADUs, adding language related to addressing previously unpermitted ADUs/JADUs
PMC 23.73.080 clarifying mandatory approvals
PMC 23.73.090 clarifying JADU regulations

On June 10, 2025, the City of Placentia Planning Commission held a public hearing and recommended that the City Council adopt a Categorical Exemption for this item and recommended approval of ZCA 2025-01.

CEQA:

Commission recommend that the City Council find that adoption of ZCA 2025-01 and Ordinance No. O-2025-05 is exempt from CEQA pursuant to CEQA Guidelines section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units to implement the provisions of the Government Code. Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in the Government Code. Therefore, this Ordinance is categorically exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not have any significant impacts on the environment.

CONCLUSION:

This Zoning Code Amendment provides further refinements and development standards to the City regulations last adopted in 2020 regarding Accessory Dwelling Units and Junior Accessory Dwelling Units and to be in compliance with State law.

Fiscal Impact Summary:

No immediate impact.

Attachments

1._Ordinance_O-2025-05.docx

1.A. Ord. Ex.A ADU JADU clean.docx

2. Changes to ADU and JADU Regulations.docx
133

Ordinance O-2025-05

Page 1 of 5 ends

ORDINANCE NO. O-2025-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AMENDING CHAPTER 23.73

OF THE PLACENTIA MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS IN ACCORDANCE WITH

STATE LAW

City Attorney’s Summary
This Ordinance amends Chapter 23.73 of Title 23 (Zoning) of the Placentia Municipal Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to be in compliance with changes to state law.

WHEREAS, on February 19, 2019, the City Council adopted Ordinance No. O- 2019-01, creating regulations for accessory dwelling units in accordance with state law; and
WHEREAS, in 2019 the State Legislature adopted more than eighteen bills related to housing, many of which provided additional amendments to state accessory dwelling unit and junior dwelling unit regulations; and
WHEREAS, on February 4, 2020, the City Council adopted Ordinance No. O - 2020-01 to be in compliance with the recent amendments to the Government Code regarding accessory dwelling unit and junior accessory dwelling unit; and WHEREAS, since the time of the adoption of Ordinance No. O-2019-01, the state has made additional amendments to the Government Code relating to accessory dwelling units and junior accessory dwelling units; and
WHEREAS, this Ordinance is amending Chapter 23.73 , Accessory and Junior Accessory Dwelling Units, of the Placentia to Municipal Code to be in compliance with all of the changes made to state law regarding accessory dwelling units and junior accessory dwelling units; and

134

Ordinance O-2025-05

Page 2 of 5 ends

WHEREAS, on June 10, 2025, the Planning Commission 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, after the close of the public hearing the Planning Commission recommended that the City Council adopt this Ordinance; and WHEREAS, on July 1, 2025, 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, the City desires to amend its regulations to comply with State law.

NOW, THEREFORE, THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment. Chapter 23.73 of the Placentia Municipal Code is hereby amended in its entirety and replaced with Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 2. CEQA. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units to implement the provisions of the Government Code. Regardless of whether the City adopts this Or dinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in the Government Code. Therefore, this Ordinance is categorically exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not have any significant impacts on the environment.

SECTION 3. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
135

Ordinance O-2025-05

Page 3 of 5 ends

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion 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 or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.

SECTION 5. 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.

SECTION 6. Transmission to HCD. The Director of Development Services shall send a copy of this Ordinance to the Department of Housing and Community Development as required by State law.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 1st day of July 2025.

PASSED, APPROVED AND ADOPTED this 15th day of July 2025.

Kevin Kirwin, Mayor

ATTEST:

_________________________________
Robert S. McKinnell, City Clerk

136

Ordinance O-2025-05

Page 4 of 5 ends

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 1st day of July 2025 and adopted at a regular meeting of the City Council of the City of Placentia, held on the 15th day of July 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
________________________________
Christian L. Bettenhausen, City Attorney
137

Ordinance O-2025-05

Page 5 of 5 ends

EXHIBIT “A”
CHAPTER 23.73 ACCESSORY AND JUNIOR

ACCESSORY DWELLING UNITS
138

1 CHAPTER 23.73

ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS
§ 23.73.010. Purpose.

This chapter is intended to establish ministerial regulations consistent with Government Code Sections 66310 through 66342 in a manner which properly balances the city’s goals of: (1) expanding the mix of housing opportunities in the city by encouraging the establishment of accessory dwelling units within the city; and (2) maintaining the character of residential neighborhoods by regulating how accessory dwelling units may be built. If there is any inconsistency between the terms of this chapter and mandatory requirements of state law, the mandatory requirements of state law shall control, but only to the extent legally required. § 23.73.020. Definitions.

For purposes of this chapter, words and phrases defined in Government Code Sections 66310 through 66342 shall have the same meaning when used in this chapter. § 23.73.030. Ministerial review for junior and accessory dwelling units.

Applications for junior and accessory dwelling units shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if they meet the requirements of this chapter.
(1)The city shall grant a delay if requested by the applicant. (2)If the application is submitted in conjunction with an application for a new single -family or multi-family residential dwelling, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family or multi-family residential dwelling is approved, but thereafter shall be ministerially approved within sixty (60) days if it meets all requirements of this chapter.
(3)If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty (60) days of a complete application.
(4)If a detached garage is to be replaced with an accessory dwelling unit, the demolition permit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. (5)Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.
139

2 § 23.73.040. Accessory dwelling units permitted use.

An accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages, carports, covered parking or uncovered parking spaces. Notwithstanding any other provision of this title to the contrary, accessory dwelling units are a ministerially permitted use in any single family, multi -family, and mixed-use zones, and in areas of Specific Plans and other areas that allow for residential uses, subject to development in accordance with this chapter. Junior accessory dwelling units are a ministerially permitted use only in a single-family zone. § 23.73.050. Submittal requirements.

Each application for an accessory dwelling unit shall comply with the following requirements:
(1)Fees. The applicant must pay all required fees which may be set by the city council by resolution, including, but not limited to, fees for staff to review the project, permit and inspection fees.
(2)Application Contents. The application shall include the following documents, which shall be reviewed and approved by the director of development services or designee:
(A)Plot Plan (Drawn to Scale). Three (3) sets of plans, including plot plans, elevations and landscape plans. The plans shall be drawn to scale and shall indicate clearly, and with full dimensioning, the following information:
(i)Lots;
(ii)Setbacks;
(iii)Rights-of-way;
(iv)Building envelopes of current and proposed buildings and structures; (v)Paved areas;
(vi)Location, size, height, materials, colors, and proposed use of buildings and structures;
(vii)Yards and space between buildings;
(viii)Walls and fences; location, height, materials and color; (ix)Off-street parking delineated as to: location, number of spaces and dimensions of parking area;
140

3 (x)Grading and drainage plans.
(B)Floor Plans. Complete floor plans of both existing and proposed conditions. The dimensions of each room shall be provided, along with the resulting floor area calculation. The use of each room shall be labeled. The size and location of all doors, closets, walls and cooking facilities shall be clearly depicted. (C)Elevations. North, south, east, and west elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed accessory dwelling unit.
§ 23.73.060. Development standards.
(1)Underlying Zoning. Accessory dwelling units shall comply with all of the development standards for a new residential dwelling unit in the zone in which the accessory dwelling unit is to be located, including, but not limited to, setbacks, height, and lot coverage unless otherwise addressed by this chapter, or contrary to state law.
(2)The following standards shall also apply:
(A)Floorspace.
(i)The total area of floorspace of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing primary dwelling unit. For a new construction primary dwelling unit, an attached accessory dwelling unit shall not exceed eight hundred fifty (850) square feet for a zero to one bedroom unit, or one thousand (1,000) square feet for a two or more- bedroom unit.
(ii)The total area of floorspace of a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.
(iii)The minimum floorspace requirements shall allow an efficiency unit, as defined in Health and Safety Code Section 17958.1.
(B)Setbacks.
(i)Front yard setbacks shall comply with the requirement of the zone in which the accessory dwelling unit is to be located, unless doing so would prohibit the construction of at least an eight hundred (800) square foot accessory dwelling unit. The first priority placement shall be in the rear of the property, developed in compliance with the setbacks in this chapter. If proposed at the front of the property, the front setback shall be maximized to the extent allowed by these requirements.
(ii)Side and rear yard setback requirements shall be four (4) feet. 141

4 (iii)If an accessory dwelling unit is built in the same location and to the same dimensions as an existing garage or other accessory structure, then no setback is required beyond that which exists for the existing garage or accessory structure.
(C)Distance Between Buildings. The minimum required distance between a detached secondary dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet, unless it would prohibit the construction of an up to eight hundred (800) square foot accessory dwelling unit. The distance separation does not apply to existing structures converted to an accessory dwelling unit.
(D)Height. An accessory dwelling unit shall comply with the following height requirements:
(i)A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit. (ii)A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit shall be allowed. (iii)A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multistory dwelling. (iv)A height of twenty-five feet or the height limitation in the zone that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. If the existing primary dwelling is a two-story structure, the attached accessory dwelling unit may also be two- stories, subject to the height limitations herein.
(E)Architecture. The accessory dwelling unit shall be compatible with and complement the architectural style of the primary dwelling. The entrance to the accessory dwelling unit shall not be clearly visible from the street adjacent to the property or on the same side as the entrance to the primary dwelling unit, unless it would prohibit the construction of an eight hundred (800) square foot accessory dwelling unit.
(F)Parking. In general, one (1) off-street parking space shall be provided for the accessory dwelling unit in addition to the existing parking for the primary residence. This required parking space may be covered or uncovered and shall meet 142

5 all parking space location, dimension, and surfacing requirements as outlined in Chapter 23.78, except as modified herein. The space may be provided as tandem parking on an existing driveway, provided the parking space blocks no more than one (1) other required parking space and may be provided in other setback areas.

When a garage, carport, covered parking structure or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, no replacement parking for the primary structure shall be required. A parking space for an accessory dwelling unit shall not be required in any of the following instances:
(i)The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit. For these purposes, “public transit” means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (ii)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii)The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(iv)When on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.
(v)When there is a car share vehicle located within one (1) block of the accessory dwelling unit. For these purposes, “car share vehicle” means a motor vehicle that is to park in parking spaces designated for the exclusive use of car share vehicles, operated as part of a regional fleet by a public or private car sharing company or organization, and provides hourly or daily service.
(vi)When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this chapter. (G)Entrances. No more than one (1) exterior entrance on any one (1) side of the accessory dwelling unit is allowed.
(H)Stairways. No exterior stairways to the accessory dwelling unit may be clearly visible from any street immediately adjacent to the property. (I)Primary Unit Development Standards. The primary unit shall continue to comply with the minimum standards applicable to the primary dwelling unit in the zone, except as may be modified by this chapter.
143

6 (J)Utilities.
(i)All utility installations shall be placed underground. (ii)Water and sewer service to the site and the accessory dwelling unit shall be adequate.
(iii)For an accessory dwelling unit contained within an existing single-family home or an existing accessory structure meeting the requirements of Section

23.73.080(a)(1) below, the city shall not require the installation of a new or separate utility connection between the accessory dwelling unit and the utility or impose a connection fee or capacity charge. Such requirements may be imposed when the accessory dwelling unit is being proposed with a new single- family home.
(iv)For all other accessory dwelling units other than those described in subsection (C) above, the city shall require a new or separate utility connection between the accessory dwelling unit and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the square foot or the number of drainage fixture units.
(K)Legal Lot. The accessory dwelling unit will be on a lot that has been legally created. (L)Except as otherwise allowed in this chapter, only one attached accessory dwelling unit and one junior accessory dwelling shall be allowed per single-family residential unit.
(M)Accessory dwelling units shall comply with all applicable building standards code requirements. However, fire sprinklers shall not be required in any accessory dwelling unit if they were not required in the primary unit. Creation of an accessory dwelling unit shall not trigger fire sprinklers to be installed in existing multi-family dwelling units.
(N)Exception for an ADU Within an Existing Structure. If the following requirements of this subsection are met, then an accessory dwelling unit need not comply with lot coverage requirements, maximum height requirements, the requirement to provide a parking space, and the setback requirement shall be only the minimum required to comply with applicable fire safety standards. All other code requirements continue to apply:
(i)The proposed accessory dwelling unit is proposed to be entirely within a lawfully existing accessory structure.
144

7 (ii)The accessory dwelling has exterior access which is independent from the existing residence.
(O)ADU Does Not Exceed Density. When determining whether a lot exceeds the maximum permissible number of dwelling units on the lot, an accessory dwelling unit that conforms to the standards of this chapter shall not be considered a dwelling unit for purposes of that calculation. Additionally, the accessory dwelling unit shall be considered to be consistent with the existing general plan and zoning for the lot. § 23.73.070. Additional requirements.

Accessory dwelling units shall also be subject to the following requirements:
(1)Additions. Any additions to an accessory dwelling unit shall meet the requirements of this chapter.
(2)Impact Fees. Notwithstanding any fee resolution to the contrary:
(A)No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size.
(B)For accessory dwelling units seven hundred fifty (750) square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(C)All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code Sections 66000 et seq. and 66012 et seq.
(D)For purposes of this section, “impact fee” shall have the same meaning as set forth in Government Code Section 66324(c)(2).
(3)Restrictions. The following restrictions shall apply to all accessory units:
(A)The accessory dwelling unit shall not be sold separately from the primary residence unless constructed pursuant to Government Code Sections 66340 and 66341. (B)Rentals of the accessory dwelling unit and the primary unit shall have a contract length of at least thirty-one (31) days.
(C)The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for compliance with the requirements for an accessory dwelling unit. 145

8 (4)Building Code Violations.
(A)No application or permit shall be denied for an accessory dwelling unit or junior accessory dwelling unit that was constructed prior to January 1, 2020, based on either of the following:
(i)The ADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with Section 17960); or
(ii)The ADU does not comply with state law or the provisions of this chapter. (B)The provisions of subsection A shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code Section 17920.3.
(C)Before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.
(D)Upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted junior or accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards. (E)No impact fees or connection or capacity charges shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling unit built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).
(5)Enforcement. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows:

9 (6)A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
§ 23.73.080. Mandatory approvals.
(1)Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed - use zone:
(A)A junior or accessory dwelling unit within the existing or proposed space of a single- family dwelling or accessory structure.
(i)An expansion of up to one hundred fifty (150) square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.
(ii)The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling.
(iii)The side and rear setbacks shall be sufficient for fire and safety. (iv)If the unit is a junior accessory dwelling unit, it shall comply with the requirements of Section 23.73.090 below.
(B)One detached accessory dwelling unit that does not exceed four (4) foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling, provided that the unit shall not be more than eight hundred (800) square feet and shall comply with the height limitation as set forth in section 23.73.060(b)(4) above.A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit and shall comply with all requirements of Section

23.73.090 below.
(C)On a lot with a multifamily dwelling structure, up to twenty-five (25) percent of the total multifamily dwelling units, but no less than one (1) unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(D)On a lot with an existing or proposed multifamily dwelling structure, detached accessory dwelling units as set forth in (A) and (B) below, provided that complies with the height limitations in section 23.73.060(b)(4) above and has at least four (4) foot side and rear yard setbacks. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approval. 147

10 (i)On a lot with an existing multifamily dwelling, not more than eight (8) detached accessory dwelling units. The total number of detached accessory dwelling units shall not exceed the number of existing units on the lot. (ii)On a lot with a proposed multifamily dwelling, not more than two (2) detached accessory dwelling units.

For those accessory dwelling units which require mandatory approval, the city shall not require the correction of legal, nonconforming zoning conditions. § 23.73.090. Junior accessory dwelling units.
(1)One junior accessory dwelling unit shall be allowed in a single-family residential zone within the footprint of an existing or proposed single-family dwelling, including attached garage, not exceeding five hundred (500) square feet.
(2)The junior accessory dwelling unit shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. (3)The junior accessory dwelling unit shall be required to have a separate entrance from the primary residence.
(4)The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and shall have direct access to the single- family residence form the interior of the junior accessory dwelling unit. (5)No additional parking shall be required for a junior accessory dwelling unit. (6)A junior accessory dwelling unit shall be required to comply with applicable building standards.
(7)The owner of property on which a junior accessory dwelling unit is constructed shall be required to record a deed restriction which shall run with the land and shall provide for the following:
(A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence.
(B)A restriction that prohibits the junior accessory dwelling unit from being enlarged beyond five hundred (500) square feet.
(C)A restriction from renting the junior accessory dwelling unit or the primary residence for less than thirty (31) consecutive, calendar days. 148

11 (D)A restriction that the owner resides in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing:
(i)The owner may rent both the primary residence and junior accessory dwelling unit to one party with a restriction in the lease that that such party may not further sublease any unit or portion thereof.
(ii)This restriction shall not apply if the owner of the single-family residence is a governmental agency, land trust, or housing organization. (E)A statement that the deed restrictions may be enforced against future purchasers. A copy of the recorded deed restriction shall be filed with the community development department.
(8)For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit. (9)For those accessory dwelling units which require mandatory approval, the City shall not require the correction of legal, nonconforming zoning conditions, including building code violations or unpermitted structures unless the structure falls within 23.73.070(4). (10)Fees. The applicant must pay all required fees which may be set by the city council by resolution, including, but not limited to, fees for staff to review the project, permit and inspection fees.
149

CHAPTER 23.73

ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS
§ 23.73.010. Purpose.

This chapter is intended to establish ministerial regulations consistent with Government Code Sections 65852.2 and 65852.2266310 through 66342 in a manner which properly balances the city’s goals of: (1) expanding the mix of housing opportunities in the city by encouraging the establishment of accessory dwelling units within the city; and (2) maintaining the character of residential neighborhoods by regulating when and how accessory dwelling units may be built and operated. If there is any inconsistency between the terms of this chapter and mandatory requirements of state law, the mandatory requirements of state law shall control, but only to the extent legally required. § 23.73.020. Definitions.

For purposes of this chapter, words and phrases defined in Government Code Sections 66310 through 66342 shall have the same meaning when used in this chapter. For purposes of this chapter the following definitions shall apply:
“Accessory dwelling unit” means a residential dwelling unit which is attached, detached, or located within a single-family residence, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the residential dwelling is situated. An accessory dwelling unit also includes the following: (1) an efficiency unit , as defined in Section 17958.1 of the Health and Safety Code; (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. “Junior accessory dwelling unit” shall mean a unit that is no more than five hundred (500) square feet and contained entirely within a single-family residence. §23.73.030. Ministerial review for junior and accessory dwelling units.

(4)If a detached garage is to be replaced with an accessory dwelling unit, the demolition permit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5)Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.
§23.73.040. Accessory dwelling units permitted use.
(1)An accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages, carports, covered parking or uncovered parking spaces. Notwithstanding any other provision of this title to the contrary, accessory dwelling units and junior accessory dwelling units are a ministerially permitted use in the following zones when developed in accordance with the provisions of this chapter: any single family, multi-family, and mixed-use zones, and in areas of Specific Plans and other areas that allow for residential uses, subject to development in accordance with this chapter. Junior accessory dwelling units are a ministerially permitted use only in a single-family zone. Chapter 23.10 - Residential Agricultural (R-A);
(2)Chapter 23.12 - Single-Family Residential (R-1);
(3)Chapter 23.15 - Low-Medium Density Multiple Family (R-2); (4)Chapter 23.18 - Medium Density Multiple-Family (R-G); (5)Chapter 23.21 - High Density Multiple-Family (R-3);
(6)Chapter 23.25 - Residential Planned Community (RPC); (7)Chapter 23.72 - Planned Unit Development (PUD);
(8)Chapter 23.101 - Specific Plan 1, in areas where residential use is allowed; (9)Chapter 23.102 - Specific Plan 2, in areas where residential use is allowed; (10)Chapter 23.104 - Specific Plan 4, in areas where residential use is allowed; (11)Chapter 23.106 - Specific Plan 6, in areas where residential use is allowed; (12)Chapter 23.107 - Specific Plan 7, in areas where residential use is allowed; (13)Chapter 23.108 - Specific Plan 8, in areas where residential use is allowed; (14)Chapter 23.109 - Specific Plan 9, in areas where residential use is allowed; (15)Chapter 23.110 - Specific Plan 10, in areas where residential use is allowed; (16)Chapter 23.111 - Transit Oriented Development Packing House, in areas where residential use is allowed;
151

(17)Chapter 23.112 - Old Town Placentia Revitalization Plan, in areas where residential use is allowed.
§23.73.050. Submittal requirements.

The dimensions of each room shall be provided, along wi th the resulting floor area calculation. The use of each room shall be labeled. The size and location of all doors, closets, walls and cooking facilities shall be clearly depicted.
(C)Elevations. North, south, east, and west elevations that show all exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed accessory dwelling unit. § 23.73.060. Development standards.
152

(1) Underlying Zoning. Accessory dwelling units shall comply with all of the development standards for a new residential dwelling unit in the zone in which the accessory dwelling unit is to be located, including, but not limited to, setbacks, height, and lot coverage unless otherwise addressed by this chapter , or contrary to state law.
(2) The following standards shall also apply:
(A) Floorspace.
(i) The total area of floorspace of an attached accessory dwelling unit shall not exceed fifty (50) percent of the proposed or existing primary dwelling living area or one thousand two hundred (1,200) square feet, whichever is less unit. For a new construction primary dwelling unit, an attached accessory dwelling unit shall not exceed eight hundred fifty (850) square feet for a zero to one bedroom unit, or one thousand (1,000) square feet for a two or more-bedroom unit.
(ii) The total area of floorspace of a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet. (iii) The minimum floorspace requirements shall allow an efficiency unit, as defined in Health and Safety Code Section 17958.1.
(B) Setbacks.
(i) Front yard setbacks shall comply with the requirement of the zone in which the accessory dwelling unit is to be located, unless doing so would prohibit the construction of at least an eight hundred (800) square foot accessory dwelling unit. The first priority placement shall be in the rear of the property, developed in compliance with the setbacks in this chapter. If proposed at the front of the property, the front setback shall be maximized to the extent allowed by these requirements.
(ii) Side and rear yard setback requirements shall be four (4) feet. (iii) If an existing garage or other accessory structure is converted to an accessory dwelling unit, or an accessory dwelling unit is built in the same location and to the same dimensions as an existing garage or other accessory structure, then no setback is required beyond that which exists for the existing garage or accessory structure. (C) Distance Between Buildings. The minimum required distance between a detached secondary dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet, unless it would prohibit the construction of an up to eight hundred (800) square foot accessory dwelling unit. The distance separation does not apply to existing structures converted to an accessory dwelling unit.
(D) Height. Detached accessory dwelling units shall not exceed twenty (20) feet 153

in height. Attached An accessory dwelling units unit shall comply with all height requirements applicable to the primary structurethe following height requirements:
(i) A height of sixteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit.
(ii) A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit shall be allowed.
(iii) A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-family, multistory dwelling. (iv) A height of twenty-five feet or the height limitation in the zone that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. If the existing primary dwelling is a two-story structure, the attached accessory dwelling unit may also be two-stories, subject to the height limitations herein.
(E) Notwithstanding the requirements above, an applicant shall be entitled to build an eight hundred (800) square foot accessory dwelling unit behind the front yard setback provided that it is no more than twenty (20) feet in height with at least four (4) foot side and rear yard setbacks. (E) Architecture. The accessory dwelling unit shall be of the same compatible with and complement the architectural style as of the primary dwelling. The building materials, colors and exterior finishes shall be substantially the same as the primary dwelling. The entrance to the accessory dwelling unit shall not be clearly visible from the street adjacent to the property or on the same side as the entrance to the primary dwelling unit, unless it would prohibit the construction of an eight hundred (800) square foot accessory dwelling unit.

(F) Parking. In general, one (1) off-street parking space shall be provided for the accessory dwelling unit in addition to the existing parking for the primary residence. This required parking space may be covered or uncovered and shall meet all parking space location, dimension, and surfacing requirements as outlined in Chapter 23.78, except as modified herein. The space may be provided as tandem parking on an existing driveway, provided the parking space blocks no more than one (1) other required parking space and may be provided in other setback areas. When a garage, carport, or covered parking structure or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, no replacement parking for the primary 154

structure shall be required. A parking space for an accessory dwelling unit shall not be required in any of the following instances:
(i)The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit. For these purposes, “public transit” means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(ii)The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii)The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(iv)When on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.
(v)When there is a car share vehicle located within one (1) block of the accessory dwelling unit. For these purposes, “car share vehicle” means a motor vehicle that is to park in parking spaces designated for the exclusive use of car share vehicles, operated as part of a regional fleet by a public or private car sharing company or organization, and provides hourly or daily service.
(vi)When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single- family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this chapter.
(G)Entrances. No more than one (1) exterior entrance on any one (1) side of the accessory dwelling unit is allowed.
(H)Stairways. No exterior stairways to the accessory dwelling unit may be clearly visible from any street immediately adjacent to the property. (I)Primary Unit Development Standards. The primary unit shall continue to comply with the minimum standards applicable to the primary dwelling unit in the zone, except as may be modified by this chapter. (J)Utilities.
(i)All utility installations shall be placed underground. (ii)Water and sewer service to the site and the accessory dwelling unit shall be adequate.
(iii)For an accessory dwelling unit contained within an existing single- family home or an existing accessory structure meeting the requirements of Section 23.73.080(a)(1)23.73.080(a)(1) below, the city shall not require the installation of a new or separate utility connection between the accessory dwelling unit and the utility or 155

impose a connection fee or capacity charge. Such requirements may be imposed when the accessory dwelling unit is being proposed with within a new single- family home.
(iv) For all other accessory dwelling units other than those described in subsection (C) above, the city shall require a new or separate utility connection between the accessory dwelling unit and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the size square foot or the number of plumbing drainage fixture units. (K) Legal Lot. The accessory dwelling unit will be on a lot that has been legally subdividedcreated.
(L) One (1) Accessory Dwelling Unit. Except as otherwise allowed in this chapter, only one attached accessory dwelling unit and one junior accessory dwelling shall be allowed per single-family residential lotunit. (M) Accessory dwelling units shall comply with all applicable building standards code requirements. However, fire sprinklers shall not be required in any accessory dwelling unit if they were not required in the primary unit.

Creation of an accessory dwelling unit shall not trigger fire sprinklers to be installed in existing multi-family dwelling units. (N) Exception for an ADU Within an Existing Structure. If the following requirements of this subsection are met, then an accessory dwelling unit need not comply with lot coverage requirements, maximum height requirements, the requirement to provide a parking space, and the setback requirement shall be only the minimum required to comply with applicable fire safety standards. All other code requirements continue to apply:
(i) The proposed accessory dwelling unit is proposed to be entirely within a lawfully existing accessory structure;
(ii) The accessory dwelling has exterior access which is independent from the existing residence.
(O) ADU Does Not Exceed Density. When determining whether a lot exceeds the maximum permissible number of dwelling units on the lot, an accessory dwelling unit that conforms to the standards of this chapter shall not be considered a dwelling unit for purposes of that calculation. Additionally, the accessory dwelling unit shall be considered to be consistent with the existing general plan and zoning for the lot.
§ 23.73.070. Additional requirements.

Accessory dwelling units shall also be subject to the following requirements:
(1) Property Owner On-Site. If different families reside in a single-family residential unit and the accessory dwelling unit, one (1) of the families must include the property owner. This requirement shall not apply to any accessory dwelling unit approved between January 1, 2020 and January 1, 2025.
156

(1)Additions. Any additions to an accessory dwelling unit shall meet the requirements of this chapter.
(2)Impact Fees. Notwithstanding any fee resolution to the contrary:
(A)No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size.
(B)For accessory dwelling units seven hundred fifty (750) square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(C)All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Government Code Sections 66000 et seq. and 66012 et seq.
(D)For purposes of this section, “impact fee” shall have the same meaning as set forth in Government Code Section 65852.2(f)66324(c)(2). (3)Deed Restrictions. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content, describing restrictions The following restrictions shall apply to all accessory units:
(A)The accessory dwelling unit shall not be sold separately from the primary residence unless constructed pursuant to Government Code Sections 66340 and 66341.
(B)Rentals of the accessory dwelling unit and the primary unit shall have a contract length of at least thirty-one (31) days.
(C)The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for compliance with the requirements for an accessory dwelling unit.
(D)If subsection (1) of this section applies, the covenant shall also state that if different families reside in the primary unit and the accessory dwelling unit, one (1) of the families must include the property owner. (4)Building Code Violations.
(A)No application or permit shall be denied for an accessory dwelling unit or junior accessory dwelling unit that was constructed prior to January 1, 2020, based on either of the following:
(i)The ADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with Section 17960); or
(ii)The ADU does not comply with state law or the provisions of this chapter.
157

(B)The provisions of subsection A shall not apply if the city makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code Section 17920.3.
(C)Before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.
(D)Upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted junior or accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.
(E)No impact fees or connection or capacity charges shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling unit built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).
(5)Enforcement. Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an accessory dwelling unit that provides substantially as follows:

You have been issued an order to correct violations or abate nu isances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the city development services department. If the city determines th at enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five (5) years from the date of the original notice. (6)A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
§ 23.73.080. Mandatory approvals.
(1)Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed- use zone:
158

(A)A junior or accessory dwelling unit within the existing or proposed space of a single- family dwelling or accessory structure.
(i)An expansion of up to one hundred fifty (150) square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.
(ii)The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling. (iii)The side and rear setbacks shall be sufficient for fire and safety. (iv)If the unit is a junior accessory dwelling unit, it shall comply with the requirements of Section 23.73.090 below.
(B)One detached accessory dwelling unit that does not exceed four (4) foot side and rear yard setbacks on a lot with an existing or proposed single- family dwelling, provided that the unit shall not be more than eight hundred (800)square feet and shall comply with the height limitation as set forth in section 23.73.060(2)(D) above.not exceed sixteen (16) feet in height A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit and it shall comply with all requirements of Section

23.73.090 below.
(C)On a lot with a multifamily dwelling structure, up to twenty-five (25) percent of the total multifamily dwelling units, but no less than one (1) unit, shall be allowed within the portions of the existing structure t hat are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(D)On a lot with an existing or proposed multifamily dwelling structure, detached accessory dwelling units as set forth in (A) and (B) below up to two detached units, provided that neither unit is greater than sixteen (16) feet in heightcomplies with the height limitations in section

23.73.060(2)(D) above and has at least four (4) foot side and rear yard setbacks. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approval. (i)On a lot with an existing multifamily dwelling, not more than eight (8) detached accessory dwelling units. The total number of detached accessory dwelling units shall not exceed the number of existing units on the lot.
(ii)On a lot with a proposed multifamily dwelling, not more than two (2) detached accessory dwelling units.

(1) One junior accessory dwelling unit shall be allowed in the a single-family residential zone in conjunction within the footprint of with an existing or proposed single- family dwelling, including attached garage, not exceeding five hundred (500) square feet. A junior accessory dwelling unit may be allowed on the same lot as a detached accessory dwelling unit where the detached accessory dwelling unit is no larger than eight hundred (800) square feet and no taller than sixteen (16) feet. (2) The junior accessory dwelling unit shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junio r accessory dwelling unit.
(3) The junior accessory dwelling unit shall be required to have a separate entrance from the primary residence.
(4) The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence form the interior of the junior accessory dwelling unit.
(5) No additional parking shall be required for a junior accessory dwelling unit. (6) A junior accessory dwelling unit shall be required to comply with applicable building standards.
(7) The owner of property on which a junior accessory dwelling unit is constructed shall be required to record a deed restriction which shall run with the land and shall provide for the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence.
(B) A restriction that prohibits the junior accessory dwelling unit from being enlarged beyond five hundred (500) square feet.
(C) A restriction from renting the junior accessory dwelling unit or the primary residence for less than thirty (31) consecutive, calendar days. (D) A restriction that the owner resides in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing:
(i) The owner may rent both the primary residence and junior accessory dwelling unit to one party with a restriction in the lease that that such party may not further sublease any unit or portion thereof; and (ii) This restriction shall not apply if the owner of the single -family residence is a governmental agency, land trust, or housing organization.; and
(E) A statement that the deed restrictions may be enforced against future purchasers. A copy of the recorded deed restriction shall be filed with the community development department.
160

(2)For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(3)For those accessory dwelling units which require mandatory approval, the City shall not require the correction of legal, nonconforming zoning conditions , including building code violations or unpermitted structures unless the structure falls within 23.73.070(4).
(4)Fees. The applicant must pay all required fees which may be set by the city council by resolution, including, but not limited to, fees for staff to review the project, permit and inspection fees.
161

Agenda Item No: 2.b

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Joe Lambert
From: Development Services
Subject:

Introduction and First Reading of Ordinance No. O-2025-06 amending development standards and regulatory requirements in Title 22 (“Subdivisions”) and Title 23 (“Zoning”) of the Placentia Municipal Code relating to Two-Unit housing developments and Urban Lot Splits, in accordance with State Law (Zoning Code Amendment No. ZCA 2025-02) Financial Impact:

Fiscal Impact:

None
Summary:

On January 18, 2022, Urgency Ordinance No. O-2022-01 was adopted by City Council amending Title 22 (Subdivisions) to create a ministerial urban lot split process and amending Title 23 (Zoning) of the Placentia Municipal Code to create a process for the construction of two residential units per lot pursuant to the implementation of State Senate Bill 9 (SB 9) (Government Code Sections 65852.21 and 66411.7). At that time, Staff was directed to return to the Planning Commission to consider a possible recommendation to the City Council of a non-urgency version of an ordinance designed to comply with Senate Bill 9 with additional objective standards. The Planning Commission conducted study sessions regarding a permanent Ordinance on April 12, 2022 and May 10, 2022. Based on input received at those meetings, Staff prepared a permanent SB9 Ordinance with objective standards that was adopted by the City Council on July 19, 2022 and is currently effective. Since that time, the State has amended the law as it pertains to this subject, and the draft Ordinance would update our local regulations in compliance with State law.

Recommendation:

Recommended Action: It is recommended that the City Council take the following actions:

1. Open the Public Hearing concerning Zoning Code Amendment No. 2025-02 and Ordinance No. O-2025-06; and

2. Receive the Staff Report, consider all Public Testimony, ask any questions of Staff; and

3. Close the Public Hearing; and

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2025- 06, an Ordinance of the City Council of the City of Placentia, California amending 162

Chapter 22.80 (Urban Lot Splits), Chapter 23.13 (Two-Unit Housing) and Chapter 23.81 (General Regulations and Exceptions) of the Placentia Municipal Code in accordance with State law.

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Goal to achieve:

Discussion:

Contemplated Updates to the Placentia Municipal Code (PMC) in compliance with State law
Since the time of the adoption of Ordinance No. O-2022-07 by the City Council, the State has made additional amendments to the Government Code Sections 65852.21 and 66411.7 relating to two-unit housing developments and urban lot splits. In order to comply with State law, Section 22.80.021 and Chapter 23.13 of the Placentia Municipal Code need to be amended. The proposed amendments are listed below.

PMC Chapter 22.80.021 Urban lot split requirements, major amendments are as follows:

PMC 22.80.021(b)(5)(D) clarifying language regarding a very high fire severity zone PMC 22.80.021(b)(5)(G and H) clarifying language that constitutes flood plain and floodway
PMC 22.80.021(b)(5)(I) clarifying lands identified for conservation PMC 22.80.021(b)(7) clarifying residential real property exercised rights under Government Code Section 7060 et seq.

PMC 22.80.021(k) clarifying time limits for project processing

PMC Chapter 23.13 Two-unit housing development, major amendments are as follows:

PMC 23.13.010(b)(3)(D) clarifying language regarding a very high fire severity zone PMC 23.13.010(b)(3)(G and H) clarifying language that constitutes flood plain and floodway
PMC 23.13.010(b)(3)(I) clarifying lands identified for conservation PMC 23.13.010(b)(5) clarifying residential real property exercised rights under Government Code Section 7060 et seq.

PMC 23.13.010(c)(18 and 19) related to landscape and open space regulations PMC 23.13.010(c)(20) clarifying time limits for residential rentals PMC 23.13.010(e) related to required affidavits to be recorded against a property related to owner occupancy
PMC 23.13.010(h) clarifying time limits for project processing

State law mandates that the City can only impose objective standards as they are applied to other single-family residences. Currently, though not in the existing regulations for single- family residences, Staff imposes certain development standards for water heaters and HVAC systems. The amendment below, serves to codify current practice and standards.

PMC Chapter 23.81 General Regulations and Exceptions, as follows:
163

PMC Chapter 81.180 adding development standards related to the location of water heaters and HVAC systems.

On June 10, 2025, the City of Placentia Planning Commission held a public hearing and recommended that the City Council adopt a finding that this Ordinance is not subject to CEQA review and recommended approval of ZCA 2025-02.

CEQA:

The proposed Zoning Code Amendment was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act (“CEQA”). The draft Ordinance was also evaluated by the Planning Commission. Based on that review, Staff and the Planning Commission recommend that the City Council find that adoption of ZCA 2025-02 and Ordinance No. O-2025-06 is not a “project” under CEQA pursuant to Government Code Sections 65852.21(k) and 66411.7(n). Therefore, the adoption of an ordinance to comply with the provisions of those code sections is not a “project” under the California Environmental Quality Act and therefore, the proposed Ordinance is not subject to CEQA review.

CONCLUSION:

This zoning code amendment provides further refinements and development standards to the City Ordinances adopted in 2022 regarding two-unit housing developments and urban lot splits. Certain development standards and regulatory requirements in Title 22 (“Subdivisions”) and Title 23 (“Zoning”) of the Placentia Municipal Code would be amended to refine the City’s development standards in accordance with State law.

Fiscal Impact Summary:

No immediate impact
Attachments

1._Ordinance_No._O-2025-06_Two_Unit_Lot_Split.docx

1.A. Ex.A. Urban Lot Split 22.80.021.docx

1.B. Ex. B. Two Unit Housing 23.13.docx

1.C. Ex.C. Section 23.81.180 water heater hvac language.docx 164

Ordinance O-2025-06

Page 1 of 6 ends

ORDINANCE NO. O-2025-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AMENDING CHAPTER 22.80
(URBAN LOT SPLITS), CHAPTER 23.13 (TWO-UNIT
HOUSING) AND CHAPTER 23.81 (GENERAL

REGULATIONS AND EXCEPTIONS) OF THE PLACENTIA

MUNICIPAL CODE IN ACCORDANCE WITH STATE LAW

City Attorney’s Summary
This Ordinance amends Chapter 22.80 of Title 22 (Subdivisions) and Chapters 23.13 and

23.81 of Title 23 (Zoning) of the Placentia Municipal Code regarding Urban Lot Splits and Two-Unit Developments to be in compliance with changes to state law.

WHEREAS, on July 19, 2022, the City Council adopted Ordinance No. O-2022- 07, creating regulations for two-unit housing developments and urban lot splits in accordance with state law; and
WHEREAS, since the time of the adoption of Ordinance No. O-2022-07, the state has made additional amendments to the Government Code relating to two-unit housing developments and urban lot splits; and
WHEREAS, this Ordinance is amending Chapter 22.80, Subdivisions of Four Parcels or Less, Chapter 23.13, Two-Unit Housing Developments, and Chapter 23.81, General Regulations and Exceptions of the Placentia to Municipal Code to be in compliance with all of the changes made to state law regarding two-unit housing developments and urban lot splits; and
WHEREAS, on June 10, 2025, the Planning Commission 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, after the close of the public hearing the Planning Commission recommended that the City Council adopt this Ordinance; and 165

Ordinance O-2025-06

Page 2 of 6 ends

WHEREAS, on July 1, 2025, 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, the City desires to amend its regulations to comply with State law.

NOW, THEREFORE, THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment. Chapter 22.80, Section 22.80.021 of the Placentia Municipal Code is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 2. Amendment. Chapter 23.13 of the Placentia Municipal Code is hereby amended as set forth in Exhibit “B” attached hereto and incorporated herein by reference.

SECTION 3. Amendment. Chapter 23.81 of the Placentia Municipal Code is hereby amended to add new section 23.81.180 as set forth in Exhibit “C” attached hereto and incorporated herein by reference.

SECTION 4. CEQA. Pursuant to Government Code Sections 65852.21(k) and 66411.7(n) the adoption of an ordinance relating to two -unit housing developments and urban lot splits are not considered a project under CEQA.

SECTION 5. Effective Date. This Ordinance shall take effect on the 31st day after adoption.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion 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 or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. 166

Ordinance O-2025-06

Page 3 of 6 ends

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 1st day of July 2025.

PASSED, APPROVED AND ADOPTED this 15th day of July 2025.

Kevin Kirwin, Mayor

ATTEST:

_________________________________
Robert S. McKinnell, City Clerk

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

________________________________
Christian L. Bettenhausen, City Attorney

167

Ordinance O-2025-06

Page 4 of 6 ends

EXHIBIT “A”
CHAPTER 22.80
168

Ordinance O-2025-06

Page 5 of 6 ends

EXHIBIT “B”
CHAPTER 23.13
169

Ordinance O-2025-06

Page 6 of 6 ends

EXHIBIT “C”
SECTION 23.81.180
170

EXHIBIT “A”
CHAPTER 22.80
§ 22.80.021. Urban lot split requirements.
(a) Definitions. For purposes of this section, the following definition shall apply:
"Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.
(b) The city shall ministerially approve a parcel map for a lot split that meets the following requirements:
(1) The parcel is located within a single-family residential zone. (2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel. (4) Both newly created parcels are no smaller than 1,200 square feet. (5) The parcel is not located in any of the following areas and does not fall within any of the following categories:
(A) A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance. (B) Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(C) Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D) A very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Resources Code.. This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances 171

Control has cleared the site for residential use or residential mixed uses.
(F) A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
(G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the
development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the
development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural
Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K) Lands under a conservation easement.
(6) The proposed lot split would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control by the city; or (D)(C) Housing that has been occupied by a tenant in the last three years. 172

(7) A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application.

(7)(8) The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

(8)(9) Flag lots are not permitted, unless necessary to comply with this section.

(1) The lot split must conform to all applicable objective requirements of the California Subdivision Map Act (Government Code Sections 66410, et seq.) and Title 22 of the Placentia Municipal Code, except as the same are modified by this section.

(2) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) Except for those circumstances described in subsection (c)(2) above, the setback for side and rear lot lines for units 800 square feet or less shall be four feet. For units 801 square feet and larger, the side and rear set back shall be the same as set forth in the single- family residential zone or applicable single-family residential specific plan land use designation. The front setback shall be as set forth in the applicable s ingle-family residential zone or applicable single-family residential specific plan land use designation.

(4) The applicant shall provide easements for the provision of public services and facilities as required to service the newly created lots. (5) All lots shall have a minimum street frontage of 10 feet to provide for vehicular access and shall comply with driveway requirements of Title 23. (6) Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with this section, in which case this section will prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(B) There is a car share vehicle located within one block of the parcel. (7) Lot coverage shall be the same as set forth in the single-family residential zone, so long as it does not prevent the construction of two 800 square foot 173

units.
(8) All grading shall comply with Chapter 20.40 (Grading and Excavating) of this code.
(9) Each resulting property must adjoin the public right of way or have vehicular access to the public right of way through a fee interest or perpetual access easement.
(10) Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 23.04.010 of this code. (11) Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within 150 feet of the fire apparatus. All properties shall comply with all fire protection requirements set forth in the California Fire Code and Title 18 of this code.
(12) Each resulting lot (properties) must have dedicated wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards:
(A) Location and size shall be determined in accordance with city standards. (B) Water shall include domestic, irrigation, and fire water systems. (C) Property shall be responsible to install new or upsized connections to city facilities in accordance with city standards.
(D) Unused connections shall be abandoned per city standards. (d) In connection with an application under this section, the city shall not:

(1) Require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.

(2) Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

(3) Require the correction of nonconforming zoning provisions as a condition for the lot split.

(4) Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) An applicant for an urban lot split shall be required to s ign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
174

(1) That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
(2) That the uses shall be limited to residential uses. (3) That any rental of any unit created by the lot split shall be for a minimum of 31 days.
(4) That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.
(5) That prohibits the separate fee interest conveyance of any unit on the parcel. (6) That the parcel is formed by an urban lot split and is subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

(f) The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g) This section shall not apply to:
(1) Any parcel which has been established pursuant to a lot split in accordance with this section; or
(2) Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot. Acting in concert shall also include where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot. However, acting in concert is not limited to these situations.
(h) Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
175

(i) The provisions of this section supersede any provisions of Titles 22 and 23 of the municipal code to the contrary.
(j) An existing nonconforming or unpermitted dwelling unit may be legalized if it meets or can be improved to meet all requirements of Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for a two unit two-unit housing development.

(k) (1) An application pursuant to this section shall be considered and approved or denied within 60 days from the date the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If the city denies an application under this section, the city shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items tha t are defective or deficient and a description of how the application can be remedied by the applicant.

176

EXHIBIT “B”
CHAPTER 23.13

TWO UNIT HOUSING DEVELOPMENTS
§ 23.13.010. Two unitTwo-unit housing development.
(a) For purposes of this chapter, the following definition shall apply:
(1) “Housing development” shall mean no more than two (2) residential units within a single-family zone that meets the requirements of this section. The two (2) units may consist of two (2) new units or one (1) new unit and one (1) existing unit.
(b) The city shall ministerially approve a housing development containing no more than two (2) residential units if it meets the following requirements:
(1) The parcel is located within a single-family residential zone.
(2) The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
(3) The parcel is not located in any of the following areas and does not fall within any of the following categories:
(A) A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
(B) Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(C) Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D) A very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.further defined in Government Code Section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
177

(F) A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city’s building department. (G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. A special flood hazard area subject to inundation by the one (1) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or
The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii). (H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), or other adopted natural resource protection plan.Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I). 178

(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter

1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (K) Lands under a conservation easement.
(4) The proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control by the city; or (C) A parcel or parcels on which an owner of residential real property exercised rights
under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or (C) Housing that has been occupied by a tenant in the last three (3) years. (5) A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application.
(5) Demolition of an existing unit shall not exceed more than twenty-five (25) percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three (3) years.
(c) Standards and Requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone or applicable single- family residential specific plan land use designation, unless they conflict with state law:
(1) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (2) Except for those circumstances described in section (Cc)(1) above, for units eight hundred (800) square feet or less, the setback for side and rear lot lines shall be four feet. For units eight hundred and one (801) square feet and larger, the side and rear set back shall be the same as set forth in the applicable single- family residential zone or applicable specific plan designation. The front setback shall be as set forth in the single- family residential zone or applicable single family residential specific plan designation.
(3) The applicant shall provide easements for the provision of public services and facilities as required.
179

(4) All lots shall have a minimum street frontage of ten feet to provide for vehicular access and shall comply with driveway requirements of Title 23. (5) Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with state law or this chapter, in which case state law and this chapter shall prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A) The parcel is located within one-half mile walking distance of either a high- quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(B) There is a car share vehicle located within one block of the parcel. (6) For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years, which shows that the system meets acceptable infiltration rates. (7) The front setback shall be twenty (20) feet on a lot that fronts on a street.

(8) The height of the structure shall be same as set forth in the single -family zone or applicable specific plan designation. However, any unit within the four feet rear set back shall be limited to one story. If the second structure meets the rear set back requirements of the single-family zone or applicable single-family residential specific plan land use designation, the height may be the same as required in said zone or land use designation, however, any second story must be stepped back a minimum of five (5) feet from the first-floor wall plane. Decks and balconies are prohibited.
(9) Lot coverage shall be the same as set forth in the single-family residential zone or applicable single-family residential specific plan land use designation, so long as it does not prevent the construction of two (2) eight hundred (800) square foot units.
(10) All grading shall comply with Chapter 20.40 of this code. (11) Each resulting property must adjoin the public right of way or have vehicular access to the public right of way through a fee interest or perpetual access easement.
(12) Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 23.04.010 of this code. (13) Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within one hundred fifty (150) feet of the fire apparatus. All properties shall comply with all fire protection requirements set forth in the California Fire Code and Title 18 of this code. (14) Each resulting lot (properties) must have dedicated wet (water, sewer, storm 180

drain) and dry (gas and electric) utilities which shall meet the following standards:
(A) Location and size shall be determined in accordance with city standards. (B) Water shall include domestic, irrigation, and fire water systems. (C) Property shall be responsible to install new or upsized connections to city facilities in accordance with City standards.
(D) Unused connections shall be abandoned per city standard. (15) Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit, unless within an enclosed structure. Tank less water heaters, when installed on the exterior of structure may only be installed on the first floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.
(16) HVAC units must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling. (17) The total floor area of each primary dwelling unit built pursuant to this section may be less than eight hundred (800) square feet and also consistent with the minimum standards required by state law (generally two hundred twenty (220) square foot minimum). A primary dwelling unit that was legally established on the subject site prior to the two (2) unit project that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet or larger after or as part of the two (2) unit project pursuant to the development standards enforced in this chapter. A primary dwelling unit that was previously legally established on the subject site that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two (2) unit project approval and may not be expanded. (18) In addition to complyingAll landscaping shall comply with the single familysingle-family residential zone landscape provisions of this code, all developments shall plant mature landscaping consisting of (but not limited to) a minimum size thirty-six (36) inch box trees, fifteen (15) gal shrubs, or a combination of both.
(19) All development shall comply with the single familysingle-family residential zone open space provisions of this code, to the extent that is does not prevent two (2) primary dwelling units on the subject property of eight hundred (800) square feet each.
(20) The rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.
(d) The city shall not:
(1) Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.
181

(2) Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
(e) An applicant that also proposes for an urban lot split under Chapter 22.80 shall be required to sign an affidavit in a form approved by the city City attorney Attorney to be recorded against the property stating the following:
(1) That the uses shall be limited to residential uses. (2) That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.
(3) For an urban lot split, thatThat the parcel is formed by an urban lot split and is subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
(4) That the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(f) The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
(h) (1) An application pursuant to this section shall be considered and approved or denied within 60 days from the date the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(2) If the city denies an application under this section, the city shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(i) The provisions of this section supersede any provisions in the Titles 22 and 23 of the Municipal Code to the contrary.

182

EXHIBIT “C”
CHAPTER 23.81.180

§ 23.81.180 Water heaters and HVAC systems

(a) Water heaters (excluding tank less) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit, unless within an enclosed structure. Tank less water heaters, when installed on the exterior of structure may only be installed on the first floor, must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling.

(b) HVAC units must not be installed on any street facing elevation, and must not be installed on the same elevation as the entrance to the dwelling. 183

Agenda Item No: 3.a

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 1, 2025
Submitted by: Joe Lambert
From: Development Services
Subject:

Adoption of Guidelines and Procedures for implementing the provisions of the California Environmental Quality Act for projects in the City of Placentia Financial Impact:

Fiscal Impact:

No Impact
Summary:

The California Environmental Quality Act (“CEQA”), codified at Public Resources Code section 21000, et seq., is California’s most comprehensive environmental law. It generally requires public agencies to evaluate the environmental effects of their actions before they are taken.

CEQA also aims to disclose significant environmental effects of projects and prevent significant environmental effects from occurring as a result of agency actions by requiring agencies to avoid or reduce, when feasible, the significant environmental impacts of their decisions. Under CEQA, Guidelines have been established for the implementation of the act.

They can be found in the California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.

The City’s current Local Guidelines were adopted in 1991 and have not been updated since that time. As such, Staff, in connection with the City Attorney’s Office, has prepared a new set of Local CEQA Guidelines in compliance with State law.

Recommendation:

Recommended Action: It is recommended that the City Council take the following action:

Strategic Plan Statement:

This Council action is generally related to Goal 3 to promote Community and Economic Development. Adopting updated CEQA Guidelines with local objectives, criteria, and procedures for evaluating public and private projects brings the City in compliance with State 184

law in this regard and directly results in providing a high level of local review and certainty to ensure development projects are evaluated in a way that is consistent with the goals and policies of the City Council. Also, specifically, this action is consistent with and furthers Objective 3.10: Implementation of Housing Element Strategies and Objective 3.12: Secure funding to address affordable housing, in that local CEQA Guidelines provide clarity to developers regarding CEQA review related to development projects resulting in surety and expedited review for potential development including housing.

Discussion:

Pursuant to Public Resources Section 21082 and CEQA Guidelines Section 15022, public agencies are required to adopt specific objectives, criteria, and procedures for evaluating public and private projects that are undertaken or approved by such agencies. The City’s current Local Guidelines were adopted in 1991 and have not been updated since that time.

As such, Staff, in connection with the City Attorney’s Office, has prepared a new set of local CEQA Guidelines in compliance with State law. The new Local Guidelines are more streamlined and provide step-by-step procedures for evaluating and processing projects including:

Approving Authority
Time Limits
Initial Study
Exemptions
Negative Declarations/Mitigated Negative Declarations (ND/MND) Environmental Impact Reports (EIR)
Appeals

On June 10, 2025, the City of Placentia Planning Commission adopted Resolution No. PC- 2025-07 recommending that City Council find that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts; and, recommending that City Council adopt Guidelines and Procedures for implementing the provisions of the California Environmental Quality Act for projects in the City of Placentia.

CEQA:

No environmental impact is anticipated from amending the Local CEQA Guidelines. The City of Placentia adopting local CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts. On June 10, 2025, the Planning Commission recommended that City Council find that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts.

CONCLUSION:

The new Local CEQA Guidelines are developed in compliance with the State CEQA Guidelines and implement procedures not only as provided for under CEQA and the Guidelines, but that are specific to the City.

Fiscal Impact Summary:

No immediate impact.
185

Attachments

1._Resolution_R-2025-36.docx

1.a.CEQA Guidelines Final with Appendix.docx
186

Resolution R-2025-36

Page 1 of 3 ends

RESOLUTION NO. R-2025-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, FINDING THAT ADOPTION OF

CEQA GUIDELINES IS NOT A PROJECT UNDER STATE
CEQA GUIDELINES SECTION 15378(B)(5) BECAUSE IT

INVOLVES AN ADMINISTRATIVE ACTIVITY AND WOULD
NOT RESULT IN ANY ENVIRONMENTAL IMPACTS; AND,

ADOPTING GUIDELINES AND PROCEDURES FOR

IMPLEMENTING THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE
§ 21000 ET SEQ.) FOR PROJECTS IN THE CITY OF

PLACENTIA

A. Recitals

WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.), the California Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, § 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and

WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and

WHEREAS, the City of Placentia must adopt local guidelines for implementing CEQA consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines; and

WHEREAS, on June 10, 2025, the Planning Commission of the City of Placentia adopted Resolution No. PC-2025-07 recommending that City Council find that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts; and, recommending that City Council adopt guidelines and procedures for implementing the provisions of the California Environmental Quality Act for projects in the City of Placentia.

B. Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

1. The foregoing recitals are true and correct.
187

Resolution R-2025-36

Page 2 of 3 ends

2. The City Council of the City of Placentia finds that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts.

3. The City Council of the City of Placentia hereby adopts Guidelines and Procedures For Implementing The Provisions Of The California Environmental Quality Act (Pub. Resources Code § 21000 ET SEQ.) for projects in the City of Placentia as contained in Exhibit A attached hereto .

4. All prior actions of the City enacting earlier guidelines are hereby repealed.

APPROVED and ADOPTED this 1st day of July 2025.

___________________________
Kevin Kirwin, 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 Resolution was adopted at a regular meeting of the City Council held on the 1st day of July 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

______________________________
Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

________________________________
Christian L. Bettenhausen, City Attorney

188

Resolution R-2025-36

Page 3 of 3 ends

Exhibit A:

GUIDELINES AND PROCEDURES FOR IMPLEMENTING

THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT FOR PROJECTS IN THE

CITY OF PLACENTIA
189

GUIDELINES AND PROCEDURES FOR

IMPLEMENTING THE PROVISIONS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

FOR PROJECTS IN THE CITY OF PLACENTIA

SECTION 1 PURPOSE

These Guidelines and Procedures are adopted to implement the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines (“State Guidelines”), California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq., as the same may be amended from time to time, and may be referred to as the Placentia CEQA Procedures or Procedures.

SECTION 2 RELATIONSHIP TO STATE GUIDELINES

The State Guidelines are hereby incorporated by reference. These Procedures are not meant to replace the State Guidelines but to implement, supplement and tailor the general provisions of the State Guidelines to the specific operations of the City of Placentia (“City”). The City Council is the governing board of the City. The City may administer its responsibilities under CEQA in any manner which meets the requirements of CEQA, notwithstanding the specific procedures and provisions set forth in these Procedures; provided, however, that when such procedures and provision are not followed, the City Council, shall, by minute action, find that extraordinary circumstances exist and that such procedures and provisions are waived. The City Council shall be the only CEQA decision- making body as specified in these Procedures with the ability to waive the procedures and provisions contained herein. If any Sections of these Procedures are in conflict with or contrary to any provision of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control.

SECTION 3 DEFINITIONS

The definitions set forth in the Public Resources Code section 21060 et. seq. and the State Guidelines shall govern and are the applicable definitions except as modified and/or supplemented herein.

Advisory Body - The person, committee, or commission, which has authority by law or ordinance to comment upon or give an advisory decision on the Project at issue. For the City the Advisory Body may include but is not limited to the Director and/or the City Planning Commission.

Approval - A decision by the Director, Planning Commission or City Council as appropriate, or other authorized body or officer of the City, which commits the City to a definite course of action with regard to a Project. With regard to any Project to be undertaken directly by the City, approval shall be deemed to occur on the date when the City Council adopts a motion or resolution determining to proceed with the Project which 190

2 in no event shall be later than the date of adoption of plans and specifications. As to private Projects, approval shall be deemed to have occurred upon the issuance by the City of a discretionary action or other entitlement for the Project.

CEQA - The California Environmental Act as set forth in California Public Resources Code § 21000 et seq.

CEQA Documents – The CEQA Documents prepared for a particular Project which can include but is not limited to a Notice of Exemption, a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report and any necessary studies.

City - The City of Placentia, a California charter city and municipal corporation.

City Council – The Legislative Body for the City of Placentia and the final Decision- Making Body as set forth in these Procedures.

City Planning Commission – A commission of the City Council created pursuant to § 905 of the City Charter and § 2.11.010 of the Placentia Municipal Code.

Decision-Making Body – The person, commission, or council which has the authority by law or ordinance to make a final decision to approve or disapprove a Project at issue. The Decision-Making Body, depending on the CEQA document, is the Director, the City Planning Commission, and/or the City Council.

Department – The department in the City that is carrying out a Project.

Director – The Director of Development Services or his/her designee.

Discretionary Project - A Project for which approval requires the exercise of independent judgment, deliberation or decision making by the City.

Guidelines - The whole of this document is intended to provide the City’s criteria for implementation of CEQA and the State Guidelines.

Lead Agency – The City of Placentia.

Ministerial Project – A Project for which approval does not require the exercise of independent judgement, deliberation, or decision making by the City.

Person - Includes any person, firm, association, organization, partnership, business, trust, corporation, or company.

Private Project – A Project which will be carried out by a Person which will require discretionary approval from the City.

Project – Any action as defined by State Guidelines §15378. 191

3 Public Agency - Any state agency, board, or commission, any County, City, regional agency, public district, or other political subdivision.

Responsible Agency – A Public Agency as defined by State Guidelines § 15381.

Staff - The personnel in the Development Services Department and/or contracted personnel representing the City.

State Guidelines – The regulations as set forth in California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq. for the implementation of CEQA.

Trustee Agency – A state agency as defined by State Guidelines § 15386.

SECTION 4 RESPONSIBILITY OF DEPARTMENTS AND DIRECTOR

A. Private Projects. For all Private Projects the Development Services Department shall be responsible for the handling and processing of all CEQA Documents as follows:

1. Prepare the CEQA Documents or retain, at the applicants expense, outside consultants to prepare the CEQA Documents, including any necessary studies. Applicants expense includes, but is not limited to, peer review of the CEQA Documents and any related studies.

2. Upon completion of the CEQA Documents submit to the appropriate Decision-Making Body for final action.

B. Public Agency Projects. Each Department shall each be responsible for the preparation, review and/or processing of CEQA Documents as follows:

1. The Directors of the Department for which a Project is undertaken shall:

a. Conduct the environmental review process in conjunction with these Procedures and the Development Services Department including the preparation of the CEQA Documents; and, if necessary

b. Retain the services of an outside consultant to perform the environmental review, subject to these Procedures.

2. Upon completion of the CEQA Document, submit to the appropriate Decision-Making Body as set forth in these Procedures.

C. For All Projects. The Director, in consultation with the Director of Public Works, or his/her designee, shall ensure that all Projects are in compliance with the City Council 192

4 adopted Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment, as may be amended from time to time.

SECTION 5 INITIAL PROCESS

A. Purpose. The CEQA process is an informational process involving a series of procedural and substantive steps to determine if CEQA applies to a given activity, and if CEQA applies, to identify potential environmental impacts and methods of mitigating such impacts.

B. Steps.

1. Determine if an activity, proposal, or action meets the definition of a “Project” pursuant to CEQA (Guidelines §15378). If it does not meet the definition of a Project no further action under CEQA is required.

2. If the activity is a Project, determine if the Project is either statutorily or categorically exempt from further CEQA review, or is deemed ministerial and not subject to further CEQA review.

3. If the Project is exempt, no further CEQA review is required and a Notice of Exemption is prepared and filed pursuant to State Guidelines (Guidelines §15062).

4. If a Project is not exempt then an Initial Study shall be prepared to describe and evaluate the potential environmental impacts of the Project.

5. The Initial Study will lead to either the preparation of a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report.

SECTION 6 EXEMPTIONS

A. Exemptions Generally. Projects that are ministerial in nature, meet general rule findings, are statutorily exempt, are categorically exempt, or are denied do not require the preparation of an Initial Study, Negative/Mitigated Negative Declaration, or an Environmental Impact Report.

B. Ministerial Projects. A ministerial Project involves little or no personal judgement by the City and involves only the use of fixed standards or objective measurements and no personal, subjective judgement can be used in deciding if a Project can be carried out (State CEQA Guidelines §15269). Appendix “A” attached hereto an incorporated herein by reference, contains the list of Projects in the City that the City Council has found to be ministerial in nature. However, when a Project involves elements, some of which are ministerial in nature and some of which are discretionary, the overall Project will be deemed discretionary and subject to CEQA review.
193

5 C. General Rule. CEQA does not apply to a Project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (State Guidelines §15061(b)(3)).

D. Statutory Exemptions. Those exemptions granted by the State legislature and are listed in State Guidelines §§ 15260 through 15285, as may be amended from time to time.

E. Categorical Exemptions. Those classes of Projects which the State Guidelines have determined typically do not have a significant impact on the environment (State Guidelines §§ 15300-15333). In addition, pursuant to § 15300.4 of the State Guidelines, the City hereby adds the activities and permits listed in Appendix “B” attached hereto and incorporated herein by reference, to the list of Class Numbers 1, 3, 4, and 5 activities that are categorically exempt in the City.

F. Categorical Exemption Limitation. A categorical exemption shall not be used if the conditions in State Guidelines § 15300.2 apply.

G. Notice of Exemption. If a Project is exempt under one of the categories listed above, then a Notice of Exemption may be filed following the procedures and requirements of California Public Resources Code § 21152 and State Guidelines § 15062, and as follows:

1. The Notice shall include a brief description of the Project, the location of the Project, a finding that the Project is exempt citing to the sections or statutes of the exemptions and the justifications for the exemptions, the applicant’s name and the identity of the person undertaking the Project.

2. The Notice shall be filled with the State Clearinghouse and County Clerk, after approval of the Project.

3. The Notice should be filed within five (5) working days after approval of the Project.

4. For Private Projects, the person or entity proposing the carry out the Project shall pay all filing fees.

SECTION 7 INITIAL STUDIES

A. Determination that an Initial Study should be Prepared. If a Project is subject to the requirements of CEQA and not exempt under the State Guidelines, within thirty (30) days of deeming an application complete, the Director shall initiate an Initial Study to determine if the Project may have a significant effect on the environment. The Director may extend the determination by an additional fifteen (15) days upon consent of the applicant. If the Director determines that an Environmental Impact Report will be required for the Project, an Initial Study is not required but may still be made if determined to be desirable. If it is determined that an Initial Study is required for a Project, all phases of 194

6 Project planning, implementation, and operation shall be considered. An Initial Study or similar analysis prepared pursuant to NEPA may be used to meet the requirements of this Section.

B. Early Consultation with other Agencies and Native American Tribes. When one or more public agencies will be involved in approving a Project, Staff shall consult with all Responsible and any Trustee Agencies. Pursuant to AB 52 and SB 18, Staff shall follow the procedures in connection the consultation with Native American Tribes. Such consultation shall be undertaken as part of the Initial Study process but need not be completed within the Initial Study time frame.

C. Elements. The elements of an Initial Study shall follow Appendix G of the State Guidelines.

D. Results of Initial Study. The Initial Study shall be used to provide a written determination of whether a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report shall be prepared for a Project.

SECTION 8 NEGATIVE DECLARATIONS OR MITIGATED NEGATIVE

DECLARATIONS

A. Determination to Prepare a Negative Declaration or Mitigated Negative Declaration. The Director shall direct the preparation of a Negative Declaration or Mitigated Negative Declaration for a Project based on the following circumstances.

1. Negative Declaration. The Initial Study, in light of the whole record, shows there is no substantial evidence that the Project may have a significant effect on the environment.

2. Mitigated Negative Declaration. The Initial Study identified potentially significant effects but revisions in the Project plans or proposals made by or agreed to by the applicant before the proposed Mitigated Negative Declaration is released for public review would avoid or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the Director that the Project as revised may have a significant effect on the environment.

B. Procedures. A Negative Declaration or Mitigated Negative Declaration shall follow the State Guidelines as to required content (State Guidelines §15071).

C. Standards. A Negative Declaration or Mitigated Negative Declaration should be prepared with a sufficient degree of analysis to provide the Decision-Making Body with information which enables them to make a decision which takes account of environmental consequences. The Director shall make the determination as to adequacy of the Negative Declaration or Mitigated Negative Declaration. The evaluation of environmental effects 195

7 need not be exhaustive but must be within the scope of what is reasonably feasible. A good faith effort at completeness is necessary.

D. Time Frame for Completion. For Private Projects a Negative Declaration or Mitigated Negative Declaration shall be completed and a recommendation made by Staff no later than 105 days from the date on which an application is accepted as complete.

Completion of a Negative Declaration or Mitigated Negative Declaration within the 105- day period shall include completion of the Initial Study, public review and the preparation of a document(s) ready for approval and adoption by the Decision-Making Body.

Completion within the 105-day period does not include the approval or adoption of the Negative Declaration or Mitigated Negative Declaration by the Decision-Making Body. In the event that compelling circumstances justify additional time and the Project applicant consents thereto Staff may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration or Mitigated Negative Declaration.

Should the Project applicant unreasonably delay in providing information requested by the Staff, the 105-day time frame may be suspended for the length of the unreasonable delay.

E. Notice of Intent to Adopt. Prior to the adoption of a Negative Declaration or Mitigated Negative Declaration, a Notice of Intent to Adopt shall be filed pursuant to State Guidelines §15072. The Notice shall be mailed to responsible agencies, trustee agencies and to those organizations and individuals who have requested, in writing, to receive such notice and in one of the following manners to allow for public review:

1. Publication at least once in the in the paper of general circulation within the Project area.

2. Posting the notice on and off the site in the area where the Project is located.

3. Direct mailing to the owners and occupants of property contiguous to the Project. The owners are identified by the latest equalized assessment roll.

In addition, the Notice shall be filed with the County Clerk. For a Project of statewide, regional or areawide significance, notice is provided to transportation planning agencies and public agencies which have transportation facilities within the jurisdiction which could be affected by the Project. Public transit agencies with facilities within one-half mile of the Project should also receive notice.

If the City has received a written notification by the U.S. Department of Defense or any branch of the U.S. Armed forces of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and they have provided the City with the military contact office and address, then that military office shall be included in the list of organizations to receive notice (State Guideline §15190.5).

F. Public Review. For Projects that do not require submittal to the State Clearinghouse, there is a minimum of 20-day public review and comment period. If 196

8 submitted to the State Clearinghouse, then there is a minimum of 30-day public review and comment period (State Guidelines § 15073).

G. Adoption of a Negative Declaration or Mitigated Negative Declaration. Prior to approval of a Project, the Decision-Making Body shall consider the Negative Declaration or Mitigated Negative Declaration together with any comments received during the public review process. After review by the Decision- Making Body, the Project and the Negative Declaration or Mitigated Negative Declaration, and any recommendation thereto, may be adopted, approved or disapproved. If the Director or the Planning Commission is the Decision-Making Body, that decision is final unless appealed.

H. Mitigation Monitoring and Reporting Program/Plan. In conjunction with adoption of a Mitigated Negative Declaration, the Decision-Making Body shall adopt a program of monitoring to ensure that the required mitigation measures are implemented (State Guidelines § 15074), and as set forth in Section 10 below.

I. Notice of Determination. Within five (5) working days after the Decision-Making Body has made a decision to carry out or approve a Project, the Director shall cause to be prepared and filed a Notice of Determination pursuant to Public Resources Code § 21152 and State Guidelines § 15075. The Notice of Determination shall be filed with the State Clearinghouse and the County Clerk.

J. Federal Projects - For Projects where federal involvement might require the preparation of a finding of no significant effect, the State Guidelines shall be followed in addition to the procedures set forth in this Section.

K. Costs – For Private Projects, the Person or entity proposing to carry out the Project shall pay all costs incurred by the City for the preparation of the Negative Declaration or Mitigated Negative Declaration, including all publication costs and filing fees.

SECTION 9 ENVIRONMENTAL IMPACT REPORTS

A. Significant Impacts. When the Director determines that a Project may have a significant impact on the environment, the Director shall direct the preparation of an Environmental Impact Report for the Project. The Project applicant shall provide any information requested for the preparation of an Environmental Impact Report. In connection with the preparation of an Environmental Impact Report, the procedures contained in this Section and the State Guidelines shall be followed (§§15120 – 15132).

B. Preparation of an Environmental Impact Report.

1. One of the following methods or a combination of them may be used for preparing an Environmental Impact Report:

a. Contracting with another entity, public or private, to prepare the Environmental Impact Report.
197

9 b. Accepting an Environmental Impact Report prepared by a consultant, and paid by the applicant, or any other person.

c. Using a previously prepared Environmental Impact Report.

2. The Environmental Impact Report shall be reviewed and analyzed by Staff before it is sent out for public review to ensure its accuracy, objectivity and completeness. The Environmental Impact Report shall also reflect the independent judgment of the City.

3. Staff may require the applicant to supply data, technical studies, and information to assist in preparing the Environmental Impact Report. The applicant shall also be required to identify any other public agencies that will have jurisdiction by law over the Project.

4. The applicant shall pay an Environmental Impact Report processing fee established by City Council resolution and shall pay the actual costs of preparing and printing the Environmental Impact Report.

C. Notice of Preparation. A Notice of Preparation (NOP) (State Guidelines § 15082) notifying responsible and interested agencies about the Project and soliciting their comments on the scope and content of the Environmental Impact Report shall be prepared by Staff or a consultant, if one is retained. This notice shall be sent by certified mail to the applicant, all Responsible and Trustee Agencies, and all federal agencies involved in approving or funding the Project. The NOP shall also be sent to the State Clearinghouse and the County Clerk. Those receiving the NOP have 30 days in which to provide comments regarding the Environmental Impact Report preparation for the Project.

If the City has received a written notification by the U.S. Department of Defense or any branch of the U.S. Armed forces of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and they have provided the City with the military contact office and address, then that military office shall receive notice the NOP (State Guideline §15190.5).

D. Scoping Meeting. The City may decide to hold a scoping meeting prior to the preparation of an Environment Impact Report. However, for Projects of statewide, regional or areawide significance, or that may affect a highway or other facility under the jurisdiction of the Department of Transportation, at least one scoping meeting shall occur.

Notice for a scoping meeting shall be given as follows:

1. Any county or city that borders the City.

2. Any responsible agency.

3. Any public agency that has jurisdiction by law with respect to the Project. 198

10 4. Any organization or individual who has filed a written request for the notice.

E. Form and Content of an Environmental Impact Report - The required contents of an Environmental Impact Report as set forth in the State Guidelines §§ 15120 - 15132 shall be followed.

F. Standards. An Environmental Impact Report should be prepared with a sufficient degree of analysis to provide the Decision-Making Body with information which enables them to make a decision which takes account of environmental consequences. The Director shall make the determination as to adequacy of the Environmental Impact Report.

The evaluation of environmental effects need not be exhaustive but must be within the scope of what is reasonably feasible. A good faith effort at completeness is necessary.

G. Notice of Completion. As soon as an Environmental Impact Report is completed, the Director shall file a Notice of Completion in printed form or electronically with the Office of Planning and Research. The Notice of Completion shall include all required information and be filed pursuant to State Guidelines § 15085. The Notice of Completion shall include:

1. A brief description of the Project.

2. The location of the Project either by street address and cross street for urban areas, or by attaching a map, as set forth in State Guidelines § 15085.

3. Address where copies of the draft Environmental Impact Report are available.

4. The review period during which comments will be received.

H. Notice of Availability. A Notice of Availability of a completed Environmental Impact Report shall be provided at the same time as the Notice of Completion is sent to the Office of Planning and Research. The Notice of Availability shall be prepared and posted as prescribed in the State Guidelines (§ 15087), shall be mailed to the last known address of all organizations and individuals who had previously requested such notice and shall be provided and in one of the following manners:

1. Publication at least once in the paper of general circulation within the project area.

2. Posting the notice on and off the site in the area where the Project is located.

3. Direct mailing to the owners and occupants of property contiguous to the Project. The owners are identified by the latest equalized assessment roll.

199

11 The Notice of Availability shall include:

1. Brief description of the Project.

2. Starting and ending dates of the review period.

3. The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency.

4. A list of the significant environmental effects anticipated as a result of the Project.

5. The address where copies of the Environmental Impact Report and all documents incorporated by reference will be available for public review.

The location shall be readily accessible during the lead agency’s normal working hours. Copies of the draft Environmental Impact Report should be provided to the Placentia Public Library.

6. The presence of the Project site on any lists enumerated under Government Code §65962.5 (hazardous waste sites).

I. Public Review of an Environmental Impact Report. Upon the filing of a Notice of Completion, the Director shall submit copies of the Draft Environmental Impact Report to each responsible agency, trustee agency and any other public agency having jurisdiction by law with respect to the Project. Copies of the Environmental Impact Report shall also be made available for purchase by members of the general public. Any person obtaining a copy of the Draft Environmental Impact Report shall reimburse the Public Agency for its reproduction pursuant to the fees established by City Council resolution. Copies of the Draft Environmental Impact Report shall be available at the Placentia Library District, 411 East Chapman Avenue and at City Hall, 401 East Chapman Avenue. The Draft Environmental Impact Report shall also be available on the City’s website under Development Services Department.

The public review period for an Environmental Impact Report shall not be less than 30 days nor should it be longer than 60 days except under unusual circumstances. If the Environmental Impact Report is submitted to the State Clearinghouse for review, the review period shall not be less than 45 days.

J. Responses to Comments. In addition to any and all requirements of the State Guidelines, the Director shall ensure that all comments received regarding the Draft Environmental Impact Report are evaluated and responded to. The Director shall provide a proposed written response to any public agency on comments made by that public agency at least 10 days prior to certifying the Environmental Impact Report (State Guidelines § 15088). Response to Comments on Draft Environmental Impact Report may take the form of a revision of the Draft Environmental Impact Report or may be an attachment to the Draft Environmental Impact Report. The responses of the City must describe the 200

12 disposition of any significant environmental issues raised such as any revisions to the proposed Project designed to mitigate anticipated impacts or objections. In particular any major issues raised when the City’s position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. The responses shall contain recommendations when appropriate to alter the Project as described in the Draft Environmental Impact Report as a result of an analysis of the comments received.

K. City Planning Commission Recommendations on the Draft Environmental Impact Report. At a public hearing, the City Planning Commission shall review the Draft Environmental Impact Report for all Projects (private and public) and shall make recommendations to the City Council regarding the following items:

1. Whether the Draft Environmental Impact Report has been completed in compliance with CEQA, the State Guidelines, and these Procedures.

2. Whether the Environmental Impact Report should be certified.

3. If there is one or more significant environmental effects, written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.

L. Preparation of Final Environmental Impact Report. Prior to the public hearing before the City Council, it shall be the responsibility of the Director to cause to be prepared a Final Environmental Impact Report. The contents of a Final Environmental Impact Report shall consist of:

1. The Draft Environmental Impact Report or a revision of the draft.

2. Comments and recommendations received on the Draft Environmental Impact Report either verbatim or in summary.

3. A list of persons, organizations, and public agencies commenting on the Draft Environmental Impact Report.

4. The responses of the City to significant environmental points raised in the review and consultation process.

5. Responses to comments received on the Draft Environmental Impact Report.

6. Any other information added by the City (State Guidelines § 15132).

M. Certification of a Final Environmental Impact Report. At a public hearing, the City Council shall review the Final Environmental Impact Report. The Final Environmental 201

13 Impact Report shall be presented to the City Council, together with the Draft Environmental Impact Report.

Prior to approving the Project, the City Council shall certify that:

1. The Final Environmental Impact Report is complete and adequate and has been completed in compliance with CEQA, the State Guidelines, and these Procedures.

2. The Final Environmental Impact Report was presented to them, and that they reviewed and considered the information contained in the Final Environmental Impact Report prior to approving the Project.

3. The Final Environmental Impact Report reflects the City’s independent judgment and analysis.

N. Findings. The City Council, in the certification of the Environmental Impact Report, shall identify one or more significant environmental effects of the Project unless it makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings set forth in the State Guidelines § 15091 include:

1. Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final Environmental Impact Report.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Public Agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final Environmental Impact Report.

O. Mitigation Monitoring or Reporting Program - In conjunction with adoption of an Environmental Impact Report, the City Council shall adopt a program of monitoring to ensure that the required mitigation measures are implemented (State Guidelines § 15097) as set forth in Section 10 below.

P. Statement of Overriding Considerations. For any impact that cannot be reduced to less than significant, a Statement of Overriding Consideration shall be adopted pursuant to the State Guidelines § 15093. The City Council shall balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a Project against its unavoidable environmental risks when 202

14 determining whether to approve the Project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. The findings shall be in writing and set forth the specific reasons to support its action based on the Final Environmental Impact Report and/or other information in the record.

Q. Notice of Determination - When the City has decided to carry out or approve a Project, the Director shall cause to be prepared a Notice of Determination and within five (5) working days, shall file the Notice of Determination with the State Clearinghouse and County Clerk. The Notice of Determination shall include those items specified in the State Guidelines § 15094 as follows:

1. Identification of the Project including any Project title used in the Draft Environmental Impact Report.

2. Location of the Project either by street address and cross street for urban areas, or by attaching a map as set forth in State Guidelines § 15085.

3. The State Clearing Housing identification number.

4. A brief description of the Project.

5. The City as the lead agency.

6. The date on which the City approved the Project.

7. The applicant’s name.

8. The determination of the lead agency whether the Project, as approved, will have a significant effect on the environment.

9. A statement that the Environmental Impact Report was prepared and certified pursuant to the provisions of CEQA.

10. Whether mitigation measures were made a condition of approval and whether a mitigation monitoring program was adopted.

11. Whether findings were made pursuant to State Guidelines §15091.

12. Whether a statement of overriding considerations was adopted.

13. The address where a copy of the Final Environmental Impact Report and record of Project approval may be examined.

203

15 14. If different from the applicant, the identity of the person undertaking the Project.

R. Time Frame for Certification. For Private Projects, the Final Environmental Impact Report shall be completed and certified by the City Council no later than one year from the date on which an application is accepted as complete by the City. The certification of the Final Environmental Impact Report may be extended by not more than ninety (90) days upon the consent of the Project applicant. Should the Project applicant unreasonably delay in providing information requested by the Staff, the time frame stated herein may be suspended for the length of the unreasonable delay.

SECTION 10 MITIGATION MONITORING AND REPORTING PROGRAM

A. Goals of Monitoring. The Mitigation Monitoring and Reporting Program shall provide the City with truthful information for the development and implementation of mitigation measures.

B. Projects Requiring Monitoring. A Mitigation Monitoring and Reporting Program is required for City approved projects, public and private, that include mitigation measures for changes in the Project required in order to mitigate or to avoid significant impacts on the environment. The Decision-Making Body shall, in the process of adopting a Mitigated Negative Declaration or Environmental Impact Report, adopt a Mitigation Monitoring and Reporting Program.

C. General Requirement. The Mitigation Monitoring and Reporting Program shall be specifically designed for each Project that falls under this requirement. The program shall be developed simultaneously with the Project.

D. Specific Requirements. The Mitigation Monitoring and Reporting Program shall contain:

1. A comprehensive listing of all mitigation measures contained in the Mitigated Negative Declaration or the Environmental Impact Report, which shall be clearly worded, detailed and specific.

2. The expected time frame for implementation of mitigation measures.

3. The frequency of monitoring, if required.

4. Individuals, departments or organizations assigned to do the monitoring and reporting.

5. Methods for verification, especially if complex issues are involved.

6. Penalties for non-compliance (withhold permits or certificates of occupancy).
204

16 7. A written record for reporting purposes.

E. Enforcement. Failure to comply with the monitoring program’s requirements shall result in sanctions which may include but are not limited to, stop work orders, fines, restitutions, withholding of permit issuance and refusal to issue certificates of use and occupancy.

SECTION 11 APPEALS

A. Appeals. - Any decision by the Director or City Planning Commission on a Negative Declaration, or Mitigated Negative Declaration, may be appealed as set forth in Title 23 of the Placentia Municipal Code. All actions of the City Council shall be final.

SECTION 12 AMENDMENTS TO THESE PROCEDURES

These Procedures may be administratively amended by the City Attorney’s Office of the City of Placentia without any further approval by the City Council, so as to conform to any changes in CEQA and/or the State Guidelines.

APPENDICES

Appendix A – Ministerially Exempt Projects
Appendix B – Additional Categorical Exempt Projects
205

17 APPENDIX A

MINISTERIALLY EXEMPT PROJECTS

IN THE CITY OF PLACENTIA

Pursuant to Sections 15022 and 15268 of the State Guidelines issuance/approval of the following permits in the City shall be conclusively presumed to be ministerially exempt from the requirements of the CEQA and thus preparation of an environmental document is not required. However, where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed discretionary and will be subject to the requirements of the CEQA.

Building and Related Permits:

1. Building and related permits, including driveways up to 300 feet (e.g., demolition, plumbing, electrical, solar panels, swimming pool).

2. Any permits for improvements to or rehabilitation of historic structures, as defined by the Secretary of Interior, are exempt only if the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings are met.

3. Any permits for a single-family residence, accessory dwelling unit, accessory structures, wall/fences or similar uses under the Placentia Municipal Code.

Grading and Related Earth Disturbing Permits:

4. A grading permit that meets the following criteria:

(a) Is not located in an environmentally sensitive area; (b) Involves grading for construction of a single-family residence; and, (c) Does not result in a new driveway over 300 feet in length.

5. A stockpiling/grading permit up to four feet in height.

6. Structural Erosion Control measures and Best Management Plan (BMPs) processed in accordance with the requirements of the National Pollution Discharge Elimination System (NPDES) program and the Placentia Municipal Code.

7. Revegetation plans.

Planning Permits:

8. Zone clearance application.

9. Short term rentals.

10. Home occupation permit.

11. Sign permit (including directional, identification, temporary off-site and /or agricultural signs, and comprehensive sign plans).

12. Telecommunication facility minor modification application.

13. Time Extension

206

18 Land Divisions:

14. Final subdivision maps.

15. A parcel map created pursuant to an Urban Lot Split.

16. Minor modifications and amendments to tentative tract and parcel maps.

17. Recorded map technical corrections.

18. Lot line adjustments involving four or fewer parcels, except when processed concurrently with a related application that is discretionary (e.g. variance, use permit).

19. Unconditional certificate of compliance.

20. Voluntary merger of parcels.

21. Record of survey map recording.

207

19 APPENDIX B

ADDITIONAL CATEGORICALLY EXEMPT PROJECTS

IN THE CITY OF PLACENTIA

In addition to the exemptions contained in the State Guidelines, pursuant to Sections 15022(a)(1)(C) and 15300.4 of the State Guidelines the City has found that the following types of projects typically do not have a significant effect on the environment and therefore qualify for a categorical exemption under the class of categorical exemptions listed below:

Class 1: Existing Facilities [State Guidelines §15301]

1. Existing roads, streets, highways, bicycle and pedestrian paths, and appurtenant facilities. Repair, maintenance, reconstruction, replacement and minor expansion including, but not limited to:

(a) Reconstructing, resurfacing and/or seal coating of the pavement; (b) Paving existing unpaved shoulders;
(c) Widening the paved roadway by less than 10 feet or adding up to 4-foot- wide unpaved shoulders;
(d) Adding short auxiliary lanes when required for localized purposes such as weaving, turning, lane changing or accelerating or decelerating; (e) Adding non-motorized trails and walkways parallel to the existing roadway to separate such non-motorized uses from motorized traffic; (f) Installing landscaping within road rights-of-way that involves minimal earth disturbing activities;
(g) Working on clear-span bridge structures, reconstructing existing stream crossings and making minor operational improvements to drainage facilities, provided that the construction of temporary stream bypasses is not involved;
(h) Modifying to improve existing roadside safety features such as curbs, pikes, headwalls, slopes and ditches within the right of way, adding or replacing devices such as fencing, guardrails, safety barriers, guideposts, and markers, or installing, removing, or modifying regulatory, warning, or informational signs;
(i) Adding, removing and/or replacing distinctive roadway, runway, or taxiway markings such as painted stripes, raised pavement markers thermoplastic, tape or raised bars; OR
(j) Abandoning dead-end roads when provisions for ongoing, long-term maintenance have been made or the road right-of-way has been returned to a natural state from a hydrologic standpoint.

2. Existing telecommunication facilities: Modification and renewal of the permits thereof.
208

20 3. Minor modifications to approved plans that do not require Planning Commission review.

4. Existing erosion control plans: Modification thereof when:

(a) The footprint of the area disturbed is not expanded; (b) The amount of sediment delivered from the site as calculated by a qualified professional is not increased; AND
(c) Groundwater use is not increased.

5. Tentative map revisions: Revisions to approved maps, including minor adjustments to access roads, that do not affect existing buildings.

6. Existing wells: Temporary cessation thereof or the lawful abandonment.

Class 3: New Construction or Conversion of Small Structures [State Guidelines §15303]

7. Construction and operation of small public/emergency service facilities, including public safety communication towers and power generators and buildings of less than 5,000 feet on less than 30% slopes involving less than 2,000 cubic yards of grading/excavation.

8. Wells: Installation and/or operation thereof pursuant to a groundwater permit when the amount of groundwater proposed to be used in total on the parcel is less than or equal to the amount of groundwater historically used (i.e., during the last 3 years).

Class 4: Minor Alterations to Land [State Guidelines §15304]

9. Park Facilities: Installation and operation of new or modification to existing park facilities that would disturb less than 5½ acres of land and have an average slope of 15% or less.

10. New access roads and driveways (longer than 300 feet and resulting in less than 2,000 cubic yards of grading) that would:

(a) Not disturb more than 2 acres of land;
(b) Not traverse slopes that are steeper than 29.9%; AND (c) Not discharge concentrated runoff within a stream setback area.

Class 5: Minor Alterations in Land Use Limitations [State Guidelines §15305]

11. Zone Changes and General Plan Amendments: Implementation of Zone Changes and General Plan Amendments that do not increase the maximum intensity of land use allowed.
209

21 12. Parcel mergers: Implementation of parcel mergers pursuant to the Subdivision Map Act.

13. Temporary public road closures: Closures for authorized temporary uses and special events.

14. Variances to standards for projects that are allowed by right under zoning.

15. Lot line adjustments involving four or fewer parcels, except when processed with a concurrent discretionary action.

210

Placentia City CouncilJuly 1, 2025

Placentia City Council
July 1, 2025