ORDINANCE NO. 23-1743
AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS
FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-05 FOR 13310 ROSECRANS AVENUE
WHEREAS, the City has received Zone Change No. 2022-05, a request by Touraj Kavandi on behalf of NFT Real Estate LLC (“Applicant”) to rezone 13310 Rosecrans Avenue (“Subject Site”); also known as Assessor’s Parcel Numbers (“APNs”) 8070-02- 001, -002, -003, -030, and -031 from Restricted Commercial (C-1) to Single Family Residential (R-1) to facilitate the development of the subject site with three (3) single- family residential homes (the “Project”); and
WHEREAS, General Plan Amendment (“GPA”) No. 2022-03 and Tentative Parcel Map (“TPM”) No. 2022-04 were received in conjunction with this request; and WHEREAS, Section 17.02.290.C of the Norwalk Municipal Code (NMC) requires the Planning Commission to hold a public hearing upon the initiation of a Zone Change; and
WHEREAS, Section 17.02.290.D of the NMC requires a recommendation of approval by the Planning Commission to City Council on Zone Change No. 2022-05; and WHEREAS, on September 13, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council approve Zone Change No. 2022-05; and
WHEREAS, State planning law requires consistency between Zoning and the General Plan; therefore zone change applications must be processed to have consistent land use designations with the General Plan Map; and
WHEREAS, an Initial Study (“IS”) and a Mitigated Negative Declaration (MND) and related Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project pursuant to the requirements of the California Environmental Quality Act (CEQA) which analyzes the potential environmental impacts of the project including Zone Change No. 2022-03; and
WHEREAS, all of the requirements of the Public Resources Code and State California Environmental Quality Act (CEQA) Guidelines have been satisfied by the City in connection with the preparation of the IS/MND, which is sufficiently detailed so that all of the potential environmental effects of the project have been adequately evaluated; and WHEREAS, the Notice of Intent to Adopt the IS/MND was posted and the public comment period began on July 10, 2023 and ended on July 31, 2023; and Ordinance No. 23-1743 Page 2 of 5
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WHEREAS, on October 17, 2023, the City Council held a duly noticed public hearing on this Ordinance and considered all oral and documentary evidence presented hereto, as well as all documents and information in the administrative record.
THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS
FOLLOWS:
Section 1.The City Council for the City of Norwalk finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.
Section 2.The proposed Zone Change is in compliance with the NMC and the Norwalk General Plan. It is consistent with General Plan objectives to promote a positive image for the City and provide for a diversity of housing types.
Section 3.The City Council has determined that the existing zoning designation must be revised to adequately address issues related to the current and future social, physical and economic environment in the City of Norwalk in order to create consistency with surrounding developments and general plan designation.
Section 4.The proposed Zone Change will be in the public interest since it will reflect current and contemplated land uses on the site and create consistency between the General Plan Map and Zoning Map.
Section 5.The City Council hereby approves Zone Change No. 2022-05 amending the Zoning Map as indicated in Exhibit “A”, which is incorporated herein by this reference.
Section 6.The City Council has independently reviewed and analyzed the information contained in the Final IS/MND and related MMRP prepared for the proposed Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the CEQA Guidelines, the Final IS/MND and related MMRP adequately address the expected environmental impacts of the proposed Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the proposed Project will have a significant impact on the environment.
Section 7.The City Council hereby approves the Final IS/MND and related MMRP for Zone Change No. 2022-05, and directs that a Notice of Determination be prepared and filed with the Clerk of the County of Los Angeles in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, including but not limited to: exhibits attached hereto, and any public testimony, written and oral, all of which are incorporated herein by this reference. The Final IS/MND is available for viewing at the City’s Community Development Department, Planning Division located at 12700 Norwalk Boulevard, Norwalk, CA 90650.
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Section 8. Severability. If any section, clause or phrase of this Ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
Section 9. Certification. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED, AND ADOPTED this ___ day of ______ 2023 ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
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EXHIBIT “A”
ZONE CHANGE NO. 2022-05
1) Change the Zoning Designation from Restricted Commercial (C-1) to Single Family Residential (R-1) zone for the property located at 13310 Rosecrans Avenue, also known as Assessor’s Parcel Numbers (“APNs”) 8070-02-001, - 002, -003, -030, and -031.
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