ATTACHMENT 1
ORDINANCE NO. 23-1744
AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17
(ZONING) OF THE NORWALK MUNICIPAL CODE RELATED TO THE
REMOVAL OF THE AUTOMOBILE PARKING ZONE THROUGHOUT
THE CITY
WHEREAS, the City of Norwalk (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City adopts this Ordinance pursuant to the City’s general and police powers and property rights set forth under Government Code Sections 65850(a); and
WHEREAS, the City desires to amend Title 17 (Zoning) of the Norwalk Municipal Code (NMC) to effectively remove the Automobile Parking Zone (P Zone) designation throughout the City to promote standardized land use regulations in light of recent state- mandated laws eliminating parking buffer zones and parking requirements for certain developments; and
WHEREAS, the original purpose of the P Zone was to provide setbacks/buffers for non-compatible uses –unrelated to designated street parking areas in the City’s Public Right of Way, streets and highways; and whereby removal of the “P”-Zone designation is intended to support the economic growth of existing and proposed businesses, facilitate development and streamline the development process, and to simplify the list of permitted uses and zones; and
WHEREAS, the proposed removal of the P Zone designation throughout the City will minimize adverse effects on nearby property, promote standardized development, protect the public health, safety, and welfare of its residents; and WHEREAS, on October 11, 2023, the Planning Commission conducted a duly noticed public hearing to consider Zoning Text Amendment No. 2023-01, and where after careful review of the evidence in the matter, it adopted Resolution No. 23-28 recommending the City Council approve the proposed Zoning Text Amendment; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
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.
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Section 2. Purpose. The purpose and intent of this Ordinance is as follows:
1. To minimize the adverse effect on nearby property by establishing a clear code standard allowing for development in a responsible manner;
2. To promote standardized development requirements ushered in by state mandates which no longer require certain parking requirements for development projects, including, but not limited to those projects which increase housing availability;
3. To preserve and enhance the aesthetic appearance and natural beauty of the City;
4. To serve the public interest in safety, both pedestrian and traffic;
5. To safeguard and protect the public health, safety, and welfare through standardized zoning areas throughout the City;
6. To advance the goals, policies, and programs of the General Plan; and
7. To serve as a proactive approach towards economic development and expansion.
Section 3. Finding. 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. Finding. The proposed Zoning Text Amendment 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 Land Use Map and Zoning Map.
Section 5.Approvals. The City Council of the City of Norwalk hereby approves Zoning Text Amendment No. 2023-01 effectively removing the P Zone by amending Title 17 of the Norwalk Municipal Code as follows:
Section 6.The Designation for Chapter 17.08, Article I found in the table in Chapter 17.01, Section 17.01.070 Names of Zones – Zoning Symbols of the Norwalk Municipal Code is hereby amended to “Reserved” and the symbol is removed.
Section 7.The title of Section 17.03.150 is hereby amended to read “Reserved”.
Section 8.Section 17.03.150 is hereby deleted in its entirety and reserved for future use.
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Section 9.Subsection (C) of Section 17.04.015 is hereby added to read as follows:
“C. All commercial or industrial zoning abutting any residential zones such as R-1, R-2, R-3, R-H, and R-4 must provide a five (5) foot setback from the property line while maintaining a height limit of thirty-five (35) feet.
For purposes of this section if any structure is to exceed thirty-five (35) feet in height while abutting a residential property it is subject to review and approval of a Conditional Use Permit to adjust setbacks to appropriately match the newly permitted height.”
Section 10.Chapter 17.08, Article I. is deleted in its entirety and designated as reserved for future use.
Section 11.Environmental. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to “common sense” exception set forth in Section 15061(b)(3) of the California Code of Regulations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 12. 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 13. Certification. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law.
PASSED, APPROVED, AND ADOPTED this _____ day of ________ 2023. ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK