ATTACHMENT 1
ORDINANCE NO. 23-1746
AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17
(ZONING) OF THE NORWALK MUNICIPAL CODE AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR TO INITIATE AND MAKE
DECISIONS ON PRECISE DEVELOPMENT PLAN APPLICATIONS
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) authorizing the City’s Director of Community Development (“Director”) to initiate review and approve applications for Precise Development Plans (PDP), and/or in his or her discretion, refer decisions for PDP to the Planning Commission of the City of Norwalk (“Planning Commission”), Zoning Text Amendment (ZTA) No. 2023-02; and WHEREAS, the purpose of the amendment to Title 17 (Zoning) is to stream line the PDP approval process by authorizing the Director of Community Development to make final decisions and/or refer Planning Commission review of Precise Development Plans; and
WHEREAS, the contemplated amendment to Title 17 (Zoning) will minimize burdensome requirements related to the PDP process, which at present requires that an applicant must attend a Planning Commission hearing; and WHEREAS, on October 11, 2023, the Planning Commission conducted a duly noticed public hearing to consider ZTA No. 2023-02, and where after careful review of the evidence in the matter, it adopted Resolution No. 23-30 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.
Section 2. Purpose. The purpose and intent of this Ordinance is as follows:
1. To minimize the adverse effect on nearby property by encouraging rapid plan review.
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2. Establish a clear and concise list of Administrative Approvals.
3. Expedite the approval process by reducing the amount of Planning Commission hearings for Precise Development Plans unless determined by the Director.
4. To continue to safeguard and protect the public health, safety, and welfare through standardized zoning areas throughout the City; and
5. To advance the goals, policies, and programs of the General Plan.
Section 3. Findings. The proposed Zoning Text Amendment will be in the public interest since it will expedite new developments while reflecting current and contemplated land uses for the future and create consistency between the General Plan Map and Zoning Map.
Section 4.Approvals. The City Council of the City of Norwalk hereby approves Zoning Text Amendment No. 2023-02 as shown in Exhibit “A” attached hereto and incorporated by reference herein, effectively authorizing the Director to initiate and make final decisions on PDP, and/or in his/her discretion, refer such decisions to the Planning Commission.
Section 5.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 6. 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 7. 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 28th day of November 2023 ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
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EXHIBIT “A”
ORDINANCE NO. 23-1746
TITLE 17 ZONING
Chapter 17.02 APPROVAL PROCEDURES
Article I. Procedure, Hearing, Notices
SECTIONS ARE AMENDED AND READ AS FOLLOWS:
“17.02.105 Review authority table.
The Review Authority Table in this section is amended to:
a. remove the following entry found under the Types of Applications Precise
Development
Plans
- - Decision Appeal
b. add the following entry found under Administrative Applications:
Precise
Development
Plans
- Decision Appeal Appeal
Article IV Administrative Approvals and Permits
Section 17.02.205 Precise development plans is added to read as follows:
A. Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.
In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and Ordinance No. 23-1746 Page 4 of 8
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general welfare. No provision of this chapter is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.
B. Applicability. The Community Development Director (Director) shall review applications in accordance with 17.02.105 Review Authority Table, as well as the following development and use applications:
1. The erection or construction of a building; or
2. The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.
C. General Procedures. The Director shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant. No application shall be accepted for filing unless it complies with the requirements set forth.
1. Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans and/or any other data found to be reasonably required, and shall include the following:
a. The size, shape, height, orientation and location of all existing and proposed buildings; floor plans; the type and color of exterior materials proposed; b. The size, spacing and location of all doors, windows and other openings; c. The type and pitch of roofs, towers, chimneys and other roof or architectural structures;
d. The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;
e. The location and type of lighting for buildings, grounds and parking areas; f. The location, height, and materials to be used in construction of walls and fences; g. The landscaping and irrigation plan proposed;
h. Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.
2. Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:
a. The Director may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of Ordinance No. 23-1746 Page 5 of 8
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development is such as may necessitate significant revisions and that preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this chapter.
b. In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.
3. Any precise development plan located within the PF zone shall be reviewed by the Community Development Director.
D. Standards and Review Criteria.
1. The Community Development Director may at his or her discretion refer any request to the Planning Commission for review. The Community Development Director shall determine whether the proposed development is in compliance with regulations of this code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.
2. The Director, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:
The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.
3. The Director may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to insure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community.
E. Decision, Transmittal, Appeal.
1. The Director shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the Planning Commission and applicant.
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2. The decision of the Director shall become final and effective ten (10) calendar days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
a. A written appeal has been filed with the Community Development Department by an applicant or by a person specially aggrieved, and accompanied by the payment of a fee per any applicable fee resolution adopted by City Council; or
b. The Planning Commission elects to review the decision of the Director.
3. The decision of the Planning Commission may be appealed to the City Council within ten (10) calendar days after the date that notice of the decision is mailed to the applicant. Notice of the appeal, and of the appeal hearing before the City Council, shall be pursuant to the hearing and noticing requirements contained in Sections
17.02.050.A.4 and 17.02.090.F.
F. Compliance.
1. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefore, shall become null and void.
2. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan. (Ord. 21- 1722 § 2; Ord. 20-1720 § 2; prior code §§ 27-30.1—27-30.5) Article V. Discretionary Approvals and Permits
Section 17.02.240 is deleted in its entirety and Reserved for future use.
Chapter 17.05 RESIDENTIAL ZONES
Article I. R-1 Zone, Single-Family Residential Zone
Section 17.05.010 Permitted Uses, amends only the Section referenced in the paragraph as follows:
Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.
Article II. R-2 Zone, Multi-Family Medium Density Residential Zone Section 17.05.100 Permitted Uses, amends only the Section referenced in the paragraph as follows:
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Replace the reference to Section 17.02.240 in the paragraph with Section
17.02.205.
Article III. R-3 Zone, Multi-Family High Density Residential Zone Section 17.05.200 Permitted Uses, amends only the Section referenced in the paragraph as follows:
Replace the reference to Section 17.02.240 in the paragraph with Section
17.02.205.
Article IV. R-H Zone, Residential Horse Property Zone
Section 17.05.310 Permitted Uses, amends only the Section referenced in the paragraph as follows:
Replace the reference to Section 17.02.240 in the paragraph with Section
17.02.205.
Chapter 17.08 SPECIAL PURPOSE ZONES
Article III. O-S Zone, Open-Space Zone
Section 17.08.100 Permitted Uses, amends only the Section referenced in the paragraph as follows:
Replace the reference to Section 17.02.240 in the paragraph with Section
17.02.205.
Article IV. I Zone, Institutional Zone
Section 17.05.100 Permitted Uses, amends only the Section referenced in the paragraph as follows:
Replace the reference to Section 17.02.240 in the paragraph with Section
17.02.205.
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Chapter 17.09 SPECIFIC PLAN AREAS
Article I. Specific Plan Area No. 1
Section 17.09.100 Use Approvals, Sub Sections (A), (A1), and (A2) are hereby amended as follows:
A. No category of use shall be established and no building shall be constructed in specific plan area No. 1 except upon the issuance, existence, and validity of a conditional use permit as provided for in Section 17.02.210 of the Norwalk Municipal Code and upon review and approval of a precise development plan as provided for in Section 17.02.205 of the Code. The criteria for approval shall include the following:
1. The general requirements for a conditional use permit as set forth in Section 17.02.210 are satisfied;
2. The general requirements for a precise development plan as set forth in Section 17.02.205 are satisfied;
Article XIV. Specific Plan Area No.14
17.09.1790 Precise Development Plan Review and Approval, and Sub Section (A), are hereby amended as follows:
No category of use shall be established and no building shall be constructed in specific plan area No. 14 except upon the review and approval of a precise development plan as provided for in Section 17.02.205 of the Code. The criteria for approval shall include the following:
A. The general requirements for a precise development plan as set forth in Section 17.02.205 are satisfied.”