City Council Agenda Report
January 16, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Jill Ann Arabe, AICP, Development Services Manager
Andrew R. Arellano, Assistant Planner
SUBJECT: PUBLIC HEARING – RESOLUTION NO. 24-02 - APPEAL OF THE PLANNING COMMISSION’S DENIAL OF PRECISE DEVELOPMENT PLAN NO. 2023-02 AND CONDITIONAL USE PERMIT NO. 2023-05 – 11642 FIRESTONE BLVD Background:
The Planning Commission (PC) of the City of Norwalk reviewed Precise Development Plan (PDP) No. 2023-02 and Conditional Use Permit (CUP) No. 2023-05, at a duly noticed public hearing, on November 8, 2023, and adopted Resolution Nos. 23-33 and 23-34 to deny PDP No. 2023-02 and CUP No. 2023-05 with a 4-0 vote (with Chair Barragan absent). Findings for denial of the project include incompatibility with surrounding uses and the vision for the area, detrimental to public welfare of the community, and inconsistency with the General Plan for creating a positive image for Norwalk and providing a variety of goods and services along the Firestone Corridor.
On November 22, 2023, Andrew Miliotis on behalf of the property owner, Casa de Normandie South, LLC, submitted an appeal of the PC’s action (Attachment No. 3) stating the action taken by the PC is inconsistent with the General Plan, Zoning Code, the Heart of Norwalk Vision Plan, and the 6th Cycle Housing Element. Per Section 17.02.210.H (Appeal Procedure) of the Norwalk Municipal Code (NMC), the City Council has the authority to uphold, modify or reverse the PC’s decision. Therefore, the project is before the City Council for consideration and final action.
City Council January 16, 2024
Appeal of Planning Commission’s Denial of PDP No.
2023-02 and CUP No. 2023-05
Page No. 2
Discussion
In August 2023, the applicant submitted a request to demolish an existing commercial building and construct a new 3,511 square foot automated carwash facility with self-service vacuums at 11642 Firestone Blvd. (“subject property”). The subject property has a General Plan land use designation of General Commercial and zoning of General Commercial (C-3). It is located on the south side of Firestone Boulevard and the terminus of Woods Avenue (also known as Assessor’s Parcel Number “APN” 8048-007-002).
The 1.00-acre subject property is developed with a 10,040 square foot one-story, single tenant commercial building and bounded by commercial uses to the east and west, multifamily residential across Firestone Boulevard, and single family across the railroad to the south. The proposed express car wash facility would operate daily between the hours of 7:00 a.m. and 9:00 p.m. The community shared feedback and concerns during a community meeting on August 29, 2023, and PC public hearing on November 8, 2023. Concerns were in opposition of the project, including incompatibility of the use with the desired character of the City and the proliferation of similar uses in close proximity of the site. As part of the project, a traffic and acoustical analysis was submitted to demonstrate the project’s minimal impacts to traffic and compliance with the city’s noise ordinance.
The appellant asserts that the project should be approved because it is in compliance with the NMC, General Plan, Zoning Code, Heart of Norwalk Vision Plan, and 6th Cycle Housing Element, and that no detrimental impacts to the health and well-being of the community would result from the project.
Pursuant to Section 17.02.240.C and Section 17.02.210.A of the NMC, a PDP and CUP may be granted if the proposed project is consistent with the character of the community, is not detrimental to the public health, safety, and welfare, and does not adversely affect property values. The General Plan has objectives and policies to establish and encourage enhancement of a positive image for Norwalk and to provide local-serving commercial uses. Community members have expressed opposition of carwashes as the continued expansion of them conflicts with anticipated development for the Heart of Norwalk area and is not consistent with Norwalk’s vision. Diverse, active commercial uses that serve local residents are preferred and will complement existing and new housing per the Housing Element. The subject site is designated as a Housing Element opportunity site with a capacity of 29 units, including 20 low income and 9 moderate income. The Housing Element was certified by the California Department of Housing and Community Development (HCD) on November 21, 2023. The PC’s action to deny PDP No. 2023-02 and CUP No. 2023-05 was based on information submitted and raised during the public hearing including incompatibility of the use with the desired vision for the corridor, being detrimental to public welfare, adding to the number of carwashes in the area, and conflicts with attracting quality uses and encouraging responsible development for the community. 7 4
0 Pursuant to the California Environmental Quality Act (CEQA), this project is exempt pursuant to CEQA Guidelines 15303. The proposed project would involve the construction of a 3,511 sq. ft. car wash building and associated site improvements.
Fiscal Impact:
N/A
Citizens Advised:
Notice of this public hearing was published in The Norwalk Patriot on January 5, 2024, posted at the City’s three designated posting sites and City website, as well as mailed to 253 property owners within 1,000 feet of the property on January 4, 2024. As of the writing of this report, staff has received no public comments.
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 24-02, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION OF UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY PRECISE DEVELOPMENT PLAN NO. 2023-02 AND CONDITIONAL USE PERMIT NO. 2023-05.
Attachments:
1. Resolution No. 24-02
2. Location and Zoning Map
3. Appeal Letter
4. Planning Commission Agenda Report without attachments and Resolutions No. 23-33 and No. 23-34, dated November 8, 2023