Agenda packet — Norwalk City Council, July 16, 2024 (part 2 of 2)

greenhouse gas (“GHG”) emissions, and induced demand for affordable housing that has gone entirely unanalyzed here. Nor has the City considered a myriad of feasible mitigation measures to reduce these impacts. Third, we question why the City is only providing more flexibility for commercial uses and not residential uses (such as affordable units) and not considering adding a hotel-specific Development Agreement (“DA”) requirement for any future hotel to ensure maximum public benefits and mitigate community impacts by hotel projects (as done in other nearby cities).

For these reasons, the proposed ZTA fails to qualify for a Common-Sense exemption under CEQA. The ZTA is clearly in furtherance of a specific hotel project known to City staff, which the 4- page Staff Report fails to mention, much less provide any CEQA analysis, or indicate any special circumstance warranting a special meeting of the Planning Commission. It seems that the proposed ZTA is an attempt to fast-track a key legislative approval (i.e., SPA 1 amendment) without adequate CEQA review or public scrutiny. Local 11 respectfully requests that the Planning Commission deny the entire action until the issues discussed below are adequately addressed, including the submission of all
entitlements requested for the 121-room hotel in a CEQA-compliant analysis.

1. THE STAFF REPORT FAILS TO CONSIDER THE PROPOSED SPA 1 AMENDMENT AS A PROJECT-SPECIFIC ENTITLEMENT IN FURTHERANCE OF A 121-ROOM HOTEL PROJECT KNOWN TO THE CITY.

The City is well aware that a proposed 121-room Holiday Inn is seeking a new digital billboard pending resubmittal within the SPA 1 area, which is referenced as cumulative project number 4 in the City’s February 2024 Draft Environmental Review (“DEIR”) for the Norwalk Transit Village located east of the site (bounded in yellow). (See Fig. 1 DEIR excerpts below.)

Figure 1: Norwalk Transit Village DEIR,6 PDF pp. 74-75 (Tbl. 4-1, Exh. 4-1)

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6 Norwalk Transit Village DEIR (Feb. 2024), https://files.ceqanet.opr.ca.gov/279991-2/attachment/NDlxM-P- ejipeBvxluqEOY-OmO_6UTCJn8fkSm WbrleNXk82ZyDbweh_XmmkXiKQAJDNILY2HuMJ55Mc0 .

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 3 of 7 ends

It seems clear that the proposed ZTA and SPA 1 amendment is project-driven, given that it explicitly adds new language that allows additional hotel and billboard uses within the Commercial and “Parking/Utility” areas. (See Fig. 2 ZTA excerpts below.) The Staff Report fails to mention, much less provide any information about this proposed 121-room hotel pending resubmittal explanation of why the City is allowing Holiday Inn to avoid submission of a project-specific SPA 1 amendment along with its other entitlements. Under CEQA, this may amount to an inaccurate project description and lead to improper project piecemealing, whereby the full impacts of a development are masked by chopping up the overall project into smaller development projects.7

Figure 2: Staff Report ATT-A,8 pp. 7-9 (ZTA added language shown in bold underline)

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7 A project’s CEQA review must assess “the whole of an action” to ensure that all of the project’s environmental impacts are considered. (CEQA Guidelines § 15378; see also Santee v. County of San Diego (1989) 214 Cal.App.3d 1438, 1454; San Joaquin Raptor/Wildlife Rescue Center v. Cnty. of Stanislaus (1994) 27 Cal.App.4th 713, 730 [held use of “truncated project concept” violated CEQA where EIR was otherwise].) 8 Staff Report, ATT-A, https://norwalk.primegov.com/api/compilemeetingattachmenthistory/ historyattachment/?historyId= d1235780-9a4d-41cf-94c0-fe1cd072a42a.

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 4 of 7 ends

2. THE COMMON-SENSE EXEMPTION IS IMPROPER BECAUSE THE ORIGINAL SPA NEVER CONTEMPLATED

TWO HOTELS IN THE AREA

Here, SPA 1 was adopted nearly 40 years ago in 1987. (Staff Report, p. 2.) The Staff Report does not mention what level of CEQA review was conducted back then, much less attach the underlying review to determine whether the proposed ZTA, which (as discussed above) would allow two hotels (in lieu of only one hotel) and a variety of new uses (e.g., entertainment venues, small amphitheaters, entertainment events, museums, outdoor events, restaurants, lounges and clubs, etc.). (Id., at pp. 2-3; Staff Report, ATT-A, pp. 9-10; Fig. 2 above [showing some of the proposed revised NMC §17.09.110.3].) These changes are significant for a variety of reasons.

First, the SPA area already has an 8-floor, 172-room Double Tree hotel built in 1984 located at 13111 Sycamore Drive (according to various reports).9 (See Fig. 3 Google Map image below.) It would seem that the SPA 1, adopted three years after this Double Tree hotel was built, clearly did not anticipate more than the one existing hotel within the SPA 1 area. As proposed, the ZTA would allow another hotel, such as the 121-room Holiday Inn with a digital billboard proposed at the same address as the Double Tree (likely to the south of the existing hotel within the “Parking/Utility Area” reverenced above in Figure 2). (See also Fig. 4 NMC excerpt below.) Thus, it is unlikely that the SPA 1 CEQA review covered this new 121-room hotel project.

Figure 3: Google Map Image

Figure 4: NMC § 17.09.010

9 See Travel Weekly, https://www.travelweekly.com/Hotels/Norwalk-CA/DoubleTree-by-Hilton-Los- Angeles-Norwalk-p3714248; Business Traveler News, https://www.businesstravelnews.com/Hotels/ Norwalk-CA/DoubleTree-by-Hilton-Los-Angeles-Norwalk-p3282373.

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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Second, it is reasonable to assume that a 121-room will have air and noise impacts due to construction, which may impact sensitive uses like the residents on the other side of Sycamore Drive. (See Figs. 3 & 4 above.) Additionally, the hotel will increase VMTs and mobile emissions from hotel patrons and employees traveling to the SPA 1 area, which affects air quality and GHGs, as well as induce greater demand for housing (particularly affordable housing) by those employees working at the hotel that may affect the City’s jobs-housing balance. These are common issues that are subject to in-depth CEQA analysis, as evidenced by the City’s Norwalk Transit Village, which anticipated a 150-key hotel.10 None of this type of analysis is provided in the Staff Report.

Third, the proposed new uses (e.g., entertainment venues, small amphitheaters, entertainment events, museums, outdoor events, etc.) are often considered regional-serving development that, unlike local serving retail uses, typically leads to longer trips and greater VMTs that warrant consideration according to numerous public agencies, like the Office of Planning and Research (“OPR”).11 These VMTs and associated mobile emissions affect air quality and GHGs, which have not been analyzed or considered in the Staff Report.

Fourth, since SPA 1 was adopted in 1987, significant changes have been made to how developments are analyzed and mitigated, particularly as they relate to impacts on VMTs and GHGs—even for the City.12 Additionally, numerous public agencies have recommended mitigation measures to reduce VMTs and their associated mobile emissions, such as those measures recommended by the Southern California Association of Governments (“SCAG”), the California Air Pollution Control Officers Association (“CAPCOA”), the Governor’s Office of Planning and Research (“OPR”), and the California Air Resources Board (“CARB”).13 The City should consider new

10 See Norwalk Transit Village DEIR, supra fn. 7, PDF pp. 11-12, 38, 54-58, 245, 331, 345, 368, 381; see also DEIR, APP-11.6 Traffic and VMT Analysis, PDF pp. 28 (150-room hotel generating 1202 average daily trips), https://files.ceqanet.opr.ca.gov/279991-2/attachment/a61xwc0Zc20Az_Y6P9NFviyIvLs_RONS- MJ4ksjhojKYPBxaZ2Ucnc7PCx5TIebfs2X2KkbUrSfKHsgK0; DEIR APP-11.7 Air Quality/GHG/Emissions/Energy Data, PDF pp. 87 (noting hotel component generating 1.6 million annual VMTs), https://files.ceqanet.opr.ca.gov/279991-2/attachment/z6-pt1hEAx- LzTE1SUSGGuhwCMGRSo229IMGZ6WimX3jM77otRqOAi2f-fcJOtXl0Q1L0FPJeIUi8sLV0. 11 See e.g., OPR (Dec. 2018) Technical Advisory, pp. 16-18, https://opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf; LADOT (Aug. 2022) Transportation Assessment Guidelines, pp. 2-8 – 2-12 (event centers and regional-serving entertainment venues often attract regional trips and hotel should consider VMTs from both employees and patrons), https://ladot.lacity.gov/sites/default/files/ documents/ 2020-transportation-assessment-guidelines_final_2020.07.27_0.pdf; County of Santa Barabra (Jun. 2022) VMT Tool, p. 3 (Evaluate VMT impacts of regional-serving retail projects, entertainment projects, or event Centers), https://content.civicplus.com/api/assets/86c95216-2689-4392-ba76-424a51bedf06; San Francisco, VMT Memo, PDF pp. 10, 16 (hotels and large event centers (e.g., museums, sports arenas, or public parking garage) have atypical trip generation), https://default.sfplanning.org/publications_reports/ TIA_ Guidelines_VMT_Memo.pdf; LA County VMT Guidelines, PDF p. 9 (analyzing regional serving retail projects), https://pw.lacounty.gov/traffic/docs/Transportation-Impact-Analysis-Guidelines-July-2020-v1.1.pdf. 12 See e.g., Norwalk Transit Village DEIR, supra fn. 7, PDF pp. 104-105, 216, 221-225, 271-276 (noting various GHG and traffic demand management strategies).
13 See e.g., CAPCOA (Dec. 2021) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, pp. 31-32, 73, 76, 80-96, https:// www.airquality.org/ClimateChange/Documents/Final%20Handbook_AB434.pdf; CAPCOA (Aug. 2010) Quantifying GHGs and Mitigation, pp. 64-74, https://www.contracosta.ca.gov/DocumentCenter/ View/34123/CAPCOA-2010-GHG-Quantification-PDF; OPR (Dec. 2018) Technical Advisory, pp. 27, https:// opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf; SCAG (Dec. 2019) Final Program EIR, pp. 2.0-18 –

2.0-71 (see project-level mitigation measures for air quality, GHG, and transportation impacts), Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 6 of 7 ends

measures/strategies to ensure project impacts are minimized, such as requiring LEED certification or meeting Tier 2 CalGreen standards, implementing robust traffic demand management (“TDM”) measures in a mandatory commuter reduction program, incorporating solar panels and green roofs, as well as maximizing the use of native trees throughout the Site. These are but a few of the measures that have been left off the table because the City has not conducted any CEQA review for the proposed ZTA.

In sum, there is substantial evidence that the proposed ZTA may have a significant effect on the environment (e.g., noise, air quality, VMTs, GHGs, jobs/housing balance, etc.), and thus, the City has failed to meet its high burden of demonstrating the Common-Sense exemption applies. (CEQA Guidelines § 15061(b)(3).14)

3. WHY IS THE CITY NOT CONSIDERING ADDITIONAL USES—LIKE HOUSING—OR GREATER PROTECTIONS AROUND HOTEL DEVELOPMENTS –LIKE A HOTEL-SPECIFIC DA REQUIREMENT

Currently, the SPA 1 allows “residential condominiums” in some areas of the SPA 1. (NMC §

17.09.090; see also Fig. 4 above.) While the ZTA increases flexibility for commercial uses (e.g., hotel, retail, entertainment), it does not allow any increased flexibility for residential uses, like allowing housing throughout the plan area maximizing affordable housing. Under the City’s recently adopted 2021-2029 Housing Element (“Housing Element”),15 the City has a Regional Housing Needs Allocation (“RHNA”) of approximately 5,000 units, with roughly 60 percent of the units needing to be affordable at moderate-income levels or lower. (See Housing Element, p. 175.) In light of the high need for housing (particularly affordable), it seems that the City should reconsider the best and highest use of the Site—such as a mixed-use housing development. Furthermore, the City should consider more protections over hotels, not fewer protections than those minimal limits adopted nearly 40 years ago. To address impacts caused by any future hotel project and ensure maximum public benefits, the City should consider making hotel use contingent on entering into a hotel- specific Development Agreement (“DA”) pursuant to Gov. Code § 65865 et. seq., as done by other cities or disallowing hotel use in this area.16

In conclusion, the proposed ZTA is a project-specific SPA amendment that does not qualify for a Common-Sense exemption under CEQA. Local 11 respectfully requests that the Planning Commission deny the entire action until the issues discussed above are adequately addressed, including submission of all entitlement requested for the 121-room hotel in a CEQA-compliant analysis.

/ / /

https://scag.ca.gov/sites/main/files/file-attachments/fpeir_connectsocal_complete.pdf?1607981618; SCAG (Apr. 2024), pp. A-7 – A-48, https://scag.ca.gov/sites/main/files/file-attachments/exhibit_a_mmrp_ 508_final.pdf?1712003625; CARB 2022 Scoping Plan, 4, 7, 24, 29 & Appendix D, pp. 23, https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2022-scoping-plan-docu ments; CARB’s 2017 Scoping Plan, Appendix B-Local Action, pp. 1-8, 7-9 & Appendix D, p. 2, https://www .arb.ca.gov/cc/scopingplan/app_b_local_action_final.pdf. 14 Supra fn. 3 & 4.
15 City (Nov. 2023) Housing Element,
https://www.norwalk.org/home/showpublisheddocument/28854/638361838696770000. 16 See e.g., Buena Park Entertainment Corridor Specific Plan, PDF pp. 35-39, https://cms7files1.revize.com/buenaparkca/Document_center/City%20Departments/Community%20devel opment/Planning%20Division/Codes,%20Ordinances,%20and%20Guidelines/ECSPupdated2019.pdf.

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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Local 11 reserves the right to supplement these comments at future hearings and proceedings for this Project. (See Galante Vineyards v. Monterey Peninsula Water Management Dist. (1997) 60 Cal.App.4th 1109, 1120 [CEQA litigation not limited only to claims made during EIR comment period].) To the extent not already on the notice list, please place this office on the notification list for all notices of CEQA actions and any approvals, Project CEQA determinations, or public hearings to be held on the Project under state or local law requiring local agencies to mail such notices to any person who has filed a written request for them. (See e.g., Pub. Res. Code §§ 21092.2, 21167(f) and Gov. Code § 65092.) Please send notice by electronic and regular mail to Jordan R. Sisson, Esq.

Thank you for consideration of these comments. We ask that this letter is placed in the administrative record for the Project.

Sincerely,

__________________________________________________
Jordan R. Sisson
Attorney for UNITE HERE Local 11
City Council Agenda Report
July 16, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Alex Hamilton, Interim Community Development Director Sophia Tatlyan, Consulting Senior Planner
SUBJECT: ORDINANCE NO. 24-1748 - ZONING TEXT AMENDMENT NO. 2024-02 TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL

CODE AS IT RELATES TO SPECIAL SIGN DISTRICTS
Background:

A Special Sign District is an overlay containing multiple parcels reasonably grouped together that would allow for the approval of a freestanding sign. Freestanding signs are desirable to the City of Norwalk (“City”) as they provide opportunities to enhance the urban aesthetics and promote effective communication through controlled and cohesive signage.

City staff-initiated proposal, Zoning Text Amendment (ZTA) No. 2024-02, establishes a city-wide review process and regulatory framework for the creation of a Special Sign District. This item will be considered concurrently with Zone Change No. 2024-01 and Zone Text Amendment No. 2024-03, a request to approve the Special Sign District No. 1 (SD 1) overlay and SD 1 development standards.

On June 26th, 2024, the Planning Commission recommended that City Council approve ZTA No. 2024-02 and adopt Ordinance No. 24-1748 by a vote of 4-0. There were some in attendance stating concerns about this action. An email and a letter from Jordon R. Sisson, Esq., an attorney for Unite Here Local 11, were submitted to the record.

In summary their concerns were as follows:

1. Adequacy of CEQA reviewed for the action.

2. Concern that this action will allow for more projects, i.e. digital billboard signs, other accessory signs, etc.

Staff rebutted points raised by the opposition as follows:

City Council July 16, 2024
Ordinance No. 24-1748 - Zone Text Amendment No. 2024-02 to amend various sections of Title 17 Of The Norwalk Municipal Code as it relates to Special Sign Districts
Page No. 2
9 3
9 The proposed request is to establish the regulatory framework to create a Special Sign District for the purpose of providing more opportunities for creative and effective marketing with on- premise freestanding signs. Staff confirmed the request is not in conjunction with any active application to construct a second hotel in SP 1, a billboard or freestanding sign. Any future submittal to develop a second hotel would require approval by the Planning Commission with a Conditional Use Permit, and any future submittal to construct an on-premise or off-premise freestanding sign would require approval by the Planning Commission with a Sign Use Permit.

In either scenario, all the requests mentioned are discretionary applications and subject to an environmental review and California Environmental Quality Act (CEQA) determination at the time of their submittal.

Discussion:

The request consists of ZTA No. 2024-02 to amend Title 17 (Zoning), Chapter 17.02 (Approval Procedures), Article I (Procedure, Hearing, Notices) and Article V (Discretionary Approvals And Permits) of the Norwalk Municipal Code (NMC) to establish the review process to create a Special Sign District. The proposed will establish minimum site requirements, conditions, appropriate zoning, types of uses and a review process to create a Special Sign District.

Pursuant to the CEQA, this project is exempt pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of the California Public Code, for the construction or replacement of minor accessory structures including on-premise signs. The project will not involve any construction nor have a significant effect on the environment.

Fiscal Impact:

N/A
Citizens Advised:

The public hearing notice was posted at the City’s three designated posting places and posted online. On July 5th, 2024, the notice was also published in The Norwalk Patriot. Social media accounts also promoted notification of the project for the hearing. As of the writing of this report, staff have not received any new public comments.

Strategic Plan 2023 Implementation:

The recommended actions will further the City’s Strategic Plan Goals 2 and 3 to work in partnership with our community to achieve safe and livable neighborhoods and to create and sustain a resilient and economically prosperous City.

Staff recommends City Council introduce by title only Ordinance No. 24-1748, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING), CHAPTER 17.02 (APPROVAL PROCEDURES), ARTICLE I (PROCEDURES, HEARING,

NOTICES) AND ARTICLE V (DISCRETIONARY APPROVAL AND PERMITS) OF THE

NORWALK MUNICIPAL CODE ALLOWING FOR THE CREATION OF SPECIAL SIGN DISTRICTS, and schedule for adoption.

Attachments:

1. Ordinance No. 24-1748

2. Planning Commission Staff Report dated June 26, 2024 (without attachments)

3. Email and Letter of opposition received on June 26, 2024

4. Redlined Draft Ordinance
Attachment No. 1
ORDINANCE NO. 24-1748

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING), CHAPTER 17.02 (APPROVAL

PROCEDURES), ARTICLE I (PROCEDURES, HEARING, NOTICES)

AND ARTICLE V (DISCRETIONARY APPROVAL AND PERMITS) OF

THE NORWALK MUNICIPAL CODE ALLOWING FOR THE CREATION

OF SPECIAL SIGN DISTRICTS
WHEREAS, pursuant to California Constitution Article XI, Section 7, the City of Norwalk (the “City”) has the authority to enact local planning and land use regulations to protect the public health, safety and welfare of their residents through its police power; and
WHEREAS, the City police powers provides the right to adopt and enforce zoning and other regulations; and
WHEREAS, the City’s Planning Division staff initiated Zoning Text Amendment (ZTA) No. 2024-02 to amend Title 17 (“Zoning”) Chapter 17.02 (Approval Procedures), Article I (Procedure, Hearing, Notices) and (Article V (Discretionary Approval and Permits) of the Norwalk Municipal Code (NMC); and
WHEREAS, the purpose of the proposed ZTA is to establish a review and approval procedure for the creation of a Special Sign District for parcels that may be reasonably grouped together in Specific Plan (SPA) 1, SPA 16, mixed-use, commercial, institutional and public facility overlay zones; and
WHEREAS, on June 26, 2024, the Planning Commission adopted a resolution making its findings of facts and recommending the City Council approve ZTA No. 2024- 02; and
WHEREAS, public hearing notices were placed in a local newspaper in accordance with the NMC, and all interested persons were given full opportunity to be heard and present evidence; and
WHEREAS, evidence, both written and oral, was duly presented to and considered by the City Council at a duly noticed public hearing on July 16, 2024 to consider the proposed text amendment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS FOLLOWS:

Section 1.The City Council finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.

Ordinance No. 24-1748 Page 2 of 4
3 4
8 7
Section 2. Purpose. The purpose and intent of this Ordinance is as follows:

1. Establish a review process allowing for the creation of Special Sign Districts.

2. Provide the opportunity for multiple properties reasonably grouped together to form a Special Sign District and to develop design standards to construct an on-premise freestanding sign, to improve coordinated signage and enhance economic vitality.

3. To advance the goals, policies, and programs of the General Plan.

Section 3. Finding. The City Council has determined that the proposed ZTA adequately addresses issues related to the current and future social, physical and economic environment in the City in order to create consistency with surrounding developments and general plan designation(s).

Section 4. Finding. The proposed ZTA 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. Approvals. The City Council hereby approves ZTA No. 2024-02 as shown in Exhibit “A” attached hereto and incorporated by reference herein, establishing the review process to create a Special Sign District.

Section 6. Environmental. This Ordinance is exempt by the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of the California Code of Regulations, for the construction or replacement of minor accessory structures including on- premise signs.

Section 7. 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 and invalid.

Section 8. Certification. The ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

Ordinance No. 24-1748 Page 3 of 4
3 4
8 7
PASSED, APPROVED AND ADOPTED this ______day of ___________ 2024. __________________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
_____________________________________

THERESA DEVOY, CMC

CITY CLERK
Ordinance No. 24-1748 Page 4 of 4
3 4
8 7
Exhibit “A”
Title 17, Chapter 17.02
“§17.02.105 Review Authority Table in this section is amended to add:

Review Authority Table
Types of Applications Planning Staff Director Planning Commission City Council Special sign district - - Recommend Decision
§17.02.255 Special Sign District is added to §17.02, Article V to read as follows:

A. Purpose. This Subsection sets forth regulations for the establishment of Special Sign Districts in areas of the City containing multiple parcels that may be reasonably grouped, the unique characteristics of which can be enhanced by the imposition of special sign guidelines and standards designed to enhance the theme or unique qualities of a certain area, or which reinforce the identity of certain areas of the City to promote business and strengthen the City’s tax base and to implement the General Plan.

B. Establishment of Special Sign Districts. The City Council, the Planning Commission or the Community Development Director may initiate consideration of a proposed Ordinance to establish a Special Sign District as set forth in Section 17.02.290 (Zone Changes) of this Title. Special Sign Districts shall be considered an overlay zone to modify the underlying zoning district with regards to signage regulations, specifically with regards to freestanding signs.

C. General requirements. All signs displayed in a Special Sign District shall comply with the provisions of this Chapter, except as set for this in this Subsection.

E. Minimum requirements:

1. Zoning. Shall only include parcels in Specific Plan Area 1, Specific Plan Area 16, mixed-use, commercial, institutional and public facility overlay zoning districts. Shall not include parcels in residential zoning districts.

2. Land area. The minimum area shall be five (5) acres.

3. Land configuration. Shall include contiguous parcels of land, which may only be separated by a railroad or public street.

4. Anchor business/tenant. The Special Sign District shall be one (1) or more of the following uses: vehicle sales and lease (general new and used), hotels and motels (with 100 and more rooms) or a retail tenant (with a minimum area of 10,000 square feet).

5. Development standards. All development standards shall be determined at the time the Special Sign District is established and incorporated within the Special Sign District’s Ordinance.”
Attachment No. 2

Planning Commission
Agenda Report
June 26, 2024

TO: Planning Commission

FROM: John P. Ramirez, AICP, Director of Community Development

BY: Sophia Tatlyan, Consulting Senior Planner

SUBJECT: Zoning Text Amendment (ZTA) No. 2024-02, to amend Title 17 (Zoning), Chapter

17.02, (Approval Procedures) Article I (Procedure, Hearing, Notices) and Article V (Discretionary Approvals and Permits) of the Norwalk Municipal Code (NMC) to establish a review process to create a Special Sign District . Environmental:

Consider and find this project to be exempt from CEQA pursuant to Section 15061(b)(3) under the “Common Sense Exemption”.

RECOMMENDATION
That the Planning Commission:

1. Adopt Resolution No. 24- 03 to recommend approval to City Council for Zoning Text Amendment 2024-02; and

2. Consider and find that the project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of the California Code of Regulations , for the construction or replacement of minor accessory structures including on-premise signs.

AUTHORITY

Section 65855 of the California Government Code states that the Planning Commission shall make a written recommendation on the adoption or amendment of the Zoning Ordinance.

Norwalk Planning Commission Page 2
Zoning Text Amendment No. 2024-02 June 26, 2024

Section 17.02.260.D of the NMC stipulates that the Planning Commission render its recommendation on a Zoning Text Amendment, including the reasons for the recommendation, to the City Council.

INTRODUCTION/BACKGROUND

A Special Sign District is an effective Planning tool and serves as an overlay containing multiple parcels reasonably grouped together that would allow for the approval of a freestanding sign. Freestanding signs are desirable to the City of Norwalk (“City”) as they provide opportunities to enhance the urban aesthetics and promote effective communication through controlled and cohesive signage and to provide a reasonable and effective means of business promotion in areas where unique constraints in the built or natural environment exist.

PROJECT DESCRIPTION

City staff- initiated proposal, ZTA No. 2024 -02, establishes a review process for the creation of a Special Sign District. A Special Sign District must include multiple parcels reasonably grouped together. Development standards for the sign(s) shall be incorporated within the Special Sign District ’s Ordinance. The proposal requires the following minimum requirements:

· Shall only include parcels within Specific Plan Area (SPA) 1, SPA 16, mixed -use, commercial, institutional and public facility overlay zone districts;

· Minimum combined land area shall be five (5) acres;

· Parcels shall be contiguous (but may be separated by a railroad or public street); and

· Existing Uses shall include one (1) or more of the following: vehicle sales and lease (general new and used), hotels and motels (with 100 or more rooms) or a retail tenant (with a minimum area of 10,000 square feet).

There are no specific sign guidelines established with this proposal. Sign design guidelines will be reviewed when a Special Sign District request is received. The review and approval process for a proposed Special Sign District requires approval by City Council.

ANALYSIS

The proposed zoning text amendment provides an opportunity for multiple parcels to form a district and share a sign structure. Special Sign District requires the parcels be substantial in combined size and anchored with a major retail tenant, vehicle sales use Norwalk Planning Commission Page 3
Zoning Text Amendment No. 2024-02 June 26, 2024

or hotel/motel use. The minimum requirements to form a district are intended to ensure that a Special Sign District is significant in both size and economic impact within the city.

ENVIRONMENTAL ASSESSMENT

This project is exempt by the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the California Code of Regulations , also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of the California Code of Regulations, for the construction or replacement of minor accessory structures including on-premise signs.

Public Notification

Notice of this public hearing was published in The Norwalk Patriot and posted at the City’s three designated posting sites and the City website on June 14, 2024.

SUMMARY

Staff finds the purpose of a Special Sign District aligns with the goals and policies set forth in the General Plan and will provide additional economic tools for business to utilize to expand commerce in the City. The proposed text amendment establishes the City Council as the appropriate review authority for a Special Sign District and establishes the minimum criteria for the formation of such a district. Therefore, staff recommends that the Planning Commission recommend approval of Zoning Text Amendment No. 2024-02.

ATTACHMENT

A. Resolution No. 24-03, including Exhibit “A” Draft Ordinance From: [email protected]
To: John P. Ramirez; John P. Ramirez; Planning
Cc: "Charlie Carnow"
Subject: Items 2-4, ZTA For Specific Plan Area 1
Date: Wednesday, June 26, 2024 3:48:48 PM
Attachments: PC Comments_SPA1.final.pdf
Dear Chair Lopez and Planning Commissioners:

On behalf of UNITE HERE Local 11 (“Local 11”), please carefully review the attached comments regarding the proposed Zoning Text Amendments (“ZTA(s)”) related to the 20-acre area known as Specific Plan Area 1 (“SPA 1”). In short, Local 11 has several concerns with the proposed ZTAs, which are not addressed in the Staff Report, including the following:

1. The proposed ZTA is in furtherance of a specific 121-room hotel project, which should seek a project-specific SPA 1 amendment with its other entitlements.

2. The original SPA never contemplates more than just one existing hotel in the area (i.e., the DoubleTree Hotel) that was built just three years before the City adopted the SPA 1 nearly 40 years ago.

3. There is substantial evidence that the new hotel and other regional-serving uses permitted under the ZTA would lead to potential impacts on construction noise, air impacts, vehicle miles traveled (“VMT”), greenhouse gas (“GHG”) emissions, and induced demand for affordable housing that has gone entirely unanalyzed here.

4. The City has not considered a myriad of feasible mitigation measures to reduce these impacts, such as those urged by numerous public agencies and even considered by the City in its more recent CEQA reviews.

5. We question why the City is only providing more flexibility for commercial uses and not residential uses (such as affordable housing) and not considering adding a hotel-specific Development Agreement (“DA”) requirement for any future hotel to ensure maximum public benefits and mitigate community impacts by hotel projects (as done in other nearby cities).

In sum, the proposed ZTA is a project-specific SPA amendment that does not qualify for a Common- Sense exemption under CEQA and is not remotely addressed in the City’s 4-page staff report. It seems that the proposed ZTA is an attempt to fast-track a key legislative approval for the anticipated 121-room hotel (i.e., SPA 1 amendment) without adequate CEQA review or public scrutiny. As such, Local 11 respectfully requests that the Planning Commission deny the entire action until the issues discussed in the attached comment letter are adequately addressed, including the submission of all entitlements requested for the 121-room hotel in a CEQA-compliant analysis.

Sincerely,

Jordan R. Sisson, Esq.
3993 Orange St., Ste. 201
Riverside, CA 92501
Office: 951-405-8127
Direct: 951-542-2735
[email protected]
www.gideonlaw.net

PRIVILEGED AND CONFIDENTIAL: This electronic message contains information from a law office and is attorney work product confidential or privileged. The information is intended solely for the use of the individual(s)or entity(ies) named above. If you have received this transmission in error, please destroy the original transmission and its attachments without reading or saving in any manner.

June 26, 2024

VIA EMAIL:

Planning Commission, City of Norwalk
c/o John P. Ramirez, ([email protected]; [email protected]) Planning Division, Community Development ([email protected])

RE: I TEMS 2-4, PLANNING COMMISSION SPECIAL MEETING SCHEDULED JUNE 26, 2024; ZONING TEXT AMENDMENT REGARDING AMENDMENTS TO SPECIFIC PLAN AREA 1

Dear Chair Lopez and Planning Commissioners:

On behalf of UNITE HERE Local 11 (“Local 11”), this office respectfully provides the following comments1 to the City of Norwalk (“City”) regarding various proposed Zoning Text Amendments (“ZTA(s)”) to the Norwalk Municipal Code (“NMC”) § 17.09 et seq. related to development controls involving the 20-acre area known as Specific Plan Area 1 (“SPA 1”), including but not limited to allowing two hotels (in-lieu of just one hotel currently allowed) and allowing various new uses (e.g., entertainment venues, museums, outdoor events, lounges, clubs, etc.).

For the purpose of environmental review under the California Environmental Quality Act (“CEQA”),2 the City is utilizing the Common-Sense exemption under CEQA Guidelines § 15061(b)(3). The Common-Sense exemption only applies 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. (CEQA Guidelines § 15061(b)(3).) This is fact-intensive, and the City has a high burden of demonstrating that the exemption applies,3 which can generally be defeated by as little as a reasonable argument that the Project might have a significant impact.4

In short, after reviewing the relevant documents,5 Local 11 has several concerns with the proposed ZTAs, which are not addressed in the Staff Report. First, the proposed ZTA is in furtherance of a specific 121-room hotel project, which should seek project-specific SPA 1 amendment with its other entitlements. Second, it is clear that the original SPA never contemplates more than just one existing hotel in the area that was built just three years before the City adopted the SPA 1. Additionally, there is substantial evidence that the hotel and other regional-serving uses would lead to potential impacts on construction noise, air impacts, vehicle miles traveled (“VMT”),

1 Herein, page citations are either the stated pagination (i.e., “p. #”) or PDF-page location (i.e., “PDF p. #”) 2 Including “CEQA Guidelines” codified at 14 Cal. Code. Regs. § 15000 et seq. 3 See Muzzy Ranch Co. v. Solano County Airport Land Use Comm’n (2007) 41 Cal.4th 372, 386; see also CREED- 21 v. City of San Diego (2015) 234 Cal.App.4th 488, 510 4 See e.g., Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 188 (agency must refute a reasonable argument against the exemption, to a certainty); Dunn-Edwards Corp. v. Bay Area Air Quality Mgmt. Dist. (1992) 9 Cal.App.4th 644 (agency cannot rely on the absence of showing the possibility of adverse impact); Myers v. Board of Supervisors (1976) 58 Cal.App.3d 413, 427 (explicit claims of adverse impacts, even if exaggerated or untrue, are sufficient to defeat the use of this exemption).) 5 Including but not limited to relevant “Staff Report(s)” and attachments (“ATT-##”) retrieved from the City website. (See https://norwalk.primegov.com/Portal/Meeting?meetingTemplateId=3796.) Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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1. THE STAFF REPORT FAILS TO CONSIDER THE PROPOSED SPA 1 AMENDMENT AS A PROJECT-SPECIFIC ENTITLEMENT IN FURTHERANCE OF A 121-ROOM HOTEL PROJECT KNOWN TO THE CITY.

Figure 1: Norwalk Transit Village DEIR,6 PDF pp. 74-75 (Tbl. 4-1, Exh. 4-1)

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6 Norwalk Transit Village DEIR (Feb. 2024), https://files.ceqanet.opr.ca.gov/279991-2/attachment/NDlxM-P- ejipeBvxluqEOY-OmO_6UTCJn8fkSm WbrleNXk82ZyDbweh_XmmkXiKQAJDNILY2HuMJ55Mc0 .

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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Figure 2: Staff Report ATT-A,8 pp. 7-9 (ZTA added language shown in bold underline)

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Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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2. THE COMMON-SENSE EXEMPTION IS IMPROPER BECAUSE THE ORIGINAL SPA NEVER CONTEMPLATED

TWO HOTELS IN THE AREA

Figure 3: Google Map Image

Figure 4: NMC § 17.09.010

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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2.0-71 (see project-level mitigation measures for air quality, GHG, and transportation impacts), Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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3. WHY IS THE CITY NOT CONSIDERING ADDITIONAL USES—LIKE HOUSING—OR GREATER PROTECTIONS AROUND HOTEL DEVELOPMENTS –LIKE A HOTEL-SPECIFIC DA REQUIREMENT

Currently, the SPA 1 allows “residential condominiums” in some areas of the SPA 1. (NMC §

/ / /

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

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Thank you for consideration of these comments. We ask that this letter is placed in the administrative record for the Project.

Sincerely,

__________________________________________________
Jordan R. Sisson
Attorney for UNITE HERE Local 11
Attachment No. 4
EXHIBIT “A”
ZTA No. 2024-02
ORDINANCE NO. 24-XXXX1748
(Draft Ordinance)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING), CHAPTER 17.02 (APPROVAL

PROCEDURES), ARTICLE I (PROCEDURES, HEARING, NOTICES)

AND ARTICLE V (DISCRETIONARY APPROVAL AND PERMITS) OF

THE NORWALK MUNICIPAL CODE (NMC)TO THE NORWALK

MUNICIPAL CODE (NMC) ALLOWING FOR THE CREATION OF

SPECIAL SIGN DISTRICTS
WHEREAS, pursuant to California Constitution Article XI, Section 7, the City of Norwalk (the “City”) has the authority to enact local planning and land use regulations to protect the public health, safety and welfare of their residents through its police power; and
WHEREAS, the City police powers provides the right to adopt and enforce zoning and other regulations; and
WHEREAS, the City’s of Norwalk (“City”) Planning Division Development staff initiated Zoning Text Amendment (ZTA) No. 2024-02 to amend Title 17 (“Zoning”) Chapter

17.02 (Approval Procedures), Article I (Procedure, Hearing, Notices) and (Article V (Discretionary Approval and Permits) of the Norwalk Municipal Code (NMC); and WHEREAS, the purpose of the proposed ZTA is to establish the a review and approval procedure for the creation of a Special Sign District for parcels that may be reasonably grouped together in Specific Plan (SPA) 1, SPA 16, mixed-use, commercial, institutional and public facility overlay zones; and
WHEREAS, on June 266th, 2024, the Planning Commission for the City of Norwalk adopted a resolution making its findings of facts and recommending the City Council approve ZTA No. 2024-02; and
WHEREAS, notices of the Planning Commission and City Council public hearings notices were placed in a local newspaper in accordance with the NMCorwalk Municipal Code, and all interested persons were given full opportunity to be heard and present evidence; and
WHEREAS, evidence, both written and oral, was duly presented to and considered by the City Council at a duly noticed public hearing on _______, July 16, 2024 to consider the proposed text amendment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS FOLLOWS:

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Section 1.The City Council of 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. Establish a review process allowing for the creation of Special Sign Districts.

3. To advance the goals, policies, and programs of the General Plan.

Section 3. Finding. The City Council has determined that the proposed ZTA adequately addresses 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(s).

Section 5. Approvals. The City Council of the City Norwalk hereby approves ZTA No. 2024-02 as shown in Exhibit “A” attached hereto and incorporated by reference herein, establishing the review process to create a Special Sign District.

PASSED, APPROVED AND ADOPTED ____ 16th day of ____ July 2024.

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__________________________________
MARGARITA L. RIOS
MAYOR
ATTEST:

AYES:

NOES:

ABSENT:
_____________________________________

THERESA DEVOY, CMC

CITY CLERK

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Exhibit “A”
Ordinance No. 24-1748
Special Sign District Text Amendments
EXHIBIT “A”
ORDINANCE NO. 24-XXXX
Legend
Underline= Added language
MODIFY TITLE 17 (ZONING), CHAPTER 17.02 (APPROVAL PROCEDURES), ARTICLE I (PROCEDURE, HEARING, NOTICES) SECTION 17.02.105 of the Norwalk Municipal Code, to read as follows:
§ § 17.02.105 Review authority table.

The review authority table below identifies the full range of land use permit options and applicable final review authority. in this section is amended to add:

Review Authority Table
Types of Applications
Planning
Staff Director
Planning
Commission
City
Council
Discretionary Applications
Conditional use permits - - Decision Appeal
Density bonus - - Recommend Decision
Development agreement - - Recommend Decision
General plan amendment - - Recommend Decision
Plot plans - - Decision Appeal
Revocations - - Decision Appeal
Sign use permits - _ Decision Appeal
Special sign district - - Recommend Decision
Tentative parcel map - - Decision Appeal
Tentative tract maps - - Decision Appeal
Text amendments - - Recommend Decision
Variances - - Decision Appeal
Wireless telecommunication
permit
- - Decision Appeal
Zone changes - - Recommend Decision
Administrative Applications
Animal permits Decision Appeal Appeal Appeal
Business license approvals Decision - - -
Director approvals requests - Decision Appeal Appeal
Home occupation permit Decision Appeal Appeal Appeal

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Review Authority Table
Types of Applications
Planning
Staff Director
Planning
Commission
City
Council
Landscape plan review - Decision Appeal Appeal
Lot line adjustment - Decision Appeal Appeal
Lot merger - Decision Appeal Appeal
Precise development plans - Decision Appeal Appeal
Reasonable accommodations - Decision Appeal Appeal
Sign plan check Decision Appeal - -
Small cell/co-location permits - Decision Appeal Appeal Special event permits - Decision Appeal Appeal
Sexually oriented business permit - Decision Appeal Appeal Sexually oriented entertainer
permit
- Decision Appeal Appeal
Temporary sign permit Decision Appeal Appeal Appeal
Time extensions - Decision Appeal Appeal
Towing permit - Decision Appeal Appeal
Unclassified use review - Decision Appeal Appeal
Wireless telecommunication
permit (Administrative)
- Decision Appeal Appeal
Zoning verification letter Decision - - -
ADD NEW SECTION TO TITLE 17 (ZONING), CHAPTER 17.02 (APPROVAL PROCEDURES), ARTICLE V (DISCRETIONARY APPROVALS AND PERMITS), of the Norwalk Municipal Code, to read as follows:
§ 17.02.255 Special Sign District is added to §17.02, Article V to read as follows:.

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C. General requirements. All signs displayed in a Special Sign District shall comply with the provisions of this Chapter, except as set for this in this Subsection.

E. Minimum requirements:

2. Land area. The minimum area shall be five (5) acres.

3. Land configuration. Shall include contiguous parcels of land, which may only be separated by a railroad or public street.

5. Development standards. All development standards shall be determined at the time the Special Sign District is established and incorporated within the Special Sign District’s Ordinance.

City Council Agenda Report
July 16, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Alex Hamilton, Interim Community Development Director Sophia Tatlyan, Consulting Senior Planner
SUBJECT: ORDINANCE NO. 24-1749 - ZONE CHANGE NO. 2024-01 AND ORDINANCE NO. 24-1750 - ZONING TEXT AMENDMENT NO. 2024-03, TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL CODE AS IT RELATES TO SPECIAL SIGN DISTRICT NO. 1
Background:

In 2023, City Council adopted the Norwalk Entertainment District - Civic Center Specific Plan Area 16 (SPA 16). SPA 16 is located at the southeast corner of Imperial Highway and Norwalk Boulevard in Norwalk. The development of this area is anticipated to be implemented through one or more leases to a private developer of all or a portion of the portion of the City owned land and other contractual arrangements between the City and a private developer. Specific Plan Area 1 (SPA 1) is located to the south of SPA 16. The SPA 1 parcels included in this proposal comprise the AMC Theater, retail pad tenants and the Outback Steakhouse. Currently there is one existing freestanding sign located in Assessor Parcel No. 8047-007-191, (the Outback Steakhouse).

The height and location of the existing freestanding sign is not optimal given the existing conditions. Establishing the proposed Special Sign District No. 1 (SD 1) will allow for the relocation of the existing on-premise sign with a taller freeway oriented freestanding sign and provide greater flexibility for businesses entities within the Norwalk Entertainment District (SPA 16) to utilize the sign, when submitted as part of their future Master Sign Program.

City staff-initiated, Zone Change (ZC) No. 2024-01 and Zoning Text Amendment (ZTA) No. 2024-03, are a request to approve the Special Sign District No. 1 (SD 1) overlay and SD 1 sign development standards. This item is to be considered concurrently with Zoning Text Amendment (ZTA) No. 2024-02, a request to establish a review process and regulatory framework to allow the creation of Special Sign Districts city wide. As set forth in ZTA No. 2024-02, a Special Sign

City Council July 16, 2024
Ordinance No. 24-1749 - Zone Change No. 2024-01 and Ordinance Nos. 24-1750 - Zoning Text Amendment No. 2024-03 Creating Special Sign District No. 1 and Amending the Norwalk Municipal Code
Page No. 2
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0 District overlay must be approved by City Council through a zone change and zoning text amendment request. The approval of ZC No. 2024-01 and ZTA No. 2024-03, to create SD 1 is dependent on the approval and adoption of ZTA 2024-02.

On June 26, 2024, the Planning Commission conducted a duly noticed public hearing on the aforementioned project and with a 4-0 vote, recommended approval to City Council for ZC No. 2024-01 and ZTA No. 2024-03.

There were some in attendance stating concerns with this action. An email and letter from Jordon R. Sisson, Esq., an attorney for Unite Here Local 11, was submitted to the record.

In summary the concerns are as follows:

1. Adequacy of California Environmental Quality Act (CEQA) reviewed for the action.

2. Concern that this action will allow for more projects; i.e. digital billboard sign, other accessory signs, etc.

Staff rebutted points raised by the opposition as follows:

1. Staff confirmed the request is not in conjunction with any active application to construct a second hotel in SP 1, a billboard, or freestanding sign. Any future submittal to develop a second hotel, would require approval by the Planning Commission with a Conditional Use Permit and any future submittal to construct an on-premise or off-premise freestanding sign would require approval by the Planning Commission with a Sign Use Permit. In either scenarios, all the requests mentioned are discretionary applications and subject to an environmental review and CEQA determination at the time of their submittal.

Discussion
ZC No. 2024-01 is a request to establish the SD 1 overlay. SD 1 is comprised of 11 non- residential properties, located within the SPA 1, SPA 16, Institutional, and Public Facility overlay zone districts. SD 1 includes the following parcels listed in no particular order by Assessor Parcel Numbers: 8047-006-910, 8047-006-922, 8047-006-924, 8047-006-925, 8047-006-926, 8047- 006-927, 8047-007-136, 8047-007-188, 8047-007-189, 8047-007-190 and 8047-007-191. The proposal meets the minimum site conditions to create a Special Sign District, as set forth in ZTA No. 2024-02.

ZTA No. 2024-03 proposes to amend Title 17 (Zoning), Chapter 17.01 (Administration), Article II (Establishment of Zones, and limiting the Uses of Land Therein) and Title 17 (Zoning), Chapter

17.03 (Development Requirements), Article III (Signs) to establish SD 1 development standards and allow one freeway-oriented on-premise freestanding sign up to 100’ in height. The development standards specify the maximum freestanding sign height, sign width, number of sign panels, and sign design review process. There is no implementing project as part of this City Council July 16, 2024
Ordinance No. 24-1749 - Zone Change No. 2024-01 and Ordinance Nos. 24-1750 - Zoning Text Amendment No. 2024-03 Creating Special Sign District No. 1 and Amending the Norwalk Municipal Code
Page No. 3
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0 request. Any future request to construct a freeway-oriented freestanding sign will require a Sign Use Permit and the review and approval of the Planning Commission.

The formation of SD 1 will allow business entities within the Norwalk Entertainment District (SPA 16) more flexibility for their signage when submitted as part of their future Master Sign Program.

Additionally, the proposed development standards would allow for a sign height greater than the existing freestanding sign to maximize freeway visibility.

This project is exempt from CEQA pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of the California Code of Regulations, for the construction or replacement of minor accessory structures including on-premise signs.

Fiscal Impact:

N/A
Citizens Advised:

The public hearing notice was posted at the City’s three designated posting places and posted online. On July 5, 2024, the notice was also published in The Norwalk Patriot. Social media accounts also promoted notification of the project for the hearing. Four notices were posted on or in proximity to the subject parcels. As of the writing of this report, staff have not received any new public comments.

Strategic Plan 2023 Implementation:

Recommended Action:

Staff recommends City Council:
a. introduce by title only Ordinance No. 24-1749, AN ORDINANCE OF CITY COUNCIL OF THE CITY OF NORWALK APPROVING ZONE CHANGE NO. 2024-01 ESTABLISHING SPECIAL SIGN DISTRICT NO. 01 (SD 1) OVERLAY, and schedule for adoption.
b. introduce by title only Ordinance No. 24-1750, AN ORDINANCE OF CITY COUNCIL OF THE CITY OF NORWALK APPROVING ZONE TEXT AMENDMENT NO. 2024- City Council July 16, 2024
Ordinance No. 24-1749 - Zone Change No. 2024-01 and Ordinance Nos. 24-1750 - Zoning Text Amendment No. 2024-03 Creating Special Sign District No. 1 and Amending the Norwalk Municipal Code
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0 03 TO ESTABLISH THE DEVELOPMENT STANDARDS FOR THE SPECIAL SIGN DISTRICT NO. 01 OVERLAY AND AMENDING TITLE 17 (ZONING) OF THE NORWALK MUNICIPAL CODE, and schedule for adoption.

Attachments:

1. Ordinance No. 24-1749 (ZC No. 2024-01)

2. Ordinance No. 24-1750 (ZTA No. 2024-03)

3. Planning Commission Staff Report dated June 26, 2024 (without attachments)

4. Email and attached Letter of Opposition received on June 26, 2024 Attachment No. 1
ORDINANCE NO. 24-1749

AN ORDINANCE OF CITY COUNCIL OF THE CITY OF NORWALK
APPROVING ZONE CHANGE NO. 2024-01 ESTABLISHING SPECIAL
SIGN DISTRICT NO. 01 OVERLAY
WHEREAS, pursuant to California Constitution Article XI, Section 7, the City of Norwalk (the “City”) has the authority to enact local planning and land use regulations to protect the public health, safety and welfare of their residents through its police power; and
WHEREAS, the City police powers provides the right to adopt and enforce zoning and other regulations; and
WHEREAS, concurrently filed herewith, the City’s Planning Division staff initiated Zoning Text Amendment (ZTA) No. 2024-02 Title 17 (Zoning), Chapter 17.02 (Approval Procedures), Article I (Procedure, Hearing, Notices) and Article V (Discretionary Approval and Permits) of the Norwalk Municipal Code (NMC) to establish a review process to allow the creation of a Special Sign District overlay for parcels that may be reasonably grouped together; and
WHEREAS, ZTA No. 2024-02 provides City Council, the Planning Commission or the City’s Community Development Director, the authority to initiate consideration of a proposed ordinance to approve a Special Sign District overlay as set forth in Section

17.02.290 (Zoning Changes); and
WHEREAS, Section 17.02.290.C of the NMC requires that the Planning Commission hold a public hearing upon the initiation of a zone code amendment; and WHEREAS, Section 17.02.290.D of the NMC requires that the Planning Commission provide the City council with a written recommendation including the findings constituting the bases for the recommendation; and
WHEREAS, the City Community Development Director, by and through Planning Division Development staff, initiated Zone Change No. 2024-01 to create Special Sign District Overlay No. 01 (SD 1) overly and Zone Text Amendment No. 2024-03, amending Title 17 (Zoning), Chapter 17.01 (Administration), Article II (Establishment of Zones, and Limiting the Uses of Land Therein) and Title 17 (Zoning), Chapter 17.03 (Development Standards), Article III (Signs) of the NMC to establish development standards for SD 1; and
WHEREAS, SD 1 includes to the following parcels listed in no particular order by assessor parcel numbers: 8047-006-910, 8047-006-922, 8047-006-924, 8047-006-925, 8047-006-926, 8047-006-927, 8047-007-136, 8047-007-188, 8047-007-189, 8047-007- 190 and 8047-007-191; and
Ordinance No. 24-1749 Page 2 of 5
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WHEREAS, on June 26, 2024, the City Planning Commission approved Resolution No. 24-03 recommending City Council adopt ZTA No. 2024-02 to establish the review process to allow the creation of a Special Sign District overlay; and WHEREAS, on June 26, 2024, the Planning Commission approved Resolution 2024-04 recommending City Council adopt ZC No. 2024-01 to create SD 1 and Resolution 2024-05 recommending City Council adopt ZTA No. 2024-03 to establish SD 1 development standards; and
WHEREAS, public hearing notices were placed in a local newspaper in accordance with the NMC, and all interested persons were given full opportunity to be heard and present evidence; and
WHEREAS, on July 16, 2024, the City Council adopted Ordinance No. 24-1748 approving ZTA No. 2024-02 to amend Title 17 (Zoning), Chapter 17.02, Article I (Procedure, Hearing, Notices) and Article V (Discretionary Approvals) of the NMC to establish the review process to allow the creation of a Special Sign District overlay; and WHEREAS, evidence, both written and oral, was duly presented to and considered by the City Council at a duly noticed public hearing on July 16 th, 2024 to consider the proposed SD 1 overlay.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.

Section 2. Findings. The proposed Special Sign District is consistent with the goals and objectives of the Norwalk General Plan, as the district will enhance the City’s economic base and promote a positive image of the City of Norwalk.

Section 3. Findings. The proposed Special Sign District will not be detrimental to the public health, safety or welfare or injurious to the City.

Section 4. Findings. The City Council has determined that the formation of SD 1 to establish a new sign district will assist in the economic development and vitality of the City.

Section 5. Approval. The City Council hereby approves Zone Change No. 2024-01. The SD 1 boundaries are incorporated as Exhibit “A” and the amended Zoning Map is incorporated in Exhibit “B”.

Section 6. Environmental. The City Council hereby determines this Ordinance is exempt by the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of Ordinance No. 24-1749 Page 3 of 5
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the California Code of Regulations, for the construction or replacement of minor accessory structures including on- premise signs. It should be noted that an application for any future development pursuant to SD 1, shall undergo individual environmental review.

Section 8. Certification. ZTA No. 2024-02 shall be approved and effective prior to or concurrent to the effective date of the ZC No. 2024-01. The City Clerk is directed to certify to the adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

PASSED, APPROVED AND ADOPTED this _______day of ________2024. __________________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
_____________________________________

THERESA DEVOY, CMC

CITY CLERK
Ordinance No. 24-1749 Page 4 of 5
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Exhibit A
Special Sign District No. 01 Boundary Map

Ordinance No. 24-1749 Page 5 of 5
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Exhibit B
Amended Zoning Map

Attachment No. 2
ORDINANCE NO. 24-1750

AN ORDINANCE OF CITY COUNCIL OF THE CITY OF NORWALK
APPROVING ZONE TEXT AMENDMENT NO. 2024-03 TO ESTABLISH

THE DEVELOPMENT STANDARDS FOR THE SPECIAL SIGN DISTRICT NO. 01 OVERLAY AND AMENDING TITLE 17 (ZONING) OF THE

NORWALK MUNICIPAL CODE
WHEREAS, pursuant to California Constitution Article XI, Section 7, the City of Norwalk (the “City”) has the authority to enact local planning and land use regulations to protect the public health, safety and welfare of their residents through its police power; and
WHEREAS, the City police powers provides the right to adopt and enforce zoning and other regulations; and
WHEREAS, concurrently filed herewith, the City’s Planning Division staff initiated Zoning Text Amendment (ZTA) No. 2024-02 to amend Title 17 (Zoning), Chapter 17.02 Article I (Procedure, Hearing, Notices) and Article V (Discretionary Approvals) of the Norwalk Municipal Code (NMC) to establish the review process to allow the creation of a Special Sign District overlay for parcels that may be reasonably grouped together; and WHEREAS, ZTA No. 2024-02 provides City Council, the Planning Commission, or the City’s Community Development Director, the authority to initiate consideration of a proposed ordinance to establish a new Special Sign District as set forth in Section

17.02.290 (Zoning Changes); and
WHEREAS, Section 17.02.290.C of the NMC requires that the Planning Commission hold a public hearing upon the initiation of a zone code amendment; and WHEREAS, Section 17.02.290.D of the NMC requires that the Planning Commission provide the City Council with a written recommendation including the findings constituting the bases for the recommendation; and WHEREAS, the Community Development Director, by and through Planning Division Development staff, initiated Zone Change No. 2024-01 to create Special Sign District No. 01 (SD 1) overly and Zone Text Amendment No. 2024-03, amending Title 17 (Zoning), Chapter 17.01 (Administration), Article II (Establishment of Zones, and Limiting the Uses of Land Therein) and Title 17 (Zoning), Chapter 17.03 (Development Standards), Article III (Signs) of the NMC to establish development standards for SD 1; and
WHEREAS, SD 1 includes to the following parcels listed in no particular order by assessor parcel numbers: 8047-006-910, 8047-006-922, 8047-006-924, 8047-006-925, 8047-006-926, 8047-006-927, 8047-007-136, 8047-007-188, 8047-007-189, 8047-007- 190 and 8047-007-191; and
Ordinance No. 24-1750 Page 2 of 5
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WHEREAS, on June 26, 2024, the City Planning Commission approved Resolution No. 24-03 recommending City Council adopt ZTA No. 2024-02 to establish the review process to allow the creation of a Special Sign District overlay; and WHEREAS, on June 26, 2024, the Planning Commission approved Resolution 2024-04 recommending City Council adopt the ZC No. 2024-01 to create SD 1 and Resolution 2024-05 recommending City Council adopt the ZTA No. 2024-03 to establish SD 1 development standards; and
WHEREAS, public hearing notices were placed in a local newspaper in accordance with the NMC, and all interested persons were given full opportunity to be heard and present evidence; and
WHEREAS, on July 16, 2024, the City Council adopted Ordinance No. 24-1748 approving ZTA No. 2024-02 to amend Title 17 (Zoning) Chapter 17.02, Article I (Procedure, Hearing, Notices) and Article V (“Discretionary Approvals), of the NMC to establish the review process to allow the creation of a Special Sign District; and WHEREAS, evidence, both written and oral, was duly presented to and considered by the City Council at a duly noticed public hearing on July 16, 2024 to consider the proposed SD 1 development standards.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.

Section 2. Findings. The proposed zoning text amendment is consistent with the goals and objectives of the Norwalk General Plan and as the SD 1 development standards will enhance the City’s economic base and promote a positive image of the City of Norwalk.

Section 3. Findings. The proposed zoning text amendment will not be detrimental to the public health, safety or welfare or injurious to the City.

Section 4. Findings. The City Council has determined that the development standards will assist in the economic development and vitality of the City.

Section 5. Approval. The City Council hereby approves ZTA No. 2024-03 as contained in Exhibits “A”.

Section 6. Environmental. The City Council hereby determines this Ordinance is exempt by the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the Ordinance No. 24-1750 Page 3 of 5
3 4
6 8
“Common Sense Exemption” and Section 15311 (Class 11 – Accessory Structures) of the California Code of Regulations, for the construction or replacement of minor accessory structures including on- premise signs. It should be noted that an application for any future development pursuant to SD 1, shall undergo individual environmental review.

Section 8. Certification. ZTA No. 2024-02 shall be approved and effective prior to or concurrent to the effective date of the ZTA No. 2024-03. The City Clerk is directed to certify to the adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

PASSED, APPROVED AND ADOPTED this ______day of ________2024. ____________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
________________________________

THERESA DEVOY, CMC

CITY CLERK
Ordinance No. 24-1750 Page 4 of 5
3 4
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Exhibit A
Special Sign District No. 01 Text Amendments
“§17.01.070 table in this section is amended to add:

Chapter Zoning Symbol Designation

17.03.210 SD 1 Special Sign District No. 01
§17.03.210 is added to 17.03, Article III to read as follows:
§17.03.210 Special Sign District No. 01.

A. Purpose.

The City has adopted this Special Sign District No. 01 (SD 1) in accordance with the provisions of Chapter Title 17 Chapter 17.02 Article V of the Norwalk Municipal Code (NMC) in order to demolish an existing freeway-oriented freestanding sign and construct a new freeway-oriented freestanding sign that would enhance the economic vitality of the businesses within SD 1.

B. Applicability.

This Special Sign District applies to 8047-006-910, 8047-006-922, 8047-006-924, 8047-006-925, 8047-006-926, 8047-006-927, 8047-007-136, 8047-007-188, 8047-007-189, 8047-007-190 and 8047-007-191.

C. District Boundaries:

The boundaries of SD 1 are reflected within the Zoning Map.

D. Development standards:

1. One (1) static freestanding freeway-oriented sign up to 100 feet tall shall be permitted.

2. Proposed sign may be illuminated or non-illuminated.

3. May have a maximum width of 30 feet.

4. May have a maximum number of six (6) sign panels for up to six (6) tenants.

Ordinance No. 24-1750 Page 5 of 5
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E. Approvals:

1. Relation to Signage Regulations. Any person desiring to erect or place a sign on the new freeway- oriented freestanding sign shall comply with all provisions of Chapter 17.03 Article III Signs of the NMC unless specifically modified herein.

2. Location of Businesses Allowed on a Freeway- Oriented Freestanding Sign.

The business shall be located within the boundary of SD 1. No other business, product, service or use shall be permitted on the freestanding sign.

3. Sign Permit Required. A Sign Permit as provided in Section 17.03 of the NMC shall be required for any sign face change (including new businesses).

F. Administration and General Provisions:

1. Review of Final Designs. The Planning Commission shall review and approve the final design for any new sign subject to this provision via a Sign Use Permit.

2. Other Requirements May Still Apply. Nothing in this Special Sign District ordinance eliminates the need for obtaining any other approval or entitlement required by provisions of the NMC or any local, State or Federal agency.

G. Responsibility for Administration. The Community Development Director, or designee, shall be responsible for administering the provisions of SD 1. This shall include the responsibility and authority to interpret any section of this document.” Attachment No. 3

Planning Commission
Agenda Report
June 26, 2024

TO:

Planning Commission

FROM: John P. Ramirez, AICP, Director of Community Development

BY: Sophia Tatlyan, Consulting Senior Planner

SUBJECT: Zone Change (ZC) No. 2024-01 and Zoning Text Amendment (ZTA) No. 2024- 03 to establish Special Sign District No. 01 (SD 1), an overlay for 11 non- residential properties within the Specific Plan Area 1, Specific Plan Area 16, Institutional and Public Facility Overlay zone along the Interstate- 5 Freeway and amending the Norwalk Municipal Code to incorporate the development requirements for SD 1. Environmental: Consider and find that the proposed project is exempt pursuant to Sections 15061(b)(3) “Common Sense Exemption” and 15311 “Accessory Structures” of the CEQA Guidelines.

RECOMMENDATION
That the Planning Commission:

1. Adopt Resolution No. 24-04 to recommend approval to City Council for Zone Change No. 2024-01;

2. Adopt Resolution No. 24-05 to recommend approval to City Council for Zoning Text Amendment No. 2024-03; and

3. Consider and find that the project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and Section 15311 (Class 11 – Accessory Norwalk Planning Commission Page 2
ZC No. 2024-01 and ZTA 2024-03 June 26, 2024

Structures) of the California Code of Regulations, for the construction or replacement of minor accessory structures including on-premise signs.

AUTHORITY

Proposed Section 17.02.255 to the Norwalk Municipal Code (NMC) allowing for the creation of Special Sign Districts.

Section 65855 of the California Government Code states that the Planning Commission shall make a written recommendation on the adoption or amendment of the Zoning Ordinance.

Section 17.02.260.D of the NMC stipulates that the Planning Commission render its recommendation on a Zoning Text Amendment, including the reasons for the recommendation, to the City Council.

INTRODUCTION/BACKGROUND

The aim of SPA 16 is to advance the City’s goals for the plan area including the Civic Center as an economic node to enhance the area as a thriving and experience- oriented center for residents and visitors. SPA 16 capitalizes on the area and its close proximity to major transportation nodes to establish a vibrant regional destination and draw for the area. SPA 16 requires the developer to submit a Master Sign Plan for the area which will allow for flexibility by recognizing the unique aspects of the mixed-use center and need for various sign types and placement opportunities while ensuring consistency and quality of design.

Specific Plan Area 1 (SPA 1) is located to the south of SPA 16. The SPA 1 parcels included in this proposal comprise the AMC Theater, retail pad tenants and the Outback Steakhouse. Currently there is one existing freestanding sign located in Assessor Parcel No. 8047-007-191, (the Outback Steakhouse) that would be located within the boundary of proposed SD 1. The Outback Steakhouse and the City of Norwalk currently have sign panels on the existing freestanding structure, which was constructed in 1999. The freestanding sign is 70 feet in height.

Norwalk Planning Commission Page 3
ZC No. 2024-01 and ZTA 2024-03 June 26, 2024

The existing height and location of the existing freestanding sign is not optimal given the existing conditions. Expansions and improvements to Interstate- 5 Freeway have diminished the visibility of the existing freestanding sign. Additionally, the existing sign is located within the Caltrans right-of- way and is therefore subject to Caltrans requirements for off-premise signs. Establishing the proposed SD 1 would modify Caltrans authority and allow for the relocation of the existing on-premise sign with a taller freestanding sign with a Sign Use Permit. Sign Use Permits require approval by the Planning Commission.

Presented concurrently with this request is ZTA 2024-02, a City staff-initiated request to amend the Norwalk Municipal Code (NMC) to allow for the creation of Special Sign Districts and establish minimum requirements for those newly created districts. ZTA 2024- 02 amends Chapter 17.02, Article V (Discretionary Approvals and Permits) of the NMC to enable the creation of Special Sign Districts with specified criteria. These districts require approval by the City Council, must contain multiple parcels reasonably grouped together, and meet the following requirements:

• Newly created sign districts shall be limited to properties within SPA 1, SPA 16, mixed-use, commercial, institutional areas or public facility overlay zones; • Minimum combined land area shall be five (5) acres;
• Parcels shall be contiguous (but may be separated by a railroad or public street); and
• Existing Uses shall include one (1) or more of the following: vehicle sales and lease (general new and use d), hotels and motels (with 100 or more rooms) or a retail tenant (with a minimum of area of 10,000 square feet).
• All development standards shall be determined at the time the Special Sign District is established and incorporated within the Special Sign District’s Ordinance.

PROJECT DESCRIPTION
Zone Change No. 2024-01 is a request to establish the Special Sign District No. 01 ( SD 1) overlay. SD 1 is comprised of 11 non- residential properties, located within in the SPA 1, SPA 16, Institutional and Public Facility overlay zone districts. SD 1 includes the following parcels listed in no particular order by assessor parcel numbers: 8047-006-910, 8047-006-922, 8047-006-924, 8047-006-925, 8047-006-926, 8047-006-927, 8047-007- 136, 8047-007-188, 8047-007-189, 8047-007-190 and 8047-007-191.

Zoning Text Amendment No. 2024- 03 proposes to amend Title 17 (Zoning), Chapter

17.01 (Administration), Article II (Establishment of Zones, and limiting the Uses of Land Therein) and Title 17 (Zoning), Chapter 17.03 (Development Requirements), Article III (Signs) to establish SD 1 development standards and allow one freeway -oriented on- premise freestanding sign greater than 35 feet.

Norwalk Planning Commission Page 4
ZC No. 2024-01 and ZTA 2024-03 June 26, 2024

ANALYSIS

Per § 17.03.140 of the NMC, freestanding signs are permitted in the C -1, C-3, C-M, M-1 and M -2 zones, subject to the approval of a sign use permit. Freestanding signs are limited to a maximum height limit of 35 feet above finished grade, or as otherwise determined by an approved Sign Use Permit.

The proposed development standards for the on-premise freestanding signs would allow for a greater height maximum to account for elevation differences between the proposed sign location and Interstate- 5 Freeway. The Interstate-5 Freeway lanes are elevated at the existing Norwalk Boulevard underpass. Allowing for a 100- foot freestanding sign would counter the change in elevation and provide adequate exposure for vehicles driving in the northbound and southbound lanes to view signage along the frontage area. The proposed SD 1 development standards will allow replacement of the existing on-premise sign with a taller freestanding sign to advertise uses within the SD 1 boundary.

The formation of a SD 1 will allow businesses entities within the Norwalk Entertainment District (SPA 16) more flexibility for their signage when submitted as part of their future Master Sign Program.

ENVIRONMENTAL ASSESSMENT

The proposed Resolution is exempt by the provisions of the California Environmental Quality Act (CEQA), pursuant to Section s 15061(b)(3) of the California Code of Regulations, also known as the “Common Sense Exemption” and 15311 (Class 11 – Accessory Structures), for the construction or replacement of minor accessory structures including on- premise signs. A public notice was prepared and published in the local newspaper. Four (4) notices were posted on or in proximity to the subject parcels. Any future project subject to the SD 1 provisions shall undergo its own independent environmental review for compliance.

SUMMARY

Staff finds the purpose of ZC No. 2024-01 and ZTA No. 2024-03 objectives and standards in line with the goals and policies of the General Plan and in compliance with the regulations within the City of Norwalk Municipal Code. Establishing the SD 1 boundary area, as shown in Attachment A, and the development standards, as shown in Attachment B, will serve as an effective tool to allow one on- premise freestanding sign oriented towards the freeway. Such signs are desirable to the City as they provide o pportunities to enhance urban aesthetics and promote effective communication through controlled and cohesive signage.

ATTACHMENTS

Norwalk Planning Commission Page 5
ZC No. 2024-01 and ZTA 2024-03 June 26, 2024

A. Resolution No. 24-04 including Exhibit “A” Draft Ordinance B. Resolution No. 24-05 including Exhibit “A” Draft Ordinance .

From: [email protected]
To: John P. Ramirez; John P. Ramirez; Planning
Cc: "Charlie Carnow"
Subject: Items 2-4, ZTA For Specific Plan Area 1
Date: Wednesday, June 26, 2024 3:48:48 PM
Attachments: PC Comments_SPA1.final.pdf
Dear Chair Lopez and Planning Commissioners:

1. The proposed ZTA is in furtherance of a specific 121-room hotel project, which should seek a project-specific SPA 1 amendment with its other entitlements.

Sincerely,

Jordan R. Sisson, Esq.
3993 Orange St., Ste. 201
Riverside, CA 92501
Office: 951-405-8127
Direct: 951-542-2735
[email protected]
www.gideonlaw.net

June 26, 2024

VIA EMAIL:

Planning Commission, City of Norwalk
c/o John P. Ramirez, ([email protected]; [email protected]) Planning Division, Community Development ([email protected])

RE: I TEMS 2-4, PLANNING COMMISSION SPECIAL MEETING SCHEDULED JUNE 26, 2024; ZONING TEXT AMENDMENT REGARDING AMENDMENTS TO SPECIFIC PLAN AREA 1

Dear Chair Lopez and Planning Commissioners:

Page 2 of 7 ends

1. THE STAFF REPORT FAILS TO CONSIDER THE PROPOSED SPA 1 AMENDMENT AS A PROJECT-SPECIFIC ENTITLEMENT IN FURTHERANCE OF A 121-ROOM HOTEL PROJECT KNOWN TO THE CITY.

Figure 1: Norwalk Transit Village DEIR,6 PDF pp. 74-75 (Tbl. 4-1, Exh. 4-1)

⩩⩩⩩

6 Norwalk Transit Village DEIR (Feb. 2024), https://files.ceqanet.opr.ca.gov/279991-2/attachment/NDlxM-P- ejipeBvxluqEOY-OmO_6UTCJn8fkSm WbrleNXk82ZyDbweh_XmmkXiKQAJDNILY2HuMJ55Mc0 .

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 3 of 7 ends

Figure 2: Staff Report ATT-A,8 pp. 7-9 (ZTA added language shown in bold underline)

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Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 4 of 7 ends

2. THE COMMON-SENSE EXEMPTION IS IMPROPER BECAUSE THE ORIGINAL SPA NEVER CONTEMPLATED

TWO HOTELS IN THE AREA

Figure 3: Google Map Image

Figure 4: NMC § 17.09.010

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 5 of 7 ends

2.0-71 (see project-level mitigation measures for air quality, GHG, and transportation impacts), Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 6 of 7 ends

3. WHY IS THE CITY NOT CONSIDERING ADDITIONAL USES—LIKE HOUSING—OR GREATER PROTECTIONS AROUND HOTEL DEVELOPMENTS –LIKE A HOTEL-SPECIFIC DA REQUIREMENT

Currently, the SPA 1 allows “residential condominiums” in some areas of the SPA 1. (NMC §

/ / /

Item 2-4 Comments RE SPA 1 Zoning Text Amendments
June 26, 2024

Page 7 of 7 ends

Thank you for consideration of these comments. We ask that this letter is placed in the administrative record for the Project.

Sincerely,

__________________________________________________
Jordan R. Sisson
Attorney for UNITE HERE Local 11

Norwalk City CouncilJuly 16, 2024

Norwalk City Council
July 16, 2024