Norwalk City Zoning Code
CHAPTER 17
02 APPROVAL PROCEDURES
§ 17.02.010 Commission to prescribe form of application blanks and type of required information.
The Commission shall prescribe the form of applications for changes in zone boundaries or classifications, for variances, or for conditional use permits, and of all other documents to be submitted to it. It may prepare and provide blanks for such purpose, and may prescribe the type of information to be provided by the applicant or party. No application or document shall be accepted by the Commission for filing unless it complies with the requirements prescribed by the Commission, except upon formal motion adopted by the Commission.
(Prior code § 27-20.1; Ord. 21-1722 § 2)
§ 17.02.020 Applications as part of permanent record.
Each application filed with the Planning Commission shall be segregated as to type; and all applications of the same type shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the Commission. There shall be attached to each application, and permanently filed therewith, copies of all notices and memoranda of actions had thereon, with certificates or affidavits of posting, mailing, or publication pertaining thereto.
(Prior code § 27-20.2; Ord. 21-1722 § 2)
§ 17.02.030 Filing fees.
Each applicant for a reclassification, amendment or change of zone, a variance, a conditional use permit or for any other relief provided for in this title, shall pay such fees and costs as the City Council may establish.
(Prior code § 27-20.3; Ord. 21-1722 § 2)
§ 17.02.040 Setting hearings.
All applications or proceedings for amending zone boundaries or classifications of property uses within such zones as are defined by this title, for granting of variances or conditional use permits, or for the revocation of variances, conditional use permits, or affecting nonconforming uses, as provided in this title, shall be set for public hearing by the secretary of the Commission when such hearing is to be held by the Commissioner or by the City Clerk when such hearing is by the City Council. The date of the hearing shall be not less than 10 calendar days nor more than 60 calendar days after the date of filing of an application or the filing of an appeal as prescribed in Section 17.02.280(H) or 17.02.210(G) or after the adoption of a resolution amending zone boundaries or classifications.
(Prior code § 27-20.4; Ord. 21-1722 § 2)
§ 17.02.050 Notices.
Where not contrary to the provisions of Chapters 3 or 4 of Division 1 of Title 7 of the Government Code, contrary provisions of which shall prevail hereover, and where no provision is made in this title for the same, notices of times and places of public hearings shall be given as follows:
A.
Notice of any public hearing, before either the Commission or City Council upon a proposed variance, text amendment, zone change, conditional use permit, or the changing of conditions or limitations thereof, shall be furnished as follows:
1.
For Zone Changes.
a.
By publication at least once in a newspaper of general circulation, published and circulated in the City, not less than 10 calendar days prior to the date of the hearing; and
b.
By posting the notice in three or more prominent places on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about each street line of such parcel; in the event more than one parcel is the subject of such hearing, at least one of such notices shall be posted within 200 feet of each such parcel; posting of such notices shall be completed not less than 10 calendar days before the date of the hearing; or
c.
By mailing a written notice thereof, not less than 10 calendar days prior to the date of such hearing, to the owners of the subject properties, to the applicants, if any, and to the owners of properties located within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent through the United States mail, with postage prepaid, and using the addresses from the last adopted tax roll, if available.
2.
For Text Amendments to the Zoning Ordinance.
3.
For Conditional Use Permits, Zone Variances, and Modifications Thereto.
a.
By mailing a written notice thereof, not less than 10 calendar days prior to the date of such hearing, to the owners of the subject properties, to the applicants, if any, and to the owners of properties located within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent through the United States mail, with postage prepaid, and using the addresses from the last adopted tax roll, if available; or
b.
By publication at least once in a newspaper of general circulation, published and circulated in the City, not less than 10 calendar days prior to the date of the hearing; and
c.
By posting this notice in three or more prominent places on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about each street line of such parcel; in the event more than one parcel is the subject to such hearing, at least one of such notices shall be posted within 200 feet of each such parcel; posting of such notices shall be completed not less than 10 calendar days before the date of the hearing.
4.
For Administrative Applications Considered By or Appealed To the Commission or City Council.
a.
By mailing a written notice thereof, not less than 10 calendar days prior to the date of such hearing, to the owners of the subject properties, to the applicants, if any, and to the owners of properties located within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent through the United States mail, with postage prepaid, and using the addresses from the last adopted tax roll, if available; and
B.
Notice of any public hearing to consider the revocation or modification of a variance or conditional use permit, to terminate a nonconforming use, or for any other purpose for which a public hearing is required by law and not otherwise provided for, shall be given by placing in the United States mail, postage prepaid, a written notice thereof to the owner or owners of the subject property, and to the occupant or occupants of such property; such notice shall be sent not less than 40 calendar days prior to the date of such hearing; for such purpose, the department, secretary or clerk may use the last known name and address of an owner, as shown in the last adopted tax roll of the County, and may mail notice to the occupant or occupants at the address of the subject property. In the event the purpose of such public hearing shall be to consider the revocation or modification or termination of a variance, conditional use permit, nonconforming use or any other permit controlled by this title, the notice shall not be complete unless it sets forth, in general terms, the grounds of the proposed revocation, modification or termination.
The Commission or City Council may order notice of any public hearing before it to be given to such other persons as the Commission or City Council may, in its respective discretion, deem necessary and proper.
(Prior code § 27-20.5; Ord. 14-1654 § 1; Ord. 21-1722 § 2)
§ 17.02.060 Required wording of notices.
Public notice of hearings on zone reclassifications, amendment, variances, or conditional use permits, or revocation thereof, shall bear the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit," as the case may be, or other descriptive title; shall set forth a description, in any terms adequate, to identify the property under consideration, the nature of the proposed change of use, and the time and place at which the public hearing or hearings will be held; and shall advise that persons wishing to be heard on such matter may attend and be heard.
(Prior code § 27-20.6; Ord. 21-1722 § 2)
§ 17.02.070 Investigation.
The Commission shall cause to be made such investigation of facts bearing upon an application set for hearing, which may include an analysis of precedent cases, as will tend to provide all necessary information to enable decisions and determinations to be made consistent with the provisions, purposes, and intents of this title, and with prior actions of the Commission and Council.
(Prior code § 27-20.7; Ord. 21-1722 § 2)
§ 17.02.080 Establishment of rules for conduct of hearings.
The Commission and City Council shall establish reasonable rules governing their conduct of public hearings.
(Prior code § 27-20.8; Ord. 21-1722 § 2)
§ 17.02.090 Number of hearings required.
A.
Text amendments and zone boundary changes shall require not less than one hearing by the Commission and one hearing before the City Council.
B.
Applications for variances shall require not less than one hearing by the Commission.
C.
Applications for conditional use permits shall require not less than one hearing by the Commission.
D.
Revocation of a variance shall require not less than one hearing by the Commission.
E.
Revocation of a conditional use permit shall require not less than one hearing by the Commission.
F.
Administrative applications considered by the Commission shall require not less than one hearing by the Commission. Administrative applications appealed to the Commission or City Council shall require not less than one hearing by the reviewing body to which the appeal was submitted.
(Prior code § 27-20.9; Ord. 14-1654 § 2; Ord. 21-1722 § 2)
§ 17.02.100 Hearings may be continued without recourse to public notice.
If, for any reason, any public hearing is not completed on the day set for such hearing, the person presiding at such hearing may, without closing such hearing, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice shall be required.
(Prior code § 27-20.10; Ord. 21-1722 § 2)
§ 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.
Review Authority Table | ||||
|---|---|---|---|---|
Types of Applications | Planning Staff | Director | Planning Commission | City Council |
Discretionary Applications | ||||
Conditional use permits | - | - | Decision | Appeal |
Density bonus | - | Decision | Appeal | Appeal |
Development agreement | - | - | Recommend | Decision |
General plan amendment | - | - | Recommend | Decision |
Plot plans | - | - | Decision | Appeal |
Revocations | - | - | Decision | Appeal |
Special sign district | - | - | Recommend | Decision |
Sign use permits | - | _ | Decision | Appeal |
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 |
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 | - | - | - |
(Ord. 20-1720 § 2; Ord. 21-1722 § 2; Ord. 23-1746, 12/5/2023; Ord. 24-1755, 12/3/2024; Ord. 24-1748, 10/1/2024)
§ 17.02.110 Permanent files shall include summary of testimony.
A summary of all pertinent evidence offered at a public hearing held in connection with an application filed pursuant to this title, and the names of persons testifying, shall be recorded and filed with the application as part of the official records.
(Prior code § 27-20.11; Ord. 21-1722 § 2)
§ 17.02.120 Consistency with hazardous waste management plan.
Zone changes, conditional use permits, variances, and other land use decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (Approved November 30, 1989) relating to siting and siting criteria for hazardous waste facilities.
Nothing herein shall limit the ability of the City to attach appropriate conditions to the issuance of any such approval in order to protect the public health, safety or welfare or to establish more stringent planning requirements or siting criteria than those specified in the County plan.
(Prior code § 27-22.21; Ord. 21-1722 § 2)
§ 17.02.130 Approval of acquisition and use of public-owned property.
Whenever, pursuant to the provisions of Title 7 of the Government Code, known as the Planning and Zoning Law, the Commission approves the acquisition of any square, park or other public ground or open space by any public entity, it may, in approving, designate additional permitted uses permitted such public entity on such property, which uses shall be in addition to those uses permitted in the zone in which such property is located.
In approving such acquisition, the Commission may attach such restrictions, conditions and requirements thereto as it shall deem desirable to accord with the purposes and intents of this title and the character and land use or other related problems of the neighborhood.
(Prior code § 27-22.6; Ord. 21-1722 § 2)
§ 17.02.140 Animal permits.
A.
Purpose. The specific purpose of this section is to establish procedures and regulations for the processing of animal permits.
B.
General Procedures and Standards. The following are general procedures and standards for processing animal permits:
1.
The Director of Community Development shall prescribe the form or application requirements to be submitted and the type of information to be provided by the applicant.
2.
The Director of Community Development shall review animal permit applications for more than three dogs or cats on residential properties as listed in Section 17.04.200(C)(1)(b) and for animals permitted in the R-H zone and listed in Section 17.04.200(D)(2).
3.
The Planning Commission shall review animal permit applications requesting more than 10 birds, as listed in Section 17.04.200(C)(1)(b), pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F).
4.
The following are the required findings for approval of animal permit applications:
5.
A letter informing the applicant of the Community Development Director or Planning Commission's decision will be mailed to the applicant. The decision of the Director or Planning Commission shall be in full force and effect after the appeal period, which is 10 calendar days after the date that the notice of the decision is mailed.
6.
The Director of Community Development or Planning Commission may impose additional conditions on animal permits as deemed necessary to protect the use, enjoyment and value of neighboring properties and the health, safety, convenience and welfare of the occupants of neighboring properties.
C.
Expiration.
D.
Revocation.
1.
The Planning Commission may revoke or modify any animal permit on any one or more of the following grounds:
a.
That the animal permit was obtained by fraud or misrepresentation;
b.
That the animal permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
c.
That the animal(s) permitted by the animal permit is/are being, or within the recent past have/has been, maintained so as to be detrimental to the public health or safety or as to constitute a nuisance.
2.
The Planning Commission shall conduct a hearing, pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F), and thereafter may take one of the following actions:
a.
Impose such limitations, restrictions, conditions or prohibitions upon the keeping or maintaining of any animal upon the premises as, in its sound judgment, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or are reasonably necessary to protect the public health or safety; or
b.
Revoke the animal permit.
E.
Appeal Procedure.
1.
The decision of the Director of Community Development may be appealed to the Planning Commission, or the decision of the Planning Commission may be appealed to the City Council, which shall affirm, reverse or modify such decision.
2.
The Director of Community Development shall prescribe the form and the type of information to be provided by the appellant.
3.
Any appeal petition shall be filed with the Director of Community Development within 10 calendar days after the date that notice of the decision is mailed to the applicant. If the last day of the filing period falls on a day that City Hall is not open for business, then the appeal period shall be extended to include the next day on which City Hall is open for business.
4.
Upon the filing of an appeal petition, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the Planning Commission or City Council.
5.
Notice of the appeal, and of the appeal hearing before the Planning Commission or City Council, shall be pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F).
6.
The decision of the City Council shall be final.
F.
Previously Approved Animal Permits. All animal permits issued prior to the effective date of the ordinance codified in this section will continue to be valid provided all of the following conditions apply:
(Prior code § 27-22.25; Ord. 08-1603 § 8; Ord. 14-1654 §§ 3—5; Ord. 21-1722 § 2)
§ 17.02.150 Home occupation permit.
A.
Purpose and Intent. The purpose of this section is to establish criteria for the approval of home occupations in the City of Norwalk so that the integrity of the residential zone is preserved, and that the public health, safety and general welfare are protected from any adverse impact.
B.
Definition. "Home occupation" means any activity producing income, or intended to produce income, conducted or managed in a residential dwelling.
C.
Home Occupation Permit. No home occupation may be established or operated in any manner without the approval, issuance, and maintenance of a valid home occupation permit An application for a home occupation permit shall be submitted for approval, conditional approval, modification, or denial by the Director of Community Development prior to the establishment or operation of such use. A home occupation permit is not transferable.
D.
Findings. The Director of Community Development may approve, or conditionally approve a home occupation permit application only when the following findings can be made:
1.
The proposed home occupation is consistent with the goals and objectives of the general plan; and
2.
The proposed home occupation is compatible with adjacent properties and the surrounding community, and will not alter the residential character of the property; and
3.
The proposed home occupation will not have an adverse impact on the public health, safety and general welfare.
E.
Performance Standards. The Director of Community Development shall not approve an application for a home occupation permit unless the proposed home occupation meets all of the following performance standards:
1.
Such occupation shall be carried on only by the occupants of the dwelling unit and wholly within the dwelling unit or an accessory structure.
2.
Not more than 400 square feet or 25% of the total area of the dwelling unit and accessory structures, whichever is less, may be used for a home occupation. No portion of any required off-street parking area shall be used for the home occupation.
3.
Inventory and supplies for such home occupation shall occupy not more than 50% of the permitted area and shall be stored entirely within an enclosure or building.
4.
No goods or any other material related to the home occupation shall be purchased or acquired on the premises, except a transaction may occur by telephone, facsimile, computer modem, or other similar means not requiring personal contact.
5.
No clients, employees, or other persons associated with the business, other than occupants of the dwelling, are allowed on the premises, unless all of the following conditions apply:
6.
No advertising signs or displays are permitted.
7.
No activities shall be conducted which emit dust, fumes, vibrations, noise, radio/electrical interference, light, glare, or odor, which would or could interfere with the peaceful use and enjoyment of adjacent properties.
8.
No equipment requiring specialized electrical installation, or requiring over 220 volts of power to operate are allowed.
9.
No noise shall be generated in violation of Chapter 9.04, Article III of the Norwalk Municipal Code.
10.
Delivery of goods or any materials related to the home occupation may not occur more than three times per each week. This requirement shall not be construed to include letter correspondence. The purpose and intent of this requirement is to limit the number of deliveries of packages and equipment, which will result in a substantial increase in the number of truck deliveries.
11.
No listing or advertising of the address of such home occupation for business purposes is permitted except in normal listing, not including display ads in telephone, business and City directories and in newspapers and magazines. The telephone number and address may be listed on business cards.
12.
No portion of the business, including, but not limited to, equipment, activities, and materials, shall be visible from a public or private street or right-of-way.
13.
Activities conducted, and equipment and material stored or used, shall not change the fire safety or occupancy classifications of the premises.
F.
Conditions of Approval. In approving an application for a home occupation permit, the Director may impose conditions deemed necessary to ensure that the home occupation will be conducted in accordance with required findings.
G.
Mailing of the Decision. If the home occupation permit is approved, then the Director shall mail a copy of the conditions of approval to the owner and/or occupant of any adjacent residential property.
H.
Appeals. The applicant for a home occupation permit may appeal any decision of the Director of Community Development to the Planning Commission, by filing a written request with the Community Development Department within 10 days from the date the written decision of the Director of Community Development is mailed or delivered.
I.
Revocation.
1.
A home occupation permit may be immediately revoked or modified by the Director of Community Development if any one of the following findings can be made.
2.
Revocation of a home occupation shall constitute the immediate nullification of the home occupation permit and requires immediate cessation of the subject use.
3.
The decision of the Director to revoke a home occupation permit shall be final unless appealed.
(Prior code § 27-5.1(j); Ord. 1452§ 1, 1996; Ord. 21-1722 § 2)
§ 17.02.160 Sexually oriented business entertainer permit.
A.
Permit Required. It is unlawful for any person to perform at a sexually oriented business unless such person first obtains from the Director, and continues to maintain in full force and effect a sexually oriented business entertainer permit.
B.
Persons Eligible. No person less than 18 years of age shall be eligible for a sexually oriented business entertainer permit.
C.
Application Requirements. The following shall be submitted to the Director at the time of application for a sexually oriented business entertainer permit.
1.
A completed application form signed by: (a) the applicant; and (b) the owner of the sexually oriented business in which the applicant intends to perform.
2.
The applicant's legal name and any other names (including stage names and aliases) used by the applicant.
3.
Age, date and place of birth.
4.
Height, weight, hair and eye color.
5.
Present residence address and telephone number.
6.
Whether the applicant has ever been convicted of:
a.
Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.
b.
The equivalent of the aforesaid offenses committed outside the State of California.
7.
State drivers license or identification number.
8.
Satisfactory written evidence that the applicant is at least 18 years of age.
9.
The applicant's fingerprints on a form provided by the Los Angeles County Sheriffs Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.
10.
A nonrefundable application fee in an amount set by resolution of the City Council.
D.
Grounds for Denial. The Director shall deny an application for a sexually oriented business entertainer permit for any of the following causes:
1.
The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;
2.
The applicant is under 18 years of age;
3.
The sexually oriented business entertainer permit is to be used for performing in a business prohibited by State or City law.
4.
The applicant has been convicted of any of the offenses enumerated in subsection (C)(6)(a) of this section or an equivalent offense committed outside the State of California; provided, however, that such conviction shall not be grounds for denial if the conviction occurred more than five years prior to the date of the application.
E.
Approval or Denial of Permit. The Director shall, within three City business days of the filing of a compete application, approve and issue the sexually oriented business entertainer permit if there are no grounds for denying the permit; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three City business days of the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this subsection shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the City Council in accordance with subsection J of this section.
F.
Nontransferable.
1.
No sexually oriented business entertainer permit shall authorize the permittee to perform at a sexually oriented business other than the business stated in the application for the permit.
2.
No sexually oriented business entertainer permit issued pursuant to this section shall be transferable.
3.
Any attempt to transfer a sexually oriented business entertainer permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.
G.
Inspection of Permit. Every entertainer shall have his or her sexually oriented business entertainer permit available for inspection at all times during which such entertainer is on the premises of the sexually oriented business at which the entertainer performs.
H.
Grounds for Suspension or Revocation. The Director shall suspend or revoke a sexually oriented business entertainer permit for the following causes:
1.
The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City.
2.
The permittee has engaged in any of the activities described below while on the premises of a sexually oriented business:
a.
Unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
b.
Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation.
c.
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.
d.
Lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316. or 318 or Subdivision b of Section 647 of the California Penal Code.
e.
An act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.
f.
Any conduct prohibited by this section.
3.
Failure to abide by an disciplinary action previously imposed by an authorized City official.
I.
Procedure for Suspension or Revocation.
1.
Notice. On determining that grounds for permit revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least 10 days prior to the hearing date.
2.
Hearing. Hearings on the suspension or revocation of a sexually oriented business permit shall be conducted by the Commission. Hearings on the suspension or revocation of a sexually oriented business entertainer permit shall be conducted by the Director. All parties involved shall have a right to: (a) offer testimonial, documentary and tangible evidence bearing on the issues; (b) be represented by counsel; and (c) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A hearing may be continued for a reasonable time for the convenience of a party or a witness.
3.
Penalty. After holding the hearing in accordance with this subsection. upon determining that there are sufficient grounds for disciplinary action, the Commission or Director shall impose one of the following penalties:
4.
Disqualification. No application for a sexually oriented business permit or a sexually oriented business entertainer permit shall be accepted or processed for any person who has had an equivalent permit revoked within the preceding year period.
J.
Appeals.
1.
Who May Appeal. Any interested person may appeal the issuance, denial of issuance, suspension or revocation of a sexually oriented business permit or sexually oriented business entertainer permit to the City Council in accordance with the provisions of this section.
2.
Appeal Period. A written appeal petition must be fled with the City Clerk no later than 14 calendar days after the decision sought to be appealed; provided, however, that if the 14 days expires on a date that City Hall is not open for business. then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the City Council of jurisdiction to hear the appeal.
3.
Form of Appeal Petition. The appeal petition must indicate why the appellant contends the decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the decision. A fee in an amount established by resolution of the City Council shall be submitted with the appeal petition.
4.
Stay of Decision. The effectiveness of any decision to suspend or revoke a sexually oriented business permit or sexually oriented business entertainer permit shall be stayed during: (a) the appeal period set forth in subsection (J)(2) of this section; and (b) the pendency of any appeal.
5.
City Council Consideration. The City Council shall consider a timely-fled appeal at its first available regular meeting following submission of the appeal, unless the appellant consents in writing to an extension. At least 10 days prior to the appeal hearing before the City Council, written notice of such hearing shall be mailed to the appellant. The City Council may continue the appeal hearing as necessary or convenient.
6.
City Council Decision. No later than 45 days from the filing of a timely appeal, unless the appellant consents in writing to an extension, the City Council shall render a decision on the appeal. The City Council may affirm, modify, or reverse the decision being appealed. The decision of the City Council shall be made by resolution and shall be final. No later than three City business days after the City Council's decision, notice of the decision and a copy of the resolution shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review may be sought is governed by California Code of Civil Procedure Section 1094.6."
7.
Judicial Review. The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.
(Prior code §§ 27-48.15—27-48.19, 27-48.20(b), 27-48.21, 27-48.22; Ord. 1469 § 2 1997; Ord. 21-1722 § 2)
§ 17.02.170 Sexually oriented business permit.
A.
Permit Required. It is unlawful for any person to operate, engage in, conduct or carry on any sexually oriented business unless the owner of such business first obtains from the Commission, and continues to maintain in full force and effect, a sexually oriented business permit for such business.
B.
Persons Eligible. The owner of a proposed sexually oriented business shall be the only person eligible to obtain a sexually oriented business permit for such business. The owner shall not be eligible to obtain such permit unless the owner is at least 18 years of age.
C.
Application Requirements. The following shall be submitted at the time of application for a sexually oriented business permit:
1.
A completed application form signed by: (a) the applicant; and (b) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the sexually oriented business is to be conducted.
2.
The applicant's fingerprints on a form provided by the Los Angeles County Sheriffs Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.
3.
A letter which describes the proposed sexually oriented business and how it will satisfy the requirements of this section.
4.
A site plan designating the building and unit proposed for the sexually oriented business. The site plan shall include a dimensional interior floor plan which depicts how the business will comply with the requirements of this section. The site plan shall also include a diagram of the off-street parking areas required by Article II of Chapter 17.03.
5.
The names of all employees, owners, independent contractors, and other persons who will perform at the business.
6.
A statement, signed by the owner, certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct to the best of the applicant's information and belief.
7.
A nonrefundable application fee in an amount set by resolution of the City Council.
D.
Approval or Denial of Permit. The Commission shall, within 45 City business days of the filing of a complete application, approve and issue the sexually oriented business permit if the requirements of this section have been met; otherwise the permit shall be denied. The decision of the Commission shall be made by resolution. A copy of the Commission resolution approving or denying a permit, shall be given to the applicant by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three City business days of the date of such decision. If the application is denied, the resolution shall indicate the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Commission to the City Council in accordance with subsection P of this section.
E.
Nontransferable.
1.
No person shall operate a sexually oriented business under the authority of a sexually oriented business permit at any place other than the address stated in the application for such permit.
2.
No sexually oriented business permit issued pursuant to this section shall be transferable.
3.
Any attempt to transfer a sexually oriented business permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.
F.
Location Criteria.
1.
A sexually oriented business may be located in the following areas of the City, provided such business complies with subsection (E)(2) of this section:
a.
The area bounded on the north by Pumice Street, bounded on the south by Excelsior Drive, bounded on the west by Carmenita Road, and bounded on the east by the City boundary line; provided, however, that no sexually oriented business may be located on any property that has frontage onto Carmenita Road.
b.
The area bounded on the north by Leyva Street, bounded on the south by Alondra Boulevard, bounded on the west by Blackburn Avenue, and bounded on the east by Shoemaker Avenue; provided, however, that no sexually oriented business may be located on any property that has frontage onto Alondra Boulevard or Shoemaker Avenue.
2.
No sexually oriented business shall be located within 500 feet of any lot on which is located a business with an on-sale alcoholic beverage license. This distance shall be measured as a straight line from the primary entrance of the sexually oriented business to the property line of the business with the designated on-sale alcoholic beverage license.
G.
Design Standards.
1.
No sexually oriented business shall be located in any temporary or portable structure.
2.
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
3.
Landscaping shall not exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
4.
All off-street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by subsection (C)(4) of this section.
5.
The premises within which the sexually oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit of the same building.
6.
The building entrance to the sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the reasonable satisfaction of the Director.
7.
All indoor areas of the sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by management at all times.
8.
All areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area | Foot-Candles |
|---|---|
Bookstores, novelty stores and video stores | 20 |
Theaters and cabarets | 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles) |
Arcades | 10 |
Motels/Hotels | 20 (in public areas) |
Modeling studios | 20 |
9.
The sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from sexually oriented material; sexually oriented merchandise; and birth control devices. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a sexually oriented business which: (a) is not required to and does not provide restroom facilities to patrons or the general public, and (b) deals exclusively with sale or rental of sexually oriented material or sexually oriented merchandise which is not used or consumed on the premises.
10.
Sexually oriented arcades shall comply with the following additional requirements:
a.
The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this paragraph must be direct line of sight from the designated managers station.
b.
The view specified in subsection (G)(10)(a) of this section shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials.
c.
The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either: (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths.
11.
Sexually oriented cabarets and sexually oriented theaters shall comply with the following additional requirements:
a.
Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers' use, shall be provided.
b.
An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.
c.
Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three-foot-wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier separating the patrons and the entertainers. Such railing, fence or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers.
H.
Performance Standards.
1.
No sexually oriented business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (a) sexually oriented material; (b) sexually oriented merchandise; (c) specified sexual activities; or (d) any semi-nude person. This provision shall apply to any display, decoration, sign, show window or other opening.
2.
Exterior doors and windows of the sexually oriented business shall not be propped or kept open at any time while the business is open.
3.
Exterior windows of the sexually oriented business shall be covered with opaque covering at all times.
4.
Patrons shall not be permitted access to any area of the sexually oriented business which has been designated as an area in which patrons will not be permitted.
5.
No person under the age of 18 years shall be permitted within the sexually oriented business at any time.
6.
No sexually oriented business shall conduct or sponsor any activities which create a demand for parking spaces in excess of the number of spaces provided by the business.
7.
All exterior areas of the sexually oriented business, including landscaping and parking surfaces. shall be maintained in a clean and orderly manner at all times.
8.
The sexually oriented business shall maintain a security system that visually monitors and records all parking surfaces serving the business.
9.
Alcohol shall not be sold or consumed on the premises of the sexually oriented business.
10.
Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards.
a.
One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.
b.
The security guard(s) shall be: (i) certified by the State Commission on Peace Officer Standards and Training: (ii) currently employed, off-duty peace officer(s); and (iii) uniformed in such a manner so as to be readily identifiable as a security guard by the public.
c.
The security guard(s) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this section, and with notifying the Los Angeles County Sheriffs Department of any violations of law observed.
d.
No security guard required pursuant to this paragraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the managers station while acting as a security guard.
11.
No sexually oriented business shall operate between the hours of 12:00 a.m. and 8:00 a.m. on any particular day.
12.
Massage parlors shall comply with the following additional requirements:
a.
No person shall, for any form of consideration, administer to any individual of the opposite sex, any massage, alcohol rub, or similar treatment, fomentation, bath, or electric or magnetic treatment.
b.
No owner or other person with managerial control over a massage parlor shall permit any person on the premises of such business to administer to any individual of the opposite sex, any massage, alcohol rub, or similar treatment, fomentation, bath, or electric or magnetic treatment.
13.
Sexually oriented arcades shall comply with the following additional requirements:
a.
No viewing room or video booth may be occupied by more than one person at any one time.
b.
At least one employee shall be on duty and stationed at each manager's station at all times that a patron is present inside the premises.
c.
Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.
d.
Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.
e.
The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.
14.
Sexually oriented cabarets and sexually oriented theaters shall comply with the following additional requirements:
a.
No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least 10 feet from the nearest area occupied by patrons.
b.
No patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.
c.
No entertainer shall have physical contact with a patron before, during or after performances. This paragraph shall only apply to physical contact on the premises of the business.
d.
No patron shall have physical contact with an entertainer before, during or after performances. This paragraph shall only apply to physical contact on the premises of the business.
e.
No patron shall directly pay or give any gratuity to an entertainer.
f.
No entertainer shall solicit any gratuity from a patron.
g.
No owner or other person with managerial control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of specified anatomical areas.
I.
Display of Permit. Every sexually oriented business shall display at all times during business hours the sexually oriented business permit issued for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the business.
J.
Register and Permit Number of Entertainers.
1.
Maintenance. Every owner of asexually oriented cabaret and every owner of a sexually oriented theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainers legal name, stage name(s), and sexually oriented business entertainer permit number.
2.
Annual Filing. Every owner of a sexually oriented cabaret and every owner of a sexually oriented theater shall annually file with the Director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct to the best of the owners information and belief.
K.
Employment of Persons Without Permits. No permittee. owner, operator or other person in charge of a sexually oriented business shall allow any person to perform at the business unless such person is in possession of a valid sexually oriented business entertainer permit.
L.
Premises Inspections. The owner, operator, or other person in charge of a sexually oriented business shall allow City officers and their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of ensuring compliance with the law at any time the business is open or occupied.
M.
Conditions. The foregoing requirements of this section shall be deemed conditions of sexually oriented business permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of a sexually oriented business permit.
N.
Grounds for Suspension or Revocation. The Commission shall suspend or revoke a sexually oriented business permit for the following causes:
1.
The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City.
2.
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has knowingly failed to comply with any of the requirements of this section.
3.
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the sexually oriented business.
4.
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has committed a misdemeanor or felony in the conduct of the business.
5.
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has failed to abide by any disciplinary action previously imposed by an authorized City official.
6.
The approved use has been substantially enlarged without City approval.
O.
Procedure for Suspension or Revocation.
1.
Notice. On determining that grounds for permit revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least 10 days prior to the hearing date.
2.
Hearing. Hearings on the suspension or revocation of a sexually oriented business permit shall be conducted by the Commission. Hearings on the suspension or revocation of a sexually oriented business entertainer permit shall be conducted by the Director. All parties involved shall have a right to: (a) offer testimonial, documentary and tangible evidence bearing on the issues; (b) be represented by counsel; and (c) confront and crass-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A hearing may be continued for a reasonable time for the convenience of a party or a witness.
3.
Penalty. After holding the hearing in accordance with this subsection, upon determining that there are sufficient grounds for disciplinary action, the Commission or Director shall impose one of the following penalties:
4.
Disqualification. No application for a sexually oriented business permit or a sexually oriented business entertainer permit shall be accepted or processed for any person who has had an equivalent permit revoked within the preceding year period.
P.
Appeals.
1.
Who May Appeal. Any interested person may appeal the issuance, denial of issuance, suspension or revocation of a sexually oriented business permit or sexually oriented business entertainer permit to the City Council in accordance with the provisions of this section.
2.
Appeal Period. A written appeal petition must be filed with the City Clerk no later than 14 calendar days after the decision sought to be appealed; provided, however, that if the 14 days expires on a date that city hall is not open for business, then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the City Council of jurisdiction to hear the appeal.
3.
Form of Appeal Petition. The appeal petition must indicate why the appellant contends the decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the decision. A fee in an amount established by resolution of the City Council shall be submitted with the appeal petition.
4.
Stay of Decision. The effectiveness of any decision to suspend or revoke a sexually oriented business permit or sexually oriented business entertainer permit shall be stayed during: (a) the appeal period set forth in subsection (P)(2) of this section; and (b) the pendency of any appeal.
5.
City Council Consideration. The City Council shall consider a timely-filed appeal at its first available regular meeting following submission of the appeal, unless the appellant consents in writing to an extension. At least 10 days prior to the appeal hearing before the City Council, written notice of such hearing shall be mailed to the appellant. The City Council may continue the appeal hearing as necessary or convenient.
6.
City Council Decision. No later than 45 days from the filing of a timely appeal, unless the appellant consents in writing to an extension, the City Council shall render a decision on the appeal. The City Council may affirm, modify, or reverse the decision being appealed. The decision of the City Council shall be made by resolution and shall be final. No later than three City business days after the City Council's decision, notice of the decision and a copy of the resolution shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review may be sought is governed by California Code of Civil Procedure Section 1094.6."
7.
Judicial Review. The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.
Q.
Existing Sexually Oriented Businesses.
1.
Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this section in violation hereof shall be deemed a nonconforming use.
2.
Any sexually oriented business lawfully operating on the effective date of said ordinance which becomes nonconforming due to the location criteria enumerated in subsection E of this section shall cease operation, or otherwise be brought into full compliance with the location criteria of this section, not later than 20 years following the effective date of said ordinance.
3.
Any sexually oriented business lawfully operating on the effective date of said ordinance which becomes nonconforming due to either the design standards enumerated in subsection F of this section or the performance standards enumerated in subsection G of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the effective date of said ordinance.
4.
Any sexually oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to the location criteria enumerated in subsection E of this section shall cease operation, or otherwise be brought into full compliance with the location criteria of this section, not later than 20 years following the date of annexation.
5.
Any sexually oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to either the design standards enumerated in subsection F of this section or the performance standards enumerated in subsection G of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the date of annexation.
R.
Employment of and Services to Minors. No permittee, operator or other person in charge of a sexually oriented business shall allow any person who is not at least 18 years of age to enter or remain within the sexually oriented business. Any permittee, operator, or other person in charge of a business who allows any person who is not at least 18 years of age to enter or remain within the sexually oriented business shall be subject to a civil fine not to exceed $10,000 per violation, suspension or revocation of the sexually oriented business permit, or both such fine and suspension or revocation of the permit.
S.
Number of Businesses. No building, structure or other facility shall contain more than one type of sexually oriented business, as such types of sexually oriented businesses are defined in this section.
T.
Exclusions. This section shall not apply to those uses or activities the regulation of which is preempted by State law.
U.
Regulations Nonexclusive. The provisions of this section regulating sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this code or other law.
V.
Conflicts. If the provisions of this section conflict with or contravene any other provisions of this code, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this section.
(Prior code §§ 27-48.4—27-28.14, 27-48.20(a), 27-48.21—27-48.28; Ord. 1469 § 2, 1997; Ord. 21-1722 § 2)
§ 17.02.200 Towing service.
The operation of a towing service may be permitted in certain zones as specified, provided a permit has been first obtained and is in full force and effect. This permit shall be granted only if the Director finds that the proposed location, development and/or use is compatible with the purposes and intent of this title. The Director shall devise and employ standards and impose conditions as it finds necessary to assure such compatibility in order to protect the general public welfare.
(Prior code § 27-22.8; Ord. 21-1722 § 2)
§ 17.02.201 Yard sale and community yard sale permit.
A. "Community yard sale" "Yard sale"
Definitions.
shall be defined as any yard sale that the Community Development Director determines: (1) to be conducted by multiple households within a common geographical area or on a property developed with multiple units; and (2) to have the potential to generate substantially more vehicle or pedestrian traffic than normally associated with a yard sale from a single-family residence.
shall be defined as the sale, and display for the purposes of sale, of any personal goods, including items crafted by hand on the premises.
B.
Permit Required.
1.
No yard sale or community yard sale shall be established, operated, or conducted in any manner without the approval, issuance, and maintenance of a valid yard sale permit or community yard sale permit.
2.
An application for a yard sale or community yard sale permit shall be submitted for approval, conditional approval, modification, or denial by the Director of Community Development, or his or her duly authorized designee, prior to the establishment or operation of a yard sale or community yard sale.
3.
A yard sale permit or community yard sale permit shall be posted in a location clearly visible from the public street or right-of-way during each day and hour of operation of the yard sale or community yard sale.
C.
General Limitations.
1.
The property shall be developed with either a single-family dwelling or multifamily dwelling.
2.
All yard sales shall be conducted by a resident of the property.
3.
No person shall sell or offer for sale any new merchandise.
4.
No person shall sell or offer for sale any used merchandise that has been consigned or otherwise acquired for the purpose of resale.
D.
Maximum Number of Yard Sales Per Calendar Year. Not more than two yard sales may be conducted in any calendar year for each property. This limitation applies whether the property is developed with one or more dwellings.
E.
Maximum Number of Community Yard Sales Per Calendar Year. In addition to any yard sale conducted in accordance with Section 17.02.201(D), each property may participate in a maximum of one community yard sale per calendar year.
F.
Duration of Each Yard Sale or Community Yard Sale. No yard sale or community yard sale may be conducted for more than two consecutive calendar days.
G.
Maximum Number of Signs Permitted. One sign, not exceeding a total of six square feet in area, may be used on the applicant's premises during the period of sale. The sign shall not have more than two sides.
H.
Enforcement.
1.
Any person who violates this section of the Norwalk Municipal Code, or any part thereof, shall be guilty of an infraction for each day that a violation occurs.
I.
Revocation. A yard sale permit or community yard sale permit may be immediately revoked or modified by the Director of Community Development if any one of the following findings can be made. The decision of the Director shall be final unless appealed.
J.
Appeals. The applicant or any interested parties for a yard sale permit or community yard sale permit may appeal any decision of the Director of Community Development, including the decision to approve, conditionally approve, deny, or revoke a yard sale permit or community yard sale permit, to the Planning Commission, by filing a written request with the Community Development Department within 10 days from the date the written decision of the Director of Community Development is mailed or delivered.
(Ord. 09-1617 § 1; Ord. 21-1722 § 2)
§ 17.02.202 Reasonable accommodation procedure.
A.
Purpose. It is the purpose of this section to establish a procedure for disabled persons or their representatives to request a reasonable accommodation from the City's zoning laws, codes and land use regulations, policies, practices and procedures to provide disabled persons with an equal opportunity to use and enjoy a dwelling.
B.
Reasonable Accommodation Request.
1.
Requests for a reasonable accommodation may be made by any disabled person, representatives or a developer or provider of housing for disabled persons, by completing a reasonable accommodation request form and filing it with the Community Development Department.
2.
If an individual needs assistance in making the request for a reasonable accommodation, the Department shall provide the assistance necessary to ensure that the process is accessible to the applicant.
3.
Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by State or Federal law.
4.
A request for a reasonable accommodation shall include the following information:
a.
Explanation of why the specified code section, regulations, procedure or policy is denying, or will deny a disabled person equal opportunity to use and enjoy a dwelling;
b.
A basis for the claim that the Fair Housing Laws apply to the applicant and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional or other appropriate evidence;
c.
Detailed explanation of why the accommodation is reasonable and necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; and
5.
If the reasonable accommodation request is for a project that also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the application shall file the required reasonable accommodation request form together with the applicant for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. If the project's other discretionary permit or approval requires Planning Commission approval, then the request for reasonable accommodation shall also be referred to the Planning Commission for approval in accordance with this section.
6.
The Director of Community Development, or designee ("Director"), may request additional information necessary for making a determination on the request for a reasonable accommodation. The Director's request shall specify in detail the requested information. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant fully responds to the request for information.
C.
Written Decision.
1.
The Director shall issue a written notice of decision within 30 days of the date the application is deemed complete. The Director may grant the request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision shall set forth the findings and any conditions of approval. The written decision and notice of the right to appeal shall be mailed to the applicant.
2.
Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall record a covenant in the County Recorder's office, in a form approved by the City Attorney, acknowledging and agreeing to comply with the terms and conditions of the approved reasonable accommodation.
3.
A reasonable accommodation is granted to an individual(s) and shall not run with the land, unless the Director finds, at the time of approval of the accommodation, that the modification is physically integrated with the structure and cannot feasibly be removed or altered.
4.
The written decision of the Director is final, unless appealed.
D.
Required Findings. The reasonable accommodation shall be approved, with or without conditions, if the Director finds, based upon all of the evidence presented, that all of the following findings can be made:
1.
The dwelling that is the subject of the request for reasonable accommodation will be occupied by a disabled person;
2.
The requested accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy a dwelling;
3.
The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws; and
4.
The requested accommodation will not require a fundamental alteration to the City's zoning laws, policies, and/or procedures as defined in the Fair Housing Laws.
The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section or the General Plan, or are appropriate to protect the public health, safety, or welfare. The Director may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area. |
E.
Expiration.
1.
Any reasonable accommodation approved in accordance with the terms of this section shall expire within 180 days from the issuance of the final decision, or at an alternative time specified in the approval, unless:
2.
If the disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation expires unless the Director makes either of the following findings:
a.
That such accommodation is physically integrated with the property and cannot feasibly be removed or altered;
b.
Another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling now occupies the dwelling. The Director may request that the person seeking to retain the accommodation provide documentation that the occupants are disabled persons and the existing accommodation is necessary for them to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.
F.
Revocation or Modification.
1.
If the Director determines that evidence could be presented to the Planning Commission that may support grounds for revocation or modification of an approved reasonable accommodation, and the Director believes that the Planning Commission may find that such evidence is adequate to support revocation or modification of the reasonable accommodation, then the Director may initiate a revocation proceeding before the Planning Commission.
2.
Upon initiation of a revocation proceeding, the Planning Commission shall hold a public hearing regarding the possible revocation or modification of the reasonable accommodation. Notice of such hearing shall be provided in the same manner as the notice required to be provided in Section 17.02.050(B). Planning Commission, after such hearing, may revoke or modify the reasonable accommodation if the Planning Commission determines that:
a.
There has been a change in the disabled person's use of the property or need for the reasonable accommodation that negates the basis for the approval of the reasonable accommodation;
b.
The application, or other information presented to the City in conjunction with the request for a reasonable accommodation, included false information; or
c.
Any of the conditions or terms of such approval are violated, or any law or ordinance is violated in connection therewith.
3.
Upon revocation of the reasonable accommodation, the property shall be brought into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted in order to allow the reasonable accommodation.
G.
Appeals.
1.
The applicant may appeal any decision of the Director of Community Development to the Planning Commission, or the decision of the Planning Commission may be appealed to the City Council, which shall affirm, reverse or modify such decisions.
2.
The applicant may appeal by filing a written request with the Community Development Department within 10 days from the date the written decision of the Director of Community Development is mailed or delivered.
3.
Notice of the appeal, and of the appeal hearing before the Planning Commission or City Council, shall be pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F).
(Ord. 14-1657 § 7; Ord. 21-1722 § 2)
§ 17.02.203 Director approval requests.
A.
Purpose. The purpose of this chapter is to provide a streamlined process for administrative approval of certain requests to encourage existing property and business owners to make improvements to their properties and/or businesses and allow new businesses to open and operate more quickly, while ensuring they meet the intent of the General Plan and this title.
B.
Review Authority. Director approval requests include the approval of certain minor development and land use requests and adjustments or waivers of certain development standards, subject to the limitations of this section and chapter. The Director may at his or her discretion refer any request to the Planning Commission for review.
C.
Types of Approvals. The Director may administratively approve the following:
1.
2.
Minor developments:
a.
Building additions up to 30% of the existing building's gross floor area on properties zoned for nonresidential uses.
c.
Façade improvements on properties zoned for nonresidential uses.
d.
Modifications to approved master sign programs.
e.
Artificial turf in any zone, pursuant to the standards contained in Section 17.03.010.H.
f.
New single-family residences on substandard lots.
g.
Modifications/reconfigurations to parking layouts, pursuant to the standards contained in Section 17.30.050.
h.
All wayfinding signage and modifications to on-premises and off-premises approved wayfinding signage.
3.
Adjustments and/or waivers:
a.
Setbacks: Deviation up to 10% for required setbacks and existing non-conforming setbacks in any zone, if such deviation is deemed to be in the best interest of the site plan design and alternative landscaping is provided elsewhere within the development.
b.
Building height: Deviation up to 10% for building heights in any zone.
c.
Deviations from standards for drive-through or drive-up establishments.
f.
Landscape requirements: Deviation of up to 20% of required landscaping, as set forth in Section 17.03.010.
g.
Design standards: Deviation of design standards in any zone.
D.
Application Requirements. A letter requesting an administrative approval, a site plan, and any other information as deemed necessary by the Director shall be submitted to the Planning Division of the Community Development.
E.
Fees. Applications for an administrative approval shall be accompanied by the payment of a fee per fee resolution adopted by City Council.
F.
Findings. The Director shall make one or more of the following findings upon the issuance of an administrative approval:
1.
The administrative approval is consistent with the purposes and intent of the Zoning Code.
2.
The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the administrative approval.
3.
The administrative approval will not produce a result that is out of character or detrimental to the public health, safety and welfare or adversely affect property values or the present or future development of surrounding area.
4.
The administrative approval is directly related to and further mitigates impacts caused by a public acquisition.
5.
The administrative approval would bring the property closer to overall conformance with the purposes and intent of the Zoning Code.
6.
The administrative approval would not substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in the surrounding vicinity.
7.
The administrative approval is needed for safety reasons, or to comply with other applicable codes, laws, ordinances, rules and regulations.
8.
The administrative approval will enhance architectural compatibility between the proposed structure and existing structures in the surrounding area.
G.
Conditions of Approval. The Director may attach conditions of approval as deemed necessary to satisfy one or more of the required findings.
H.
Appeal Procedure for Administrative Approval Requests.
1.
The decision of the Director may be appealed to the Planning Commission, or the decision of the Planning Commission may be appealed to the City Council, which may affirm, reverse or modify such decision.
2.
Appeal petitions shall be submitted in writing, and accompanied by the payment of a fee per fee resolution adopted by City Council.
3.
The Director shall prescribe the form and the type of information to be provided by the appellant.
4.
Any appeal petition shall be filed in writing with the Director within 10 calendar days after the date that notice of the decision is mailed to the applicant. If the last day of the filing period falls on a day that City Hall is not open for business, then the appeal period shall be extended to include the next day on which City Hall is open for business.
5.
Upon the filing of an appeal petition, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the Planning Commission or City Council.
6.
Notice of the appeal, and of the appeal hearing before the Planning Commission or City Council, shall be pursuant to the hearing and noticing requirements contained in Sections 17.02.050.A.4 and 17.02.090.F.
7.
The decision of the City Council shall be final.
I.
Revocation. The Planning Commission may, after a hearing pursuant to requirements for revocation of a conditional use permit contained in Chapter 17.02, Article I, revoke or modify any administrative approval on any one or more of the following grounds:
1.
That the administrative approval was obtained by fraud or misrepresentation;
2.
That the administrative approval granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3.
That the use permitted by the administrative approval is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
§ 17.02.204 Unclassified uses.
A.
Purpose. It is recognized that, in the development of a comprehensive zoning ordinance, not all uses of land can be listed nor can all future uses be anticipated, and that a use may have been omitted from the list of those specified as permissible in the various zones, or ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title. Such unlisted uses are sometimes herein referred to as "unclassified uses."
B.
Approval of Unclassified Uses. In addition to the permitted uses listed in each zone, presently unlisted uses may be permitted in the zone when approved in accordance with the provisions of this section. The term "permitted uses" includes "conditionally permitted uses."
C.
Procedure for Approval.
1.
Any person seeking to establish an unclassified use as a permitted use in any commercial or industrial zone may submit a written request to the Director. The Director shall make a determination based upon the findings required by subsection D of this section. Any interested person dissatisfied with the decision of the Director may appeal such decision to the Planning Commission within 10 days after the date of action taken by the Director.
2.
The approval of an unclassified use by the Director shall become effective one day after the determination, except that, if appealed to the Planning Commission it shall become effective 10 days after approval by the Planning Commission.
3.
The Director may, at his or her discretion, refer any request to the Planning Commission for determination.
D.
Findings. Any unclassified use may be permitted where it is determined to be similar to the other permitted uses in the zone and not more obnoxious or detrimental to the public health, safety and welfare than such other permitted uses. Such a determination may be made where the approving body finds that all of the following conditions exist:
1.
That the subject use and its operation are consistent with the goals and objectives of the general plan.
2.
That the subject use and its operation are consistent with the purposes and intent of the zone within which the use is proposed to be located.
3.
That the subject use is a compatible use in all areas of the City where the zoning in question is applied.
4.
That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located. Uses shall be deemed to be similar only where the size, scale, design and impact of the uses are comparable. Uses shall not be deemed to be similar when the operation of the proposed use involves greater impacts in terms of traffic, parking, noise, glare, odor, refuse or other environmental considerations; generates greater demand for public services; does not have comparable hours of operation; is significantly more intensive in the number of employees, patrons and other users of the facility; or is not complementary to other uses in the zone.
5.
That the subject use and its operation will not adversely affect other permitted uses in the zone within which the use is proposed to be located.
6.
That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected.
(Prior code §§ 27-18.51—27-18.54; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.02.205 Precise development plans.
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 general welfare. No provision of this section 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 Section 17.02.105 Review authority table, as well as the following development and use applications:
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 herein.
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, and 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 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 section.
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 ensure 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.
2.
The decision of the Director shall become final and effective 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 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. 23-1746, 12/5/2023)
§ 17.02.210 Conditional use permits.
A.
Authority of Planning Commission to Grant Conditional Use Permits. The Planning Commission may grant a conditional use permit for those uses which are so allowed by this title. In the granting of any conditional use permit, the Planning Commission may impose such conditions as it determines are necessary and reasonable to protect the best interests of the surrounding property or neighborhood and to ensure compliance with the general purpose and intent of this title and the general plan, and shall impose such conditions as are required by the provisions of this title.
B.
Purpose of and Required Showing for Conditional Use Permit. The purpose of a conditional use permit shall be to ensure that the degree of compatibility required by this title shall be maintained with respect to the particular use on the particular site, giving consideration to other existing and potential uses within the general area in which such use is located or proposed to be located.
C.
Notice and Hearing on Application for Conditional Use Permit. Upon the filing by the property owners, by a lessee having a written and acknowledged lease, or by a beneficial or equitable owner of an application for a conditional use permit, in accordance with the procedures and requirements set forth in Chapter 17.02, Article II, which application sets forth fully the grounds for, and the facts claimed to justify the granting of, a conditional use permit, the Planning Commission shall give public notice, as provided in this title, of the intention to consider at a public hearing the granting of a conditional use permit, and shall hold at least one public hearing thereon.
D.
Planning Commission Report on Findings and Decision. No more than 40 calendar days following the closing of a public hearing on an application for a conditional use permit, the Planning Commission shall, unless it adopts a motion directing that another public hearing be held thereon, adopt its findings and final decision by formal report. The report shall recite, among other things, the facts and reasons which, in the Planning Commission's opinion, make the granting or denial of a conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that a conditional use permit is thereby granted or denied; and, if such report orders that the conditional use is granted, it shall also recite such conditions and limitations as are imposed. Failure of the Planning Commission to file its report within such period shall not constitute the granting or denial of a conditional use permit, and shall not affect the validity of a report issued after the expiration of such period.
E.
Report of the Planning Commission. The formal report of the Planning Commission, granting or denying any application for a conditional use permit, shall be promptly filed, shall be numbered consecutively in the order of its filing, and shall become a permanent record in the file of the Planning Commission.
F.
Notice of Decision of the Planning Commission. Not later than three calendar days following the filing of a report granting or denying a conditional use permit, a copy of the report shall be delivered or mailed by certified or registered mail to the applicant or applicants, utilizing, in the case of mailing, any address shown on the application or other documents filed with the Commission. Notice of the Commission's action granting or denying a conditional use permit shall be delivered or mailed to each member of the City Council, the City Manager, the City Attorney, and each person who has filed with the department a request for notice of decision in the particular case. A copy of such report shall be posted in a prominent place in the City Hall, designated for such purpose by the City Manager, from not later than, three days following until at least the 10th day following the filing of the report, but failure to so post any such notice shall not extend the time of becoming effective of any decision of the Commission.
G.
Decision of the Planning Commission—When Final—Appeal. The decision of the Planning Commission shall become final and effective 10 days after delivery or mailing of all of the notices required by Section 17.02.120(F) unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
H.
Appeal Procedure.
1.
If an appeal in writing is filed with the City Clerk as provided in Section 17.02.210(G) or if the City Council elects on its own motion to review the action of the Planning Commission as provided in Section 17.02.210(G), the complete record of the case shall be transmitted to the Council.
3.
The City Council shall announce, within 40 days of the closing of the public hearing, its decision granting or denying a conditional use permit by adoption of a report or resolution, which shall set forth the reasons for its decision and shall indicate wherein such decision conforms to the intent and purpose of this title. In such proceedings, no finding, decision, order, stipulation or other action of the Commission shall bind the City Council.
4.
The action of the City Council shall be final.
5.
Within 10 days following the adoption of the report of resolution by the City Council, one copy thereof shall be forwarded to the applicant or the appellant or both, as the case may be, and one copy shall be transmitted to the Commission for filing.
I.
Time Interval for Re-application for a Conditional Use Permit. A minimum time interval of one year is required between the final denial of a conditional use permit and the refiling of a subsequent application that is the same or substantially the same as that previously denied.
J.
Expiration. Any conditional use permit shall be null and void:
1.
If not exercised within the time specified in such conditional use permit or, if no date is specified, within one year from the date of approval of the conditional use permit;
2.
If the use for which approval was granted has ceased to exist or has been suspended for a continuous period of one year or more; or
3.
Upon revocation or rescission, as provided in this title.
K.
Revocation. The Planning Commission may, after a hearing, compliance being had with applicable requirements of Chapter 17.02, Article I, revoke or modify any conditional use permit on any one or more of the following grounds:
1.
That the conditional use permit was obtained by fraud or misrepresentation;
2.
That the conditional use permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3.
That the use permitted by the conditional use permit is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
L.
Conditional Use Permits for Certain Public Uses. No formal application procedures shall be required for consideration and granting of conditional use permits for the following uses:
M.
Required Showing for Conditional Use Permit. A conditional use permit may be granted if it would be consistent with the purpose and intent of this title and the general plan and would serve the public convenience and welfare.
N.
Appeal from Revocation or Modification of Conditional Use Permit. An appeal may be taken to the Council from the action of the Commission in revoking or modifying any conditional use permit pursuant to subsection K of this section. The procedures followed by the City Council in such matters shall, in all respects, conform to the procedures established for the granting or denying of such conditional use permits and appeals in connection therewith.
(Prior code §§ 27-18.1—27-18.14; Ord. 21-1722 § 2)
§ 17.02.230 Plot plans.
When any lot or parcel in the R-1 or R-H zones contains a greater area than the required minimum area of the zone in which it is contained, then each complete unit of the required minimum area contained in such lot or parcel may be utilized as a separate building site; provided, however, that a plot plan showing the proposed number and location of buildings, each of which would be in compliance with the minimum area, height, yard and other. requirements of this title, shall first be filed with and approved by the Planning Commission. Before any plot plan is approved, a public hearing shall be held before the Planning Commission with notice given to the adjacent property owners and published in accordance with the provision of Section 17.02.050(A)(3) of the Norwalk Municipal Code. At the public hearing the Planning Commission shall determine that the utilization as a separate building site of a portion of a lot or parcel will not adversely affect the established character of the district and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity; and that the approval of such plot plan will not adversely affect a general plan being prepared for the City or as adopted. No division of any such lot or parcel is permitted until and unless a parcel map has been filed and approved by the Planning Commission and all conditions of the parcel map have been complied with, or in the alternative, a subdivision map has been recorded as provided in the subdivision requirements as set forth in Title 16, and subject to the Subdivision Map Act as contained in the Government Code of the State.
This section is subject to the provisions of Section 17.02.210(G) regarding appeal.
(Prior code § 27-23.11; Ord. 21-1722 § 2)
§ 17.02.240 Reserved.
(Prior code §§ 27-30.1—27-30.5; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.02.250 Sign use permits.
A.
Authority. The Planning Commission shall grant a sign use permit for such sign(s) as this section requires to be reviewed, provided such sign(s) will not adversely affect the public health, safety, and welfare, complies with the purpose and intent of Chapter 17.03, Article III, as stated in Section 17.03.090 and complies with the general plan, policies and criteria established by the Planning Commission and City Council. Such conditions may be imposed as are determined necessary and desirable to accomplish the purpose of this chapter.
B.
Signs Requiring Sign Use Permits.
1.
Advertising statuary;
2.
Billboards;
4.
Revolving signs;
5.
Off-site subdivision tract signs;
6.
Neighborhood or permanent tract signs;
7.
Master Sign Plans. Additional limitations may be imposed restricting the height, area, number, color, location, and type of sign, than those specified in the particular zone, in order to provide expected unity and continuity and prevent unsightly clutter and disarray.
a.
Signs shall be compatible with the design motif of buildings in the commercial or industrial center and shall incorporate common design elements such as materials, letter style, colors, illumination, type of sign, location and/or shape.
b.
A master sign plan shall be filed by the property owner(s) or developer(s), and may specify a schedule for bringing existing signs within the center into compliance with a master sign plan.
C.
Application and Hearing. In addition to application requirements specified in Section 17.03.100, the applicant shall submit a list of names and addresses of property owners and of tenants of commercial businesses located, within 100 foot radius of the subject property the property owners list to be obtained from current assessment rolls and the commercial tenant list from personal observation. Notification of the request and date of hearing shall be mailed to property owners and to commercial tenants at least 10 days prior to the hearing date.
D.
Fees. Filing fees for sign use permits shall be as established by City Council.
(Prior code § 27-25.11; Ord. 21-1722 § 2)
§ 17.02.255 Special Sign District.
A.
Purpose. This section 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 forth in this section.
D.
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 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 or more of the following uses: 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).
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.
(Ord. 24-1748, 10/1/2024)
§ 17.02.260 Text amendments.
A.
Procedures for Adoption of Text Amendments. Except as specifically supplemented herein, Chapters 3 and 4 of Division 1 of Title 7 of the California Government Code establish the procedure to be followed regarding amendments to this title.
B.
Initiation of Text Amendments. Amendments to this title, for the purpose of imposing a regulation or modifying or removing any regulation imposed by this title (herein after referred to as a "text amendment") shall be initiated by one of the following methods:
C.
Commission to Hold Hearings on Text Amendments—Notice. Upon the initiation of a text amendment in the manner prescribed in subsection B of this section, the Planning Commission shall promptly hold at least one public hearing thereon. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such hearing may be continued from time to time.
D.
Commission to Make Written Recommendation to City Council. Upon the conclusion of such hearing, the Planning Commission shall instruct the secretary of the Commission or his or her duly authorized deputy, to prepare and transmit to the City Council the written recommendation of the Commission upon the proposed zone change or text amendment, together with the staff report. Such recommendation shall include the reasons or findings of the Commission, constituting the basis for the recommendation, and shall be signed by the secretary of the Commission or his or her duly authorized deputy.
E.
Notice of Commission's Decision. Within 10 calendar days from the date the Planning Commission renders its decision, the secretary of the Commission, or his or her duly authorized deputy, shall transmit such recommendation (together with the staff report) to the City Council by delivering same to the City Clerk, and shall forward a copy thereof to the applicant, if any. The applicant's copy of such recommendation shall be forwarded by mail to the address shown upon the application.
F.
Effect of Planning Commission's Decision—Appeal. The decision of the Commission recommending approval of a text amendment or recommending the denial of a text amendment, shall be automatically reviewed by the City Council at a public hearing as hereinafter provided.
G.
Transmission of Commission's File. Upon the filing of a written recommendation of the Commission, recommending adoption of a text amendment or recommending the denial of a text amendment to this title, or upon receipt of a written appeal filed with the City Clerk by the applicant, the secretary of the Commission, or his or her duly authorized deputy, shall transmit forthwith to the City Clerk the Commission's complete case file.
H.
Hearing by the City Council. Following the receipt of either:
1.
A written recommendation from the Commission recommending the adoption of a text amendment; or
2.
A written recommendation from the Commission recommending against the adoption of a text amendment to this title, or
The City Clerk shall schedule a hearing as required by Government Code Section 65856, and the City Council shall conduct at least one public hearing on the matter. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such, hearing may be continued from time to time.
I.
Findings and Decision of Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. Where the decision of the Council is to approve the recommendation of the Planning Commission, such decision may be rendered in the form of a motion, which motion may include the adoption of the reasons or findings of the Planning Commission. A decision of the City Council to modify or disapprove the recommendation of the Planning Commission shall be rendered in the form of a written resolution which shall recite, among other things, the reasons or findings which, in the opinion of the City Council, make the disapproval or modification of the Commission's recommendation necessary to carry out the general purposes and intents of this title.
J.
Notice of Decision of City Council. Not later than the 10th day following the adoption of the findings and decision of the City Council, notice of such action shall be forwarded to the applicant, if any, and to the Commission. If the City Council shall adopt a decision which disapproves or modifies the recommendation of the Commission, then a copy of the resolution setting forth the City Council's findings and decision shall be referred to the Commission for further report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report, in writing, to the City Council within 40 days after such referral, shall be deemed to constitute approval by the Commission.
K.
Enactment of Zone Change or Text Amendment to Title. Upon adoption by the City Council of its findings and decision, a text amendment may be adopted as other ordinances are adopted, provided, however, that, where referral has been made to the Commission under subsection J of this section, no such ordinance shall be adopted within 40 days after such referral, or until the receipt of the report and recommendation of the Commission upon the referred findings and decision of the City Council, whichever period is shorter.
(Prior code §§ 27-21.1, 27-21.3, 27-21.4—27-21.12; Ord. 21-1722 § 2)
§ 17.02.280 Variances.
A.
Planning Commission May Grant Variances. When practical difficulties, unnecessary hardships, or consequences inconsistent with the general purpose of this title would result from the strict and literal interpretation and enforcement of the provisions of this title, the Planning Commission shall have the authority, subject to the provisions of this section, to grant, upon such conditions as it may determine, such variance from the provisions of this title as may be in harmony with its general purpose and intent so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done.
B.
Limitation of Variance. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone or which is contrary to the public interest.
C.
Required Showing for Variance. Before any variance may be granted, it shall be shown:
1.
That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or classes of use in the same vicinity and zone;
2.
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question;
3.
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; and
4.
That the granting of such variance will not adversely affect a general plan of the City as contemplated by the Government Code of the State.
D.
Notice and Hearing on Application for Variance. Upon the filing by the property owners, by a lessee having a written and acknowledged lease, or by a beneficial or equitable owner of an application for a variance, in accordance with the procedure and requirements set forth in Chapter 17.02, Article I, which application sets forth fully the grounds for and the facts claimed to justify the granting of a variance, the Planning Commission shall give public notice as provided in this title of the intention to consider at a public hearing the granting of a variance and shall hold at least one public hearing thereon.
E.
Planning Commission to Make Report on Findings and Decision. No more than 40 calendar days following the closing of a public hearing on an application for a variance, the Planning Commission shall, unless it adopts a motion directing that another public hearing be held thereon, adopt its findings and final decision by formal report. This report shall recite, among other things, the facts and reasons which, in the Commission's opinion, make the granting or denial of a variance necessary to carry out the provisions and general purpose of this title, and shall order that a variance is thereby granted or denied; and, if such report orders that the variance is granted, it shall also recite such conditions and limitations as are imposed. Failure of the Commission to file its report within such period shall not constitute the granting or denial of a variance, and shall not affect the validity of a report issued after the expiration of such period.
F.
Report of the Planning Commission. The formal report of the Planning Commission granting or denying an application for a variance shall be promptly filed, shall be numbered consecutively in the order of its filing, and shall become a permanent record in the file of the Commission.
G.
Notice of Decision of the Planning Commission. Not later than three calendar days following the filing of a report granting or denying a variance, a copy of the report shall be delivered or mailed by certified or registered mail to the applicant or applicants, utilizing, in the case of mailing, any address shown on the application or other documents filed with the Planning Commission, and it shall be delivered or mailed by certified or registered mail to each member of the City Council, the City Administrator, the City Attorney, and each person who has filed with the Planning Commission or Planning Department a request for notice of decision in the particular case. A copy of such report shall be posted in a prominent place in the City Hall, designated for such purpose by the City Administrator, from not later than three days following until at least the 10th day following the filing of the report; but failure to so post any such notice shall not extend the time of becoming effective of any decision of the Planning Commission.
H.
Decision of the Planning Commission—When Final—Appeal. The decision of the Planning Commission shall become final and effective 10 days after delivery or mailing of all of the notices required by subsection G of this section, unless, prior 5:00 p.m. of the 10th day, either of the following has occurred:
I.
Appeal Procedure.
1.
If an appeal in writing is filed with the Council as provided in subsection H of this section, or if the City Council elects on its own motion to review the action of the Planning Commission as provided in subsection H of this section, the complete record of the case shall be transmitted to the City Council.
3.
The City Council shall announce, within 40 days of the closing of the public hearing, its decision granting or denying a variance, by adoption of a resolution which shall set forth the reasons for its decision and shall indicate wherein such decision conforms to intents and purposes of this title. In such proceedings, no finding, decision, order, or stipulation or other action of the Planning Commission shall bind the City Council.
4.
The action of the City Council shall be final.
5.
Within 10 days following the adoption of the resolution by the City Council, one copy thereof shall be forwarded to the applicant or the appellant, or both, as the case may be, and one copy shall be transmitted to the Planning Commission for filing.
J.
Time Interval for Reapplication for a Variance. A minimum time interval of one year is required between the final denial of a variance and the re-filing of a subsequent application that is the same or, substantially the same as that previously denied.
K.
Expiration. Any variance shall be null and void:
1.
If not exercised within the time specified in such variance or, if no date is specified, within one year from the date of approval of said variance;
2.
If the condition for which a variance was granted has ceased to exist for a continuous period of one year or more; or
3.
Upon revocation or rescission, as provided in this title.
L.
Revocation. The Planning Commission may, after a public hearing, compliance being had with applicable requirements of Chapter 17.02, Article I, revoke or modify any variance on any one or more of the following grounds:
1.
That the variance was obtained by fraud or misrepresentation;
2.
That the variance granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3.
That the condition permitted by the variance is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
M.
Appeal From Revocation of Modification of Variance. An appeal may be taken to the City Council from the action of the Planning Commission in revoking or modifying any variance pursuant to subsection L of this section. The procedure followed by the Commission and the City Council in such matters shall in all respects conform to the procedure established for the granting or denying of such variances and appeals in connection therewith.
(Prior code §§ 27-17.1—27-17.13; Ord. 21-1722 § 2)
§ 17.02.290 Zone changes.
A.
Procedures for Adoption of Zone Changes. Except as specifically supplemented herein, Chapters 3 and 4 of Division 1 of Title 7 of the California Government Code establish the procedure to be followed regarding amendments to this title.
B.
Initiation of Zone Changes. Amendments to this title, for the purpose of changing or reclassifying any property from one zone to another (hereinafter referred to as a "zone change") shall be initiated by one of the following methods:
1.
Adoption of a resolution of intention by the City Council; or
2.
Adoption of a resolution of intention by the Planning Commission; or
3.
Verified application to the Planning Commission by one or more owners of property proposed to be changed from one zone to another or by a prospective owner under a bona fide contract for purchase of such property, setting forth reasons of public necessity, convenience, health, safety or welfare requiring such zone change.
C.
Commission to Hold Hearings on Zone Changes—Notice. Upon the initiation of a zone change in the manner prescribed in subsection B of this section, the Planning Commission shall promptly hold at least one public hearing thereon. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such hearing may be continued from time to time.
D.
Commission to Make Written Recommendation to City Council. Upon the conclusion of such hearing, the Planning Commission shall instruct the secretary of the Commission or his or her duly authorized deputy, to prepare and transmit to the City Council the written recommendation of the Commission upon the proposed zone change or text amendment, together with the staff report. Such recommendation shall include the reasons or findings of the Commission, constituting the basis for the recommendation, and shall be signed by the secretary of the Commission or his or her duly authorized deputy.
E.
Notice of Commission's Decision. Within 10 calendar days from the date the Planning Commission renders its decision, the secretary of the Commission, or his or her duly authorized deputy, shall transmit such recommendation (together with the staff report) to the City Council by delivering same to the City Clerk, and shall forward a copy thereof to the applicant, if any. The applicant's copy of such recommendation shall be forwarded by mail to the address shown upon the application.
F.
Effect of Planning Commission's Decision—Appeal.
1.
The decision of the Commission recommending the denial of a proposed zone change shall be final and conclusive unless, within 10 calendar days after the Planning Commission transmits its recommendation to the City Clerk and City Council, the applicant files a written appeal with the City Clerk requesting a hearing before the City Council. The City Council may set aside the decision of the Commission recommending denial of a-proposed zone change at such time as the Commission's recommendation is presented to the City Council at any regular or special Council meeting.
2.
The decision of the Commission recommending approval of a zone change shall be automatically reviewed by the City Council at a public hearing as hereinafter provided.
G.
Transmission of Commission's File. Upon the filing of a written recommendation of the Commission, recommending adoption of a zone change, or upon receipt of a written appeal filed with the City Clerk by the applicant, the secretary of the Commission, or his or her duly authorized deputy, shall transmit forthwith to the City Clerk the Commission's complete case file.
H.
Hearing by the City Council. Following the receipt of either:
1.
A written recommendation from the Commission recommending the adoption of a zone; or
2.
A written appeal from a decision of the Commission recommending denial of an application for a zone change; or
3.
Instructions from the City Council directing that a public hearing be scheduled to review a decision of the Commission recommending denial of an application for a zone change.
The City Clerk shall schedule a hearing as required by Government Code Section 65856, and the City Council shall conduct at least one public hearing on the matter. Notice of such hearing shall be given in the manner prescribed in Section 17.02.050. Any such, hearing may be continued from time to time.
I.
Findings and Decision of Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission. Where the decision of the City Council is to approve the recommendation of the Planning Commission, such decision may be rendered in the form of a motion, which motion may include the adoption of the reasons or findings of the Planning Commission. A decision of the City Council to modify or disapprove the recommendation of the Planning Commission shall be rendered in the form of a written resolution which shall recite, among other things, the reasons or findings which, in the opinion of the City Council, make the disapproval or modification of the Commission's recommendation necessary to carry out the general purposes and intents of this title.
J.
Notice of Decision of City Council. Not later than the 10th day following the adoption of the findings and decision of the City Council, notice of such action shall be forwarded to the applicant, if any, and to the Commission. If the City Council shall adopt a decision which disapproves or modifies the recommendation of the Commission, then a copy of the resolution setting forth the City Council's findings and decision shall be referred to the Commission for further report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report, in writing, to the City Council within 40 days after such referral, shall be deemed to constitute approval by the Commission.
K.
Enactment of Zone Change. Upon adoption by the City Council of its findings and decision, a zone change may be adopted as other ordinances are adopted, provided, however, that, where referral has been made to the Commission under subsection J of this section, no such ordinance shall be adopted within 40 days after such referral, or until the receipt of the report and recommendation of the Commission upon the referred findings and decision of the City Council, whichever period is shorter.
L.
Time Interval for Reapplication for Zone Change Denied by City Council. A minimum time interval of one year is required between the final denial of a zone change application and the acceptance of a subsequent application that is the same or substantially the same as that previously denied.
(Prior code §§ 27-21.1, 27-21.2, 27-21.4—27-21.13; Ord. 21-1722 § 2)
§ 17.02.295 Wireless telecommunications permit.
A.
As set forth in Article IV of Chapter 17.04, the Reviewing Authority may grant a wireless telecommunications permit. In the granting of any wireless telecommunications permit, the Reviewing Authority may impose such conditions as it determines are necessary and reasonable to protect the best interests of the surrounding property or neighborhood and to ensure compliance with the general purpose and intent of this title and the general plan, and shall impose such conditions as are required by the provisions of this title.
B.
Supplemental Application Requirements.
1.
Purpose. This section sets forth the application submittal requirements for a wireless telecommunications facilities permit. The purpose of this section is to ensure that Article IV of Chapter 17.04 is implemented to the extent permitted by the Telecommunications Act of 1996.
2.
The applicant shall provide the following supplemental information at the same time a wireless telecommunications facility permit application is submitted to the Director.
a.
An accurate map that contains the proposed site and details existing wireless telecommunications facility locations owned and operated by the applicant within the City from the date of application submittal.
b.
An engineering certification demonstrating planned compliance with all existing Federal radio frequency emissions standards, and providing technical data sufficient to justify the proposed height of the proposed wireless telecommunication facility.
c.
An alternative configuration analysis, assessing the feasibility of alternative wireless telecommunications facility construction configurations—both at the proposed site and in the surrounding vicinity—which would result in a more visually compatible antenna(s). This analysis shall include an explanation of why other wireless telecommunications facility construction configurations were not selected.
d.
A projection of the applicant's anticipated future wireless telecommunications facility siting needs within the City, which information may be used by the City as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless telecommunications facility siting.
e.
An identification of the geographic service area for the subject installation, including a map showing all of the applicant's existing sites in the local service network associated with the coverage gap the wireless telecommunications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.
f.
An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the wireless telecommunications facility. The analysis shall include photo simulations and other information as necessary to determine the visual impact of the wireless telecommunications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the wireless telecommunications facility with the surrounding area.
g.
The height and diameter of the facility, together with evidence that demonstrates that the proposed wireless telecommunications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided.
h.
A description of the maintenance and monitoring program for the wireless telecommunications facility.
i.
A written statement of the applicant's willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.
j.
A written description of any good faith efforts to collocate the proposed wireless telecommunications facility on another site or building, including map of the sites, engineering information and letters from the owners of the site describing why co-location would not be feasible.
k.
A written description of all accessory wireless equipment for the wireless telecommunications facility. Describe the function of this ancillary equipment and the need to locate same on or near the wireless telecommunications facility.
l.
An alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site. If the proposed site is in a residential zone or in the public right-of-way, the alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located outside those areas. The alternative site analysis shall include a map that shows other potential stand alone locations for the proposed wireless telecommunications facility that have been explored, and shall describe why the proposed location is superior to other potential locations.
m.
Noise/acoustical information derived from the manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.
n.
A conceptual landscape plan showing existing trees and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.
o.
The Director of Community Development or the Director of Public Services/City Engineer may require additional information related to topography, including slopes, contours and proposed grading.
p.
Deposit for a third party peer review as set forth in subsection D of this section in an amount set by resolution by the City Council.
q.
If the application is for a wireless telecommunication facility in the public right-of-way, the applicant is a telephone corporation and has been issued a certificate of public convenience and necessity issued by the California Public Utilities Commission.
r.
Any other information determined necessary by the Director may be required.
C.
Review of Application.
1.
The Director of Community Development or the Director of Public Services/City Engineer may administratively review and approve an application for a wireless telecommunication facility permit if the facility complies with Article IV of Chapter 17.04 and as proposed is architecturally integrated with the existing development (i.e., building or structure) so as to be screened, camouflaged and visually nonobtrusive. Notwithstanding, the Director may at his or her discretion refer the wireless telecommunications facility permit to the Planning Commission for review.
2.
The Planning Commission shall review applications not otherwise reviewed by the Director, including, but not limited to, applications in the public right-of-way or located in a residential zone.
D.
Peer Review.
1.
The Director of Community Development or the Director of Public Services/City Engineer is authorized to retain on behalf of the City an independent technical expert to peer review any application for a wireless telecommunications facility permit. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall address all of the following:
a.
Compliance with applicable radio frequency emission standards;
b.
Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
c.
The accuracy and completeness of submissions;
d.
Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;
e.
The applicability of analysis techniques and methodologies;
f.
The validity of conclusions reached; and
g.
Any specific technical issues designated by the City.
The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule. |
2.
If a permittee proposes any modifications to any wireless telecommunications facility permit after said permit is granted, the permittee shall submit an application to the Planning Commission for consideration; provided, however, that the City and Planning Commission need not accept and/or process said application unless and until the permittee (a) demonstrates the existing wireless telecommunications facility's compliance with all applicable local requirements; and (b) certifies that the existing wireless telecommunications facility complies with all applicable State, and Federal requirements. In the case of collocations, minor structural modifications may be permitted if necessary to accommodate said co-located facility.
E.
Notice and Hearing on Application for Wireless Telecommunications Permit. Upon the filing by the property owners or its authorized agent (if the agent provides written authority to the City that it is authorized to file the application such as a letter of authorization), of an application which sets forth fully the grounds for, and the facts claimed to justify the granting of a wireless telecommunications permit, the Planning Commission shall give public notice, as provided in this title, of the intention to consider at a public hearing the granting of such permit, and shall hold at least one public hearing thereon. In the case of an application reviewed by the Director, no public notice or hearing is required.
F.
Report on Findings and Decision. Following the closing of a public hearing, if applicable, on an application for a wireless telecommunications permit, the Planning Commission shall, unless it adopts a motion directing that another public hearing be held thereon, adopt its findings by resolution. If the application is denied, the Planning Commission shall adopt a Resolution setting forth the findings for such denial based on substantial evidence contained in the administrative record. In the case of an application reviewed by the Director, the Director shall adopt its findings by report. The resolution or report shall recite, among other things, the facts and reasons which, in the Planning Commission or Director's opinion, make the granting or denial of a wireless telecommunications permit necessary to carry out the provisions and general purpose of this section and Article IV of Chapter 17.04, and shall order that a wireless telecommunications permit is thereby granted or denied; and, if such resolution or report orders that the permit be granted, it shall also recite such conditions and limitations as are imposed.
G.
Resolution or Report. The resolution of the Planning Commission, or in the case of an application reviewed by the Director of Community Development, the report of the Director of Community Development, granting or denying any application for a wireless telecommunications permit, shall be promptly filed, shall be numbered consecutively in the order of its filing, and shall become a permanent record in the file of the Community Development Department.
H.
Notice of Decision. Not later than three calendar days following the filing of a resolution or report granting or denying a wireless telecommunications permit, a copy of the resolution or report shall be delivered or mailed by certified or registered mail to the applicant or applicants, utilizing, in the case of mailing, any address shown on the application or other documents filed with the Community Development Department. Notice of the action granting or denying a wireless telecommunications permit shall be delivered or mailed to each member of the City Council, the City Manager, the City Attorney, and each person who has filed with the department a request for notice of decision in the particular case. A copy of such report shall be posted in a prominent place in the City Hall, designated for such purpose by the City Manager, from not later than, three days following until at least the 10th day following the filing of the resolution or report, but failure to so post any such notice shall not extend the time of becoming effective of any decision of the Commission or Director.
I.
Decision When Final—Appeal. The decision of the Planning Commission or Director shall become final and effective 10 calendar days after delivery or mailing of all of the notices required by Section 17.02.295(E) unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
J.
Appeals Procedure.
1.
If an appeal in writing is filed with the City Clerk as provided in Section 17.02.295(F)(1) or if the City Council elects on its own motion to review the action of the Planning Commission as provided in Section 17.02.295(F)(2), the complete record of the case shall be transmitted to the City Council. In the case of a decision by the Director of Community Development, the complete record of the case shall be transmitted to the Planning Commission.
2.
The City Council shall hold one public hearing notice of which shall be given in the manner prescribed by Sections 17.02.050 and 17.02.060, within 40 days of the filing of a written appeal or the adoption by the Council of a motion to review the action of the Commission. In the case of an appeal to the Planning Commission, the Planning Commission shall hold one public hearing notice of which shall be given in the manner prescribed by Sections 17.02.050 and 17.02.060, within 40 days of the filing of a written appeal.
3.
The reviewing body shall announce, within 40 days of the closing of the public hearing, its decision granting or denying a wireless telecommunications permit by adoption of a resolution, which shall set forth the reasons for its decision and shall indicate wherein such decision conforms to the intent and purpose of this section and Article IV of Chapter 17.04. In such proceedings, no finding, decision, order, stipulation or other action of the Commission shall bind the City Council.
4.
The action of the City Council shall be final. The action of the Planning Commission may be appealed to the City Council pursuant to the provisions of this section.
5.
Within 10 calendar days following the adoption of the resolution, one copy thereof shall be forwarded to the applicant or the appellant or both, as the case may be, and one copy shall be transmitted to the Commission for filing.
K.
Time Interval for Re-application for a Wireless Telecommunications Facility Permit. No permit application which has been denied in whole or in part shall be filed again within six months from the date of such denial except upon proof of changed conditions or by permission of the Director.
L.
Expiration. Any wireless telecommunications permit shall be null and void:
M.
Revocation. The Planning Commission may, after a hearing, compliance being had with applicable requirements of Chapter 17.02, Article I, revoke, modify or suspend any wireless telecommunications permit on any one or more of the following grounds:
1.
That the wireless telecommunications permit was obtained by fraud or misrepresentation;
2.
That the wireless telecommunications permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3.
That the use permitted by the wireless telecommunications permit is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.
4.
Failure to comply with any condition of approval or the standards in Article IV of Chapter 17.04. In the event of termination pursuant to this section, the permittee shall remove its wireless telecommunications facility at its own expense and shall repair and restore all property affected by the placement, maintenance, and removal of the wireless telecommunications facility to a condition satisfactory to the Director.
N.
Findings. A wireless telecommunications facility permit may be granted only if the following findings are made by the reviewing authority.
1.
The proposed wireless telecommunications facility has been designed to achieve compatibility with the community to the maximum extent reasonably feasible;
2.
An alternative configuration will not increase community compatibility or is not reasonably feasible;
3.
Alternative locations on the site will not increase community compatibility or are not reasonably feasible;
4.
The location of the wireless telecommunications facility on alternative sites will not increase community compatibility or is not reasonably feasible;
5.
The proposed facility is necessary to close a significant gap in coverage and is the least intrusive means of doing so;
6.
The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where co-location would not harm community compatibility;
7.
Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare; and
8.
In the case of a wireless telecommunications facility in the public right-of-way, the applicant is a telephone corporation and has been issued a certificate of public convenience and necessity issued by the California Public Utilities Commission, which expressly states the applicant's authority to provide the telecommunications service the applicant proposes to provide through the wireless telecommunications facility, which is the subject of the application.
O.
Appeal from Revocation or Modification of Wireless Telecommunications Permit. An appeal may be taken to the Council from the action of the Commission in revoking or modifying any wireless telecommunications permit pursuant to this section. The procedures followed by the Council in such matters shall, in all respects, conform to the procedures established for the granting or denying of such wireless telecommunications permits and appeals in connection therewith.
P.
Unless otherwise required by California Government Code section 65964(b), and as that section may be hereafter amended, all wireless telecommunication permits shall have a duration of no longer than 10 years. In accordance with requirements established by the Director, at the expiration of the time period set forth herein, the applicant may apply for an extension of the permit for a term of five years with an optional additional five-year term. Such extensions shall be subject to the discretion of the Planning Commission who shall take account of at least the following factors: conformance with all conditions of approval of the permit as it was originally issued, operation of the facility in its intended manner, and conformance with all applicable laws, regulations, standards and updates thereof such as radio frequency emissions standards.
(Ord. 10-1632 § 1; Ord. 21-1722 § 2)