Norwalk City Zoning Code
CHAPTER 17
03 DEVELOPMENT REQUIREMENTS
§ 17.03.010 Landscape standards.
A.
Purpose. To establish landscape standards that will enhance the aesthetic appearance of the City, encourage quality design and installation, ensure proper maintenance, and provide landscape alternatives that promote water conservation.
B.
Applicability. All required yards abutting streets, and all other areas required to be landscaped as part of approved development plans, within any zone shall be landscaped and maintained as provided by this chapter. Where conflicting requirements exist, the more stringent requirements shall prevail.
C.
Single-Family Dwellings. Landscaping shall be provided subject to the following minimum standards:
1.
All required yards abutting streets must be completely landscaped, exclusive of driveways, porches, patios and walkways.
2.
Within the required front yard, driveways, pursuant to Section 17.03.050, and walkways, porches, and patios, which are paved or contain stones, rocks, pebbles, gravel, sand, decomposed granite, pavers, bricks, or other material as determined by the Director shall not cover more than 50% of the required front yard, not to exceed 500 square feet, except as allowed by the Director for properties with a substandard width or unique shape, orientation or configuration.
3.
The following materials may be installed within required yards abutting streets:
a.
Live, natural plant materials, including trees, groundcover, shrubs, vines, flowers or grass; individual vegetable plants may only be used as accent plants.
b.
Artificial turf may be used in lieu of natural grass, subject to the approval of the Director and the standards contained in subsection H.
c.
Materials, such as stones, rocks, pebbles, gravel, pumice, mulch, shredded bark, sand, or decomposed granite, may be installed around live, natural plant materials. Loose stones, rocks or pebbles greater than three-eighths of an inch in diameter shall be prohibited within five feet of a front or side property line abutting a street; unless such materials are smaller than three-eighths of an inch in diameter.
d.
Water elements, including ponds, fountains, and other similar ornamental water features, provided that the design, shape and size minimizes water loss through evaporation and that water supply shall be through a re-circulating system.
4.
Interior Yards. Interior yards of a single-family dwelling not abutting a street may contain any of the acceptable landscape materials listed in this section, without requiring any approval or plan.
5.
The Water Efficient Landscape Ordinance, as referenced in Section 17.03.020, shall apply to projects listed in Section 17.03.020(B).
D.
Multi-Family Dwellings. Landscaping shall be provided subject to the following minimum standards:
1.
A minimum of 20% of the development site, including all required yards, shall be completely landscaped with live, natural plant materials.
2.
Artificial turf may be used in lieu of natural grass, subject to the review and approval of the Director and the standards contained in subsection H.
4.
All landscaped areas shall be provided with a fixed and permanent watering system that provides irrigation for all landscaped areas.
5.
Six-inch concrete curbs shall surround all planter areas adjacent to driveways. Un-sodded, mounded planters adjacent to a public sidewalk shall be provided with a six-inch curb to prevent soil run-off onto the public sidewalk. A curb is not required adjacent to the public sidewalk if the planter contains a groundcover, including live, natural plant material or artificial turf.
6.
Landscaped areas may include private outdoor living space, and should incorporate where feasible, additional elements such as trellises, outdoor furniture, water elements (fountains, ponds, streams) meandering walkways, and other creative uses of landscape.
7.
No automobile space may incorporate the required landscaping within its parking dimension.
8.
The Water Efficient Landscape Ordinance as referenced in Section 17.03.020 shall apply to projects listed in Section 17.03.020(B).
E.
Nonresidential Landscape Standards. Landscaping shall be provided subject to the following minimum standards:
1.
All required yards must be fully landscaped with live, natural plant materials.
2.
In addition to landscaping within all required yards, 25 square feet of landscaping per parking space must be provided throughout the property, except for parking spaces within a parking structure.
4.
Artificial turf may be used in lieu of natural grass, subject to the review and approval of the Director and the standards contained in subsection H, except for the required planter boxes.
5.
A landscape and irrigation plan, in accordance with subsection F, shall be submitted in conjunction with a new development, or for replacement of 50% or more of landscape materials for existing developments.
6.
All landscaped areas shall be provided with a fixed and permanent watering system that provides irrigation for all landscaped areas.
7.
Six-inch concrete curbs shall surround all planter areas adjacent to driveways. Un-sodded, mounded planters adjacent to a public sidewalk shall be provided with a six-inch curb to prevent soil run-off onto the public sidewalk. A curb is not required adjacent to the public sidewalk if the planter contains a groundcover, including live, natural plant material or artificial turf.
8.
No automobile parking space may incorporate the required landscaping within its dimension.
9.
The Water Efficient Landscape Ordinance as referenced in Section 17.03.020 shall apply to projects listed in Section 17.03.020(B).
F.
Landscape and Irrigation Plans. Landscape and irrigation plans, prepared by a registered landscape architect, are required for all new developments or for replacement of 500 square feet or more of landscape materials for existing developments, except single-family dwellings in the R-1 zone. Landscape projects meeting the thresholds as established in Section 17.03.020(C) must comply with additional requirements as contained in Section 17.03.020.
G.
Landscape Installation and Maintenance. The following landscape installation and maintenance standards shall apply to all zones:
1.
All landscaping and irrigation materials shall be permanently installed and maintained in a healthy condition, prior to final approval of building permits or the issuance of a certificate of occupancy, whichever is applicable.
2.
Final inspection approvals or occupancy clearance shall not be granted until all of the landscaping and irrigation is installed in accordance with the approved plans.
3.
The property owner is responsible for the maintenance of the landscaping on their property and shall be in compliance with this chapter and Chapter 8.28 at all times. Maintenance shall include, but is not limited to, proper pruning, mowing of lawns, weeding, removal of liter, fertilizing, replacement of plants when necessary, and, to the extent feasible in accordance with any applicable governmental restrictions on outdoor irrigation of landscapes, application of appropriate quantities of water to maintain all landscaped areas.
4.
All construction shall be subject to the requirements of the California Building Codes, as amended and in effect in the City of Norwalk.
H.
Artificial Turf Standards.
1.
Artificial turf shall be installed in combination with live, natural plant materials to enhance the overall landscape design and shall not cover more than 70% of the landscape area. The balance of the landscape area shall contain live, natural plant materials.
2.
Artificial turf must contain lifelike individual blades, which emulate the look and color of real grass.
3.
The blades must contain a minimum of two shades of green.
4.
Pile height shall be a minimum of one and one-half inches.
5.
Installation shall allow for water to percolate into the sub-layers of soil; the use of solid weed barriers shall be prohibited.
6.
The use of indoor/outdoor plastic or nylon carpeting is prohibited.
7.
Artificial turf must be maintained neat and clean through maintenance activities, such as, removing debris, and brushing, disinfecting, and washing the blades.
8.
Artificial turf must be replaced or repaired at first sign of fading, tearing, stains, holes, indentation, deterioration, or notification by the City regarding deteriorated conditions constituting a property nuisance, as set forth in Title 8.
(Prior code § 27-23.16; Ord. 1462 § 1, 1997; Ord. 15-1665 § 2; Ord. 15-1673 §§ 1—5; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.03.020 Water Efficient Landscape Ordinance.
A.
Purpose. Water is a precious commodity of limited supply. In accordance with the Water Conservation in Landscaping Act ("Act"), the purpose and intent of this section is to:
1.
Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
2.
Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government, and property owners to achieve the many benefits possible;
3.
Establish provisions for water management practices and water waste prevention for existing landscapes; and
4.
Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount.
Accordingly, this section is intended to be as effective in conserving water as is the Department of Water Resources State Model Landscaping Ordinance set forth in Government Code Section 65595 and shall be known as the "Water Efficient Landscape Ordinance." |
B. "Applied water" "Automatic irrigation controller" "Backflow prevention device" "Certificate of completion" "Certified irrigation designer" "Certified landscape irrigation auditor" "Check valve or anti-drain valve" "Common interest developments" "Compost" "Distribution uniformity" "Drip irrigation" "Ecological restoration project" "Emitter" "Established landscape" "Establishment period of the plants" "Estimated total water use (ETWU)" "Evapotranspiration adjustment factor (ETAF)" "Evapotranspiration rate" "Flow rate" "Flow sensor" "Friable" "Graywater" "Hardscapes" "Hydrozone" "Infiltration rate" "Invasive plant species" "Irrigation audit" "Irrigation efficiency (IE)" "Irrigation survey" "Irrigation water use analysis" "Landscape architect" "Landscape area" "Landscape contractor" "Landscape documentation package" "Landscape project" "Landscape water meter" "Lateral line" "Local agency" "Local water purveyor" "Low volume irrigation" "Main line" "Master shut-off valve" "Maximum applied water allowance (MAWA)" "Median" "Mulch" "New construction" "Nonresidential landscape" "Operating pressure" "Overhead sprinkler irrigation systems" "Overspray" "Permit" "Pervious" "Plant factor or plant water use factor" "Project applicant" "Record drawing or as-builts" "Recreational area" "Recycled water" "Reference evapotranspiration or reference ETo" "Rehabilitated landscape" "Residential landscape" "Runoff" "Soil moisture sensor" "Soil texture" "Special landscape area (SLA)" "Sprinkler head" "Static water pressure" "Station" "Swing joint" "Turf" "Valve" "Watering window" "Water feature" "WUCOLS"
Definitions. Unless the context otherwise requires, the following definitions and those set forth in the Water Efficient Landscape Ordinance shall govern the construction of this section:
means the portion of water supplied by the irrigation system to the landscape.
means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.
means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
means the document required under subsection J of this section.
means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.
means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.
means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
means community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code Section 4075.
means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
means the measure of the uniformity of irrigation water over a defined area.
means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
means a drip irrigation emission device that delivers water slowly from the system to the soil.
means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.
means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.
means the total water used for the landscape calculated based on the plants used and irrigation method selected for the landscape design as described in subsection I of this section.
means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. The ETo shall be updated from time to time and kept on file with the Department of Community Development.
means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination of flow sensor/controller may also function as a landscape water meter or submeter.
means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.
means any durable material (pervious and non-pervious).
means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by County agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Water-Sense" labeled auditing program.
means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this section is 0.75 for overhead spray devices and 0.81 for drip systems.
means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
means an analysis of water use data based on meter readings and billing data.
means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code, Section 5615.
means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
means the documents required under subsection D of this section.
means total area of landscape in a project as defined in landscape area for the purposes of this section, meeting requirements under subsection C of this section.
means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.
means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
means a City or County, including a Charter City or Charter County, that is responsible for adopting and implementing this section. The local agency is also responsible for the enforcement of this section, including, but not limited to, approval of a permit and plan check or design review of a project.
means any entity, including a public agency, City, County, or private water company that provides retail water service.
means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
means the pressurized pipeline that delivers water from the water source to the valve or outlet.
means an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].
means an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
means, for the purposes of this section, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.
means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
means systems that deliver water through the air (e.g., spray heads and rotors).
means the irrigation water which is delivered beyond the target area.
means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
means any surface or material that allows the passage of water through the material and into the underlying soil.
means a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this section, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researches from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
means the individual or entity submitting a landscape documentation package required under subsection D of this section, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or designee.
means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
means areas, excluding private single-family residential areas, designated for active play, recreation, or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf course tees, fairways, roughs, surrounds, and greens.
means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
means a standard measurement of environmental parameters which affect the water use of plants. Reference ETo is expressed in inches per day, month, or year as represented in data kept on file with the City, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.
means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of subsection C of this section, and the modified landscape area is equal to or greater than 2,500 square feet.
means landscapes surrounding single- or multi-family homes.
means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
means the classification of soil based on its percentage of sand, silt, and clay.
means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.
means a device which delivers water through a nozzle.
means the pipeline or municipal water supply pressure when water is not flowing.
means an area served by one valve or by a set of valves that operate simultaneously.
means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
means a device used to control the flow of water in the irrigation system.
means the time of day irrigation is allowed.
means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources and the Bureau of Reclamation, 2014.
C.
Applicability.
1.
Except as set forth in subsection (C)(2) of this section, this section shall apply to all of the following landscape projects:
a.
New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review;
b.
Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
c.
Existing landscapes installed before December 1, 2015, and over one acre in size; and
d.
Cemeteries.
2.
This section shall not apply to:
a.
Landscaping that is part of a property listed on any applicable local, State or national register of historic places;
b.
Existing plant collections as part of botanical gardens and arboretums open to the public; or
c.
Ecological restoration projects that do not require a permanent irrigation system.
3.
Projects using treated or untreated graywater or rainwater captures on-site, any lot or parcel within the project that has less than 2,500 square feet and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captures on-site is subject only to the Water Efficient Landscape Worksheet.
D.
Review and Approval Requirements.
1.
Prior to issuance of a discretionary or building permit for any project that involves landscaped areas subject to this section, the project applicant must submit a landscape documentation package for review and approval by the Director of Community Development. The landscape documentation package shall include the following:
a.
Project Information.
i.
Date,
ii.
Project applicant,
iii.
Project address (if available, parcel and/or lot number(s)),
iv.
Total landscape area (square feet),
v.
Project type (e.g., new, rehabilitated, public, private, cemetery, home-owner installed),
vi.
Water supply type (e.g., potable, recycled) and identify the local retail water purveyor,
vii.
Checklist of all documents in landscape documentation package,
viii.
Project contacts to include contact information for the project applicant and property owner, and
ix.
Applicant signature and date with statement "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package";
g.
Payment of the fee as prescribed by City Council upon submittal of the landscape documentation package.
If the landscaped area subject to this section is a stand-alone project or does not otherwise require a building permit or formal planning or other commission approval or review, the landscape documentation package shall be submitted to the Director of Community Development for review and approval prior to the commencement of landscape improvements. |
2.
The documents listed in subsection (D)(1) shall be prepared and signed by a landscape architect, landscape designer, or irrigation designer, as appropriate, except that the soils report shall be prepared by a qualified soil and plant laboratory.
E.
Landscape Design Plan. Landscaped areas subject to this section shall be carefully designed and planned to ensure the efficient use of water. The project applicant shall submit to the Department a landscape design plan that meets the criteria set forth in this section.
The landscape design plan shall comply with or include the following:
1.
A description of the plant material. Any plant may be selected for the landscape provided that the estimated applied water use in the landscaped area does not exceed the maximum applied water allowance.
a.
Methods to achieve water efficiency shall include one or more of the following:
i.
Protection and preservation of native species and natural vegetation;
ii.
Selection of water-conserving plant, tree and turf species, especially local native plants;
iii.
Selection of plants based on local climate suitability, disease and pest resistance;
iv.
Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and
v.
Selection of plants from local and regional landscape program plant lists.
b.
Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in subsection (F)(1)(b)(iv).
c.
Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficient shall include one or more of the following:
i.
Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
ii.
Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and allow for adequate soil volume for healthy root growth; and
iii.
Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
d.
Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 + slope percent).
e.
High water use plants, characterized by a plant factor of 0.7 to 1.0 are prohibited in street medians.
f.
The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.
g.
The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
2.
Water features shall be designed as follows:
a.
Recirculating water systems shall be used as a source for water features.
b.
Where available, recycled water shall be used as a source for decorative water features.
c.
The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
d.
Pool and spa covers are highly recommended.
3.
Soil preparation, mulch and amendments shall be included for use as follows:
a.
Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
b.
Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.
c.
For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from addition compost and tilling.
d.
A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
e.
Stabilizing mulching products shall be used on slopes that meet current engineering standards.
f.
The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
g.
Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available.
F.
Irrigation Design Plan.
1.
An irrigation system and its related components for landscaped areas subject to this section shall be carefully designed and planned to allow for proper installation, management, and maintenance. The project applicant shall submit to the Department an irrigation design plan that meets the criteria set forth in this subsection and the criteria set forth in this section.
a.
System.
i.
Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet, but not more than 5,000 square feet and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:
ii.
Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
iii.
Water pressure below or exceeding the recommended pressure of the specified irrigation device will require the installation of a pressure regulating device to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range or optimal performance.
(A)
If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
(B)
Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage, the measurements shall be conducted at installation.
iv.
Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
v.
Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
vi.
Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
vii.
Flow sensors that detect high flow conditions created by system damage or malfunction are required for all projects on nonresidential landscapes and residential landscapes of 5,000 square feet or larger.
viii.
Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
ix.
The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
x.
Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
xi.
The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
xii.
The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Water Efficient Landscape Worksheet regarding the maximum applied water allowance.
xiii.
All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard"). All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
xiv.
The project applicant shall inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
xv.
In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
xvi.
Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
xvii.
Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.
xviii.
Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.
xix.
Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
xx.
Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or volume irrigation system.
xxi.
Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
(A)
The landscape area is adjacent to permeable surfacing and no runoff occurs; or
(B)
The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
(C)
The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in that prevents runoff, low head drainage, overspray or other similar conditions. Prevention of overspray and runoff must be confirmed during the irrigation audit.
xxii.
Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding three-fourths inch per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
b.
Hydrozone.
i.
Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.
ii.
Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
iii.
Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
iv.
Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
v.
Individual hydrozones that mix high and low water use plants shall not be permitted.
vi.
On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table in forms as provided by the City. This table can also assist with the irrigation audit and programming the controller.
2.
The irrigation design plan, at a minimum, shall contain:
a.
Location and size of separate water meters for landscape;
b.
Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
c.
Static water pressure at the point of connection to the public water supply;
d.
Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
f.
The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and
g.
The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)
G.
Grading Design Plan.
1.
Grading of a project site that contains a landscaped area subject to this section, shall be designed to minimize soil erosion, runoff and water waste. The project applicant shall submit to the Department a grading design plan that meets the criteria set forth in this section.
3.
To prevent excessive erosion and runoff, grading shall avoid disturbing natural drainage patterns and avoid soil compaction in landscaped areas subject to this section. All irrigation and normal rainfall should remain within the property lines so as not to drain onto non-permeable hardscapes, avoid disruption of natural drainage patterns and undistributed soil, and avoid soil compaction in landscaped areas.
4.
The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.
H.
Soil Management Report. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, as follows:
1.
Submit soil samples to a laboratory for analysis and recommendations.
a.
Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
c.
In projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of one in seven lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.
2.
The project applicant, or designee, shall comply with one of the following:
a.
If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or
b.
If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.
3.
The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
4.
The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with certificate of completion.
I.
Water Efficient Landscape Worksheet.
1.
The project applicant shall complete the Water Efficient Landscape Worksheet as provided by the Department which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance (MAWA) is calculated based on the maximum ETAF allowed (0.55 for residential areas, 0.45 for nonresidential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.
a.
In calculating the MAWA, and ETWU, a project applicant shall use the ETo values from the Reference Evapotranspiration Table on file with the Department of Community Development. For geographic areas not covered in the Reference Evapotranspiration Table, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.
2.
Water budget calculations shall adhere to the following requirements:
a.
The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
b.
All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
c.
All special landscape areas shall be identified and their water use calculated as shown in on the Water Efficient Landscape Worksheet as furnished by the City.
d.
ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.
J.
Certification of Completion.
1.
Upon completion of the installation of the landscaped areas subject to this section, the project applicant shall submit a certificate of completion, in the form provided by the City, for review and approval by the Director of Community Development. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package.
2.
The certificate of completion shall certify and/or include the following:
a.
The landscaped areas subject to this section have been installed in conformance with the landscaped documentation package, the Water Efficient Landscape Ordinance;
b.
The automatic controller has been set according to the irrigation schedule described in subsection F of this section;
c.
Documentation that the soil management report recommendations, if any, have been implemented;
d.
The irrigation audit report; and
e.
The landscape and irrigation maintenance schedule.
3.
The Director of Community Development shall approve the certificate of completion if it is determined the project conforms to the provisions of this section. If the Director of Community Development determines that the certificate of completion is incomplete or does not conform to the provisions of this section, the Director of Community Development shall:
a.
Notify the project applicant in writing that the certificate of completion has been denied and include a statement of reasons; or
b.
Notify the project applicant in writing that the certificate of completion is incomplete with an indication of additional information necessary. The project applicant may re-submit the certificate of completion for review by the Director of Community Development.
K.
Irrigation Schedule.
1.
For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
a.
Irrigation scheduling shall be regulated by automatic irrigation controllers.
b.
Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
c.
For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to MAWA. Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
e.
Each irrigation schedule shall consider for each station all of the following that apply:
i.
Irrigation interval (days between irrigation);
ii.
Irrigation run times (hours or minutes per irrigation event to avoid runoff);
iii.
Number of cycle starts required for each irrigation event to avoid runoff;
iv.
Amount of applied water scheduled to be applied on a monthly basis;
v.
Application rate setting;
vi.
Root depth setting;
vii.
Plant type setting;
viii.
Soil type;
ix.
Slope factor setting;
x.
Shade factor setting; and
xi.
Irrigation uniformity or efficiency setting.
L.
Landscape and Irrigation Maintenance.
1.
Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.
2.
A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
3.
Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.
4.
A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.
M.
Irrigation Audit, Survey, and Water Use Analysis.
1.
For landscaped areas subject to this section, an irrigation audit report shall be submitted to the local agency. Such report shall be conducted by a certified landscape irrigation auditor either by a local agency auditor or a third party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person who designed the landscape or installed the landscape.
2.
In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one in seven lots or approximately 15% will satisfy this requirement.
3.
For all new construction and rehabilitated landscape projects installed after December 1, 2015:
a.
The project applicant shall submit an irrigation audit report with the certificate of completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soils types, plant factors, slope, exposure and any other factors necessary for accurate programming.
N.
Irrigation Efficiency. For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.
O.
Recycled Water.
1.
The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
2.
All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
3.
Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.
P.
Graywater Systems. Graywater systems shall promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code and any applicable local ordinance standards.
Q.
Stormwater Management and Rainwater Retention.
2.
All planted landscape areas are required to have friable soil to maximize water retention and infiltration.
4.
As feasible, storm water projects should incorporate the following to improve on-site stormwater and dry weather runoff capture and use:
a.
Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas;
b.
Minimize the area of impervious surfaces such as paved areas, roof, and concrete driveways;
c.
Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff;
d.
Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize the site water capture and reuse;
e.
Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems;
f.
Incorporate infiltration beds, swales, basins, and drywells to capture storm water and dry weather runoff and increase percolation into the soil;
g.
Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
R.
Existing Landscaping—Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
1.
This subsection shall apply to all existing landscapes that were installed before December 1, 2015 and over one acre in size.
2.
For all landscapes that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).
3.
For landscapes that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
4.
All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
S.
Water Waste Prevention. Water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, overspray or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots or structures is prohibited.
T.
Authority to Promulgate Rules and Regulations. The Director of Community Development shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of provisions of this section, and when duly promulgated, such rules and regulations shall be in full force and effect.
U.
Administration and Appeal Process. The Director of Community Development shall have the duty and authority to administer and enforce this section. The project applicant or property owner may appeal any decision made by 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. Appeals shall be filed in a written request with the Director of Community Development within 10 days of the date of written notification decision of the Director of Community Development is mailed or delivered. Notice of the appeal and hearing shall be pursuant to hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F).
(Prior code § 27-56.1; Ord. 15-1665 § 2; Ord. 15-1673 § 6; Ord. 21-1722 § 2)
§ 17.03.030 Application.
Every use of land and/or every main building hereafter erected, constructed, reconstructed or structurally altered shall be provided with permanently maintained, off-street automobile parking spaces, as provided by this article; and a precise development plan is required to be filed and approved prior to the installation of parking facilities. All parking shall be provided on the building site unless otherwise approved by precise development plan procedure, including valid parking management plans or common parking facilities plans, with sufficient assurance the parking is permanent. In no case shall the required parking spaces or any part thereof be within a required front yard; except as provided by Section 17.03.070.
A.
Parking Requirements for Uses Not Specified. Where parking requirements for any use are not specifically listed in this article, such requirements shall be determined by the Planning Commission and shall be based upon the requirements for the most comparable use(s) specified herein and consistent with the intent of this title.
B.
Parking—Mixed Occupancies in Multi-Tenant Centers and Buildings. In the case of mixed uses in a building or on a lot, parking shall be provided according to the automobile parking matrix for multitenant centers and buildings, except where an adjustment of the parking requirements is obtained pursuant to Section 17.03.060 and Section 17.03.030.C.
C.
Expansion or Remodeling of Structure, or Change in Use.
1.
When the use of a structure changes to a use that is required by the parking matrix to have the same number of parking spaces as the immediately previous use, no additional parking spaces shall be required for the new use, regardless of the number of spaces actually provided by the previous use; provided that the previous use was legally established and the number of spaces has not decreased.
2.
When the floor area of an existing structure is increased, additional parking spaces shall be provided on site as required by this chapter for the additional floor area.
3.
Change in Use.
a.
When a change in use requires more off-street parking than the previous use, additional parking spaces shall be provided equivalent to the difference between the number of spaces required by this Zoning Ordinance for the immediately previous use and the total number of spaces required by the new use.
b.
Additional parking spaces shall not be required for a change in use that meets the following requirements:
i.
The change in use is from a nonresidential use to another nonresidential use;
ii.
The change in use occurs in a structure or tenant space that is less than 6,000 square feet; and
iii.
The structure or tenant space was constructed prior to the adoption of this ordinance or the original certificate of occupancy for the structure or tenant space was issued at least 24 months prior to the proposed change of use.
D.
Required Loading Space. Every main building hereafter erected, constructed, or structurally altered or designed or used for commercial or industrial purposes shall be provided with loading space as follows:
1.
Every such building, whether or not located upon a site contiguous to a public alley, shall be provided with a minimum off street or off-alley loading space not less than 10 feet in width, 20 feet in length, and 14 feet in height.
2.
Loading spaces shall be located within close proximity to the building and to the side or rear of buildings, to the greatest extent possible.
3.
The minimum number of loading spaces per building shall be as shown below or as determined necessary by the Director of Community Development pursuant to NMC Section 17.02.203.D.3.d.
4.
For buildings that do not require designated loading spaces per the table below, loading and unloading shall only occur outside of regular business hours.
Required Loading Spaces | ||
|---|---|---|
Land Use | Total Gross Floor Area | Required Loading Spaces per Building |
Commercial and Office | Less than 10,000 SF | None |
10,000 – 29,999 SF | 1 | |
30,000 – 49,999 SF | 2 | |
50,000 – 75,000 SF | 3 | |
More than 75,000 SF | 4 | |
Industrial | Less than 20,000 SF | 1 |
≥ 20,000 SF | 2 | |
E.
Unlawful to Reduce Available Parking. The provision and maintenance of required off-street parking and loading facilities and areas, and of area available to the owner or user of real property for meeting minimum required parking standards, shall be a continuing obligation of the property owner and user. An owner or user of real property containing uses for which off-street parking or loading facilities or areas are required by this title, shall not:
1.
Reduce, diminish, or eliminate existing required off-street parking or loading facilities or areas under the ownership or control of such owner or user, whether on the same lot or on a separate lot from the use requiring such off-street parking or loading facilities or area;
2.
Sell, transfer, lease, or otherwise make unavailable for such required off-street parking or loading facilities or area any portion of the lot or of any adjacent lot under the same ownership or control, if the same is necessary for and available to satisfy, in whole or in part, the off-street parking or loading requirements imposed by this title.
(Prior code § 27-19.1; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.03.040 Required number of spaces and parking matrix.
A.
Applicability. This section sets forth required number of parking spaces and regulations for all zones. All buildings and uses shall be required to provide parking in accordance to this section. In the event the specific use is not identified, the Director will make an interpretation applying the parking requirement for the most similar use.
B.
Parking Matrix Legend. The parking matrix identifies the required number of parking by use. The following defines the abbreviations used in the land use matrix:
1.
Square feet (SF) indicates a unit of area to a square one foot long on each side.
2.
Gross floor area (GFA) as defined in Section 17.01.060.
Parking Matrix | ||
|---|---|---|
Use Category | Minimum Parking Requirement | Definitions/ Notes |
Residential | ||
Single-Family Dwelling | 2 (covered) spaces Only 1 space within garage required for interior lots less than 35 feet in width and no alley access. | |
Multiple-Family Dwelling | 2 spaces located within garage for each dwelling unit; A minimum of 1 additional uncovered parking space for every bedroom in excess of 2 bedrooms for each dwelling unit; and 1 uncovered space for every 3 units or fraction thereof, designated for the exclusive use of guests. For projects less than 4 units, a minimum of 2 uncovered spaces. A bedroom is defined as any room or enclosed space containing 70 square feet or more, except the following shall not be counted as bedrooms: 1 living room or family room per unit, 1 dining room per unit, 1 kitchen per unit, bathrooms, 1 laundry room per unit, and hallways. | |
Single-Room Occupancy (SRO) Housing | 1 space (within a garage)/each SRO housing unit and on-site manager unit; and 1 uncovered space/each SRO unit and on-site manager unit; and 1 uncovered space/6 units or fraction thereof designated for the exclusive use of guests. For projects less than 6 units, a minimum of 1 uncovered space. | |
Commercial | ||
Assembly Use, as Listed Below: | ||
< 300 GFA | 1 space/250 SF of GFA | |
≥ 300 GFA | 1 space/50 SF of assembly GFA; or 1 space/5 seats, permanent or removable, whichever yields a greater number. Parking required only for room(s) in which public assembly occurs. | |
Commercial Centers, as Listed Below: | ||
Less than 30,000 SF of GFA | 1 space/250 SF of GFA | |
30,000 - 100,000 SF of GFA | 1 space/300 SF of GFA | |
More than 100,000 SF of GFA | 1 space/350 SF of GFA | |
Indoor Recreation, Except as Listed Below: | 1 space/250 SF of GFA; if use contains assembly, assembly use parking applies | |
Health Club | 1 space/250 SF of GFA | |
Medical, Except as Listed Below: | 1 space/250 SF of GFA | |
Hospital and emergency hospital | 2 spaces/patient bed | |
Mental hospitals | 1 space/3 patient beds | |
Mixed Use, as Listed Below: | ||
Caretaker units | 2 (covered) spaces/unit | |
Apartment in conjunction with commercial development | Required parking for multiple-family dwellings + required parking for commercial uses; or as determined by parking analysis for the specific project | § 17.03.030.B |
Office, Except as Listed Below: | 1 space/250 SF of GFA | |
Government office | 1 space/75 SF of GFA for the first 20,000 SF of the building(s), plus 1 space/250SF of GFA for the remaining floor area | |
Outdoor Recreation | 1 space/500 SF of GFA, plus 1 space per 1,000 SF of outdoor use area | |
Overnight Lodging, as Listed Below: | ||
Hotel | 1 space/2 guest rooms; except hotels with facilities including restaurants, banquet rooms, conference rooms, commercial retail uses and similar activities shall provide parking for the various uses as computed separately. | § 17.03.030.B |
Motel | 1 space/each unit, including the manager's unit | |
Personal Service, Except as Listed Below: | 1 space/250 SF of GFA | |
Mortuaries and undertaking establishments | 1 space/50 SF of GFA for chapel or public assembly area; and 1 space/500 SF of GFA for all other portions of building(s), excluding garages | |
Restaurant/Bar, as Listed Below: | ||
Bar, nightclub, tavern, lounge | 1 space/80 SF of GFA | |
Restaurant/Tasting Room associated with alcohol manufacturing | 1 space/250 SF of GFA | |
Food truck | none | |
Retail | 1 space/250 SF of GFA | |
Social Services, Except as Listed Below: | 1 space/200 SF of GFA | |
Emergency Shelter | 1 space/4 beds; and 1 space/employee and/or volunteer; and 1 space/transport van or delivery vehicle used in conjunction with the use. | |
Convalescent home, foster home, sanitarium and similar institution | 1 space/3 beds | |
Utility Services | 1 space/2 employees on the largest shift, plus 1 space/vehicle operated in conjunction with the use | |
Vehicle Sales/Lease/Rental | 2.5 spaces/1000 SF of GFA for interior showroom, plus 1 space/250 SF of GFA for office. Accessory repair or storage to provide parking per use classification. | |
Public, Institutional & Civic | ||
School, private/public (K-12) | Elementary and junior high school: 2 spaces/classroom. High school: 1 space/faculty member and employee, plus 1 space/3 students. | |
Educational institution; community college, college or university; < 10,000 students | 1 space per 900 SF of academic space | |
Educational institution; community college, college or university; ≥ 10,000 students | 1 space per 600 SF of academic space plus 1 space per 5 seats in principal assembly room. | |
Vocational school | 1 space/150 SF of GFA | |
Industrial | ||
Heavy/Light Industrial, Light Manufacturing, Warehouse and Distribution, and Wholesale, Except as Listed Below: | 1 space/1,000 sf of GFA, which may include a maximum of 20% office space, plus, if the percentage of office space exceeds 20% of the GFA, 4/1000 sq. ft. of GFA for the office floor area in excess of 20%. | |
Brewery, winery distillery, cidery | 1 space/250 sq. ft. of tasting room GFA + 1 space/1,000 SF of GFA of industrial space, which may include a maximum of 20% office space, plus, if the percentage of office space exceeds 20% of the GFA, 4/1000 sq. ft. of GFA for the office floor area in excess of 20%. | 17.04.010 |
Self-serve storage | 1 space/50 storage units (open and closed) | |
Vehicle Service Use, Except as Below: | 1 space/250 SF of GFA | |
Vehicle repair (minor or major) | 3.5 spaces/1,000 SF of GFA | |
(Prior code § 27-19.2; Ord. 06-1571 § 1; Ord. 14-1652 § 2; Ord. 16-1675 § 5; Ord. 20-1720 § 2; Ord. 21-1722 § 2;)
§ 17.03.050 Parking layout standards.
A.
Parking Stall Dimensions. The following are minimum (net) parking stall dimensions:
1.
Regular parking stalls: nine feet by 18 feet provided that an additional one foot must be added to the width of stalls adjacent to any wall, post or similar obstruction and two feet if adjacent to obstructions on both sides of such stalls; parking stalls less than nine feet in width or 18 feet in depth shall be prohibited under any circumstances.
B.
Parking Lot Layout Requirements.
1.
Angle parking is generally recommended for nonresidential uses, and 90 degree parking for residential uses. Parallel parking should be avoided. Tandem parking is permitted only if a full-time attendant is provided and such tandem parking is used to supply not more than 10% of the required number of spaces.
2.
All parking areas shall be arranged to permit all vehicles to enter from, and exit to, a public right-of-way in a forward direction. Multiple dwellings containing not more than three dwelling units and single-family residences may back into a designated local street unless prohibited upon precise development plan review. All turning and maneuvering areas shall be on-site. Required front yards or setbacks adjacent to streets shall not be used for maneuvering space.
3.
Entrances to garages, or parking spaces from an alley shall be located no less than 26 feet from the opposite side of the alley.
4.
All parallel parking stalls must be located so no part of a vehicle will encroach into the public right-of-way; such stalls must be separated by a curb or wheelstop from the public right-of-way. Parallel parking stalls shall not be within three feet of a passageway, door opening, or other building entry or exit.
C.
Parking Lot Improvement Standards.
1.
Parking areas and driveways shall be paved with asphalt or concrete to provide a smooth, well-drained, permanent or long-term, dust-reducing surface, determined suitable by the City for vehicular traffic; generally, three inches of asphalt or concrete or comparable specifications will be determined adequate by the City, dependent, however, upon the use (i.e., autos or trucks and volume of traffic) and upon the type of base and/or soil conditions.
2.
Concrete wheelstops are required a minimum of 30 inches from the head end of any space abutting a wall, building, or where required for public safety; vehicle sales areas (car lots) shall be separated from the public right-of-way by wheelstops or concrete curbing.
3.
Masonry walls, with no openings and a minimum height of six feet above finished grade level, shall be provided to separate parking areas, car turning areas and access driveways from abutting residential uses and zone; such walls shall be optional, and in no event greater than 42 inches in height, within a front setback.
Parking Layout Standards | |
|---|---|
Minimum Dimensions for Driveways: | |
1—3 dwelling units | 10′ minimum |
4—6 dwelling units | 12′ minimum |
7 or more dwelling units | 2 one-way—12′ ea. 1 two-way—18′ |
Other uses (commercial & industrial) | 2 one-way—14′ ea. 1 two-way—24′ |
 |
4.
Illumination of parking or vehicle sales areas shall be arranged to reflect light away from adjacent property.
D.
Accessible parking shall be provided in accordance with the California Building Code.
(Prior code § 27-19.3; Ord. 08-1611 § 2; Ord. 15-1665 § 3; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.03.060 Adjustment of parking requirements.
The minimum number of required parking spaces may be reduced subject to Precise Development Plan approval when the Planning Commission finds that adequate parking, circulation and access are provided for customers, clients, visitors and employees. Adjustments shall be limited to one or more of the following methods:
A.
Parking Management Plans. Parking management plans may be approved by the Planning Commission if they provide alternative modes of transportation such as "van pools," varied work shifts, use of company operated buses and other such means that will reduce the number of vehicles using the premises and include the following:
1.
Plans shall show how the alternative mode(s) will be implemented, the permanency and extent of such mode(s), the number of vehicles the mode(s) will replace and other pertinent information;
2.
A covenant deemed acceptable by the Planning Commission shall be duly recorded, with the City a party thereto. This covenant shall designate the method by which adequate parking will be provided as required by this subsection.
B.
Shared Parking Agreements. Shared parking agreements may be approved by the Planning Commission. A shared parking arrangement occurs when a parking area is used to serve two or more individual developments without conflict or encroachment (i.e., the parking supply for one land use satisfies the parking demand for another land use when different peak periods exist). A covenant deemed acceptable by the Planning Commission shall be duly recorded, with the City a party thereto.
C.
Parking Studies. An independent parking study may be approved by the Planning Commission. The parking study shall substantiate or justify a request for reduction in parking or outline alternative methods to provide adequate parking, circulation and access for a particular development. The parking study shall be subject to review by the Planning Commission and the City Traffic Engineer to determine the merits of the alternative strategies.
(Ord. 08-1611 § 3; Ord. 21-1722 § 2)
§ 17.03.070 Carports within front and/or side yards in the R-1 zone.
The intent and purpose of this section is to permit a carport in front and/or side yard setbacks only in special or unique circumstances when a garage or carport cannot otherwise be reasonably constructed on the property in a permitted location. This section is intended to correct existing problems, but not promote new garage conversions. Carports shall only be permitted where they will not be detrimental to abutting properties nor the surrounding neighborhood; and such conditions and requirements shall be imposed to assure they will be attractive in appearance, compatible with the neighborhood, and comply with City standards.
A.
The Planning Commission shall consider all evidence and may approve or conditionally approve an application, or shall deny the application if they find the proposed carport will be detrimental and contrary to the character of the surrounding properties and neighborhood. The decision of the Board shall be final unless appealed to the City Council within 10 days after notification of the Board decision; appeal shall be in writing and filed with the City Clerk.
B.
Application shall be limited to the following:
1.
The front and/or side yards of interior lots and along the interior property lines of corner lots or reversed corner lots; and
2.
Where there is no existing covered off-street parking in an approved location; and
3.
Where there has not been an illegal conversion of an approved garage or carport on the property by the current owner; and
4.
If single car capacity is permitted (Section 17.03.040(D) or 17.01.300), the minimum size is 200 square feet area with minimum dimensions of 10 feet width and 20 feet length; and
5.
The minimum size, double-car capacity is 400 square feet area with minimum dimensions of 20 feet width and 20 feet length; and
6.
Carports shall be limited to two car capacity, not to exceed 24 foot width and 500 square foot area, nor exceed 50% coverage of the front yard area in any event; and
7.
Carports shall maintain the same style of roof and utilize the same roofing material as the residence, or provide suitable architectural or decorative treatment as approved by the Planning Commission;
8.
Pipe supporting columns are not permitted unless covered with masonry, or wood, or provided with other compatible decorative treatment as approved by the Design Board; and
9.
Carports shall be limited solely to a roof and supporting posts or columns, and shall not be enclosed nor have any walls, except for the common wall of the residence, if attached thereto, and cabinets, shelving, etc. are expressly prohibited.
C.
Carports shall be used solely as shelter for operable automotive vehicles, as provided by Section 17.03.080 and no other articles, goods, or personal property shall be stored therein.
D.
Carports shall comply with such other requirements found necessary and appropriate to assure the structure and use thereof will be compatible with existing and potential development on adjacent and other properties in the vicinity; and the terms and conditions of approval may be required to be recorded.
E.
The following procedures shall govern hearing notification:
1.
The applicant shall submit a list of names and addresses of property owners within a 300 foot radius of the subject property, the list to be obtained from current assessment rolls; and
2.
Notification of the request and date of hearing shall be mailed to all property owners within a 300 foot radius at least 10 days prior to the hearing date.
(Prior code § 27-19.5; Ord. 21-1722 § 2)
§ 17.03.080 Transportation demand management.
A.
Purpose and Intent. The purpose and intent of this section is to fulfill responsibilities assigned to local jurisdictions in the Congestion Management Program (CMP) for the Los Angeles County. The CMP was created to address concerns regarding congestion on Los Angeles County transportation network. The goals and purposes indicated in the CMP are:
1.
To link land use, transportation, and air quality decisions;
2.
To develop a partnership among transportation decision makers on devising appropriate transportation solutions that include all modes of travel; and
3.
To propose transportation projects which are eligible to compete for State gas tax funds.
This section outlines the Transportation Demand Management Ordinance (TDM) for the City of Norwalk. The purpose of a trip reduction and travel demand management element is to promote alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting and parking management programs. |
B. "Alternative transportation" "Applicable development" "Buspool" "California Environmental Quality Act (CEQA)" "Carpool" "Developer" "Development" "Employee parking area"
"Preferential parking" "Property owner" "South Coast Air Quality Management District (SCAQMD)" "Tenant" "Transportation demand management (TDM)" "Trip reduction" "Vanpool" "Vehicle"
Definitions. The following words or phrases shall have the following meanings when used in this section:
means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.
means any development project that is determined to meet or exceed the project size threshold criteria contained in subsection (D)(2) of this section.
means a vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.
means a statute that requires all jurisdictions in the State of California to evaluate the, extent of environmental degradation posed by proposed development.
means a vehicle carrying two to six persons commuting together to and from work on a regular basis.
means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this section as determined by the property owner.
means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this section and which exceed the thresholds defined in subsection (D)(2) shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.
means the portion of total required parking at a development used by on-site employees. Employee parking shall be calculated as follows:
Type of Use | Percent of Total Required Parking Devoted to Employees |
|---|---|
Commercial | 30% |
Office/Professional | 85% |
Industrial/Manufacturing | 90% |
means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.
means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his or her agent.
means the regional authority appointed by the California State Legislature to meet Federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).
means the lessee of facility space at an applicable development project.
means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).
means reduction in the number of work-related trips made by single occupant vehicles.
means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers, and on a prepaid subscription basis.
means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
C.
Review of Transit Impacts. Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on City of Norwalk's determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this section shall be exempted from its provisions. The transit impact review worksheet, contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIRs and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.
Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the City of Norwalk to determine when a project is substantially the same and therefore covered by a previously certified EIR.
D.
Transportation Demand and Trip Reduction Measures.
1.
Applicability of Requirements. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.
This subsection shall not apply to projects for which a development application. has been deemed complete by the City of Norwalk pursuant to Government Code Section 65943, or for which a notice of preparation for a EIR has been circulated or for which an application for a building permit has been received, prior to the effective date of the ordinance codified in this subsection. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.
2.
Development Standards.
a.
Nonresidential development of 25,000 square feet or more shall provide, a bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:
i.
Current maps, routes and schedules for public transit routes serving the site;
ii.
Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;
iii.
Ride sharing promotional material supplied by commuter-oriented organizations;
iv.
Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
v.
A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and, pedestrians at the site.
b.
Nonresidential development of 50,000 square feet or more shall comply with subsection (D)(2)(i) of this section and shall provide all of the following measures to the satisfaction of the City of Norwalk:
i.
Not less than 10% of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City of Norwalk. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles.
ii.
Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet, two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radius and parking space dimensions shall also be included in vanpool parking areas.
iii.
Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City of Norwalk.
c.
Nonresidential development of 100,000 square feet or more shall comply with subsections (D)(2)(a) and (b) of this section, and shall provide all of the following measures to the satisfaction of the City of Norwalk:
i.
A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
ii.
Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system too each building in the development.
iii.
If determined necessary by the City of Norwalk to mitigate the project impact, bus stop improvements must be provided. The City of Norwalk will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.
iv.
Safe and convenient access from the external circulation system to bicycle parking facilities on-site.
3.
Maintenance. All facilities and improvements required by this subsection shall be maintained by the property owner in compliance with the requirements of this subsection and in a state of good repair.
4.
Monitoring. All facilities and improvements required to be constructed pursuant to this subsection shall be shown on the building plans for the development and shall be in place prior to issuance of a certificate of occupancy.
(Prior code § 27-19.7; Ord. 21-1722 § 2)
§ 17.03.090 Title and purpose.
This article shall be known as the Sign Ordinance. The purpose of this article is to recognize the need for business and certain other signs, and encourage the effective and equitable use of signs, yet prevent and eliminate the disarray and unsightly clutter which promote degrading conditions and tend to downgrade the community and depreciate economic and social values. It is intended to prevent signing which individually and/or cumulatively contributes to conditions that may subtly promote deteriorating trends due to excessive numbers, excessive size, poor orientation, poor maintenance and other such factors. It is also intended to prevent and eliminate signs and conditions which may be hazardous and distract or confuse the attention of motorists from road hazards. For these reasons, the following regulations are deemed imperative to preserve and protect the public health, safety, convenience, and general welfare.
(Prior code § 27-25.1; Ord. 21-1722 § 2)
§ 17.03.100 Permits.
A.
Sign Permit Required. Except as otherwise provided by this article, it is unlawful for any person to erect, construct, alter, paint, relocate, or reconstruct a sign within the City without first obtaining a sign permit from the Planning Division.
B.
Building Permit Required. In addition to a sign permit issued by the Planning Division, a building permit is required to:
1.
Place, erect, locate, or structurally modify any ground-supported sign more than seven feet in height;
2.
Install permanent signs of any kind, other than those painted directly on a building;
3.
Illuminate signs or install sign lighting devices of any kind.
In the case of doubt as to the requirement for a building permit for any sign, the determination of the Chief Building Official or his or her authorized deputy shall be conclusive. |
C.
Permission of Property Owner. No person shall erect, construct or maintain any sign upon any property or building without the written consent of the owner and person entitled to possession of the property or building.
D.
Application. Application for a permit shall be made to the Planning Division upon a form provided by the City, and shall be accompanied by such information, including dimensioned, scaled drawings of the sign size, height, and location, the lettering or advertising message, colors, materials, method or type of lighting and such other information as may be required to assure compliance with all appropriate laws and regulations of the City.
E.
Issuance. The Director or his or her authorized deputy shall issue a sign permit for the erection, construction, alteration, painting, relocation, or reconstruction of a sign within the City whenever an application therefor has been properly made and the sign complies with all appropriate laws and regulations. of the City. Every sign permit issued by the Director or his or her authorized deputy under the provisions of this article shall expire and become null and void if the work authorized by such sign permit has not been completed within 180 days or such time period as may be authorized. The Director may, in writing, suspend or revoke a sign permit issued under provisions of this article whenever a sign permit is issued on the basis of a material omission or misstatement of fact or in violation of any ordinance or any of the provisions of this article.
F.
Referral to the Planning Commission. The Director may refer signs, which otherwise comply with the standards set forth in this article to the Planning Commission for their review and approval, if he or she determines the signs are not appropriately designed, are improperly located, contribute to sign clutter, or will otherwise be contrary to the purpose and intent of these regulations and cause a detrimental effect on adjacent and surrounding property.
G.
Effect of Issuance. No sign permit issued hereunder shall be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued thereunder constitute a defense in an action to abate a nuisance.
H.
Fees. Sign permits shall be subject to such fees as are established by the City Council.
I.
Inspection. A recipient of a sign permit shall notify the Planning Department upon completion of the installation of work for which the permits were issued.
(Prior code § 27-25.2; Ord. 21-1722 § 2)
§ 17.03.110 Signs permitted in the R-H, R-1 and R-2 zones.
Except as otherwise provided by this article, signs shall be permitted in the R-H, R-1 and R-2 zones which conform to the following:
B.
Permitted Signs. For each single-family home or duplex, one nameplate containing the address and indicating only the name of a natural person or family in residence, not exceeding two square feet in area for each occupancy; nameplates shall be placed flat against a building or designed as part of an architectural feature, except that signs may be detached if less than six feet in height above finished grade.
C.
Neighborhood or Permanent Tract Signs. If a permit therefor is granted by the Planning Commission as provided by Section 17.02.250.
D.
School, Hospital, Church, Etc., Signs. In conjunction with a permitted school, church, hospital, convalescent hospital, mobile home park, or day nursery, two signs for each street frontage, including not more than one detached sign, are permitted, the total sign area for each frontage, is limited to 40 square feet; no part of any sign shall be located in or project into any required setback unless approved by the Director or the Planning Commission as not detrimental to the purposes and policies of this article; and detached signs shall be limited to an overall height of 16 feet.
(Prior code § 27-25.3; Ord. 21-1722 § 2)
§ 17.03.120 Signs permitted in the R-3 zone.
Except as otherwise provided by this chapter, signs shall be permitted in the R-3 zone which conform to the following:
B.
Permitted Signs. One attached sign of a permanent nature not to exceed one square foot of sign area for each two feet of frontage on a public street, provided that the maximum sign area is restricted to 50 square feet; all signs shall be placed flat against the building or designed as part of an architectural feature, except that signs may be detached if they do not exceed a height of six feet above finished grade nor project into any required setback.
C.
Neighborhood or Permanent Tract Signs. If a permit is granted by the Planning Commission as provided by Section 17.02.250.
D.
School, Hospital, Church, Etc., Signs. In conjunction with a permitted school, church, hospital, convalescent hospital, mobile home park, or day nursery, two signs for each street frontage, including not more than one detached sign, are permitted; the total sign area for each frontage is limited to 40 square feet; no part of any sign shall be located or project into any required setback unless approved by the Director or the Planning Commission as not detrimental to the purposes and policies of this article; and detached signs shall be limited to an overall height of 16 feet.
(Prior code § 27-25.4; Ord. 21-1722 § 2)
§ 17.03.130 Signs permitted in the C&O, P/O and PF zones.
Except as otherwise provided in this article, signs shall be permitted in the C&O, P/O and PF zones which conform to the following:
B.
Permitted Wall Signs. Two wall signs for each main building, limited to a total area of 80 square feet or five percent of the building face for both signs, which ever is greater, but in no event shall any one sign exceed a maximum area of 200 square feet nor a total area of 250 square feet area for both signs.
C.
Permitted Monument Signs. One low-profile monument type sign not exceeding seven feet in height nor more than 32 square feet in area, located in a planter area adjacent to a street frontage not less than 25 feet from any street corner nor closer than five feet from a street property line.
D.
Additional Signs for Frontage on Two Streets. If the property has frontage on more than one street, one additional wall or monument sign fronting on the side street shall be permitted, such signs shall not exceed 32 square feet in area and, if a monument type sign, shall be subject to the height, setback, and location limitations specified in subsection C of this section.
E.
Additional Signs Allowed for More Than Two Uses. If there are more than two separate uses on the property, only one additional wall sign, not to exceed 32 square feet in area, is permitted.
F.
Copy Area Limited. The copy area of any sign shall not exceed 50% of the background area.
G.
Prohibited Signs. Painted, roof, motion, and detached or freestanding signs are expressly prohibited; except, monument signs are permitted.
H.
PF Regulations Supersede Underlying Regulations Except Residential. Sign regulations of the PF zone supersede the sign regulations. of the underlying zones; except, underlying residential zones shall govern signs for a PF zone and permitted uses specified herein.
(Prior code § 27-25.5; Ord. 21-1722 § 2)
§ 17.03.140 Signs permitted in the C-1, C-3, C-M, M-1 and M-2 zones.
Except as otherwise provided in this article, signs shall be permitted in the C-1, C-3, C-M, M-1 and M-2 zones, which conform to the following:
B.
Attached Signs. Sign(s) are permitted for each separate use or occupancy, placed on the building, limited in total aggregate area for all such signs to 20% of the building face but not to exceed a maximum size of 150 square feet for any one sign; within a designated shopping or industrial center, the number and/or area of signs permitted may be more restrictive, and shall be subject to limitations established by an approved master sign plan.
C.
Additional Signs. Sign(s) are permitted for each additional building elevation, located on such elevation, limited in total aggregate area for all such signs to 10% of the building face but not to exceed a maximum size of 75 square feet for any one sign; within a designated shopping or industrial center, the number and/or area of signs permitted may be more restrictive, and shall be subject to limitations established by an approved master sign plan.
D.
Freestanding and Roof Signs. One freestanding or roof sign for each lot having a minimum street frontage of 100 feet with one additional sign permitted for each additional 150 feet of street frontage.
1.
The maximum area of any such sign is limited to 150 square feet.
2.
Roof signs shall be limited to a maximum, overall height of 12 feet above the roof.
3.
If more than one detached or roof sign is permitted on a lot, the distance between such signs shall be not less than 150 feet.
4.
Within a designated shopping or industrial center, the number and/or area of signs permitted may be more restrictive, and shall be subject to limitations established by an approved master sign plan.
E.
Shopping and Industrial Centers. Filing and approval of a master sign plan, as provided by the sign use permit procedure, shall be required.
F.
Height Limit. The maximum height limit shall be 35 feet above finished grade, or as otherwise determined by an approved Sign Use Permit.
G.
Billboards. Off-site signs or billboards shall be subject to the issuance, existence, and validity of a sign use permit.
H.
Automotive Service Stations. In consideration of design, merchandising methods and other unique characteristics customary to service station operations, the following additional signs are permitted:
I.
Flags and Pennants. Flags and pennants are subject to the issuance, existence, and validity or a sign permit issued by the Director. Such sign permit shall be valid for a maximum of 120 days, and all flags and pennants so permitted shall be maintained in strict compliance with Section 17.03.190(A).
(Prior code § 27-25.6; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.03.160 General requirements and limitations.
A.
Corner Lot Signs. On corner lots, the amount of sign area permitted for one street front age is not transferable to another. A sign erected at the corner and visible from both streets shall not exceed the maximum area allowed for the longest frontage; and the area of such sign shall be deducted from the total sign area and number of signs permitted on the property.
B.
Exposed Sign Face Structural Elements Prohibited. All signs, except those placed flat against a wall, building, or architectural projection of a building, shall be double-faced, or the rear of any side of a sign face or cabinet visible to the public shall be provided with a flat surfaced cover to obscure structural members or elements of the sign face or cabinet.
C.
Focus of Direct Light on Residential Property Prohibited. No artificial light of any kind used to illuminate any sign, nor any reflective material, shall be so placed, erected or constructed as to focus direct light into any structure used for residential purposes.
D.
Structural Supports Limited. No more than two supporting columns or visible structural supports may be used to support any sign, unless approved by the Director as an architectural or decorative feature.
E.
Signs Encroaching in Public Right-of-Way. Marquee signs or other signs permitted to encroach over the public right-of-way shall be erected, constructed, or placed in compliance with regulations specified in Chapters 45 and 62 of the Uniform Building Code, as adopted by Title 15 of this code, and all pertinent provisions of this chapter.
F.
Use of Visible Supports Prohibited. "Angle Iron" or "I Beams" for visible structural supports shall not be used unless covered with decorative material and approved by the Director as an architectural or decorative feature. The use of exposed or visible guy wire supports is prohibited.
G.
Height Regulations for Signs on Parapet Walls and Sloping and Shed Roofs. A sign may be attached to the face of a parapet wall, to the fascia or surface of a sloping roof, or to the fascia of a shed roof; however, such sign shall not extend above the highest point of the parapet wall, more than four feet above the upper edge of the fascia of a sloping roof, or more than four feet above the lower edge, of the fascia of a shed roof. Such signs are not considered roof signs.
(Prior code § 27-25.8; Ord. 21-1722 § 2)
§ 17.03.170 Exempt signs.
The following signs are permitted in all zones, subject to administrative review by the Planning Division, as noted; provided that building permits are required for ground signs that exceed seven feet in height, any sign(s) affixed to a building or for any sign requiring electrical service. Exempt signs shall not be included in the number and area of signs otherwise permitted.
A.
Directional or Instructional Signs. Subject to administrative review, on-site signs, not to exceed six square feet in area per sign, which provide only instructions such as identifying hospital emergency entrances, restrooms, public telephones, directories, vacancies, or walkways, or which provide notice that disturbing noise or trespassing are prohibited, and those which provide matter of similar nature; on-site directional signs not to exceed six square feet in area per sign nor more than one sign for each driveway access to a public right-of-way, and restricted to four feet in height unless approved by the Director in order to overcome physical obstructions.
B.
Flags. The flags, emblems, or insignias of any nation or political subdivision utilized for noncommercial use.
C.
Interior Signs. Signs located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court or entrance of any theater; except, signs on the interior surface of windows shall not be considered interior signs.
D.
Memorial Signs or Tablets. Memorial signs or tablets, names of buildings, and dates of building erection when cut into the surface or facade of the building.
E.
Nameplates. One nameplate, not exceeding two square feet in area, for each dwelling unit or office.
G.
Political Signs. Subject to compliance with the following requirements:
1.
Signs maybe no larger than 32 square feet in any zone.
2.
Signs may be erected no sooner than 90 days prior to a general, primary or special election and shall be removed no later than 14 days following the election.
3.
Signs of primary election winners may remain until the general election.
4.
Signs placed upon the public right-of-way are expressly prohibited and will be removed by the City. If the sign is placed in such a manner as to obscure traffic signs or signals or obstruct vehicle operators' line of sight they are subject to immediate removal by City staff.
H.
Project Construction Signs. On-site construction or project signs advertising the architect, builder, financing, sale, lease, or related information if limited to 50 square feet in area for each street frontage, placed more than 100 feet from the street intersection if more than one sign used, and provided such sign is removed within 30 days after "occupancy" is authorized.
I.
Public Notices and Governmental Signs. Official notices posted by public officers or employees in the performance of their duties; governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety.
J.
Real Estate Signs. One six square foot, on-site, real estate sign for each frontage on a public street, provided that such sign(s) shall be removed within 30 days following the sale, lease, or disposition of the real property.
K.
Special Event Signs. Such signs, including seasonal nonpermanent signs, may be approved for a limited time, provided:
L.
Subdivision Tract Signs. Subject to administrative review, one on-site tract sign, not exceeding an area of 160 square feet, located within the boundaries of a new subdivision, to advertise directions, price, terms and similar information, provided such advertising display is removed within a period of 18 months after the date of original placement, unless an extension has been granted by the Director.
M.
Symbols or Insignias. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque, or identification emblem shall exceed six square feet in area; such signs shall be placed flat against the building.
N.
Temporary Business Promotion Signs. Signs used as a means of publicizing a special business event shall be submitted for review and for approval to the Director. Such signs shall not be displayed for a period exceeding 90 days, shall not exceed a total sign area of 150 square feet, and shall be subject to such other conditions as determined necessary to assure public safety and general compliance with the intents and purposes of this title.
O.
Window Signs. When used as a means of publicizing a special business event, together with all other window signs, shall not exceed 50% of total window area.
§ 17.03.180 Prohibited signs.
No person shall erect, construct, relocate, maintain or use any of the following type signs:
A.
Traffic Hazards. Signs which, by color, wording, design, location, illumination or similar characteristics, interfere with or may be confused with any authorized traffic sign, signal or control device regulating the safe and efficient flow of traffic; or which may create a safety hazard by obstructing a clear view of pedestrian or vehicular traffic; or which obstructs access to required parking areas.
B.
Motion Signs. Except as provided by Section 17.02.250, no motion sign except for the rotation of barber poles, revolving prism of site signs and as noted in the definitions; except that revolving prism units may be used if such parts do not exceed a speed of one complete revolution, including the stationary period of the prism, in a 30 second period.
C.
Banners. Banners, except when used for authorized events as provided by Sections 17.03.170(K) Special Event Signs, 17.03.170(N) Temporary Business Promotion Signs, and 17.03.170(O) Window Signs.
D.
Indecent Signs. Signs that display a message or graphic representation that is lewd, indecent, or otherwise offensive to public morals, as determined by the Planning Commission according to established community standards.
E.
On Public Rights-of-Way. Signs on public property (including signs within the public right-of-way), or on any street lamp post, tree, shrub, tree stake or guard, railroad right-of-way, electric light or power or telephone pole, or wire appurtenance thereof, except civic event signs with the prior approval of the Director of Public Services as to the size, number, duration of display, and location of such signs. Any sign found posted, or otherwise, affixed upon any public property or contrary to the provisions of this section may be immediately removed by the Department of Public Services.
F.
Portable Signs. "A-Frame" and other portable signs of a similar nature.
G.
Vehicular Supported Signs. Any signs or advertising device attached to or located on a vehicle or trailer, parked on private property or public right-of-way, for the basic purpose of advertising products or services or directing people to a business or activity; provided that this subsection is not intended to apply to standard advertising or identification practice where such signs are painted on or permanently attached to a business or commercial vehicle.
H.
Balloon Signs. Fixed balloon signs or any lighter-than-air-or gas-filled balloon(s) attached by means of a rope or tether to a fixed location.
I.
Cabinet Signs. A sign structure comprised of a frame and face(s) with removable plexiglass face, which may or may not be internally illuminated.
J.
Noise and Matter Emitting Signs. Advertising signs or devices which emit sound, odor, or visible matter.
K.
Intensely Lighted Signs. Any signs which, because of their intensity of light, constitutes a nuisance or hazard to vehicular traffic, pedestrians, or adjacent properties.
L.
Miscellaneous Signs. Any signs or posters visible from public view, or otherwise affixed to the exterior surfaces of a building, barn, shed, or on trees, poles, posts, fences, or other structures or appurtenances.
(Prior code § 27-25.10; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.03.190 Maintenance of signs.
A.
Maintenance and Repair. Each sign shall be maintained in a safe, presentable and good condition, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of the sign.
B.
Abandoned Signs. Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which was erected for an occupant or business unrelated to the present occupant or his or her business, or a sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned; except that signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited, and shall be promptly removed by the owner of the sign or owner of the premises by order of the Director or the Planning Commission.
C.
Dangerous or Defective Signs. No person shall maintain or permit to be maintained, on any premises owned or controlled by him or her, any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises.
(Prior code § 27-25.12; Ord. 21-1722 § 2)
§ 17.03.200 Appeals.
Appeals from Decision of Director. Any person dissatisfied with the action of the Director on a request for a sign permit or other action relating to the administration of this article may appeal to the Planning Commission. Upon the filing of an appeal in writing, the Director shall schedule the matter at the first practical date for consideration by the Board at a regular meeting. The Board shall hold a hearing on the appeal, and may affirm, modify, or reverse the action or decision of the Director.
(Prior code § 27-25.13; Ord. 21-1722 § 2)
§ 17.03.205 Special Sign District No. 01.
A.
Purpose. The City has adopted this Special Sign District No. 01 (SD 1) in accordance with the provisions of Chapter Title 17 Chapter 17.02 Article V of the Norwalk Municipal Code (NMC) in order to demolish an existing freeway-oriented freestanding sign and construct a new freeway-oriented freestanding sign that would enhance the economic vitality of the businesses within SD 1.
B.
Applicability. This Special Sign District applies to 8047-006-910, 8047-006-922, 8047-006-924, 8047-006-925, 8047-006-926, 8047-006-927, 8047-007-136, 8047-007-188, 8047-007-189, 8047-007-190 and 8047-007-191.
C.
District Boundaries. The boundaries of SD 1 are reflected within the Zoning Map.
E.
Approvals.
1.
Relation to Signage Regulations. Any person desiring to erect or place a sign on the new freeway-oriented freestanding sign shall comply with all provisions of Chapter 17.03 Article III Signs of the NMC unless specifically modified herein.
2.
Location of Businesses Allowed on a Freeway-Oriented Freestanding Sign. The business shall be located within the boundary of SD 1. No other business, product, service or use shall be permitted on the freestanding sign.
F.
Administration and General Provisions.
1.
Review of Final Designs. The Planning Commission shall review and approve the final design for any new sign subject to this provision via a sign use permit.
2.
Other Requirements May Still Apply. Nothing in this Special Sign District section eliminates the need for obtaining any other approval or entitlement required by provisions of the NMC or any local, State or Federal agency.
G.
Responsibility for Administration. The Community Development Director, or designee, shall be responsible for administering the provisions of SD 1. This shall include the responsibility and authority to interpret any section of the ordinance codified in this section.
(Ord. 24-1750, 10/1/2024)
§ 17.03.210 Foregoing regulations subject to this chapter.
The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions, and exceptions contained in this article.
(Prior code § 27-23.1; Ord. 21-1722 § 2)
§ 17.03.220 Improvement and use, street requirements.
A.
Each lot or parcel otherwise constituting a legal building site:
1.
Which has the required minimum area and otherwise conforms to the requirements of this title; and
2.
Which has access to a portion of a public street certified by the Director of Public Services as being a part of the City street system and as conforming to general City standards and requirements as to width, improvements, drainage, grade, and otherwise, or to special standards expressly authorized by the City Council:
a.
By abutment thereon for a linear distance of not less than 20 feet, or
b.
By passage over any streets, ways, or private easements of record, if the Planning Commission determines that the access from the City street system to the proposed buildings and uses will be adequate to meet traffic, health and public safety requirements,
May be improved and used in the manner permitted by this title. |
B.
Where a determination of the adequacy of access is required to be made by the Planning Commission pursuant to subsection (A)(2)(b) of this section, a plot plan conforming to the requirements of the Planning Commission as to scope, form and content shall be submitted, and any improvement or use of the property shall be subject to the approval of the Planning Commission. The Planning Commission shall not approve any proposed development or use hereunder unless it shall find that the applicant has shown to the reasonable satisfaction of the Planning Commission:
1.
That the access is adequate;
2.
That the limited access for the proposed development or use will not adversely affect the established character of the neighborhood or area, nor be materially detrimental to the public welfare, nor injurious to the property or improvements in the neighborhood; and
3.
That approval of the plot plan will not adversely affect the general plan.
C.
An appeal from any determination or decision of the Planning Commission hereunder may be taken to the City Council. The time for filing such appeal, the content and form thereof, and the procedure for dealing with and determining such appeal shall follow the provisions regarding appeals set forth in Sections 17.02.210(G) and (H), and, as though these sections expressly referred to plot plan cases, provided, however, that notice of the decision of the City Council need be given only to the applicant.
D.
Except as herein provided, no parcel or lot, whether or not of the required minimum area and width, may be improved by addition, construction, reconstruction, erection or structural alteration of any building thereon, nor may any use be maintained thereon except such use as was lawfully established thereon on August 14, 1961, and continued thereafter without suspension.
(Prior code § 27-22.11; Ord. 21-1722 § 2)
§ 17.03.230 Height of penthouses and roof structures.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts, and similar structures, when permitted in the particular zone, may be erected above the height limits prescribed by this title, but no penthouse, roof structure, or any other portion of a structure above the height limit prescribed for the zone in which the building is located may be used as additional floor space.
(Prior code § 27-23.2; Ord. 21-1722 § 2)
§ 17.03.240 Yard requirements for property abutting half-streets.
No building or structure shall be erected or maintained in any zone on a lot or parcel which abuts a street having only a portion of its required width (as determined by the City Council or the Director of Public Services) dedicated, where less than one-half of the required width would normally revert to such lot if the street were vacated, unless the yards provided for such building or structure have a width or depth equal to the sum of the difference between one-half of the required width of such street and the width which would revert to such lot or parcel, plus the width or depth of the yards otherwise required for such building or structure by this title.
This section does not require a yard of such width or depth as to reduce the buildable width of a corner lot to less than 40 feet.
(Prior code § 27-23.3; Ord. 21-1722 § 2)
§ 17.03.250 Corner cut-off area- Vision clearance dedication.
A.
All corner lots shall maintain, for safety vision purposes, a corner cut-off at the street intersection corner of the lot, which cut-off shall be formed by a diagonal line drawn between two points located 17 feet along the front and side lot lines from their point of intersection, or from the point of intersection of the lot lines as extended. Within such corner cut-off, no tree, fence, shrub or other physical obstruction higher than 30 inches above the established curb grade shall be permitted; provided, however, that the City Engineer may waive or modify the restrictions imposed by this section where, in his or her opinion, the obstruction will not constitute an unreasonable hazard to traffic safety.
B.
No building or structure shall hereafter be erected or constructed upon a corner lot, nor shall any existing building or structure upon a corner lot be substantially reconstructed, or structurally altered, unless the required corner cut-off area shall have been dedicated to the public use. Unless waived or modified by the City Engineer, the size, shape or area of the corner cut-off shall be determined by a curved line on a constant radius of either 15 feet or 25 feet constructed tangent to the two lot lines intersecting at the corner. The 15 foot radius will be used at all intersections of one or more streets whose ultimate right-of-way width is or will be less than 80 feet. The 25 foot radius will be used for cut-offs at all other intersections.
(Prior code § 27-23.4; Ord. 21-1722 § 2)
§ 17.03.260 Cornices, eaves, etc., may project into yards.
Cornices, eaves, belt courses, sills, buttresses, chimneys, and other similar architectural features may extend or project into a required side yard provided that no such features may project within 30 inches from the side property line, and may extend or project into a required front or rear yard not more than 48 inches.
(Prior code § 27-23.5; Ord. 21-1722 § 2)
§ 17.03.270 Stairways and balconies may project into front and rear yards.
An open, unenclosed stairway or balcony not covered by a roof or canopy may extend or project into required front and rear yards not more than 48 inches.
(Prior code § 27-23.6; Ord. 21-1722 § 2)
§ 17.03.280 Porches and patios may project into yards.
A.
In any R-1, R-2, R-3, R-A or R-P zone, a covered or uncovered porch or patio substantially enclosed on not more than one side in addition to a side of which 50% or more is a common wall with a main building, and which does not extend above the level of the first floor of the main building to which it is attached, may extend or project not more than six feet into the required front yard, or into any part of a required rear yard, provided that it shall not extend or project within five feet of the rear lot line or of any alley line, and further provided that not more than 50% of a required rear yard may be occupied by structures of any kind.
B.
In any such zone, an uncovered porch or platform, without enclosure, except as afforded by the wall of a building, and which does not extend above the level of the first floor of the building to which it is attached, may extend or project into a required front yard or side yard not more than six inches for each one foot of the required depth or width of such yard, and into any part of a required rear yard, but not within five feet of the rear lot line or of any alley line.
(Prior code § 27-23.7; Ord. 21-1722 § 2)
§ 17.03.290 Key lots.
The minimum front yard requirement for a key lot may be reduced by the Planning Commission to a minimum of 10 feet, by approval of a plot plan showing such reduced front yard.
(Prior code § 27-23.8; Ord. 21-1722 § 2)
§ 17.03.300 Height limitations for walls, fences and hedges.
A.
A solid wall, fence, or hedge up to six feet in height may be located anywhere on a lot or parcel, except within the required front setback area, where the height is restricted to 42 inches, and except within a corner cut-off area, where the height is restricted to 30 inches as prescribed in Section 17.03.250.
B.
The Director of Community Development may grant administrative approval for: (1) an open, non-view obscuring fence exceeding the above stated height limitation within the required front setback area or within a corner cut-off area; or (2) a solid wall, fence, or hedge in excess of six feet in height located elsewhere on a lot or parcel where the Director determines that such fence or wall will not adversely affect the public health, safety, or general welfare.
C.
No wall or fence in excess of six feet in height shall be erected or constructed unless a building permit therefor has been obtained.
(Prior code § 27-23.9; Ord. 1453 § 1, 1996; Ord. 21-1722 § 2)
§ 17.03.310 Creation of substandard lots prohibited- Exception.
A.
No person shall, by deed, dedication, grant, hypothecation, creation of or subjection to lien or encumbrance, or by any other means whatsoever, reduce or diminish or subject to possible future reduction or diminishment by foreclosure of any lien, hypothecation or encumbrance, any area, width, yard, or setback or other open spaces of any lot or parcel, below the minimum area, width, yard, setback or other open space requirements prescribed by this title, except as hereinafter in this section provided.
B.
This section shall not prohibit reduction in size of any lot or parcel area by the exercise of the power of eminent domain by the City, or by dedication or grant to the City, or to any other public agency, for public purposes; provided that, whenever the area, width, yard, setback or other open space of any lot or parcel is diminished below the minimum required by this title in such manner, the substandard remaining lot or parcel shall be a legal building site only if certified by the Director as substantially conforming to the requirements or the zone in which such parcel is situated and substantially conforming to the purposes and intents of this title as declared in Section 17.01.020. Upon demand, any interested person may require such certification, if given, to be put in writing, acknowledged and recorded in the office of the County Recorder.
(Prior code § 27-23.10; Ord. 21-1722 § 2)
§ 17.03.320 Moving, converting or altering buildings.
No structure which is moved onto or to a different building site or location within the City, in any zone, may be occupied or used unless the structure is made to conform to all of the requirements of this title. No structure moved onto or to a different building site or location may remain within the City, except for resale in a zone where such use is permitted, for a period exceeding six months, without being brought into full conformance to all of the requirements of this title. No building shall be converted or structurally altered in any zone unless such conversion or alteration is intended to result and results in substantial conformance to the requirements set forth in this title.
(Prior code § 27-23.12; Ord. 21-1722 § 2)
§ 17.03.330 Sound control for industrial properties abutting residential property.
Yard requirements in the nature of building and structure setbacks (hereinafter termed "building setbacks") are applicable to all industrial development abutting property zoned for residential use; provided, however, that this section shall not apply to industrial development existing on August 10, 1964, except upon the expansion of such use, construction or erection of additional buildings, or structural alteration of existing buildings, and shall not in any event require removal of existing buildings or structures or prevent expansion, construction, erection or alteration outside of such required setback areas.
A.
Rear and Side Yard Setbacks. Except as hereinafter provided in this paragraph, every lot or parcel zoned or used for industrial development and abutting property zoned for residential use shall maintain rear and side yard building setbacks of 20 feet for all industrial buildings and structures not exceeding one story or 20 feet in height, and 40 feet rear and side yard building setbacks for industrial buildings or structures exceeding one story or 20 feet in height, along the side lot or rear lot lines where such lot or parcel abuts upon residential property.
1.
Alternate Sound Control for Ten- to Twenty-Foot Setback. Notwithstanding the foregoing provision of this paragraph, industrial buildings and structures not exceeding one story or 20 feet in height may be erected or maintained not less than 10 feet from the side lot or rear lot lines abutting upon residential property, and industrial buildings or structures exceeding one story or 20 feet in height may be erected or maintained not less than 20 feet from the side or rear lot lines abutting upon such residential property, provided that the following conditions are strictly complied with:
a.
Exterior walls within 20 feet of such side or rear lot lines shall be at least six inches in thickness, and shall be constructed of: (i) reinforced concrete or concrete block, or of (ii) double two-inch by four-inch studs, with stud spaces filled with a minimum of four inches of insulation, with stucco on the exterior face of the wall and lath and plaster on the interior, or of (iii) other materials and designs approved by the Community Development Department as equivalent in sound and fire control to either of the foregoing;
b.
Only fixed or stationary windows may be constructed in walls parallel to such side or rear lot lines;
c.
Roof openings may be constructed in such buildings or structures only if they are so equipped that they may be closed to prevent the emission of noise of such a nature or intensity as would tend to disturb the peace and quiet of residents on abutting properties.
2.
Sound Control for Zero- to Ten-Foot Setback. Notwithstanding the foregoing provision of this section, industrial buildings and structures not exceeding one story or 20 feet in height may be erected and maintained without regard to side or rear lot line setbacks, provided that the following conditions are strictly complied with:
a.
All exterior walls of such buildings or structures shall be constructed of six-inch reinforced concrete or six-inch concrete block, or of other materials and designs approved by the Community Development Department as equivalent in sound and fire control;
b.
No windows, doors, or other openings shall be installed or permitted in any wall of such building or structure abutting such residential property;
c.
No roof openings may be installed or constructed in such building or structure within 40 feet of a lot or parcel line abutting residential property, and no industrial tools or equipment may be operated on such lot or parcel which make a sound audible from abutting nonindustrial properties and with a sound level in excess of the average sound level at the same times of the nonindustrial neighborhood in the immediate vicinity.
B.
Permitted Use of Setback Areas. Each such setback area required by this section shall be used only for temporary parking of automobiles, or as otherwise permitted if such area were in the P zone; provided, however, that if such setback area is used for parking, it shall be improved as specified in Section 17.03.050(C).
C.
Wall to Separate from Residential Uses. A solid masonry wall, not less than six feet in height, shall be constructed and maintained along each lot or parcel line of property used for industrial use, when such lot or parcel line abuts property zoned for residential use. If the exterior wall of a building or structure abutting such residential property is located within five feet of such boundary line, the masonry wall may be constructed as an adjunct to or prolongation of such exterior building or structure wall. The construction and maintenance of such wall shall be the responsibility of the industrial user. Notwithstanding any other provision of this article or of this code, no industrial use is permitted to continue or commence without compliance with this requirement.
D.
Entrances and Openings. Any other provision of this article notwithstanding, no doorway entrance or other opening in excess of four feet by eight feet in any industrial building or structure shall be installed or maintained within 100 feet of a side or rear lot line abutting upon residential zoned or used property; provided, however, that an entrance or opening in excess thereof may be installed in a wall of such building or structure opposite to the wall abutting such residential property; and provided, further, that an entrance or opening in excess thereof may be installed in a wall substantially perpendicular to the lot line abutting such residential property within 100 feet of such residential property when such opening is separated from such side or rear lot line by a portion of the industrial building or structure at least equal in length to the width of such opening and substantially perpendicular to such opening.
(Prior code § 27-23.14; Ord. 21-1722 § 2)
§ 17.03.340 Irregularly and unusually shaped or situated properties.
Notwithstanding the yard requirements generally imposed in the several zones by other provisions of this title, the yard requirements for irregularly or unusually shaped or situated properties shall be as determined in accordance with this section. Each lot or parcel determined by the Planning Division to be of such an irregular or unusual shape, or to be so irregularly or unusually situated that the yard requirements generally applicable in the particular zone cannot govern such property in a particular manner, shall not be compelled to adhere to the generally applicable yard and setback requirements if it shall comply with and conform to particular yard requirements imposed on such property by the Director. Prior to construction of any buildings thereon, such property shall be subject to review by the Director, who shall determine the appropriate yard requirements by written order, copies of which shall be filed with the City Clerk and with the Community Development Department and shall be posted forthwith upon a bulletin board in the City Hall corridor or entryway. Such requirements shall be determined with the following considerations in mind:
A.
Type, location and extent of yards and setbacks on adjacent properties;
B.
Location of existing and potential buildings on the subject and adjacent properties;
C.
Use of buildings, yards and setback areas on the subject and adjacent properties;
D.
Zoning of the subject and adjacent properties.
In determining the appropriate yard and setback requirements, the Director shall generally be guided by the purposes and intents of this title as declared in Section 17.01.020, as they relate to yards and setbacks, and shall follow the principle that yard and setback requirements for irregularly or unusually shaped or situated properties should generally be substantially similar in their effect to the effect usually produced by, the standard yard and setback requirements applicable to standard lots in the same zone and vicinity. |
Any determination made pursuant to this section shall be subject to appeal to the Planning Commission by the property owner or any other person objecting thereto, by written notice of appeal filed with the Planning Division within 10 days following the posting of a copy thereof as hereinabove required. The filing of an appeal within such period shall suspend the operation of such determination until final determination by the Planning Commission, which shall be guided by the standards and principles hereinabove set forth. |
(Prior code § 27-23.15; Ord. 21-1722 § 2)