Norwalk City Zoning Code
CHAPTER 17
04 USE REGULATIONS
Ord- 25-1764_0
Ord- 25-1762_1
Ord- 25-1763_2
§ 17.04.010 Allowed uses and land use matrix.
A.
Applicability. This section sets forth use regulations for the following zones: C-1, C-3, C-M, C and O, P/O, M-1, and M-2. The uses for other zones listed in this title, including, but not limited to: residential zones, specific plan areas, planned unit developments and other special purpose zones are regulated by their corresponding code sections.
B.
Use Categories. In order to regulate uses, categories of uses have been established and are defined in Section 17.01.060. Use categories provide a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product or physical characteristics. Characteristics include the type and amount of activity, the hours of operation, the type of customers or residents, how goods or services are sold or delivered, and potential impact on surrounding properties and site conditions. Where a use category contains a list of included uses, the list is to be considered as examples of uses, and is not intended to be all-inclusive.
D.
Uses Not Specifically Listed. A use not specifically listed is prohibited unless the Director determines the use to be part of a use category as defined in Section 17.01.060.
E.
Land Use Matrix Legend. The land use matrix identifies uses permitted in C-1, C-3, C-M, C and O, P/O, M-1, and M-2 zones. The following defines the abbreviations used in the land use matrix:
1.
Permitted Use (P) indicates that the use is permitted by right.
2.
Conditional Use (C) indicates that the use is conditionally permitted and is subject to the review and approval of a Conditional Use Permit pursuant to Section 17.02.210.
3.
Director Approval (D) indicates that the use is subject to an administrative approval pursuant to Section 17.02.203.
4.
Use Not Permitted (—) indicates that the use is not permitted in a specified zone.
5.
Asterisk (*) indicates that the use may be permitted or conditionally permitted, but additional requirements or limitations may apply as noted in the reference column of the land use matrix.
6.
Square feet (SF) indicates a unit of area to a square one foot long on each side.
(Prior code § 27-22.1; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.015 Limitations on permitted uses.
A.
Commercial Uses.
1.
C-1 Zone. Every use permitted or maintained in a C-1 zone shall be subject to the following conditions and limitations, notwithstanding any inconsistent provisions of this title or of any permit or official plan issued or adopted hereunder.
a.
All uses shall be conducted wholly within a building, except:
i.
Plant nurseries;
ii.
Outdoor uses permitted by conditional use permit as provided by Section 17.06.010(B);
iii.
Commercial parking lots; and
iv.
Uses incidental to a use conducted primarily within a building located on the premises; provided that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided, further, that such incidental uses are of a type which cannot be economically or practically conducted within buildings, such as outdoor displays and storage. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental use shall be considered as part of the required parking facilities for the purpose of determining compliance with subsections of this section. All outdoor storage shall be substantially screened from public visibility, public streets, parks or other public places, and properties in the C and O zone or any residential zone, as provided in Section 17.07.020(B).
b.
No merchandise shall be sold other than at retail. Sale of repossessed merchandise or secondhand merchandise taken in by the seller as a trade-in on new merchandise is permissible, provided that such sales are conducted on the premises where such merchandise was originally sold, or any successor locations.
2.
C-3 Zone. Every use permitted or maintained in a C-3 zone shall be subject to the following conditions and limitations, notwithstanding any inconsistent provision of this title or of any permit or official plan issued or adopted hereunder.
a.
Building Height. Maximum structural height is 75 feet.
b.
Open storage of materials and equipment, and principal open work areas, are permitted only when such storage or work areas are substantially screened from public visibility, public streets, parks and other public places, and properties in the C and O zone or any residential zone as provided in Section 17.07.020(B). For the purposes of this chapter, principal open work areas shall include all work areas which are not located wholly within a building enclosed on at least three sides, and which comprise other than a minor or secondary portion of the total area devoted to work activity or involve use of machinery other than hand tools.
3.
C-M Zone. Every use permitted or maintained in a C-M zone shall be subject to the following conditions and limitations, notwithstanding any inconsistent provisions of this title or of any permit or official plan issued or adopted hereunder.
a.
Open storage of materials and equipment, and principal open work areas, are permitted only when such storage or work areas are substantially screened from public visibility, public streets, parks and other public places, and properties in the C and O zone or any residential zone as provided in Section 17.07.020(B). For the purposes of this article, principal open work areas shall include all work areas which are not located wholly within a building enclosed on at least three sides, and comprise other than a minor or secondary proportion of the total area devoted to work activity, or involve the use of machinery other than hand tools. It is the intent that all work be done primarily within a building except incidental work.
4.
C and O Zone. Every use permitted or maintained in the C and O zone shall be subject to the following conditions and limitations, notwithstanding any inconsistent provisions of this article or of any permit or official plan issued or adopted hereunder:
a.
All uses shall be conducted wholly within a building, except for parking facilities.
5.
P/O Zone. Every use permitted or maintained in the P/O zone shall be subject to the following conditions and limitations, notwithstanding any inconsistent provisions of this article or of any permit or official plan issued or adopted hereunder.
a.
All uses shall be conducted wholly within a building, except for parking facilities or other outdoor uses as approved by a Conditional Use Permit, pursuant to Section 17.06.360(E).
b.
Signs for this article are regulated by Chapter 17.03, Article III. Regulations for this zone are intended to restrict signs to few in number, small in size, set back from the public right-of-way, use of low intensity lighting, primary use of earth colors, simple in design, use of quality materials, and primarily for building rather than tenant identification.
B.
Manufacturing Uses. M-1 and M-2 Zone. Every use permitted or maintained in an M-1 zone shall be subject to the following conditions and limitations, notwithstanding any inconsistent provisions of this title or of any permit or official plan issued or adopted hereunder:
1.
No use shall be conducted so as to permit more noise, odor, dust, mud, smoke, fumes, or vibration to escape from the premises than is reasonably required in the conduct of such use.
2.
Open storage of materials and equipment, and open work areas, are permitted only when such storage or work areas are substantially screened from public visibility (excepting driveways) from public streets, parks, and other public places, from residential or commercial zones of any kind and from permitted ground floor residential uses, by either permanent buildings or by a solid masonry wall not less than six feet in height, except as hereinafter provided; and are maintained as hereinafter provided:
a.
For the purpose of this section, the term "public visibility" is generally defined as visibility by any persons of storage or work areas within 100 feet of a property line abutting upon a public street, alley, park or other place, or upon residential or commercial zones of any kind, or upon a lot occupied by a permitted ground floor residential use, but may also include clear visibility of such areas, wherever located, if such view has a substantial tendency to depreciate property values in the vicinity;
b.
Such open storage within 50 feet of a wall which is required to screen it from public visibility may not exceed its height if such wall is required to screen such open storage from a residential zone, and may not exceed the height of the screening wall if within 10 feet of such wall in all other cases; and
c.
The screening requirements of this section may be satisfied by the use of other materials and techniques of screening, including landscaping, and the required distances and heights may be varied, if allowed by a conditional use permit applied for and granted as provided in Section 17.02.210, subject to the validity of such permit and to full compliance with each and every term and condition thereof.
C.
All commercial or industrial zoning abutting any residential zones such as R-1, R-2, R-3, R-H, and R-4 must provide a five-foot setback from the property line while maintaining a height limit of 35 feet.
For purposes of this section if any structure is to exceed 35 feet in height while abutting a residential property it is subject to review and approval of a conditional use permit to adjust setbacks to appropriately match the newly permitted height.
(Prior code § 27-12.2; Ord. 17-1690 § 1; Ord. 20-1720 § 2; Ord. 21-1722 § 2; Ord. 23-1744, 12/5/2023)
§ 17.04.020 Public utilities.
The provisions of this title shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric or telephone transmission lines or railroads, when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State within rights-of-way, easements, franchises, or ownerships of such public utilities, except to the extent such activities are validly subject to regulation and control by the City.
(Prior code § 27-22.4; Ord. 21-1722 § 2)
§ 17.04.030 Radio towers and transmitters.
Radio towers and transmitters not used for any commercial purpose are a permitted use in any zone, subject to issuance of a building permit for any tower over 35 feet in height. Radio towers and transmitters used for any commercial purpose are permitted in any zone only upon issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 and full compliance with each and every condition thereof.
(Prior code § 27-22.7; Ord. 21-1722 § 2)
§ 17.04.040 Mobilehome parks.
A mobilehome park may be permitted in any zone where such use is not permitted as a matter of right, provided that a conditional use permit shall have been granted therefor, and shall be in full force and effect. Such permit shall be granted only if the Planning Commission shall find that the proposed location, development and use are compatible with the purposes and intents of this title, and that approved minimum standards as set by City, State or Federal law shall be met.
(Prior code § 27-22.9; Ord. 21-1722 § 2)
§ 17.04.050 Temporary exploratory drilling for oil, gas, and other hydrocarbons.
Exploratory oil drilling may be permitted in any zone, provided that a conditional use permit shall have been granted therefor, and shall be in full force and effect. Such permit shall be granted only if the Planning Commission finds that the proposed location, development and use are compatible with the purposes and intents of this title. The Planning Commission may impose any conditions deemed necessary to assure such compatibility.
(Prior code § 27-22.14; Ord. 21-1722 § 2)
§ 17.04.060 Drilling for and production of oil, gas and related products.
Drilling for and production of oil, gas, and related substances may be conducted in any zone, subject to the issuance, existence and validation of a conditional use permit. A conditional use permit for such use shall not be granted unless the Planning Commission finds that the proposed location, development and use are fully compatible with the purposes and intents of this title. The Planning Commission shall impose such conditions as it finds necessary to assure such compatibility and to protect the general public welfare. The Planning Commission may require, but is not limited to, the following:
A.
Soundproofing and other noise control measures;
B.
Limitation of the hours of operation;
C.
Restrictions on the height, location, appearance, and maintenance of structures and equipment;
D.
Fencing, screening, and landscaping;
E.
Restoration of the site upon abandonment; and
F.
Time limits for utilization of the privileges granted by the conditional use permit.
In addition to such conditions as the Planning Commission may impose, all operations shall comply with the provisions of the Los Angeles County Fire Prevention Code, air pollution regulations, and all other applicable statutes, ordinances, and regulations. All structures and storage facilities, other than subterranean wells, shall comply with the yard and setback requirements of the zone in which they are located. |
(Prior code § 27-22.15; Ord. 21-1722 § 2)
§ 17.04.070 Relocation of structures and buildings.
A.
Authorization. The Planning Commission shall have the authority, subject to the procedures set forth herein, to permit the relocation of structures and buildings whenever it finds the relocation meets the requirements and general intent of this section.
B.
Purpose. No person, firm, or corporation shall move, or cause to be moved, any building or structure, or any section of any building or structure, over, upon, along or across any public street, place or alley, into the City, or from one location to another in the City, without first obtaining a conditional use permit from the Planning Commission.
C.
Applications. Applications for a conditional use permit for the relocation of structures and buildings shall be filed with the Director, and shall contain the following on a form prescribed for this purpose:
1.
A statement signed by the owner of the premises upon which the relocated structure or building is proposed to be placed stating his or her full name and address, the type of building or structure, the present and proposed location, and the fair value and approximate age of the building or structure to be moved;
2.
A certificate from a licensed structural pest control contractor stating the condition of the property with respect to decay and pest infestation; said certificate shall be as of a date no earlier than 30 days prior to the application for relocation;
3.
A plan showing the proposed location of the building or structure upon the property to which the building or structure is to be moved, renderings of any proposed alterations to the exterior of the building or structure and colored photographs of all sides of such building or structure;
4.
A nonrefundable filing fee in an amount set by resolution of the City Council which the approving authority may waive or reduce for public agencies;
5.
A faithful performance bond, executed by a responsible surety company authorized to do business in the State of California in an amount as recommended by the City Building Official as being necessary to bring such structure or building up to existing building codes and to the standards of the residences or businesses in the immediate area of the proposed new location; and that all the work, including pest eradication, required to be done pursuant to the conditions of the structure-moving permit be completed within the time limit specified by the Building Official. If the work is not completed within the time permitted, then the bond shall be forfeited and the proceeds used to pay the costs of completing the work or demolishing the structure or building and clearing the property;
6.
Such other data as may be required by the Director to adequately review the application.
D.
Compliance with City Ordinances. The permit or permits herein authorized shall be in addition to all permits required under any other ordinance of the City, and all such relocated buildings or structures shall be subject to the inspection of the City Building Official and must conform to all ordinances of this City and the requirements of the building code and other codes or ordinances relating to building construction and necessary installation incident thereto. In addition, no building or structure shall be relocated to a location within this City unless the building or structure complies with all zoning and other ordinances which apply to the property. At the discretion of the Director, the application for relocation may be referred to the Planning Commission for the Board's recommendations prior to submittal to the Planning Commission for approval.
E.
Review and Approval by Planning Commission. No conditional use permit for the relocation of structures or buildings shall be issued until the same has been approved by the Planning Commission after a public hearing notice in accordance with the procedures and requirements set forth in Chapter 17.02, Article I. No such approval shall be given if the structure or building to be relocated is found by the Building Official to be dilapidated, decayed, pest-infested, or in such a state of disrepair as to be unsanitary or otherwise unfit for human habitation, occupancy, or use, or if, by reason of its external appearance or design, the Planning Commission determines that it would not be compatible with the residential or commercial character of the neighborhood or area in which it is proposed to be located.
(Prior code § 27-22.20; Ord. 21-1722 § 2)
§ 17.04.080 Marijuana prohibitions and regulations.
A. "Cannabis" "Commercial marijuana activity" "Delivery" "Marijuana" "MAUCRSA" "Marijuana product" "Person"
Definitions. The following words, phrases and terms are hereby defined for the purpose of this Section 17.04.080.
means the same as marijuana. See Marijuana.
means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of marijuana businesses.
shall mean the commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Marijuana" includes "medical marijuana" that is used for medical purposes under the Compassionate Use Act of 1996 including the provisions of SB 420 enacted in 2003 (Health and Safety Code Sections 11362.7 to 11362.83), non-medical marijuana, or marijuana used for any other purpose. For the purpose of this section, "marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination nor does it mean "industrial hemp" as defined by California Health and Safety Code Section 11018.5.
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.
means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
means any individual, firm, partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
B.
Commercial marijuana activity of any type or nature (both medical and non-medical), whether or not for profit, is expressly prohibited in all zones in the City. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity anywhere within the City. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. The City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time. The City shall also not issue any local license to a non-profit entity pursuant to California Business and Professions Code Section 26070.5.
C.
To the extent that it is not already prohibited by subsection B, outdoor cultivation of marijuana for commercial or non-commercial purposes is expressly prohibited in all zones in the City, including on private residences. To the extent not already prohibited by subsection B, indoor cultivation of marijuana for commercial and non-commercial purposes is prohibited, except for the cultivation of six plants in compliance with Health and Safety Code Sections 11362.1 and 11362.2
D.
To the extent not already prohibited by subsection B above, all deliveries of marijuana or marijuana products, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting marijuana through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.
E.
This section shall not prohibit any commercial marijuana activity that the City is required by State law to permit within its jurisdiction pursuant to MAUCRSA.
F.
Notwithstanding subsections B through D, nothing in this section shall prohibit a person 21 years of age or older from engaging in activities authorized by California Health and Safety Code Section 11362.1.
G.
In addition to any other enforcement permitted by Chapter 1.16 of the Norwalk Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.16 of the Norwalk Municipal Code, no provision of Section 17.04.080 authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by California Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.16 of the Norwalk Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(Ord. 08-1610 § 8; Ord. 16-1674 § 4; Ord. 17-1694 § 4; Ord. 21-1722 § 2)
§ 17.04.090 Helistops and heliports.
A.
For the purposes of this title, a "helistop" is defined as an area or place used for the landing and takeoff of helicopters, or airborne vehicles of the same class, together with appropriate facilities for the temporary sheltering of passengers or freight and for other facilities necessary for the serving of customers, but not including the use of such area or place for the storage, fueling or maintenance of such vehicles. For the purposes of this title, a "heliport" is defined to include all the uses of a helistop, and also to include the use of such area or place for storage, fueling and maintenance of such vehicles, together with suitable buildings and structures therefor.
B.
Heliports and helistops are permitted in any commercial or manufacturing zone, subject to the issuance, existence and validity of a conditional use permit as provided for in Chapter 17.07, Article II and full compliance with each and every condition thereof. Such conditional use permit may be issued only if the applicant has submitted a site plan showing the location of landing areas and other pertinent data, and the following findings have been made:
1.
That the helistop or heliport is an appropriate use of the land and will not unduly interfere with surrounding land uses;
2.
That due consideration has been given to the selection of a site situated near or adjacent to parks or other open areas;
3.
That the establishment of such use at the particular site is consistent with the purposes and intents of this title and of the particular zone;
4.
That the use as proposed complies with all applicable Federal, State and local laws and regulations;
5.
That the Federal Aviation Administration has been apprised by the City of the proposed use and has not objected to the proposed use on grounds of safety or interference with airports in the area.
C.
In approving any conditional use permit, there shall be attached such conditions thereto as are deemed necessary or desirable to minimize adverse effects on the character of the surrounding area.
(Prior code § 27-22.13; Ord. 21-1722 § 2)
§ 17.04.091 Vehicle repair (minor).
Vehicle repair (minor), as defined in Section 17.01.060, is a permitted use in certain zones as specified in Section 17.04.010 and subject to the following requirements:
A.
Transitional protective yard, including a five-foot setback buffer, six-foot-high view-obscuring fence/wall, and eight trees for every 100 linear feet, must be established along all property lines abutting a residential use.
B.
Screened outdoor overnight storage of vehicles may be permitted with an approved site plan. Operable vehicles may be parked on site during business hours.
C.
There shall be no dismantling of vehicles for salvage.
D.
The storage of impounded vehicles is not permitted.
E.
No outside speaker system is permitted.
F.
Service doors shall be closed except for entry and exit of automobiles.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.092 Vehicle repair (major).
Vehicle repair (major), as defined in Section 17.01.060, is permitted and conditionally permitted within certain zones as specified in Section 17.04.010 and subject to the following requirements:
A.
Transitional protective yard, including a five-foot setback buffer, six-foot-high view-obscuring fence/wall, and eight trees for every 100 linear feet, must be established along all property lines abutting a residential use.
B.
Screened outdoor overnight storage of vehicles may be permitted with an approved site plan. Operable vehicles may be parked on-site during business hours.
C.
There shall be no dismantling of vehicles for salvage.
D.
The storage of impounded vehicles is not permitted.
E.
No outside speaker system is permitted.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.095 Payday loan establishments.
A.
Purpose. The specific purpose of this section is to establish regulations for payday loan establishments.
B.
Definitions. For the purpose of this section, "payday loan establishment" shall be defined as indicated in Section 17.01.060, Definitions, of this title.
C.
Operational Requirements. Payday loan establishments shall comply with the following requirements:
1.
Location. Payday loan establishments are permitted in the C-1, C-3, and M-1 zones, except on properties within the PF overlay zone.
2.
Maximum Number. There shall be no more than eight payday loan establishments located within the City of Norwalk. No additional payday loan establishment shall be established if the existing number of payday loan establishments meet or exceed the maximum permitted.
3.
Spacing. Payday loan establishments shall be located no less than one-quarter mile or 1,320 feet from the nearest payday loan establishment within the City of Norwalk, as measured from one property line to another.
D.
Any payday loan establishment lawfully existing prior to the effective date of the ordinance codified in this section and which is licensed by the City of Norwalk, shall be allowed to remain on the same property or, if located within a shopping center development, shall be allowed to move to a different location, as long as the location is within the same shopping center development, and shall not be subject to the provisions of this section. However, if the payday loan establishment closes for a period of 30 days or more, that establishment shall be subject to the provisions of this section and may not be reestablished unless it fully complies with all provisions of subsection C of this section.
E.
An inventory of existing payday advance businesses shall be conducted by City staff upon the effective date of the ordinance codified in this section and filed with the Community Development Department. After the inventory is completed, only those businesses listed in the inventory are determined to be payday loan establishments lawfully existing as set forth in subsection D of this section.
(Ord. 10-1626 § 2; Ord. 21-1722 § 2)
§ 17.04.100 Sexually oriented businesses.
A.
Short Title. This section shall be known and maybe cited as the "Sexually Oriented Business Ordinance" of the City.
B.
Purpose. The purpose of this section is to eliminate or mitigate the community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by:
C. "Characterized by an emphasis upon" "Director" "Entertainer" "Lingerie modeling studio" "Modeling studio" "Owner" "Peace officer" "Perform at a sexually oriented business" "Permittee" "Person" "Regular and substantial course of conduct and regular and substantial portion of business"1. 2. 3. 4. 5. "Semi-nude" "Sexual encounter center" "Sexually oriented arcade" "Sexually oriented bookstore, sexually oriented novelty store, and sexually oriented video store" "Sexually oriented business" "Sexually oriented cabaret" "Sexually oriented hotel/motel"1. 2. 3. 4. "Sexually oriented material" "Sexually oriented merchandise" "Sexually oriented motion picture theater" "Sexually oriented tanning salon" "Sexually oriented theater" "Specified anatomical areas"1. 2. 3. "Specified sexual activities"1. 2. 3. 4. "Substantially enlarged"
Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
shall mean the dominant or essential theme of the object described by such phrase.
shall mean the Director of the Community Development Department of the City.
shall mean a person who, for any form of consideration, performs at a sexually oriented business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the sexually oriented business.
shall mean an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by persons paying such consideration.
shall mean an establishment which provides, for any form of consideration, seminude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following: (1) schools maintained pursuant to standards set by the State Board of Education; and (2) schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.
shall mean the following: (1) the sole proprietor of asexually oriented business; (2) any general partner of a partnership which owns and operates a sexually oriented business; (3) the owner of a controlling interest in a corporation which owns and operates a sexually oriented business; and (4) the person designated by the officers of a corporation to be the permit holder for a sexually oriented business owned and operated by the corporation.
shall have the meaning set forth in the California Penal Code.
shall mean to engage in or participate in any live performance at a sexually oriented business that either: (1) is characterized by an emphasis upon specified sexual activities; or (2) features any semi-nude person.
shall mean the following: (1) for the purpose of Section 17.02.170, any person who has been issued a sexually oriented business permit; (2) for the purpose of 17.02.160 of this article, any person who has been issued a sexually oriented business entertainer permit; and (3) for the purpose of Sections 17.02.160(H) and (I) and 17.02.170(N)—(V), any person who has been issued a sexually oriented business permit or a sexually oriented business entertainer permit.
shall mean an individual, partnership, copartnership, firm, association, joint stock company, corporation, other legal entity, or combination of the above in whatever form or character.
shall mean that any of the following conditions exist:
At least 20% of the stock-in-trade is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
At least 20% of the total display area is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30 day period.
At least 20% of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
At least 800 square feet of the floor area of the business is devoted to the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include: (1) a hotel, motel or similar establishment offering public accommodations; or (2) an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in sexual therapy.
shall mean an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
shall mean an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either sexually oriented material, sexually oriented merchandise or both.
means an establishment which, for any form of consideration, as a regular and substantial course of conduct performs or operates as any of the following: lingerie modeling studio; modeling studio; sexually oriented cabaret; sexually oriented hotel/hotel; sexually oriented motion picture theater; sexually oriented novelty store; sexually oriented tanning salon; sexually oriented theater; and sexually oriented video store. Sexually oriented business also means any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
shall mean an establishment which serves food or beverages and which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (1) are characterized by specified sexual activities; or (2) feature any seminude person.
shall mean a hotel, motel or similar establishment offering public accommodations for any form of consideration which either:
(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and (b) advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines. pamphlets, leaflets, radio or television,
Rents, leases or lets any single guest room for less than any 10 hour period.
Rents, leases or lets any single guest room more than twice in any 24 hour period;
Allows a tenant or occupant to sub-rent a guest room for a time period less than 10 hours.
shall mean any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation, which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
shall mean sexually oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; sexually oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas; and similar sexually oriented devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. This definition shall not include birth control devices.
shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
shall mean an establishment where either: (1) patrons receive tanning services in groups of two or more; (2) any patron exposes specified anatomical areas; or (3) any employee exposes specified anatomical areas or appears semi-nude.
shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (1) are characterized by specified sexual activities; or (2) feature any semi-nude person.
shall mean the following:
Less than completely and opaquely covered human genitals, pubic region, buttocks, and areola and nipple of the female breast;
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
Any device, costume or covering that simulates any of the body parts included in paragraphs (1) or (2) above.
shall mean the following, whether performed directly or indirectly through clothing or other covering.
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of, or in connection with, any of the activities described in paragraphs (1) through (3) of this definition.
shall mean the increase in floor area occupied by a sexually oriented business by more than 10% of its floor area as it existed at the time a sexually oriented business permit was issued for the business.
(Prior code §§ 27-48.1—27-48.3; Ord. 1469 § 2, 1997; Ord. 06-1569 §§ 2, 3; Ord. 21-1722 § 2)
§ 17.04.105 Drive-through and drive-up establishments.
Drive-through and drive-up establishments are subject to Director approval pursuant to Sections 17.02.203 and 17.04.010 provided that the following conditions are met:
A.
Each drive-through lane shall be a separate lane from the circulation routes and lanes necessary for ingress to, egress from, the property or access to any off-street parking spaces. Each such lane shall be striped, marked, or otherwise distinctively delineated.
B.
No drive-through or drive-up lane shall be located in any required setback area.
C.
Aisle width: drive-through aisles shall have minimum width of 11 feet on straight sections and 12 feet on curved sections.
D.
Aisle setback: drive-through aisles shall be set back a minimum of 15 feet from all street property lines and shall be screened by landscape berms, low garden walls, or a combination thereof.
E.
Landscape buffer: There shall be a minimum 10 foot wide landscaped buffer between drive-through aisles and any abutting residentially zoned property.
F.
Location of lane entrance: The beginning point of a drive-through lane shall be located no closer than 25 feet from the right-of-way line of any adjacent public street providing direct access to the lane.
G.
Location of lane exit: no drive-through aisle shall exit directly onto a public street or alley.
H.
Design: drive-through facilities within an integrated shopping center shall be consistent with the center in terms of architectural design and detailing, roof material, exterior finish materials, and color.
I.
Noise: Drive-through facilities that rely upon use of speaker/microphone stations for the placing and/or receiving of customer orders, shall locate the station a minimum of 25 feet from any residentially zone property. In no case, however, shall noise emanating from a speaker/microphone station be audible beyond the property line nor exceed the limitations set forth in Title 9, Chapter 9.04, Article III. Noise.
J.
Length of queuing lane: drive-through facilities shall provide a queuing lane according to the following table:
Use | Required Stacking Space per Service Lane |
|---|---|
Banks | 5 |
Coffee Facilities | |
Before order board | 4 |
Between order board and pick-up window | 4 |
Drug Stores; Pharmacy; Photo Services; Dry Cleaning | 4 |
Fast-Food Restaurants | |
Before order board | 4 |
Between order board and pick-up window | 4 |
Car Washes (Self-Service, Coin-Operated) a | |
Entry | 2 |
Exit | 1 |
Car Washes (Full-Service) | |
Entry | 6 |
Exit | 2 |
Notes: Wash stalls shall not count as stacking space. |
K.
Screen wall: Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent residences, businesses, public rights-of-way, and parking lots.
L.
Walkways: Pedestrian walkways should not intersect the drive-through access aisles. If they do intersect drive-through access aisles, they shall be clearly visible and enhanced with special paving or markings.
M.
Minimum requirements may be reduced by the Director of Community Development, or designee, for existing drive-through and drive-up facilities where it can be demonstrated the proposed modifications would result in an improved design that more closely complies with the requirements specified herein.
N.
Minimum requirements for new facilities may be reduced subject to Precise Development Plan approval when the Planning Commission can make a finding that adequate parking, circulation, access, and drive-through queuing are provided for customers, clients, visitors, and employees. To obtain a reduction of the minimum requirements contained in this section, the project applicant shall prepare and submit to the City, a site analysis addressing the following:
1.
Adequacy of the streets that serve the subject site;
2.
The placement, design, and adequacy of the vehicle queuing aisle;
3.
The on-site circulation, parking lot design, and pedestrian/bicycle safety; and
4.
Additional information as requested by the Director of Community Development and the Director of Public Services. The analysis shall identify potential adverse impacts and include measures for mitigating such impacts.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.110 Recycling facilities.
A.
Purpose. The purpose of this section is to establish a special use classification for the operation of mobile recycling facilities and reverse vending machines which accept empty beverage containers for recycling purposes, to establish a set of regulations to control the time, place and manner of operation of such centers and to prevent detrimental impact on surrounding uses.
B.
Definitions. For the purpose of this section the following words and phrases shall be defined as indicated in Section 17.01.060, Definitions, of this title:
Convenience zone |
Mobile recycling facility |
Reverse vending machine. |
C.
Conditional Use Permit. Mobile recycling units and reverse vending machines, are permitted in the C-1, C-3, C-M, M-l and M-2 zones, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 of this title and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:
1.
That the proposed use is a mobile recycling facility or a reverse vending machine, as defined in Section 17.01.060 of this title;
2.
That the proposed use is being established within a convenience zone as such term is defined in Section 17.01.060 of this title;
3.
That the proposed use has been certified, or has applied to be certified, by the California Department of Conservation (or such other State agency designated to conduct such recycling programs);
4.
That written approval has been obtained from the property owner where such use is to be established, authorizing same;
5.
That the establishment of the proposed use is consistent with the purpose and intent of this title and of the particular zone;
6.
That the proposed use is compatible with surrounding uses;
7.
That the proposed use does not have a detrimental effect on public health, safety or general welfare;
8.
That the proposed use complies with all applicable State and local laws, and that all necessary building, plumbing and electrical permits have been obtained;
9.
That the recycling facilities are accessory uses.
D.
In approving any conditional use permit there shall be attached such conditions thereto as are deemed necessary or desirable to insure compatibility, with, and minimize diverse effects upon, surrounding areas. In imposing such conditions, the Planning Commission shall consider the following:
1.
That the proposed use is not located within a required setback, does not interfere with vehicle or pedestrian circulation, does not materially affect existing required off street parking or loading facilities, or otherwise have a detrimental impact on the operation of the site's principal use;
2.
That proper procedures are implemented to insure that the proposed mobile recycling unit or reverse vending machine presents a clean and aesthetically pleasing appearance, will not create maintenance problems, or become a public or private nuisance. In evaluating such procedures consideration may be given to restrictions on size, proper illumination, installation of landscaping and the provision of trash bins;
3.
That no signs shall be placed or used on the recycling center or surrounding area without prior approval of the Planning Commission;
4.
That the hours of operation for the proposed use shall be determined by the Planning Commission in conformance with all State and local laws, but, in the case of mobile recycling facilities such hours of operation may not exceed eight hours per day (at any one permitted location).
(Prior code § 27-22.17; Ord. 21-1722 § 2)
§ 17.04.115 Service stations.
Service stations offering retail gasoline sales and general repairs are subject to the issuance, existence and validity of a conditional use permit pursuant to Sections 17.02.210 and 17.04.010 and are limited to and by the following:
A.
Normal service station sales and service, including minor repairs and the installation of accessories, where such operations may normally be completed within one hour;
B.
Lubrication, general repair and maintenance, and auto washing by hand, provided that such operations are conducted within a building enclosed on at least three sides and in such a manner as not to produce an objectionable odor, undue amount of noise, or unsightly appearance, and so as not to constitute a nuisance to adjacent residential or commercial uses;
C.
Trailer rental, provided that trailers: (1) are stored at least 20 feet from any street line, (2) are stored at least 20 feet from any property line unless separated from the adjoining property by a six-foot masonry wall, (3) are stored in a location not required for off street automobile parking, (4) do not exceed a total of 10 rental trailers, and (5) are limited to units which do not exceed four feet by 12 feet in body size;
D.
Body and fender work and automobile painting are not permitted;
E.
Repair of trucks is limited to trucks one and one-half tons or less in size; and
F.
A service station abutting property zoned for residential uses shall be separated by a concrete block wall eight feet in height, excepting that the wall shall be 42 inches in height for a distance equal to the required front yard setback in the residential zone.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.120 Billiard parlors.
A.
Purpose and Intent. The City Council finds and determines that billiard parlors and game arcade establishments present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, crime, interference with children on their way to school, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of such establishments.
This section is intended and designed to deal with and ameliorate these effects by restricting the location of such uses in proximity to facilities primarily devoted to use by children and families and the general public, and through the imposition of reasonable conditions on a case by case basis.
B.
Conditional Use Permit Required. On and after the effective date of the ordinance codified in this section billiard parlors or game arcades shall not be established without first obtaining a conditional use permit from the City of Norwalk. Further, no existing site which substantially changes its mode or character of operation (defined in subsection F of this section) shall continue to operate without first obtaining a conditional use permit in accordance with the procedures in Section 17.02.210 of this title and the requirements of this section. Following a public hearing on the conditional use permit application, the Planning Commission shall record their decision in writing and shall recite therein the findings of fact, based on substantial evidence in view of the whole record, upon which their decision is based. A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.
C.
Conditional Use Permit—Findings. In making any of the findings required pursuant to this section, the Planning Commission, or the City Council on appeal: (1) shall consider whether the proposed use will adversely affect the welfare of area residents in the area of such establishments; (2) shall also consider whether the proposed use will detrimentally affect nearby residentially zoned communities in the area after giving consideration to the distance of the proposed use from the following:
1.
Residential buildings;
2.
Churches, schools, hospitals, public playgrounds and other similar uses.
In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and concise evidence, that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities. |
D. "Billiard parlor"
Definitions.
means any place open to the general public where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, whether any compensation or reward is charged for the use of such table or not.
E.
Performance Standards for Billiard Parlors. The following performance standards shall be met by billiard parlor establishments except where a billiard parlor use is determined by the Planning Commission to be accessory (as defined Section 17.01.060) to a primary use other than a game arcade. For billiard parlors as accessory uses, only subsections (E)(4)(a)(c) and (f) of this section shall apply.
1.
Distance Requirements. Billiard parlor establishments shall not be permitted within 300 feet from residential uses, schools (public or private), churches or other place of worship, alcoholic beverage sales establishments (off-sale or on-sale), existing billiard parlor establishments, public parks, playgrounds and other similar public uses as determined by the Planning Commission. This distance shall be measured as the straight line distance between the exterior building wall where billiard parlors or game arcades are proposed and the property line of adjacent uses. A lesser distance may be approved by the Planning Commission if adequate buffers are provided between the establishment and adjacent uses.
2.
Hours of Operation. Billiard parlor establishment shall be closed between the hours of 2:00 a.m. and 6:00 a.m.
3.
Minors. Persons under the age of 18 years shall be accompanied by an adult and shall not be allowed to remain or enter the establishment between 10:00 p.m. and 6:00 a.m.
4.
Use Restrictions on Subject Property.
a.
No gambling, live entertainment, or dancing shall be permitted on a permanent or temporary basis on the property. No music or noise generated from within a billiard parlor and discernable from outside the establishment shall be permitted.
b.
No alcoholic beverage shall be sold or consumed on the subject property.
c.
The billiard parlor use shall be conducted entirely within a building.
5.
Design Requirements.
a.
The interior of billiard parlors shall be free and clear of any visual obstruction so that all areas except restrooms are clearly visible from the entrance. Visibility of the interior shall also be provided from outside of the establishments if the establishment is located on the ground floor.
b.
Close circuit video cameras shall be installed and be in working condition during the hours of operation for billiard parlor establishments.
c.
All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Community Development Department before any business may be conducted.
d.
A minimum of one toilet and lavatory facility for men and one toilet and lavatory facility for women available to both employees and patrons shall be provided.
e.
All entrances and exits for billiard parlor establishments shall be clearly revealed and designated and shall remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.
f.
Other conditions pertaining to both the construction of the facility and its maintenance may be imposed so as to minimize the effect of noise, congregation, parking and other factors generated by the use that are detrimental to the public health, safety and welfare.
6.
Management and Maintenance. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least two such persons 21 years or older or security personnel as required by subsection (E)(7) of this section shall be present on the premises at all times. They shall be approved by the City of Norwalk after a complete background investigation by the Los Angeles County Sheriffs Department. Name, current home address, phone number and recent picture I.D. of all employees must be filed with the Office of Public Safety.
7.
Security. Security shall be provided by State licensed personnel and approved by the City. The number of security personnel shall be determined by the Planning Commission.
F.
Existing Billiard Parlors.
1.
Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the City of Norwalk for a billiard parlor or game arcade establishment shall obtain a conditional use permit when: (a) the establishment expands its operation by adding pool; and/or (b) there is a substantial change in the mode or character of operation. For purposes of this section, substantial change of mode or character of operation shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 60 days.
2.
Any establishment which becomes lawfully established on or after the effective date of this section and licensed by the City of Norwalk shall obtain a modification of conditional use permit when: (a) the establishment expands its operation; and/or (b) there is a substantial change in the mode or character of operations of the establishment.
3.
Except as provided herein, establishments not conforming to the spatial requirements set forth in subsection (E)(1) of this section shall not be permitted to expand, rebuild or replace a structure or portion of structure when there has been destruction of 50% or more of the particular structure as determined by Chapter 17.01, Article IV of the Norwalk Municipal Code and/or fire inspector. Increase in the number of billiard pool tables shall constitute an expansion of the establishment.
G.
Revocation of Conditional Use Permit. A conditional use permit granted under this section shall be subject to revocation in the manner provided by Section 17.02.210(K) if any of the conditions imposed and accepted are not complied with within the time frame established.
(Prior code § 27-22.18; Ord. 21-1722 § 2)
§ 17.04.125 Logistics facility.
Logistics facilities, as defined in Section 17.01.060, are subject to the issuance, existence and validity of a conditional use permit pursuant to Sections 17.02.210 and 17.04.010 and providing that the following minimum conditions and standards, in addition to any others deemed necessary and appropriate to insure compatibility with existing or future permitted uses in the vicinity, are met:
A.
All parking and maneuvering areas shall be fully paved and improved;
B.
A minimum eight-foot-high masonry wall shall be provided to separate the use from adjacent residentially and commercially zoned properties;
C.
The property has frontage on a designated truck route and/or major highway;
D.
Visual and sound buffers shall be employed along public rights-of-way and for adjacent residential and commercial property; and
E.
Outside work activity and storage shall be subject to limitations prescribed in this chapter except that all such activity shall be restricted solely to within an approved building if the subject property is within 300 feet of any residentially or commercially zoned or used property.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.130 Game arcades.
A.
Purpose and Intent. The City Council finds and determines that game arcade establishments present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, crime, interference with children on their way to school, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of such establishments.
This section is intended and designed to deal with and ameliorate these effects by restricting the location of such uses in proximity to facilities primarily devoted to use by children and families and the general public, and through the imposition of reasonable conditions on a case by case basis.
B.
Conditional Use Permit Required. On and after the effective date of the ordinance codified in this section game arcades shall not be established without first obtaining a conditional use permit from the City of Norwalk. Further, no existing site which substantially changes its mode or character of operation (defined in subsection F of this section) shall continue to operate without first obtaining a conditional use permit in accordance with the procedures in Section 17.02.210 of this title and the requirements of this section. Following a public hearing on the conditional use permit application, the Planning Commission shall record their decision in writing and shall recite therein the findings of fact, based on substantial evidence in view of the whole record, upon which their decision is based. A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized City official upon request.
C.
Conditional Use Permit—Findings. In making any of the findings required pursuant to this section, the Planning Commission, or the City Council on appeal: (1) shall consider whether the proposed use will adversely affect the welfare of area residents in the area of such establishments; (2) shall also consider whether the proposed use will detrimentally affect nearby residentially zoned communities in the area after giving consideration to the distance of the proposed use from the following:
1.
Residential buildings;
2.
Churches, schools, hospitals, public playgrounds and other similar uses.
In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and concise evidence, that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities. |
D. "Coin-operated amusement device" "Game arcade"
Definitions.
means any amusement machine or device which is operated or put into operation in whole or in part by the insertion of a coin, token or similar object. This definition does not include coin operated weighing machines, stamp vending machines, photograph, video, music or motion picture machine or similar device, or any coin operated vending or other machine vending personal property, food or drink, or performing cleaning, repair or other service.
means any place or premises on which are maintained five or more coin-operated amusement devices.
E.
Performance Standards for Game Arcades. The following performance standards shall be met by game arcade establishments except where game arcade use is determined by the Planning Commission to be accessory (as defined in Section 17.01.060) to a primary use other than a billiard parlor. For game arcade as accessory use, only subsections (E)(4)(a), (c) and (5)(e) of this section shall apply.
1.
Distance Requirements. Game arcade establishments shall not be permitted within 300 feet from residential uses, schools (public or private), churches or other place of worship, alcoholic beverage sales establishments (off-sale or on-sale), game arcade establishments, public parks, playgrounds and other similar public uses as determined by the Planning Commission. This distance shall be measured as the straight line distance between the exterior building wall where billiard parlors or game arcades are proposed and the property line of adjacent uses. A lesser distance may be approved by the Planning Commission if adequate buffers are provided between the establishment and adjacent uses.
2.
Hours of Operation. Game arcade establishments shall be closed between the hours of 12:00 a.m. (midnight) and 6:00 a.m.
3.
Minors. No person under the age of 18 years shall be allowed to remain or enter the establishment during school hours and between 10:00 p.m. and 6:00 a.m.
4.
Use Restrictions or Subject Property.
a.
No gambling, live entertainment, or dancing shall be permitted on a permanent or temporary basis on the property. No music or noise generated from within a game arcade and discernable from outside the establishment shall be permitted.
b.
Restrictions on alcoholic beverage sales and consumption on the subject property shall be imposed when necessary as determined by the Planning Commission.
c.
The game arcade use shall be conducted entirely within a building.
5.
Design Requirements:
a.
Adequate interior visibility shall be provided for game arcade establishments, as determined by the Planning Commission.
b.
All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Community Development Department before any business may be conducted.
c.
A minimum of one toilet and lavatory facility for men and one toilet and lavatory facility for women available to both employees and patrons shall be provided.
d.
All entrances and exits for game arcade establishments shall be clearly revealed and designated and shall remain unlocked for unrestricted ingress and egress while guests, patrons or invitees are in the establishment.
e.
Other conditions pertaining to both the construction of the facility and its maintenance may be imposed so as to minimize the effect of noise, congregation, parking and other factors generated by the use that are detrimental to the public health, safety and welfare.
6.
Management and Maintenance. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises at all times.
F.
Existing Game Arcades.
1.
Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the City of Norwalk for a billiard parlor or game arcade establishment shall obtain a conditional use permit when: (a) the establishment expands its operation by adding pool tables or game machines; and/or (b) there is a substantial change in the mode or character of operation. For purposes of this section, substantial change of mode or character of operation shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 60 days.
2.
Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this section and licensed by the City of Norwalk shall obtain a modification of conditional use permit when: (a) the establishment expands its operation; and/or (b) there is a substantial change in the mode or character of operations of the establishment.
3.
Except as provided herein, establishments not conforming to the spatial requirements set forth in subsection (E)(1) of this section shall not be permitted to expand, rebuild or replace a structure or portion of structure when there has been destruction of 50% or more of the particular structure as determined by Chapter 17.01, Article IV of the Norwalk Municipal Code and/or Fire Inspector. Increase in the number of game arcade machines shall constitute an expansion of the establishment.
G.
Revocation of Conditional Use Permit. A conditional use permit granted under this section shall be subject to revocation in the manner provided by Section 17.02.210(K) if any of the conditions imposed and accepted are not complied with within the time frame established.
(Prior code § 27-22.18; Ord. 21-1722 § 2)
§ 17.04.135 Self-service storage.
Self-service storage facilities, as defined in Section 17.01.060, are subject to the issuance, existence and validity of a conditional use permit pursuant to Sections 17.02.210 and 17.04.010 and provided that the following minimum conditions and standards, in addition to any others deemed necessary and appropriate to insure compatibility with existing or future permitted uses in the vicinity, are met:
A.
A minimum of one off-street parking space for each 50 storage units (open and closed) shall be provided, although the Planning Commission may require a greater number of spaces to be provided;
B.
The minimum lot size shall be one acre, and provision shall be made for adequate screening and landscaped setbacks;
C.
One-way aisles shall be a minimum of 20 feet in width and two-way aisles shall be a minimum of 30 feet in width;
D.
Building coverage shall not exceed 50% of the total area, and
E.
No business use, either commercial or industrial, shall be allowed to be established on the same premises, other than the business of renting storage spaces.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.140 Alcoholic beverage establishments.
A.
Purpose and Intent. The City Council finds and determines that establishments engaged in the sale of alcoholic beverages present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems connected primarily with the operation of establishments engaged in the sale of alcoholic beverages for consumption on or off the premises.
This section is intended and designed to deal with and ameliorate these problems and conditions by restricting the location of such uses in proximity to facilities primarily devoted to use by children and families and the general public, and through the impositions of conditions on a case by case basis, thereby limiting the number of such uses in the City and preventing undesirable community impact of such uses by the imposition of reasonable conditions upon the operation of all such uses both existing and in the future.
B.
Conditional Use Permit Required. On and after the effective date of the ordinance codified in this section no place wherein alcoholic beverages are sold, served, or given away for on-site or off-site consumption, with the exception of on-sale alcohol sales within a bona fide restaurant in accordance with the provisions of Section 17.02.203 and requirements and standards under Section 17.04.140.G, shall be established without first obtaining a conditional use permit from the City of Norwalk. "Alcoholic beverages" are defined as beer, wine, liquor or distilled spirits. Further, no existing site which substantially changes its mode or character of operation shall continue to operate without first obtaining a conditional use permit in accordance with the procedures in Section 17.02.210 of this title and the requirements of this section. Following a public hearing on the conditional use permit application, at which all parties may present testimony, the Planning Commission shall record their decision in writing by resolution and shall recite therein the findings of fact, based on substantial evidence in view of the whole record, upon which their decision is based.
A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.
C.
Conditional Use Permit—Findings. In making any of the findings required pursuant to this section, the Planning Commission, or the City Council on appeal: (1) shall consider whether the proposed use will adversely affect the welfare of area residents in the area of establishments dispensing, for sale or other considerations, alcoholic beverages, including beer and wine; (2) shall also consider whether the proposed use will detrimentally affect nearby residentially zoned communities in the area, after giving consideration to the distance of the proposed use from the following:
1.
Residential buildings;
2.
Churches, schools, hospitals, public playgrounds and other similar uses.
In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and concise evidence, that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities. |
D.
On-Sale Alcoholic Beverage Establishments Defined. "On-sale alcoholic beverage establishment" means any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises, including, but not limited to, any facility which has obtained an alcoholic beverage control license type 40 (on-sale beer eating place), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine), type 47 (on-sale general restaurant), type 48 (on-sale general bar), type 51 (club), type 52 (veteran club) and type 63 (beer and wine hospital). Typical on-sales uses include, but are not limited to, the following establishments: beer bars, bona fide restaurants, subject to the provisions set forth in Section 17.04.140.G, ballrooms, dance bars, piano bars, billiard and/or game parlors, night clubs, or other private clubs, and veterans clubs.
E.
Requirements for On-Sale Alcoholic Beverage Establishments, Other Than Bona Fide Restaurants. In addition to the findings required by Section 17.02.210, the Planning Commission or the City Council on appeal may approve and/or modify a conditional use permit application for on-sale alcoholic beverage establishments only after mailing all of the following findings of fact in a positive manner:
1.
That no on-sale alcoholic beverage establishments shall be maintained within 500 feet from any school or park. Fraternal organizations and bona fide restaurants are exempt from this provision. All distances shall be measured between the nearest entrances used by patrons of such establishments along the shortest route intended and available for public passage to the nearest property line of any of the above referenced consideration points.
2.
That a masonry wall of six feet in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes or any of the above referenced consideration points.
3.
That the noise levels generated by the operation of such establishment shall not exceed 45 dBA on adjoining properties zone or used for residential purposes.
4.
That exterior lighting of the parking area shall be kept at an intensity of between one and two foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial area. Light sources shall be screened.
5.
That the sale of alcoholic beverages for consumption off the premises shall be prohibited.
6.
That special security measures such as security guards and burglar alarm systems may be required.
7.
That a landscape and irrigation plan shall be submitted to the Planning Division for review and approval. The plan shall indicate the size, spacing, location, number and type of all plant material to be installed and shall depict a permanent automatic irrigation system with a separate electrical meter. The landscape plan shall also indicate patios and walls, fences, hedges or other means of separating private open areas.
8.
That parking shall be provided in conformance with the off-street parking standards set forth in Chapter 17.03, Article II of the Norwalk Municipal Code.
9.
That no signs shall be installed on the site until a sign permit has been approved by the Planning and Building Divisions in conformance with the sign provisions set forth in Chapter 17.03, Article III of the Norwalk Municipal Code.
10.
That the operator of the use shall provide night lighting and other security measures as deemed necessary by Public Safety and Community Development.
11.
That the operator shall maintain the lot free and clear of trash and debris, and graffiti at all times.
12.
That the operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods.
13.
That the use shall not be in a reporting district with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by the Department of Alcohol Beverage Control (ABC), nor with a high crime rate as reported by the Norwalk Sheriff Department, unless the Planning Commission can make one or more of the following findings:
a.
The proposed use will result in a net employment gain in the City (especially of local residents);
b.
The proposed use will result in a substantial increase in business taxes;
c.
The proposed establishment is a unique business addition to the City;
d.
The proposed use will contribute to the long-term economic development goals of the City;
e.
The aesthetic character and ambiance of the proposed use will result in an overall positive upgrade in the area and City; or
f.
The viability of the business to operate profitably without alcohol sales is low.
The Planning Commission, and on appeal the City Council, shall have the right to impose additional conditions as it deems necessary for the protection of the public health, safety and welfare. |
F.
Bona Fide Restaurant Defined. "Bona fide restaurant" means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has:
1.
A suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals;
2.
A primary use of sit down service to patrons;
3.
Adequate seating arrangements for sit down patrons provided on the premises;
4.
Take-out service that is only incidental to the primary sit down use;
5.
Alcoholic beverages all sold or dispensed for consumption on the premises only and only when served at tables or sit-down counters by employees of the restaurant; and
6.
A bona fide restaurant does not include any billiard or pool hall, bowling alley or adult entertainment business as defined in the Norwalk Municipal Code.
G.
On-Sale Requirements and Standards for Bona Fide Restaurants. The Director may administratively approve the on-sale of alcoholic beverages for bona fide restaurants subject to the requirements contained in this section and may impose such other conditions as deemed necessary, to ensure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community. The Director may at his or her discretion refer any request to the Planning Commission for review and determination.
1.
Development Standards and Operations.
a.
Alcohol must be served at tables or sit-down counters by employees of the restaurant.
b.
The sale of beer and wine for consumption off the premises is prohibited.
c.
Gross monthly sales of alcohol shall not exceed gross monthly sales of food and other nonalcohol items within the same period. The licensee shall at all times maintain records, which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said reports shall be kept no less frequently than on a quarterly basis and shall be made available to the City on demand.
d.
Entertainment in conjunction with the restaurant is limited to indoor ambient music to compliment the dining experience, and shall be limited to background music at a low volume that is not audible outside of the building. The establishment shall remain in compliance with Title 9, Chapter 9.04, Article III. Noise.
e.
No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee/petitioner provide or permit, or make available either gratuitous or for compensation, male or female persons who act as escorts, companions, or guests of and for the customers.
f.
Licensee/petitioner shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks.
g.
The premises shall be maintained as a restaurant and shall provide a menu containing an assortment of food as offered in such restaurants.
h.
During normal meal hours, the business shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public.
i.
Any graffiti painted or marked upon the premises shall be removed or painted over to match the color of the surface to which it is applied within 48 hours of the discovery thereof.
j.
Applicant will cooperate with the prosecution of offenders who engage in unlawful activity on site.
k.
The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one such person shall be present on the premises at all times. No person under the age of 18 shall sell or serve alcoholic beverages.
2.
Security.
a.
Security lighting shall be provided on all sides of the exterior of the building and within the parking lot to fully illuminate all areas. All inoperable lighting shall be repaired/replaced within 24 hours to ensure adequate lighting is in place at all times. A lighting plan shall be submitted for review and approval by the Public Safety and Community Development Departments.
b.
The business operator shall participate in the Department of Public Safety's Business Watch program and anti-trespassing/enforcement program (S.H.A.P.E.), which includes signing of the Department SHAPE contract and Sheriff Letter of Agency, along with posting signage in the parking lot for "No Trespassing," and signage on the business front window/entrance area for "No Panhandling." Participation in the programs must be initiated within 30 days of obtaining Director approval.
c.
A surveillance camera system is to be maintained operational at all times, including during non-business hours. The system features and functions shall be accessible by business management staff at all times during normal business hours.
d.
A unique user ID and password shall be created and provided for the Public Safety Department to access the system at any time during an emergency or crime in progress. Business shall contact the Public Safety Department to provide this information within 30 days of the business starting operation.
e.
Business shall make all video stored on the digital video recording system available to the Public Safety Department and Norwalk Sheriff's Station at any time. The Public Safety and/or Sheriff's Station may request copies of recorded videos. Business must provide the requested video recording within 24 hours of the Public Safety/Sheriff request.
f.
Cameras shall be placed to provide visual coverage of all entrances/exits, cash registers, safes, office/storage area, and adjacent parking areas. A security camera plan shall be submitted for review and approval by the Public Safety Department, Community Development Department, and the Norwalk Sheriff's Station.
3.
Monitoring.
a.
The restaurant shall be responsible for maintaining the premises and adjoining rights-of-way free of debris and litter.
b.
The restaurant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under its control to prevent behavior that adversely affects or detracts from the quality of life for adjoining residents, property owners, and businesses.
c.
All trash and recycling bins under control of the restaurant shall be kept closed and locked at all times when they are not in use, and shall be maintained such that they do not overflow.
d.
Loitering is prohibited on all areas under the control of the restaurant. A "No Loitering or Public Drinking" sign that is a minimum of four by six inches shall be posted outside next to every exit.
e.
A minimum of one on-duty manager with authority over the activities within the restaurant shall be on the premises at all times that the restaurant is open for business. The on-duty manager's responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the Department of Alcoholic Beverage Control (ABC). The restaurant shall be responsible for discouraging illegal and criminal activity on the subject premises and any exterior area under its control.
f.
All employees involved with the sale of alcohol, are to complete a Responsible Beverage Server (RBS) training course approved by the California Department of Alcohol Beverage Control and City of Norwalk, Department of Public Safety within six months of Director Approval or an employee's start date, whichever occurs later. Visit ABC website to find an RBS course provider.
g.
Business manager and employees involved with the sale of alcohol, must attend the ABC Licensee Education on Alcohol and Drugs (LEAD) Program which is a free prevention and education program for retail licensees, and their employees. Program must be completed within six months of Director Approval or an employee's start date, whichever occurs later. The curriculum is designed for licensees, managers and employees. Program length is four hours. Contact the Public Safety Department for information on the class schedule.
h.
An electronic age verification device shall be retained on the premises available for use during operational hours. This device shall be maintained in operational condition and all employees shall be instructed in its use.
4.
Administration.
a.
The owner or the operator of the bona fide restaurant shall request Director approval as prescribed in Section 17.02.203.
b.
The applicant shall pay the fees required for Director Approval, as prescribed by a fee resolution adopted by the City Council.
c.
The City shall have the authority to conduct inspections to verify compliance with any and all of the requirements pursuant to subsection G of this section.
d.
Prior to the issuance of a Director Approval, the owner and operator shall execute and record a covenant and agreement satisfactory to the Director, acknowledging that the owner and operator shall agree to comply with each of the provisions set forth in Section. A certified copy bearing the Recorder's number and date shall be provided to the Community Development Department, Planning Division. The agreement shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the requirements attached must be submitted to the Community Development Department, Planning Division for review and approval before being recorded.
H.
Off-Sale Alcoholic Beverage Establishments Defined. An "off-sale alcoholic beverage establishment" means any establishment which has obtained a type 20 (off-sale beer and wine) or a type 21 (off-sale general), selling alcoholic beverages in an unopened container for consumption off the premises. Typical off-sale uses include, but are not limited to, the following establishments: food markets, supermarkets, drugstores, liquor stores and convenience markets.
I.
Requirements for Off-Sale Alcoholic Beverage Establishments. In addition to the findings required by Chapter 17.36, the Planning Commission or the City Council on appeal may approve and/or modify a conditional use permit application for off-sale alcoholic beverage establishments only after mailing all of the following findings of fact in a positive manner.
1.
That off-sale alcoholic beverage establishments shall not sell or store motor fuels on the same premises as alcoholic beverages, except upon condition of the following:
a.
No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1989.
b.
No advertisements of alcoholic beverages shall be displayed at motor fuel islands.
c.
No sale of alcoholic beverages shall be made from a drive-up window.
d.
No display or sale of beer or wine shall be made from an ice tub.
e.
No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
In addition to the conditions enumerated above, additional conditions may be imposed. |
2.
That no off-sale alcoholic beverage establishment, except stores of more than 20,000 square feet of floor area, and also providing fresh fruit, vegetables and meat in addition to canned goods, shall be located within 500 feet of a school or park. The distance of 500 feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points.
3.
That a masonry wall of six feet in height shall be constructed around the parking area of such establishments when the area is adjacent to properties zoned or used for residential purposes, or any of the above referenced consideration points.
4.
That the noise level generated by the operation of such establishments shall not exceed 45 dBA on adjoining property zones or used for residential purposes.
5.
That exterior lighting of the parking area shall be kept at an intensity of between one and two foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be shielded.
6.
That the operation of video, or any other electronic games may be prohibited in conjunction with the sales of alcoholic beverages.
7.
That the sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs both inside and outside the establishment that drinking on the premises is prohibited by law. The premises shall include the establishment of proper and/or, the appurtenant common areas if located in a commercial center.
8.
That special security measures such as security guards and burglar alarm systems may be required.
9.
That exterior public telephones that permit incoming calls may not be located on premises.
10.
That exterior storage of any kind shall be prohibited.
11.
That litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove trash and debris on a daily basis.
12.
That paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.
13.
That upon a showing of good cause, and after notice and an opportunity to be heard, the hours of operation may be restricted.
14.
That a landscape and irrigation plan shall be submitted to the Planning Division for review and approval. The plan shall indicate the size, spacing, location, number and type of all plant material to be installed and shall depict a permanent automatic irrigation system with a separate electrical meter. The landscape plan shall also indicate patios and walls, fences, hedges or other means of separating private open areas.
15.
That parking shall be provided in conformance with the off-street parking standards set forth in Chapter 17.03, Article II of the Norwalk Municipal Code.
16.
That no signs shall be installed on the site until a sign permit has been approved by the Planning and Building Divisions in conformance with the sign provisions set forth in Chapter 17.03, Article III of the Norwalk Municipal Code.
17.
The operator of the use shall provide night lighting and other security measures to the satisfaction of the Norwalk Sheriff's Station.
18.
The operator shall maintain the lot free and clear of trash and debris, and graffiti at all times.
19.
The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods.
20.
The use shall not be in a reporting district with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by ABC, nor with a high crime rate as reported by the Norwalk Sheriff Department, except stores of more than 20,000 square feet floor area, and also providing fresh fruit, vegetables and meat, in addition to canned goods, unless the Planning Commission can make one or more of the following findings:
a.
The proposed use will result in a net employment gain in the City (especially of local residents);
b.
The proposed use will result in a substantial increase in business taxes;
c.
The proposed establishment is a unique business addition to the City;
d.
The proposed use will contribute to the long-term economic development goals of the City;
e.
The aesthetic character and ambiance of the proposed use will result in an overall positive upgrade in the area and City; or
f.
The viability of the business to operate profitably without alcohol sales is low.
The Planning Commission, and the City Council on appeal, shall have the right to impose additional conditions for the protection of the public health, safety and welfare. |
J.
Existing Establishments Selling Alcoholic Beverages (On-Sale and Off-Sale).
1.
Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the State of California for the retail sale of alcoholic beverages for on-site and off-site consumption shall obtain a conditional use permit when: (a) the establishment changes its type of liquor license within a license classification; and/or (b) there is a substantial change in the mode or character of operation. For purposes of this section "substantial change of mode or character of operation" shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 30 days.
2.
Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this section and licensed by the State of California for the retail sale of alcoholic beverages for on-site and off-site consumption, shall obtain a modification of conditional use permit when: (a) the establishment changes its type of liquor license within a license classification; and/or (b) there is a substantial change in the mode or character of operations of the establishment.
3.
Except as provided herein, establishments not conforming to the spatial requirements of referenced consideration points, shall not be permitted to expand, rebuild or replace a structure or portion of structure when there has been destruction of 50% or more of the particular structure as determined by Chapter 17.01, Article IV of the Norwalk Municipal Code and/or fire inspector. Ordinarily repair and maintenance not exceeding 15% of the property's assessed valuation shall not be affected.
K.
Revocation of Conditional Use Permit. A conditional use permit granted under this section shall be subject to revocation in the manner provided by Section 17.02.210.K if any of the conditions imposed and accepted are not complied with within the time frame established.
(Prior code § 27-22.19; Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.145 Automobile wrecking.
Automobile wrecking is subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and the following requirements:
A.
No compacting or shredding of vehicles, parts, or any other item is allowed on the premises.
B.
All work and use of tools on vehicles or parts, including disassembly or repair, shall be conducted within a fully enclosed building, except customers may use non-powered hand tools and devices may be used only to lift or remove vehicles and parts into or from storage locations.
C.
All tires and hazardous waste shall be stored a minimum of 100 feet from any property occupied by residential uses or designated by the General Plan for residential land uses. This section does not apply to tires and hazardous waste that are normally a part of a fully assembled vehicle.
D.
Minimum eight-foot-high masonry block walls and solid, view obscuring gates, measured from highest finished grade, shall be provided and shall fully enclose the outdoor storage area. To provide additional screening beyond eight feet in height, the Planning Commission may approve other screening materials to be installed on top of the required masonry wall.
E.
The total lot area used by the automobile wrecking business shall be not less than one acre or 43,560 square feet. On a property occupied by more than one use, only the portion of the lot used by the automobile wrecking business shall be counted.
F.
A minimum of one parking space shall be provided for each 2,000 square feet of lot area used by the automobile wrecking business, not including the area occupied by any buildings, plus a minimum of one parking space shall be provided for each 250 square feet of gross building floor area.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.150 Machine shops.
Machine shops as a use accessory and incidental to a permitted or conditionally permitted automobile related principal use, are subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and subject to the following minimum conditions and standards in addition to any others deemed necessary and appropriate to insure compatibility with existing or future permitted uses in the vicinity:
A.
All work activity shall be conducted within an enclosed structure;
B.
Machinery and equipment shall be screened by solid walls in such a manner as to substantially reduce the escape of noise; and
C.
In addition, the following factors shall be considered in determining an. appropriate incidental machine shop use: total horsepower of all machines; the ratio of accessory use floor area to the principal use; and the use of separate advertising.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.155 Automobile dealer.
Automobile dealer may include repair, painting and body work are subject to the issuance, existence and validity of a conditional use permit pursuant to Section 17.02.210, in certain zones as described in Section 17.04.010 and the following minimum conditions and standards in addition to any others deemed necessary and appropriate to ensure compatibility with existing or future uses in the vicinity:
A.
All work activity shall be conducted within an enclosed structure; in addition, all buildings and structures used wholly or partially for vehicle body and fender repair and/or painting shall have a setback of at least 100 feet from a property zoned or used for commercial or residential purposes. However, any building or structure used for vehicle body and fender repair and/or painting may be less than 100 feet from property zoned or used for commercial or residential use if the following conditions are met:
1.
Exterior walls shall be at least six inches in thickness, and shall be constructed of reinforced concrete or concrete block or of other materials and designs approved by the Community Development Department.
2.
Only fixed or stationary windows that provide adequate sound attenuation to prevent the emission of noise of such a nature or intensity as would tend to disturb abutting properties may be constructed in walls parallel to such side or rear lot lines and shall be approved by the Community Development Department.
3.
Roof openings may be constructed in such buildings or structures only if they are so equipped that they may be close to prevent the emission of noise of such a nature or intensity as would tend to disturb abutting properties.
4.
No vehicles awaiting repair, body and fender work or painting shall be stored outside of an enclosed building within 10 feet of an abutting property used or zoned for commercial or residential purposes.
5.
Wall to Separate from Commercial and 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 zoned or used for vehicle body and fender repair or painting purposes when such lot or parcel line abuts property zoned or used for commercial or residential purposes. The construction and maintenance of such wall shall be the responsibility of the vehicle body and fender repair or painting user.
6.
Entrances and Openings. Within 100 feet of a property zoned or used for commercial or residential purposes, no doorway entrance or other opening in excess of four feet by eight feet shall be installed or maintained on a wall facing such property; provided, however, that an entrance or opening in excess thereof may be installed in a building wall on the opposite side of such commercial or 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 commercial or residential property within 100 feet of such property when such opening is separated from such side or rear lot line by a portion of the building or structure at least equal in length to the width of such opening and substantially perpendicular to such opening.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.160 Internet-related businesses.
A.
Purpose. The City Council finds and determines that Internet-related business establishments present problems that are encountered by residents of Norwalk, including, but not limited to, littering, loitering, crime, interference with children on their way to school, defacement and damaging of structures, discouragement of more desirable and needed commercial uses connected primarily with the operation of such establishments. The standards set forth in this section are necessary to reduce the above negative impacts, including crime, associated with the unregulated proliferation of Internet-related businesses. Therefore, it is the purpose and intent of the City Council, in enacting this section, to regulate Internet-related businesses for the protection of the public, for the additional protection of minors and for the preservation of the peace and welfare of the community. Zoning and other police power regulations, such as those employed in this section, are legitimate, reasonable means of accountability to help protect the quality of life in the City of Norwalk and to help ensure that all operators of Internet-related businesses comply with reasonable, content neutral, regulations.
B.
Operational Standards for Internet-Related Businesses. The following operational standards shall be met by Internet-related business establishments.
1.
An Internet-related business shall be permitted only in the C-3, M-1, and M-2 zones.
2.
Hours of Operation. The hours of operation shall be limited to 7:00 a.m. to 12:00 a.m. of each day. There shall be no customers in or about the premises between the hours of midnight and 7:00 a.m., any day of the week.
3.
Minors. Unless accompanied by a parent or legal guardian, no person under 18 years of age (hereinafter referred to as "minor"), who is subject to compulsory education or compulsory continuing education, may be present in an Internet-related business between the hours of 8:00 a.m. and 3:00 p.m. on days when the minor's school is in session, or if those hours are not applicable to the minor, then on those days and during those hours of schooling applicable to the minor. No minor may be present in an Internet-related business between 10:00 p.m. until the business closing time, unless accompanied by a parent or legal guardian. Each operator shall post a sign in a conspicuous location near each entrance of the business, in letters two inches in height, advising patrons of the time restrictions applying to minors.
6.
Use Restrictions on Subject Property.
a.
No gambling or live entertainment shall be permitted on a permanent or temporary basis within the premises.
b.
No music or noise generated from within an Internet-related business and discernable from the outside of the establishment shall be permitted.
c.
No alcoholic beverage shall be sold or consumed within the premises. No intoxicated person shall be permitted to enter into or remain in the Internet-related business.
d.
The Internet-related business use shall be conducted entirely within a building.
7.
Design Requirements.
a.
Adequate interior visibility into the establishment shall be provided at all times. All windows and entrances to and into the business shall be left clear and unobstructed to allow an unimpaired line of sight into the interior of the business during nighttime hours. During daytime hours, window shades or screens may be used to filter the sun as long as the shades or screens do not obscure visibility into the establishment. Window signage shall be limited to 10% of the total window area.
b.
All entrances and exits for Internet-related business establishments shall be clearly revealed and designated and shall remain unlocked for unrestricted ingress and egress while guests, patrons, or invitees are in the establishment. Ingress and egress to the establishment shall be provided through a main, front entrance. Ingress and egress through rear, side, or secondary doors shall be permitted for emergency purposes only and shall be clearly marked as emergency entry/exits.
c.
"No Loitering" signs shall be posted at the front and rear outdoor areas of the business.
d.
A waiting area with not less than eight seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted.
e.
One fully functioning public restroom facility shall be provided for customer use.
f.
There shall be a fully functioning camera/video surveillance system capable of clearly recording the activity and physical features of persons or areas within the premises. The system shall record activities in the entire interior of the premises, including all entrance and exit points, and the property directly adjacent to the entry and exit doors. The system shall be subject to inspection by the city during business hours any day of the week. The system shall be maintained in good working order, including the running of the videotape at all times. Each videotape shall be maintained for a minimum period of 72 hours. Each Internet-related business shall post a sign in a conspicuous location near each entrance stating that the premises are subject to video surveillance.
(Prior code § 27-22.24; Ord. 1545 § 2, 2004; Ord. 21-1722 § 2)
§ 17.04.165 Tank farms.
Tank farms storing flammable liquids, are subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and provided that the following minimum conditions, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, are met:
A.
Five hundred foot separation from the nearest storage tank to any adjacent or surrounding residential or public land use or zone by a minimum eight-foot-high solid masonry wall and a minimum 20 foot-wide landscaped area containing trees of adequate size to provide a substantial shield for neighboring properties. Where adjacent or surrounding property is zoned or used for industrial purposes, chain-link fencing may be substituted for masonry walls and the landscape width reduced to 10 feet if the Planning Commission determines that substantially the same protection will be given the adjoining and neighboring uses, considering their proximity and nature.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.170 Hospitals.
A.
Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for hospitals within the City. A conditional use permit shall be granted for such uses in any zone, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood. Applicable provisions of the Welfare and Institutions Code and Health and Safety Code and other codes of the State shall control the granting and terms of conditional use permits for such purposes. Parking shall be provided as specified by Chapter 17.03, Article II.
B.
Hospitals. Hospitals of any size may be established and the property so used in any zone except M-1, M-2 and P and except as limited in a C-3 zone by the provisions of M-1 zone by Section 17.07.020(A)(2), subject to the approval and terms of a conditional use permit. In considering an application for a permit to establish a hospital, the Commission, and the City Council in the event of an appeal, shall require, in addition to the requirements specified in Section 17.02.210, assurances from the proposed operators of their ability to meet all requirements of the State, including any applicable codes, laws, rules or regulations. The Commission or Council may require the submission of plot plans and construction details for approval, and may also require the applicants to post with the City faithful performance bonds to assure compliance with the terms and conditions of any permit for such use.
C.
Validity. In the event that it is judicially determined that any requirement of this section is invalid, then the uses affected shall be permitted only in a C-1 zone, subject to all of the limitations and conditions applicable thereto, except that habitable rooms are permitted.
D.
Interpretation. The designation of specific uses permitted as set forth in this section shall not be construed as meaning that other uses of a similar character which are not more obnoxious or detrimental to the public health, safety or welfare than those enumerated are prohibited; provided, however, that any use not specified which, in the sound judgment of the Commission, does not come within the purpose of this article is prohibited.
(Prior code §§ 27-29.1, 27-29.3, 27-29.5, 27-29.6; Ord. 21-1722 § 2)
§ 17.04.175 Animal clinic or hospital.
Animal clinics or hospitals are subject to Director approval pursuant to Sections 17.02.203 and 17.04.010 provided that the following conditions are met:
A.
Boarding for other than surgical recovery or medical treatment is prohibited,
B.
Disturbing noises are prohibited and adequate sound-proofing shall be provided together with other conditions to control odors, method of disposal of dead animals, and other aspects necessary to assure compatibility, and
C.
Animals shall be housed within a building, and outdoor runs or kennels may be prohibited.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.180 Sanitariums.
A.
Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for sanitariums within the City. A conditional use permit shall be granted for such uses in any zone, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood. Applicable provisions of the Welfare and Institutions Code and Health and Safety Code and other codes of the State shall control the granting and terms of conditional use permits for such purposes. Parking shall be provided as specified by Chapter 17.03, Article II.
B.
Sanitariums of All Kinds. In considering an application for a permit to establish a sanitarium in any zone except M-1 or P, the Commission, and the City Council in the event of appeal, shall consider, in addition to the factors specified in Section 17.02.210, the following:
1.
The size of the subject property.
2.
Its separation from adjacent uses.
3.
The patient control procedures proposed to be instituted to:
4.
The architectural treatment of the premises proposed to be occupied by the use, and its compatibility with the neighborhood.
5.
The extent of proposed landscape treatment of the site, and the assurances of continued maintenance thereof.
6.
Such other factors as the public health, safety and general welfare, and the purposes and intents of this title, may require.
7.
Evidence of the ability of the proposed operator of the proposed use to meet any and all conditions imposed. The Commission or City Council may require the applicant to post with the City faithful performance bonds to assure compliance with the terms and conditions of any permit for such uses. The statement of such authority is not intended to foreclose a similar requirement in other appropriate circumstances.
C.
Validity. In the event that it is judicially determined that any requirement of this section is invalid, then the uses affected shall be permitted only in a C-1 zone, subject to all of the limitations and conditions applicable thereto, except that habitable rooms are permitted.
D.
Interpretation. The designation of specific uses permitted as set forth in this section shall not be construed as meaning that other uses of a similar character which are not more obnoxious or detrimental to the public health, safety or welfare than those enumerated are prohibited; provided, however, that any use not specified which, in the sound judgment of the Commission, does not come within the purpose of this article is prohibited.
(Prior code §§ 27-29.1, 27-29.2, 27-29.5, 27-29.6; Ord. 21-1722 § 2)
§ 17.04.185 Discount stores.
Discount stores are subject to the issuance, existence and validity of a conditional use permit as specified in Section 17.04.010, pursuant to Section 17.02.210 and provided that the following minimum conditions, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in the vicinity, are met:
A.
Use Classification. Retail establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise, primarily at a single discount price and/or in the low and very low price ranges.
B.
Minimum Lot Area. Discount stores shall not be permitted on lots less than six acres of net area.
C.
Minimum Separation Requirement. New discount stores shall not be less than one-half mile from an existing discount store.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.190 Child care centers, day nurseries, foster homes, homes for the aged, convalescent homes, eleemosynary institutions.
A.
Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for child care centers, day nurseries, foster homes for children, homes for the aged, convalescent homes and eleemosynary institutions within the City. A conditional use permit shall be granted for such uses in any zone, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood. Applicable provisions of the Welfare and Institutions Code and Health and Safety Code and other codes of the State shall control the granting and terms of conditional use permits for such purposes. Parking shall be provided as specified by Chapter 17.03, Article II.
B.
Child care centers, day nurseries, foster homes, homes for the aged, convalescent homes and eleemosynary institutions may be established in any zone except M-1, M-2 and P, and the property so used, subject to the approval and terms of a conditional use permit.
C.
Validity. In the event that it is judicially determined that any requirement of this section is invalid, then the uses affected shall be permitted only in a C-1 zone, subject to all of the limitations and conditions applicable thereto, except that habitable rooms are permitted.
D.
Interpretation. The designation of specific uses permitted as set forth in this section shall not be construed as meaning that other uses of a similar character which are not more obnoxious or detrimental to the public health, safety or welfare than those enumerated are prohibited; provided, however, that any use not specified which, in the sound judgment of the Commission, does not come within the purpose of this article is prohibited.
(Prior code §§ 27-29.1, 27-29.4—27-29.6; Ord. 21-1722 § 2)
§ 17.04.195 Emergency shelters.
A.
Purpose. It is the purpose of this section to provide for the orderly establishment and use of property for emergency shelters within the City.
B.
Emergency shelters may be established in the M-1 or M-2 zones, and when the property is so used, shall comply with the following development and operational standards.
1.
Development Standards.
a.
Emergency shelters shall comply with all standards of the M-1 and M-2 zones per Title 17 of the Norwalk Municipal Code and Building and Safety Standards per Title 15 of the municipal code.
b.
An emergency shelter or a combination of emergency shelters with 50 beds or fewer shall be allowed as a permitted use in the M-1 or M-2 zone as long as such shelters comply with the provisions of this section. Emergency shelters with more than 50 beds or existing emergency shelters that increase their bed capacity to more than 50 beds are allowed with the approval of a conditional use permit in addition to compliance with the provisions of this section.
d.
Bike racks shall be provided at the facility where the emergency shelter is located.
e.
A minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured between property lines.
f.
Emergency shelters shall be located within one-quarter mile from a designated public transportation stop.
g.
Exterior lighting shall be provided for the entire outdoor and parking area of the property, at an intensity of between one and two foot candles, so as to provide adequate lighting for the property while not disturbing surrounding residential or commercial areas. Light sources shall contain light shields to prevent the spillage of lighting onto adjacent properties.
h.
Improvements made to emergency shelter facilities shall comply with the provisions of the Norwalk Municipal Code or the most current adopted Building and Safety Code in the category of dormitories, whichever is more restrictive, and shall include the following:
i.
A waiting and client in-take area shall be provided at a rate of 10 square feet per bed, with a minimum of 100 square feet. Any exterior areas used for such purposes must be screened from the public right-of-way and the public view by a minimum six-foot tall visually screening decorative wall or fence.
j.
A refuse storage area that is fully enclosed with masonry walls and solid gates and large enough to accommodate a standard-sized trash bin adequate for the use on the property shall be provided.
2.
Operational Standards.
a.
The maximum length of stay shall not exceed 180 consecutive days in a 365 day period.
b.
The emergency shelter facility shall provide an on-site manager at the facility at all times of operation.
c.
The facility shall operate on a first-come, first-serve basis with clients permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m.
d.
Each facility operator must provide a detailed operations plan for review and approval of the Public Safety Department, the Los Angeles County Sheriff's Department, and Community Development Department prior to the operation of a shelter. The plan, at minimum, shall address such items as follows:
i.
On-site security and safety;
ii.
Number of staff and/or volunteers per shift;
iii.
Ratio of staff to clients;
iv.
Staff training and qualifications;
v.
Loitering control;
vi.
Client eligibility;
vii.
Types of services and social services offered;
viii.
Indoor and outdoor management of the facility;
ix.
Neighbor communication plan to include a written protocol for ongoing communications with the City and the surrounding neighborhood to respond to neighborhood complaints.
e.
Alcohol and narcotics use and consumption are prohibited within the facility and on the property.
f.
The emergency shelter facility may provide the following services in a designated area separate from sleeping areas:
i.
A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six-foot tall visually screening decorative wall or fence.
ii.
A counseling center for job placement, educational, health care, legal services, or mental health services.
iii.
Laundry facilities to serve the number of clients at the shelter.
iv.
Kitchen and dining areas, which must be in compliance with all applicable Los Angeles County Health Department regulations.
v.
Client storage area.
g.
Security personnel shall be provided during operational hours and when people are waiting outside the emergency shelter facility.
C.
The emergency shelter facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's operation plan and other applicable laws and standards.
D.
Approval. An application to establish and operate an emergency shelter shall be submitted to the Community Development Department.
1.
Applications for an emergency shelter or combinations of emergency shelters with 50 or fewer beds, shall be reviewed and approved by the Director of Community Development if the application:
2.
Applications for an emergency shelter with more than 50 beds or an existing emergency shelter that desires to increase their current bed capacity to more than 50 beds, the application shall be accompanied with an application for a conditional use permit and shall be processed pursuant to the applicable provisions of the Norwalk Municipal Code.
(Ord. 14-1652 § 3; Ord. 21-1722 § 2)
§ 17.04.197 Smoke shops.
A.
Purpose. The specific purpose of this section is to establish regulations for smoke shops.
B.
Definitions. For the purpose of this section, "smoke shop" shall be defined as indicated in Section 17.01.060, Definitions, of this title.
C.
Conditional Use Permit. Smoke shops, are permitted in the C-1, C-3, C-M, M-1 and M-2 zones, and specific plan areas as listed in Chapter 17.09 of this title, subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210 of this title and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:
2.
That the establishment of the proposed use is consistent with the purpose and intent of this title and of the particular zone;
3.
That the proposed use is compatible with surrounding uses;
4.
That the proposed use does not have a detrimental effect on the public health, safety, or general welfare; and
5.
That the proposed use complies with all applicable State and local laws, and that all necessary building, plumbing and electrical permits have been obtained.
D.
Locational and Operational Requirements. Smoke shops shall comply with the following requirements:
1.
That the proposed use is being established outside of 600 feet of a sensitive use as such term is defined in Section 17.01.060 of this title;
2.
Written approval from the property owner where such use is to be established, authorizing same;
3.
Each smoke shop shall hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization, in accordance with State law, and shall be prominently displayed in a publicly visible location at the establishment;
4.
Each smoke shop shall have an on-site manager a minimum of 21 years of age;
5.
No person who is younger than the minimum age of 18 years or as established by State law shall be permitted to sell, display, market, barter, trade or exchange any combination of tobacco, tobacco products, or smoking or exchange of tobacco paraphernalia, including electronic smoking devices and accessories;
6.
No smoking, as defined in Title 8 of this code, shall be permitted within the smoke shop; and
7.
The operation of video games, or any other electronic games is prohibited.
E.
Prior to the effective date of the ordinance codified in this section, a smoke shop lawfully existing and which holds a valid business license in the City of Norwalk, may remain in existence until such time as there is a substantial change in the mode or character of operation. For purposes of this section, "substantial change of mode or character of operation" shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 30 days, notwithstanding, Chapter 17.01, Article IV, Nonconforming Buildings and Uses. Transfers of ownership shall not be considered a substantial change of mode or character of operation. When a substantial change of mode or character of operation occurs, lawfully existing smoke shops must obtain a conditional use permit and shall be subject to the provisions of this section and may not be re-established unless it fully complies with all provisions of subsections C and D of this section.
F.
Prior to the effective date of the ordinance codified in this section, an inventory of existing smoke shop establishments shall be conducted by City staff and filed with the Community Development Department. After the inventory is completed, only those businesses listed in the inventory are determined to be smoke shops lawfully existing as set forth in subsection E of this section.
G.
After the effective date of the ordinance codified in this section, any existing smoke shop that has obtained a conditional use permit that becomes nonconforming to subsection (D)(1) may remain in existence until such time as there is a substantial change in the mode or character of operation. For purposes of this section, "substantial change of mode or character of operation" shall include, but not be limited to, structural changes (i.e., expansion of usable floor area is proposed or remodeling), a pattern of conduct in violation of other laws or regulations, or a period of closure for more than 30 days, notwithstanding, Chapter 17.01, Article IV, Nonconforming Buildings and Uses. Transfers of ownership shall not be considered a substantial change of mode or character of operation.
(Ord. 15-1668 § 9; Ord. 21-1722 § 2)
§ 17.04.198 Mobile food truck.
A.
Purpose. The purpose of these procedures is to regulate mobile food trucks in a manner that protects the public health safety, and welfare, while also accommodating mobile food truck activity that promotes an active and social pedestrian environment within appropriate areas of the City.
B. "Mobile food truck" "Permit holder" "Permitted parking space" "Vend" or "vending" "Vendor"
Definition. For the purpose of this chapter, the following terms shall have the following meaning:
means a licensed, motorized vehicle or mobile food unit licensed by the Department of California Department of Motor Vehicles, designed and equipped to prepare, or serve, and sell food, and temporarily stored in a location where food items are sold to the general public.
means any person who holds a current food truck permit.
means the location where a mobile food truck is permitted to prepare, serve and sell food, as identified and approved by the City.
means to sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise.
means any person who owns, operates or manages a business that uses or applies for a food truck permit.
C.
Applicability.
1.
Director approval is required for mobile food truck operations on private property, pursuant to Section 17.02.203.
2.
Once issued, the approval will allow the property owner to authorize individual mobile food truck operators to operate on the premises in accordance with any limitations imposed by the Director and regulations contained in this section.
4.
This section excludes a contractual or other private arrangement between a mobile food truck and an individual or group that wishes to have food catered to a specific location and which is not open to the public.
E.
Submittal Requirements. A written application for Director approval shall be submitted to the Planning Division of the Community Development Department along with a site plan, operational plan; and, any other information as deemed necessary by the Director.
F.
Use Standards.
1.
The mobile food truck shall be licensed in accordance with the rules and regulations of any local, County, State and Federal agency having jurisdiction over the mobile food truck or products sold therein.
2.
Mobile food trucks must be located at least 300 feet of any property zoned for residential.
3.
Mobile food trucks can only be located on a lot containing a principal building or use. The owner or vendor of a mobile food truck shall not park, operate or place the mobile food truck on a vacant lot.
5.
Mobile food trucks shall not require use of more than 25% of existing parking spaces.
6.
Mobile food trucks must be located at least 100 feet from the main entrance to any eating establishment or similar food service business, 100 feet from any outdoor dining area and 50 feet from any permitted food vending cart location, as measured from the designated location on the lot accommodating the food truck. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to food truck location being approved, nothing shall prohibit the property owner from continuing to operate at the approved location until the food truck permit has expired.
7.
Mobile food trucks must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not be located within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Food trucks must be located minimum distance of 15 feet in all directions of a fire hydrant.
8.
Mobile food trucks and associated seating, if any, must not occupy spaces required to fulfill the minimum requirements of the principal use, unless the principle use's hours of operation do not coincide with those of the food truck business.
9.
Mobile food trucks and associated seating, if any, must not occupy parking spaces that may be leased by other businesses and uses to fulfill their minimum parking requirements.
10.
Mobile food trucks must not occupy any accessible parking spaces or impede required path of travel to any accessible parking spaces.
11.
The mobile food truck vendor or their designee must be present at all times while operating, except in cases of an emergency.
13.
Mobile food truck operations shall comply with the California Retail Food Code (Health and Safety Code).
14.
The owner or vendor of a mobile food truck shall not sell merchandise or prepare, sell or serve food on any public street, sidewalk, or other public right-of-way.
15.
The vendor shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within ten feet of the mobile food truck. The owner or vendor of the mobile food truck shall keep all areas adjacent to the mobile food truck clean and free from litter, garbage, and debris. The vendor shall ensure that all trash and waste collected from its operations is lawfully and properly disposed.
16.
All mobile food trucks must be parked on asphalt, concrete, or other hard all-weather surface.
G.
Frequency. Mobile food trucks shall be permitted, on each property, a maximum of no more than two days per calendar week. Mobile food trucks may operate at different locations throughout the City as allowed in this section.
H.
Hours of operation. Mobile food trucks may operate at any time between the hours of 8:00 a.m. and 11:00 p.m., up to four consecutive hours per day. Mobile food trucks may operate during the principal use's hours of operation, only if the mobile food truck is not occupying required parking for the principal use. If the mobile food truck is occupying required parking for the principal use, its operations must be during the principle use's non-hours of operation and shall be restricted to the hours of 8:00 a.m. and 11:00 p.m., up to four consecutive hours per day.
I.
Prohibited.
1.
Mobile food trucks shall not be allowed within residential zones.
2.
Open flame cooking shall be prohibited.
3.
No freestanding signage or audio amplification is allowed.
4.
City trash receptacles may not be used to dispose trash or waste.
5.
No sales or service of alcohol shall be allowed by mobile food trucks.
6.
The owner or operator of a mobile food truck shall not connect the mobile food truck to a source of electricity, water or sewer where the mobile food truck is operated.
7.
Mobile food trucks shall not be parked on grass or dirt areas.
8.
Grease and liquid waste may not be disposed in tree pits, storm drains, the sanitary sewer system or public streets.
J.
Decision, Transmittal, Appeal. The Director's decision, transmittal of decision and appeal procedures shall be consistent with the regulations contained in Section 17.02.203.
K.
Revocation. The Director may revoke or modify any mobile food truck approval on any one or more of the following grounds:
1.
That the mobile food truck approval was obtained by fraud or misrepresentation;
2.
That the mobile food truck approval granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or
3.
That the mobile food truck approval is/are being, or within the recent past have/has been, maintained so as to be detrimental to the public health or safety or as to constitute a nuisance.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.199 Temporary uses.
A.
Purpose. The purpose of this section is to establish a mechanism to permit certain temporary uses, which do not require permanent construction, conducted on a short-term basis, and provide performance standards for regulating such uses to ensure their compatibility with existing uses. Factors such as current zoning, location, and duration of the temporary use are considered when approving a temporary use.
B.
Definition. "Temporary uses" means all uses of a short-term nature or fixed duration of the property, which do not require permanent construction and which are approved with a specific time limit and which are not subject to the regulations contained in Title 5, Chapter 5.28 Special Events and Business Events.
C.
Permit Required. The following temporary uses may be approved by the Director:
1.
Residential development sales office or model home;
2.
Fundraiser events;
3.
Temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters;
4.
Temporary trailers, buildings, or other structures for construction, and outdoor storage containers for construction-related materials; and
5.
Other temporary uses/activities of a similar nature as determined by the Director.
D.
Authority. The Director shall have the authority to approve temporary uses in accordance with this section and pursuant to Section 17.02.203 of this Code.
F.
Frequency of Operation and Time Restrictions.
1.
A temporary use may occupy a site for no more than 90 days, whether consecutive or nonconsecutive within a calendar year. The director may authorize up to one fifteen (15) day extension if such extension will be consistent with the requirements of this section. Any extension request shall be subject to applicable review fees. No more than one extension may be granted within any 365 day period.
2.
All outdoor activities shall be discontinued by 11:00 p.m. when located closer than 500 feet to a residential use.
G.
Performance Standards for All Temporary Uses. Approved temporary uses shall comply with the following performance standards:
1.
A temporary use shall not be conducted or located on any site or property without the consent of the owner(s) thereof.
2.
In conducting the temporary use, the applicant shall comply with all County, State, and Federal laws, and all City ordinances and resolutions which are applicable to the use or the conduct thereof, and shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses, or other approvals.
3.
Temporary uses proposed within residential zoning districts shall not be permitted if they cause significant adverse impacts to residential uses, taking into consideration the characteristics of the residential neighborhood and the scale and duration of the temporary use.
4.
The temporary use and associated structures shall be compatible, on a short-term basis, with uses in the general vicinity and on adjacent properties.
5.
Each site occupied by a temporary use shall be kept free of debris and litter, and upon completion or removal of the temporary use, all debris, litter, or other evidence of the temporary use and associated activity shall be removed.
6.
Each site occupied by a temporary use must provide or have available sufficient off-street parking, vehicular maneuvering area, and access for customers, and must provide safe and efficient interior circulation and ingress and egress from a public or private right-of-way. A temporary use that is conducted within an established parking area shall not reduce required parking to the point that insufficient parking exists for the combination of uses on the site.
7.
No unauthorized encroachments on public rights-of-way are allowed.
8.
Any temporary signs used in conjunction with a temporary use must be in accordance with Section 17.03.170.N.
9.
Temporary uses shall not unreasonably impact the public health or safety, or create pedestrian or vehicular traffic hazards. The City may impose additional security measures and/or traffic control requirements.
11.
The Director may impose additional measures or conditions to mitigate any impacts resulting from the temporary use. The Director may exercise discretion in the applicability of the above performance standards to achieve the purposes of this section.
(Ord. 20-1720 § 2; Ord. 21-1722 § 2)
§ 17.04.200 Animals on residential properties.
A.
Purpose. The specific purpose of this section is to establish regulations for the keeping and maintaining of animals on properties zoned for or developed with residential uses.
B.
Animals for Personal Use Only.
1.
All animals maintained on a property zoned for or developed with a residential use shall be for the personal use of the persons residing on the property, and shall not be used for any commercial purpose.
2.
The sale of an animal, or the offspring of animals, listed on an approved animal permit, shall not be considered a commercial use, provided that the animals are not being maintained for commercial breeding purposes.
C.
Types and Numbers of Animals.
1.
The following animals are allowed on any property zoned for or developed with a residential use, regardless of lot size, without restriction to the number of animals, unless otherwise noted in this section:
a.
Amphibians, limited to: frogs, toads, salamanders, and newts;
b.
Ten birds per each residential dwelling unit, limited to: doves, pigeons, parrots, cockatoos, and song birds; a maximum of 25 birds may be allowed subject to the approval of an animal permit pursuant to Section 17.02.140;
c.
A combination of three dogs or cats, and their offspring not exceeding four months of age, for each residential dwelling unit; a maximum of five dogs or cats may be allowed subject to the approval of an animal permit pursuant to Section 17.02.140;
d.
Fish;
e.
Reptiles, limited to: turtles, nonvenomous lizards, and nonvenomous snakes; and
f.
A maximum of 10 small mammals per each residential dwelling unit, limited to: rabbits, mice, rats, hamsters, gerbils, guinea pigs, and chinchillas.
D.
Animal Regulations in the R-H Zone.
1.
The following regulations apply to the keeping and maintenance of animals for all properties located in the R-H zone:
a.
A minimum lot size of 9,000 square feet is required for the keeping and maintenance of any animal listed in subsection (D)(2) of this section;
b.
In addition to animals permitted pursuant to subsection C of this section, a maximum of one animal unit, as defined in subsection (D)(2) of this section, is allowed for each 3,000 square feet of gross lot area;
c.
An animal enclosure, as defined in Section 17.01.060, shall be provided for each animal unit and shall not have a dimension less than 12 feet (e.g. minimum 12 foot by 12 foot enclosure);
d.
An animal enclosure for all animals listed under subsection (D)(2) of this section shall not be located less than 35 feet from any portion of a residential dwelling unit;
e.
An animal yard area, as defined in Section 17.01.060, shall be provided for each animal unit and shall not be less than 500 square feet in area nor shall it have a dimension less than 12 feet (e.g. minimum 12 foot by 42 foot area). The animal yard area need not exceed 2,000 square feet of open space area on any lot; and
2.
Animal units shall be defined as one of the following:
a.
One horse or other equine, including miniature horses, ponies, donkeys, or mules, and their offspring not exceeding 12 months of age; or
b.
One bovine and their offspring not exceeding 12 months of age; or
c.
One pig or miniature pig and their offspring, not exceeding three months of age; or
d.
Two goats, sheep, llamas, or alpacas and their offspring not exceeding six months of age; or
e.
Two ostrich or emu and their offspring not exceeding 12 months of age; or
f.
Five turkeys, grouse, chickens (excluding roosters), quails, guineafowl, peafowl, pheasants, ducks, geese, or swans, and their offspring not exceeding three months of age.
E.
Prohibited Animals.
1.
The following animals are expressly prohibited on any property zoned for or developed with a residential use:
2.
This subsection does not apply to the transportation of any such animal through the City, provided that adequate and secure safeguards are taken to prevent the escape thereof and to protect the public nor shall this section apply to any circus, show or temporary event involving the display of such animals while the show is legally located and permitted within the City.
(Prior code § 27-22.12; Ord. 08-1603 § 7; Ord. 14-1654 §§ 6, 7; Ord. 21-1722 § 2)
§ 17.04.210 Accessory dwelling units.
A.
Purpose. The purpose of this section is to comply with Government Code Section 65852.2, which allows the City to enact standards for the development of accessory dwelling units (ADUs) to increase the supply of affordable housing while ensuring that ADUs remain compatible with existing neighborhoods.
B.
Submittal Requirements and Application Processing.
1.
The Director of Community Development shall prescribe the form of applications, documents to be submitted and the type of information to be provided by the applicant.
2.
Application Requirement. Any application for an ADU that meets the standards contained in this Code shall be approved ministerially, without discretionary review, by the Director of Community Development or designee.
C.
Use Restrictions.
1.
If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
2.
The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
3.
The ADU is not to be sold or conveyed separately from the primary dwelling.
D.
Location Requirements.
1.
One ADU may be developed on properties that are zoned for single-family residential uses, including R-1, R-2, R-3, R-4, and R-H zones.
2.
The property shall contain exactly one existing or proposed single-family dwelling.
3.
The ADU may not be located on real property that is listed on the California Register of Historic Places.
E.
Development Standards for ADUs with New Construction. The following development standards shall apply to: (1) ADUs involving new construction, which includes, but is not limited to, an ADU that is entirely made up of new construction, and an ADU comprised of part of an existing accessory structure or residence but the ADU does not fit within the existing space of the single-family residence or accessory structure; and (2) newly established ADUs within existing structures listed in subsection (F)(2).
2.
Lot Width. All properties shall contain a minimum lot width of 50 feet.
3.
Setbacks.
a.
For properties with an R-1, R-2, R-3, or R-4 zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05.
b.
For properties with an R-H zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Article IV of Chapter 17.05.
c.
An ADU shall not be built above an existing structure if the structure is located within the required front or rear yard.
d.
A detached ADU shall not be located in front of the primary dwelling.
4.
Separation. A detached ADU shall not be located within five feet of another accessory structure or primary dwelling, as measured from the nearest portions of the buildings.
5.
Building Height.
a.
For properties with an R-1, R-2, R-3, or R-4 zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05.
b.
For properties with an R-H zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article IV of Chapter 17.05.
c.
No portion of an ADU shall exceed the height of the primary dwelling. For the purpose of calculating the allowable building height for an ADU, the height of the primary dwelling shall include the roof, and shall not include the height of chimneys or other architectural projections that do not contribute to the gross floor area of the primary dwelling.
6.
Open Space. A minimum of 500 square feet of open space shall be provided for the ADU. This requirement shall be in addition to any open space required for the primary dwelling. Open space for an ADU shall:
7.
Unit Size.
a.
The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section 17.05.090(A)(4).
b.
The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling.
c.
An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU.
8.
Floor Plan.
a.
The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches.
b.
The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower.
c.
The ADU shall contain independent exterior access from the primary dwelling.
9.
Architectural Design.
a.
The ADU shall incorporate the same or similar architectural features, building materials, and colors of the primary dwelling. This includes, but is not limited to: roof pitches, exterior wall finishes, eaves, fascia boards and windows.
b.
The exterior access to the ADU shall not be visible from the street, including from the front or street side yard areas, in order to maintain the appearance of a single-family dwelling.
c.
Exterior staircases leading to a second story shall not be permitted. Any staircase providing access to an ADU located on the second story, or to a part of an ADU located on the second story, must be contained within the interior of the building.
11.
Off-Street Parking.
a.
No parking shall be required for an ADU.
b.
If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
12.
Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling.
13.
Address. All ADUs shall share the same address assigned to the primary dwelling.
14.
Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a.
If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
b.
The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
c.
The ADU is not to be sold or conveyed separately from the primary dwelling.
F.
Development Standards for Conversions of Existing Space into ADUs. The following development standards shall apply to conversions of existing space within a single-family residence or an existing accessory structure:
1.
Limited Scope of Work. Subsection F shall apply only to projects where the proposed ADU is contained entirely within the existing gross floor area of an existing single-family residence or accessory structure.
2.
Conversion of the following structures are subject to the requirements contained in subsection E:
a.
Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cochéres, or similar structures.
b.
Animal enclosures or buildings used for the housing of animals.
c.
Accessory buildings or accessory structures that are less than 150 square feet in area.
3.
Setbacks. No setbacks shall be required beyond what the existing structure currently has, except modifications to the existing structure that may be required by the Building Code and Fire Code.
4.
Unit Size.
a.
The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section 17.05.090(A)(4).
b.
The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling.
c.
An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU.
5.
Floor Plan.
a.
The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches.
b.
The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower.
c.
The ADU shall contain independent exterior access from the primary dwelling.
7.
Off-Street Parking.
a.
No parking shall be required for an ADU.
b.
If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
8.
Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling.
9.
Address. All ADUs shall share the same address assigned to the primary dwelling.
10.
Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a.
If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
b.
The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
c.
The ADU is not to be sold or conveyed separately from the primary dwelling.
(Prior code § 27-22.23; Ord. 1540 § 4, 2003; Ord. 18-1701 § 6; Ord. 21-1722 § 2)
§ 17.04.220 Condominiums, condominium conversions and stock cooperatives.
A.
Purpose and Intent. Residential condominiums and stock cooperatives. differ from other residential development forms in many ways, including the ownership of individual units, jointly held and maintained common areas and participation in an Association responsible to manage and operate the units. Condominium developments are a mix of individual and common ownership which differs from conventional and familiar patterns of housing in the City of Norwalk while possessing a high potential for mismanagement, especially if development standards are inadequate. This unique status indicates that it is necessary to treat such projects differently from apartments and like structures.
In order to achieve this purpose, it is necessary to provide additional review, as outlined herein, including imposition of different development standards and other reasonable conditions to serve and protect the public health, safety and general welfare.
B.
General Procedures. The Planning Commission and Planning Division shall prescribe the form of application, documents to be submitted, and the type of information to be provided by the applicant:
1.
The following information, and any other data found to be reasonably required, shall be filed with the Planning Division prior to acceptance of an application for a tentative tract map for a condominium, condominium conversion or stock cooperative:
a.
For proposed construction, detailed and fully dimensioned site plans, floor plans, and exterior building elevations. (Prior to issuance of a building permit, landscape plans shall be submitted to the Planning Division showing location, size, type and number of plant materials and the irrigation system.)
b.
In the case of a conversion, any available "as-built" structural plans and detailed drawings of existing buildings shall be submitted showing the method of compliance with requirements related to floor/ceiling and wall construction and other applicable electrical, plumbing and mechanical requirements of the building and safety code. Where such plans are not available, the applicant shall provide representative building plans in accordance with the Building and Safety Division requirements.
c.
The proposed documents, including any covenants, conditions and restrictions which have been prepared, that would apply to the conveyance of units, the assignment of parking, and the management of common areas. At the discretion of the Planning Division, Covenants, Conditions, and Restrictions may be submitted after approval of the tentative tract map, but prior to recordation of the final tract map.
d.
A radius map and list of property owners within 300 feet of the subject property.
2.
The Director shall obtain a report regarding existing structures from the Building and Safety Division, Fire Department and other affected public agencies concerning compliance with their respective Code requirements and the overall condition of the buildings and property, including the age, condition and degree of renovation necessary.
3.
In the case of a condominium conversion or stock cooperative, notices relative to any public hearing before the Planning Commission and the City Council shall be sent to all current tenants at least 10 days prior to any such hearing.
C.
Development Standards and Review Criteria. In a permitted zone, no building shall be constructed as a condominium, converted to a condominium or transformed into a stock cooperative except as may be allowed subject to the approval of a tentative tract map and recordation of a final tract map, and subject to the following standards and review criteria:
1.
Compliance with all regulations set forth in this title in effect at the time of application, including but not limited to required yards, density, open area and parking, unless otherwise provided for in this chapter.
2.
Compliance with all regulations set forth in the building code in effect at the time of application, including but not limited to energy standards, impact insulation and security requirements, unless otherwise provided for in this chapter.
3.
Each unit shall have a minimum of 90 cubic feet per covered parking space of lockable, weatherproofed storage area generally located outside of the unit (i.e., within a garage or carport over-the-hood cabinet). Other locations and sizes may be acceptable upon review and approval of the Director and/or Planning Commission.
4.
Utilities shall be provided in compliance with the following standards:
a.
Each unit shall have a clearly marked, easily accessible master water shut-off valve.
b.
Each utility, except water, that is controlled by and consumed within individual units shall be separately metered.
c.
Each unit shall have its own circuit breaker panel for all electrical circuits and outlets located within the unit or where easily accessible to their own unit.
5.
All wall and floor/ceiling assemblies between individual units shall be constructed with the following sound attenuation ratings:
6.
All permanent mechanical equipment, including fixed and built-in domestic appliances, shall be shock-mounted if determined to be a source of structural vibration or noise.
7.
Parking shall comply with the following standards:
8.
Laundry facilities shall be provided either within the units or in a laundry room with common facilities.
9.
Compliance with the standards, criteria, and applicable regulations set forth in this subsection shall be determined by the Planning Division and Building and Safety Division by a review of the plans and drawings required by subsection B of this section, and, where appropriate, by inspection of the subject site. Where detailed plans and drawings are not available for existing buildings, the Building and Safety Division shall inspect the subject site to determine required compliance.
D.
Final Map and/or Certificate of Occupancy. A final tract map and, if necessary, a certificate of occupancy, shall not be issued until and unless all requirements set forth in this section and established in conjunction with the approval of the tentative tract map are satisfactorily complied with.
(Prior code §§ 27-26.1—27-26.4; Ord. 06-1571 § 12; Ord. 21-1722 § 2)
§ 17.04.230 Outdoor recreational ramps.
An outdoor recreational ramp, as defined in Section 17.01.060, shall be allowed in the R-1, R-2, R-3, or R-H zone only if it complies with the following conditions and requirements:
A.
A maximum of one outdoor recreational ramp is allowed on a property, provided that the property is developed with only one single-family residence;
B.
The outdoor recreational ramp shall only consist of a quarter or half pipe, as defined in Section 17.01.060;
C.
In no case shall any portion of the outdoor recreational ramp exceed 275 square feet;
D.
In no case shall any portion of the platform exceed four feet in height;
E.
In no case shall any portion of the outdoor recreational ramp exceed seven feet in height;
F.
The outdoor recreational ramp is to be located in the rear half of the lot and at least 50 feet from the front property line;
G.
The outdoor recreational ramp, or any part thereof, must be located at least five feet from any side and/or rear property line;
H.
The outdoor recreational ramp cannot be located in required parking areas, driveways, and vehicle turnaround areas;
I.
Metal cannot be used on the top surface of the outdoor recreational ramp; and
J.
The outdoor recreational ramp shall be intended and used solely for the enjoyment of the occupants of the single-family residence and guests. No commercial or advertised use of the ramp shall be permitted and no donations or contributions shall be solicited or received for use of or attendance at ramp activities.
(Ord. 09-1618 § 2; Ord. 21-1722 § 2)
§ 17.04.235 (Reserved)
Editor's Note: Former Section 17.04.235 Density bonus, compiled by Ord. 14-1656 § 1; Ord. 21-1722 § 2 was repealed and replaced by Ord. 24-1755, 12/3/2024 in Art. V.
§ 17.04.236 Single room occupancy housing.
A.
Purpose. It is the purpose of this section to establish regulations for the orderly establishment and use of property for the development of single room occupancy (SRO) housing in their permitted zones. A conditional use permit shall be granted, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood.
B.
SRO development in conjunction with other multifamily development.
1.
SRO units in conjunction with other multifamily development shall not be comprised of more than 20% of the total housing units proposed.
C.
SROs may be established in the R-3 zone, and when the property is so used, shall comply with the following development and operational standards.
1.
Development Standards.
b.
Density. SRO developments shall comply with the maximum density in the zone in which they are located.
c.
Unit Size. Each unit shall have a minimum size of 150 square feet and a maximum of 350 square feet.
d.
Occupancy. Each unit shall accommodate a maximum of two persons.
e.
Bathroom. Each unit shall contain, at minimum a separate bathroom with sink, toilet, and bathtub or shower.
f.
Kitchen. Each unit shall contain, at minimum a kitchen including sink, counter top (minimum 16 inches by 24 inches), a refrigerator and stove/oven unit.
g.
Closet. Each unit shall have a separate closet of not less than 48 cubic feet in size.
h.
Laundry Facilities. Each SRO shall provide laundry appliances in individual units or in a separate room or rooms located in close proximity to the units served. A minimum of one washer and one dryer shall be provided for each 10 units or fraction thereof.
j.
Bike racks shall be provided at the facility where the SRO is located. Bike racks shall accommodate one bicycle for every three units.
k.
Exterior lighting shall be provided for the entire outdoor and parking area of the property, at an intensity of between one and two footcandles, so as to provide adequate lighting for the property while not disturbing surrounding residential or commercial areas. Light sources shall contain light shields to prevent the spillage of lighting onto adjacent properties.
l.
Common Open Space Requirements.
i.
Developments containing 16 or fewer units shall provide a minimum of 500 square feet of usable open space, with a minimum dimension of 10 feet.
ii.
Developments containing 17 units or more shall provide a minimum of 500 square feet of useable open space, with an additional 35 square feet required for each additional unit over 16, with a minimum dimension of 10 feet.
2.
Operational Standards.
a.
Each facility operator must provide a detailed management plan as part of the conditional use permit application. The plan, at minimum, shall address such items as follows:
b.
Resident Manager. Each development containing 16 or more units shall have a resident manager available on a 24 hour basis.
c.
Tenancy. Tenancy of SRO units shall be limited to 30 or more days.
(Ord. 16-1675 § 4; Ord. 21-1722 § 2)
§ 17.04.240 Purpose.
The Norwalk City Council finds and determines that the purpose of this article is to provide a uniform and comprehensive set of standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in all zones within the City. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This article provides standards necessary for the preservation of land uses in the City and to promote the public health, safety, community welfare, and the aesthetic quality of City of Norwalk consistent with the goals, objectives and policies of the General Plan, while at the same time provide for orderly, managed and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules and regulations.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.250 Definitions.
Unless otherwise stated, the following definitions pertain to this article and Section 17.02.295:
means any system of wires, poles, rods, discs, panels, microwave dishes, whip antennas or similar devices used for the transmission or reception of electromagnetic waves, including antenna relating to personal wireless services as defined by the Federal Telecommunications Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute, when such system is used in wireless telecommunications facilities. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes.
means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.
means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
means the locating of wireless telecommunications equipment from more than one provider on a single wireless telecommunications facility.
means the Director of Community Development of the City of Norwalk or designee.
means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.
means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole.
means attached or supported.
means digital low-power, high frequency commercial wireless radio telecommunications technology that has the capacity for multiple telecommunications services and the routing of calls to individuals, regardless of location.
means the Director of Community Development or the Planning Commission, as applicable, who has authority to review and either grant or deny a wireless telecommunications facility permit as set forth in Section 17.02.295 and this article.
means mounted above the eave line of a building.
means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
means any facility that transmits and/or receives electromagnetic waves, including but not limited to a facility consisting of any antenna, monopole, or other types of equipment for the transmission or receipt of such signals, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio telecommunications. A wireless telecommunications facility also includes personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.260 Wireless telecommunications facility permit required.
A.
No wireless telecommunications facility shall be located within the City of Norwalk on any property, including a public right-of-way, unless a wireless telecommunications facility permit as provided for in Section 17.02.295 and this article has been approved by the reviewing authority.
B.
A wireless telecommunications facility, a tower or other wireless telecommunication support structure built on speculation and for which there is no wireless tenant is prohibited within the City.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.270 Preference requirements.
A.
Preferred Locations. Wireless telecommunications facilities are encouraged to locate on existing buildings and structures and in the following order of preference:
1.
Collocation with existing facilities located in non-residential zones.
2.
Manufacturing zones.
3.
Commercial zones.
4.
Other nonresidential zones, except open space zones.
5.
On existing signal, power, light or similar kinds of poles in nonresidential zones.
6.
Public property (i.e., city facilities) not in residential zones.
7.
Public and private installations on water tanks, existing communication towers and other similar uses.
8.
Public rights-of-way adjacent to manufacturing and commercial zones.
9.
Parks and community facilities (i.e., places of worship, community centers) in residential zones or areas.
B.
Discouraged Locations. Wireless telecommunications facilities shall not locate in any of the following zones or areas unless the applicant demonstrates that there is no feasible alternative location to close a significant gap in coverage and that the proposed site is the least intrusive means of doing so:
C.
Wireless telecommunication facilities are prohibited on property zoned for residential use and improved with a dwelling, specific plan areas as set forth in Chapter 17.09 and planned unit development zones as set forth in Chapter 17.10 unless the specific plan area or planned unit development zone specifically allows or is amended to allow wireless telecommunications facilities.
D.
Accessory Wireless Equipment. In order of preference, accessory wireless equipment for facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the reviewing authority finds that another location is preferable under the circumstances of the application.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.280 Requirements for collocation on existing wireless telecommunications facilities.
A.
Notwithstanding any other provision of this article, the collocation of a new wireless telecommunications facility on an existing wireless telecommunications facility that: (1) was approved after January 1, 2007 by discretionary permit; (2) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (3) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless telecommunications collocation facilities, shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by the Zoning Regulations and/or the Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless telecommunications facility.
B.
The proposed collocation of a new wireless telecommunications facility on an existing wireless telecommunications facility that meets all of the requirements stated in subsection A above, may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless telecommunications collocation facility.
C.
Unless otherwise approved in writing by the Director and except as provided in this section, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this article.
D.
Except as otherwise provided above, approval of a wireless telecommunications facility permit shall be required when the proposed collocation facility:
1.
Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications facility; or
2.
Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or
3.
Collocates on an existing legally permitted wireless telecommunications facility that was approved on or prior to January 1, 2007; or
4.
Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, such as the size of the additional, proposed facility, and the potential visual or other impact of other proposed facility.
E.
Any collocated installation shall use screening methods similar to those used on the existing wireless telecommunications facilities. Use of other appropriate screening methods may be considered.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.290 Special requirement for wireless telecommunications facilities in the public right-of-way.
A.
Every permittee of a wireless telecommunications facility in the public right-of-way or person on a shared permit shall defend, indemnify, and hold harmless the City of Norwalk, its City Council, officers, and employees to the maximum extent permitted by law, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of the applicant's facility subject to this article.
B.
The permittee shall obtain, pay for and maintain, in full force and effect through the term of the permit, an insurance policy or policies that fully protects the City from claims and suits for bodily injury and property damage. The insurance must be issued by an insurance company satisfactory to the City Attorney or Risk Manager, and must be in the amount or amounts, which the City Attorney or Risk Manager determines. The insurance must afford coverage for the permittee or wireless provider's use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the City's Risk Manager. Before issuance of a building permit, the applicant shall furnish the City Risk Manager certificates of insurance and endorsements, in the form satisfactory to the City Attorney or the Risk Manager, evidencing the coverage required by the City.
C.
The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. In the event the permittee fails to complete said repair within the number of days stated on a written notice by the Director, the Director shall cause said repair to be completed and shall invoice the permittee for all costs incurred by City as a result of such repair.
D.
The permittee shall modify, remove, or relocate its wireless telecommunications facility, or portion thereof, without cost or expense to City, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency. Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.300 Development criteria for wireless telecommunications facilities.
Unless the applicant demonstrates that compliance with this section is not reasonably feasible without depriving applicant of its rights under State and/or Federal law, all wireless telecommunications facilities (except collocated facilities as set forth in Section 17.04.280) shall be planned, designed, located, erected in accordance with the following:
A.
Standards for Building, Structure and Façade Mounted Installations.
1.
If antenna panels are mounted on the exterior of the building or structure, they shall be painted or otherwise coated to match the predominant color of the building or structure.
2.
If required by reviewing authority, antenna panels shall be located and arranged on the building or structure so as to replicate the installation and appearance of the equipment already mounted to the building or structure.
3.
Roof-mounted antennas shall be located and designed in an area of the roof where the visual impact is minimized and shall be no taller than necessary to meet the operator's service requirements. Where roof-mounted antennas are readily visible, confirmation of necessary height for service requirements shall be based on independent analysis by a licensed radio engineer approved by the City if required by the Director.
4.
Façade-mounted antenna shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas may be required to be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Any newly-created architectural features must be located, proportioned and designed to be properly integrated into the building design. The antennas and/or equipment, not including any required screening, shall not project more than 18 inches from the face of the building or other support structure and no cable or antenna mounting brackets or any other associated equipment or wires shall be visible above, below, or to the side of the antennas. The reviewing authority may consider a projection of more than 18 inches if the projection is architecturally integrated with the design of the building or structure or if it otherwise designed to minimize its visibility.
B.
Standards for Monopole Installations.
1.
Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.
2.
All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used.
3.
Monopoles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless telecommunications facility. The applicant shall provide documentation satisfactory to the Director establishing compliance with this subsection.
4.
All monopoles shall be designed to be the minimum functional height and width required to support the proposed antenna installation.
5.
If a faux tree is proposed for the monopole installation (i.e., monopine, monopalm, etc.), it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.
C.
Standards for Ground Mounted Installations. Ground-mounted wireless telecommunications facilities shall be located in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.
D.
Standards for Accessory Wireless Equipment. All accessory wireless equipment associated with the operation of any wireless telecommunications facilities shall be screened in a manner that is designed and located to minimize their visibility to the greatest extent possible utilizing the following screening methods for the type of installation:
1.
Accessory wireless equipment for building mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for roof mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.
2.
Accessory wireless equipment for freestanding facilities, not mounted on a building, shall be visually screened by locating the equipment within a nearby building or in an underground vault. For above ground installations not within a building, screening shall consist of walls, landscaping, or walls combined with landscaping to effectively screen the facility at the time of installation. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.
E.
General Development Standards for All Facilities.
1.
The applicant shall employ screening and camouflage design techniques, considering technological requirements, in the placement of wireless telecommunications facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area and to hide the facility from predominant views from surrounding properties all in a manner that achieves compatibility with the community. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the building or structure in terms of color, size, proportion, style, and quality.
2.
Wireless telecommunications facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. In addition, the facility shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
3.
The applicant shall use the least visible antennas possible to accomplish the coverage objectives.
4.
Antennas and facilities shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
5.
Wireless telecommunications facilities shall be designed and located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening to minimize the visual impact and be compatible with existing architectural elements, building materials and other site characteristics.
6.
No signs, striping, graphics or advertising are permitted on a wireless telecommunications facilities except if warning and/or safety signage is required by State or Federal law or by the reviewing authority. In such case, the surface area shall be no more than three square feet per sign. Such signage shall be affixed to a fence or ancillary facility and the number of signs is limited to no more than two unless a greater number is approved by the reviewing authority.
7.
Unless otherwise approved by the reviewing authority, exterior lighting of the area where the facility is located is prohibited. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles. In all circumstances, exterior lighting shall be of a type and design to avoid glare and minimize illumination on adjacent properties and shall be at an intensity so to provide the minimum lighting required for proper operation and maintenance of the wireless telecommunications facility and the accessory wireless equipment.
8.
Wireless telecommunications facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review by the reviewing authority.
9.
Where appropriate and directly related to the applicant's placement, construction, or modification of wireless telecommunications facilities, the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening as required by the reviewing authority. Additional landscaping shall be planted as needed to minimize the visual impact of the facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The reviewing authority shall determine the appropriate minimum size of new trees and shrubs.
10.
Above ground and partially buried accessory wireless equipment, including support pads, cabinets, shelters, and buildings, shall be located where they will be the least visible from surrounding properties and the roadway and shall be designed to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend into the environment including landscaping, color, and other techniques to minimize their visual impact. If the reviewing authority determines that the accessory wireless equipment is not or cannot be adequately screened from surrounding properties or from public view or architecturally treated to blend in with the environment, the accessory wireless equipment shall be placed underground or inside the existing building where the antenna is located unless the reviewing authority finds that such placement is not feasible or consistent with the objectives of this article.
11.
At the time of modification or upgrade of wireless telecommunications facilities, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual and noise impacts as feasible.
12.
Proposed wireless telecommunications facilities shall not reduce the number of available parking spaces below the amount required pursuant to the Zoning Regulations.
F.
Standards for Facilities in the Public Right-of-Way.
1.
If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible. If the replacement pole exceeds the height of the existing pole, the antenna(s) shall be mounted to the sides of the pole and shall not extend above the top of the replacement pole.
2.
The antennas shall not extent over five feet beyond the top of the pole.
3.
Electrical and utility cables between the utility pole and electrical boxes shall be placed underground. The electrical equipment box shall be placed underground.
G.
Height Criteria. A wireless telecommunications facility shall not exceed 45 feet if located on the public right-of-way or within residential zones. In non-residential zones, the wireless telecommunications facility shall not exceed 60 feet. A wireless telecommunications facility may exceed the height limitation herein if the facility is placed or integrated within or on an existing building or structure that exceeds the height criteria if approved by the reviewing authority.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.310 Operation and maintenance standards.
All wireless telecommunications facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of this article and subject to enforcement provisions herein.
A.
Each owner or operator of a wireless telecommunications facility shall provide the Director with the name and 24 hour local or toll free contact phone number of both the permittee and the agent responsible for the maintenance of the wireless telecommunications facility. Contact information shall be kept current.
B.
Wireless telecommunications facilities, accessory wireless equipment, including lighting, fences, shields, cabinets, and poles and facility site, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be promptly repaired so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 24 hours from the time of notification by the City.
C.
The owner or operator of a wireless telecommunications facility shall be responsible for maintaining landscaping at all times in accordance with the approved landscape plan and for promptly replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan as it relates to landscaping for the location on where the facility is located. Amendments or modifications to the landscape plan must be submitted to the Director for approval.
D.
Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the reviewing authority. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this Code. Backup generators, if permitted, shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in this Code regarding noise limits.
E.
Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible.
F.
If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.
G.
Public access to a wireless telecommunications facility shall be restricted. Security measures shall include fencing, screening, and security signage, as deemed appropriate by the reviewing authority.
H.
At all times, the permittee shall ensure that its wireless telecommunications facility complies with the most current regulatory and operational standards including but not limited to radio frequency emissions standards adopted by the Federal Communications Commission ("FCC") and antenna height standards adopted by the Federal Aviation Administration. If the Director determines there is good cause to believe that a wireless telecommunications facility, as constructed, may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the Director may require post-installation testing, at permittee's expense, to determine whether to require further mitigation of radio frequency emissions or the Director may require the permittee to submit written certification that the facility is in compliance with such FCC standards.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.320 Abandonment.
A.
A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 30 or more consecutive days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City and shall within 30 days of the date of abandonment. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of any discontinuation of operations of 30 days or more.
B.
If the facility is not removed, the Director may cause the facility to be removed at the owner's expense. If there are two or more users of a single wireless telecommunications facility, then this provision shall not become effective until all users cease using the facility.
C.
Failure to inform the Director of cessation of operations of any existing facility shall constitute a violation of the site plan approval and be grounds for:
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.330 Transfer or change of ownership/operator.
Upon assignment or transfer of an already approved wireless telecommunications facility or any rights under that permit, the owner and/or current operator of the facility shall within 30 days of such assignment or transfer provide written notification to the Director of the date of the transfer and the identity of the transferee. The Director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a State-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Telecommunications Commission and the California Public Utilities Commission. If the Director determines that the proposed operation is not consistent with the existing permit, the Director shall notify the applicant who may revise the application or apply for modification of the permit pursuant to the requirements of this article.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.340 Dangerous condition or obstruction.
No person shall install, use or maintain any wireless telecommunications facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such telecommunications facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.
(Ord. 10-1632 § 2; Ord. 21-1722 § 2)
§ 17.04.400 Density bonus.
A.
Purpose. It is the purpose of this section to encourage the production of very low-, low-, and moderate-income housing units, senior citizens housing units, provisions of childcare facilities, student housing units, and donations of land in accordance with Government Code Sections 65915 through 65918, as may be amended from time to time ("State Density Bonus Law"). In enacting this section, it is also the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the housing element of the City's General Plan.
B. "Affordable rent" "Affordable sales price" "Base density" "Base project" "Base unit" "Commercial project" "Concession" "Density bonus" "Density bonus housing agreement" "Density bonus units" "Housing cost" "Housing development" "Incentive" "Low-income household" "Major transit stop" "Maximum residential density" "Moderate income household" "Senior citizen housing development" "Shared housing building" "Target unit" "Very low-income household"
Definitions. Whenever the following terms are used in this section, they shall have the meaning established:
as defined in Health and Safety Code Section 50053(b).
means a sales price at which very low-, low-, or moderate-income households can qualify for the purchase of target units, calculated in accordance with Health and Safety Code Section 50052.5 and the regulations adopted by the California Department of Housing and Community Development.
means the maximum allowable gross residential density permitted under this Title and the Land Use Element of the General Plan or any specific plan applicable to the proposed development, as of the date of application submittal by the applicant to the City. If the underlying zoning district is inconsistent with the base density allowed under the Land Use Element of the General Plan, the greater shall prevail.
means the proposed housing development before any extra density is added through the State Density Bonus Law in accordance with all local regulations, without including any bonus units, concessions, or waivers.
means only those units permitted by the underlying zoning regulations, excluding any units added through a density bonus awarded pursuant to this section or any other provisions of the Norwalk Municipal Code granting a greater density bonus.
means a development that includes commercial uses like retail, office, or industrial spaces, and may also apply to mixed-use developments.
shall have the same meaning as the term "incentive" defined herein.
means a density increase of up to those percentages specified in the State Density Bonus Law above the otherwise maximum residential density under the applicable zoning designation on the date the application is deemed complete.
means a legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this section and the State Density Bonus Law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability, and production schedule.
means those residential units granted pursuant to the provisions of this section that exceed the maximum residential density for the development site.
means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, home-owner association fees, and a reasonable allowance for utilities.
means a construction project consisting of five or more residential units or lots, including single-family and multifamily units or lots, mixed-use developments, subdivision or common interest development as defined in Civil Code Section 4100, approved by the City and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling as defined in Government Code Section 65863.4(h), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. "Housing development" does not mean to include an ADU or SB 9 unit to count towards the five or more residential units or lots requirement.
means a regulatory incentive or concession as defined in Government Code Section 65915(k) that may include, but not be limited to, the reduction of site development standards or a modification of zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.
means a household whose income does not exceed the low-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
means an existing rail or bus rapid transit station, a ferry terminal served by either bus or rail transit services, or the intersection of two or more major bus routes that provide service intervals of 15 minutes or less during peak commute periods, as defined in Public Resources Code Section 21064.3 and Government Code Section 65915(o)(3).
means the maximum number of residential units permitted by the City's General Plan Land Use Element, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the additional density bonus units permitted by this section. If a range of density is permitted by the Land Use Element, maximum residential density shall mean the maximum allowable density within the range of density.
means a household whose income does not exceed the moderate-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.
as defined in Civil Code Sections 51.3 and 51.12, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5.
means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25% of the floor area of the shared housing building. A shared housing building may include 100% shared housing units.
means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, or moderate-income households.
means a household whose income does not exceed the very low-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.
C.
Applicability. This section shall apply to all zoning districts where residential housing developments of five or more dwelling units are proposed and where the applicant proposes and agrees to provide qualifying affordable units in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zone. In such case, the City shall grant a density bonus, concessions and incentives, waivers and reductions as set forth in this section and the State Density Bonus Law.
D.
Eligibility.
1.
Except as set forth in subsection (D)(2), a housing development project shall be eligible for a density bonus, incentives and concessions, waivers, and reductions of development standards, and off-street parking ratios as set forth in this section.
a.
Eligibility Requirements. The City shall grant one density bonus, the amount of which shall be specified per State Density Bonus Law as set forth in subsection (F)(1), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives and concessions, as set forth in subsection (G)(1), waivers or reductions of development standards, as set forth in subsections (G)(2) and (G)(3), and off-start parking ratios, as described in subsection (G)(3), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this section, contain at least any one of the following:
i.
Very Low-income Units. 5% of the total units of the housing development, including shared housing building development, for rental or for-sale to very low-income households;
ii.
Low-income Units. 10% of the total units of the housing development, including shared housing building development, for rental or for-sale to low-income households;
iii.
Moderate-income Units (Applies Only to For-Sale Projects). For for-sale projects only, 10% of the total units of the housing development are allocated to be for-sale units for moderate-income households and are available to all members of the public;
iv.
Senior Citizen Housing Development. A senior citizen housing development, including a shared housing building development meeting these criteria;
v.
Special Development Types. 10% of the total units of a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Government Code Section 18541; or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). These units are all subject to a recorded affordability restriction of 55 years and an affordability level of very low-income units;
vi.
Student Housing. 20% of the total units in a student housing development are for low-income students and meet the requirements as set forth in Government Code Section 65915(b)(1)(F); or
vii.
100% Affordable Housing Developments or Shared Housing Development. 100% of all units in the development or shared housing development, including total units and density bonus units, but exclusive of a manager's unit or units, are for low-income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households.
b.
Land Donation. If an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City that satisfies the requirements of the State Density Bonus Law, then the applicant is entitled to a density bonus as set forth in the State Density Bonus Law.
c.
Housing Development with Childcare Facility. If an applicant agrees to construct a housing development that qualifies for a density bonus and includes a childcare facility in compliance with the requirements of State Density Bonus Law, then the applicant shall be entitled to either an additional density bonus or an additional incentive as set forth in the State Density Bonus Law. The childcare facility shall remain in operation for at least the same amount of time which the density bonus units are required to remain affordable per Government Code Section 65915(c).
d.
Condominium Conversions. If an applicant converts apartments to a condominium project as set forth in Government Code Section 65915.5, then the applicant shall be entitled to either a density bonus or additional incentives as set forth in the State Density Bonus Law.
2.
Replacement and/or Demolition Requirements. Notwithstanding subsection (D)(1), an applicant shall be ineligible for a density bonus or any other incentives or concessions if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are: (1) located if the dwelling units have been vacated or demolished in the five- year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income; (2) subject to any other form of rent or price control per State law; or (3) occupied by low- or very low-income households, unless the proposed housing development replaces those units, and either of the following applies:
a.
The proposed housing development, inclusive of the units replaced pursuant to this section, contains affordable units at the percentages set forth in subsection (D)(1)(a); or
b.
Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a low- or very low-income household.
3.
Definition of "Replace." For the purposes of this section, "replace" shall be defined pursuant to Government Code Section 65915(c)(3)(B).
E.
Procedures. The following procedures provide the process for obtaining approval of a density bonus, incentive and concession, waiver or reduction of a development standard, or revised off-street parking standard.
1.
Application Material Requirements. An application for a density bonus, incentive and concession, waiver or reduction of a development standard, or revised off-street parking standard pursuant to this section shall be submitted as part of the submittal of any formal request for approval of a housing development. The application shall include the following information:
a.
A brief description of the proposed housing development demonstrating that the project meets the thresholds for State Density Bonus Law.
b.
A vicinity map and site plan showing the total number of units, number and location of target units, and number and location of proposed density bonus units, and the driveways and off-street parking layout.
c.
The calculations showing the maximum base density, the percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus, and resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to State law.
d.
If the applicant is requesting an additional density bonus, documentation showing that the housing development is eligible for the additional density bonus in accordance with Government Code Section 65915(v)(1).
e.
The zoning and General Plan designations and assessor's parcel number(s) of the project site.
f.
A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period subject to any form of rent control through a public entity's valid exercise of its police power or subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to households of low- or very-low income.
g.
If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known. If the incomes of the persons and families that currently or formerly occupy the dwelling units is not known, it shall be presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very-low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.
h.
Requests for Incentives and Concessions. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to the Incentives and Concessions listed in Table 17.04.400-1 and in accordance with State Density Bonus Law.
Table 17.04.400-1 Request for Incentives and Concessions | |||
|---|---|---|---|
Incentives/Concessions | Percentage of Base Units, Very Low-Income | Percentage of Base Units, Low-Income | Percentage of Base Units, Moderate-Income |
1 | 5 - 9 | 10 - 16 | 10 - 19 |
2 | 10 - 14 | 17 - 23 | 20 - 29 |
3 | 15 - 99 | 24 - 79 | 30 - 44 |
5 | 100; or 80% very low income and 20% moderate income | 100; or 80% very low income and 20% moderate income | 45 or greater |
The applicant may be entitled to the additional incentives and concessions as provided in subsection (G)(1)(b) which shall be approved by-right through the Director's review. The application shall include the following minimum information for each incentive requested:
i.
A description of any requested incentives and concessions;
ii.
Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; and
iii.
If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
i.
Requests for Waivers or Reductions. If the applicant is requesting a waiver or reduction of any development standards, the applicant shall provide a brief explanation of the waiver or reduction requested and evidence that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the project with the density bonus incentives requested. The City shall not limit the number of waivers or reductions allowed in accordance with State Density Bonus Law. A waiver or reduction of development standards may include, but is not limited to, height, setbacks, FAR, open space, and/or off-street parking requirements.
j.
Request for Off-Street Parking Reduction. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request a reduction of the on-site vehicular off-street parking ratio requirements listed in Table 17.04.400-2, and as specified in Government Code Section 65915(p).
Table 17.04.400-2 Request for Off-Street Parking Reduction | |
|---|---|
Qualifications | Maximum Off-Street Parking Ratio |
All housing developments eligible for a density bonus | 1 space for each 0-1-bedroom unit 1.5 spaces for each 2-3-bedroom unit 2.5 spaces for each 4+ bedroom unit |
Projects located within one-half mile of a major transit stop (unobstructed access) and meeting any of the following minimum criteria: • At least 11% of base units set aside for very low-income households; or • At least 20% of base units set aside for lower-income households. | 0.5 spaces per unit |
Projects located within one-half mile of a major transit stop (unobstructed access) and at least 40% of base units set aside for moderate-income households. | 0.5 spaces per bedroom |
Projects where 100% of the units are set aside affordable (up to 20% moderate-income, others low-income) and meeting any of the following criteria: • Located with one-half mile of a major transit stop (unobstructed access); • Senior citizen housing development that has either paratransit service or unobstructed access, within one-half mile of a fixed bus route that operates at least eight times per day; • Supportive housing development for people with disabilities; or • Special needs housing development that has either paratransit service or unobstructed access, within one- half mile of a fixed bus route that operates at least eight times per day. | No off-street parking required |
An applicant may request these off-street parking reductions in addition to the incentives and waivers permitted by Government Code Sections 65915(p)(2) and 65915(p)(3). The application shall include a table showing off-street parking ratios required by the Norwalk Municipal Code, off-street parking proposed under State Density Bonus Law, Government Code Section 65915(p) (or other statute) under which the project qualifies for the off-street parking reduction, and reasonable documentation that the project is eligible for the requested off-street parking reduction.
k.
Request for a Childcare Facility. If a density bonus or concession is requested for a childcare facility, the application shall include all of the following:
i.
Provide documentation demonstrating that the operator of the childcare facility is in compliance with all licensing and operating requirements of State law;
ii.
The location and square footage of the childcare facilities; and
iii.
As required in Government Code Section 65915(h), documentation that: (1) the childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable, and (2) of the children who attend the childcare facility, the children of very-low-income households, low-income households, or families of moderate-income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very-low-income households, low-income households, or families of moderate-income.
l.
Request for Condominium Conversion. If a density bonus or concession is requested for a condominium conversion, the application must adhere to the requirements in Government Code Section 65915.5.
m.
Request for Density Bonus for Commercial Development.
i.
When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the Director, the Director shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development may be granted incentives and concessions which may include, but are limited to, the Incentives in Table 17.04.400-3 pursuant to Government Code Section 65915.7(b).
Table 17.04.400-3 Request for Density Bonus for Commercial Development | |
|---|---|
Qualification | Incentive and Concession Option |
Eligible for a commercial development bonus | Maximum 20% increase of allowable intensity in the General Plan |
Maximum 20% increase of allowable FAR | |
Maximum 20% increase of height | |
Maximum 20% reduction of FAR | |
Other exception to development standard | |
The commercial development bonus shall not include a reduction or waiver in fees imposed on the commercial development to provide affordable housing.
ii.
The partnered housing agreement shall include all of the following provisions: (1) The housing development shall be located either: (i) on the site of the commercial development; or (ii) on a site within the City that is within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155, and is in close proximity to public amenities, including schools and employment centers; (2) at least 30% of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to low-income households, or at least 15% of the total units in the housing development shall be made available at an affordable ownership cost or affordable rent to very low-income households; and (3) the commercial development must agree either to directly build the affordable housing units, donate a site consistent with the requirements of Government Code Section 65915(g) for the development of the affordable housing units, or make a cash payment to the housing developer for the development of the affordable housing units.
iii.
An approved partnered housing agreement shall be described in the City's Housing Element annual report as required by Government Code Section 65915.7(k).
n.
Request for Land Donations. If a density bonus or concession is requested for a land donation, the application shall include all of the following:
i.
The location of the land to be dedicated;
ii.
Proof of site control; and
iii.
Documentation that each of the requirements in Government Code Section 65915(g) can be made.
o.
Fees. The applicant shall submit a fee in an amount set by resolution of the City Council for the processing of the density bonus application and the density bonus housing agreement, which includes a reimbursement for time expended by City to staff to review said application.
2.
Application Review Process and Criteria. An application for a density bonus, incentive and concession, waiver, or reduction pursuant to this section shall be processed as part of the application for the underlying housing development.
a.
Discretionary Approval Authority Retained of the Base Project. The granting of a density bonus or incentive shall not be interpreted in or of itself to require a general plan amendment, zoning change, or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change, or other discretionary approval, the City retains its discretion regarding the approval of the base project.
b.
Concurrent Processing of Application. The application for a density bonus and a housing development shall be processed concurrently with all other applications in accordance with an applicable State law, including, but not limited to, the Permit Streamlining Act, required for the housing development. The City shall provide to an applicant a letter that identifies project issues of concern and the procedures for compliance with this section at the time the City notifies an applicant on the decision and status of the application for the base project.
c.
Incentives and Concessions. For housing developments requesting an incentive or concession not included within the menu of by-right incentives or concessions listed in subsection (G)(1), the Director shall grant the concession or incentive requested by the applicant unless the Director makes any of the following written findings, based upon substantial evidence, pursuant to Government Code Section 65915(d)(1):
i.
The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs specified in Health and Safety Code Section 50052.5, including: (1) for extremely low-income households, the product of 30% times 30% of the area median income adjusted for family size appropriate for the unit; (2) for very low-income households, the product of 30% times 50% of the area median income adjusted for family size appropriate for the unit; (3) for lower-income households whose gross incomes exceed the maximum income for very low-income households and do not exceed 70% of the area median income adjusted for family size, the product of 30% times 70% of the area median income adjusted for family size appropriate for the unit. In addition, for any lower-income household with a gross income that equals or exceeds 70% of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30% of the gross income of the household; and (4) for moderate-income households, affordable housing cost shall not be less than 28% of the gross income of the household, nor exceed the product of 35% times 110% of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household with a gross income that exceeds 110% of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35% of the gross income of the household;
ii.
The concession or incentive does not result in identifiable and actual cost reductions to provide for rents for the targeted units as specified in Government Code Section 65915(c), including: (1) the rent for at least 20% of the units in the development shall be set at an affordable rent as defined in Health and Safety Code Section 50052.5 and subsection (E)(2)(c)(i), and (2) the rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower-income households, as determined by the California Tax Credit Allocation Committee;
iii.
The concession or incentive would have a specific, adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid this specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. As defined in Government Code Section 65589.5(d)(2), this includes a significant, quantifiable, direct, and unavoidable impact based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, where the following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning ordinance or general plan land use designation, and (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g); or
iv.
The concession or incentive would be contrary to state or federal law.
d.
Waivers or Reductions. For housing developments requesting a waiver or reduction pursuant to subsection (G)(2), the Director shall grant the waiver or reduction if the development will have the effect of physically precluding the construction of a housing development permitted in subsection F, or with the concessions or incentives permitted in subsection G. Notwithstanding, the Director shall not be required to grant a waiver or reduction as required by Government Code Section 65915(e)(1), which states that in no case may a city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection (D)(1)(a) at the densities or with the concessions or incentives permitted by this subsection. Additionally, subject to Government Code Section 65915(e)(3), a housing development that receives a waiver from any maximum controls on density pursuant to Government Code Section (f)(3)(D)(ii) shall only be eligible for a waiver or reduction of development standards as provided in Government Code Section (d)(2)(D), unless the city, county, or city and county agrees to additional waivers or reductions of development standards. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will physically preclude the construction of a development meeting the criteria of subdivision (D)(1)(a) at the densities or with the concessions or incentives permitted under this section and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. This subsection shall not be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), which refers to a significant, quantifiable, direct, and unavoidable impact based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon public health or safety: (1) inconsistency with the zoning ordinance or general plan land use designation, and (2) eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g). This subsection shall not be interpreted to require the city to waive or reduce development standards that would adversely impact any real property listed in the California Register of Historical Resources or grant any waiver or reduction that would be contrary to state or federal laws.
F.
Density Bonus.
1.
Eligible Applicants. An eligible applicant that meets all of the requirements in subsection E and the requirements of State Density Bonus Law not specified herein may seek a density bonus in the amounts set forth in this section and in accordance with the procedures set forth in subsection E. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this section and Government Code Section 65915(b).
2.
Determining Density Bonus Percentage. The number of density bonus units granted shall be in accordance with State Density Bonus Law as provided in Table 17.04.400-4.
Table 17.04.400-4 Determining Density Bonus Percentage | |||||||
|---|---|---|---|---|---|---|---|
Base Project Set Aside1 | Very Low Income | Low Income | Moderate Income2 | Land Donation | Senior Housing3 | Foster Youth, Disabled Vets, Homeless4 | Student Housing5 |
5% | 20% | — | — | — | 20% | — | — |
6% | 22.5% | — | — | — | 20% | — | — |
7% | 25% | — | — | — | 20% | — | — |
8% | 27.5% | — | — | — | 20% | — | — |
9% | 30% | — | — | — | 20% | — | — |
10% | 32.5% | 20% | 5% | 15% | 20% | 20% | — |
11% | 35% | 21.5% | 6% | 16% | 20% | 20% | — |
12% | 38.75% | 23% | 7% | 17% | 20% | 20% | — |
13% | 42.5% | 24.5% | 8% | 18% | 20% | 20% | — |
14% | 46.25% | 26% | 9% | 19% | 20% | 20% | — |
15% | 50% | 27.5% | 10% | 20% | 20% | 20% | — |
16% | 50% | 29% | 11% | 21% | 20% | 20% | — |
17% | 50% | 30.5% | 12% | 22% | 20% | 20% | — |
18% | 50% | 32% | 13% | 23% | 20% | 20% | — |
19% | 50% | 33.5% | 14% | 24% | 20% | 20% | — |
20% | 50% | 35% | 15% | 25% | 20% | 20% | 35% |
21% | 50% | 38.75% | 16% | 26% | 20% | 20% | 35% |
22% | 50% | 42.5% | 17% | 27% | 20% | 20% | 35% |
23% | 50% | 46.25% | 18% | 28% | 20% | 20% | 35% |
24% | 50% | 50% | 19% | 29% | 20% | 20% | 35% |
25% | 50% | 50% | 20% | 30% | 20% | 20% | 35% |
26% | 50% | 50% | 21% | 31% | 20% | 20% | 35% |
27% | 50% | 50% | 22% | 32% | 20% | 20% | 35% |
28% | 50% | 50% | 23% | 33% | 20% | 20% | 35% |
29% | 50% | 50% | 24% | 34% | 20% | 20% | 35% |
30% | 50% | 50% | 25% | 35% | 20% | 20% | 35% |
31% | 50% | 50% | 26% | 35% | 20% | 20% | 35% |
32% | 50% | 50% | 27% | 35% | 20% | 20% | 35% |
33% | 50% | 50% | 28% | 35% | 20% | 20% | 35% |
34% | 50% | 50% | 29% | 35% | 20% | 20% | 35% |
35% | 50% | 50% | 30% | 35% | 20% | 20% | 35% |
36% | 50% | 50% | 31% | 35% | 20% | 20% | 35% |
37% | 50% | 50% | 32% | 35% | 20% | 20% | 35% |
38% | 50% | 50% | 33% | 35% | 20% | 20% | 35% |
39% | 50% | 50% | 34% | 35% | 20% | 20% | 35% |
40% | 50% | 50% | 35% | 35% | 20% | 20% | 35% |
41% | 50% | 50% | 38.75% | 35% | 20% | 20% | 35% |
42% | 50% | 50% | 42.5% | 35% | 20% | 20% | 35% |
43% | 50% | 50% | 46.25% | 35% | 20% | 20% | 35% |
44% | 50% | 50% | 50% | 35% | 20% | 20% | 35% |
100%6 | 80% | 80% | 80% | 35% | 20% | 20% | 35% |
Table 17.04.400-4 Determining Density Bonus Percentage | |||||||
|---|---|---|---|---|---|---|---|
Base Project Set Aside1 | Very Low Income | Low Income | Moderate Income2 | Land Donation | Senior Housing3 | Foster Youth, Disabled Vets, Homeless4 | Student Housing5 |
5% | 20% | — | — | — | 20% | — | — |
6% | 22.5% | — | — | — | 20% | — | — |
7% | 25% | — | — | — | 20% | — | — |
8% | 27.5% | — | — | — | 20% | — | — |
9% | 30% | — | — | — | 20% | — | — |
10% | 32.5% | 20% | 5% | 15% | 20% | 20% | — |
11% | 35% | 21.5% | 6% | 16% | 20% | 20% | — |
12% | 38.75% | 23% | 7% | 17% | 20% | 20% | — |
13% | 42.5% | 24.5% | 8% | 18% | 20% | 20% | — |
14% | 46.25% | 26% | 9% | 19% | 20% | 20% | — |
15% | 50% | 27.5% | 10% | 20% | 20% | 20% | — |
16% | 50% | 29% | 11% | 21% | 20% | 20% | — |
17% | 50% | 30.5% | 12% | 22% | 20% | 20% | — |
18% | 50% | 32% | 13% | 23% | 20% | 20% | — |
19% | 50% | 33.5% | 14% | 24% | 20% | 20% | — |
20% | 50% | 35% | 15% | 25% | 20% | 20% | 35% |
21% | 50% | 38.75% | 16% | 26% | 20% | 20% | 35% |
22% | 50% | 42.5% | 17% | 27% | 20% | 20% | 35% |
23% | 50% | 46.25% | 18% | 28% | 20% | 20% | 35% |
24% | 50% | 50% | 19% | 29% | 20% | 20% | 35% |
25% | 50% | 50% | 20% | 30% | 20% | 20% | 35% |
26% | 50% | 50% | 21% | 31% | 20% | 20% | 35% |
27% | 50% | 50% | 22% | 32% | 20% | 20% | 35% |
28% | 50% | 50% | 23% | 33% | 20% | 20% | 35% |
29% | 50% | 50% | 24% | 34% | 20% | 20% | 35% |
30% | 50% | 50% | 25% | 35% | 20% | 20% | 35% |
31% | 50% | 50% | 26% | 35% | 20% | 20% | 35% |
32% | 50% | 50% | 27% | 35% | 20% | 20% | 35% |
33% | 50% | 50% | 28% | 35% | 20% | 20% | 35% |
34% | 50% | 50% | 29% | 35% | 20% | 20% | 35% |
35% | 50% | 50% | 30% | 35% | 20% | 20% | 35% |
36% | 50% | 50% | 31% | 35% | 20% | 20% | 35% |
37% | 50% | 50% | 32% | 35% | 20% | 20% | 35% |
38% | 50% | 50% | 33% | 35% | 20% | 20% | 35% |
39% | 50% | 50% | 34% | 35% | 20% | 20% | 35% |
40% | 50% | 50% | 35% | 35% | 20% | 20% | 35% |
41% | 50% | 50% | 38.75% | 35% | 20% | 20% | 35% |
42% | 50% | 50% | 42.5% | 35% | 20% | 20% | 35% |
43% | 50% | 50% | 46.25% | 35% | 20% | 20% | 35% |
44% | 50% | 50% | 50% | 35% | 20% | 20% | 35% |
100%6 | 80% | 80% | 80% | 35% | 20% | 20% | 35% |
3.
Calculating Density Bonus. To calculate the maximum allowable density for the housing development, any fractional unit that results from the density calculation shall be rounded up to the next whole number when the fraction is 0.5 or greater, and rounded down when the fraction is less than 0.5. In accordance with Government Code Section 65915, any fractional units resulting from applying a density bonus shall be rounded up to the next whole number to ensure the project will achieve the maximum number of units. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.
4.
Calculating Base Density. The calculations for determining base density shall be calculated as provided for in the State Density Bonus Law.
G.
Incentives and Concessions, Waivers and Reductions, and Reduced Off-Street Parking Ratios.
1.
Incentives and Concessions.
a.
Per State Density Bonus Law. An applicant for a density bonus pursuant to subsection D as set forth in Government Code Section 65915(b) shall receive the incentives and concessions as set forth in Government Code Section 65915(d)(2) in accordance with the procedures as set forth in subsection E.
b.
Available for Director's Review and Approval. The Director may approve the following incentives and concessions without following the procedures set forth in subsection E in accordance with Government Code Section 65915(d)(1):
i.
A 10% or greater reduction in the front yard setback;
ii.
A 10% or greater reduction in the side yard setback of one side;
iii.
A 10% or greater reduction in the rear yard setback;
iv.
A 10% or greater reduction in the total shared open space required;
v.
A 10% or greater reduction in private open space for up to 50% of the units; or
vi.
An additional story, not to exceed 10 feet of the total project height, or other regulatory concessions that result in identifiable and actual cost reductions to provide for affordable housing costs, or for rents for the affordable units as specified in Government Code Section 65915.
c.
Financial Incentives. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements as set forth in Government Code Section 65915(1).
2.
Waivers and Reductions.
a.
An applicant for a density bonus pursuant to subsection E as set forth in Government Code Section 65915(e) may request a waiver or reduction of development standards that will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted in this section. The applicant shall demonstrate that the requested waiver or reduction will have the effect of physically precluding the construction of a development meeting the criteria of this section.
b.
The proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce or increase the number of incentives or concessions to which the applicant is entitled in subsection (G)(1) as set forth in Government Code Section 65915(d).
c.
A housing development that receives a waiver from any maximum controls on density pursuant to Government Code Section 65915(f)(3)(d)(ii) shall only be eligible for a waiver or reduction of development standards as provided in Government Code Sections (d)(2)(D) and 65915(f)(3)(d)(ii) unless the City agrees to additional waivers or reductions of development standards.
3.
Reduced Off-Street Parking Ratios. An eligible project shall be entitled to the off-street parking ratio incentives as provided subsection E in accordance with Government Code Section 65915(p).
H.
Density Bonus Housing Agreement.
1.
The entry into and execution of the density bonus housing agreement shall be a condition of the applicant and consistent with Government Code Section 65915(c), which sets forth a binding affordable housing agreement, the conditions and guidelines provided below to be met in the implementation of State Density Bonus Law, and ensures compliance with all provisions of this section. The density bonus housing agreement shall establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this section or the affordable housing agreement. The density bonus housing agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.
2.
The terms of a draft density bonus housing agreement shall be reviewed, revised as appropriate, and approved by the Director and the City Attorney.
3.
Following execution of the density bonus housing agreement by the applicant and the City, the completed density bonus housing agreement, or memorandum thereof, shall be recorded. The conditions contained in the density bonus housing agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of the discretionary approval for the underlying housing development, final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.
4.
Senior Housing Developments Only.
a.
The applicant shall enter into a restrictive covenant with the City in a form approved by the Director and the City Attorney, to be executed by the City Manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws and as set forth in Government Code Sections (c)(1)(A) and (c)(2).
b.
The executed density bonus housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The agreement shall be binding on all future owners and successors in interest.
5.
Required Information for All Density Bonus Housing Agreements. The density bonus housing agreement shall include the following information:
a.
A description of the property;
b.
The total number of units proposed within the housing development, including the number of target units;
c.
A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
d.
The length of affordability of the property;
e.
The location, unit sizes (square feet), and number of bedrooms of target units;
f.
The affordable unit design and appearance;
g.
Tenure of use restrictions for target units of at least 30 years;
h.
A schedule for completion and occupancy of target units;
i.
A description of any additional incentive being provided by the City;
j.
A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement); and
k.
Other provisions to ensure implementation and compliance with this section.
6.
For for-sale housing developments, the affordable housing agreement shall require that the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or off-street parking reduction are persons and families of low- or moderate-income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney. The density bonus housing agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
a.
Target units shall, upon initial sale, be sold to and occupied by eligible very low-, low-, or, in the case of a condominium, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).
b.
The initial purchaser of each target unit shall execute a lien, an instrument, or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this section during the applicable use restriction period. Such lien, instrument, or agreement shall be recorded against the parcel containing the target unit and shall contain the following provisions as the City may require to ensure continued compliance with this section and the State Density Bonus Law:
i.
Provisions for recording restrictions against individual units as the affordable units are sold in the future;
ii.
Procedures for selecting initial buyers, verifying incomes, determining affordable housing cost, and ensuring that buyers sign, and are aware of, required restrictions; and
iii.
Mechanism for terminating the master developer agreement once homebuyer restrictions are recorded.
7.
For rental housing developments, the affordable housing agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or off-street parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The rental housing agreement may be drafted as a long-term agreement that will apply to successive owners of the development. Rents for the low-income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law. The density bonus housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:
a.
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and the proper management and maintenance of target units for qualified tenants;
b.
Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section; and
c.
Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
I.
Development and Design Standards.
1.
Affordable units shall be constructed concurrently with market rate units and shall be integrated into the project. Any required building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or reduction so that the affordable units comprise the required percentage of total units.
2.
Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the Building Official.
3.
To comply with fair housing laws, the number of bedrooms in the affordable units shall be proportional with the mix of market rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and areas, off-street parking, and amenities of the project as the occupants of the market rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.
4.
Off-Street Parking standards shall be modified as allowable under Government Code Section 65915(p) and anything beyond those standards shall be considered a request for an incentive.
J.
Interpretation. If any portion of this section conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this section include successor provisions.
(Ord. 24-1755, 12/3/2024)