Walnut City Zoning Code
CHAPTER 6
08 ZONING PROVISIONS IN GENERAL
§ 6.08.010 Purpose of title.
The purpose of this title is to encourage, classify, designate, regulate, restrict and segregate the highest and best location and use of buildings, structures and land for agriculture, residence, commerce, trade, industry or other purposes in appropriate places; to regulate and limit the height, number of stories and size of buildings and other structures hereafter designed, erected or altered; to regulate and determine the size of yards and other open spaces; and to regulate and limit the density of population, and for such purposes to divide the City into zones of such number, shape and area as may be deemed suited to carry out these regulations and provide for their enforcement. Such regulations are necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities such as transportation, water, sewerage, schools, parks and other public requirements; and to promote the public health, safety and general welfare of the City.
§ 6.08.020 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Contiguous to; for example, two adjoining lots with a common property line are considered to be abutting.
The place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use, as required by this title.
A building, part of building or structure which is incidental to that of the main building, structure or use on the same lot. It shall not mean separate living quarters or guest house. In Zones R-1 and R-2 no two-story accessory building shall occupy any part of required side or rear yard. In a reversed corner lot no building shall be erected closer than five feet to the rear lot line.
The same as "guest house."
A use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building.
Near, close or contiguous to; for example, an industrial zone across a street or highway from a residential zone shall be considered as "adjacent."
A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing or other advertisement of any kind whatsoever may be placed, including statuary, for the purpose of advertising the business or activity on the premises, but shall not include official notices issued by any court or public body or officer, notices posted by any public officer in performance of a public duty or by any person in giving legal notice; directional, warning or information structures required by or authorized by law or by federal, state or county authority.
The Planning Commission which is herein designated as the advisory agency to the City Council on all matters related to the zoning and use of land and structures.
Any area which is used or is intended to be used for the taking-off and landing of aircraft, including helicopters, and appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property.
The same as "structural alterations."
An addition, deletion or change in the wording, context or substance of this title.
Any place or premises on which are maintained four or more coin-operated amusement devices.
A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be only incidental to such hospital use.
A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.
A building or portion thereof used or containing a combination of three or more dwelling units and six or more guest rooms or suites of rooms.
A building or portion thereof designed or used for three or more dwelling units, or a combination of three or more dwelling units and not more than five guest rooms or suites of rooms.
Any place or premises which has within its confines four or more amusement devices, at which games and activities requiring the skill or change of a person may be played. This includes, but is not limited to, devices (electronic or not) operated by coins or rented for periods of time (e.g. video games, pinball, etc.), or computers with internet access.
The County Assessor of the County of Los Angeles.
An open area for the display, sale or rental of new or used automobiles, and trailer coaches, but where no repair, repainting or remodeling is done.
A business which services motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing and grease racks (not including mechanical car wash, body and fender works, engine overhauling or other similar activities).
A sign made of flexible material, usually cloth, paper or plastic, temporary in nature.
A space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling below the average adjoining grade; if the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. A basement shall not be occupied for sleeping purposes.
Any sign or advertising structure used as an outdoor display for advertising which does not pertain to the business or activity on the premises where the billboard is located, but shall not include official notices, etc., listed as excluded under "advertising structure."
Any place of business employing one or more billiard tables not as an accessory to a main use, or three or more billiard tables as an accessory to a main use. The operation of two or fewer billiard tables as an accessory use to a main use shall be permitted without a conditional use permit as herein provided.
All property fronting on one side of a street between intersecting and intercepting streets, or between a street and right-of-way, waterway, end of cul-de-sac or City boundary. An intercepting street shall determine only the boundary of the block frontage on the side of the street that it intercepts. Where the City boundary intersects or intercepts a street in a block as described herein, the block shall be considered to end at the City boundary.
A residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. A boarding or rooming house does not include a licensed community care facility or licensed residential care facility for the elderly.
A roofed passageway, open on at least one side, where the roof is in keeping with the design and construction of the main building. The breezeway shall be considered an inner court created by a roof structure connecting two buildings. A breezeway shall be not less than eight feet in width.
Any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The word "building" as used in this title shall include the word "structure."
The vertical distance measured from the adjoining curb level to the highest point of the building, exclusive of chimneys and ventilators and other exceptions to building height permitted in the zones; provided, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
A building within which is conducted the principal use permitted on the lot, as provided by this title.
The ground area of a building together with all the open space required by this title.
The same as "commerce."
A small accessory building related to a mobilehome or swimming pool. The structure shall not be used for sleeping purposes.
A sign that has one or more plastic, acrylic, or similar faces (panels) made of translucent and/or opaque material contained within a single enclosed cabinet, box or can. A cabinet sign and/or can sign may or may not be internally illuminated. Cabinet signs and/or can signs include changeable panel and copy signs.
A permanent roofed structure with not less than two enclosed sides, used for automobile shelter and automobile storage only.
The same as "street center line."
A permanently located building commonly used for religious worship, fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
A place for group medical services not involving overnight housing of patients.
An association of persons (whether or not incorporated), religious or otherwise, for social purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.
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.
The purchase, sale or other transaction involving the handling or disposition (other than that included in the term "industry" as defined herein) of any article, substance or commodity for livelihood or profit, including in addition, operation of automobile or trailer parks, tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junk yards.
The Planning Commission of the City.
A parcel of land or an area of water, or a combination of land and water within the site designated for residential planned development, and designed and intended for the use or enjoyment of residents of the residential planned development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the residential planned development.
The same as "abut."
A sign intended to direct attention of the nature of construction on the premises, and the names of those individuals or firms directly connected with the construction project. Such sign may include the name of the City in which their business is located and emergency telephone numbers.
The same as "rest home."
The provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys or private driveways, as provided in the zones.
The County Recorder of Los Angeles County.
An open, unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building.
A group of dwellings arranged about two or more sides of a court which opens into a dedicated street or public way, or on a place approved by the Commission.
A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable with one side or end open to a street, driveway, alley or yard.
Any family residence, noninstitutional in character, providing nonresident care for not more than six children.
Any facility, institutional in character, providing nonresident day care and supervision for more than six children. "Day nursery, children" includes all types of group day care programs including, but not limited to, day nurseries, nursery schools for children under the minimum age for admission to public schools, parent-cooperative nursery schools and programs giving after school care to school age children.
A sign erected for the purpose of informing the viewer of the approximate route, direction or location of a given goal, not including advertising.
The same as "zone."
A guest room designed, intended or occupied as sleeping quarters by more than two persons. Every 100 square feet of total enclosed floor area in a dormitory shall be considered as a separate guest room for the purpose of calculation of off-street parking requirements.
A sign with two faces only, with each face oriented 90 to 180 degrees from the other, to include "V" shaped signs.
An accessway to a required off-street parking facility. A driveway shall be paved to a minimum width of 10 feet and shall be open and unencumbered to a height of not less than eight feet. It shall be safe and usable. Access to any lot having a front, side or rear setback in excess of 100 feet may be classified as a private road. It shall be safe and usable.
A place used for the disposal, abandonment, discarding, dumping, reduction, burial, incineration, or by any other means, of any garbage, trash, refuse or waste material.
The same as "dwelling, two-family."
A detached building designed and used for occupancy for two or more families, all living independently of each other and having separate kitchen facilities for each family.
A detached building designed or used exclusively for the occupancy of one family and having a kitchen facility for only one family.
A building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen facilities for each family.
One or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one family for living or sleeping purposes and having only one kitchen.
A space on a lot or parcel of land, and so indicated on a subdivision map or in a deed restriction, reserved for or used for public utilities or public uses.
Public, parochial and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities and nonprofit research institutions. Such institutions must either: (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education; or (2) confer degrees as a college or university of undergraduate or graduate standing; or (3) conduct research. This definition does not include schools, academies or institutes, incorporated or otherwise which operate for a profit, nor does it include commercial or trade schools.
Immediate and short-term housing with supportive services for homeless persons that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay.
Any group of individuals living together as the functional equivalent of a family. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.
The government of the United States.
Any structure forming a physical barrier which is so constructed that not less than 50% of the vertical surface is open to permit the transmission of light, air and vision through the surface in a horizontal plane, but which is impenetrable to persons and animals. This shall include wire mesh, steel mesh, chain link, louver, stake and other similar materials.
As described and used in Business and Professions Code of California and Chapter 6.04 of this title.
A sign which contains or is illuminated by lights or devices which are intermittently on and off, change in intensity or which creates the illusion of flashing in any manner.
The sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures of enclosed porches. Whenever the term "floor area" is used in this title as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated the floor area applies not only to the ground floor area but also to any additional stories and basement of the structure.
A self-supporting sign standing on the ground and in no way attached to any building or building extension.
A freeway as indicated on the general plan or as designated by the State Division of Highways.
The wall of the building or structure nearest the street which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments.
The line where a lot abuts on a dedicated street or highway right-of-way line. Frontage is expressed in lineal feet and is measured along the right-of-way line. Where a future street or highway right-of-way line has been established on the general plan or other official plan, frontage shall be measured along that line.
A detached accessory building or a portion of a main building on the same lot as a dwelling used for the housing of vehicles of the occupants of the dwelling, excluding carports.
Any premises, used exclusively for the storage of vehicles.
A business where automobiles are repaired including body and fender works, engine overhauling and other similar activities.
The same as "automobile service station."
The general or master plan for the City.
A building or structure constructed chiefly of glass, glass-like or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants, and shall be classified as a building in determining lot coverage.
Sum total of acreage included within the proposed development.
Any transient person who occupies a room for sleeping purposes.
The same as "rest home."
Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
A room which is designed to be occupied by one, but not more than two guests for sleeping purposes, but not including dormitories.
A plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.
A major or secondary highway as delineated on the general plan.
The future right-of-way line for a primary or secondary highway or traffic collector street as located and dimensioned in the master plan of streets and highways or in this title. A yard abutting such a highway or street to be measured from this future right-of-way line.
Any family residence noninstitutional in character, providing 24-hour care for not more than six children.
Any family residence noninstitutional in character, providing 24 hour care for not more than six persons 65 years of age or older.
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part.
Any building or portion thereof used for the accommodation and medical care of sick, injured or infirmed persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.
The same as "animal hospital."
Any building or portion thereof designed or used or containing six or more guest rooms or suites of rooms or a combination of six or more guest rooms or suites of rooms and not more than two dwelling units, but not including any institutions in which human beings are housed or detained under legal restraint.
A sign upon which a source of light is used in order to make readable the message. This definition shall include internally and externally lighted signs and reflectorized, glowing or radiating signs.
The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
Any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.
Any lot, or the use of any portion of a lot, for the dismantling or wrecking of automobiles or other motor vehicles or machinery, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials.
Any lot or premises on which four or more dogs or other animals, at least four months of age, are kept, boarded or trained.
Any room intended or designed to be used or maintained for the cooking or preparation of food.
The legal or beneficial owner or owners of all of the land proposed to be included in a residential planned development. The holder of an option or contract to purchase, or lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purpose of this title.
The land use zoning map of the City.
The original planting of suitable vegetation in conformity with the requirements of this title and the continued maintenance thereof.
An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley or other appropriate means of ingress and egress.
The same as "boardinghouse."
A site consisting of one or more structures whose primary purpose is to receive goods, sort them, and then facilitate their transport to another off-site location. Logistics facilities are characterized by a series of roll-up type bay doors and/or loading docks that are internally accessed from adjacent storage areas that may or may not be partitioned from one another.
A lot, when referred to in this title, shall mean:
A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder.
A parcel of real property delineated on an approved record of survey, lot split or subparceling map as filed in the office of the City Clerk and abutting at least one public street.
A parcel of real property containing not less area than required by the use zone in which it is located, abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of this title.
A lot located at the intersection of two or more streets at an angle of not more than 120 degrees. If the angle is greater than 120 degrees it shall be considered an interior lot.
A lot fronting on, or with more than one-half its width fronting on, the turnaround end of a cul-de-sac street.
A lot other than a corner lot.
A lot where the side lot line abuts the rear lot line of one or more other lots, and not separated by an alley.
A corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
A lot whose area width, or depth is less than that required in the zone in which it is located.
A lot having frontage on two parallel or approximately parallel dedicated streets, not including a corner or reversed corner lot.
The total area, measured in a horizontal plane, within the lot lines of a lot, which has a slope of less than one foot vertical to four feet horizontal.
The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. The depth of a cul-de-sac lot shall be measured at its narrowest point.
Any line bounding a lot as herein defined.
On an interior lot, the front lot line is the property line abutting a street. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot or a lot with three or more sides abutting a street, the Commission shall determine which property line shall be the front lot line.
A lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than 10 feet. A lot which is bounded on all sides by streets may have no rear lot line.
Any lot line not a front lot line or rear lot line. On a lot with three or more sides abutting a street, all lot lines abutting a street, other than the front lot line, may be side lot lines.
A parcel of land as shown on the records of the County Assessor at the time of the adoption of the ordinance codified in this title.
A lot where the side lines are approximately radial to the curve of the street upon which it fronts. The width of the lot measured at building setback line shall not be less than the required minimum lot width of the use zone in which it is located.
The horizontal distance between the side lot lines, measured at the required building setback line.
A permanent, roofed structure attached to and supported by the building and projecting over public property.
A plan of development used in conjunction with a Residential Planned Development showing main roads, continuation of existing main roads, density factors, contours, school locations and parks set aside, not necessarily to exact or precise layout or detail.
The same as "trailer, residential."
Any sign that is freestanding with a solid base.
A building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with off-street parking space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, auto courts, motor courts, motor hotels and similar designation.
A sign or device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting or wind-actuated devices, but not including flags, pennants and banners.
A sign naming the occupant of the premises, his or her business and address.
Total gross acreage included within the RPD Master Plan Area, excluding and including the following land areas:
Including:
Land area included in the 20% open space required by Section 6.24.030(F).
Common open space areas.
Land dedicated free of charge to a public agency for public purposes.
Not to exceed 50% of the land used for a public commercial golf course, provided that:
Total acreage of the golf course property is at least 200 acres.
Use of the golf course and facilities is open to the public without restriction.
The golf course is developed as a course of not less than 18 holes, being predominantly par four holes with one to two par three holes and/or par five holes per nine holes and having an overall total par ranging between 70 to 72 with a minimum total length of 6,500 yards.
All development rights of the land area to be used for the golf course and appurtenant facilities is dedicated to the City except for development rights for use of the property as a golf course and appurtenant facilities or for use as open space. Such dedication shall be made to the City without charge at the time of recordation of the first final subdivision map for subdivision of the property.
Should the golf course not be completed and operations commenced within five years from the date of recordation of the first final subdivision map for subdivision of the property, fee title of the land as permanent open space shall automatically vest at no cost to the City. This time period shall exclude periods of cessation caused by force majeure reasonably beyond the control of the land owner, including, but not limited to, fire, earthquake, explosion, flood, hurricane, the elements, acts of God or the public enemy, war, invasion, insurrection, rebellions, riots, strikes or lockouts, judicial order or ruling, legislative action, or an imposition by a governmental entity of a moratorium or limitation on utility services, permit issuance, plan approvals, construction or operation of the use.
Development of the golf course shall be concurrent with development of residential units. A development schedule for the concurrent development of the golf course and residential units shall be approved by conditional use permit. If this development schedule for the golf course is not maintained, then the City shall not issue any further building permits for residential construction for the project until the developer has obtained and complied with a modified development schedule approved by the City Council.
The developer shall enter into written agreements secured by bonds, letters of credit, cash or other security acceptable to City, to assure the following obligations:
The developer shall be primarily and directly liable to the City for development of the entire project, including the golf course and appurtenances, and all residential units, despite any transfers or assignments of any nature whatsoever, of any ownership, development rights or other interests in the property to any other party.
The developer shall mass grade the golf course at the same time as the mass grading for the residential portion of the project site.
The completion of a grading restoration plan approved by the Planning Commission.
A building or portion thereof lawfully existing on the effective date of this title, which was designed, erected or structurally altered for a use which does not conform to the uses permitted in the zone in which it is located, or which does not comply with one or more of the property development standards of the zone in which it is located.
A use of a building or land existing on the effective date of this title which does not conform to the uses permitted in the zone in which it is located.
The same as "day nursery."
The same as "rest home."
A permanently maintained, concrete paved parking area not less than 10 feet in width and 20 feet in length, that is uncovered and is accessible and useable for the parking of a standard motor vehicle. In residential zones, open parking spaces may not be located within a required front setback.
That land set aside to remain in its natural state of that land developed as green belt or for recreational uses.
Signs painted on the exterior surface of a building or structure which have no raised borders, letters, characters, decorations or lighting appliances.
The same as "lot."
An open area, other than a street, used for the parking of automotive vehicles and restricted from general public use.
An area, other than a private parking area or street used for the parking of vehicles and available for public or quasi-public use, either free or for remuneration.
Space exclusive of driveways, ramps, columns, loading areas, office or work areas within a building or open parking area for the parking of one automobile. A parking space shall be not less than 10 feet in width, 20 feet in length, and shall be accessible and usable for the parking of a standard motor vehicle.
A covered structure that is attached to or a part of a main building that has a minimum clear height of not less than seven feet and shall have at least 65% total exterior wall area open.
An open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.
The proposal for development of a residential development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by this title. The phrase "provisions of the plan," where used in this title, shall mean those documents, verbal or graphic, referred to in this definition.
An accessory structure open on three sides and attached to the side or front of a building through which cars pass and is established for the convenient loading and unloading of passengers from an automobile. A porte-cochere is not a carport or garage nor may it be used to satisfy off-street parking requirements.
A plan prepared for a development which is based on the general proposals in the general plan. A precise plan may be adopted pursuant to the planning law of the State.
Signs which are suspended from or supported by a building or wall and which project more than 12 inches from the building or wall.
The same as "lot line."
All regulations and requirements referred to in the reference.
Any nongovernmental, nonprofit organization that is devoted to public service and welfare.
An arbor or pergola-like structure usually associated with a residential place.
A building used, designed or intended to be used as a home or dwelling place.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one residential district established by this title.
Premises used for the housing of and caring for more than six individuals who are aged, infirm or ambulatory. There shall be only incidental convalescent care not involving either trained nurse or physician residing on the premises. There shall be no surgery, physical therapy or other similar activities such as are customarily provided in sanitariums and hospitals.
The same as "zone, change of."
An unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways and service porches.
The same as "boardinghouse."
A health station or retreat or other places where more than six patients are housed and where medical or surgical treatment is given.
An institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State.
Schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technicians’ schools and similar commercial establishments.
The same as "automobile service stations."
The line which defines the depth of the required front yard. The setback line is parallel with the street line or, when established by master plan of streets and highways with the highway right-of-way line, or by the provisions of this title removed therefrom by the perpendicular distance prescribed for the yard in the zone. The side yard on the street side of a corner lot shall be measured from the planned street right-of-way, the same as for the front yard. Refer also to definition of structure.
Any card, cloth, paper, metal, painted or wooden sign of any character placed for the purpose of advertising the business or activity on the premises, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure, but shall not include official notices, etc., listed as excluded under "advertising structure." "Sign" shall include "advertising structure" unless otherwise noted.
The surface space within a single continuous perimeter containing words, letters, figures or symbols together with any frame, material or color forming an integral part of the display, but excluding support structures, face of building and incidental parts not drawing attention to the subject matter.
A device or edifice which supports or is capable of supporting a sign. A sign structure may be a single pole and may or may not be an integral part of a building.
The proprietary interest of a landowner, as herein defined.
A residential facility providing individual secure room(s) for no more than one-or two-person households, which may have individual or shared kitchen and/or bathroom facilities. SROs are rented on a monthly basis or longer.
A room in a single-family residence that meets a special need for a family including, but not limited to: hobby rooms, music rooms, meditation rooms, fitness/workout rooms, computer rooms, media rooms, and libraries but excluding, kitchens, living rooms, dining rooms, family rooms, laundry rooms, and bathrooms.
A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.
A stable other than a private stable.
That statement of objectives contained in this title and shall include all maps and attachments incorporated in that statement by reference.
The keeping or maintaining of goods at the same location for a period in excess of 72 hours.
A space in a building between the surface of any floor and surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.
A story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.
A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this title. The word "street" shall include all major and secondary highways, freeways, traffic collector streets, and local streets.
The center of line of a street or right-of-way as established by official surveys.
The boundary line between an abutting property.
Any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a primary or secondary highway or traffic collector street on the general plan.
The street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.
Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, excepting outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts and similar recreation areas.
Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components.
A market having 10,000 or more square feet of floor area devoted principally to the sale of food.
The same as "automobile service station" but also permitting incidental tire recapping (such tires to be sold only on the premises), touch-up painting, minor body work in enclosed building, incidental auto upholstery and general merchandising of auto equipment.
Housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing that is provided in single-, two-, or multifamily dwelling units shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two-, or multifamily dwelling units uses under this code.
An off-street parking space arrangement for single-family dwelling units which allows parking one vehicle behind another within an enclosed garage, not more than two cars in length.
An unlighted sign constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, including painted windows and signs not designed to be attached to a building to anchored to the ground, intended to be displayed for a period not to exceed 60 days.
A vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code and to be used for human habitation. No trailer shall be used as a place of human habitation except in regularly established trailer parks.
Any area or tract of land where space is rented or held for rent to two or more owners or users of residential trailers or mobilehomes.
A plot of ground within any trailer park designed for the accommodation of one residential trailer.
A person who receives dwelling accommodations for a price, with or without meals, for a period of not more than 180 consecutive days.
Buildings configured as rental apartment developments that operate under program requirements which call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, and no more than two years. Appropriate sites for the transitional housing development should include those close to public services and facilities including transportation. Transitional housing that is provided in single-, two-, or multifamily dwelling units shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two-, or multifamily dwelling units uses under this code.
An open area where trucks and trailers are sold, leased or rented and where no repairs, repainting or remodeling is done.
Sum total of all types of residential units, divided by the gross acreage as defined in this section.
Sum total of residential units divided by the net acreage as defined in this section.
Any land which is not in an agricultural zone.
A lot containing less than 20,000 square feet of area and which may be served by such urban facilities as sanitary sewers, curbs, gutters, sidewalks, etc.
The purpose for which land or building or both are erected, arranged, designed or intended or for which land or building or both are or may be occupied or maintained.
Includes the words arranged for, designed for, occupied or intended to be occupied for.
A permit for deviation from the provisions established in the zone in which the property is located, granted by the Commission pursuant to this title.
Fencing, hedges, trees, shrubs and walls or any combination thereof which materially limits the visibility of persons at intersecting or intercepting streets and alleys.
Any structure or device forming a physical barrier, which is so constructed that 50% or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. This shall include concrete, concrete block, wood or other materials that are solids and are so assembled as to form a solid barrier. Walls shall conform to Building Department standards.
Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall.
That portion of a building ancillary to the conduct of a business where either materials used or goods produced by the business are stored prior to their use or distribution to a wholesale user or retail purchaser and which is not otherwise a logistics facility or storage warehouse.
A facility for the storage of goods and which is not otherwise a logistics facility or general warehouse.
Any open space other than a court on the same lot with a building or a dwelling group, which space is generally open from the ground to the sky, except for the projections or accessory buildings permitted by this title. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title may be considered as providing a yard or open space for any other building; nor may any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.
A space between the front yard setback line and the front lot line or planned street right-of-way line, and extending the full width of the lot. The front yard of a cul-de-sac lot shall be measured from its narrowest depth.
A space between the rear yard setback line and the rear lot line, extending the full width of the lot.
A space extending from the front yard setback line, or from the front lot line where no front yard is required by this title, to the rear yard setback line of the rear lot line, between a side lot line and side yard setback line.
A land area shown or described in the land use zoning map to which uniform regulations apply.
The legislative act of removing one or more parcels of land from one zone and placing them in another zone on the land use zoning map.
The official map which describes thereon the several zoning districts to which the regulations set forth in this title shall apply.
(Ord. 24-06, 1/8/2025)
§ 6.08.030 Zones enumerated.
In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the following land use zones are established in this title to be known as follows:
R-1 | One-family residential zones. |
RPD | Residential planned development zone. |
R-2 | Two-family residential zone. |
R-3 | Multiple-family residential zone. |
C-P | Commercial and professional office zone. |
C-1 | Light commercial zone. |
C-3 | Heavy commercial zone. |
M-1 | Light manufacturing zone. |
M-2 | Heavy manufacturing zone. |
CEM | Cemetery zone. |
§ 6.08.040 Zoning map. [1]
A.
Establishment of Zones by Map. The location and boundaries of the various zones are such as are shown and delineated on the zoning map of the City, which map is made a part of this title.
B.
Division of Zoning Map. The zoning map may, for convenience, be divided into parts and each such part may, for purposes of more readily identifying areas with such zoning map, be subdivided into units and such parts and units may be separately employed for purposes of amending the zoning map or for any official reference to the zoning map.
C.
Changes of Zone Boundaries. Changes in the boundaries of the zones shall be made by ordinance amending the provisions of this title or by the adoption of an amended zoning map or part of such map, or unit of a part of such zoning map, which amended maps, or parts or units of parts when so adopted shall be published in the manner prescribed by law and become a part of this title.
D.
Interpretation of Boundaries of Zones. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:
1.
Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.
2.
In the case of unsubdivided property, and where a zone boundary divides a lot, the location of such boundaries shall be established by dimensions on the zoning map.
3.
Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts.
4.
Areas of dedicated streets or alleys and railroad rights of way, other than such as are designated on the zoning map as being classified in one of the zones provided in this title, shall be deemed to be unclassified and, in the case of streets, permitted to be used only for purposes lawfully allowed and, in the case of railroad rights of way, permitted to be used solely for the purpose of accommodating tracks, signals other operative devices, and the movement of rolling stock.
E.
Classification of Annexed Property. Any property which is annexed into the City shall be subject to zone classification as provided in this title, or, if not so provided, by recommendation of the Planning Commission and approval of the City Council, which may be accomplished concurrently with the annexation proceedings.
[1]
Editor’s note: The zoning map is not set out herein, but is on file in the City Clerk’s office. Amendments to the zoning map likewise are not set out herein, but are on file in the City Clerk’s office.
§ 6.08.050 City highway map.
The major, primary and secondary highways existing within the City are shown and designated upon a map made a part of this title being designated as the "Official Highway Map of the City of Walnut - Zoning Ordinance" otherwise referred to in this title as the City highway map, and shown thereon are by reference hereby made a part of this title. The original of the City highway map, including any changes or amendments thereto shall be kept on file with the City Clerk.
§ 6.08.060 Building setback line.
A.
How Measured.
1.
The building setback line shall be a line which is the depth of the required front yard back from and parallel with the front property line.
2.
The building setback line along the abutting side street of a corner lot shall be a line which is the depth of the required side yard back from and parallel with the side property line.
3.
Where there is a planned highway right-of-way line established by this title, the setback distance shall be measured from such planned highway right-of-way line rather than from the actual property line.
B.
Planned Highway Right-of-Way Line. A planned highway right-of-way line is hereby established in the following instances:
C.
Additional Planned Highway Right-of-Way Lines. Where in any block all the property lines abutting the street are not equally distant from and parallel with the monumented center line, there is hereby established a planned highway right-of-way line for such block that is parallel with the monumented center line, and distant therefrom the mean distance of the abutting property lines from the monumented center line in such block.
§ 6.08.070 Height of roof structures.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building fire or parapet walls, skylights, flagpoles, chimneys, smoke-stacks, wireless masts and similar structures may be erected above the height limits by this title prescribed, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space.
§ 6.08.080 Yard requirements.
A.
Generally.
1.
Except as provided in this title, every required yard shall be open and unobstructed. No yard or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space on any adjoining property but shall be considered as providing a yard or open space on a building site whereon a building is to be erected.
2.
Patios may occupy more than 25% of the required rear yard in zone R-2; provided:
a.
That no portion of the patio shall be closer than five feet to a side lot line of an interior lot nor closer than 10 feet to the side lot line of a corner lot on the side abutting the street or closer than 10 feet to a rear lot line.
b.
That whenever any portion of a required rear yard is occupied by any portion of a patio, equivalent useable open space shall be provided elsewhere on the property, subject to the approval by the Planning Director or other individual as designated by the Planning Commission, as to usability and location.
B.
Modification of Side Yard Requirement on Combined Lots. When the common boundary line separating two or more contiguous lots is covered by a building or permitted group of buildings, or when the placement of a building with respect to such common boundary line does not fully conform to the required yard spaces on each side of such common boundary line, such lots shall constitute a single building site and the yard spaces as required by this title shall then not apply to such common boundary line.
C.
Yard Requirements When More Than One Main Building Exists. Where two or more buildings are, by definition of this title, considered main buildings, then the front yard requirement shall apply only to the building closest to the front lot line, but all other buildings shall conform to the requirements concerning placement of buildings as contained in the zone in which the property is located.
D.
Yard Requirements for Property Abutting Future Street Right-of-Way.
1.
A building or structure shall not be erected or maintained on a lot which abuts a street having only a portion of its required width dedicated and where no point of such dedication would normally revert to the lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by this title, if any. This section applies to all zones.
2.
Where a precise plan or the master plan adopted pursuant to law includes the plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of front yards, where required by this title, shall relate to the future street boundaries as determined by the precise plans or the master plan.
3.
This section does not require a yard of such width or depth as to reduce the buildable width of a corner lot to less than 40 feet.
§ 6.08.090 Vision clearance on corner and reversed corner lots.
All corner lots and reversed corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area one angle of which shall be formed by the lot front and side lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be 15 feet in length, measured from the aforementioned angle. The third side of the triangle shall be a straight line connecting the last two mentioned points which are distant 15 feet from the intersection of the front and side lot lines; and within the area comprising the triangle, no tree shall be allowed, nor any fence, shrub or other physical obstruction higher than 42 inches above the established grade shall be permitted.
§ 6.08.100 Permitted intrusions into required yards.
The following intrusions may project into any required yards, but in no case shall such intrusions extend more than two feet into the required front yard and shall not extend closer than 30 inches from the side yard property line.
A.
Cornices, eaves, belt courses, sills, buttresses or other similar architectural features.
B.
Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part.
C.
Stairways, balconies and fire escapes.
D.
Uncovered porches and platforms which do not extend above the floor level of the first floor.
E.
Planting boxes or masonry planters not exceeding 42 inches in height.
F.
Guard railings for safety protection around ramps.
§ 6.08.110 Wall, fence or hedge may be maintained.
A.
In any residential zone, a wall, fence or hedge three feet in height may be located and maintained on any part of a lot. On an interior lot, a wall, fence or hedge not more than six feet in height may be located anywhere on the lot to the rear of the required front yard setback lines. On corner lots and reverse corner lots, a six-foot fence may be located anywhere on the lot except in those areas comprising the required front yard.
B.
The provisions of this section shall not apply to fences required by state law to surround and enclose public utility installations or to chain link fences enclosing school grounds and public playgrounds.
C.
Where a retaining wall protects a cut below the natural grade, and is located on a line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.
D.
Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; provided, that in any event a protective fence or wall not more than 42 inches in height may be erected at the top of the retaining wall, and any portion of such fence above the six-foot maximum height shall be an open work fence. An open work fence means a fence in which the component solid portions are evenly distributed and constitute not more than 50% of the total surface area of the face of the fence.
E.
Notwithstanding any other provisions of this code, regarding the height of walls, fences, or hedges, the Planning Commission may allow walls, fences or hedges in excess of those height limits in residential zones pursuant to the site plan and architectural review process. In considering the application, the Planning Commission shall consider the following factors in addition to the factors set forth in the site plan and architectural review process.
1.
Obstruction of view to or from driveways, walkways, sidewalks or streets.
2.
Obstruction of the view to or from neighboring properties.
3.
The necessity of light, air, view and open space of the applicants property and surrounding property.
4.
Any adverse affects on neighboring properties.
5.
Any safety hazards relating to land subsidence or drainage.
6.
Aesthetic considerations which are substantially incompatible with surrounding property or which cause a detrimental loss of value to surrounding property.
7.
Whether there is any detriment to the health, safety, and general welfare of the community.
§ 6.08.120 Lone building on lot to constitute main building.
Any building which is the only building on a lot or building site is a main building unless authorized by variance, or unless on the effective date of this title a garage building already existed on such lot or building site.
§ 6.08.130 Lot area not to be reduced.
No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this title nor shall the density of population be increased in any manner except in conformity with the regulations established by this title.
§ 6.08.140 Existing substandard lots.
When a lot has less than the minimum required area or width as set forth in any of the zones contained herein, or in a precise plan, and was of record on the effective date of this title, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or precise plan.
§ 6.08.150 Temporary real estate office and billboards.
Real estate tract office, temporary, for the purpose of conducting sales of lots in the subdivision upon which such office is located, provided such office shall not be used to conduct a general real estate business. At the end of two years from construction, any structure used for such purpose shall either be removed or restored for a use permitted in the zone where located, except that the Commission may, upon a showing of need by the owner of the property, extend the permitted time for a period not to exceed one additional year.
§ 6.08.160 Temporary construction buildings.
Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with the construction of more than four dwelling units, or commercial and industrial projects may be established and maintained during the construction of the project, and 30 days from the final completion date only provided that the owner or developer has a valid construction or grading permit for the project. Such temporary structures shall not be used for any temporary or permanent dwelling purposes.
§ 6.08.170 Underground utilities.
A.
Required. All facilities and wires for the supply and distribution of electrical energy, telephone, telegraph and cable television service to be constructed in the City on all undeveloped property which is subdivided in accordance with the Subdivision Map Act of California for residential purposes shall be placed underground unless special permission to construct the facility above the ground is granted as hereinafter provided. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed aboveground. Any person subdividing land pursuant to the Subdivision Map Act shall make the necessary arrangements with the utility companies involved to provide for the underground installation of these facilities.
B.
Exception Generally. This section shall not apply to wires of continuous lead passing through an underground utility service area; provided, that the continuous lead is not used to serve the underground area through which it passes.
C.
Application for Exception. Where the enforcement of the provisions of this section would result in undue hardship, property owners may make application for exception from the provisions of this section in the following manner:
1.
Written application shall be filed with the secretary of the Planning Commission.
2.
Such application shall include all information necessary to properly apprise the Planning Commission of the circumstances existing which require such an exception.
3.
Within 30 days after the filing of such application, the Planning Commission shall consider the application and thereafter shall make its recommendation to the City Council.
4.
Within 30 days after the receipt of the recommendations of the Planning Commission, the City Council shall consider the recommendation and thereafter may grant or deny the application.
5.
The filing fee for this application for exceptions shall be $25.00 or such fee as the City Council from time to time shall establish by resolution. The fee shall be paid to the City at the time of filing. No application shall be considered filed until the established fees have been paid to the City.
§ 6.08.180 Home occupation permit.
A.
Application. Any person proposing to manage, conduct or carry on any business within the home at any location shall file a written application for a home occupation permit and business license with the City Clerk, on forms prepared and provided to the applicant.
B.
Conditions and Reservations. Any license granted hereunder shall be subject to the following conditions and reservations:
1.
The carrying on of any business within the home shall be as a secondary use.
2.
The business shall not occupy more than one room or 25% of the total floor area, whichever is lesser, nor shall it occupy any part of the garage.
3.
No employees or assistants shall be engaged for services on the premises other than members of the resident family.
4.
No stock in trade shall be kept for public display purposes on the premises.
5.
The use shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone or district in which the use is located.
6.
The use shall not involve the use of commercial vehicles for transportation of materials to or from the premises, except when such vehicle is a commercially licensed van, pick-up truck or vacation vehicle registered to and used by a resident family member of the household exclusively for transportation.
7.
No use will be permitted which by reason of color, design, materials, construction, lighting, signs, sounds, noises or vibrations alters the residential character of the premises, or which unreasonably disturbs the peace and quiet of the surrounding residents.
8.
The use shall not be such as to create excessive demand for municipal or utility services or community facilities beyond those actually and customarily provided for residential uses.
9.
Stored materials used in connection with the home occupation shall not exceed 300 cubic feet. Total business usage will not increase the fire load of the dwelling by more than five percent.
10.
In the case of construction or related occupations, any storage and equipment yards must be maintained separate from the home occupation premises.
11.
There shall be no storage of materials or supplies in the garage or outdoors.
12.
The building and fire prevention inspectors shall have the right of reasonable inspection as with any other business within the City for the purpose of protecting the general health and welfare.
13.
There shall be no use on the premises of material or mechanical equipment not recognized as being part of normal household or hobby use.
14.
It shall not involve the use of signs or structures other than those permitted in the district of which it is a part.
15.
No building or space outside of the main building shall be used for home occupational purposes.
16.
Home occupation permittee must possess a valid City business license at all times.
D.
Appeal From Denial by City Clerk of the Issuance of Home Occupation Permit. Denial by the City Clerk of the application for a home occupation permit shall be subject to appeal by the applicant to the Planning Commission without fee. The City Clerk is required to notify the applicant in writing of the reasons for such denial, giving reference to pertinent paragraphs of this section.
Appeals taken under this section shall be governed by Section 6.80.170.
§ 6.08.190 Public dances and entertainment prohibited.
A.
Notwithstanding any provisions of the Walnut Municipal Code to the contrary, the advertising, promoting, holding, conducting, or participating in any public dance or entertainment in any residential zone in the City, as well as the processing of any entitlement relating thereto, is hereby prohibited. The provisions of this section shall not apply to churches, schools, public buildings, bona fide charitable institutions, and political organizations. Notwithstanding any other provision of the Walnut Municipal Code, local law enforcement officers may enforce the provisions of this section.
B. "Bona fide charitable institution" "Bona fide political organization" "Entertainment" "Private dance" "Public dance"
Definitions. As used in this section, the following definitions shall apply:
means and includes those organizations and institutions which qualify for tax exempt certificate pursuant to California Revenue and Taxation Code Section 23701(d).
means and includes any political organization which qualifies for a tax exempt certificate pursuant to California Revenue and Taxation Code Section 23701(r), or any political group, organization, or person whose activities or proceeds are used exclusively for the benefit of a political candidate or issue, and which activities do not include dancing.
means and includes any activity planned, engaged in, or permitted to occur for the purpose of or resulting in the pleasing, entertaining, attracting or retaining patrons or customers, and shall specifically include, but not be limited to, the playing of any musical instrument by any human being, the playing of records, tapes or other musical reproduction devices or performing the functions of a disc jockey.
means a dance conducted by the persons legally residing in a private residence for themselves, their immediate family, relatives and guests, and which is not for private or a commercial purpose, and to which the public is not admitted or allowed to participate, and to which the public is not invited or solicited by any form of invitation or advertisement, and for which no admission is required, or accepted, and for which no offering, contribution, collection, consideration, or anything of value is required, requested or accepted for admission or participation.
means any dance other than a "private dance."
§ 6.08.200 Yard sale regulations.
A.
Purpose. It is the intent of this section to create a limited avenue for residents to dispose of unwanted property on their personal premises. The purpose of these regulations is to prevent yard sales from becoming a commercial type of enterprise within a residential neighborhood. It is also the intent to prevent such activities from unfairly competing with licensed revenue producing commercial businesses other than within the commercially zoned areas.
B. "Personalty" "Resident" "Yard sale"
Definitions.
means all personal property apart from real estate.
means an individual, property owner, household group(s) or family with a permanent place of residence within the City of Walnut.
means any household sale (garage, yard, residence, occasional etc.) conducted by a resident who occupies any portion of the premises for the purpose of disposing of used, unwanted or surplus household furnishings or personalty.
C.
Permit Required. Any resident may conduct a yard sale as defined in this section upon the premises on which said resident permanently resides; provided that they first obtain a regulatory permit as prescribed in the section.
D.
Application. Every resident who conducts a yard sale shall file a separate, complete verified application, under penalty of perjury, for a permit with the business license officer. The application shall include the following information:
1.
The name, address and phone number of the resident wishing to hold the sale.
2.
The location where the sale will be conducted, including a general designation of the area of the premises where the actual sale is to be carried out.
3.
A general inventory of the goods to be offered for sale.
4.
The date(s) and time period(s) when the sale shall be conducted.
5.
A declaration under penalty of perjury, that the resident conducting the sale is the occupant of the property offering items for sale, that all of the goods are secondhand, and that no more than the allowable number of sales have been held in one calendar year.
E.
Permit Fee. There shall be no fee required for the issuance of a yard sale permit.
F.
Limitations.
1.
Duration. No more than two yard sales may be conducted by the same resident upon the same property within one calendar year. Each sale shall be limited to no more than two consecutive days.
2.
Hours. The hours for conducting a yard sale shall be limited to between 8:00 a.m. and 6:00 p.m.
3.
Merchandise—Type. All personalty, goods and furnishings must be the property of those conducting the sale, and must be used goods.
4.
Merchandise—Display. No sale or display of items or merchandise for sale shall be conducted on the portion of the premises within any public right-of-way.
5.
A maximum of two unlighted signs, which include the permittee’s address, will be permitted for advertising a yard sale. Signs may not exceed six square feet in area, and shall not be posted within the public right-of-way. Posting on private property is permitted with the consent of the property owner. Signs may be displayed only during the duration of the sale as indicated in this section. It shall be the responsibility of the resident to remove all signs and merchandise within 24 hours after the conclusion of the sale. All signs that do not comply with the provisions of this section are declared a public nuisance, and shall be subject to immediate abatement.
G.
Enforcement. All merchandise for sale shall be accessible for inspection at all times during the yard sale by City officials or their duly appointed representative.
H.
Violation—Penalty. This section may be punishable as an infraction with a fine of $25.00 for the first violation of this provision, a fine not to exceed $50.00 for the second violation within one calendar year, and a fine not to exceed $100.00 for the third violation within one calendar year.
§ 6.08.210 Accessory housing.
A.
Purpose. This section is intended to provide for the creation of accessory dwelling units ("ADU") and junior accessory dwelling units ("JADU'') in a manner that is ministerial and nondiscretionary, consistent with State law, Title 6 (Planning and Land Use), Chapter 6.08 (Planning and Zoning), Section 6.08.210 (Accessory housing) of the Walnut Municipal Code.
1.
ADUs and/or JADUs, as applicable, are permitted on lots developed or proposed with dwelling units in areas zoned for single-family and multifamily residential (including mixed use residential) uses and can provide an important source of affordable housing. For purposes of this section, the existing or proposed single-family dwelling, multifamily dwelling, and/or nonconforming single-family dwelling in a multifamily zone, shall also be known as the primary dwelling.
2.
Establishing reasonable regulations for ADUs and JADUs is an appropriate mechanism to properly balance the need for additional affordable housing with the need to maintain existing architectural character, community character, and neighborhood quality of life.
3.
ADUs and JADUs are not considered for purposes of the general plan density bonuses.
B.
Definitions. For the purpose of this section, the following definitions shall apply:
1.
"Accessory dwelling unit" or "ADU"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the following:
2.
"Bedroom"
means any room, other than a living room, family room, dining room, kitchen, bathroom, or laundry room, and shall include specialty rooms as defined by WMC Section 6.08.020.
4.
"Junior accessory dwelling unit" or "JADU"
means a residential unit that satisfies all of the following:
a.
It is no more than 500 square feet in size;
b.
It is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered be a part of and contained within the single-family structure);
c.
Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d.
If the unit does not include its own separate sanitation facilities, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
e.
Includes an efficiency kitchen, as defined in subsection (B)(3) of this section.
5.
"Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
6.
"Living area"
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7.
"Net usable area"
means the total area of the lot not including areas restricted from development by easements or other recorded restrictions, and areas of the lot exceeding a 4:1 slope.
8.
"Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards.
9.
"Objective standards"
means standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
10.
"Passageway"
means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit.
11.
"Primary residence (unit)"
means a legally constructed residential unit on a legal lot.
12.
"Public transit"
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
13.
"Tandem parking"
means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C.
Approvals. The approvals apply to ADUs and JADUs under this section:
1.
Building Permit Only. If an ADU and JADU complies with each of the general requirements in subsection D of this section, it is allowed with only a building permit in the following scenarios:
a.
Converted on Single-Family Lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i.
Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii.
Has exterior access that is independent of that for the single-family dwelling; and
iii.
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable Building and Fire Codes; and
b.
Limited Detached on Single-Family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (C)(1)(a) of this section), if the detached ADU satisfies the following limitations:
c.
Converted On Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted accessory dwelling unit complies with State building standards for dwellings. Under this subsection (C)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d.
Limited Detached On Multifamily Lot. No more than two detached ADUs on a lot that has a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:
i.
The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has side or rear yard setbacks of less than four feet, the City will not require any modification of the multifamily dwelling as a condition of approving the accessory dwelling unit.
ii.
The peak height above grade does not exceed the applicable height limit in subsection (D)(2), below.
iii.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
3.
Process and Timing.
a.
An ADU is considered and approved ministerially, without discretionary review or public hearing.
b.
The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i.
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii.
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or public hearing.
c.
If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(3)(b) above.
d.
A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
D.
General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (C)(1) or (C)(2) of this section:
1.
Zoning.
a.
An ADU or JADU subject only to a building permit under subsection (C)(1) of this section may be created on a lot in a residential or mixed use zone.
b.
An ADU or JADU subject to an ADU permit under subsection (C)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2.
Height.
a.
Except as otherwise provided by subsections (D)(2)(b) and (D)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d.
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (D)(2)(d) may not exceed two stories.
e.
For the purposes of this subsection (D)(2), height is measured above existing grade to the peak of the structure.
4.
Rental Terms. No ADU or JADU may be rented for a term that is shorter than 30 days or as defined in WMC Section 3.36.060(F) of this code.
5.
No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6.
Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66310 through 66342, each building permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.
7.
Building and Safety.
a.
Building Code Compliance. Subject to subsection (D)(7)(b) below, all ADUs and JADUs must comply with all local Building Code requirements.
b.
No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local Building Code, as described in Section 310 of the California Building Code, unless the Building Official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this section prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
E.
ADU Development Standards.
1.
Maximum Size.
a.
The maximum size of a detached or attached ADU subject to this subsection is one thousand (1,000) square feet.
b.
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.
c.
Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, front setback, landscaping or open space requirements may require the ADU to be less than 800 square feet.
2.
Setbacks. ADUs subject to this subsection shall comply with the following setbacks, subject to subsection (E)(1)(c) of this section. Setbacks are measured from property lines or vehicular easements, whichever is applicable.
a.
Attached and Detached ADUs.
i.
Front Yard Setbacks.
(A)
Single-Family Residential Zoning District(s), R-1 — 20 feet.
(B)
Residential Planned Development Zoning District(s), RPD — 20 feet.
(C)
Multiple Family Residential Zoning District(s), R-2 and R-3 — 20 feet.
(D)
Medium-High Density Residential Zoning District, R-4 — 20 feet when adjacent to existing residential and 0 feet when residential is separated by a street.
(E)
High Density Residential Zoning District, R-5 — 0 feet.
(F)
(G)
Francesca Specific Plan — 8 feet.
(H)
San Jose Hills Specific Plan — 5 feet.
(I)
Snow Creek Village Specific Plan — 12 feet.
(J)
Walnut Esplanade Specific Plan — 5 feet.
ii.
Side and Rear Setbacks. The side and rear setbacks for all ADUs shall be a minimum of four feet.
3.
Floor Area Ratio (FAR). No ADU subject to this subsection E may cause the total FAR to the lot to exceed 40% in single-family zoning districts with no limitation in multifamily zoning districts, subject to subsection (E)(1)(c) of this section.
4.
Lot Coverage. No ADU subject to this subsection E may cause the total lot coverage to exceed the limitations as noted below, except as noted in subsection (E)(1)(c) of this section.
a.
Single-Family Residential Zoning District, R-1 — 40% maximum lot coverage;
b.
Limited Multiple Family Residential Zoning District, R-2 — 50% maximum lot coverage;
c.
Multiple-Family Residential Zoning District, R-3 — 60% maximum lot coverage;
d.
Residential Planned Development Zoning District, RPD — 40% maximum lot coverage;
e.
Medium Height Residential Zoning District, R-4 — 75% maximum lot coverage;
f.
High Residential Zoning District, R-5 — 80% maximum lot coverage; and
g.
h.
Francesca Specific Plan — 40% maximum lot coverage.
i.
San Jose Hills Specific Plan — 40% maximum lot coverage.
j.
Snow Creek Village Specific Plan — 50% maximum lot coverage.
k.
Walnut Esplanade Specific Plan — No requirement.
5.
Minimum Open Space. No ADU subject to this subsection E may cause the project to be less than the following open space provisions for Multifamily and Mixed Use Zoning Districts noted below, subject to subsection (E)(1)(c) of this section:
a.
Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.
i.
Private Open Space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.
ii.
Shared Open Space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky and may not include driveways or parking area(s) or area required for front or corner side yards.
6.
Landscaping. No ADUs in single-family or multifamily residential zoning districts subject to this subsection E may cause the total landscaping of the lot to be less than as noted below, subject to subsection (E)(1)(c) of this section:
a.
Single-Family Residential Zoning Districts (including R-1 and RPD Zoning Districts).
i.
50% of the front yard setback area is to be landscaped.
b.
Multiple-Family Residential Zoning Districts.
i.
Limited Multiple-Family Residential Zoning District, R-2 — Minimum 50% landscaping within the front yard setback area;
ii.
Multiple-Family Residential Zoning District, R-3 — Minimum 50% landscaping within the front yard setback area;
iii.
Medium-Height Residential Zoning District, R-4 — Minimum 20% landscaping within the front yard setback area; and
iv.
High Residential Zoning District, R-5 — Minimum 10% landscaping within the front yard setback area.
c.
Mixed Use/Housing Opportunity Overlay Zoning Districts.
i.
MU/HOO-1, West Valley Specific Plan — Minimum 60% landscaping within the front yard setback area;
ii.
MU/HOO-2, Final Specific Plan Number 3 — Not applicable; refer to Final Specific Plan Number 3.
iii.
MU/HOO-3, The Terraces at Walnut Specific Plan — Not applicable; refer to The Terraces at Walnut Specific Plan.
d.
Specific Plan Zones.
i.
Francesca Specific Plan — Not applicable; refer to the Francesca Specific Plan.
ii.
San Jose Hills Specific Plan — Not applicable; refer to the San Jose Hills Specific Plan.
iii.
Snow Creek Village Specific Plan — Not applicable; refer to the Snow Creek Village Specific Plan.
iv.
Walnut Esplanade Specific Plan — Minimum 50% landscaping required within the front yard setback area.
7.
Passageway. No passageway, as defined by subsection (B)(10) of this section, is required for an ADU.
8.
Parking Standards.
a.
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (B)(13) of this section. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet in depth (if enclosed the space shall be 10 feet wide by 22 feet in depth, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public street right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.
b.
Exceptions. No parking under subsection (E)(8)(a) of this section is required in the following situations:
i.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection (B)(12) of this section.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is part of the proposed or existing primary residence or an existing accessory structure under subsection (C)(1)(a) of this section.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is an established car share vehicle stop located within one block of the ADU.
vi.
When the permit application to create an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (E)(8)(b)(i) through (v), above.
c.
No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or when a garage is converted to a JADU, those off-street parking spaces are not required to be replaced.
F.
Architectural Requirements.
1.
The materials and colors of the exterior walls, roof, windows and doors must match the appearance and architectural design of those of the primary dwelling.
2.
The exterior lighting must be limited to down-lights or as otherwise required by the Building or Fire Code.
3.
The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public view(s).
4.
The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
G.
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1.
Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, Building Code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2.
Unpermitted ADUs and JADUs were constructed before 2020.
a.
Permit To Legalize. As required by State law, the City may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i.
The ADU or JADU violates applicable building standards; or
ii.
The ADU or JADU does not comply with State ADU or JADU law (Government Code Section(s) 66310 through 66342) or this ADU Ordinance (Section 6.08.210).
b.
Exceptions.
i.
Notwithstanding subsection (G)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
§ 6.08.220 Outdoor sales, display or storage.
All sales, display and storage in the commercial and industrial zones shall be wholly within an enclosed building except as provided as follows:
A.
Purpose. The intent of this section is to provide an avenue for incidental outdoor uses connected to and operated in conjunction with permanent commercial and industrial uses located inside adjacent buildings. Such uses should complement existing storefronts and not require construction of new doorways or other significant exterior changes to existing commercial and industrial buildings or surrounding development. Creativity in the design of outdoor uses is encouraged and the quality of all items placed outside should contribute in a positive way to the visual appearance of the community.
B. "Bona fide charity" "Display, outdoor" "Parking, required" "Sales, outdoor" Storage, Outdoor. "Vehicle"
Definitions. The following definitions shall apply for the purposes of this section:
means and shall apply to any institution or organization as defined in Section 4.04.260.
means the placement of items outside of the enclosed building, but where all sales take place inside said building. These items must be removed and placed inside the building during nonoperating hours in order to be considered a display.
means the number of off-street parking spaces and circulation areas required by Chapter 6.68.
means a place where a sales transaction is made outside of an enclosed building. This shall include, but not be limited to, outdoor seating, sidewalk/parking lot sales, and automotive sale lots.
A display becomes temporary storage when items are allowed to remain outside of the building during nonoperating hours. Said storage becomes permanent when items are allowed to remain outside of an enclosed building for a period of more than 10 days. Vehicles parked or stored on a premises in excess of 30 days, including areas that are used or designated for customer/employee parking or circulation as required by Chapter 6.68, shall be considered outdoor storage.
means any motorized device, not limited by omission, capable of moving or being drawn upon streets or waterways, such as motorcycles, trailers, carts, campers, boats, recreational vehicles, buses, or other recreation/auxiliary vehicles, and commercial or common passenger vehicles.
C.
Permitted Uses. The following uses shall be permitted in the commercial and industrial zones, subject to the additional standards provided in this section:
1.
Outdoor display including plant materials when related to a nursery or florist shop as the primary business and provided all sales take place within an enclosed sales office. Outdoor vending machines, including water dispensers, soda machines, children’s miniature mechanical rides, recycling reverse vending machines and newspaper boxes, not to exceed a ratio of one device for each 40 lineal feet of store frontage.
2.
Outdoor seating for food services such as a café or restaurant when incidental to an approved enclosed restaurant.
3.
Outdoor storage, sale or rental of vehicles (new or used).
4.
Promotional or seasonal events, such as pumpkin or Christmas tree lots and sidewalk/parking lot sales.
5.
Any use similar to those that are listed herein, subject to the determination by the Planning Commission.
D.
Exemptions.
1.
The provisions of this section shall not apply to any bona fide charitable, governmental, or cultural event that occurs on a temporary basis, including the Walnut Family Festival, Auto Expo, Business and Home Expo.
2.
Automobile service stations shall be allowed outside display of automobile tires, batteries and similar equipment and accessories or petroleum products. All other items for display shall be subject to the provisions of this section.
E.
Standards—In General. The following standards shall apply for the uses listed in subsection C of this section.
1.
There shall be no display, storage or sales in the public right-of-way.
2.
A minimum two-foot wide clear space shall be maintained from the edge of the street curb or parking area to items for sale or display.
3.
A minimum four-foot wide, unobstructed, continuous path shall be maintained for pedestrian traffic along the primary path of travel (e.g., sidewalk). Such path shall have a vertical clearance of not less than eight feet.
4.
There shall be no storage, display or sales in any of the required parking spaces unless otherwise approved in accordance with the provisions of this section.
5.
There shall be no storage, display or sales within any unimproved, landscaping or planter areas, except nursery uses, seasonal events such as pumpkin and Christmas tree lots, or other temporary uses if approved by the Community Development Director.
F.
Standards—Outdoor Displays.
1.
Temporary displays of more than six, square feet shall require approval of a temporary use permit by the Community Development Director. Displays that are less than six square feet do not require a permit but must comply with the general standards of this section.
2.
Permanent displays shall be subject to site plan and architectural review by the Community Development Director.
3.
Display items shall be limited to merchandise sold by the business or decorative items that are related to or complement the goods and services sold or provided by the business.
4.
All items shall be placed adjacent to the building where the business is located. Displays may not obstruct the view to or from any adjacent business or obstruct any of their signs.
5.
No display may significantly obstruct the view of any display window of an adjacent business.
6.
All sale transactions shall occur inside the building to which the outdoor use is appurtenant.
G.
Standards—Outdoor Seating.
1.
Outdoor seating shall be subject to site plan and architectural review by the Community Development Director.
2.
A business may not increase the number of seats or seating area by more than 25% of the business, unless otherwise approved by the Planning Commission under a site plan and architectural review application.
3.
All tables and chairs shall be of sturdy construction, made of good quality materials, and designed to complement the character of the surrounding area.
4.
Outdoor seating for eight persons or less shall not require additional parking. Any seating provided over this amount shall require additional parking at a ratio of one space for each four seats.
H.
Standards—Promotional or Seasonal Events.
1.
Promotional or seasonal events shall be subject to a temporary use permit.
2.
An outdoor sale shall only be conducted by the business(es) licensed and located within the building(s) where such sale is to be located.
3.
A licensed business may conduct up to 15 outdoor sale days per calendar year. These 15 days may be consecutive or spread out over the calendar year.
I.
Standards—Storage, Sale or Rental of Vehicles or Vehicle Parts.
1.
Outdoor storage, sale or rental of vehicles or parts thereof shall be subject review and approval of a conditional use permit in the C-3 and M-1 zones only.
2.
Storage and sale/rental areas may not use any part of the required parking or access lanes and shall be clearly depicted on a plan submitted to the Community Development Department.
3.
Storage areas shall be screened from view by a solid, six-foot fence or wall.
J.
Temporary Use Permit—Application. Every business that operates a temporary outdoor use shall, file a separate, complete verified application under penalty of perjury, for a permit with the Community Development Director as noted herein. All applications shall include the following information:
1.
The name, address and phone number of the person(s) owning the business and property where the application is made.
2.
A plan that depicts the location where the outdoor activity will occur, including a general designation of the area of the premises where the actual sale are to be carried out.
3.
A general description of the types of goods for sale, display or storage.
4.
The date(s) and time period(s) when the sale, display, storage shall be conducted.
5.
Plans depicting all improvements associated with the outdoor activity.
6.
Any other information deemed necessary by the Community Development Director in order to make a determination.
Fee(s) for temporary use permit uses shall be established by the City Council by resolution. |
K.
Amortization Period. Any outdoor activity lawfully operating at the time of the effective date of this title shall be immediately subject to compliance with the provisions of Section 6.44.110. Such existing businesses shall be allowed a grace period of 120 days to reach full compliance with the provisions of this section.
L.
Enforcement. All merchandise for sale, display or storage accessible for inspection at all times by City officials or their duly appointed representative.
§ 6.08.230 Child related businesses.
A.
Purpose. Recognizing the need for tutoring centers to provide services to the residents of Walnut, it is the intent of this section to provide criteria and standards for the establishment of tutoring and learning centers, nursery schools, private schools, and other child related businesses within certain zoning districts. Child related businesses include, but are not limited to, tutoring and learning centers, martial arts, gymnastics, dance, art, and music studios that provide, individual, semi-individual or specialized instruction to children under the age of 18 in the fields of general education, recreation, or the arts and not licensed by the State as a public or private school or day care facility, or operated by a governmental or quasi-governmental agency.
B.
Limitations.
2.
Parking. A minimum of one parking space for each 10 students, plus one parking space for each staff member shall be provided. In no event shall the required parking be less one space for each 250 square feet of gross floor area.
3.
Passenger Loading. A minimum of two drop-off and pick-up parking spaces designed to provide safe pedestrian access to the facility and without crossing drive aisles or streets shall be provided. These spaces shall be in addition to the number of parking spaces required above.
4.
Window Coverings. Interior and/or exterior opaque window coverings and/or window signs shall be limited to a maximum of 20% of the store front area to ensure adequate and safe visibility into the facility from the exterior. All interior rooms shall have a view window installed which shall be made of clear glass, located a minimum of five feet above the floor and with a minimum size of 12 inches by 12 inches. All view windows shall be kept clear with no obscuring materials of any type at any time.
5.
Adult Supervision. There shall be a minimum of one adult for every 14 students. Students shall be under adult supervision at all times both inside and outside of the facility.
6.
Inspections. City officials shall be permitted to conduct unscheduled inspections of the facilities for the purpose of ensuring compliance with this section, the conditional use permit, including any conditions imposed therein.
§ 6.08.240 Tattoo/body art establishments.
A.
"Tattoo/body art establishments" means businesses providing the following services:
1.
Tattooing, which means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin.
2.
Body piercing, which means any method of puncturing the skin of a person by and aid of needles or other instrument designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or through the human body. Body piercing shall not include: (i) ear piercing services where said services are not the primary source of business; and/or (ii) the use of needles for legally authorized medical procedures by a licensed acupuncturist, a certified doctor, and/or a registered nurse.
B.
Tattoo/body art establishments shall not include beauty salons, health spas, and/or similar establishments, that provide permanent cosmetics to the human face as a means of producing designs that resemble makeup to the skin of the face, including, but not limited to, the permanent coloring of the eyebrows, lip line, eye line, and/or eyelashes. Such beauty salons, health spas, and/or similar establishments shall operate pursuant to a valid cosmetology license and in accordance with any and all state, county, and City regulations.
C.
Limitations.
2.
Hours of operation shall be limited to between the hours of 10:00 a.m. and 10:00 p.m.
3.
No spectator or viewing areas shall be designated or otherwise established/maintained.
4.
Inspections. City officials shall be permitted to conduct unscheduled inspections of the business for the purpose of ensuring compliance with this section and the conditional use permit, including any conditions imposed therein.
§ 6.08.250 Building permit.
No building or structure shall be erected, added to or structurally altered until a permit therefor shall have been issued by the building inspector of the City. All applications for such permit shall be in accordance with the requirements of this title, and no building permit shall be issued where such construction, addition or alteration or the use thereof would fail to meet or be in violation of any provisions and requirements of this title.
§ 6.08.260 Certificate of zoning compliance.
§ 6.08.270 Street dedications and improvements required.
By reason of the fact that changes will occur in local neighborhoods and the City generally due to increased vehicular traffic, increased pedestrian traffic, increased noise and other activities associated with the City’s development and growth, the following dedications and improvements are deemed to be necessary to prevent congestion and other hazards that are related to the intensified use of the land, and the following requirements must be met and complied with before any building permit may be issued, except as otherwise provided in this section.
A.
The property owner shall be required to dedicate to the City all public streets and alleys, local and highways, on the side of the street abutting the subject property to the full width required by the master plan of streets and highways or this title. The owner may deposit a deed of dedication to the City in escrow with an escrow agent acceptable to the City Attorney, the delivery of which is conditioned upon the required permit being granted.
B.
The owner of the property shall improve all public streets and alleys, both local and highways, on the side of the street abutting such property in accordance with street standards adopted by the City. The owner of the property shall improve all private streets and alleys, on the side of the street abutting such property in accordance with street standards adopted by the City and to match existing street improvements to the satisfaction of the City Engineer.
1.
Upon application for a building permit the City Engineer shall provide the applicant with a notice of improvements required to comply with the provisions of this title. The applicant shall provide engineering plans and quantity estimates to the engineer. Upon filing of the engineering plans and quantity estimates, the City Engineer shall estimate the cost of such improvements, the cost to be calculated using standard unit prices on file in the office of the City Engineer.
2.
The building inspector shall not issue final approval for any permit subject to the requirements of this section until such building inspector has received from the City Engineer a notice of compliance indicating that the improvements required by this title exist or that money in an amount equal to the estimated cost of the construction of the improvements has been deposited or that a performance bond, with sureties to be approved by the City Attorney, has been posted with the City to guarantee the construction of the improvements.
3.
The improvements shall comply with the established City standards for the particular area involved, such as curb, gutter, sidewalk, street and alley paving, street trees, street signs, street lights and all required utilities.
C.
Notwithstanding the provisions of this section the construction of curbs and sidewalks can be delayed if there is less than 35% by footage of curb and sidewalk installed in the block of which the property is a part; provided, that the property owner signs a construction and lien agreement with the City that the owner will construct curbs and sidewalks when 35% of the footage on the same side of the street within the owner’s block shall have curbs and sidewalks installed or agreed to be installed. The 35% shall be figured by dividing the total lineal feet of existing curb and sidewalk in the block on the applicant’s side of the street, by the total lineal feet of street frontage in the block on the applicant’s side of the street. The City Clerk shall cause the construction and lien agreement to be recorded against the owner’s property to secure the performance of the agreement. The property owner shall pay to the City the costs of recording a lien and preparation of the agreement and recording the release of lien when standard curbs and sidewalks are constructed.
D.
The provisions of this section shall not apply to the following:
1.
The maintenance or repair of any structure involving no increase in gross floor area, alteration, or remodeling.
2.
Minor accessory structures such as pools, fences, signs, patios, patio covers and similar structures.
3.
Alteration, remodeling, or additions to structures involving less than 35% of the fair market value of the structure or involving a physical change of 35% or less of the existing structure, or additions of 25% or less of the existing gross floor area of the structure.
4.
Repairs of 50% or less of the fair market value of the structure required as a result of natural catastrophe or fire.
E.
Regardless of the exemptions provided in subsection D above, the provisions of this section shall apply to any building permit with a value of $30,000.00 or more, except for the exemptions contained in paragraphs (D)(1), (2) and (4) of this section.
F.
In establishing fair market value for a structure, the fair market value shall include the value of all structures which are an integral part of the applicant’s use of the property. Fair market value shall be established by the Planning Director. If the applicant disputes the fair market value established by the Planning Director, it shall be the burden of the applicant to provide adequate information, including appraisals, to persuade the Planning Director. The applicant may appeal the fair market value determination of the Planning Director to the Planning Commission within 15 days of the determination.
G.
Any decision made pursuant to this section may be appealed to the Planning Commission only by the applicant, the Planning Director, the Planning Commission, or any individual Planning Commissioner. Such appeal shall be made to the Planning Commission within 15 days of the decision. The hearing before the Planning Commission shall not be a public hearing, but shall be held on at least 10 days prior written notice to the applicant. The decision of the Planning Commission shall be final.
§ 6.08.280 Licenses and permits to comply with title.
All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this title. No such license or permit for uses, buildings, or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions hereof shall be null and void.
§ 6.08.290 Acts by deputy.
Whenever a power is granted to, or a duty is imposed upon a public officer or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, unless this code expressly provides otherwise.
§ 6.08.300 Interpretation of title.
In interpreting and applying the provisions of this title they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings or requires larger open spaces than are imposed or required by other provisions of this code, rules, regulations or by easements, covenants or agreements, the provisions of this title shall control.
§ 6.08.310 Compliance with title.
Except as provided in this title, no building or structure shall be erected, reconstructed or structurally altered or enlarged, nor shall any building, structure or land be used for any purpose except as hereinafter specifically provided and allowed in the same zone in which such building or structure and land is located.
§ 6.08.320 Enforcement of title.
The Planning Commission or its duly designated representative, is hereby designated as the enforcing agent of this title, and any amendments thereto. Any appeals from the decision of the enforcing agent in the administration of this title shall be made to the City Council and the decision of the City Council in such matters shall be final and conclusive.
§ 6.08.330 Penalties.
A.
Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County or City jail for a period of not more than six months or both such fine and imprisonment.
B.
Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this title is committed or continued, as provided for in this title, and any use, occupation, building or structure maintained contrary to the provisions hereof shall constitute a public nuisance.