Article IV Administrative Approvals and Permits

§ 17.02.140 Animal permits.

Purpose. The specific purpose of this section is to establish procedures and regulations for the processing of animal permits.

General Procedures and Standards. The following are general procedures and standards for processing animal permits:

The Director of Community Development shall prescribe the form or application requirements to be submitted and the type of information to be provided by the applicant.

The Director of Community Development shall review animal permit applications for more than three dogs or cats on residential properties as listed in Section 17.04.200(C)(1)(b) and for animals permitted in the R-H zone and listed in Section 17.04.200(D)(2).

The Planning Commission shall review animal permit applications requesting more than 10 birds, as listed in Section 17.04.200(C)(1)(b), pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F).

The following are the required findings for approval of animal permit applications:

The animal permit application is in compliance with all requirements of the Norwalk Municipal Code, including, but not limited to, regulations of Section 17.04.200 and Title 6; and

The animal permit application will not be detrimental to the public health, safety and welfare.

A letter informing the applicant of the Community Development Director or Planning Commission's decision will be mailed to the applicant. The decision of the Director or Planning Commission shall be in full force and effect after the appeal period, which is 10 calendar days after the date that the notice of the decision is mailed.

The Director of Community Development or Planning Commission may impose additional conditions on animal permits as deemed necessary to protect the use, enjoyment and value of neighboring properties and the health, safety, convenience and welfare of the occupants of neighboring properties.

Expiration.

Any animal permit shall be automatically renewed one year from the date of issuance, unless one of the following conditions applies:

The number of animals listed in the original animal permit has increased;

The type(s) of animals in the original animal permit has changed; or

The applicant of the original animal permit no longer resides on the premises.

If one of the aforementioned conditions listed in subsection (C)(1) of this section applies, then the existing animal permit shall expire and is no longer valid.

Revocation.

The Planning Commission may revoke or modify any animal permit on any one or more of the following grounds:

That the animal permit was obtained by fraud or misrepresentation;

That the animal permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or

That the animal(s) permitted by the animal permit is/are being, or within the recent past have/has been, maintained so as to be detrimental to the public health or safety or as to constitute a nuisance.

The Planning Commission shall conduct a hearing, pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F), and thereafter may take one of the following actions:

Impose such limitations, restrictions, conditions or prohibitions upon the keeping or maintaining of any animal upon the premises as, in its sound judgment, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or are reasonably necessary to protect the public health or safety; or

Revoke the animal permit.

The decision of the Planning Commission may be appealed to the City Council in the same manner described in subsection E of this section.

Appeal Procedure.

The decision of the Director of Community Development may be appealed to the Planning Commission, or the decision of the Planning Commission may be appealed to the City Council, which shall affirm, reverse or modify such decision.

The Director of Community Development shall prescribe the form and the type of information to be provided by the appellant.

Any appeal petition shall be filed with the Director of Community Development within 10 calendar days after the date that notice of the decision is mailed to the applicant. If the last day of the filing period falls on a day that City Hall is not open for business, then the appeal period shall be extended to include the next day on which City Hall is open for business.

Upon the filing of an appeal petition, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the Planning Commission or City Council.

Notice of the appeal, and of the appeal hearing before the Planning Commission or City Council, shall be pursuant to the hearing and noticing requirements contained in Sections 17.02.050(A)(4) and 17.02.090(F).

The decision of the City Council shall be final.

Previously Approved Animal Permits. All animal permits issued prior to the effective date of the ordinance codified in this section will continue to be valid provided all of the following conditions apply:

The number of animals on a property are equal to or less than the number of animals listed in the original animal permit;

The type of animals on a property are the same as those listed in the original animal permit; and

Applicant of original animal permit has not changed.

(Prior code § 27-22.25; Ord. 08-1603 § 8; Ord. 14-1654 §§ 3—5; Ord. 21-1722 § 2)

§ 17.02.150 Home occupation permit.

Purpose and Intent. The purpose of this section is to establish criteria for the approval of home occupations in the City of Norwalk so that the integrity of the residential zone is preserved, and that the public health, safety and general welfare are protected from any adverse impact.

Definition. "Home occupation" means any activity producing income, or intended to produce income, conducted or managed in a residential dwelling.

Home Occupation Permit. No home occupation may be established or operated in any manner without the approval, issuance, and maintenance of a valid home occupation permit An application for a home occupation permit shall be submitted for approval, conditional approval, modification, or denial by the Director of Community Development prior to the establishment or operation of such use. A home occupation permit is not transferable.

Findings. The Director of Community Development may approve, or conditionally approve a home occupation permit application only when the following findings can be made:

The proposed home occupation is consistent with the goals and objectives of the general plan; and

The proposed home occupation is compatible with adjacent properties and the surrounding community, and will not alter the residential character of the property; and

The proposed home occupation will not have an adverse impact on the public health, safety and general welfare.

Performance Standards. The Director of Community Development shall not approve an application for a home occupation permit unless the proposed home occupation meets all of the following performance standards:

Such occupation shall be carried on only by the occupants of the dwelling unit and wholly within the dwelling unit or an accessory structure.

Not more than 400 square feet or 25% of the total area of the dwelling unit and accessory structures, whichever is less, may be used for a home occupation. No portion of any required off-street parking area shall be used for the home occupation.

Inventory and supplies for such home occupation shall occupy not more than 50% of the permitted area and shall be stored entirely within an enclosure or building.

No goods or any other material related to the home occupation shall be purchased or acquired on the premises, except a transaction may occur by telephone, facsimile, computer modem, or other similar means not requiring personal contact.

No clients, employees, or other persons associated with the business, other than occupants of the dwelling, are allowed on the premises, unless all of the following conditions apply:

The home occupation is an educational activity, including, but not limited to, music lessons or academic tutoring; and

Not more than three persons associated with the business are permitted on the property per each day.

No advertising signs or displays are permitted.

No activities shall be conducted which emit dust, fumes, vibrations, noise, radio/electrical interference, light, glare, or odor, which would or could interfere with the peaceful use and enjoyment of adjacent properties.

No equipment requiring specialized electrical installation, or requiring over 220 volts of power to operate are allowed.

No noise shall be generated in violation of Chapter 9.04, Article III of the Norwalk Municipal Code.

10.

Delivery of goods or any materials related to the home occupation may not occur more than three times per each week. This requirement shall not be construed to include letter correspondence. The purpose and intent of this requirement is to limit the number of deliveries of packages and equipment, which will result in a substantial increase in the number of truck deliveries.

11.

No listing or advertising of the address of such home occupation for business purposes is permitted except in normal listing, not including display ads in telephone, business and City directories and in newspapers and magazines. The telephone number and address may be listed on business cards.

12.

No portion of the business, including, but not limited to, equipment, activities, and materials, shall be visible from a public or private street or right-of-way.

13.

Activities conducted, and equipment and material stored or used, shall not change the fire safety or occupancy classifications of the premises.

Conditions of Approval. In approving an application for a home occupation permit, the Director may impose conditions deemed necessary to ensure that the home occupation will be conducted in accordance with required findings.

Mailing of the Decision. If the home occupation permit is approved, then the Director shall mail a copy of the conditions of approval to the owner and/or occupant of any adjacent residential property.

Appeals. The applicant for a home occupation permit may appeal any decision of the Director of Community Development to the Planning Commission, by filing a written request with the Community Development Department within 10 days from the date the written decision of the Director of Community Development is mailed or delivered.

Revocation.

A home occupation permit may be immediately revoked or modified by the Director of Community Development if any one of the following findings can be made.

The circumstances have changed such that any of the required findings can no longer be made; or

The home occupation permit was obtained by misrepresentation or fraud; or

The home occupation is being conducted in violation of any statute, ordinance, law, regulation or condition of approval.

Revocation of a home occupation shall constitute the immediate nullification of the home occupation permit and requires immediate cessation of the subject use.

The decision of the Director to revoke a home occupation permit shall be final unless appealed.

(Prior code § 27-5.1(j); Ord. 1452§ 1, 1996; Ord. 21-1722 § 2)

§ 17.02.160 Sexually oriented business entertainer permit.

Permit Required. It is unlawful for any person to perform at a sexually oriented business unless such person first obtains from the Director, and continues to maintain in full force and effect a sexually oriented business entertainer permit.

Persons Eligible. No person less than 18 years of age shall be eligible for a sexually oriented business entertainer permit.

Application Requirements. The following shall be submitted to the Director at the time of application for a sexually oriented business entertainer permit.

A completed application form signed by: (a) the applicant; and (b) the owner of the sexually oriented business in which the applicant intends to perform.

The applicant's legal name and any other names (including stage names and aliases) used by the applicant.

Age, date and place of birth.

Height, weight, hair and eye color.

Present residence address and telephone number.

Whether the applicant has ever been convicted of:

Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

The equivalent of the aforesaid offenses committed outside the State of California.

State drivers license or identification number.

Satisfactory written evidence that the applicant is at least 18 years of age.

The applicant's fingerprints on a form provided by the Los Angeles County Sheriffs Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

10.

A nonrefundable application fee in an amount set by resolution of the City Council.

Grounds for Denial. The Director shall deny an application for a sexually oriented business entertainer permit for any of the following causes:

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;

The applicant is under 18 years of age;

The sexually oriented business entertainer permit is to be used for performing in a business prohibited by State or City law.

The applicant has been convicted of any of the offenses enumerated in subsection (C)(6)(a) of this section or an equivalent offense committed outside the State of California; provided, however, that such conviction shall not be grounds for denial if the conviction occurred more than five years prior to the date of the application.

Approval or Denial of Permit. The Director shall, within three City business days of the filing of a compete application, approve and issue the sexually oriented business entertainer permit if there are no grounds for denying the permit; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three City business days of the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this subsection shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the City Council in accordance with subsection J of this section.

Nontransferable.

No sexually oriented business entertainer permit shall authorize the permittee to perform at a sexually oriented business other than the business stated in the application for the permit.

No sexually oriented business entertainer permit issued pursuant to this section shall be transferable.

Any attempt to transfer a sexually oriented business entertainer permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

Inspection of Permit. Every entertainer shall have his or her sexually oriented business entertainer permit available for inspection at all times during which such entertainer is on the premises of the sexually oriented business at which the entertainer performs.

Grounds for Suspension or Revocation. The Director shall suspend or revoke a sexually oriented business entertainer permit for the following causes:

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City.

The permittee has engaged in any of the activities described below while on the premises of a sexually oriented business:

Unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation.

Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

Lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316. or 318 or Subdivision b of Section 647 of the California Penal Code.

An act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.

Any conduct prohibited by this section.

Failure to abide by an disciplinary action previously imposed by an authorized City official.

Procedure for Suspension or Revocation.

Notice. On determining that grounds for permit revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least 10 days prior to the hearing date.

Hearing. Hearings on the suspension or revocation of a sexually oriented business permit shall be conducted by the Commission. Hearings on the suspension or revocation of a sexually oriented business entertainer permit shall be conducted by the Director. All parties involved shall have a right to: (a) offer testimonial, documentary and tangible evidence bearing on the issues; (b) be represented by counsel; and (c) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A hearing may be continued for a reasonable time for the convenience of a party or a witness.

Penalty. After holding the hearing in accordance with this subsection. upon determining that there are sufficient grounds for disciplinary action, the Commission or Director shall impose one of the following penalties:

A warning;

Suspension of the permit for a specified period not to exceed six months;

Revocation of the permit.

The Commission or Director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.

Disqualification. No application for a sexually oriented business permit or a sexually oriented business entertainer permit shall be accepted or processed for any person who has had an equivalent permit revoked within the preceding year period.

Appeals.

Who May Appeal. Any interested person may appeal the issuance, denial of issuance, suspension or revocation of a sexually oriented business permit or sexually oriented business entertainer permit to the City Council in accordance with the provisions of this section.

Appeal Period. A written appeal petition must be fled with the City Clerk no later than 14 calendar days after the decision sought to be appealed; provided, however, that if the 14 days expires on a date that City Hall is not open for business. then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the City Council of jurisdiction to hear the appeal.

Form of Appeal Petition. The appeal petition must indicate why the appellant contends the decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the decision. A fee in an amount established by resolution of the City Council shall be submitted with the appeal petition.

Stay of Decision. The effectiveness of any decision to suspend or revoke a sexually oriented business permit or sexually oriented business entertainer permit shall be stayed during: (a) the appeal period set forth in subsection (J)(2) of this section; and (b) the pendency of any appeal.

City Council Consideration. The City Council shall consider a timely-fled appeal at its first available regular meeting following submission of the appeal, unless the appellant consents in writing to an extension. At least 10 days prior to the appeal hearing before the City Council, written notice of such hearing shall be mailed to the appellant. The City Council may continue the appeal hearing as necessary or convenient.

City Council Decision. No later than 45 days from the filing of a timely appeal, unless the appellant consents in writing to an extension, the City Council shall render a decision on the appeal. The City Council may affirm, modify, or reverse the decision being appealed. The decision of the City Council shall be made by resolution and shall be final. No later than three City business days after the City Council's decision, notice of the decision and a copy of the resolution shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review may be sought is governed by California Code of Civil Procedure Section 1094.6."

Judicial Review. The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.

(Prior code §§ 27-48.15—27-48.19, 27-48.20(b), 27-48.21, 27-48.22; Ord. 1469 § 2 1997; Ord. 21-1722 § 2)

§ 17.02.170 Sexually oriented business permit.

Permit Required. It is unlawful for any person to operate, engage in, conduct or carry on any sexually oriented business unless the owner of such business first obtains from the Commission, and continues to maintain in full force and effect, a sexually oriented business permit for such business.

Persons Eligible. The owner of a proposed sexually oriented business shall be the only person eligible to obtain a sexually oriented business permit for such business. The owner shall not be eligible to obtain such permit unless the owner is at least 18 years of age.

Application Requirements. The following shall be submitted at the time of application for a sexually oriented business permit:

A completed application form signed by: (a) the applicant; and (b) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the sexually oriented business is to be conducted.

A letter which describes the proposed sexually oriented business and how it will satisfy the requirements of this section.

A site plan designating the building and unit proposed for the sexually oriented business. The site plan shall include a dimensional interior floor plan which depicts how the business will comply with the requirements of this section. The site plan shall also include a diagram of the off-street parking areas required by Article II of Chapter 17.03.

The names of all employees, owners, independent contractors, and other persons who will perform at the business.

A statement, signed by the owner, certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct to the best of the applicant's information and belief.

A nonrefundable application fee in an amount set by resolution of the City Council.

Approval or Denial of Permit. The Commission shall, within 45 City business days of the filing of a complete application, approve and issue the sexually oriented business permit if the requirements of this section have been met; otherwise the permit shall be denied. The decision of the Commission shall be made by resolution. A copy of the Commission resolution approving or denying a permit, shall be given to the applicant by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three City business days of the date of such decision. If the application is denied, the resolution shall indicate the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Commission to the City Council in accordance with subsection P of this section.

Nontransferable.

No person shall operate a sexually oriented business under the authority of a sexually oriented business permit at any place other than the address stated in the application for such permit.

No sexually oriented business permit issued pursuant to this section shall be transferable.

Any attempt to transfer a sexually oriented business permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

Location Criteria.

A sexually oriented business may be located in the following areas of the City, provided such business complies with subsection (E)(2) of this section:

The area bounded on the north by Pumice Street, bounded on the south by Excelsior Drive, bounded on the west by Carmenita Road, and bounded on the east by the City boundary line; provided, however, that no sexually oriented business may be located on any property that has frontage onto Carmenita Road.

The area bounded on the north by Leyva Street, bounded on the south by Alondra Boulevard, bounded on the west by Blackburn Avenue, and bounded on the east by Shoemaker Avenue; provided, however, that no sexually oriented business may be located on any property that has frontage onto Alondra Boulevard or Shoemaker Avenue.

No sexually oriented business shall be located within 500 feet of any lot on which is located a business with an on-sale alcoholic beverage license. This distance shall be measured as a straight line from the primary entrance of the sexually oriented business to the property line of the business with the designated on-sale alcoholic beverage license.

Design Standards.

No sexually oriented business shall be located in any temporary or portable structure.

Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

Landscaping shall not exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

All off-street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by subsection (C)(4) of this section.

The premises within which the sexually oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit of the same building.

The building entrance to the sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the reasonable satisfaction of the Director.

All indoor areas of the sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by management at all times.

All areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

Area	Foot-Candles
Bookstores, novelty stores and video stores	20
Theaters and cabarets	5 (except during performances, at which times lighting shall be at least 1.25 foot-candles)
Arcades	10
Motels/Hotels	20 (in public areas)
Modeling studios	20

The sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from sexually oriented material; sexually oriented merchandise; and birth control devices. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a sexually oriented business which: (a) is not required to and does not provide restroom facilities to patrons or the general public, and (b) deals exclusively with sale or rental of sexually oriented material or sexually oriented merchandise which is not used or consumed on the premises.

10.

Sexually oriented arcades shall comply with the following additional requirements:

The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this paragraph must be direct line of sight from the designated managers station.

The view specified in subsection (G)(10)(a) of this section shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either: (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths.

11.

Sexually oriented cabarets and sexually oriented theaters shall comply with the following additional requirements:

Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers' use, shall be provided.

An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.

Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three-foot-wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier separating the patrons and the entertainers. Such railing, fence or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers.

Performance Standards.

No sexually oriented business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (a) sexually oriented material; (b) sexually oriented merchandise; (c) specified sexual activities; or (d) any semi-nude person. This provision shall apply to any display, decoration, sign, show window or other opening.

Exterior doors and windows of the sexually oriented business shall not be propped or kept open at any time while the business is open.

Exterior windows of the sexually oriented business shall be covered with opaque covering at all times.

Patrons shall not be permitted access to any area of the sexually oriented business which has been designated as an area in which patrons will not be permitted.

No person under the age of 18 years shall be permitted within the sexually oriented business at any time.

No sexually oriented business shall conduct or sponsor any activities which create a demand for parking spaces in excess of the number of spaces provided by the business.

All exterior areas of the sexually oriented business, including landscaping and parking surfaces. shall be maintained in a clean and orderly manner at all times.

The sexually oriented business shall maintain a security system that visually monitors and records all parking surfaces serving the business.

Alcohol shall not be sold or consumed on the premises of the sexually oriented business.

10.

Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards.

One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.

The security guard(s) shall be: (i) certified by the State Commission on Peace Officer Standards and Training: (ii) currently employed, off-duty peace officer(s); and (iii) uniformed in such a manner so as to be readily identifiable as a security guard by the public.

The security guard(s) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this section, and with notifying the Los Angeles County Sheriffs Department of any violations of law observed.

No security guard required pursuant to this paragraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the managers station while acting as a security guard.

11.

No sexually oriented business shall operate between the hours of 12:00 a.m. and 8:00 a.m. on any particular day.

12.

Massage parlors shall comply with the following additional requirements:

No person shall, for any form of consideration, administer to any individual of the opposite sex, any massage, alcohol rub, or similar treatment, fomentation, bath, or electric or magnetic treatment.

No owner or other person with managerial control over a massage parlor shall permit any person on the premises of such business to administer to any individual of the opposite sex, any massage, alcohol rub, or similar treatment, fomentation, bath, or electric or magnetic treatment.

13.

Sexually oriented arcades shall comply with the following additional requirements:

No viewing room or video booth may be occupied by more than one person at any one time.

At least one employee shall be on duty and stationed at each manager's station at all times that a patron is present inside the premises.

Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.

Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

14.

Sexually oriented cabarets and sexually oriented theaters shall comply with the following additional requirements:

No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least 10 feet from the nearest area occupied by patrons.

No patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.

No entertainer shall have physical contact with a patron before, during or after performances. This paragraph shall only apply to physical contact on the premises of the business.

No patron shall have physical contact with an entertainer before, during or after performances. This paragraph shall only apply to physical contact on the premises of the business.

No patron shall directly pay or give any gratuity to an entertainer.

No entertainer shall solicit any gratuity from a patron.

No owner or other person with managerial control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of specified anatomical areas.

Display of Permit. Every sexually oriented business shall display at all times during business hours the sexually oriented business permit issued for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the business.

Maintenance. Every owner of asexually oriented cabaret and every owner of a sexually oriented theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainers legal name, stage name(s), and sexually oriented business entertainer permit number.

Annual Filing. Every owner of a sexually oriented cabaret and every owner of a sexually oriented theater shall annually file with the Director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct to the best of the owners information and belief.

Employment of Persons Without Permits. No permittee. owner, operator or other person in charge of a sexually oriented business shall allow any person to perform at the business unless such person is in possession of a valid sexually oriented business entertainer permit.

Premises Inspections. The owner, operator, or other person in charge of a sexually oriented business shall allow City officers and their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of ensuring compliance with the law at any time the business is open or occupied.

Conditions. The foregoing requirements of this section shall be deemed conditions of sexually oriented business permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of a sexually oriented business permit.

Grounds for Suspension or Revocation. The Commission shall suspend or revoke a sexually oriented business permit for the following causes:

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has knowingly failed to comply with any of the requirements of this section.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the sexually oriented business.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has committed a misdemeanor or felony in the conduct of the business.

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the sexually oriented business has failed to abide by any disciplinary action previously imposed by an authorized City official.

The approved use has been substantially enlarged without City approval.

Procedure for Suspension or Revocation.

Hearing. Hearings on the suspension or revocation of a sexually oriented business permit shall be conducted by the Commission. Hearings on the suspension or revocation of a sexually oriented business entertainer permit shall be conducted by the Director. All parties involved shall have a right to: (a) offer testimonial, documentary and tangible evidence bearing on the issues; (b) be represented by counsel; and (c) confront and crass-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A hearing may be continued for a reasonable time for the convenience of a party or a witness.

Penalty. After holding the hearing in accordance with this subsection, upon determining that there are sufficient grounds for disciplinary action, the Commission or Director shall impose one of the following penalties:

A warning;

Suspension of the permit for a specified period not to exceed six months.

Revocation of the permit.

The Commission or Director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.

Appeals.

Appeal Period. A written appeal petition must be filed with the City Clerk no later than 14 calendar days after the decision sought to be appealed; provided, however, that if the 14 days expires on a date that city hall is not open for business, then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the City Council of jurisdiction to hear the appeal.

Stay of Decision. The effectiveness of any decision to suspend or revoke a sexually oriented business permit or sexually oriented business entertainer permit shall be stayed during: (a) the appeal period set forth in subsection (P)(2) of this section; and (b) the pendency of any appeal.

City Council Consideration. The City Council shall consider a timely-filed appeal at its first available regular meeting following submission of the appeal, unless the appellant consents in writing to an extension. At least 10 days prior to the appeal hearing before the City Council, written notice of such hearing shall be mailed to the appellant. The City Council may continue the appeal hearing as necessary or convenient.

Judicial Review. The appellant may seek judicial review of the City Council's decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law.

Existing Sexually Oriented Businesses.

Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this section in violation hereof shall be deemed a nonconforming use.

Any sexually oriented business lawfully operating on the effective date of said ordinance which becomes nonconforming due to the location criteria enumerated in subsection E of this section shall cease operation, or otherwise be brought into full compliance with the location criteria of this section, not later than 20 years following the effective date of said ordinance.

Any sexually oriented business lawfully operating on the effective date of said ordinance which becomes nonconforming due to either the design standards enumerated in subsection F of this section or the performance standards enumerated in subsection G of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the effective date of said ordinance.

Any sexually oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to the location criteria enumerated in subsection E of this section shall cease operation, or otherwise be brought into full compliance with the location criteria of this section, not later than 20 years following the date of annexation.

Any sexually oriented business lawfully operating on the date of being annexed by the City which becomes nonconforming due to either the design standards enumerated in subsection F of this section or the performance standards enumerated in subsection G of this section shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this section, not later than one year following the date of annexation.

Employment of and Services to Minors. No permittee, operator or other person in charge of a sexually oriented business shall allow any person who is not at least 18 years of age to enter or remain within the sexually oriented business. Any permittee, operator, or other person in charge of a business who allows any person who is not at least 18 years of age to enter or remain within the sexually oriented business shall be subject to a civil fine not to exceed $10,000 per violation, suspension or revocation of the sexually oriented business permit, or both such fine and suspension or revocation of the permit.

Number of Businesses. No building, structure or other facility shall contain more than one type of sexually oriented business, as such types of sexually oriented businesses are defined in this section.

Exclusions. This section shall not apply to those uses or activities the regulation of which is preempted by State law.

Regulations Nonexclusive. The provisions of this section regulating sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this code or other law.

Conflicts. If the provisions of this section conflict with or contravene any other provisions of this code, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this section.

(Prior code §§ 27-48.4—27-28.14, 27-48.20(a), 27-48.21—27-48.28; Ord. 1469 § 2, 1997; Ord. 21-1722 § 2)

§ 17.02.180 Site plan (Reserved).

§ 17.02.190 Temporary sign permit (Reserved).

§ 17.02.200 Towing service.

The operation of a towing service may be permitted in certain zones as specified, provided a permit has been first obtained and is in full force and effect. This permit shall be granted only if the Director finds that the proposed location, development and/or use is compatible with the purposes and intent of this title. The Director shall devise and employ standards and impose conditions as it finds necessary to assure such compatibility in order to protect the general public welfare.

(Prior code § 27-22.8; Ord. 21-1722 § 2)

§ 17.02.201 Yard sale and community yard sale permit.

Definitions.

"Community yard sale"

shall be defined as any yard sale that the Community Development Director determines: (1) to be conducted by multiple households within a common geographical area or on a property developed with multiple units; and (2) to have the potential to generate substantially more vehicle or pedestrian traffic than normally associated with a yard sale from a single-family residence.

"Yard sale"

shall be defined as the sale, and display for the purposes of sale, of any personal goods, including items crafted by hand on the premises.

Permit Required.

No yard sale or community yard sale shall be established, operated, or conducted in any manner without the approval, issuance, and maintenance of a valid yard sale permit or community yard sale permit.

An application for a yard sale or community yard sale permit shall be submitted for approval, conditional approval, modification, or denial by the Director of Community Development, or his or her duly authorized designee, prior to the establishment or operation of a yard sale or community yard sale.

A yard sale permit or community yard sale permit shall be posted in a location clearly visible from the public street or right-of-way during each day and hour of operation of the yard sale or community yard sale.

General Limitations.

The property shall be developed with either a single-family dwelling or multifamily dwelling.

All yard sales shall be conducted by a resident of the property.

No person shall sell or offer for sale any new merchandise.

No person shall sell or offer for sale any used merchandise that has been consigned or otherwise acquired for the purpose of resale.

Maximum Number of Yard Sales Per Calendar Year. Not more than two yard sales may be conducted in any calendar year for each property. This limitation applies whether the property is developed with one or more dwellings.

Maximum Number of Community Yard Sales Per Calendar Year. In addition to any yard sale conducted in accordance with Section 17.02.201(D), each property may participate in a maximum of one community yard sale per calendar year.

Duration of Each Yard Sale or Community Yard Sale. No yard sale or community yard sale may be conducted for more than two consecutive calendar days.

Maximum Number of Signs Permitted. One sign, not exceeding a total of six square feet in area, may be used on the applicant's premises during the period of sale. The sign shall not have more than two sides.

Enforcement.

Any person who violates this section of the Norwalk Municipal Code, or any part thereof, shall be guilty of an infraction for each day that a violation occurs.

The fine for an infraction of this section of the Norwalk Municipal Code shall be the amount adopted in Section 1.16.010 of the Norwalk Municipal Code.

Revocation. A yard sale permit or community yard sale permit may be immediately revoked or modified by the Director of Community Development if any one of the following findings can be made. The decision of the Director shall be final unless appealed.

That the yard sale permit or community yard sale permit was obtained by misrepresentation or fraud; or

That the yard sale or community yard sale is in violation of any statute, ordinance, law or regulation.

Appeals. The applicant or any interested parties for a yard sale permit or community yard sale permit may appeal any decision of the Director of Community Development, including the decision to approve, conditionally approve, deny, or revoke a yard sale permit or community yard sale permit, to the Planning Commission, by filing a written request with the Community Development Department within 10 days from the date the written decision of the Director of Community Development is mailed or delivered.

(Ord. 09-1617 § 1; Ord. 21-1722 § 2)

§ 17.02.202 Reasonable accommodation procedure.

Purpose. It is the purpose of this section to establish a procedure for disabled persons or their representatives to request a reasonable accommodation from the City's zoning laws, codes and land use regulations, policies, practices and procedures to provide disabled persons with an equal opportunity to use and enjoy a dwelling.

Reasonable Accommodation Request.

Requests for a reasonable accommodation may be made by any disabled person, representatives or a developer or provider of housing for disabled persons, by completing a reasonable accommodation request form and filing it with the Community Development Department.

If an individual needs assistance in making the request for a reasonable accommodation, the Department shall provide the assistance necessary to ensure that the process is accessible to the applicant.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by State or Federal law.

A request for a reasonable accommodation shall include the following information:

Explanation of why the specified code section, regulations, procedure or policy is denying, or will deny a disabled person equal opportunity to use and enjoy a dwelling;

A basis for the claim that the Fair Housing Laws apply to the applicant and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional or other appropriate evidence;

Detailed explanation of why the accommodation is reasonable and necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; and

Any other information required to make the findings required by subsection D.

If the reasonable accommodation request is for a project that also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the application shall file the required reasonable accommodation request form together with the applicant for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. If the project's other discretionary permit or approval requires Planning Commission approval, then the request for reasonable accommodation shall also be referred to the Planning Commission for approval in accordance with this section.

The Director of Community Development, or designee ("Director"), may request additional information necessary for making a determination on the request for a reasonable accommodation. The Director's request shall specify in detail the requested information. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant fully responds to the request for information.

Written Decision.

The Director shall issue a written notice of decision within 30 days of the date the application is deemed complete. The Director may grant the request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision shall set forth the findings and any conditions of approval. The written decision and notice of the right to appeal shall be mailed to the applicant.

Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall record a covenant in the County Recorder's office, in a form approved by the City Attorney, acknowledging and agreeing to comply with the terms and conditions of the approved reasonable accommodation.

A reasonable accommodation is granted to an individual(s) and shall not run with the land, unless the Director finds, at the time of approval of the accommodation, that the modification is physically integrated with the structure and cannot feasibly be removed or altered.

The written decision of the Director is final, unless appealed.

Required Findings. The reasonable accommodation shall be approved, with or without conditions, if the Director finds, based upon all of the evidence presented, that all of the following findings can be made:

The dwelling that is the subject of the request for reasonable accommodation will be occupied by a disabled person;

The requested accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy a dwelling;

The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws; and

The requested accommodation will not require a fundamental alteration to the City's zoning laws, policies, and/or procedures as defined in the Fair Housing Laws.

The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section or the General Plan, or are appropriate to protect the public health, safety, or welfare. The Director may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area.

Expiration.

Any reasonable accommodation approved in accordance with the terms of this section shall expire within 180 days from the issuance of the final decision, or at an alternative time specified in the approval, unless:

A building permit has been issued and construction has commenced; or

The right granted by the accommodation has been exercised.

If the disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation expires unless the Director makes either of the following findings:

That such accommodation is physically integrated with the property and cannot feasibly be removed or altered;

Another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling now occupies the dwelling. The Director may request that the person seeking to retain the accommodation provide documentation that the occupants are disabled persons and the existing accommodation is necessary for them to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.

Revocation or Modification.

If the Director determines that evidence could be presented to the Planning Commission that may support grounds for revocation or modification of an approved reasonable accommodation, and the Director believes that the Planning Commission may find that such evidence is adequate to support revocation or modification of the reasonable accommodation, then the Director may initiate a revocation proceeding before the Planning Commission.

Upon initiation of a revocation proceeding, the Planning Commission shall hold a public hearing regarding the possible revocation or modification of the reasonable accommodation. Notice of such hearing shall be provided in the same manner as the notice required to be provided in Section 17.02.050(B). Planning Commission, after such hearing, may revoke or modify the reasonable accommodation if the Planning Commission determines that:

There has been a change in the disabled person's use of the property or need for the reasonable accommodation that negates the basis for the approval of the reasonable accommodation;

The application, or other information presented to the City in conjunction with the request for a reasonable accommodation, included false information; or

Any of the conditions or terms of such approval are violated, or any law or ordinance is violated in connection therewith.

Upon revocation of the reasonable accommodation, the property shall be brought into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted in order to allow the reasonable accommodation.

Appeals.

The applicant may appeal any decision of the Director of Community Development to the Planning Commission, or the decision of the Planning Commission may be appealed to the City Council, which shall affirm, reverse or modify such decisions.

The applicant may appeal by filing a written request with the Community Development Department within 10 days from the date the written decision of the Director of Community Development is mailed or delivered.

(Ord. 14-1657 § 7; Ord. 21-1722 § 2)

§ 17.02.203 Director approval requests.

Purpose. The purpose of this chapter is to provide a streamlined process for administrative approval of certain requests to encourage existing property and business owners to make improvements to their properties and/or businesses and allow new businesses to open and operate more quickly, while ensuring they meet the intent of the General Plan and this title.

Review Authority. Director approval requests include the approval of certain minor development and land use requests and adjustments or waivers of certain development standards, subject to the limitations of this section and chapter. The Director may at his or her discretion refer any request to the Planning Commission for review.

Types of Approvals. The Director may administratively approve the following:

Land uses:

Temporary uses which are beyond the scope of events allowed pursuant to Title 5, Chapter 5.28 Special Events and Business Events, pursuant to Section 17.04.199;

On-sale alcohol sales within bona fide restaurants as defined in Section 17.04.140;

Alcohol beverage manufacturing, with or without a tasting room;

Drive-through or drive-up establishments, pursuant to the standards contained in Section 17.04.105;

Animal clinics or hospitals, pursuant to the standards contained in Section 17.04.175;

Animal care;

Commercial parking facility;

Remote parking facility;

Mobile food trucks, pursuant to the standards contained in Section 17.04.198;

Shooting range; and

Unclassified uses, pursuant to Section 17.02.204.

Minor developments:

Building additions up to 30% of the existing building's gross floor area on properties zoned for nonresidential uses.

Walls, fences, and hedges in any zone, pursuant to Section 17.03.300.

Façade improvements on properties zoned for nonresidential uses.

Modifications to approved master sign programs.

Artificial turf in any zone, pursuant to the standards contained in Section 17.03.010.H.

New single-family residences on substandard lots.

Modifications/reconfigurations to parking layouts, pursuant to the standards contained in Section 17.30.050.

All wayfinding signage and modifications to on-premises and off-premises approved wayfinding signage.

Adjustments and/or waivers:

Setbacks: Deviation up to 10% for required setbacks and existing non-conforming setbacks in any zone, if such deviation is deemed to be in the best interest of the site plan design and alternative landscaping is provided elsewhere within the development.

Building height: Deviation up to 10% for building heights in any zone.

Deviations from standards for drive-through or drive-up establishments.

Off-street parking requirements:

Deviation of up to 20% from the required number of parking spaces as set forth in Section 17.03.040.

ii.

Determination of number of required loading spaces, pursuant to Section 17.03.030.

Signs:

Deviation of up to 20% of allowable sign area, as set forth in Title 17, Chapter 17.03, Article III Signs.

ii.

Additional signs beyond those allowed in Title 17, Chapter 17.03, Article III Signs.

Landscape requirements: Deviation of up to 20% of required landscaping, as set forth in Section 17.03.010.

Design standards: Deviation of design standards in any zone.

Application Requirements. A letter requesting an administrative approval, a site plan, and any other information as deemed necessary by the Director shall be submitted to the Planning Division of the Community Development.

Fees. Applications for an administrative approval shall be accompanied by the payment of a fee per fee resolution adopted by City Council.

Findings. The Director shall make one or more of the following findings upon the issuance of an administrative approval:

The administrative approval is consistent with the purposes and intent of the Zoning Code.

The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the administrative approval.

The administrative approval will not produce a result that is out of character or detrimental to the public health, safety and welfare or adversely affect property values or the present or future development of surrounding area.

The administrative approval is directly related to and further mitigates impacts caused by a public acquisition.

The administrative approval would bring the property closer to overall conformance with the purposes and intent of the Zoning Code.

The administrative approval would not substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in the surrounding vicinity.

The administrative approval is needed for safety reasons, or to comply with other applicable codes, laws, ordinances, rules and regulations.

The administrative approval will enhance architectural compatibility between the proposed structure and existing structures in the surrounding area.

Conditions of Approval. The Director may attach conditions of approval as deemed necessary to satisfy one or more of the required findings.

Appeal Procedure for Administrative Approval Requests.

The decision of the Director may be appealed to the Planning Commission, or the decision of the Planning Commission may be appealed to the City Council, which may affirm, reverse or modify such decision.

Appeal petitions shall be submitted in writing, and accompanied by the payment of a fee per fee resolution adopted by City Council.

The Director shall prescribe the form and the type of information to be provided by the appellant.

Any appeal petition shall be filed in writing with the Director within 10 calendar days after the date that notice of the decision is mailed to the applicant. If the last day of the filing period falls on a day that City Hall is not open for business, then the appeal period shall be extended to include the next day on which City Hall is open for business.

The decision of the City Council shall be final.

Revocation. The Planning Commission may, after a hearing pursuant to requirements for revocation of a conditional use permit contained in Chapter 17.02, Article I, revoke or modify any administrative approval on any one or more of the following grounds:

That the administrative approval was obtained by fraud or misrepresentation;

That the administrative approval granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or

That the use permitted by the administrative approval is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2; Ord. 24-1747, 10/1/2024)

§ 17.02.204 Unclassified uses.

Purpose. It is recognized that, in the development of a comprehensive zoning ordinance, not all uses of land can be listed nor can all future uses be anticipated, and that a use may have been omitted from the list of those specified as permissible in the various zones, or ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title. Such unlisted uses are sometimes herein referred to as "unclassified uses."

Approval of Unclassified Uses. In addition to the permitted uses listed in each zone, presently unlisted uses may be permitted in the zone when approved in accordance with the provisions of this section. The term "permitted uses" includes "conditionally permitted uses."

Procedure for Approval.

Any person seeking to establish an unclassified use as a permitted use in any commercial or industrial zone may submit a written request to the Director. The Director shall make a determination based upon the findings required by subsection D of this section. Any interested person dissatisfied with the decision of the Director may appeal such decision to the Planning Commission within 10 days after the date of action taken by the Director.

The approval of an unclassified use by the Director shall become effective one day after the determination, except that, if appealed to the Planning Commission it shall become effective 10 days after approval by the Planning Commission.

The Director may, at his or her discretion, refer any request to the Planning Commission for determination.

Findings. Any unclassified use may be permitted where it is determined to be similar to the other permitted uses in the zone and not more obnoxious or detrimental to the public health, safety and welfare than such other permitted uses. Such a determination may be made where the approving body finds that all of the following conditions exist:

That the subject use and its operation are consistent with the goals and objectives of the general plan.

That the subject use and its operation are consistent with the purposes and intent of the zone within which the use is proposed to be located.

That the subject use is a compatible use in all areas of the City where the zoning in question is applied.

That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located. Uses shall be deemed to be similar only where the size, scale, design and impact of the uses are comparable. Uses shall not be deemed to be similar when the operation of the proposed use involves greater impacts in terms of traffic, parking, noise, glare, odor, refuse or other environmental considerations; generates greater demand for public services; does not have comparable hours of operation; is significantly more intensive in the number of employees, patrons and other users of the facility; or is not complementary to other uses in the zone.

That the subject use and its operation will not adversely affect other permitted uses in the zone within which the use is proposed to be located.

That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected.

(Prior code §§ 27-18.51—27-18.54; Ord. 20-1720 § 2; Ord. 21-1722 § 2)

§ 17.02.205 Precise development plans.

Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.

In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and general welfare. No provision of this section is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.

Applicability. The Community Development Director (Director) shall review applications in accordance with Section 17.02.105 Review authority table, as well as the following development and use applications:

The erection or construction of a building; or

The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.

General Procedures. The Director shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant. No application shall be accepted for filing unless it complies with the requirements set forth herein.

Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans, and/or any other data found to be reasonably required, and shall include the following:

The size, shape, height, orientation and location of all existing and proposed buildings, floor plans, and the type and color of exterior materials proposed;

The size, spacing and location of all doors, windows and other openings;

The type and pitch of roofs, towers, chimneys and other roof or architectural structures;

The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;

The location and type of lighting for buildings, grounds and parking areas;

The location, height, and materials to be used in construction of walls and fences;

The landscaping and irrigation plan proposed;

Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.

Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:

The Director may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of development is such as may necessitate significant revisions and that preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this section.

In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.

Any precise development plan located within the PF zone shall be reviewed by the Community Development Director.

Standards and Review Criteria.

The Community Development Director may at his or her discretion refer any request to the Planning Commission for review. The Community Development Director shall determine whether the proposed development is in compliance with regulations of this Code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.

The Director, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:

The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.

The Director may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to ensure compliance with regulations and the purpose, spirit and intent of this Code, and thereby serve the best interest of the area and community.

Decision, Transmittal, Appeal.

The Director shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the Planning Commission and applicant.

The decision of the Director shall become final and effective 10 calendar days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:

A written appeal has been filed with the Community Development Department by an applicant or by a person specially aggrieved, and accompanied by the payment of a fee per any applicable fee resolution adopted by City Council; or

The Planning Commission elects to review the decision of the Director.

The decision of the Planning Commission may be appealed to the City Council within 10 calendar days after the date that notice of the decision is mailed to the applicant. Notice of the appeal, and of the appeal hearing before the City Council, shall be pursuant to the hearing and noticing requirements contained in Sections 17.02.050.A.4 and 17.02.090.F.

Compliance.

An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefore, shall become null and void.

No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan.

(Ord. 23-1746, 12/5/2023)