A. 
Purpose. The specific purpose of this section is to establish regulations for the keeping and maintaining of animals on properties zoned for or developed with residential uses.
B. 
Animals for Personal Use Only.
1. 
All animals maintained on a property zoned for or developed with a residential use shall be for the personal use of the persons residing on the property, and shall not be used for any commercial purpose.
2. 
The sale of an animal, or the offspring of animals, listed on an approved animal permit, shall not be considered a commercial use, provided that the animals are not being maintained for commercial breeding purposes.
C. 
Types and Numbers of Animals.
1. 
The following animals are allowed on any property zoned for or developed with a residential use, regardless of lot size, without restriction to the number of animals, unless otherwise noted in this section:
a. 
Amphibians, limited to: frogs, toads, salamanders, and newts;
b. 
Ten birds per each residential dwelling unit, limited to: doves, pigeons, parrots, cockatoos, and song birds; a maximum of 25 birds may be allowed subject to the approval of an animal permit pursuant to Section 17.02.140;
c. 
A combination of three dogs or cats, and their offspring not exceeding four months of age, for each residential dwelling unit; a maximum of five dogs or cats may be allowed subject to the approval of an animal permit pursuant to Section 17.02.140;
d. 
Fish;
e. 
Reptiles, limited to: turtles, nonvenomous lizards, and nonvenomous snakes; and
f. 
A maximum of 10 small mammals per each residential dwelling unit, limited to: rabbits, mice, rats, hamsters, gerbils, guinea pigs, and chinchillas.
2. 
The permitted type or number of animals listed in this subsection may be changed or increased subject to the approval of an animal permit pursuant to Section 17.02.140.
D. 
Animal Regulations in the R-H Zone.
1. 
The following regulations apply to the keeping and maintenance of animals for all properties located in the R-H zone:
a. 
A minimum lot size of 9,000 square feet is required for the keeping and maintenance of any animal listed in subsection (D)(2) of this section;
b. 
In addition to animals permitted pursuant to subsection C of this section, a maximum of one animal unit, as defined in subsection (D)(2) of this section, is allowed for each 3,000 square feet of gross lot area;
c. 
An animal enclosure, as defined in Section 17.01.060, shall be provided for each animal unit and shall not have a dimension less than 12 feet (e.g. minimum 12 foot by 12 foot enclosure);
d. 
An animal enclosure for all animals listed under subsection (D)(2) of this section shall not be located less than 35 feet from any portion of a residential dwelling unit;
e. 
An animal yard area, as defined in Section 17.01.060, shall be provided for each animal unit and shall not be less than 500 square feet in area nor shall it have a dimension less than 12 feet (e.g. minimum 12 foot by 42 foot area). The animal yard area need not exceed 2,000 square feet of open space area on any lot; and
f. 
An animal permit, subject to Section 17.02.140, must be approved and maintained in good standing for any animal listed in subsection (D)(2) of this section.
2. 
Animal units shall be defined as one of the following:
a. 
One horse or other equine, including miniature horses, ponies, donkeys, or mules, and their offspring not exceeding 12 months of age; or
b. 
One bovine and their offspring not exceeding 12 months of age; or
c. 
One pig or miniature pig and their offspring, not exceeding three months of age; or
d. 
Two goats, sheep, llamas, or alpacas and their offspring not exceeding six months of age; or
e. 
Two ostrich or emu and their offspring not exceeding 12 months of age; or
f. 
Five turkeys, grouse, chickens (excluding roosters), quails, guineafowl, peafowl, pheasants, ducks, geese, or swans, and their offspring not exceeding three months of age.
E. 
Prohibited Animals.
1. 
The following animals are expressly prohibited on any property zoned for or developed with a residential use:
a. 
Wild and dangerous animals, including but not limited to: an elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wild cat, puma, and cheetah; and
b. 
Poisonous reptiles; and
c. 
Roosters; and
d. 
Bees.
2. 
This subsection does not apply to the transportation of any such animal through the City, provided that adequate and secure safeguards are taken to prevent the escape thereof and to protect the public nor shall this section apply to any circus, show or temporary event involving the display of such animals while the show is legally located and permitted within the City.
(Prior code § 27-22.12; Ord. 08-1603 § 7; Ord. 14-1654 §§ 6, 7; Ord. 21-1722 § 2)
A. 
Purpose. The purpose of this section is to comply with Government Code Section 65852.2, which allows the City to enact standards for the development of accessory dwelling units (ADUs) to increase the supply of affordable housing while ensuring that ADUs remain compatible with existing neighborhoods.
B. 
Submittal Requirements and Application Processing.
1. 
The Director of Community Development shall prescribe the form of applications, documents to be submitted and the type of information to be provided by the applicant.
2. 
Application Requirement. Any application for an ADU that meets the standards contained in this Code shall be approved ministerially, without discretionary review, by the Director of Community Development or designee.
C. 
Use Restrictions.
1. 
If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
2. 
The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
3. 
The ADU is not to be sold or conveyed separately from the primary dwelling.
D. 
Location Requirements.
1. 
One ADU may be developed on properties that are zoned for single-family residential uses, including R-1, R-2, R-3, R-4, and R-H zones.
2. 
The property shall contain exactly one existing or proposed single-family dwelling.
3. 
The ADU may not be located on real property that is listed on the California Register of Historic Places.
E. 
Development Standards for ADUs with New Construction. The following development standards shall apply to: (1) ADUs involving new construction, which includes, but is not limited to, an ADU that is entirely made up of new construction, and an ADU comprised of part of an existing accessory structure or residence but the ADU does not fit within the existing space of the single-family residence or accessory structure; and (2) newly established ADUs within existing structures listed in subsection (F)(2).
1. 
Lot Size.
a. 
For properties with an R-1 or R-H zoning designation, the minimum lot size shall be 10,000 square feet.
b. 
For properties with an R-2, R-3, or R-4 zoning designation, the minimum lot size shall be 5,000 square feet.
2. 
Lot Width. All properties shall contain a minimum lot width of 50 feet.
3. 
Setbacks.
a. 
For properties with an R-1, R-2, R-3, or R-4 zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05.
b. 
For properties with an R-H zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Article IV of Chapter 17.05.
c. 
An ADU shall not be built above an existing structure if the structure is located within the required front or rear yard.
d. 
A detached ADU shall not be located in front of the primary dwelling.
4. 
Separation. A detached ADU shall not be located within five feet of another accessory structure or primary dwelling, as measured from the nearest portions of the buildings.
5. 
Building Height.
a. 
For properties with an R-1, R-2, R-3, or R-4 zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05.
b. 
For properties with an R-H zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article IV of Chapter 17.05.
c. 
No portion of an ADU shall exceed the height of the primary dwelling. For the purpose of calculating the allowable building height for an ADU, the height of the primary dwelling shall include the roof, and shall not include the height of chimneys or other architectural projections that do not contribute to the gross floor area of the primary dwelling.
6. 
Open Space. A minimum of 500 square feet of open space shall be provided for the ADU. This requirement shall be in addition to any open space required for the primary dwelling. Open space for an ADU shall:
a. 
Be contiguous (i.e., not separated);
b. 
Have no linear dimension at any point of less than 10 feet; and
c. 
Be located on the same lot.
7. 
Unit Size.
a. 
The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section 17.05.090(A)(4).
b. 
The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling.
c. 
An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU.
8. 
Floor Plan.
a. 
The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches.
b. 
The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower.
c. 
The ADU shall contain independent exterior access from the primary dwelling.
9. 
Architectural Design.
a. 
The ADU shall incorporate the same or similar architectural features, building materials, and colors of the primary dwelling. This includes, but is not limited to: roof pitches, exterior wall finishes, eaves, fascia boards and windows.
b. 
The exterior access to the ADU shall not be visible from the street, including from the front or street side yard areas, in order to maintain the appearance of a single-family dwelling.
c. 
Exterior staircases leading to a second story shall not be permitted. Any staircase providing access to an ADU located on the second story, or to a part of an ADU located on the second story, must be contained within the interior of the building.
d. 
The ADU must comply with the standards contained in Section 17.05.090.
10. 
Landscaping. Landscaping shall be provided pursuant to Chapter 17.03, Article I.
11. 
Off-Street Parking.
a. 
No parking shall be required for an ADU.
b. 
If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
i. 
Spaces may be covered or uncovered.
ii. 
Spaces may be located anywhere on the property and must comply with the parking layout standards contained in Section 17.03.050, except tandem spaces are allowed.
iii. 
A mechanical automobile parking lift may be utilized.
12. 
Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling.
13. 
Address. All ADUs shall share the same address assigned to the primary dwelling.
14. 
Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a. 
If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
b. 
The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
c. 
The ADU is not to be sold or conveyed separately from the primary dwelling.
F. 
Development Standards for Conversions of Existing Space into ADUs. The following development standards shall apply to conversions of existing space within a single-family residence or an existing accessory structure:
1. 
Limited Scope of Work. Subsection F shall apply only to projects where the proposed ADU is contained entirely within the existing gross floor area of an existing single-family residence or accessory structure.
2. 
Conversion of the following structures are subject to the requirements contained in subsection E:
a. 
Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cochéres, or similar structures.
b. 
Animal enclosures or buildings used for the housing of animals.
c. 
Accessory buildings or accessory structures that are less than 150 square feet in area.
3. 
Setbacks. No setbacks shall be required beyond what the existing structure currently has, except modifications to the existing structure that may be required by the Building Code and Fire Code.
4. 
Unit Size.
a. 
The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section 17.05.090(A)(4).
b. 
The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling.
c. 
An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU.
5. 
Floor Plan.
a. 
The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches.
b. 
The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower.
c. 
The ADU shall contain independent exterior access from the primary dwelling.
6. 
Landscaping. Landscaping shall be provided pursuant to Chapter 17.03, Article I.
7. 
Off-Street Parking.
a. 
No parking shall be required for an ADU.
b. 
If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
i. 
Spaces may be covered or uncovered.
ii. 
Spaces may be located anywhere on the property and must comply with the parking layout standards contained in Section 17.03.050, except tandem spaces are allowed.
iii. 
A mechanical automobile parking lift may be utilized.
8. 
Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling.
9. 
Address. All ADUs shall share the same address assigned to the primary dwelling.
10. 
Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a. 
If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence.
b. 
The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
c. 
The ADU is not to be sold or conveyed separately from the primary dwelling.
(Prior code § 27-22.23; Ord. 1540 § 4, 2003; Ord. 18-1701 § 6; Ord. 21-1722 § 2)
A. 
Purpose and Intent. Residential condominiums and stock cooperatives. differ from other residential development forms in many ways, including the ownership of individual units, jointly held and maintained common areas and participation in an Association responsible to manage and operate the units. Condominium developments are a mix of individual and common ownership which differs from conventional and familiar patterns of housing in the City of Norwalk while possessing a high potential for mismanagement, especially if development standards are inadequate. This unique status indicates that it is necessary to treat such projects differently from apartments and like structures.
In order to achieve this purpose, it is necessary to provide additional review, as outlined herein, including imposition of different development standards and other reasonable conditions to serve and protect the public health, safety and general welfare.
B. 
General Procedures. The Planning Commission and Planning Division shall prescribe the form of application, documents to be submitted, and the type of information to be provided by the applicant:
1. 
The following information, and any other data found to be reasonably required, shall be filed with the Planning Division prior to acceptance of an application for a tentative tract map for a condominium, condominium conversion or stock cooperative:
a. 
For proposed construction, detailed and fully dimensioned site plans, floor plans, and exterior building elevations. (Prior to issuance of a building permit, landscape plans shall be submitted to the Planning Division showing location, size, type and number of plant materials and the irrigation system.)
b. 
In the case of a conversion, any available "as-built" structural plans and detailed drawings of existing buildings shall be submitted showing the method of compliance with requirements related to floor/ceiling and wall construction and other applicable electrical, plumbing and mechanical requirements of the building and safety code. Where such plans are not available, the applicant shall provide representative building plans in accordance with the Building and Safety Division requirements.
c. 
The proposed documents, including any covenants, conditions and restrictions which have been prepared, that would apply to the conveyance of units, the assignment of parking, and the management of common areas. At the discretion of the Planning Division, Covenants, Conditions, and Restrictions may be submitted after approval of the tentative tract map, but prior to recordation of the final tract map.
d. 
A radius map and list of property owners within 300 feet of the subject property.
2. 
The Director shall obtain a report regarding existing structures from the Building and Safety Division, Fire Department and other affected public agencies concerning compliance with their respective Code requirements and the overall condition of the buildings and property, including the age, condition and degree of renovation necessary.
3. 
In the case of a condominium conversion or stock cooperative, notices relative to any public hearing before the Planning Commission and the City Council shall be sent to all current tenants at least 10 days prior to any such hearing.
C. 
Development Standards and Review Criteria. In a permitted zone, no building shall be constructed as a condominium, converted to a condominium or transformed into a stock cooperative except as may be allowed subject to the approval of a tentative tract map and recordation of a final tract map, and subject to the following standards and review criteria:
1. 
Compliance with all regulations set forth in this title in effect at the time of application, including but not limited to required yards, density, open area and parking, unless otherwise provided for in this chapter.
2. 
Compliance with all regulations set forth in the building code in effect at the time of application, including but not limited to energy standards, impact insulation and security requirements, unless otherwise provided for in this chapter.
3. 
Each unit shall have a minimum of 90 cubic feet per covered parking space of lockable, weatherproofed storage area generally located outside of the unit (i.e., within a garage or carport over-the-hood cabinet). Other locations and sizes may be acceptable upon review and approval of the Director and/or Planning Commission.
4. 
Utilities shall be provided in compliance with the following standards:
a. 
Each unit shall have a clearly marked, easily accessible master water shut-off valve.
b. 
Each utility, except water, that is controlled by and consumed within individual units shall be separately metered.
c. 
Each unit shall have its own circuit breaker panel for all electrical circuits and outlets located within the unit or where easily accessible to their own unit.
5. 
All wall and floor/ceiling assemblies between individual units shall be constructed with the following sound attenuation ratings:
a. 
The wall assemblies between individual units shall have a minimum STC rating of 52.
b. 
The floor/ceiling assemblies between stacked units shall have a minimum STC rating of 58.
6. 
All permanent mechanical equipment, including fixed and built-in domestic appliances, shall be shock-mounted if determined to be a source of structural vibration or noise.
7. 
Parking shall comply with the following standards:
a. 
Covered parking shall be provided within a garage.
b. 
The assignment of parking spaces shall be described within the covenants, conditions and restrictions document.
c. 
For any conversion to condominium or stock cooperative, parking shall conform to Section 17.03.040(E).
8. 
Laundry facilities shall be provided either within the units or in a laundry room with common facilities.
9. 
Compliance with the standards, criteria, and applicable regulations set forth in this subsection shall be determined by the Planning Division and Building and Safety Division by a review of the plans and drawings required by subsection B of this section, and, where appropriate, by inspection of the subject site. Where detailed plans and drawings are not available for existing buildings, the Building and Safety Division shall inspect the subject site to determine required compliance.
D. 
Final Map and/or Certificate of Occupancy. A final tract map and, if necessary, a certificate of occupancy, shall not be issued until and unless all requirements set forth in this section and established in conjunction with the approval of the tentative tract map are satisfactorily complied with.
(Prior code §§ 27-26.1—27-26.4; Ord. 06-1571 § 12; Ord. 21-1722 § 2)
An outdoor recreational ramp, as defined in Section 17.01.060, shall be allowed in the R-1, R-2, R-3, or R-H zone only if it complies with the following conditions and requirements:
A. 
A maximum of one outdoor recreational ramp is allowed on a property, provided that the property is developed with only one single-family residence;
B. 
The outdoor recreational ramp shall only consist of a quarter or half pipe, as defined in Section 17.01.060;
C. 
In no case shall any portion of the outdoor recreational ramp exceed 275 square feet;
D. 
In no case shall any portion of the platform exceed four feet in height;
E. 
In no case shall any portion of the outdoor recreational ramp exceed seven feet in height;
F. 
The outdoor recreational ramp is to be located in the rear half of the lot and at least 50 feet from the front property line;
G. 
The outdoor recreational ramp, or any part thereof, must be located at least five feet from any side and/or rear property line;
H. 
The outdoor recreational ramp cannot be located in required parking areas, driveways, and vehicle turnaround areas;
I. 
Metal cannot be used on the top surface of the outdoor recreational ramp; and
J. 
The outdoor recreational ramp shall be intended and used solely for the enjoyment of the occupants of the single-family residence and guests. No commercial or advertised use of the ramp shall be permitted and no donations or contributions shall be solicited or received for use of or attendance at ramp activities.
(Ord. 09-1618 § 2; Ord. 21-1722 § 2)
A. 
Purpose. It is the purpose of this section to encourage the production of very low-income, lower-income, moderate-income and senior citizens housing units in accordance with Government Code Sections 65915 through 65918, as may be amended from time to time ("State Density Bonus Law"). In enacting this section, it is also the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the housing element of the City's General Plan. A copy of the current State Density Bonus Law shall be kept on file with the Community Development Department.
B. 
Definitions. Whenever the following terms are used in this section, they shall have the meaning established:
"Affordable rent"
means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low, low, or moderate income households, not exceeding the following calculations unless otherwise provided by Health and Safety Code Section 50053(b):
a. 
Very Low Income.
The product of 30% times 50% of the area median income adjusted for family size appropriate for the unit, divided by 12.
b. 
Low Income or Lower Income.
The product of 30% times 60% of the area median income adjusted for family size appropriate for the unit, divided by 12.
c. 
Moderate Income.
The product of 30% times 110% of the area median income adjusted for family size appropriate for the unit, divided by 12.
"Affordable sales price"
means a sales price at which very low, low, or moderate income households can qualify for the purchase of target units, calculated in accordance with Health and Safety Code Section 50052.5 and the regulations adopted by the California Department of Housing and Community Development pursuant to that section.
"Concession"
shall have the same meaning as the term "incentive" defined herein.
"Density bonus"
means a density increase of up to those percentages specified in the State Density Bonus Law above the otherwise maximum residential density under the applicable zoning designation on the date the application is deemed complete.
"Density bonus housing agreement"
means a legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this section and the State Density Bonus Law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability, and production schedule.
"Density bonus units"
means those residential units granted pursuant to the provisions of this section that exceed the maximum residential density for the development site.
"Housing cost"
means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, home-owner association fees, and a reasonable allowance for utilities.
"Housing development"
means a construction project consisting of five or more residential units or lots, including single-family and multifamily units or lots.
"Incentive"
means a regulatory incentive or concession as defined in Government Code Section 65915(k) that may include, but not be limited to, the reduction of site development standards or a modification of zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus.
"Low income household" or "lower income household"
means a household whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.
"Maximum residential density"
means the maximum number of residential units permitted by the City's General Plan Land Use Element, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the additional density bonus units permitted by this section. If a range of density is permitted by the Land Use Element, maximum residential density shall mean the maximum allowable density within the range of density.
"Moderate income household"
means a household whose income does not exceed the moderate income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.
"Non-restricted units"
means all units within a housing development excluding the target units.
"Senior citizen housing" or "senior housing development"
means a senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
"Target unit"
means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, low, or moderate income households.
"Very low income household"
means a household whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.
C. 
Applicability. This section shall apply to residential developments of five or more dwelling units in all zoning districts except the R-1 zone and any specific plan area where the applicant seeks and agrees to provide very low-income, lower-income, moderate-income or a minimum of 35 senior housing in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning. In such case, the City shall grant a density bonus and incentives as set forth in this section.
D. 
Density Bonus. This section shall apply to residential developments of five or more dwelling units in all zoning districts, where the applicant seeks and agrees to provide very low-income, lower-income, moderate-income or a minimum of 35 senior housing in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning. In such case, the City shall grant a density bonus and incentives as set forth in this section.
1. 
The amount of the allowable density bonus shall be calculated as provided for in the State Density Bonus Law. The applicant may select from only one of the income categories identified in the State Density Bonus Law and may not combine density bonuses from different income categories to achieve a larger density bonus.
2. 
If an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City that satisfies the requirements of the State Density Bonus Law, then the applicant is entitled to a density bonus as set forth in the State Density Bonus Law.
3. 
If an applicant agrees to construct a housing development that qualifies for a density bonus and that includes a childcare facility, then the applicant shall be entitled to either an additional density bonus or an additional incentive as set forth in the State Density Bonus Law.
4. 
If an applicant converts apartments to a condominium project as set forth in the State Density Bonus Law, then the applicant shall be entitled to either a density bonus or additional incentives as set forth in the State Density Bonus Law.
The City Council shall have sole discretion to approve, deny or modify the request for a density bonus and/or incentive(s) in accordance with State Density Bonus Law and this section. Additionally, nothing herein prevents the City from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser density bonus and fewer incentives and waivers than that provided for herein, when the housing development does not meet the minimum thresholds.
E. 
Incentives.
1. 
The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to Government Code Section 65915.
2. 
A requested incentive may be denied by the City if it makes the findings set forth in the State Density Bonus Law. The denial of an incentive is a separate and distinct act from a decision to deny or approve the entirety of the project.
F. 
Discretionary Approval Authority Retained. The granting of a density bonus or incentive(s) shall not be interpreted in or of itself to require a general plan amendment, zoning change, or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change, or other discretionary approval, the City retains its discretion regarding the approval of the base project.
G. 
Waivers. In addition to any density bonus or incentives provided, an applicant may seek a waiver or modification of development standards that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this section. The applicant may request a meeting with City staff to discuss the applicant's proposal for reduced development standards. The City may not apply any development standard that would physically preclude the construction of a housing development at the densities or with the incentives permitted by this section. Requests for waivers shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled. The City may deny a waiver if it makes the findings set forth in the State Density Bonus Law.
H. 
Density Bonus Housing Agreement.
1. 
The entry into and execution of the Density Bonus Housing Agreement shall be a condition of a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development or conditional use permits) or a ministerial building permit for a housing development proposed pursuant to this section. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.
2. 
The terms of a draft density bonus regulatory agreement (the "Agreement") shall be reviewed and revised as appropriate by the Director of Community Development and the City Attorney who shall formulate a recommendation to the Planning Commission for review and the City Council for final approval.
3. 
Following execution of the agreement by the applicant and the city, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of the discretionary approval for the underlying housing development, final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.
4. 
At a minimum, the agreement shall include the following:
a. 
The total number of units proposed within the housing development, including the number of target units;
b. 
A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
c. 
The location, unit sizes (square feet) and number of bedrooms of target units;
d. 
Tenure of use restrictions for target units of at least 30 years;
e. 
A schedule for completion and occupancy of target units;
f. 
A description of any additional incentive being provided by the City;
g. 
A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and
h. 
Other provisions to ensure implementation and compliance with this section.
5. 
In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
a. 
Target units shall, upon initial sale, be sold to and occupied by eligible very low-, low-, or, in the case of a condominium, moderate-income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).
b. 
The initial purchaser of each target unit shall execute a lien, an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this section during the applicable use restriction period. Such lien, instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this section and the State Density Bonus Law.
6. 
In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:
a. 
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;
b. 
Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section; and
c. 
Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
I. 
Design and Quality.
1. 
Affordable units must be constructed concurrently with market rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the building official. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.
2. 
Parking standards shall be modified as allowable under Government Code Section 65915(p) and anything beyond those standards shall be considered a request for an incentive.
J. 
Processing of Application. An application for a density bonus, incentive, and/or waiver pursuant to this section shall be processed as part of the application for the underlying housing development. An application for the underlying housing development shall not be determined "complete" for purposes of Government Code Section 65920, et seq., unless and until the City Council has given preliminary approval of the form and content of a density bonus housing agreement, which complies with the provisions of subsection H of this section. The process for obtaining preliminary approval of the density bonus shall be as follows:
1. 
Filing. An applicant proposing a housing development pursuant to this section shall submit an application for a density bonus as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall include:
a. 
A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed. The specific requested density bonus shall show that the project meets the thresholds for State Density Bonus Law. In addition, the applicant shall provide calculations showing the maximum base density, the number and percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus and resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to State law.
b. 
The zoning and general plan designations and assessor's parcel number(s) of the project site.
c. 
A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways and parking layout.
d. 
The number and nature of the incentives requested including a pro forma or other report demonstrating that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the City to verify its conclusions. If the City requires the services of specialized financial consultants to review and corroborate the analysis, the applicant shall provide the City with a deposit for the costs incurred in reviewing the documentation.
e. 
If the applicant is requesting a waiver of any development standards, a brief explanation of the waiver requested and why such waiver is necessary to make the construction of the project physically possible.
f. 
The applicant shall submit a fee in an amount set by resolution of the City Council for the processing of the application, which includes a reimbursement for time expended by City to staff to review said application.
2. 
Review of Density Bonus Request.
a. 
Within 90 days of receipt of the application for a density bonus and a housing development, the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this section.
b. 
If additional incentives are requested, the Director of Community Development shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified incentives shall be recommended for consideration in lieu of the requested incentives. If the Director of Community Development recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
3. 
Approval. The City shall approve a density bonus and requested incentives and/or waivers in conjunction with a discretionary planning permit or ministerial building permit for a housing development, if the application complies with the provisions of the State Density Bonus Law and this section. The application for a density bonus, including any incentives and/or waivers, shall be reviewed by the Planning Commission, who shall promptly hold at least one public hearing thereon. Upon the conclusion of such hearing, the Planning Commission shall prepare and transmit to the City Council the written recommendation of the Commission. The City Council is the final reviewing authority. The execution and recordation of the density bonus housing agreement shall be a condition of approval of the discretionary planning permit or ministerial building permit.
K. 
Changes in State Density Bonus Law. It is the intent of the City Council that the provisions of this section shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in State laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of the ordinance codified in this section. Accordingly, it is the further intent of the City Council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this section, to the maximum extent permitted by law.
(Ord. 14-1656 § 1; Ord. 21-1722 § 2)
A. 
Purpose. It is the purpose of this section to establish regulations for the orderly establishment and use of property for the development of single room occupancy (SRO) housing in their permitted zones. A conditional use permit shall be granted, if it is found that the proposed location of such uses will be in harmony with the general purposes and intents of this title and of any general plan, existent or in the process of being prepared, and will not be materially detrimental to the character of the development in the immediate neighborhood.
B. 
SRO development in conjunction with other multifamily development.
1. 
SRO units in conjunction with other multifamily development shall not be comprised of more than 20% of the total housing units proposed.
2. 
In the case of mixed housing types in a development, all developments must comply with provisions found in Chapter 17.05, unless specifically modified by this section.
C. 
SROs may be established in the R-3 zone, and when the property is so used, shall comply with the following development and operational standards.
1. 
Development Standards.
a. 
SROs developments shall comply with all standards of the R-3 zone per Title 17 of the Norwalk Municipal Code, unless modified by this section, and building and safety standards per Title 15 of the Municipal Code.
b. 
Density. SRO developments shall comply with the maximum density in the zone in which they are located.
c. 
Unit Size. Each unit shall have a minimum size of 150 square feet and a maximum of 350 square feet.
d. 
Occupancy. Each unit shall accommodate a maximum of two persons.
e. 
Bathroom. Each unit shall contain, at minimum a separate bathroom with sink, toilet, and bathtub or shower.
f. 
Kitchen. Each unit shall contain, at minimum a kitchen including sink, counter top (minimum 16 inches by 24 inches), a refrigerator and stove/oven unit.
g. 
Closet. Each unit shall have a separate closet of not less than 48 cubic feet in size.
h. 
Laundry Facilities. Each SRO shall provide laundry appliances in individual units or in a separate room or rooms located in close proximity to the units served. A minimum of one washer and one dryer shall be provided for each 10 units or fraction thereof.
i. 
Off-street parking shall be provided pursuant to Chapter 17.03, Article II of this title.
j. 
Bike racks shall be provided at the facility where the SRO is located. Bike racks shall accommodate one bicycle for every three units.
k. 
Exterior lighting shall be provided for the entire outdoor and parking area of the property, at an intensity of between one and two footcandles, so as to provide adequate lighting for the property while not disturbing surrounding residential or commercial areas. Light sources shall contain light shields to prevent the spillage of lighting onto adjacent properties.
l. 
Common Open Space Requirements.
i. 
Developments containing 16 or fewer units shall provide a minimum of 500 square feet of usable open space, with a minimum dimension of 10 feet.
ii. 
Developments containing 17 units or more shall provide a minimum of 500 square feet of useable open space, with an additional 35 square feet required for each additional unit over 16, with a minimum dimension of 10 feet.
2. 
Operational Standards.
a. 
Each facility operator must provide a detailed management plan as part of the conditional use permit application. The plan, at minimum, shall address such items as follows:
i. 
Projected staffing needs;
ii. 
Facility management and operations;
iii. 
Emergency procedures;
iv. 
Security;
v. 
Rental procedures;
vi. 
Proposed rental rates.
b. 
Resident Manager. Each development containing 16 or more units shall have a resident manager available on a 24 hour basis.
c. 
Tenancy. Tenancy of SRO units shall be limited to 30 or more days.
(Ord. 16-1675 § 4; Ord. 21-1722 § 2)