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;
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
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.
"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.
"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;
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)