Article III — Specific Plan Area No. 3

Specific plan area No. 3 applies to the area bounded on the west by San Antonio Drive, on the north by the Southern Pacific Railroad right-of-way, on the east by Funston Avenue and on the south by Foster Road.

(Prior code § 27-33.1; Ord. 21-1722 § 2)

This specific plan area is an instrument for guiding, coordinating and regulating development as authorized by Article 8 of Chapter 3 of the State Planning and Zoning Law. In the specific plan area No. 3 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used, except as herein after specifically provided and allowed by this article and by other relevant chapters of this code.

(Prior code § 27-33.2; Ord. 21-1722 § 2)

The purpose of the specific plan area is to facilitate the systematic implementation of the general plan and to serve as a basis for review of more detailed plans. It is intended to establish a pattern for the appropriate design, arrangement and relationship of buildings, open space, circulation, land use and other features as necessary to coordinate development and achieve a functionally and visually integrated development. It is also intended to assure adequate design and controls to mitigate factors such as noise, vibration, dust, odors, and visual features detrimental to the project and its residents, tenants or users. It is intended to capitalize upon certain special qualities and opportunities of a designated area while permitting a degree of flexibility favorable to unique and imaginative designs. It is further intended to encourage and promote a high quality of design and environment.

(Prior code § 27-33.3; Ord. 21-1722 § 2)

The specific plan area consists of five and twenty-six hundredths acres of topographically flat land, located in the center of Norwalk, that is vacant except for a loading dock. Abutting to the north are the Southern Pacific Railroad tracks to the south is residential development comprising an older part of the City, and in transition from single-family development to multifamily type residential use; to the east is the Monolith Cement bulk cement silo and transfer plant. The property to the west is vacant; however, plans have been approved for a commercial and light industrial complex. (Prior code § 27-33.4; Ord. 21-1722 § 2)

The basic objectives of this plan are to:

• A. Provide a secure, quiet environment for the residential portion of the development, free from any obnoxious noise, dust and odors; and

• B. Provide a highly attractive, stimulating, and-innovative living environment that will tend to stimulate the surrounding area and improve the development characteristics of the area;

• C. Provide for a mixed residential and commercial development, arranged to be highly compatible to each other and the adjacent areas.

(Prior code § 27-33.5; Ord. 21-1722 § 2)

In order to achieve the foregoing objectives, the following policies shall be applied in designing, managing, and regulating developments and uses within the area:

• A. Landscaping, fencing, roof materials, and architectural design shall be integrated to provide an appearance of outstanding visual quality to occupants of adjacent residential properties and to motorists and pedestrians on the boundary streets.

• B. Particularly high standards shall be required in order to assure good quality in the original development and, to assure a high level of contained maintenance.

• C. A substantial landscaped setback shall be provided on the periphery and include mounds, decorative fencing and substantial amounts of trees, shrubs and ground cover plant materials.

• D. A sound attenuation wall,. arrangement of buildings, arrangement of rooms, and sound attenuation measures in construction shall be used to assure quiet living conditions both indoors and outdoors onsite.

• E. Walls, fencing, gates, and access to the property shall be arranged to provide security to residents of the property.

• F. Security features shall be shown for review and approval as part of the precise development plan.

(Prior code § 27-33.6; Ord. 21-1722 § 2)

The map entitled "Area Map/Specific Plan Area No. 3" is adopted as part of the specific plan area. The map indicates the boundaries of the specific plan area, the location of existing streets, the preferred location for primary access points and other features that are to be observed in the same manner as the other objectives, policies, standards and regulations of this specific plan area.

EXHIBIT "A" AREA MAP SPECIFIC PLAN AREA NO. 3

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(Prior code § 27-33.7; Ord. 21-1722 § 2)

The map entitled "Illustrative Plan/Specific Plan Area No. 3," is adopted as part of this specific plan area. The illustrative plan represents a concept for implementing the objectives, policies, standards, and regulations of this specific plan area. This is intended to serve as a guide rather than as a set of specifications and, as such, is illustrative rather than mandatory.

EXHIBIT "B" ILLUSTRATIVE PLAN SPECIFIC PLAN AREA NO. 3

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(Prior code § 27-33.8; Ord. 21-1722 § 2)

This specific plan area provides for the following categories of land uses: townhouse-style condominiums, and retail, and/or office commercial. (Prior code § 27-33.9; Ord. 21-1722 § 2)

In the specific plan area No. 3 zone, the following uses may be permitted, subject to any conditions deemed necessary to accomplish the objectives and policies of this specific plan area:

• A. Specified Residential Area (Refer to Exhibit "A"):

  1. Townhouse condominiums;

  2. Accessory uses:

     • a. Swimming pools,

b. Spa,

  - c. Recreational rooms, 

  - d. Garages. 

• B. Specified Office/Retail Commercial Area (Refer to Exhibit "A"):

  1. Office uses:

Accounting, auditing, and bookkeeping services,

Advertising and public relations services,

Architectural, engineering, and planning services,

Attorneys,

Banks and savings and loan associations,

Brokers, except truck brokers where truck traffic would be generated,

Business and management consulting services,

Collection agencies, Credit services, Data processing services,

Detective and protective services,

Doctors, dentists, optometrists, chiropractors and others licensed by the State to practice the healing arts for human beings, and accessory uses such as oculists, medical laboratories, and pharmacies dispensing only medical products,

Duplication, mailing and stenographic services,

Employment services,

Escrow and title companies,

Insurance services, Interior decorator, Investment services, Manufacturing and commercial services,

Photographic services, Public utility offices, Real estate services, Research services, Security and commodity brokers, dealers, and exchanges,

Tax consultation services, Telephone answering services, Travel agencies;

2. Retail-Related Uses:

Apparel shops, Art galleries, Bookstores, Camera shops, Candy, nut and confectionery shops, Drug stores,

Florists,

Greeting card shops, Jewelry shops, Liquor and food shops,

Smoke shops, approved in accordance with the procedures in Section 17.04.197 , Specialty gift shops,

Stationery stores.

• C. Comparable uses not specified, nor approved by the Director as similar in scope, purpose, intent, operations and objectives, may be determined to be permitted conditional uses by the Planning Commission if they comply to the following criteria:

  1. The use will not create circumstances, effects or situations considered undesirable, heavier, or substantially different from other uses in this category. Factors to consider will include all aspects of traffic, hours of operation, equipment, and the conduct of such use.

  2. The use will be highly compatible with other uses in this category.

  3. The use is similar in scope, purpose, intent, operations and objectives to uses listed.

  4. The use will promote the intended objectives of this specific plan area.

5. The use is not otherwise prohibited by Section 17.09.420 .

(Prior code § 27-33.10; Ord. 15-1668 §§ 5, 6; Ord. 21-1722 § 2)

All uses are prohibited unless provided for and authorized under this specific plan area. Under no circumstances shall the following uses or activities be permitted, either as a principal or accessory use:

Adult-oriented businesses, including book stores, drive-in theatres, indoor theatres and massage parlors;

Bail bond offices;

Bars and cocktail lounges which are not part of a bona fide eating place;

Billboards;

Churches, synagogues, temples and other buildings primarily devoted to religious worship; Christmas tree sales lots;

Drive-in, carry-out, fast food restaurants;

Educational institutions;

Fireworks sales stands;

Game arcades (where a principal use).

Hospitals, sanitariums, child care centers, homes for the aged and other similar uses allowed by Chapter 17.04 , Article XVIII;

Industrial and manufacturing uses.

(Prior code § 27-33.11; Ord. 21-1722 § 2)

Any expansion of the boundaries, or any amendment to the objectives, policies, standards, and regulations, of this specific plan area shall be accomplished in accord with procedures, hearing and notices as set forth in Chapter 17.02 , Article I. (Prior code § 27-33.12; Ord. 21-1722 § 2)

On any parcel of land or any building site designated for residential development, whether parcelized or not, the following intensity standards shall apply:

• A. A maximum density of 16 residential units per acre shall be permitted;

• B. Commercial building intensity shall be regulated by required parking standards and suitable landscaped setbacks along street frontages.

(Prior code § 27-33.13; Ord. 21-1722 § 2)

For residential portions of the property, the following standards shall apply:

• A. Private, usable open space shall be provided for each dwelling unit immediately adjacent to, accessible to, and private to the unit it is intended to serve. The space shall not include driveway or parking areas and, at ground level, shall be distinguished from adjacent areas by a retaining wall, fence or landscaping that rises above the adjacent areas. The space shall be no less than 200 square feet in area and have no dimension smaller than 10 feet.

• B. Recreation and Open Space. Fifteen percent of the total floor area within the development shall be utilized for recreation open space, consisting of open areas for both passive and active recreation facilities. Recreation open space areas shall be no less than 10,000 square feet and shall have a minimum dimension of 100 feet, measured 10 feet away from a building wall with ground floor windows.

• C. Setbacks. Adjacent to any street. There shall be a fully landscaped setback of at least 15 feet from a property line adjacent to a street; fencing within the setback area shall be of an open type such as wrought iron or a combination of masonry and wrought iron, except where sound attenuation is necessary.

• D. Building Dimensions. In general, no building shall have a horizontal dimension greater than 160 feet unless, at the time of precise development plan review, a greater length is found to be in conformance with the intent of this plan. No building shall have a horizontal dimension in excess of 100 feet without two offsets of at least five feet.

• E. Building Spacing. Main buildings shall be separated by a distance of no less than 10 feet.

• F. Maximum Building Height. Compliance with R-3 zone regulations is required.

• G. Dwelling Unit Area. The gross area per dwelling unit, not including patios or balconies, shall be no less than 1,000 square feet, with an additional 200 square feet for each bedroom in excess of two bedrooms.

• H. Architecture.

  1. Roofs. In order to provide for a measure of architectural harmony, all roof surfaces visible from ground level shall consist of Spanish tile, wood shakes or comparable material, as approved by the Director.

• I. Open Areas.

  1. Every dwelling unit shall be adjacent to a common open area.

  2. A walkway system linking residences with common activity areas and private recreation areas shall be provided.

  3. All open areas shall include a walkway of brick, stone, pebble aggregate concrete or decorative paving no less than four feet in width.

• J. Street Access.

  1. Access from arterial streets into the development area shall be located as indicated on the area map.

  2. Driveways shall be a minimum of 26 feet in width, and have a minimum of eight percent landscaping; they. shall be sufficient in construction to support a 17 ton fire truck without affecting the appearance of the driveway, and shall incorporate a decorative surfacing material 15 feet wide such as brick, pebble aggregate, or Bomanite tying open areas together and at entrances.

• K. Parking.

1. There shall be at least two parking spaces within a garage for each dwelling unit, and one guest parking space for each five units. In addition, there shall be at least one screened parking space for every 10 units for the storage of recreational vehicles, such spaces to be leased by a homeowners' association or other entity for the purpose of providing additional space for recreational vehicles that otherwise might be parked in visitor parking areas, unless boat and recreational vehicle parking and storage is prohibited on-site by the CC&Rs.

   2. Parking spaces shall be at least 10 feet by 20 feet within garages. All other spaces shall be a minimum of nine feet by 18 feet or 10 feet by 18 feet adjacent to walls.

   3. Parking spaces shall not be located within required yards abutting public streets.

   4. All garage parking spaces shall be concrete, and driveways leading thereto shall be constructed of asphalt.

   5. All parking spaces shall be arranged so that cars are not required to back onto a public street.

   6. There shall be no tandem parking.

• L. Walls and Fences. The design of walls and fences, excluding those for sound attenuation, along with the selection of landscape materials, are intended to be a unifying element throughout the development area. All walls and fences shall, therefore, be coordinated to serve a common theme in terms of design, color, material, and location. The design and location of walls and fences shall be subject to the approval of the Director.

• M. Landscaping.

  1. Theme trees shall be of a size, species, number, and location as determined by the Director.

  2. All landscaped areas shall be provided with an automatic irrigation system approved by the Director of Community Development.

  3. Within the development, there shall be no less than one specimen tree, of a species approved by the Director for each dwelling unit.

  4. The landscaping plan shall be signed by a certified landscape architect and shall show the location of turf, trees, shrubs, walks, fences, and any ponds, fountains, or other decorative

features. The plan shall clearly portray a permanent irrigation system, identify all plants by their botanical and common names, and indicate the location, number and container size of all shrubs and trees.

• N. Storage. All storage areas shall be screened and maintained in a manner that prevents the creation of any nuisance or otherwise detracts from the property value or residential character of the neighborhood. Every unit shall have convenient access to refuse sites; other storage shall be in accordance with Section 17.04.220(C)(3). Storage cabinets within garages shall be considered lockable if garage door openers are provided.

• O. Ceiling and wall soundproofing. Soundproofing between dwelling units shall be provided in accordance with the provisions of Section 17.04.220(C)(5).

• P. Retention of control and maintenance of common areas and facilities.

1. When a precise development plan and a tentative tract map which provides for multiple ownership with common spaces, common parking areas, or common facilities are approved, such approval shall be conditioned upon the preservation and maintenance of such spaces, areas, or facilities for the purposes shown in the precise development plan.

   2. The City shall require a provision in the CC&Rs that permits the City to provide for maintenance in the instance that a homeowners' association or other controlling body or person fails to provide for maintenance at a level of quality prescribed in the charter approved by the City.

• Q. Cable Television Conduit. The developer shall be required to install and stub a conduit system to each dwelling unit for future installation of a community antenna television system. The City has granted a franchise to a community antenna television corporation and intends to provide for this system in advance in order to alleviate the burden of installation after construction of a residential development. The conduit system shall be in accordance with the current development standards for cable television. The specifications for the conduit system shall be subject to the approval of the Director of Public Services.

• R. Signs. The provisions of Chapter 17.03 , Article III, shall apply within the development area.

• S. Mechanical Equipment. The provisions of Section 17.04.220(C)(6) shall apply within the development area.

  1. Air Conditioning and Filtration System.

     • a. Units shall not be mounted on the roof, except that units may be permitted on the roof if the original design of the structure was constructed to allow an area for such units, and provided that the units are not visible and/or audible from an adjacent property, structure, and/or street. The application for the approval of the installation of a unit on the roof of a structure shall be filed with, reviewed by and approved by the Director.

     • b. No noise shall be generated which causes the maximum noise level at any point on the property lines surrounding the premises on which noise is produced to exceed the background (ambient noise), including traffic noise, by five dBA measured at the same point, or 55 dBA whichever is greater.

     • c. Units shall be mounted on a concrete slab and/or platform determined to be structurally sound.

     • d. Units may be required to be screened to eliminate noise and/or visibility. In case of screening, the type and design of screen shall be subject to the approval of the Director.

     • e. Units shall be placed in a location on the property where the least amount of noise is heard by occupants of adjacent properties. The ARI sound rating number of any air

conditioning unit shall be 19 or less, as identified in the most recent publication of the Air Conditioning and Refrigeration Institute (ARI) Directory of Certified Sound-Rated Outdoor Unitary Equipment.

  - f. Units shall have fans located on the top of the unit. Fans are prohibited from being located on the sides of a unit.

• g. Portable window and wall units may be permitted, provided that they comply with the above standards, except conditions (c) and (f).

• T. Railroad Buffer. To maintain an ambient noise level no greater than 60 CNEL for private usable open space and recreation areas, earth berms, landscaping, decorative walls, building arrangement or a combination of such features shall be installed. The specific standards for the buffer strip, such as width, height, and all improvements within the strip as deemed necessary, and desirable to aesthetically achieve a 60 CNEL noise level shall be a condition of approval for any precise development plan and/or tentative tract map.

• U. Structural Soundproofing. Soundproofing shall be provided for all dwelling units. The amount and type of soundproofing for walls, roofs and windows shall be sufficient to maintain a maximum ambient noise level in living areas no greater than 45 CNEL with all windows, doors, and other openings closed. Specific soundproofing requirements to be set by the approving authority shall include, but not be limited to, the following for all units:

  1. Windows. To meet the required ambient noise level in living areas, all windows within 65 CNEL contours, both fixed and openable, shall be required to consist of either doublestrength glass or double-paned glass. The number of windows facing the railroad should be minimized. All windows facing sound waves generated from the railroad shall be manufactured and installed to specifications that prevent any sound from window vibration.

  2. Doors. Doors shall be acoustically designed with gasketed stops and an integral drop seal.

  3. Roofs and Ceilings. Special insulation or design features may be required for roofs and/or ceilings to meet the required interior ambient noise level.

  4. Walls. Exterior walls of living areas shall be of a special type of construction and/or include special insulation, depending on the maximum ambient noise levels generated at any time.

• V. Laundry. Laundry facilities shall be provided in accordance with Section 17.04.220(C)(8).

• W. Security. The development shall be constructed and designed to include the use of fencing, electronic gates, visitor call system and/or such features necessary to provide adequate security.

(Prior code § 27-33.14; Ord. 21-1722 § 2)

For commercial portions of the property, the following standards shall apply:

• A. Parking Facilities. Parking shall be provided on-site and developed in a manner prescribed in Chapter 17.03 , Article II; such facilities shall provide for not less than one automobile parking space for each 250 square feet of gross floor area unless a different parking requirement is specified in 17.03.040 or is determined as provided in Section 17.03.030(A) .

• B. Building Use. All uses shall be conducted wholly within a building, except for parking facilities.

• C. Loading Space. Adequate off street loading and unloading space for the use maintained shall be provided so that in no case shall any part of a street be used as a loading or unloading area.

• D. Signs. Signs for this article shall be regulated by Chapter 17.03 , Article III.

• E. Building Height.

  1. Buildings under two stories in height shall have a side, rear and front yard setback of 15 feet, and any part of the required yard areas may be used for at-grade parking with a minimum landscaped area of five feet adjacent to and running along the length of the property line, except where driveways exist.

  2. Buildings over two stories in height shall be constructed pursuant to a conditional use permit, and may have larger front, side, and rear yard setback requirements.

• F. Landscaping.

  1. Theme trees shall be of a size, species, number, and location determined by the Director.

  2. All landscaped areas shall be provided with an automatic irrigation system.

  3. The landscaping plan shall show the location of groundcover, trees, shrubs, walks and any other decorative features. The plan shall clearly identify all plants by their botanical and common names, and indicate the location, number, and container size of all plants.

• G. Fencing. Decorative block fencing shall be provided as determined by the Director. (Prior code § 27-33.15; Ord. 21-1722 § 2)

If the City determines that consultant services are necessary to evaluate the environmental impact of or to a proposed or existing use, the City may retain an expert consultant or consultants to study and report on the compliance or noncompliance of the proposed or existing use with required standards, and to advise how a proposed or existing use, if found to be at variance, can be brought into compliance with standards. Such consultants shall be fully qualified to give the required information, and shall be persons or firms mutually agreeable to the Director and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the City shall select the consultant. The cost of the consultant's services shall be borne by the owner of the use in question, and the owner shall file with the City a bond in an amount not to exceed $5,000 to guarantee payment of such costs. The owner or operator of the use in question shall be required to comply with any reasonable request for information considered useful by the consultant(s) in determining the environmental impact of a proposed or existing use. Failure to provide any required bond or information shall constitute a violation of this code and shall constitute cause for denying approval of a precise development plan application or other City permits. (Prior code § 27-33.16; Ord. 21-1722 § 2)

Occupancy shall be withheld unless a bond, not to exceed $10,000, shall be filed with the City to guarantee that all acoustical standards and acoustical requirements set forth in this chapter are met; and a final investigation; and acoustical tests shall be made prior to final approval to determine compliance.

(Prior code § 27-33.17; Ord. 21-1722 § 2)