Article IX — Specific Plan Area No. 9

Specific plan area No. 9 applies to the area bounded on the north by the Metropolitan State Hospital site, on the east by the IBM site, on the south by Imperial Highway, and on the west by single-family dwellings which front on Volunteer Street, as depicted on Exhibit "A."

EXHIBIT "A" AREA MAP SPECIFIC PLAN AREA NO. 9

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(Prior code § 27-39.1; Ord. 21-1722 § 2)

This specific plan area is an instrument for guiding, coordinating and regulating development as authorized in Article 8 of Chapter 3 of the State Planning and Zoning Law. In the specific plan area zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used, except as hereinafter specifically provided and allowed by this chapter and by other relevant chapters of the Norwalk Municipal Code. (Prior code § 27-39.2; 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 § 27-39.3; Ord. 21-1722 § 2)

The basic objectives of this plan are to:

• A. Provide a secure, quiet environment for residential 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.

• (Prior code § 27-39.4; Ord. 21-1722 § 2)

In order to achieve the foregoing objectives, the following policies shall be applied in designing, managing, and regulating development 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 adjacent residential and commercial properties and to motorists and pedestrians on the bounding arterial street.

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

• C. A substantial landscaped setback shall be provided adjacent to Imperial Highway and shall include mounds, decorative fencing and a substantial amount of trees shrubs and groundcover 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 on-site.

• 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 § 27-39.5; Ord. 21-1722 § 2)

The map entitled "Illustrative Plan/Specific Plan Area No. 9" is adopted as part of this specific plan area and is attached as Exhibit "B." This illustrative plan represents a concept for implementation of the objectives, policies, standards and regulations of this specific plan area, and is not necessarily intended to serve as a guide for development.

EXHIBIT "B" ILLUSTRATIVE PLAN SPECIFIC PLAN AREA NO. 9

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(Prior code § 27-39.6; Ord. 21-1722 § 2)

In the specific plan area No. 9 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. Townhouse condominiums;

• B. Accessory Uses:

  1. Swimming pools,

  2. Spa,

  3. Recreational rooms,

4. Garages;

C. Sewage pump facility. (Prior code § 27-39.7; 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 accordance with the procedures set forth in Chapter 17.02 , Article I of the Norwalk Municipal Code. (Prior code § 27-39.8; Ord. 21-1722 § 2)

The maximum density allowed shall be determined by plans and designs that meet all open space, parking, setback and dwelling unit area requirements, with consideration given to the height of the building(s), whether parking is attached to each unit, grouped or provided underground, and other design features of the proposed development. (Prior code § 27-39.9; Ord. 21-1722 § 2)

The following standards shall apply:

• A. Open Space. An area equal to 20% of the area of the site shall be provided as open space. Parking areas, driveways and the required front yard setback area shall not be included in the calculation of required open space.

  1. Private open space in the form of a patio shall be provided adjacent to each dwelling unit. Patios located between a dwelling unit and an exterior property line shall contain a minimum of 200 square feet. Patios within the interior of the development must contain a minimum of 150 square feet. All patios shall be fenced in a manner acceptable to the Director of Community Development.

  2. Common open space for active recreational purposes shall contain a minimum of 7,000 square feet and shall maintain a minimum dimension of at least 25 feet in every direction.

  3. Pedestrian circulation shall be provided on-site so as to link residences with common activity areas and private recreation areas. All walkways shall be a minimum of four feet wide and shall be constructed of brick, stone, pebble aggregate concrete or decorative type paving.

• B. Setbacks.

  1. All buildings shall maintain a setback of 25 feet from the property line adjacent to Imperial Highway. Patio covers and similar structures may encroach 10 feet into this required setback area, and walls and/or fences not exceeding eight feet in height may be set back 10 feet from the property line. This setback area shall be landscaped as set forth in Section 17.09.1150 .

  2. Habitable structures shall maintain a setback of at least 15 feet from the northerly (rear) and easterly (side) property lines.

  3. No structures shall be located between the westerly (side) property line and the eastern boundary of the vehicular access easement between Imperial Highway and the

Metropolitan State Hospital site.

• C. 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.

• D. Distance Between Structures. There shall be a minimum distance of 10 feet between detached structures.

• E. Maximum Building Height. No building or structure shall exceed two and one-half stories or 35 feet in height, whichever is less. Residential structures equipped with elevators may exceed the permitted height limit if the Planning Commission determines that adequate building setbacks have been provided.

• F. Size and Mix of Dwelling Units. To promote quality development and a variety of housing opportunities, the development shall feature two or more different floor plans ranging in size from 1,100 square feet to 1,500 square feet, excluding garages, patios and balconies. The number of units representative of each different floor plan shall comprise between 20% and 60% of the total number of dwelling units within the development.

. To promote quality development and a variety of housing opportunities, the development shall feature two or more different floor plans ranging in size from 1,100 square feet to 1,500 square feet, excluding garages, patios and balconies. The number of units representative of each different floor plan shall comprise between 20% and 60% of the total number of dwelling units within the development.

• G. Architecture. All roof surfaces visible from ground level shall consist of red tile, thick butt asphalt shingles which closely resemble shakes, or other comparable material which may be approved by the Community Development Director. All roofs shall be Class A fire rated.

• H. Access and Circulation.

  1. Access from Imperial Highway into the development shall be located near the easterly property line, as depicted on Exhibit "A." Left turns onto and right turns from Imperial Highway shall be prohibited at this location.

  2. All driveways within the development shall be at least 26 feet wide and shall be designed to support a 17 ton fire truck. Entrances and walkways shall be paved or surfaced with a decorative material such as brick, pebble aggregate or Bomanite.

  3. A 26 foot wide easement for vehicular ingress and egress between Imperial Highway and the Metropolitan State Hospital site shall be provided along the westerly edge of the property. This easement shall also provide secondary access to the development. The precise location of the easement shall be determined in conjunction with the approval of the tentative tract map and the precise development plan. The easement should meander so as to allow the provision of landscaping and open parking areas on both sides of the easement. The easement shall be unproved in accordance with the criteria for driveways within the development. Left turns from Imperial Highway shall be prohibited at this location.

• I. Parking.

  1. There shall be at least two parking spaces within a garage for each dwelling unit, and one guest parking space for each three 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 homeowner's association or other entity for the purpose of providing additional space for recreational vehicles that otherwise might be parked in visitor parking areas. These storage spaces need not be provided if the development's CC&Rs prohibit recreational vehicle parking and storage on-site.

  2. Enclosed parking spaces shall be at least 10 feet wide by 20 feet deep. Uncovered parking spaces shall be at least nine feet wide by 18 feet deep, or 10 feet wide if located adjacent to a wall, fence or building.

  3. No parking spaces may be located within the required setback area adjacent to Imperial Highway.

  4. All garage parking spaces shall be concrete; driveways leading thereto shall be constructed of asphalt or concrete.

  5. All parking spaces shall be arranged so that cars are not required to back onto Imperial Highway.

  6. Tandem parking shall be prohibited.

• J. Walls and Fences. All walls and fences constructed on the site shall be of similar design, color and material. Walls and/or fences shall be constructed along the perimeter of the site and shall be treated with an anti-graffiti coating approved by the City Engineer. All walls along the exterior property lines shall be of solid construction, except that the access gates to the Metropolitan State Hospital site may be of open construction. The design and location of walls and fences, including walls surrounding trash areas and the sewage pump facility, shall be approved by the Community Development Director.

• K. Landscaping.

  1. A landscape and irrigation plan for the development shall be prepared by a licensed landscape architect. The plan 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. The plan shall be reviewed and approved by the Community Development Director.

  2. A minimum of one specimen tree shall be provided for each dwelling unit within the development. The species of such trees shall be approved by the Community Development Director.

  3. The number, size, location and species of theme trees shall be approved by the Community Development Director.

• L. Storage.

  1. All outdoor storage areas, including refuse storage sites, 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.

  2. Refuse storage areas shall be conveniently located throughout the development.

  3. A minimum of 180 cubic feet of storage area shall be provided for each unit. The storage area shall be located within the garage unless otherwise approved by the Community Development Director.

• M. Ceiling and Wall Soundproofing. Soundproofing between dwelling units shall be provided in accordance with the provisions of Section 17.04.220(C)(6) of the Norwalk Municipal Code.

• N. Retention of Control and Maintenance of Common Areas and Facilities.

  1. When a precise development plan and a tentative tract map which provide for multiple ownership of common spaces, common parking areas, and/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 of the common areas in the instance that a homeowner's 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.

• O. 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.

• P. Signs. The provisions of Chapter 17.03 , Article III of the Norwalk Municipal Code shall apply to this area.

• Q. Mechanical Equipment.

  1. 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.

  2. Air Conditioning and Filtration Systems.

     • a. Equipment shall be permitted on the roof only if the buildings are specifically designed to accommodate such equipment, and the unit(s) are not visible or audible from an adjacent property, structure or street. Plans for the installation of such rooftop equipment shall be reviewed and approved by the Director of Community Development.

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

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

     • d. To reduce the noise and visual impacts of the units, all equipment shall be screened in a manner acceptable to the Director of Community Development.

     • e. Units shall be carefully sited so as to minimize noise impacts on adjacent properties. The ARI sound rating numbers of any air conditioning unit shall be 8.0 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 all preceding standards, except subsections (O)(2)(c) and (f) of this section.

  3. Solar Energy Systems. Solar energy systems, if installed, shall be designed so as to be an integral part of the roof on which they are mounted. Installation of solar energy systems shall be in accordance with the provisions of the Planning Commission policy statement No. 25.

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

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.

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

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

3. 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.

Occupancy shall be withheld or 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.

• S. Laundry Facilities. Laundry facilities shall be provided within each unit.

• T. Security. The design and the condominium development shall include fencing, electronic gates, a visitor call system and/or other features necessary to provide adequate security. The location of access gates, if proposed, shall be reviewed and approved by the Directors of Community Development and Public Services.

• U. Sewage Pump Facility. The existing sewage pump facility shall be maintained. The facility shall be surrounded by an opaque wall or fence; any access gates shall also be of opaque material. If necessary to attenuate noise or odors, the developer shall investigate the feasibility of roofing the enclosure. Landscaping shall be installed along the perimeter of the enclosure.

• (Prior code § 27-39.10; 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 provide the required information and shall be persons or firms mutually agreeable to the Director of Community Development 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 or developer of the property in question, who shall file with the City a bond in an amount not to exceed $10,000 to guarantee payment of such costs.

The owner or developer of the use in question shall be required to comply with any reasonable request for information considered useful by the consultant in determining the environmental impact of a proposed use. Failure to provide any required bond or information shall constitute a violation of this code and shall constitute cause for denying a precise development plan application or other City permits.

(Prior code § 27-39.11; Ord. 21-1722 § 2)

In order to equitably and effectively protect public health, safety, morals and general welfare of the community in conjunction with development and use of the specific plan area property, compliance with other applicable provisions of the Norwalk Municipal Code shall be required as deemed appropriate.

(Prior code § 27-39.12; Ord. 21-1722 § 2)