Item No. 2.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY MANAGER
BY:IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE:MAY 26, 2026
SUBJECT:ZONING TEXT AMENDMENT – VARIOUS CITYWIDE UPDATES TO ARTICLE IX (LAND
USE) OF THE DOWNEY MUNICIPAL CODE
EXECUTIVE SUMMARY
The City Council will consider approving a City-initiated Zoning Text Amendment to amend various sections of Article IX (Land Use) of the Downey Municipal Code. The proposed amendments are intended to improve code clarity, streamline project review processes, ensure consistency with State and federal laws, and update specific development standards and procedures. Staff recommends that the City Council approve the proposed Zoning Text Amendment because all required findings can be supported as presented in the ordinance.
RECOMMENDATION
That the City Council:
Introduce an Ordinance amending Article IX of the Downey Municipal Code, a City-initiated Zoning Text Amendment relating to various sections of the Downey Municipal Code.
BACKGROUND
In 2008, the City comprehensively updated Article IX (Land Use) of the Downey Municipal Code. Since that time, the Zoning Ordinance has been periodically amended to address changing land use practices, improve service delivery, clarify regulations, and ensure compliance with State law.
The proposed Zoning Text Amendment (ZTA) includes updates to comply with various state/federal regulations, modernize portions of the Zoning Ordinance, streamline review processes, clarify ambiguous provisions, and support efficient service delivery while maintaining neighborhood compatibility.
ANALYSIS
Staff has identified several opportunities to update the Zoning Ordinance to maintain consistency with evolving State laws and current land use practices while improving administrative efficiency. Many of the proposed amendments are administrative or clarifying in nature and are intended to improve consistency, usability, and implementation of the Zoning Ordinance. Attachment A, includes a comprehensive list of all the proposed amendments. For ease of discussion, staff has grouped the amendments into the following four categories:
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Collectively, these amendments represent a proactive effort to modernize and maintain the Zoning Ordinance so it remains responsiveness to evolving regulatory requirements, development practices, and community expectations.
A summary of the amendments within each category is provided below.
1. Amendments to Comply with State and Federal Laws:
The proposed amendments include revisions required to comply with Senate Bill 450, the State Density Bonus Law, the Federal Fair Housing Act, and Housing Element Law requirements. Examples of the proposed amendments include:
SB 450. Removes requirements for SB9 developments to ensure consistency with State law, including provisions related to landscaping, construction noticing, and LEED certification, among others.
Density Bonus Law. Updates definitions, application review requirements, and review procedures for density bonus requests for housing development projects in compliance with the State Density Bonus Law.
Federal Fair Housing Act. Updates the definition for ‘senior citizen’ to be consistent with the Federal Fair Housing Act age limit, reducing the qualifying age from 62 years to 55 years for certain senior citizen housing developments.
State Law - Housing & AFFH. Updates the definition of residential care facilities (small and large) to remove age specifications in compliance with Housing Element Law and Affirmatively Furthering Fair Housing requirements.
2. Amendments to Streamline Review Processes:
The amendments also streamline review processes for projects with lower land use impacts by applying the quicker and less costly Administrative Review process for certain projects and uses. Examples of the proposed amendments include:
Change from Planning Commission to Administrative Review Special Event Permit for events taking place on private property with 500 or more attendees; Planned Sign Programs for commercial center with three or more tenants; Minor Site Plan Review instead of Site Plan Review for non-residential projects that consist of new construction less than 5,000 sq. ft., where the project does not require a Conditional Use Permit or a Variance and is exempt from CEQA or expansion of existing buildings less than 20% of existing footprint, where the addition does not require a Variance; and Minor Site Plan Review instead of Site Plan Review for residential development projects containing less than 10 units, as well as multi-family or mixed use development projects that are exempt from CEQA and fully comply with the Objective Design Standards, including those within Housing Overlay Zones 1 and 2.
Minor Conditional Use Permit instead of Conditional Use Permit to allow certain low-impact commercial recreational uses such as dance studios, health and fitness clubs, boxing gyms, facilities equipped and used for sports training and conditioning, podcast recording studios, pilates studios, and similar uses to support small business flexibility and encourage adaptive reuse of commercial spaces.
Administrative Permit review for non-residential uses, requesting parking reductions of up to 20 percent when strict parking compliance is impractical subject to meeting certain findings, providing flexibility for tenant improvements and reuse of existing commercial properties. These requests are currently subject to Variance application requests.
The proposed amendments for the listed uses above would provide cost savings and time efficiencies for applicants because:
Administrative Reviews do not require a public hearing before the Planning Commission;
Notification radius requirements for these low-impact uses would be reduced from 500 feet to 100 feet, and Applicable processing fees would be reduced as follows:
While the review authority may change for certain eligible projects, all applicable development standards, operational requirements, interdepartmental review, findings of fact, and conditions of approval would continue to apply, ensuring the City’s established review standards and neighborhood compatibility protections are maintained.
3. Amendments to Provide Clarifications:
These amendments are proposed to remove ambiguities and provide clarifications. Examples of the proposed amendments include:
Clarify procedures and standards for Administrative Permits, second-story setbacks, and remove outdated time limits for nonconforming uses to ensure more consistent implementation of the Zoning Ordinance.
Revise terminology, references, and other non-substantive provisions throughout the Zoning Ordinance to improve clarity, consistency, readability and clarifying zoning clearance, including provisions related to recreational equipment, short-term rentals, legislative and quasi-judicial hearings, flat roofs, and Zoning Clearances, to improve readability and implementation of zoning regulations and procedures.
Clarify administrative authority and staff titles throughout the Zoning Ordinance by updating references to the “City Planner” to the “Community Development Director” or designee, consistent with the City’s current organizational structure and Municipal Code definitions.
4. Amendments relating to quality of life and flexibility in development standards:
The following amendments are also proposed to improve neighborhood compatibility, provide clearer residential development standards, and maintain flexibility for homeowners. Examples of the proposed amendments include:
Consistent with conditions that have been imposed by the Planning Commission on recent development projects, construction activities within 500 feet of residential uses would be limited to 7:00 a.m. to 7:00 p.m.., Monday through Saturday, with no construction permitted on Sundays or federal holidays, unless authorized through a Temporary Use of Land Permit.
Minor revisions to single-family residential development standards include:
Provide flexibility for residential mechanical equipment placement by reducing the required side and rear yard setback for mechanical equipment from 5 feet to 4 feet while maintaining Fire Department access requirements.
Provide flexibility in residential front yard design by allowing decorative pilasters, columns, and light fixtures to exceed the current 42-inch height limit within the front yard.
Clarify that recreational equipment (i.e. RVs, Toy Hauler, Trailers) storage is prohibited within the front yard and establishing clearer garage access standards to support neighborhood aesthetics, reduce visual clutter, and maintain functional access to required parking areas.
Establishing a process for removal of prevailing setbacks when 51 percent or more of affected property owners consent allowing flexibility to address changing development patterns while incorporating direct property owner input.
Reducing the maximum circular driveway vertex from 15 feet to 10 feet to help minimize excessive paving within front yards, maintain neighborhood character, and support improved landscaping opportunities.
The proposed amendments support the City’s goals of maintaining compliance with state law, improving predictability and clarity in land use regulations, streamlining project approvals, and continuing to provide efficient, responsive, and business friendly development services while preserving neighborhood compatibility protections.
Collectively, the amendments are intended to modernize the Zoning Ordinance while maintaining clear development standards and supporting efficient service delivery to residents and businesses.
ENVIRONMENTAL ANALYSIS
The proposed zoning text amendment (PLN-26-00019) is not subject to the California Environmental Quality Act (CEQA), and is categorically exempt from CEQA, pursuant to Section 15061(b)(3) Common Sense Exemption of the CEQA Guidelines. The proposed amendments fall within the general rule that CEQA only applies to projects with the potential to cause a significant effect on the environment. The proposed amendment would add clarity and consistency to development standards, terms and definitions, establish consistency with state law, streamline processing approval processes, and establish consistency with state regulations, The proposed amendments would not have a significant effect on the environment and, therefore, not subject to CEQA.
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
Economic Vibrancy
BOARD/COMMISSION/SUBCOMMITTEE ACTION
Pursuant to Section 9832.04 of the Downey Municipal Code, the Planning Commission is required to make a recommendation to the City Council to approve or deny the proposed amendment. On May 6, 2026, the Planning Commission considered PLN-26-00019 and adopted Resolution No. 26-4063 recommending approval of the proposed Zoning Text Amendment to the City Council by 5-0 vote.
FISCAL IMPACT
Approval of the recommended action will result in an estimated revenue decrease in the amount of $61,098 within the General Fund Account No. 10-3-6130.
Attachments
Attachment A - Summary of Proposed Zoning Text Amendments Table.pdf Attachment B - City Council Draft Ordinance for Zone Text Amendment.pdf Attachment C - Planning Commission Resolution No. 26-4063 with its Exhibit A – Draft City Council Ordinance.pdf Attachment D - Planning Commission Staff Report 5 6 26.pdf
PLN-26-00019 1 of 6
Ordinance
Section Summary of Amendments Section Reference (§)Amendment Type
4 Clarify to reflect current review structure; clarify the review authority of the Community Development Director or his/her designee to reflect currenty organizational structure; clarify reference to the “Director”; replace City Planner with Director to reflect current Department structure. § 9112.02. COMMUNITY DEVELOPMENT
DIRECTOR AUTHORITY. 3
5 Clarify section heading & reference to the Planning Commission hereinafter; modify City Planner to Director.
§ 9112.04. PLANNING COMMISSION AUTH
ORITY. 3
6 Clarify Article IX does not apply to City acts in a governmental or in a proprietary capacity.
§ 9116. INTERPRETATION OF
REGULATIONS 3
7 City Planner to Director
§ 9120. DEFINITIONS – GENERAL PROVISI
ONS. 3
8 Update definitions for commercial recreation (regular and minor); modify City Planner to Director.§ 9126 (“C” Definitions) 2,3
9 Clarify Definitions for Decorative Masonry Wall; Density Bonus Program Guidelines; Design Guidelines; and Development Plan § 9128 (“D” Definitions) 1,2,3 10 City Planner to Director § 9144 (“L” Definitions) 3
11 Clarify Definitions for Recreational Vehicle; Recreational Vehicle Storage Lot; Residential Care Facility, Large; Residential Care Facility, Small; and Roof, Flat.
§ 9156 (“R” Definitions) 1,3,4
12 Clarify Definitions for Senior Citizen; Shopping Center-Major Regional; Short- Term Rental; Sign, Abandoned, Sign, Illegal, Sign, Marquee, Sign, Monument, Sign, Primary; Sign, Projecting; Site Plan Review; Site Plan Review, Minor; and Special Event.
§ 9158 (“S” Definitions) 1,3,4
13 City Planner to Director § 9204. ENFORCEMENT. 3
14 City Planner to Director § 9208. PERMIT PROCEDURES. 3 15 City Planner to Director § 9210. CERTIFICATES OF OCCUPANCY. 3 16 City Planner to Director
§ 9216. INTERPRETATION AND ENFORCE
MENT PROCEDURES. 3
17 Add language that clarifies that the Director may forward applications to the Planning Commission for interpretation in accordance with the provisions established by this chapter; Modify City Planner to Director. § 9306. INTERPRETATION OF ZONE BOUN
DARIES. 2,3
18 Duplex dwellings require Minor Site Plan Review instead of Site Plan Review in R-3 and R3O zones; clarify applicable reference for two-unit projects; remove outdated references.
§ 9312.06. RESIDENTIAL ZONES USE REG
ULATIONS. 2, 3
19 Delete Site Plan Review from Development Standards Table; add footnote language for second-floor setbacks when existing setbacks are nonconforming; add new subsection applying Objective Design Standards to qualifying multifamily development; add language regarding privacy development standards; delete Site Plan Review subsection requiring review in the R-3 and R-3-O Zones, consistent with Tables 9.3.3 and 9.3.4; revise regulations related to recreational equipment in the R-1 and R-2 Zones; revise Two Unit Development regulations throughout to conform with current State law, including applicability of R-1 development standards, timeline requirements, and removal of certain covenant, noticing, and owner- occupancy requirements.
§ 9312.08. RESIDENTIAL ZONES
PROPERTY DEVELOPMENT STANDARDS. 2,3
20 Correct typographical error
§ 9314.04. COMMERCIAL ZONES USE REG
ULATIONS. 3
21 Revide commerical land use chart by removing deuplicative entry referring Site Plan Review; modify outdoor diniing approval from Minor CUP to Minor Site Plan; Modify City Planner to Director.
§9314.06. COMMERCIAL ZONES PROPERT
Y DEVELOPMENT STANDARDS. 2,3
22 Correct typographical error; City Planner to Director. § 9316.06. MIXED-
USE ZONE PROPERTY DEVELOPMENT ST
ANDARDS.
3 23 Remove ourdared process reference (Site Plan Review) from use chart;City Planner to Director.
§ 9318.06. MANUFACTURING ZONES
PROPERTY DEVELOPMENT STANDARDS. 3
24 City Planner to Director
§ 9324.04. APPLICABILITY. (Planned Unit
Development)3
25 City Planner to Director
§ 9326.04. APPLICABILITY. (BioMedical
Overlay Zone)3
26 City Planner to Director
§ 9326.12. APPLICATION REVIEW. (BioMedi
cal Overlay Zone)3
Amendment Types Legend
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Attachment A
PLN-26-00019 2 of 6
Ordinance
Section Summary of Amendments Section Reference (§)Amendment Type
27 City Planner to Director
§ 9404.06. DEVELOPMENT STANDARDS. (A
utomobile, Motorcycle, and Light Truck Sales)3
28 City Planner to Director
§ 9406.06. APPROVALS. (Drive-In
Businesses)3
29 City Planner to Director
§ 9408.06. REQUIRED PERMITS. (Home
Occupations)3
30 City Planner to Director
§ 9408.08 CONDITIONS. (Home
Occupations)3
31 City Planner to Director
§ 9408.10. PROHIBITED HOME OCCUPATIO
NS. 3
32 City Planner to Director
§ 9410.06. CONTINUATION OF A NONCONF
ORMING USE OR LOT. 3
33 Delete outdated timelines for discontiuance of nonformities. In any zone, any nonconforming use, building, or structure may be ordered terminated by the Council within a period of time less than specified above upon a finding that such use constitutes a nuisance or a danger to the public health, safety, or general welfare that necessitates a lesser amortization period. § 9410.08. ELIMINATION OF A NONCONFO
RMING USE OR STRUCTURE. 3
34 City Planner to Director
§ 9410.12. ADDITIONS, ENLARGEMENT, AN
D REMODELS. 3
35 City Planner to Director
§ 9418.12. OCCUPANCY. (Senior Citizen
Housing Developments)3
36 Revised to reflect current review procedures, including review of events by Fire, Planning, Building and Police.
§ 9420.02. INTENT AND PURPOSE. (Special
Events)3, 4
37 Director may use discretion to forward the SEP to Planning Commission; clarified all reviewing departments; City Planner to Director. § 9420.04. REVIEW PROCESS. (Special
Events)2
38 Claridy code to reflect current practice - notification required 10 days in advance of the event date to property owners within a 100 foot radius. Clarify specific submittal requirements.
§ 9420.06. GENERAL REQUIREMENTS. (Sp
ecial Events)3,4
39 City Planner to Director
§ 9420.08. SPECIAL CENTERWIDE
EVENTS.3
40 City Planner to Director
§ 9420.10. TEMPORARY OUTDOOR SALES
BY INDIVIDUAL BUSINESSES.3
41 City Planner to Director
§ 9420.14. CHRISTMAS TREE AND
PUMPKIN SALES FACILITIES.3
42 Remove ambiguity regarding appeal authority to the Planning Commision § 9420.16. CERTIFIED FARMERS'
MARKETS.3
43 Correct typographical error; City Planner to Director. § 9420.18. SPECIAL OUTDOOR EVENTS –
NONRESIDENTIAL ZONE.3
44 City Planner to Director
§ 9420.20. SPECIAL OUTDOOR EVENTS –
RESIDENTIAL ZONES OR LAND USES.3
45 City Planner to Director
§ 9420.22. GARAGE, YARD, MOVING, AND
ESTATE SALES.3
46 City Planner to Director
§ 9424.04. GENERAL STANDARDS.
(Temporary Uses and Structures)3
47 City Planner to Director
§ 9424.06. SPECIFIC STANDARDS.
(Wireless Communications Facilities)3
48 City Planner to Director
§ 9426.04. DEVELOPMENT REGULATIONS.
(Wireless Communications Facilities)3
49 City Planner to Director § 9426.10. SATELLITE DISH ANTENNAS. 3 50 Reduce the minimum separation distance between emergency shelter facilities from 500 feet to 300 feet to comply with State law. § 9430.04. EMERGENCY SHELTER
STANDARDS AND REGULATIONS.1
51 Clarify no mechanical equipment to include but not limited to; or utility equipment such as electrical panels, water meter or gas meter. Reduce setback from 5 to 4 feet.
§ 9504. AIR CONDITIONING, MECHANICAL
ROOF, AND UTILITY EQUIPMENT.4
52 City Planner to Director
§ 9510.08. APPLICATION FOR
CONVERSION. (Conversion of Residential
Buildings to Multiple Ownership)
3 53 Minor formatting revisions
§ 9510.14. CORRECTION OF
DEFICIENCIES. (Conversion of Residential
Buildings to Multiple Ownership)
3 Amendment Types Legend
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Attachment A
PLN-26-00019 3 of 6
Ordinance
Section Summary of Amendments Section Reference (§)Amendment Type
54 City Planner to Director
§ 9510.16. MAINTENANCE FUND.
(Conversion of Residential Buildings to
Multiple Ownership)
3 55 City Planner to Director
§ 9510.18. FINAL INSPECTION REPORT.
(Conversion of Residential Buildings to
Multiple Ownership)
3 56
In case of conflict between the following requirements and the State Density Bonus Law, the State Density Bonus Law, as amended, shall prevail.; Government Code Section 65915 et seq., as amended; remove pro forma submittal and review cost requirement to complate with State law. § 9512.22. APPLICATION REQUIREMENTS.
(Density Bonus)1,2,3
57 Revise site plan review requirement to Administrative Permit requirement for synthetic turf and clarify that public right of way, parkway areas requires separate approval from the Public Works Department; Modify City Planner to Director.
§ 9520.04. LANDSCAPING
REQUIREMENTS.2,3
58 City Planner to Director
§ 9520.06. OUTDOOR LIGHTING. (General-
in all zones)3
59 Solid masonry pilasters, columns, posts, and similar architectural features may exceed the 42-inch height limit by six inches within the required front yard or street-side setback, provided certain criteria are met; Allow two light fixtures mounted on pilasters/ columns to extend up to 12 inches above the maximum permitted height if no light/glare impact to the surrounding property and Right-of-way.
§ 9520.08. GENERAL WALL, FENCE, AND
HEDGE REGULATIONS.4
60 City Planner to Director
§ 9530.08. MONITORING AND
ENFORCEMENT. (Transportation Demand
Management)
3 61
Add language establishing a process for the removal of prevailing setbacks on a case-by-case basis. The amendment establishes that front yard setbacks shall not be reduced below 20 feet and requires applicants requesting removal of a prevailing setback to submit an application, supporting documentation, maps of affected properties, property owner signatures, and applicable fees, subject to Site Plan Review. The amendment also establishes a notification and consent process requiring approval from at least 51% of affected property owners within 30 days prior to Planning Commission consideration, provides for appeal of the Planning Commission’s decision, and authorizes the Director to make determinations in cases of ambiguity.
§ 9534.18. PREVAILING SETBACKS. 4
62 Modify code to allow extension of existing building lines for additions or minor building modification for alignment purposes as long as minimum side yard setback of five (5”) feet is provided and the extension does not exceed 50 percent of the length of the existing side wall of the existing building, via building permit plan check process; City Planner to Director. § 9534.20. MODIFICATION OF REQUIRED
SETBACKS.2
63 Removing conflicting separation requirement for detached accessory buildings. 5-foot separation between buildings on the same lot will continue to be required.
§ 9534.22. DETACHED ACCESSORY
BUILDINGS IN SETBACK AREAS.3
64 Modify code to be consistent with conditions that have been imposed by the Planning Commission on recent development projects, construction activities within 500 feet of residential uses would be limited to 7:00 a.m. to 7:00 p.m.., Monday through Saturday, with no construction permitted on Sundays or federal holidays, unless authorized through a Temporary Use of Land Permit. § 9536. LIMITATIONS ON CONSTRUCTION
NOISE.4
65 City Planner to Director § 9608. GENERAL PROVISIONS. (Signs) 3 66 City Planner to Director § 9610.02. SIGN PERMIT REQUIRED. 3 67 Planning Sign Program review authority changed from Planning Commission to Administrative Permit in order to expedite review and lower application costs; Modify City Planner to Director.
§ 9610.04. PLANNED SIGN PROGRAM. 2,3
68 City Planner to Director
§ 9610.06. FINDINGS FOR APPROVAL OF
PLANNED SIGN PROGRAM.3
69 City Planner to Director § 9612. EXEMPT SIGNS.3
70 City Planner to Director §9614.04. PROHIBITED LOCATIONS. (Signs) 3 71 City Planner to Director § 9618.02. SIGNS BY ZONE.3
Amendment Types Legend
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Attachment A
PLN-26-00019 4 of 6
Ordinance
Section Summary of Amendments Section Reference (§)Amendment Type
72 City Planner to Director
§ 9618.06. SPECIAL EVENTS AND
TEMPORARY SIGNS.3
73 City Planner to Director § 9620.08. SIGNS NEAR FREEWAYS.3 74 City Planner to Director § 9622. BILLBOARDS (OFF-SITE SIGNS).3 75 City Planner to Director
§ 9624. LIGHTING AND DESIGN
STANDARDS. (Signs)3
76 City Planner to Director § 9626. ENFORCEMENT. (Signs)3 77 City Planner to Director
§ 9718. IMPROVEMENT OF PARKING
AREAS.3
78 Reducing the maximum circular driveway vertex from 15 feet to 10 feet to help minimize excessive paving within front yards, maintain neighborhood character, and support improved landscaping opportunities; Modify City Planner to Director.
§ 9728. MISCELLANEOUS
REQUIREMENTS. (Parking)3, 4
79 Add zoning clearance to the table to reflect current review practices; remove outdated refernce to density bonus from table; Modify City Planner to Director. § 9802. REVIEW BODIES AND
RESPONSIBILITIES.1, 2, 4
80 Clarify the difference between legislative (i.e. City Council) and quasi-judicial (i.e. Planning Commission) public hearings.
§ 9804.02. INTENT AND PURPOSE. (Public
Hearing)3
81 Minor clarifying edits. § 9804.04. APPLICABILITY. (Public Hearing) 3 82 Clean-up for consistency; require public hearing notices to be sent to occupants of properties (in addition to property owners); remove requirement of name and address of persons testifying at public hearings to become part of the project case file; City Planner to Director.
§ 9804.06. PROCEDURES. (Public Hearing) 3, 4
83 Change terminology from Administrative to Quasi-judicial for consistency.
Other minor clarifying edits.
§ 9804.08. FINDINGS, DETERMINATIONS,
AND APPEALS. (Public Hearing)3
84 City Planner to Director § 9806.02. INTENT AND PURPOSE. (Appeal) 3 85 City Planner to Director § 9806.04. PROCEDURES. (Appeal) 3 86 Minor formatting edits. § 9808. REAPPLICATION. 3
87 Revise code to add a procedure for refunds requests due to application withdrawals: In the case of an application withdrawal, the Director may authorize a partial refund based upon the costs incurred to date and determination of the status of the application at the time of withdrawal. § 9810. APPLICATION WITHDRAWAL. 4
88 Minor clarifying clean-up
§ 9814.02. INTENT AND PURPOSE.
(Administrative Permit)3
89 Add language that clarifies that the Director may forward applications to the Planning Commission; allow up to a 20% reduction in required parking for nonresidential uses through a Administrative review process providing flexibility for tenant improvements and reuse of existing commercial properties; remove Home Occupation Permit from Administrative Permit Review to reflect currrent review process; rename “Second Unit Development” to “Urban Lot Split Permit” to use terminology consistent with the State; expand qualifying Minor Site Plan projects to include: non- residential additions increasing floor area by less than 20% or new structures under 5,000 square feet, new residential projects under 10 units, multifamily projects compliant with Objective Design Standards, outdoor dining structures for restaurants, relocation of buildings, and exterior modifications; revise Minor Conditional Use Permit applicability for minor commercial recreation uses; add clarifying language related to the appeal process and appeal requirements for single-family residential development and clarify required findings for Director decisions; Modify City Planner to Director. § 9814.04. AUTHORITY OF THE CITY
PLANNER COMMUNITY DEVELOPMENT
DIRECTOR. (Administrative Permit)
2,3
90 Revise language related to application completeness; add language regarding notification of applicant, expiration of application, extension of application, and ability to request additional information related to CEQA after the application has been deemed complete; add language regarding 100 foot radius/ 10 day noticing requirements; revise language regarding appeal timelines; City Planner to Director.
§ 9814.06. PROCEDURES. (Administrative
Permit)3
91 Add a new finding of fact relating to design and materials; Modify City Planner to Director § 9814.08. FINDINGS. (Administrative Permit) 3,4 92 City Planner to Director
§ 9816.04. PROCEDURES. (Adult Use
Permit)3
Amendment Types Legend
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Attachment A
PLN-26-00019 5 of 6
Ordinance
Section Summary of Amendments Section Reference (§)Amendment Type
93 Add clarifying langauge that states that conflicts between the code and the State Density Bonus law, the State prevails; Director Director Director; Director appropriate approving authority for the proposed housing development consistent.
§ 9818.04. PROCEDURES. (Density Bonus) 1,2,3
94 Clarify/ update intent of a Site Plan Review
§ 9820.02. INTENT AND PURPOSE. (Site
Plan Review)3
95 Update site plan review the thresholds to projects that are not exempt from CEQA/ do not comply with ODS/ construction of new non-residential buildings of 5,000 sq ft or more or expansion of 20% or more to an existing building. § 9820.04. APPLICABILITY. (Site Plan
Review)2
96 Revise language related to application completeness; add language regarding notification of applicant, expiration of application, extension of application, and ability to request additional information related to CEQA after the application has been deemed complete; City Planner to Director. § 9820.06. PROCEDURES. (Site Plan
Review)3
97 Add clarifying language; remove duplicative findings; revise finding to be consistent with other similar findings related to (e) public health, safety, comfort, and general welfare.
§ 9820.08. FINDINGS. (Site Plan Review) 2,3
98 City Planner to Director
§ 9822.04. PROCEDURES. (Planned Unit
Development)3
99 City Planner to Director
§ 9822.06. FINDINGS. (Planned Unit
Development)3
100 City Planner to Director
§ 9824.04. PROCEDURE. (Conditional Use
Permit)3
101 City Planner to Director § 9826.06. PROCEDURES. (Variance)3 102 City Planner to Director
§ 9828.06. PROCEDURE. (Revocation and
Modification of Use Permit and Variance)3
103 City Planner to Director § 9830.04. PROCEDURE. (Zone Change)3 104 City Planner to Director
§ 9832.04. PROCEDURE. (Zoning Text
Amendment)3
105 City Planner to Director
§ 9834.06. PROCEDURE. (General Plan
Amendment)3
106 City Planner to Director § 9836.04. APPLICABILITY. (Specific Plan) 3 107 City Planner to Director § 9836.06. PROCEDURES. (Specific Plan) 3 108 Created new definition, reflecting existing functions and procedures for zoning code review during building/ grading permit and business license review.§ 9840. ZONING CLEARANCE.3 109 City Planner to Director
§ 9902.4. CITY PLANNER DIRECTOR.
(Subdivision Regulations- Definitions)3
110 City Planner to Director; clarify chairperson responsibilities. § 9902.11. SUBDIVISION COMMITTEE.
(Subdivision Regulations- Definitions)3
111 City Planner to Director § 9911. TENTATIVE MAPS. 3
112 City Planner to Director; clarifying clean-up § 9912. PARCEL MAPS. 3 113 City Planner to Director
§ 9920. PROCEDURE AND PRACTICE.
(Subdivision Regulations)3
114 City Planner to Director
§ 9925. REPORTS BY THE CITY ENGINEER
AND COMMUNITY DEVELOPMENT
DIRECTOR. (Subdivision Regulations)
3 115 City Planner to Director
§ 9930.2 SAME. WAIVER. (Subdivision
Regulations)3
116 City Planner to Director
§ 9933.11. SAME. SINGLE FAMILY (R-1)
ZONES LOT DESIGN. (Subdivision
Regulations)
3 117 Clarifying language regarding application completeness. § 9965.02. APPLICATION. (Urban Lot Splits) 3 118 Add timeline and deficiency list requirements for Urbal Lot Split application reviews.§ 9965.03. APPROVAL. (Urban Lot Splits) 1
Amendment Types Legend
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Attachment A
PLN-26-00019 6 of 6
Ordinance
Section Summary of Amendments Section Reference (§)Amendment Type
119
Update/ remove sections to comply with SB 450, by eliminating requirements related to height, unit size, lot access, setbacks, design, landscaping, construction noticing, and LEED certification, among others. § 9965.04. REQUIREMENTS. (Urban Lot
Splits)1
120 Eliminate the physical environment from adverse impacts for review of Urban Lot Split applications to comply with SB 450.
§ 9965.05. SPECIFIC ADVERSE IMPACTS.
(Urban Lot Splits)1
Amendment Types Legend
1. Amendments to Comply with State and Federal Laws
2. Amendments to Streamline Review Processes
3. Amendments to Provide Clarifications
4. Amendments relating to Quality of Life and Flexibility in Development Standards Attachment A
ORDINANCE NO. XX-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
VARIOUS SECTIONS OF ARTICLE IX (LAND USE) OF THE DOWNEY MUNICIPAL
CODE RELATING TO APPLICATION AND PROJECT REVIEW AUTHORITY,
PROCEDURES AND CLARIFICATIONS TO IMPROVE CODE CLARITY, STREAMLINE
PROJECT REVIEWS, ENSURE CONSISTENCY WITH STATE LAW, AND REVISIONS
TO DEFINITIONS, RESIDENTIAL DEVELOPMENT STANDARDS, CONSTRUCTION
NOISE LIMITATION, AND OTHER DEVELOPMENT STANDARDS, AS WELL AS
ADDITIONAL NON-SUBSTANTIVE CLEAN-UP EDITS
WHEREAS, the City of Downey (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, the Community Development Department routinely reviews the City’s Land Use ordinances and regulations to incorporate best practices and changes in state law, and address community needs; and
WHEREAS, City Staff has identified a number of municipal code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a more streamlined regulatory framework that also protects the health, safety, and welfare of the public; and WHEREAS, the proposed amendments to the Downey Municipal Code (DMC) support the objectives and policies of the City’s General Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 6, 2026, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of this Ordinance approving various amendments to Article IX (Land Use) of the Downey Municipal Code; and WHEREAS, on _________, 2026, a notice of public hearing by the City Council to consider this Ordinance was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on _________, 2026, to consider this Ordinance, where all interested persons were given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted findings by the City Council.
SECTION 2. The City Council has determined that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) the “common sense” exemption, where it can be seen with certainty there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 3. The City Council further finds and determines that:
Attachment B
A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed code amendment will correct typographical and grammatical errors. Additionally, the proposed amendments would bring the City’s zoning Code into compliance with current state law, and streamline the development review process while protecting the public health, safety, and general welfare.
The proposed amendment is in general conformance with the General Plan.
General Plan Policy 1.3.2 states, "Monitor and address changes in land use trends," which is implemented with General Plan Program 1.3.2.2, which states, "Adjust the codes, policies, and regulations in response to changes in land use trends." This amendment is consistent with the aforementioned General Plan policy and program since the clean-up actions will keep the code current by updating certain definitions, updating the Zoning Code to be in compliance with the state law, and providing minor clarifications or modifications, while also staying consistent with the General Plan.
SECTION 4. Section 9112.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9112.02. CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR AUTHORITY.
The City Planner Community Development Director (or his/her designee hereinafter “Director”) shall be appointed by the City Manager and shall have the following duties, responsibilities, and authority for this article, as well as other duties, responsibilities, and authority prescribed for the City Planner Director under other laws and ordinances, City regulations, and administrative provisions:
(a) The City Planner Director shall have the authority and responsibilities described and illustrated in Chapter 8 and anywhere else the City Planner Director is identified within the Downey Municipal Code.
(b) The City Planner Director's authority and responsibility may be delegated through deputies or assistants appointed by the City Planner Director for such purpose.
Therefore, any time the term "City Planner Director" is used in this article, it shall mean "City Planner Director or designee."
(c) The City Planner Director shall be responsible for determining the applicable section of this article that applies when separate provisions of this article appear to be in conflict or where other ambiguity arises regarding the definitions, standards, and regulations of this article or the Zoning Map.
(d) The City Planner Director shall render interpretations as deemed necessary to clarify and carry out the purposes and regulations of the article, as more particularly set forth in Section 9116 of this Chapter.
(e) The City Planner Director shall investigate and submit to the Commission and/or Council, as applicable, their findings on appeals where it is alleged there is an error or abuse of discretion in any order, requirement, decision, or determination made during the administration of this article.
SECTION 5. Section 9112.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9112.04. PLANNING COMMISSION AUTHORITY.
Attachment B
The Commission’s The Planning Commission's (hereinafter “Commission”) authority is derived from Article IX of The Charter of the City of Downey. With respect to this article, the Commission shall have the authority and responsibilities described and illustrated in Chapter 8 of this article and anywhere else the Commission is identified within the City of Downey Municipal Code. The Commission's primary functions are to:
(a) Review certain applications and forward recommendations to the Council. (b) Hear and decide appeals of the City Planner Director or Administrative Official decisions.
(c) In certain instances (see Chapter 8), the Commission has the authority to approve, approve with conditions or modifications, or deny certain applications as identified in Chapter 8.
SECTION 6. Section 9116 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9116. INTERPRETATION OF REGULATIONS
(a) Interpretation as Minimum Requirements. The provisions of this article are held to be the minimum development requirements. The Commission or Council may require stricter standards for the promotion of the public health, safety, comfort, convenience, and general welfare, based upon the specific facts and circumstances of particular development projects.
(b) Interpretation Duties. If ambiguity arises concerning the content or application of this article, it shall be the duty of the City Planner Director to ascertain all pertinent facts and set forth the findings and interpretation. Unless such finding and interpretation is appealed to the Commission pursuant to Section 9806, the City Planner Director's interpretation shall thereafter govern.
(c) Interpretation of Conflicting Provisions.
(1) When the regulations contained within this article impose greater restrictions upon the use or development of buildings or land than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of the regulations contained within this article shall control.
(2) When the regulations contained within this article impose less restriction upon the use or development of buildings or land than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the more restrictive regulations shall control. (d) Application to City. The provisions of Article IX shall not apply to or limit the City of Downey, whether the City acts in a governmental or in a proprietary capacity.
SECTION 7. Section 9120 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9120. DEFINITIONS – GENERAL PROVISIONS.
For the purposes of this article, certain terms used are herewith defined and shall be construed as defined in this chapter, unless otherwise expressly stated or the context clearly indicates a different intention. Words and phrases used in this article that are not specifically defined shall be construed according to the context and approved usage of the language, and as ultimately determined by the City Planner Director.
Attachment B
Words used in the present tense shall include the future and the future tense shall include the present; words in the singular number shall include the plural number and words in the plural number shall include the singular number. Words indicating one gender include the other gender. The words "shall" and "will" are always mandatory. The words "may" and "can" are permissive.
SECTION 8. Section 9126 (“C” Definitions) of Article IX of the Downey Municipal Code is hereby amended to in pertinent part as follows (new language underlined, deleted language in strikeout):
Center Line:
A line located in the center of the ultimate right-of-way as established by the City Engineer. In any case in which the City Planner Community Development Director determines this definition is not applicable, the City Planner Director shall designate the centerline.
City Planner:
The head of the Planning Division of the Community Development Department of the City, or designee charged with the responsibility for the interpretation and administration of the Downey Municipal Code.
Commercial Recreation:
Any use or development, either public or private, providing amusement, pleasure or sport, diversion, exercises, or other resources affording relaxation and enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf course, miniature golf courses, ice/roller skating rinks, model courses, shooting galleries, tennis and racquetball courts, amusement centers or arcades, dance studios, health and fitness clubs, boxing gyms, and facilities equipped and used for sports training and conditioning. Excludes adult entertainment facilities, martial arts facilities, and massage therapy establishments.
Commercial Recreation, Minor:
Recreational and instructional uses including, but not limited to, art, crafts, martial arts, pilates, or yoga. Martial arts shall be specific to any of the traditional forms of self-defense or combat that utilizes physical skill and coordination, such as, but not limited to, karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Other uses may include podcast recording studios, non-gambling card or board games, dance studios, health and fitness clubs, boxing gyms, and facilities equipped and use for sports training and conditioning.
Martial arts excludes boxing gyms and similar facilities that are equipped and used for training and conditioning.
Community Development Director or “Director":
The head of the Community Development Department of the City, or designee charged with the responsibility for the interpretation and administration of the Downey Municipal Code.
SECTION 9. Section 9128 (“D” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Decorative Masonry Wall:
A masonry wall incorporating designed with architectural relief, including changes in plane, texture, and/or pattern, to avoid from a flat surface.
Density Bonus Program Guidelines:
Attachment B
Guidelines maintained by the Community Development Department adopted by resolution of the City that outline the criteria and procedures for implementing density bonuses or other regulations in accordance with State Law and this article.
Design Guidelines:
A toolbox of a broad range of design approaches that assists project proponents and their design teams in reaching compliance with the Zoning Code maintained by the Community Development Department.
Development Plan:
A plan for the development and use of a specified parcel or tract of real estate, illustrated by a plat showing the boundaries of such parcel or tract; the location, size, height, and use of all structures; the locations of all vehicular and pedestrian ways, both public and private; all landscaped areas; easements, dedications; and further explained by such specifications, conditions, and limitations as may be imprinted on the plat or described in a supplement.
SECTION 10. Section 9144 (“L” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Lot, Corner:
A lot situated at the intersection of two or more streets that has an interior angle of intersection of not more than 135 degrees (see Figure 9.1.6). The front yard of the corner lot shall adjoin the shortest street property line. Where street property lines are substantially the same length, the City Planner Community Development Director shall determine the location of the front yard.
Figure 9.1.6. Lot Types
SECTION 11. Section 9156 (“R” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Recreational Vehicle Equipment:
A vehicle, vessel, or equipment designed for recreational, travel, or camping use, including units that are motorized or designed to be towed or transported, and not intended for permanent habitation. Recreational equipment includes, but is not limited to: (1) Recreational vehicles (RVs) such as motorhomes, camper vans, travel trailers, fifth-wheel trailers, and truck campers (2) Boats and watercraft such as motorized or non-motorized vessels designed for navigation on water (3) Trailers such as utility trailers, cargo trailers, boat trailers, and similar equipment used for transporting recreational gear (4) Other Attachment B
similar equipment such as all-terrain vehicles, utility terrain vehicles, dune buggies, and personal watercraft when stored on trailers. Recreational equipment shall also include any recreational vehicle as that term is defined by California Health & Safety Code Section 18010, as that section may be amended from time to time. camp car, truck pickup camper, truck-mounted camper, converted bus or van, motor home, travel trailer, tent trailer, or boat designed for human habitation for recreational or emergency occupancy, with a living area of less than 500 square feet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units, baths, bathrooms, and driver's areas, which vehicle may be moved upon the public highway without a special permit or chauffeur's license.
Recreational vehicle shall also include boats, boat trailers, dune buggies, and off-road vehicles.
Recreational Vehicle Equipment Storage Lot:
Any area or tract of land where one or more lots are rented, leased, or held out for rent or lease to owners or users of recreational vehicles or tents used for travel or recreational purposes equipment and which are occupied on a temporary and transient basis.
Residential Care Facility, Large:
Same as a small residential care facility, but serving seven to 14 persons under the age of 18 years or over the age of 60 or for persons who have a disability as defined herein.
Residential Care Facility, Small:
Residential facilities approved and licensed by the State in a single-family dwelling in which group care, supervision and/or assistance are provided for a maximum of six persons under the age of 18 years or over the age of 60 or for persons who have a disability as defined herein. Excludes family day care, foster care or any medical services, including nursing services, beyond that required by the residents of the facility for sustaining the activities of daily living. Examples of residential care facilities include, but are not limited to, facilities for the following:
(a) Developmentally or mentally disabled;
(b) Substance abuse recovery;
(c) Dependent and neglected children;
(d) Physically disabled; or
(e) Wards of the court.
Roof, Flat:
A roof nearly horizontal and level in appearance, with only sufficient slope to facilitate drainage, and generally not exceeding a pitch of 2:12 (see Figure 9.1.12).
SECTION 12. Section 9158 (“S” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Senior Citizen:
A person 62 years of age or older or, a person 55 years of age or older in a senior citizen housing development of at least 150 dwelling units, a person 55 years of age or older.
Shopping Center, Major-Regional:
A group of commercial establishments planned, developed, owned, or managed as a unit Attachment B
consisting of not less than 20 acres; related in location, size, and type of shops to the trade area that the unit serves; and providing on-site parking in definite relationship to the types and sizes of stores.
Short-Term Rental:
The rental, or lease, or other occupancy of a dwelling unit for a period of 30 consecutive days or less including arrangement, agreement, or listing that advertises, offers, or provides such occupancy, whether or not compensation is provided.
Sign, Abandoned:
Any sign or support structure which for a period of 180 days has been unused and which no longer fulfills the purpose for which it was legally constructed.
Sign, Illegal:
Any sign installed, modified, or constructed without proper approval and/or permits as required by this article and/or any nonconforming sign that has exceeded its authorized amortization period.
Sign, Marquee:
Any sign attached to, integrated into, or displayed on to a marquee, canopy, or permanent roof-like projection extending from a building and typically located over a building entrance.
Sign, Monument:
A low-profile freestanding, ground mounted sign, which is an integral part of a landscaping plan, generally located between a building or street setback line and a street property line, for identification of on-site uses purposes, and having a solid base support.
Sign, Primary:
One wall sign, generally mounted on the front façade or front fascia of a business, to identify its name or service rendered.
Sign, Projecting:
A sign mounted on a building wall and extending outward, in which the sign fascia face is not parallel to the building façade or façade fascia.
Site Plan Review:
An administrative A quasi-judicial process conducted in accordance with Section 9820.
Site Plan Review, Minor:
An administrative process conducted in accordance with Section 9814.
Special Event:
A temporary outdoor use that extends beyond the normal uses and standards allowed by this article. Special events may include, but are not limited to art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grand openings, festivals, home exhibitions, and church bazaars. Commercial Motion Picture and Television Production Filming shall be subject to Chapter 10.
SECTION 13. Section 9204 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9204. ENFORCEMENT.
The City Planner Director and such other persons as may be designated by the City Attachment B
Manager are hereby designated as the enforcing agents of this article. If the enforcing agents find that any of the provisions of this article are being violated, they shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The enforcing agent shall order the discontinuance of illegal uses of land, buildings, or structures; the removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with, or to prevent the violation of, its provisions. All other administrative officials and employees of the City otherwise charged with the enforcement of laws are responsible for enforcing the provisions of this article.
SECTION 14. Section 9208 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9208. PERMIT PROCEDURES.
(a) No building permit, certificate of occupancy, or business license shall be issued for the erection, alteration, or use of any structure, or part thereof, or for the use of any land which is not in accordance with all the provisions of this article. Any permit or license issued contrary to the provisions of this article shall be void and of no effect. (b) Where any use or development exists in violation of this article, the City shall not issue any permit, building permit, certificate of occupancy, or business license unless to remedy such violation. As determined by the City Planner Director, violations of this article must be satisfactorily remedied to conform to all provisions of this article prior to the issuance of any new permits on said property.
(c) Building permits shall be issued on the basis of plans and applications approved by the City Planner Director authorizing only the use and arrangement set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article and punishable as provided in this article.
Permit procedures are described in Chapter 8 – Administration.
SECTION 15. Section 9210 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9210. CERTIFICATES OF OCCUPANCY.
(a) For the Use of Buildings and for Structures. No building or structure hereafter erected, moved, enlarged, or altered shall be occupied, used, or changed in use until after a final inspection and/or certificate of occupancy has been reviewed by the City Planner Director and issued by the Building Official. Such certificates shall be applied for coincident with the application for a building permit. Such final inspection and/or certificates shall be issued only after such building, enlargement, or alteration has been completed in conformity with the provisions of this article, with approved site plans and required conditions (when these apply), and when the proposed use also conforms to this article and required conditions (when these apply). (b) For the Use of Land. A certificate of occupancy shall be issued before any vacant land is hereafter used or before an existing use of land is changed for other than agricultural purposes provided such use is in conformity with the provisions of this article. The City Planner Director may require the submittal of site plans for review in accordance with Section 9820 of this article for a requested change in the use of land Attachment B
to determine compliance with this article.
(c) Contents of Certificates of Occupancy. Certificates of occupancy shall state that the building or proposed use of a building or land has complied with all laws and ordinances, including the provisions of this article, and with approved site plans and any conditions required by this article relating to the proposed building or use. (d) Records. A record of all certificates of occupancy shall be kept on file in the office of by the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.
SECTION 16. Section 9216 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9216. INTERPRETATION AND ENFORCEMENT PROCEDURES.
The intent of this article is that all questions of interpretation and enforcement shall be first presented to the City Planner Director and, after appropriate administrative review, may be presented to the Commission on appeal. A written copy of all interpretations shall be kept in the office of the City Planner Director.
SECTION 17. Section 9306 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9306. INTERPRETATION OF ZONE BOUNDARIES.
Where uncertainty exists as to the boundaries of any zone shown on the Official Zoning Map, the following rules shall apply:
(a) Where zone boundaries are indicated as approximately following street lines, alley lines, or lot lines, or extensions thereof, such lines shall be construed to be such boundaries.
(b) Where the zone boundary line follows a railroad right-of-way, such zone boundary line shall be construed, unless otherwise indicated, to be located midway between the main tracks of such railroad right-of-way.
(c) Where the zone boundary line follows a stream or other water channel, such zone boundary line shall be construed, unless otherwise indicated, to be located at the limits of the jurisdiction of the City.
(d) Where the zone boundary divides a lot, the location of such boundary line, unless indicated by dimensions, shall be determined by use of the scale appearing on the Official Zoning Map. The Commission shall use Section 9830 of this article as a guide in its determination.
(e) Where zone boundary lines are so indicated that they are approximately parallel to the center lines or street lines of streets, such zone boundary lines shall be construed as being parallel thereto and at such distance therefrom as indicated. If no distance is given, such dimension shall be determined by the use of the scale shown on the Official Zoning Map.
(f) Where any public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the zone classification of the property to which it reverts.
(g) Where uncertainties exist, the City Planner Director may determine the location of the zone boundary line, applying the rules stated in this section wherever applicable and Attachment B
the Director may refer to the Commission an application for interpretation in accordance with the provisions established by this chapter.
SECTION 18. Section 9312.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9312.06. RESIDENTIAL ZONES USE REGULATIONS.
(a) Table 9.3.2 identifies the uses permitted in each Residential Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted. (b) Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.
(c) The "notes and exceptions" column of Table 9.3.2 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.2.
Residential Zones Use Regulations
Use
R-1
(all lot
sizes)
R-
2 R-3
R-3-
O Notes and Exceptions
Residential
Accessory dwelling units P P P P Subject to Section 9414 Apartments NP P P NP
Condominiums NP P P P
Conversion of buildings to
multiple ownership
NP NP C C Subject to Section 9510
Duplex dwellings NP P P P Site Plan Review is required
for R-3 and R-3-O Requires
Minor Site Plan Review
subject to Section 9814 in the
R-3 and R-3O zones
Family day care home, child
lLarge (9-14 children) P P P P Allowed as provided in
California Health & Safety
Code §1597.45
s Small (8 or fewer children) P P P P
Home occupations P P P P Subject to Section 9408
Junior accessory dwelling units NP NP NP NP
Mobile homes/manufactured
home parks
C C C C
Attachment B
Residential Zones Use Regulations
Use
R-1
(all lot
sizes)
R-
2 R-3
R-3-
O Notes and Exceptions
Multi-family dwellings NP NP P P
Prefabricated housing P P P P Requires Site Plan Review subject to Section 9820
Rooming house NP NP C NP
Residential care facility
large (7-14) C C C C
small (6 or fewer) P P P P
Senior citizen housing
development
NP NP P P Subject to Section 9418
Single-family dwellings
(detached)
P Pa Pa Pa Detached single-family
dwellings only
Single resident occupancy NP NP C NP Subject to Section 9430.06 Special events P P P P Subject to Section 9420
Townhomes NP P P P
Transitional/supportive housing P P P P Subject to Section 9430.06 Two-unit project Development P NP NP NP Subject to Section 9312.08(c) and Section 9965
Public
Utility distribution stations C C C C
Parks and recreational facilities C C C C
Public utilities C C C C Both publicly and privately
owned, providing direct
service to the neighborhood
Religious, fraternal, or service
organizations
NP NP C C Includes churches,
synagogues, temples,
monasteries, and other places
of religious worship and other
fraternal and community
organizations
Schools
public P P P P Includes elementary, middle
or junior,
private C C C C and high schools only
Daycare/preschool NP NP C C Non-residentially improved
properties only
Accessory Uses and Structures
Attachment B
Residential Zones Use Regulations
Use
R-1
(all lot
sizes)
R-
2 R-3
R-3-
O Notes and Exceptions
Accessory living quarters P P P P
Domestic animals P P P P Subject to Section 9514
Parking - surface and structure NP NP C C
Small wind energy systems C C C C
Temporary trailer P P P P 1 trailer used as a temporary residence during construction
of a permanent residence on
the same lot with current
building permit and limited to
a maximum of one 6-month
period
Wireless communication
facilities
Ccb Ccb C C Subject to Section 9426
P = Permitted
NP = Not Permitted
C = Conditional Use Permit required (subject to Section 9824) a Shall be developed to the R-1 5,000 development standards b Minor Conditional Use Permit (subject to Section 9814) cb Non-residentially improved properties only
SECTION 19 . Section 9312.08 (Residential Zones Property Standards) of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9312.08. RESIDENTIAL ZONES PROPERTY DEVELOPMENT
STANDARDS.
(a) Specific Development Standards. Tables 9.3.3 and 9.3.4 identify the development standards for all of the Residential Zones.
Table 9.3.3. R-1 Zone Property Development Standards
Development Standard
Zone
R-1 –
5,000
R-1
–
6,00
0 R-1 –
7,500 R-1 – 8,500
R-1 –
10,000
Lot area - minimum (sq.
ft.)
5,000 6,00
0 7,500 8,500 10,000
Lot width - minimum
(feet)
50′ 50′ 60′ 65′ 70′
Attachment B
Lot depth - minimum
(feet)
Lot depths shall be within 10% the average depth of the two abutting R-1 lots on both sides of the subject lot located on the same side of the street.
Corner lots shall be within 10% the average depth of the adjoining two R-1 lots along the common front yard frontage.
Floor area ratio –
maximum a
0.45 Lot coverage –
maximum
45%
Building height -
maximum (feet)b
main building 28′
accessory building 12′
Front setback (1st floor)
- minimum (feet) c, d
20′
2nd floor front setback –
minimum (feet)i
At the 2nd story façade facing a front yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a front yard. Any additional portions of a 2nd floor facing a front yard shall be set back a minimum of 5 feet from the 1st floor façade.
Rear setback - minimum
(feet) d
20′
Side setback (1st floor) -
minimum (feet) e, f
Ten percent lot width, but not less than 5 feet and not to exceed 14 feet
2nd floor side setback -
minimum (feet) i
At the 2nd story façade facing a side yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a side yard. Any additional portions of a 2nd floor facing a side yard shall be set back a minimum of 5 feet from the 1st floor façade.
Street side setback (1st
floor) - minimum (feet) d
10′
2nd floor street side
setback - minimum (feet)
i
At the 2nd story façade facing a street side yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a street side yard. Any additional portions of a 2nd floor facing a street side yard shall be set back a minimum of 5 feet from the 1st floor façade.
Dwelling unit size -
minimum (sq. ft.) g
one bedroom 700
two bedroom 850
three bedroom 1,100
four bedroom 1,300
more than four
bedrooms
1,500
Attachment B
Building separation -
minimum (feet) h
wall to wall 5 feet
eave to eave 3 feet
Walkway width -
maximum (feet)
6 feet
Prevailing setbacks Subject to Section 9534.18
Exceptions to yards,
setbacks, and height
Subject to Section 9534
Air conditioning,
mechanical roof and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping, lighting,
and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking and
loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site Plan Review Subject to Section 9820
Visibility Subject to Section 9520 and 9534
Wireless
Communication
Facilities
Subject to Section 9426
Notes:
a Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources, for a maximum FAR of 0.50, in accordance with the provisions of Section 9312.08(b)(2).
b Porch features, such as, but not limited to, entry porches, covered patios, and porte- cocheres, must have a top-of-plate height equal to or less than the first floor top-of- plate height of the main structure, not to exceed 12 feet. Top-of-peak height must be equal to or less than the top-of-peak height of the main structure, not to exceed 16 feet. Slope and pitch must be equal to main structure. c Unless the property is identified on the prevailing setback map, as adopted by the Commission, in which case the greater of the two setbacks shall apply. d Garage setbacks are subject to Sections 9710 and 9534.22. e Any decimal fraction shall be rounded up to the nearest inch. f 1st floor side yard setbacks may be reduced subject to Section 9534. g Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
Attachment B
h
Building separation for rear detached garages is also subject to back up triangle requirements located in Section 9710.
i
The second-floor setback shall be measured from the required setback line whenever the existing side setback does not comply.
Table 9.3.4. R-2, R-3, R-3-O Zone Property Development Standards Development Standard
Zone
R-2 R-3 R-3-O
Lot area - minimum (sq.
ft.)
5,000 10,000 10,000
Lot area per dwelling
unit - minimum (sq. ft.)
2,500 1,980
1,815 (for
lots
greater
than
15,000
square
feet)
1,980
1,815 (for lots greater than 15,000
square feet)
Lot width - minimum
(feet)
50 100 100
Lot depth - minimum
(feet)
Lots shall conform to the average depth of adjacent lots Lot coverage - maximum
(percent)
50 50 50
Building height -
maximum (feet)
main building
30 feet or
two
stories,
whichever
is less
35 feet or
three
stories,
whichever
is lessa
35 feet or three stories, whichever is
lessa
accessory building 12 feet 12 feet 12 feet
Yard setbacks -
minimum (feet)
front 20 15 15
rear 20 see noteb see noteb
Yard setbacks (side) -
minimum (feet)
interior 5 5c 5c
street 10 7.5 7.5
Dwelling unit size -
minimum (sq. ft.)d, e
studio units NA 500 500
one bedroom 700 600 600
two bedroom 850 800 800
Attachment B
three bedroom 1,100 1,000 1,000
four bedroom 1,300 1,300 1,300
Building separation -
minimum (feet)
10 10 10
Main building and
detached garage
separation - minimum
(feet)
5 5 5
Usable open space area
per dwelling unit –
minimum (sq. ft.)
NA 200 200
Air conditioning,
mechanical roof and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting,
and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking and
loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Visibility Subject to Section 9520 and 9534
Wireless communication
facilities
Subject to Section 9426
Notes:
a When abutting R-1 or R-2 zoned property, the variable height requirement shall apply in accordance with Section 9534.24.
b When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: 20 feet for a one story building, 30 feet for a two story building, and 46 feet for a three story building. When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: no setback required for a one story building, 10 feet for a two story building, and 26 feet for a three story building. When the rear yard area abuts another R-3 Zone the following minimum setbacks are required: 10 feet for a one story building, 15 feet for a two story building, and 20 feet for a three story building.
c When abutting the R-1 Zone, the minimum setback shall be 10 feet. d Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
e Each additional bedroom over four shall be a minimum of 130 square feet.
NA = Not Applicable
Attachment B
(b) General Development Standards.
(1) Residential Uses. No lot, building, or structure shall be used or appear to be used for commercial purposes and shall not involve the conduct of a business nor contain commercial or industrially rated equipment not customarily used in connection with a residential occupancy, nor be used for the storage of vehicles, equipment, or materials not customarily incidental to the residential use.
(2) Alternative Energy FAR Bonus in the R-1 Zone. Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources. The maximum FAR for the R-1 Zone with the renewable energy bonus is 0.50. The renewable energy sources must provide 50% or greater of a parcel's annual energy requirements. (i) Renewable energy sources include at least one component from (A) and one component from (B) below:
(A) Either solar water heating or tankless water heater; and (B) On-site solar photovoltaic or small wind energy applications to provide the remaining renewable energy requirement.
(ii) The FAR bonus area shall be incorporated as a one story element in the form of either, but not limited to, a detached accessory building, or incorporation of a front wing, rear wing, side wing, or combination of wings.
(3) Architecture. The architecture and general appearance of the building shall be in keeping with the character of the neighborhood and such as not to be detrimental to the general welfare of the neighborhood in which they are located. For R-1 zoning, all construction shall utilize Design Guidelines for considerations and recommendations regarding characteristic architectural styles and prevailing neighborhood character.
(4) Massing. All residential additions, alterations, and modifications shall to the greatest extent possible, avoid excessive massing of the primary structure, through means of varying rooflines, elevations, and other architectural elements (see Figure 9.3.1). Review and approval of massing of buildings shall be subject to the provisions of Section 9820. For R-1 zoning, see Design Guidelines for considerations and recommendations regarding massing and modulation.
Attachment B
Figure 9.3.1. Mass and Scale
(5) Multiple-Family Building Placement and Design.
(i) Multiple-family buildings shall be designed and located on the site in a manner that avoids long, continuous building walls or "barracks-like" rows of structures that create a "canyon effect." Where multiple units share a common driveway, parking court, or alley, ample space shall be provided to provide vegetation, i.e., shrubs and trees where feasible. Rows of adjacent garages shall be enhanced by architecturally recessing some or all of the garage doors, adding vegetation, or using some other means to lessen the undesirable visual effect of long unbroken planes of garage doors especially where visible from a public right-of-way (see Figure 9.3.2).
(ii) No multifamily buildings shall exceed 50 feet in any dimension without architectural articulation of the building façade or mass in order to avoid large, unbroken areas.
(iii) Significant wall articulation (i.e., insets, canopies, wing walls, trellises etc.) and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables shall be used to avoid the box- like appearance of long and unbroken façades, flat walls, and roofs of excessive visual prominence.
(iv) Apply the adopted Objective Design Standards (ODS) to new qualifying multi-family development, residential mixed-use development, and additions to multi-family and residential mixed-use development pursuant to any provision of state law which references ODS, including but not limited to Government Code Section 65589.5 (Housing Accountability Act) and Section 65913.4, as may be amended from time to time.
Figure 9.3.2. Building Placement and Design
(6) Landscaping. Landscaping is required in the front, side, street side and rear yards for all areas not covered by an approved driveway or pedestrian walkway, including but not limited to quantity of trees and three tiered system design, pursuant to Section 9520.
(7) Front and Street Side Yards. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, Attachment B
refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios. Only temporary parking of vehicles pursuant to Section 9710.02(ho) shall be allowed in the front yard. (8) Front and Street Side Yards – Maximum Paving (Hardscape). (i) For properties with a width of 60 feet or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 40% of the area within the total front setback or street side setback.
(A) An additional 10% of hardscape shall be allowed in the front setback or street side setback, provided permeable paving surfaces are used. Pervious concrete may not be used as permeable paving.
a. A minimum of 50% of the total front setback or street side setback shall remain live vegetation landscape
surfaces.
(ii) For properties that are less than 60 feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 50% of the total front setback or street side setback.
(9) Privacy. The following techniques are encouraged in residential zones to maximize privacy between adjacent properties (see Figure 9.3.3). (i) Offset or stagger windows facing neighbor's windows; (ii) Use clerestory windows or locate windows high enough in areas with privacy impacts;
(iii) Use translucent glass where appropriate;
(iv) Use landscaping to provide a buffer between properties; (v) Screen second story balconies and decks from neighboring property by incorporating architectural elements such as opaque balcony railings;
(vi) Locate second-story balconies and decks to avoid direct sight lines into main windows, yards, or patio area of adjacent property; (vii) Incorporate screening devices such as trellises or awnings to increase privacy where appropriate.
(viii) A window or door of a dwelling may obstruct a direct line of sight to an adjoining residential property through the use of by fencing, landscaping, or privacy glass to provide screening and prevent a direct line of sight.
(ix) Second-story windows should either be clerestory with the bottom of the glass at least six feet above the finished floor, or utilize frosted or obscure glass.
Attachment B
Figure 9.3.3. Privacy Techniques
(10) Usable Open Space.
(i) In the R-3 Zone, every lot shall have not less than 200 square feet of usable open space per dwelling unit. Usable open space for the purposes of this section shall mean a consolidated common open area or recreational facility which is designated and intended to be used for outdoor living and which excludes primary walkways, perimeter landscaping, and required setbacks except the rear yard, and said area shall not have a depth or width of less than 15 feet. No portion of off-street parking spaces; driveways; covered pedestrian access ways; or utility areas such as laundries, clothes drying yards, or trash areas shall constitute usable open space.
(ii) Except for the conditions set forth in Section 9312.08(B)(8)(d), a minimum of 50% of required usable open space shall consist of one or more of the following amenities:
(A) Playgrounds, play equipment, and/or tot lots;
(B) Recreational facilities – fountains, sculptures, etc.; (C) Swimming pools;
(D) Tennis courts, basketball courts, and similar sports courts; (E) Recreational building(s)/room(s);
(F) Putting greens;
(G) Game areas;
(H) Picnic/barbecue areas; and
(I) Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.
(iii) The remaining required usable open space may be fulfilled by providing one or more of the following amenities:
Attachment B
(A) Landscaping;
(B) Gardens;
(C) Benches; and
(D) Secondary walkways or walks.
(E) Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.
(iv) Up to one-half of the usable open space for each unit may be provided in a private patio or balcony having direct access from the unit; provided, however, no dimension thereof shall be less than 10 feet with a minimum area of 100 square feet. Apartments having seven units or less may provide all of the required open space within private patios provided no dimension is less than 10 feet with a minimum area of 200 square feet.
(v) Where usable open space abuts driveways, there shall be provided between such recreational area and the abutting driveway a decorative masonry wall or wrought iron fence not less than three feet in height; where abutting parking areas, there shall be a decorative masonry wall or wrought iron fence with a minimum height of five and one-half feet between such recreational area and the parking area. (vi) Usable open space shall not include any portion of a required yard abutting a street, interior side yard area abutting a main building, off- street parking space, required access, walkway, driveway turn-around area, top roof level of any building, or landscaped area between any accessory buildings, except those portions of any accessory building used for recreational purposes.
(vii) Usable open space, when abutting R-1 or R-2 Zones, shall provide irrigated landscape planter areas not less than five feet in width. Such planter areas shall be maintained with trees and shrubs not less than six feet in height, when planted, which shall obtain a mature height of not less than 15 feet. At maturity, such landscaping shall provide an uninterrupted screen between the R-3 development and the R-1 and R-2 Zones.
(11) Site Plan Review. Site Plan Review is required in accordance with the provisions of Section 9820 in the R-3 and the R-3-O Zones.
(12) (11) Motor Vehicle Repair. Motor vehicle repair may be performed under the following conditions:
(i) Repair work shall be restricted to only those motor vehicles currently registered with the California Department of Motor Vehicles to the address in which the repair work is to be conducted.
(ii) In those instances where motor vehicles are not currently registered or are registered in states other than California, proof of ownership by the resident of the property shall be provided.
(13) Recreational Vehicles Equipment Parking in R-1 and R-2 Zones. In the R-1 and R-2 Zones, self-propelled recreational vehicles, such as motor Attachment B
homes, campers, and vans, having a valid license and being in an operable condition, may be parked on a driveway area within the front yard or street side yard area provided vehicular access to a required garage or carport is not obstructed by such vehicles.
Self-propelled and other types of recreational vehicles, including trailers and boats, may be parked or stored on a lot behind the front yard or street side yard area provided the area is paved, vehicular access to a required garage or carport is not obstructed by such vehicles, the vehicles are not parked within a side setback, and they are not parked within five feet of any window or door of a habitable structure. The use of recreational vehicle covers is permitted; however, the covers shall be kept in a well-maintained condition. For the purposes of this section, vehicular access to a required garage or carport shall mean that the garage is fully accessible by a vehicle, without requiring movement of the recreational vehicle. (see Figure 9.7.2 for the garage backup triangle).
(i) Front Yard Prohibition.
No recreational equipment shall be located within the front yard or street-side yard.
(ii) Operability Requirements.
All recreational vehicles located on a property within the R-1 and R-2 Zones shall have a valid license and registration and shall be maintained in an operable condition.
(iii) Permitted Parking Locations.
All recreational equipment shall be parked or stored on a lot behind the front yard or street-side yard area, provided that:
(A) The parking area is paved;
(B) Vehicular access to a required garage or carport is not obstructed by such vehicles;
(C) The recreational equipment is not parked within a required side setback; and
(D) The recreational equipment is not located within five feet of any window or door of a habitable structure.
(iv) Vehicular Access Defined.
For the purposes of this section, “vehicular access to a required garage or carport” shall mean a minimum unobstructed area of 20 feet wide by 25 feet deep measured outward from the garage or carport entryway, to allow for proper maneuvering of vehicles to enter the garage or carport. Vehicular access needs to be met without requiring movement of the recreational equipment.
(v) Administrative Guidance.
The Community Development Department shall maintain a recreational vehicle parking guide to assist property owners in complying with the requirements of this section.
Attachment B
(14) (13) Storage Cabinets. In the R-3 Zone, personal property storage cabinets shall be provided for each dwelling unit within each carport and/or garage.
Such cabinets shall have not less than 80 cubic feet of area, with a minimum depth of 24 inches, and shall be constructed of one-half inch plywood or other suitable material equipped with hinges and locking devices. The placement of such storage cabinet within the carport or garage shall not interfere with the space required to fully park a vehicle. (15)(14)Temporary Structures. In all residential zones, temporary structures, such as canopies, awnings, and the like, shall only be allowed if completely to the rear of the main building. Temporary structures shall not exceed a maximum of 120 square feet or seven feet in height.
(16)(15) Other Applicable Regulations for Residential Zones. Other applicable regulations in the Residential Zones include, but are not limited to, the supplemental regulations identified in Chapters 4, 5, and 8. (17)(16) 360° Architectural Design.
(i) Any new construction, alteration, and/or addition on a lot, including, but not limited to, a principal residence, second story, detached accessory structure, enclosed patios, and/or porte-cochere shall follow a singular architectural character and style that extends to all building features including faҫades, roof forms and pitches, materials, and detailing that are visible to the public right-of-way and/or abutting properties. An addition should utilize the characteristics of the style of the existing approved home. Portions of structures not visible to the public right-of-way shall incorporate complimentary complementary elements.
(18)(17) Single Family Additions and Accessory Structures Design. (i) New roofs shall be similar in form, pitch, slope and material with the existing permitted house.
(ii) Architectural design shall match style, form, color and material of the existing permitted house and extend to all the exterior portions of the structure that are visible to the public right-of-way and/or visible from adjacent properties. Portions not visible shall incorporate complimentary elements.
(19)(18) Front Entry Orientation.
(i) New architecture, front additions altering the entrance of the dwelling, and remodels altering the entrance of the dwelling shall be designed with the front door oriented towards the street.
(20)(19) Flat Roofs.
(i) For new architecture and alterations in architectural style, flat roof designs may be incorporated when the existing block is characterized by flat roof architectural styles for at least 30% of the houses on the block.
(ii) For additions, flat roof elements may be incorporated when the existing home is entirely flat roof.
(iii) Flat roofs shall be permitted for open patios.
Attachment B
(21)(20) Accessory Buildings.
(i) Accessory buildings, including attached accessory uses, shall be limited to a maximum floor area of 700 square feet, and shall be comprised of one open space with no kitchen facilities or bedrooms.
Closets shall be allowed, but each is limited to 50 square feet. (ii) One bathroom, laundry facilities, and one wet sink are allowed. (iii) Multiple accessory buildings, including attached accessory uses, shall be allowed.
(iv) A covenant and agreement regarding the maintenance of building and use shall be drafted by staff and recorded by the applicant with the Los Angeles County Registrar/Recorder's Office prior to building permit final inspection.
(v) This section shall not apply to garages and patio covers. (c) Two-Unit Projects Development.
(1) Purpose. The purpose of this section is to allow and the appropriately regulate ministerial approval of up to two unit projects development (SB9) in accordance with Government Code Section 65852.21.
(2) Definition. A "two unit project development " means refers to a residential development of up to two primary dwelling units or, if there is already a primary dwelling unit exists within a single family zone on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
(3) Application.
(i) Owners.
(A) Only individual property owners may apply for a two unit project two unit development. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 214.15). (B) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.
(i) (ii) An application A submittal for a two unit project development must include an eligibility checklist provided by the City. be submitted on the City's approved form.
(ii) (iii) The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this Code for the lot and provide the certificate with the application shall demonstrate that the lot is a legal parcel.
Attachment B
(iii) (iv) Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(iv) (v) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (4) Approval.
(i) An application for a two unit project development is approved or denied ministerially, by the planning Director, without discretionary review.
(ii) The ministerial approval of a two-unit project development does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements. (iii) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
(iv) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code. (v) Two Unit Development (SB9) application shall be acted on within 60 days from the date that the City receives a completed application. The Director shall either approve or deny the application within 60 days, unless, the applicant requests a delay, in which case, the 60-day time period shall be tolled for the period of the delay. Any preliminary review, preliminary inquiry, any consultation or staff meeting shall not be constituted as an application review.
(5) Requirements. A two unit project development must satisfy each of the following requirements:
(i) Map Act Compliance. The lot must have been legally subdivided. (ii) Zone. The lot is in a single-family residential zone. (iii) Lot Location.
(A) The lot is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance,
or land that is zoned or designated for agricultural
protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures
required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
Attachment B
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable
seismic protection building code standards.
f. Within a 100 year flood hazard area, unless the site has either:
1. Been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
2. Meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of the
National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation
plan, or other adopted natural resource protection
plan.
i. Habitat for protected species.
j. Land under conservation easement.
(B) The purpose of subsection (iii)(A) above is merely to summarize the requirements of Government Code Sections
65913.4(a)(6)(B)–(K). (See Government Code Section
66411.7(a)(3)(C).)
(C) The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B)–(K) are
satisfied.
(iv) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district. (v) No Impact on Protected Housing.
(A) The two unit project development must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of
moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has Attachment B
been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any
time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
(B) As part of the two unit project development application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (5)(v)(A) above is satisfied.
a. The sworn statement must state that:
1. No housing that is income-restricted for
households of moderate, low, or very low
income will be demolished or altered.
2. No housing that is subject to any form of
rent or price control will be demolished or
altered.
3. No housing that has been withdrawn from
rental or lease under the Ellis Act at any time in
the last 15 years will be demolished or altered.
4. No housing that has been occupied by a tenant
in the last three years will be demolished or
altered.
b. The city may conduct its own inquiries and
investigation to ascertain the veracity of the sworn
statement, including, but not limited to, surveying
owners of nearby properties; and the City may require
additional evidence of the applicant and owner as
necessary to determine compliance with this
requirement.
(vi) Unit Standards.
(A) Quantity.
a. No more than two dwelling units of any kind may be
built on a lot that results from an urban lot split. For purposes of this paragraph subsection, "unit" means
any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU. No ADU or JADU shall be
located on a lot or parcel without a primary dwelling on the same lot or parcel, per Section 9414.08(a).
b. A lot that is not created by an urban lot split may have a two unit project development under this section, plus any ADU or JADU that must be allowed under State law
and the City's ADU ordinance.
Attachment B
(B) Unit Size. The floor area of each primary dwelling built that is developed under this section must be: consistent with the underlying zone pursuant to Downey Municipal Code Section 9312.08.
a. The total floor area of each primary dwelling built that is developed under this section must be
1. Less than or equal to 800, and
2. More than 500 square feet.
b. A primary dwelling that was legally established on the lot prior to the two unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two unit project. The unit may not be
expanded.
c. A primary dwelling that was legally established prior to the two unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as
part of the two unit project.
(C) Height Restriction. All two unit development structure shall comply with the height limitation of the underlying zone, per Downey Municipal Code 9312.08.
a. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16
feet in height, measured from grade to peak of the
structure.
b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the
structure. Any portion of a new primary dwelling that
exceeds one story must be stepped back by an
additional five feet from the ground floor exterior walls; no balcony deck or other portion of the second story
may project into the stepback.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two unit project. (D) Demo Cap. The two unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
(D) (E) Lot Coverage. A maximum lot coverage of 45% is
permitted. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(F) Open Space. Each unit shall be provided with 300 square feet of useable open space; with a minimum side of 10 feet. This Attachment B
open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(E) (G) Setbacks.
a. Generally. All setbacks must conform to those
objective setbacks that are imposed through the
underlying zone.
b. Exceptions. Notwithstanding subsection
(5)(vi)(G)(E)(a) above:
1. Existing Structures. No change in setback is
required for an existing legally established
structure or for a new structure that is
constructed in the same location and to the
same dimensions as an existing legally
established structure.
2. 800 Square Feet; Four Foot Side and Rear.
The setbacks imposed by the underlying zone
must yield to the degree necessary to avoid
physically precluding the construction of up to
two units on the lot or either of the two units
from being at least 800 square feet in floor area;
but in no event may any structure be less than
four feet from a side or rear property line. For
all new construction not included within the
subsection (1) above, a minimum of 4-foot
setback from rear and side property lines is
required.
c. Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this
section must be at least 25 feet from the front property lines. The front setback area must: conform to the
underlying zone, including 2nd-story setbacks, per
Section 9312.08
1. Be kept free from all structures greater than
three feet high;
2. Be landscaped with drought-tolerant plants,
with vegetation and irrigation plans approved
by a licensed landscape architect;
3. Allow for vehicular and fire-safety access to the
front structure.
(F) (H) Parking. Each new primary dwelling unit must have at least one enclosed off-street parking space, within a garage, or uncovered parking space per unit unless one of the
following applies:
a. The lot is located within one-half (0.5) mile walking Attachment B
distance of either:
1. A high-quality transit corridor with fixed route
bus service with service intervals no longer
than 15 minutes during peak commute hours or
2. A major transit stop site that contains:
i. An existing rail or bus rapid transit
station,
ii. A ferry terminal served by either a bus
or rail transit service, or
iii. The intersection of two or more major
bus routes with a frequency of service
interval of 20 15 minutes or less during
the morning and afternoon peak
commute periods.
b. The site is located within one block of a car-share
vehicle location.
(G) (I) Architecture.
a. If there is a legal primary dwelling on the lot that was established before the two unit project development
any new primary dwelling unit must match the existing
primary dwelling unit in exterior materials, color, and dominant roof pitch, and be consistent with the
objective standards found in Downey Municipal Code
Section 9312.08. The dominant roof slope is the slope
shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the two unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.
c. All new residential development is subject to
compliance with objective R-1 design standards within
this chapter. All new residential development is subject to the guideline and objective architecture checklist.
d. All exterior lighting must be limited to down-lights and comply with the outdoor lighting per Downey Municipal
Code Section 9520.06.
e. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a
direct line of sight.
Attachment B
f. If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at
least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(H) (J) Landscaping. All landscaping must conform to the landscaping standards of the underlying zone. All landscaping must be from the City’s approved plant list. Evergreen
landscape screening must be planted and maintained
between each dwelling and adjacent lots (but not rights-of- way) as follows:
a. At least one 15 gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for
every 10 linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when
installed. As an alternative, a solid fence of at least six feet in height may be installed.
c. All landscaping must be drought-tolerant.
d. All landscaping must be from the City's approved plant list.
(K) Tree Preservation. In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove mature trees on site. A mature tree is defined as trees with a diameter-at-breast- height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than 1/3 of a tree's
vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree.
(I) (L) Nonconforming Conditions. A two unit project
development may only be approved if all nonconforming
zoning conditions are corrected.
(J) (M) Utilities.
a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. b. Notwithstanding subsection (5)(vi)(M)(a) above, a
primary dwelling unit may have a direct utility
connection to an on-site wastewater treatment system
in accordance with this paragraph and the City's Code.
Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater
treatment system must first have a percolation test
Attachment B
completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
c. All utilities must be underground.
(K) (N) Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.
(O) LEED Platinum Certification. The property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.
(L) (P) Exceptions to Objective Standards. Any objective zoning standards, objective subdivision standards, and
objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.
a. Lot coverage;
b. Floor area ratio;
c. Open space;
d. Tree preservation;
e. Articulation;
f. Second floor stepback.
(vii) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The
public right-of-way must have at least two independent
points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire
hazard severity zone.
c. All enclosed structures on the site must have fire
sprinklers.
d. All sides of all dwellings on the site must be within a 150 foot hose-pull distance from either the public right- of-way or of an on-site fire hydrant or standpipe.
Attachment B
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per
dwelling, with fire-authority approved hookups
compatible with fire-authority standard pump and hose
equipment.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the
application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the
application.
(viii) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest
developments are not permitted within the lot.
(A) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. a. No timeshare, as defined by State law or this Code, is permitted. This includes any co-ownership
arrangement that gives an owner the right to exclusive
use of the property for a defined period or periods of
time.
(ix) Regulation of Uses.
(A) Residential-Only. No nonresidential use is permitted on the lot.
(B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
(x) Notice of Construction.
(A) At least 30 business days before starting any construction of a two unit project development, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
Attachment B
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for
construction-related complaints), and
e. Contact information for the Building and Safety
Department.
(B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice
requirement is purely to promote neighborhood awareness and expectation.
(x) (xi) Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any nonresidential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
a. Property owner must provide for an inspection by City officials every six months for the first three years to ensure the property owner is living on site. The
property owner must pay the special inspection fee as
set forth in the City's fee resolution.re
(D) (E) Limits development of the lot to residential units that comply with the requirements of this section, except as required by State law.
(6) Specific Adverse Impacts.
(i) Notwithstanding anything else in this section, the City may deny an application for a two unit project development if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(ii) "Specific adverse impact" has the same meaning as in Government Attachment B
Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(iii) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(7) Remedies. If a two unit project development violates any part of this Code or any other legal requirement:
(i) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(ii) The City may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.
SECTION 20. Table 9.3.5 of Section 9314.04 of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
§ 9314.04. COMMERCIAL ZONES USE REGULATIONS.
Table 9.3.5. Commercial Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit) Use C-
P
C-
1 C-
2 C-
3 C-
M
H-
M Notes and Exceptions
Other Uses
Convalescent hospitals/nursing
homes/assisted living facilities NP NP C C C P Subject to Sectuftion Section 9422
Attachment B
SECTION 21. Section 9314.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9314.06. COMMERCIAL ZONES PROPERTY DEVELOPMENT STANDARDS. (a) Specific Development Standards. Table 9.3.6 identifies the development standards for all of the Commercial Zones.
Table 9.3.6. Commercial Zone Property Development Standards Development
Standard
Zone
C-P C-1 C-2 C-3 C-M H-M
Lot area - minimum
(square feet)
6,000 6,000 10,000 10,000 87,120 6,000
Lot width - minimum
(feet)
60 60 100 100 290 60
Lot depth - minimum
(feet)
100 100 100 100 300 100
Floor area ratio -
maximum
2.0 0.25 1.4 3.0 NA 2.0
lots 87,120 square feet
or greater
NA NA NA NA 0.60 NA
lots under 87,120
square feet
NA NA NA NA 0.50 NA
Lot coverage -
maximum (percent)
50 50a 50 50 NA 50
Building height -
maximum (feet or
stories, whichever is
less)b
75 feet or 5
stories
20 feet or
1 story
45 feet or
3 stories
105 feet
or 7
stories
150 feet or
10 stories
75 feet or 5
stories
Yard setbacks -
minimum (feet)
frontc 10 20 15 NR 20 10
rear
Abutting a residential
zone
46 46 46 46 46 46
abutting nonresidential
zone
15 15 15 15 15 15
side
interior
abutting a residential
zone
46 46 46 46 46 46
abutting a
nonresidential zone
5 5 NR NR NR See notee
street (abutting major
roads)c, d
10 20 15 NR 20 10
street (abutting all other
streets)c
5 5 5 5 15 10
Attachment B
Building separation -
minimum (feet)
20 20 20 20 20 20
Air conditioning,
mechanical roof and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping, lighting,
and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking and
loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash enclosure Subject to Section 9528
Visibility Subject to Sections 9520 and 9534
Wireless
communication facilities
Subject to Section 9426
Notes:
a A mezzanine may be permitted in the C-1 Zone provided it does not exceed 30% of the square footage of the ground floor area. b When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24. c Parking not permitted in the front or street side setbacks. d Major streets are defined as major, primary, and/or second arterials, as identified in the General Plan.
e Side setbacks shall be five feet for the first and second floors; 10 feet for the third and fourth floors; and 15 feet for the fifth floor.
NA = Not Applicable
NR = No Requirement
(b) General Development Standards.
(1) Conduct of Uses. All uses shall be conducted entirely within a completely enclosed building, except for off-street parking and loading facilities.
Businesses which require an open sales, service, and/or display area may be permitted modifications from this requirement when approved by the City Planner Director. In the C-2, C-3, and C-M Zones, outdoor activities and storage uses shall be screened from the public view by a solid decorative masonry wall or opaque ornamental fence not less than seven feet in height.
No chain-link fences are allowed. Displays and storage shall not exceed the height of the permitted fence.
(2) Outdoor Dining. Notwithstanding the provisions of Section 9314.06(B)(1), restaurants, cafés, coffee establishments, and other eating establishments may have an outdoor eating/dining area, subject to approval of a Minor Attachment B
Conditional Use Permit Site Plan Review by the City Planner Director.
Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than 42 inches in height that does not impede pedestrian movement, ADA access, or access to adjacent properties (Figure 9.3.4). No chain-link fences are allowed. (3) Landscaping. At least 10% of the total developed portion of the site in every Commercial Zone shall be devoted to landscaping as defined herein. At least 5% of the required landscaping shall be in the parking areas. Landscaping is required in front and street side yards in all Commercial Zones. Specific landscaping requirements are set forth in Section 9520 of this article.
Figure 9.3.4 Outdoor Dining
(4) Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in all Commercial Zones in accordance with the provisions of Section 9820.
SECTION 22. Section 9316.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9316.06. MIXED-USE ZONE PROPERTY DEVELOPMENT STANDARDS. (a) Specific Development Standards. Table 9.3.8 identifies the development standards for the Mixed-Use Zone.
Table 9.3.8. Mixed-Use Zone Property Development Standards Development
Standard MU Zone
Lot area -
minimum (square
feet)
7,500
Lot width - NR
Attachment B
minimum (feet)
Lot depth -
minimum (feet)
NR
Floor area ratio 4.0
Residential density
- maximum
24 du/ac
Building height -
maximum (feet)a
75 feet or 5 stories,
whichever is less
Yard setbacks -
minimum (feet)
front NR
rear
abutting a
residential zone
20 abutting
nonresidential
zone
NR
side
interior
abutting a
residential zone
20 abutting a
nonresidential
zone
NR
street NR
Building
separation -
minimum (feet)
NR
Air conditioning,
mechanical roof
and utility
equipment
Subject to Section 9504
Environmental
protection
standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of
Chapter 10 of Article IV of
this Code
Landscaping,
lighting, and walls
Subject to Section 9520
Nonconforming
uses, lots, and
structures
Subject to Section 9410
Off-street parking
and loading
Subject to Chapter 7
Attachment B
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash enclosure Subject to Section 9528
Visibility Subject to
Section 9520 and 9534
Wireless
communication
facilities
Subject to Section 9426
Notes:
NR = No Requirement
du/ac = dwelling unit per acre
a When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24. (b) General Development Standards.
(1) Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in the Mixed-Use Zone in accordance with the provisions of Section 9820.
(2) Transparency.
i. For ground floor retail uses, a minimum of 60% of the street-facing building façade between two feet and eight feet in height must be composed of clear windows that allow unobstructed views of indoor space or product display areas.
ii. The bottom of any window or product display window used to satisfy the transparency standard may not be more that than three feet above the adjacent sidewalk.
(3) Doors and Entrances.
iii. Buildings shall have a primary entrance door facing a public sidewalk.
Entrances at building corners may be used to satisfy this requirement. iv. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses. (4) Conduct of Uses. Businesses which require an open sales, service, and/or display area may be permitted subject to approval by the City Planner Director.
Outdoor activities and storage uses shall be screened from the public view by a solid decorative masonry wall or opaque ornamental fence not less than seven feet in height. No chain-link fences are allowed. Displays and storage shall not exceed the height of the permitted fence.
(5) Outdoor Dining. Notwithstanding the provisions of the preceding paragraph, restaurants, cafes, coffee establishments and other eating establishments may have an outdoor eating/dining area, subject to approval of a Site Plan Review by the Commission. Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than 42 inches in height that does not impede pedestrian movement, ADA Attachment B
access, or access to adjacent properties. No chain-link fences are allowed. (6) Open Space. Residential mixed-use development shall provide open space in accordance with the provisions of Section 9312.08(B)(8). Green roofs, plazas, and courtyards may partially fulfill open space requirements as determined appropriate by the Commission through the Site Plan Review process in accordance with the provisions of Section 9820.
SECTION 23. Section 9318.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9318.06. MANUFACTURING ZONES PROPERTY DEVELOPMENT STANDARDS. (a) Specific Development Standards. Table 9.3.10 identifies the development standards for all of the Manufacturing Zones.
Table 9.3.10. Manufacturing Zone Property Development Standards Development
Standard
Zone
M-1 M-2
Lot area - minimum
(square feet)
20,000 40,000
Lot width - minimum
(feet)
NR NR
Lot depth - minimum
(feet)
NR NR
Lot coverage -
maximum (percent)
NR NR
Building height -
maximum (feet or
stories, whichever is
less)a
45 feet or 3 stories 45 feet or 3 stories
Yard setbacks -
minimum (feet)
front 10 10
rear
abutting a residential
zone
46 46
abutting
nonresidential zone
20 20
side
interior
abutting a residential
zone
46 46
abutting a
nonresidential zone
NR NR
street 10 10
Attachment B
Building separation -
minimum (feet)
20 20
Air conditioning,
mechanical roof, and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping,
lighting, and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking
and loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash enclosure Subject to Section 9528
Visibility Subject to Sections 9520 and 9534
Wireless
communication
facilities
Subject to Section 9426
Vibration Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located. Subject to Section 9516.
Radioactivity and
electrical
disturbances
Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary lines of the property upon which the device is located.
Fire and explosion
hazards
All storage of, and activities involving, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices to the standards of the Fire Department. All incineration shall be prohibited. See Section 9518 of this article for fireworks.
Notes
a When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.
NR = No Requirement
(b) General Development Standards.
(1) Conduct of Uses. All uses shall be conducted entirely within a completely enclosed building. Outdoor activities and storage may be permitted provided such activities and storage are screened from the public view by a solid decorative masonry wall or opaque ornamental fence which shall not exceed Attachment B
10 feet in height. Such uses shall not extend above the wall or fence. No chain- link fences are allowed. Businesses which require open sales and display areas may be permitted modifications from this requirement when approved by the City Planner Director.
(2) Outdoor Storage. The outdoor storage of materials, products, waste products, and construction materials shall be prohibited between the front of the principal building or buildings and the public street which abuts the principal building or buildings. Any such exterior storage elsewhere on the property shall be screened by fencing or landscaping treatment in such a manner that such storage shall not be visible from any abutting Residential or Commercial Zone, public street, or public land. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may migrate or be transferred off the lot by natural causes or forces. Wastes which might cause fumes or dust, which constitute a fire hazard, or which may be edible by, or otherwise be attractive to, rodents or insects shall be stored only in closed containers in required enclosures.
(3) Showrooms. Warehouses are permitted to have showrooms and customer display areas, provided the showroom or display area does not exceed 10% of the gross floor area of the tenant space.
(4) Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in all Manufacturing Zones in accordance with the provisions of Section 9820.
SECTION 24. Section 9324.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9324.04. APPLICABILITY.
(a) A PUD may be located in any zone. The zone with which the Planned Unit Development Overlay Zone is combined shall be the base zone. The PUD Overlay Zone shall be shown on the Zoning Map by adding PUD to the zone (e.g., R-2 (PUD), R-3 (PUD), etc.).
(b) Whenever any PUD application encompasses more than one base zone, the following shall apply:
(1) The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone;
(2) The City Planner Director may allow intermixing of development and use standards between zone boundaries if the development standards and the permitted uses do not exceed those which would be permitted if the land area of each zone were developed separately.
(c) Where a conflict in regulations occurs, the regulations specified in this section shall apply.
SECTION 25. Section 9326.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9326.04. APPLICABILITY.
(a) The Biomedical Overlay Zone, and the standards contained in this section, shall apply to all areas designated on the Official Zoning Map as being within the Biomedical Attachment B
Overlay (BIO) Zone, except for any zones not comprised of Commercial or Manufacturing Zones.
(b) Whenever any proposed development application for a new, primarily biomedical development encompasses more than one base zone (consisting of Commercial and Manufacturing), the following shall apply:
(1) The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone;
(2) Through the Site Plan Review process, the City Planner Director may allow the application of development and use standards for any zone covering a portion of the proposed development in any other zone covering other portion of the proposed development if the entire development's F.A.R. and occupancy do not exceed those which would be permitted if the land area of each zone were developed separately.
(c) Where a conflict in regulations occurs, the regulations specified in this section shall apply.
SECTION 26. Section 9326.12 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9326.12. APPLICATION REVIEW.
The following review processes shall be modified to expedite the permitting and licensing process for new biomedical developments and businesses. The expedited processes listed below shall apply to all applications for development of projects intended to be primarily occupied by biomedical businesses or the establishment of biomedical businesses located in the Biomedical Overlay Zone. The application of these expedited processes shall be at the discretion of the City Manager, or designee. The process expedited to encourage biomedical uses shall be as follows:
(a) Conditional Use Permits.
(1) Within 60 days of a Conditional Use Permit application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body.
(2) The timeframes specified for the voiding of a Conditional Use Permit due to non-commencement of the use shall be extended by one year. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body.
(b) Site Plan Review.
(1) Within 60 days of a Site Plan Review application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body.
(2) The timeframes specified for the voiding of a Site Plan Review shall be extended by one year automatically upon the expiration of an approved Site Plan Review. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body.
(c) Business Licenses.
Attachment B
(1) Upon application of a business license for a business which meets the definition of "biomedical use" according to this code, an Economic Development Division staff member shall be assigned to assist in the coordination of all necessary on-site inspections required by the various City Departments (i.e. Building, Fire, and Planning).
(2) At the discretion of the City Planner Director, the City may not require an existing building to correct nonconformities when occupancy by a new biomedical use or expansion of an existing biomedical use is proposed. (d) Building Permits.
(1) For all building permit applications for a biomedical use, as defined in this code, the City shall waive the General Plan Revision fee of 0.2% of the building's valuation.
(2) The initial Building Permit plan check fee shall include four reviews and shall not exceed 75% of the adopted Building Permit Fee Schedule. (3) The City shall reduce the typical Building Permit plan check review timeframes by two days for each of the first two plan check reviews.
SECTION 27. Section 9404.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9404.06. DEVELOPMENT STANDARDS.
(a) Lot Area. A minimum lot area of 20,000 square feet. For lots with multiple tenant uses, a minimum of 20,000 square feet shall be provided for the portion of the lot devoted to the sale of used vehicles. A modification of the minimum area requirement, not to exceed 10%, may be granted at the discretion of the Commission. (b) Street Frontage. A minimum street frontage of 60 feet. For lots with multiple tenant uses, a minimum street frontage of 60 feet shall be provided for the portion of the lot devoted to the sale of used vehicles.
(c) Lot Coverage. A maximum of 50% of the lot, or portion of lot devoted to the sale of used vehicles, shall be used for vehicle display.
(d) Landscaping. A landscape planter, not less than 10 feet wide, shall be provided along the front and side street lot lines. Specific landscaping requirements shall be in accordance with Section 9520.
(e) Customer and Employee Parking. Customer and employee parking areas shall be easily accessible and located separately form vehicle display areas. Ground markings and signs shall clearly indicate the location of customer and employee parking.
(f) Public Address System. No public address systems or other exterior amplified sound systems shall be permitted.
(g) Decorative Bollards or Wrought Iron Fences. Decorative bollards or wrought iron fences may be provided along public rights-of-way. Said bollards or fences shall not be located in the required setback and require approval of the City Planner Director.
SECTION 28. Section 9406.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment B
§ 9406.06. APPROVALS.
(a) The Commission shall not grant any Conditional Use Permit for a drive-in business unless the Commission finds that:
(1) The proposed use complies with all the requirements set forth for the issuance of a Conditional Use Permit;
(2) The proposed use will not substantially increase vehicular traffic on any street in a residential zone;
(3) The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by interfering with pedestrian traffic; and (4) The proposed use will not create increased traffic hazards to pedestrians when located near a school, church, auditorium, theater, or other place of assembly.
(b) The site plan of development to be submitted for review shall include all necessary information as requested by the City Planner Director.
SECTION 29. Section 9408.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9408.06. REQUIRED PERMITS.
No person shall commence or carry on a home occupation in any residential zone, or mobile home/manufactured home park regardless of the zone, without first having procured a permit from the City Planner Director.
(a) The City Planner Director may issue a permit in conformance with the requirements of Sections 9408.08, and 9814 of this article and impose such conditions as are deemed necessary to protect the best interests of the community. (b) No permit issued shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.
(c) Any permit issued may be suspended or revoked by the City Planner Director when it appears that any condition imposed by the City Planner Director pursuant to this article has been or is being violated, or when it appears that the home occupation authorized by the permit has been or is being conducted in violation of any State statute or City law, or in a disorderly manner, or to the detriment of the public, or when the home occupation being carried on is different from that for which the permit was issued.
(d) Permits shall be valid for one calendar year and may be renewed annually. (e) No permit shall be issued or renewed unless the proper fee, as set by Council resolution, is paid.
SECTION 30. Section 9408.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9408.08 CONDITIONS.
No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with the following conditions:
Attachment B
(a) Any person conducting a home occupation use shall have a current and valid business license pursuant to Article VI, Chapter 2 of this Code. (b) If the person conducting the home occupation is not the owner-of-record of the premises upon which the home occupation is being conducted ("premises"), written consent from the owner-of-record shall be required prior to the issuance of any permit for the home occupation.
(c) Home occupations shall only be authorized as accessory uses to a residential use and shall be clearly incidental and secondary to the use of the premises for residential purposes.
(d) The home occupation shall be conducted entirely and exclusively within the confines of the principal residential structure, except for horticulture activities which may be conducted outdoors. It is explicitly prohibited to utilize any garage or accessory structure except as authorized herein.
(e) No residential structure shall be built or altered for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized from the exterior of the residential structure as a place where a home occupation is conducted (by materials, construction, color, lighting, signs, sounds, noise, vibrations, etc.).
(f) The total floor area of the residential structure used for the home occupation (including for the storage of any material or equipment) shall not exceed the lesser of 10% or 250 square feet, other than for the parking of an automobile in accordance with the provisions of this section.
(g) No portion of any residential structure shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use.
(h) No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use. (i) No sign associated with the home occupation shall be displayed at the premises, and there shall be no advertising which can be construed as encouraging customers, clients, or the public to visit the premises.
(j) The address of the home occupation shall not be advertised in any advertisement, publication, or notice (including on social media), unless otherwise required by law.
Business cards and letterhead are not included in this requirement. (k) No employee or person other than a verifiable permanent resident of the premises shall be allowed to work, gather, or congregate on the premises in connection with the home occupation, with the exception of cottage food operations as defined in California Health and Safety Code Section 113758.
(l) Garages or carports, whether attached or detached, shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces, other than the parking or storage of an automobile in accordance with the provisions of this section.
(m) No merchandise, inventory, stock in trade, scrap, or other materials related directly or indirectly with or resulting from the operation of the home occupation may be stored at the premises. Administrative supplies and equipment necessary for the home occupation may be stored solely within the residential structure or garage, so Attachment B
long as such storage otherwise adheres to the provisions of this section. (n) No mechanical equipment, material, or other substance or object shall be used in conjunction with the home occupation which is not customarily used in a residence. (o) No storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas. Storage of any hazardous, toxic, or combustible materials must comply with all applicable laws and regulations. (p) The home occupation use shall not have utility services other than those required for normal residence use.
(q) Only one vehicle used in conjunction with a home occupation may be parked or stored at the premises subject to the following restrictions:
(1) The vehicle is registered with the California Department of Motor Vehicles to a permanent resident of the premises.
(2) The vehicle is of a passenger automobile variety or a light truck, not having a gross vehicle weight rating of more than 8,500 pounds or exceeding 20 feet in length or 80 inches in width or 80 inches in height. Any vehicle that is registered with the Department of Motor Vehicles as a commercial vehicle – or that otherwise constitutes a commercial vehicle as defined by California Vehicle Code Section260, and that is used in conjunction with a home occupation at the premises – is explicitly prohibited from being parked or stored on any portion of the premises, including within the garage. (3) The vehicle is parked inside of a lawfully constructed, fully enclosed garage structure.
(r) The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, other than delivery services which are normally to be expected to serve a residential neighborhood (e.g., United States Postal Service, United Parcel Service, Federal Express, etc.). (s) Noise generated by the home occupation shall not exceed that normally associated with residential use, and shall otherwise be subject to all other provisions of the Downey Municipal Code. No mechanical equipment shall be used if such equipment makes a noise that is perceptible beyond the boundaries of the premises. (t) Persons with documented physical disabilities may be permitted special review by the City Planner Director, by filing a written request for a waiver of one or more conditions, or a portion thereof. Such request shall specify the condition(s) being sought to be waived and the reason(s) therefor.
(u) The home occupation and that portion of the premises being utilized for the home occupation shall be in compliance with all applicable laws – including applicable building, plumbing, electrical, mechanical, and health codes and regulations. (v) All persons conducting or participating in the home occupation shall consent to and provide access for entry and inspections of the premises by any person responsible for the enforcement of this section or any other provision of law pertaining to the home occupation between the hours of 8:00 a.m. and 6:00 p.m. or any other hours during which the home occupation is being conducted, in order to verify compliance with the Home Occupation Permit, the provisions of this section, or any other law, rule, or regulation applicable to the home occupation and premises.
SECTION 31. Section 9408.10 of Article IX of the Downey Municipal Code is hereby Attachment B
amended to read as follows (new language underlined, deleted language in strikeout):
§ 9408.10. PROHIBITED HOME OCCUPATIONS.
The following uses shall not be permitted as a home occupation:
(a) Adult businesses;
(b) Animal hospitals or grooming facilities;
(c) Animal training;
(d) Automotive repair (including body or mechanical), upholstering, painting, detailing, and washing – including, but not limited to, motorcycles, trucks, trailers, recreational vehicles, all-terrain vehicles (ATVs), and trailers;
(e) Body art facilities;
(f) Cabinet making and carpenter shops;
(g) Contractor storage yards;
(h) Firearms manufacture, sales, or repair;
(i) Furniture refinishing or upholstery;
(j) Junkyards;
(k) Machine shop and tool repair;
(l) Personal services;
(m) Tow truck service;
(n) Welding or machine operation;
(o) Other uses as determined by the City Planner/Community Development Director to be similar to those listed above, or which, by operation or nature, are not incidental to or compatible with residential activities.
SECTION 32. Section 9410.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9410.06. CONTINUATION OF A NONCONFORMING USE OR LOT.
(a) The lawful use or occupancy of a use, building, or structure existing at the time this article or amendments thereto take effect may be continued provided there is no relocation of, alteration or addition to any use, building, or structure, nor any enlargement of area, space, or volume occupied by such nonconformity except as allowed in Section 9410.12.
(b) A legal nonconforming use shall not be changed to another use, except to a use permitted in the zoning district in which it is located. (c) Any legal nonconforming use that is discontinued for 180 days or more shall not be reestablished.
(d) The City Planner Director may extend the 180 day limit for reestablishing a nonconforming use if a property owner can demonstrate to the City Planner Director's satisfaction based on substantial evidence that the use has not been Attachment B
discontinued and that the reestablishment of the use is being diligently pursued or that a building permit for reconstruction, without alteration or enlargement, has been issued. The decision of the City Planner Director may be appealed to the Commission in accordance with Section 9806.
(e) A legal nonconforming use shall not increase in intensity or expand its activities. (f) Any lot which does not meet the minimum lot area, lot width, or lot depth for the zoning district in which it is located may be used or have a building or structure erected upon it, provided said use, building, or structure complies with the development standards for the underlying zoning district.
SECTION 33. Section 9410.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9410.08. ELIMINATION OF A NONCONFORMING USE OR STRUCTURE. (a) Discontinuance of a Nonconforming Use When No Structure Involved. In any zone the nonconforming use of land shall be discontinued within one year from the date of notification in accordance with the provisions of this section. the time limits specified in Section 941.0.06 (c), unless an exception is granted pursuant to Section 9410.06(d).
(b) Discontinuance of a Nonconforming Use of a Building or Structure. All nonconforming uses of a building or structure shall be discontinued within the time periods specified below, unless an exception is granted pursuant to Section 9410.06(d): In any zone, any nonconforming use, building, or structure may be ordered terminated by the Council within a period of time less than specified above upon a finding that such use constitutes a nuisance or a danger to the public health, safety, or general welfare that necessitates a lesser amortization period. (1) Type 1 Buildings (fire resistant) – offices, hotels, theaters, warehouses, lofts, stores, garages, and industrial: Twenty years after October 28, 2008. (2) Type 2 and Type 3 Buildings (heavy timber construction and ordinary masonry) – apartments, offices, hotels, residences having stores or offices below and apartments or offices above, warehouses, stores, garages, lofts, and factories and industrial buildings: Twenty years after October 28, 2008. (3) Type 4 and Type 5 Buildings (light incombustible frame and wood frame):
Twenty years after October 28, 2008. Single-family residences existing in the C-P Zone as of October 28, 2008 shall not be nonconforming buildings for the purposes of this section, so long as they are used for residential purposes. (4) All other buildings and structures, including all buildings or structures not previously set forth: Fifteen years after October 28, 2008. (5) All other uses, including uses not previously set forth: Ten years after October 28, 2008.
(c) Notification Procedures. The City Planner may determine those properties for which lawfully existing uses, buildings, or structures were rendered nonconforming by reason of adoption of this article and the Official Zoning Map. Written notice of the City Planner's determination of such nonconformity, the termination procedures, and requirements of this section shall be mailed to all owners of record and to the occupant of each such property.
(d) Exception Procedures. Within one year of the date of mailing of such notice under Attachment B
the provisions of Section 9410.08(C), any property owner, lessee with the consent of the owner, or purchaser of such property acting with the consent of the owner may apply to have such property excepted from the provisions of this Section as follows:
(1) Application Requirements. An exception from the requirements of this section shall be initiated by submitting an application to the City Planner. (2) Commission Action. The Commission shall hold a noticed public hearing in accordance with the procedures in Section 9804 within a reasonable time on each application for an exception from the termination requirements of this section. Following the hearing, the Commission may determine whether the use of the property on the date of adoption of this article is compatible with and not detrimental to the land uses designated in the General Plan for the surrounding area and properties, and may issue a certificate of exception.
The Commission may recommend such conditions as it may find necessary to ensure compatibility, including, but not limited to:
(i) Required improvement of or modifications to existing improvements on the property;
(ii) Limitations on hours of operations;
(iii) Limitations on the nature of operations; and
(iv) A specified term of years for which the exception shall be granted. (3) Appeal of Commission Action. The decision of the Commission may be appealed in accordance with Section 9806.
SECTION 34. Section 9410.12 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9410.12. ADDITIONS, ENLARGEMENT, AND REMODELS.
A legal nonconformity shall not be enlarged in volume or extended or relocated beyond the area it occupies. However, when a residential, commercial, or manufacturing building or structure established legally becomes nonconforming under the provisions of this article, specifically related to setbacks, lot size, or height limit, the structure may be enlarged or extended under the following provisions:
(a) All additions shall be constructed in a manner that is conforming to the provisions of this article.
(b) Notwithstanding the provisions of this chapter, where R-1 or R-2 zoned properties or R-1 or R-2 uses on R-3 zoned property are nonconforming solely because of insufficient required enclosed off-street parking, such nonconforming use, building, or structure may be expanded or enlarged provided such expansion or enlargement does not exceed 50% of the existing floor area of the principal dwelling and the applicant demonstrates to the satisfaction of the City Planner Director that such expansion or enlargement does not prevent the future establishment of required enclosed off-street parking.
(c) Any building that is proposed to be remodeled or renovated such that 50% or greater of any existing linear footage interior and exterior walls or existing square footage of floor area is demolished or removed within a two-year period, shall be considered as a new building and conform to all current development standards for that district.
SECTION 35. Section 9418.12 of Article IX of the Downey Municipal Code is hereby Attachment B
amended to read as follows (new language underlined, deleted language in strikeout):
§ 9418.12. OCCUPANCY.
Restrictions on occupancy on the basis of age shall be imposed on senior citizen housing developments subject to the following limitations:
(a) The owner of any senior citizen housing development constructed pursuant to the provisions of this section shall file a covenant with the City Planner Director for recording with the County Recorder, prior to issuance of a building permit, that states the building or buildings shall be used in perpetuity as residences for senior citizens and qualified residents, and that if such development is used for any other purpose, the owner shall cease the use of the building or buildings until they are remodeled or rebuilt to comply with the applicable provisions of this article for uses other than senior citizen housing.
(b) Conditions, covenants, and restrictions or other written documents pertaining to occupancy shall be approved by the City Attorney to ensure conformity with the provisions of this section.
(c) Conditions, covenants, and restrictions (CC&Rs) or other documents or written policy shall not limit occupancy, residency, or use on the basis of age more proscriptively than to require that at least one person residing in each dwelling unit be a senior citizen and that each other resident in the same dwelling unit be a qualified resident. (d) Upon the death, hospitalization, other prolonged absence of, or dissolution of marriage with, the resident senior citizen, a qualified resident shall be entitled to continue his or her occupancy of the dwelling unit for a period of up to one year. (e) Conditions, covenants, and restrictions or other written documents shall permit, as a guest of a senior citizen or qualified resident, temporary guest residency by a person less than 62 years of age for not less than 60 days in any calendar year. (f) Owners of senior citizen housing developments operated for rental purposes shall maintain an annually updated log that notes the senior citizen and any qualified residents in each unit. This log shall be made available to the City Community Development Department for review upon request.
SECTION 36. Section 9420.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.02. INTENT AND PURPOSE.
The intent and purpose of this section is to provide regulations for special events, including temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large (i.e., 150 or more people) neighborhood block parties events. This section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this article.
SECTION 37. Section 9420.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.04. REVIEW PROCESS.
(a) The City Planner Director has the authority to issue Special Event Permits pursuant to the procedures outlined for Administrative Permits in Section 9814, provided the following criteria are met and the application is consistent with any other applicable Attachment B
regulations in this article:
(1) The Special Event shall not exceed 30 thirty (30) days during any 12 twelve (12) month period, unless otherwise permitted in this section; (2) The property owner has authorized the special event in writing; (3) The application is submitted at least thirty (30) days prior to the scheduled activity; and
(4) A permit fee established by resolution of the Council shall be paid for each Special Event Permit.
(b) If an event is of a scale (e.g., large in area or number of persons) or involves a specific use activity that may result in extensive substantial potential, even temporary, impacts to the community (e.g. traffic, noise, proximity to sensitive uses, overlaps with City or other events that may impact emergency response times), the City Planner Director may use his/her discretion, and forward the Special Event Permit application to the Commission for their decision in accordance with Section 9804. (c) Events involving over 500 people shall require Commission approval. The Special Event Permit application shall be reviewed by the Community Development, Fire, Police, Public Works, and any other applicable Departments/Agencies and specific Conditions of Approval may be imposed. The event shall be required to comply with fire prevention standards, emergency access and safety requirements, and building and safety requirements, as specified by the appropriate Departments or Agencies.
SECTION 38. Section 9420.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.06. GENERAL REQUIREMENTS.
Except as otherwise specified in the section, the following general operational conditions shall apply to all special events for which a Special Event Permit is required:
(a) The City Planner Director shall prescribe the type and form of information required to process the Special Event Permit, in accordance with the provisions for Administrative Permits in Section 9814. Property owners within a radius of 100 feet of the exterior boundaries of the event site shall be notified 10 days in advance of the event date, in accordance with Section 9814.06(e).
(b) Activities shall be restricted to that portion of property so designated on the a site plan.
(c) The applicant shall provide documentation to the City Planner Director with the application request, with a detailed plan of an approved site plan by the City Fire Department and Police Services describing how the event will be managed to ensure that it does not create for meeting public safety or community impacts requirements when applicable, which may include but is not limited to security plan, emergency operations plan, queuing plan, and on-site management plan with a letter of operation.
(d) The application shall be reviewed by the respective Departments to determine appropriate City Engineer shall review and conditions of approval approve regarding the site plan layout, regarding adequate parking and traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress, when applicable.
Attachment B
(e) Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum width of five feet).
(f) The site plan and all signs shall comply with this article and the specific design standards set forth in this section.
(g) Any sales activities shall be confined to the activity, and/or sale of the goods or services specified in the Special Event Permit only.
(h) The Special Event Permit shall specify the event's set-up dates and expiration date, and the removal date of all associated materials and site clean-up. (i) All temporary signs and other display materials placed in outdoor areas, as approved for the event, shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified in the Special Event Permit. (j) Sound systems are not permitted unless specifically approved as part of the Special Event Permit.
(k) Temporary signs associated with special events are permitted as provided in Section 9618.06 or as otherwise approved as part of the Special Event. (l) Additional conditions may be applied as determined by the City Planner Director (or Commission) as necessary to protect the public's health, safety, and welfare. (m) A Special Event Permit does not relieve an applicant from obtaining other permits or permissions as may be required by other county, state, or other agencies.
SECTION 39. Section 9420.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.08. SPECIAL CENTERWIDE EVENTS.
Special centerwide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center.
Commercial centers may conduct such events subject to the following requirements:
(a) Special centerwide events may be held up to three times a year over a maximum of three consecutive days per event. Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year. In no case shall the combined total of centerwide events plus individual sales for any business exceed six events during any calendar year.
(b) Events shall be subject to the approval of a Special Event Permit. Applications shall be submitted to the City Planner Director by the commercial center owner or manager.
(c) The application shall include provision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the Special Event Permit. The City may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.
(d) The application shall be reviewed by the City Fire Department and Police Department, and the event shall comply with fire prevention standards and emergency access requirements as specified by the Battalion Chief and Chief of Attachment B
Police. The City Planner Director may also submit the application to other agencies for review and approval of an event.
SECTION 40. Section 9420.10 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.10. TEMPORARY OUTDOOR SALES BY INDIVIDUAL BUSINESSES.
Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retail business, of merchandise that is normally displayed indoors at the same location as the outdoor sale. Temporary outdoor display and sales of merchandise may be permitted by the City Planner Director or his or her designee and are allowed in the C-1, C-2, C-3, C-M, and M-U Zones. Application for a Temporary Outdoor Display and Sales Permit shall be made on forms prescribed by the Planning Division and shall include a site plan indicating the proposed location of the display area. The following conditions apply to each permit:
(a) Outdoor sales shall only be permitted as an extension of an existing business and shall be conducted entirely on the site on which the business is located. (b) The display area shall not occupy more than 10% of the number of required parking spaces for the applicant's business.
(c) The display shall not encroach upon required driveways, or public rights-of-way, impede emergency vehicle access, or prevent access to any other business. (d) Sales area shall not block required building exits and shall maintain at least four foot wide aisles.
(e) No part of the display area shall be located within 100 feet of an adjoining residentially zoned property.
(f) No more than four temporary outdoor displays and sales shall be permitted in one calendar year per business unit, and shall not exceed 20 days accumulated total. (g) All signage shall be subject to Section 9618.06. (h) Temporary structures such as tents or buildings shall be subject to approval of the City Building Division and Fire Department.
SECTION 41. Section 9420.14 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.14. CHRISTMAS TREE AND PUMPKIN SALES FACILITIES.
The sale of Christmas trees and wreaths, and pumpkins may be permitted by the City Planner Director in any commercial or manufacturing zone subject to the following regulations:
(a) Dates of Operation. Christmas tree and pumpkin sales shall adhere to the following operation dates:
(1) Christmas tree sales facilities shall not open for business prior to the day after Thanksgiving and shall close no later than December 31. (2) Pumpkin sales facilities shall not open for business prior to October 1 and shall close no later than November 1.
(b) Merchandise to be Sold. Christmas tree and pumpkin sales are limited to the Attachment B
following:
(1) A Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. (2) A pumpkin sales facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. (c) Removal of Facility. Christmas tree and pumpkin sale facilities must meet the following removal regulations:
(1) Christmas tree sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within three (3) days after the closing date.
(2) Pumpkin sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within three (3) days after October 31.
SECTION 42. Section 9420.16 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.16. CERTIFIED FARMERS' MARKETS.
Certified farmers' markets may be permitted by the Council in any Commercial or Mixed-Use Zone subject to the provisions of this section. (a) Admissible vendors and products include the following:
(1) Agricultural Producers (Farmers and Fisherman).
(i) Certifiable Agricultural Products.
(A) These products include fresh fruits and vegetables, nuts in the shell, honey, eggs, nursery stock, and cut flowers.
(B) Product certification is made by the County Agricultural Commissioner in the county of production.
(C) Certifiable agricultural products can only be sold at the farmer's market by the producer who produced them, the
producer's employees, or the producer's immediate family. (ii) Non-Certifiable Agricultural Products.
(A) These products include dried fruits and vegetables, processed nuts, juices, jams, pickled or smoked agricultural products, live animals, livestock, aquaculture, viticulture and vermiculture. (B) These products may be dried, ground, roasted, juiced, smoked or otherwise altered in a one-stage process by a second party. (C) Canned foods are permitted if processed in an approved facility.
(D) Products in this category must have been grown, bred, raised, cultivated or collected upon land, which the producer controls. (2) Prepared Foods Producers (Non-Agricultural Products).
Attachment B
(i) Prepared foods producers may sell products which they have cooked, canned, preserved or otherwise treated.
(ii) Canned foods are permitted if processed in an approved facility. (iii) Prepared food products may not compete with products made by farmers from their own products.
(3) Commercial Sellers (Non-Agricultural Products).
(i) Commercial sellers may sell ethnic or specialty hot foods, which they prepare in a licensed kitchen and/or at their respective market spaces. (ii) Commercials sellers may also include anyone selling fresh or canned fish. The sellers are not required to have caught the fish offered for sale.
(4) Arts and Crafts Vendors (Non-Agricultural Products). (i) Artisans may sell original art, craftwork or handmade items, which they created, constructed or produced themselves.
(ii) Products must be of the highest quality, handcrafted, and may not be imported.
(iii) The reselling of arts and crafts products is not allowed. (5) Youth Oriented Vendors (Non-Agricultural Products). (i) These vendors may sell products and services of interest to young people. Such products or services shall involve active participation from young people.
(ii) Vendors in this category may include bounces, petting zoos, magicians, clowns, face painters, and puppet makers.
(6) Non-Profit Organizations and Community Information. Non-profit organizations and community information groups may distribute literature, and solicit signatures, volunteers and donations.
(7) Performing Artists.
(i) Performing artists may distribute literature and sell products showcasing the talents which they are demonstrating at the farmers' market.
(ii) Performing artists in this category may include musicians selling CDs and merchandise, martial artists distributing literature, and dancers selling videos.
(8) Local Businesses. Local businesses located in the City may be eligible to have a table at the farmers' market for the sole purpose of distributing literature about the service(s) or product(s) they sell. (9) Sponsors. Sponsors may only advertise, distribute literature and provide free samples and demonstrations of their products and services for the duration of their sponsorship period.
(b) The Commission and the Council on appeal shall have the authority to determine the admissibility of vendors and/or services and/or products for the farmers' market as Attachment B
necessary to protect the public's health, safety, and welfare. (c) Certified farmers' markets events are limited to one day per week for a maximum of eight hours per event.
(d) Operation of a certified farmers' market shall conform to all the provisions of this section which include, but are not limited to locations, security, water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, traffic control, and permits that may include building, electrical, health and tent.
(e) California Certified Farmers' Markets are operated in accordance with regulations established by the California Department of Food and Agriculture and must display a valid health permit.
SECTION 43. Section 9420.18 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.18. SPECIAL OUTDOOR EVENTS – NONRESIDENTIAL ZONE.
Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in outdoor facilities. Special outdoor events are permitted in all nonresidential zones provided the following requirements are met:
(a) General Requirements.
(1) Activities conducted on property owned by or leased to the City and on public road rights-of-way shall require an encroachment permit issued by the City Engineer.
(2) Events shall not exceed 10 ten (10) consecutive days and shall not occur more than four (4) times in a calendar year.
(3) Special outdoor events shall required require City Planner Director approval prior to the start of the event. Furthermore, a Special Event Permit shall be required for special outdoor events of 150 people or more, including spectators and participants.
(b) Applications. Applications for Special Event Permits shall be referred by the City Planner Director to other affected City departments or other public agencies as may be appropriate for review and comment.
Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Planner Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, and tent permits from other outside agencies. Required permits by outside agencies are the sole responsibility of the applicant.
(c) Cash Bond. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the Special Event permit.
(d) Liability Insurance. The applicant must provide proof to the City of minimum liability insurance in an amount determined by the City Attorney for the special event prior to Attachment B
approval of the special event.
(e) Notification. The City Planner Director may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the City Planner Director.
SECTION 44. Section 9420.20 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.20. SPECIAL OUTDOOR EVENTS – RESIDENTIAL ZONES OR LAND USES.
Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious, or entertainment events and neighborhood or community gatherings in outdoor facilities where vehicular traffic on any public right-of- way would be impeded by the event.
Special outdoor events are permitted in all residential zones subject to the following requirements:
(a) General Requirements.
(1) Activities conducted on property owned by or leased to the City or on public rights-of-way shall require an encroachment permit issued by the City Engineer.
(2) Events shall not exceed three (3) consecutive days and shall not occur more than four times in a calendar year.
(b) Applications. Applications for permits or certificates required by this section shall be referred by the City Planner Director to other affected City departments or public agencies as may be appropriate for review and comment.
Issues, including but not limited to police and security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Planner Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, tent, encroachment, and other permits.
Required permits by outside agencies are the sole responsibility of the applicant. (c) Cash Bond. A cash bond or other guarantee shall be posted with the City for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.
(d) Liability Insurance. The applicant must provide to the City proof of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the event.
(e) Notification. The City Planner Director may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the City Planner Director.
SECTION 45. Section 9420.22 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.22. GARAGE, YARD, MOVING, AND ESTATE SALES.
Attachment B
Upon the issuance of a permit by the City Planner Director, garage, yard, moving, or estate sales are allowed in the garage, driveway, and/or front yard or setback areas of a dwelling unit in the R-1, R-2, R-3, or R-3-O zones. Garage, yard, moving, and estate sales include the display of personal household goods for sale.
Garage, yard, moving, and estate sales shall be permitted as temporary accessory uses in residential zones subject to the following regulations:
(a) Application. An application to conduct a garage, yard, moving, or estate sale shall be made to the City Planner Director provided on forms provided by the City Planner Director available at the City.
(b) Fee. Such applicant shall pay a fee as determined by the Council Resolution for each permit at the time of issuance.
(c) Sale Frequency.
(1) Garage, yard, or moving sales may be conducted a maximum of two times per calendar year per residence and may not be conducted for more than two consecutive days or three days on extended national holidays. Inclement weather may extend the period of time equal to the days lost. (2) Estate sales may be conducted a maximum of 10 ten (10) days per calendar year per residence and may not be conducted on more than two consecutive weekends.
(d) Hours. The hours of the garage, yard, moving, and estate sales shall be no earlier than 7:00 a.m. and no later than 8:00 p.m.
(e) Sale Area.
(1) Garage, yard, and moving sales areas shall be confined to the garage and the driveway area within the front setback area. Where no driveway exists, one-half (½) of the property width in the front setback area may be used for the sale of merchandise.
(2) Estate sales shall only include sale of household goods inside the dwelling unit.
(3) No item for sale shall obstruct the public right-of-way. (f) Prohibitions. It is unlawful for any person to exchange, barter, trade, or sell any of the following at a garage, yard, moving, or estate sale: firearms, ammunition, or explosives; undomesticated animals and livestock; any item of personal property from which the serial number has been removed; or any other item prohibited by City, county, state, or Federal law. Additionally, outside consignments and lot purchases and the like shall not be permitted.
(g) Estate Sales. Estate sales shall only be conducted by a duly licensed and bonded liquidation company. The amount of bond shall be as determined by the City Planner Director.
SECTION 46. Section 9424.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9424.04. GENERAL STANDARDS.
All temporary uses and structures shall meet the following general requirements, unless Attachment B
otherwise specified in this section:
(a) The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare. (b) The temporary use shall not have substantial adverse noise impacts on nearby residential uses.
(c) Fencing and screening shall be required, and reviewed and regulated as part of the Temporary Use of Land permit.
(d) Permanent alterations to the site are prohibited. (e) If the property is developed, the site of the temporary use shall contain an area that supports the temporary use without encroaching into or creating a negative impact on existing buffers, open space, landscaping, pedestrian and vehicular traffic movements (including emergency vehicle access), and parking space availability. (f) If the property is undeveloped, the site of the temporary use shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers. (g) Temporary structures shall be located so as to not interfere with the normal operations of any permanent use located on the property. (h) The temporary use shall not violate any applicable conditions of approval that apply to the main use on the site.
(i) Off-street parking shall be adequate to accommodate the proposed temporary use. (j) All approved temporary signs associated with the temporary use shall be removed when the activity ends.
(k) All inspections and permits required by applicable construction codes shall be obtained.
(l) Any temporary use or structure, which will be utilized for longer than 90 days, may be reviewed for aesthetic impacts by the City Planner Director. (m) Any temporary use or structure shall provide on-site, ADA accessible, sanitary restroom facilities.
(n) All temporary structures shall be approved through a Temporary Use of Land Permit in accordance with the procedures in Section 9814, unless otherwise approved in accordance with the procedures in Section 9420 and Special Event Permit procedures in Section 9814.
SECTION 47. Section 9424.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9424.06. SPECIFIC STANDARDS.
(a) Construction-Related Activities – Temporary Buildings and Building Materials.
Temporary construction-related activities, including construction offices and storage buildings, outdoor storage, restroom facilities, employee parking areas, and any other temporary construction-related use or activity may occur on a lot in any zone during the construction period, but not for a time period exceeding one year. Such temporary storage of building materials and such buildings and structures shall be removed Attachment B
immediately upon the completion of the project. The City Planner Director, for good cause shown, may extend the time not to exceed one year. The lot or area used for temporary activities shall be restored to its previous condition or integrated into the new development consistent with approved permits for the site. (b) Temporary Construction Fences. Temporary construction fences may be approved by the Building Official on a lot in any zone during the construction period, but not for a time period exceeding one year. Temporary construction fences shall not require a Temporary Use of Land Permit. Such temporary construction fences shall be removed immediately upon the completion of the project. The Building Official, for good cause shown, may extend the time not to exceed one year. (c) Temporary Dwellings. In any residential zone an existing dwelling on a lot may be used for temporary dwelling purposes during the construction of a permanent dwelling, and the nearest portion of the temporary dwelling shall be located not closer than 50 feet to the front lot line, and in no case shall such temporary dwelling remain on such lot longer than 60 calendar days after the completion of the permanent dwelling.
(d) Temporary Occupancies. The temporary occupancy of managerial units may be granted for rental property. An individual building in multi-building developments may be granted temporary occupancy provided all units in the building are complete; all yard improvements, such as walks, paving, parking, solid waste storage areas, or other requirements for that building, are complete; and provided the occupancy of all units in the last building of a multi-building development shall be withheld until all requirements of the project have been completed.
SECTION 48. Section 9426.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9426.04. DEVELOPMENT REGULATIONS.
(a) Applicants proposing the development of wireless communication facilities in the City shall locate their antennas based on the following priorities:
(1) Collocation onto an existing wireless base station or tower. (2) On the side, roof, and/or penthouse of an existing building that does not have other wireless facilities.
(3) Construction of a new tower facility.
(b) Except as noted below in Section 9426.04(c), wireless communication facilities shall require approval of a Conditional Use Permit, pursuant to Section 9824, and shall be subject to the following regulations:
(1) Wireless communication facilities shall not be located within the R-1 or R-2 Zones, except on non-residentially improved properties. (2) In the R-3, R-3-O, and M-U Zones, wireless communication facilities shall only be located on the side, roof, and/or penthouse of an existing building. (3) In all other zones, wireless communication facilities may be located either on the side, roof, and/or penthouse of an existing building; or may be located on a new standalone/tower facility.
(4) Wireless communication facilities shall be designed to conceal (stealth) all antennas and related equipment.
Attachment B
(5) Wireless communication facilities shall not bear any signs or advertising devices except for warnings, certification, or other required seals or signing addressing public safety.
(6) All accessory equipment associated with the operation of a wireless communication facility shall be located within a building enclosure, or in an underground vault that complies with the development standards of the zone in which the accessory equipment is located. If the equipment is to be located above ground, it shall be housed in a structure that is visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
(7) Facilities shall be constructed with colors and non-reflective materials that blend with their surroundings.
(8) Facilities should be located whenever possible where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
(9) Facilities should be located whenever possible near light poles, trees, water tanks, church steeples, and in areas where the proposed facility will not excessively detract from the image of the City.
(10) All wireless communication facilities shall be located at the lowest possible height that will allow them to operate. In no case shall any such facility exceed the maximum permitted height for the applicable zone in which it is to be located, except as listed below:
(i) Wireless communication facilities that are located on the roof of an existing building may extend to an additional six feet above the roof of the building.
(ii) New tower facilities shall not exceed a height of 38 feet in any zone, regardless of any other applicable height limitation for that zone.
However, this height may be increased to 50 feet provided the tower is more than 200 feet from any residential zoned property. (11) Wireless communication facilities shall comply with all setback, building separation, lot coverage, landscaping, variable height, and all other additional standards established for the zone in which the tower facility is to be located, and as determined by the City Planner Director.
(c) Notwithstanding the requirements set forth in subsection (b), any change to an existing wireless communication facility that does not substantially change the physical dimensions of the wireless communication facility, shall be considered in compliance with the original approval and development standards. For purposes of this section, a substantial change to the physical dimensions shall mean any of the following:
(1) Increase the height of the wireless communication facility by more than 10%, not to exceed 20 feet, or one additional array.
(2) Protrudes from a tower further than the existing appurtenances or 20 feet, whichever is greater.
(3) Protrudes from a base station structure more than six feet. (4) Adds more than four equipment cabinets.
Attachment B
(5) Requires excavation outside of the existing lease area. (6) Would defeat the existing concealment elements of the tower or base station. (7) Does not comply with any conditions of approval of a prior approval, except conditions limiting the number of antennas/equipment, height, or width of the wireless communication facility.
SECTION 49. Section 9426.10 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9426.10. SATELLITE DISH ANTENNAS.
Satellite dish antennas shall be reviewed and approved by the City Planner Director for compliance with the following development standards:
(a) Satellite dish antennas shall not be permitted in the required front yard or street side yard (corner lots), except for the following:
(1) Satellite dish antennas including portable dish antennas two feet in diameter or smaller.
(b) Ground-mounted satellite dish antennas shall not exceed a height of 15 feet to the top of the dish.
(c) All satellite dish antennas shall be supported on a stable, supported base or tower approved by the Building and Safety Division.
(d) Application for permits for roof-mounted satellite dish antennas greater than two feet in diameter shall be reviewed and approved through the Site Plan Review process by the Commission. The Commission shall require the applicant to demonstrate that a suitable location does not exist on the property for a ground-mounted antenna.
Valid reasons for lack of suitability include electrical interference, lack of space due to existing property improvements, and conflict with other ordinances or easements. (e) The maximum diameter of a roof-mounted satellite dish antenna on the principal dwelling or accessory structure shall be five feet, and the roof-mounted satellite dish antenna shall be restricted to the rear one-half (½) of the principal dwelling or accessory structure from any street frontage.
(f) The top of a roof-mounted antenna greater than two feet in diameter shall not exceed five feet from the top of the antenna to a point on the roof directly below. (g) The Commission shall require that the placement of each approved roof-mounted antenna in conformance with these regulations minimizes visibility from the street.
SECTION 50. Section 9430.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9430.04. EMERGENCY SHELTER STANDARDS AND REGULATIONS.
In addition to the development standards of the zone in which they are located, emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations:
(a) A single emergency shelter for 30 occupants, or a combination of multiple shelters with a combined capacity not to exceed 30 occupants, shall be allowed as a permitted use, consistent with Section 65583(a)(4)(A) of the Government Code. All emergency Attachment B
shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below and the development standards of the zone in which they are located. Any emergency shelter with a capacity greater than 30 occupants shall also be subject to the approval of a conditional use permit, as set forth in Section 9824 of this Code.
(b) The facility shall operate on a first-come, first-serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night.
A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.
(c) To avoid over-concentration of emergency shelter facilities, a minimum distance of 500 300 feet shall be maintained from any other emergency shelter, as measured from the property line.
(d) Service providers shall provide sufficient numbers of male and female toilets- restrooms for clients and prospective clients to have access to use on a 24 hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.
(e) Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six foot tall decorative wall or fence.
(f) Adequate waiting areas must be provided within the premises for clients and prospective clients including 10 square feet per bed, with a minimum of 100 square feet, to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.
(g) Facility improvements shall comply with the Downey Municipal Code and the most current adopted Building and Safety Code, specific to the establishment of dormitories and shall additionally provide:
(1) A minimum of one toilet for every eight beds per gender. (2) A minimum of one shower for every eight beds per gender. (3) Private shower and toilet facility for each area designated for use by individual families.
(h) Bike rack parking shall be provided at the facility. (i) Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of Section 9520 of this Code. (j) The facility may provide the following services in a designated area separate from sleeping areas:
(1) A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six foot tall visually screening decorative wall or fence.
(2) A counseling center for job placement, educational, health care, legal services, or mental health services.
(3) Laundry facilities to serve the number of clients at the shelter.
Attachment B
(4) Kitchen and dining area.
(5) Client storage area.
(6) Similar types of facilities to address the needs of homeless clients, as determined by the City Planner Director.
(k) A shelter management plan shall be submitted to the City Planner Director for review and approval prior to the establishment of an emergency shelter. The shelter management plan shall address all of the following:
(1) Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the City prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project. (2) A minimum of one staff member per 15 beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code Section 290.
(3) Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment.
(4) Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Downey.
(5) Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed 120 days in a 365 day period.
(6) Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.
(7) Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity shall be provided to the City Planner Director.
(8) Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every 24 hour period. (9) Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, City staff, or the general public.
(10) Service providers shall address how staff will address and regulate alcohol and illegal drug use by clients on the premises.
(11) Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Readmittance policies for Attachment B
clients who have previously been expelled from the facility shall also be established.
(12) The establishment shall implement other conditions and/or measures as determined by the City, in consultation with other City/County agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.
(13) Other requirements as deemed necessary by the City to ensure that the facility does not create an adverse impact to surrounding properties. (l) The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, Building and Fire Codes. The facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's Management Plan and other applicable laws and standards.
SECTION 51. Section 9504 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9504. AIR CONDITIONING, MECHANICAL ROOF, AND UTILITY EQUIPMENT.
All mechanical equipment, including but not limited to air conditioning, mechanical roof, and utility equipment shall be designed and located so as to not transmit noise or vibration to abutting properties. Such equipment shall also be screened from view from abutting or adjacent properties or public streets by the use of landscape screens, walls, or other devices, and such screening shall consider the view of air conditioning equipment from abutting multi-story buildings. See Figures 9.5.1 and 9.5.2.
Figure 9.5.1. Typical Screening of Mechanical Roof Equipment
Attachment B
Figure 9.5.2. Typical Screening of Outdoor Surface Equipment The determination of the adequacy of screening shall be made at the time of Site Plan Review. In addition, the following shall be required:
(a) In residential zones, no mechanical equipment, such as, no swimming pool, water heater, or air conditioning equipment or utility equipment such as electrical panels, water meter or gas meter shall be located in any street setback or within five four (4) feet of an interior property line.
(b) In the R-1 and R-2 zone, there shall be no roof mounted equipment, except small wind energy systems, solar water heaters, solar power, or other passive solar energy systems.
(c) In commercial or industrial zones, no swimming pool, air conditioning, or utility equipment (transformer pads, and the like) shall be located within any portion of a street setback required to be landscaped or within a setback required adjacent to a residential zone.
(d) Screening materials shall be architecturally compatible with the principal building and adjacent structures subject to the approval of the City Planner Director.
See Section 4606 of Chapter 6 of Article IV of this Code.
SECTION 52. Section 9510.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9510.08. APPLICATION FOR CONVERSION.
In addition to the requirements relating to application for a Tentative Tract Map or Parcel Map and Conditional Use Permit, the application for a condominium conversion shall include the following:
(a) Preliminary Application Procedures. A preliminary condominium conversion application consisting of:
(1) Tenant and rental information which shall consist of the name and address of each present tenant of the project, and the identification of the vacant units.
This list shall be updated prior to subsequent hearings. (2) Schedule of proposed improvements which shall be made to the project prior to their sale; said list shall not prohibit the applicant from making additional improvements.
Attachment B
(3) A plot plan of the project including the location and sizes of structures, parking layout, and access areas.
(4) A request for inspection of the entire property and individual dwelling units prior to filing a formal application for conversion. This inspection shall consist of a:
(i) Property report which shall describe in detail any Building Code violations, the conditions and remaining useful life of all structures, roofs, foundations, mechanical, electrical, plumbing, structural elements, energy conservation efficiency, plus an analysis of the general condition of ceilings, walls, doors, windows, and appliances.
Said report shall be prepared by a team consisting of an approved registered civil or structural engineer, a licensed architect, or registered architectural designer, and a licensed general contractor.
The cost of such report shall be at the applicant's expense. If building inspection reports have been submitted to the California Department of Real Estate, such reports shall be furnished to the City; (ii) Structural pest control report, prepared by a licensed pest control contractor;
(iii) Acoustical report, indicating:
(A) The type of construction between the dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and
(B) The feasibility of various levels of improvements, prepared by a qualified acoustical engineer; and
(iv) Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.
(b) Formal Application Procedures. Subject to satisfactorily completing the requirements of Section 9510.08(A), the applicant shall, upon approval by the City Planner Director, file a formal application. The review of each application will then be conducted in accordance with the procedures established by this article. The following information shall be submitted at the time of filing:
(1) Two copies of a preliminary draft of the proposed CC&Rs, By-Laws, and Articles of Incorporation for the Home Owner's Association to be recorded as required by State Law. Once these documents are accepted in final form by the City Planner Director, no portion of the Declaration shall be amended, modified, or changed unless required by the Department of Real Estate, without first obtaining the written consent of the City Planner Director. Each document shall contain a statement to that effect at the end of such provision. (2) The CC&Rs shall:
(i) Require maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by Section 9510.14, Correction of Deficiencies, shall be described in the Declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the Declaration shall provide for any purpose except cleaning or replacement, and further Attachment B
provide that any replacement covering(s) shall furnish the same or a greater degree of impact insulation as that originally installed; (ii) Incorporate a parking management plan indicating parking space(s) which will be assigned exclusively to each dwelling unit and preclude the rental of garage units for use by anyone but owners or tenants of the subject property;
(iii) Preclude the parking of recreational vehicles on the subject property unless specific separate parking stalls are approved by the Commission;
(iv) Specify the type of installation of antennae for television and radio of all types;
(v) Specify the type of installation and operation of solar heating equipment; and
(vi) Specify the remodeling of all units, particularly any exterior building modifications that must be approved during Site Plan Review.
SECTION 53. Section 9510.14 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9510.14. CORRECTION OF DEFICIENCIES.
(a) Design Requirements.
(1) The general appearance of the proposed conversion shall contribute to the orderly and harmonious development of the community as a whole. This shall include a review of all elevations of the conversion. Such review shall be conducted during Site Plan Review.
(2) Vehicular access ways shall be designed to eliminate an alley-like appearance when possible.
(b) Exteriors. All exterior surfaces shall be brought up to original standards by painting, repairing, re-stuccoing, or replacement.
(c) Landscaping. Plans shall be submitted indicating condition of all landscaped areas on the property including walkways, recreation areas, and a plan for refurbishing, including:
(1) Installation of an automatic irrigation system.
(2) The lighting system, including security lights.
(3) Residential properties developed with multiple unit buildings shall provide usable open space as required by Section 9312.08.
(4) Open space shall include all usable areas on the site, exclusive of the areas required for setbacks, driveways, parking areas, and storage. Credit for open space can be received for private patios and other recreational facilities including recreation rooms, swimming pools, and other special facilities determined by the Commission to have a significant positive impact on the project.
(d) Roofs. Roofs having less than five years remaining life shall be re-roofed, including Attachment B
parapets, vents, and sheet metal of any kind.
(e) Perimeter Property Line Walls and Areas.
(1) Decorative walls shall be constructed on the rear and side yard of each conversion development as required by Section 9520, except where the City Planner Director determines that such walls will adversely impact driveway access.
(2) The Commission shall review and determine if any structures, amenities, landscaping, walkways, perimeter treatments, or decorative portions of the project need to be refurbished and/or restored. These elements shall be upgraded to City standards, including Housing Code, prior to the applicant submitting his/her final subdivision map to the City for approval. (f) Heating and Air Conditioning Equipment.
(1) All equipment shall be completely serviced by a State-licensed heating and air conditioning contractor, who then will provide a written statement that they have at least a six (6) year remaining life. Wall-mounted air conditioners or heat pumps shall be exempt from this requirement.
(2) The applicant shall pre-pay a twelve (12) month maintenance contract on behalf of the Home Owner's Association.
(g) Utilities.
(1) Each converted unit within a building shall have individual meters for gas and electricity.
(2) A master meter for water shall be permitted; however, shutoff valves shall be installed for each unit.
(h) Plumbing. All fixtures shall be replaced, except in those cases where the Building Official determines fixtures are less than one year old or are to a standard comparable to new fixtures.
(i) Appliance and Light Fixtures.
(1) All appliances shall be new or refurbished to equal new standards if supplied in sale of unit.
(2) Light fixtures shall be repaired, or replaced, and brought up to current Code as needed.
(3) All clothes washers, hot water heaters, and other appliances which the Building Section determined to be potential sources of water leakage or flooding shall have built-in drip pans and appropriate drains installed except in those cases where such equipment is located on a cement slab. (j) Bathrooms.
(1) Tile in showers and tubs is to be cleaned, re-grouted, or replaced. (2) Replace all marlite, plastic, or cement-coated walls with tile or unitized tubs or showers.
(3) Shower pans shall be replaced unless approved by the Building Official. (k) Doors.
Attachment B
(1) All exterior doors shall be of solid core construction with a minimum thickness of one and three-quarter-inch thickness, except glass doors. (2) Exterior doors, sliding glass doors, and double entry doors shall be equipped with City-approved safety locks and dead latch mechanism. Locks shall not have a master key.
(3) All exterior doors shall be completely weather-stripped. (4) All other doors shall be repaired, painted, or replaced, including hardware where needed.
(l) Attic Access Buildings. Any buildings with attic access shall be provided with insulation to an R-19 value.
(m) Cabinets. All storage cabinets are to be painted and brought up to a near new condition. Replace all cabinets that are beyond repair and obsolete. (n) Hot Water Equipment. Hot water equipment shall be adequate to allow adequate consumption for each individual unit. Dependent upon the type and size of utilities to be provided and the size of units, the Building Official shall determine the amount of hot water capacity to be provided to all units.
SECTION 54. Section 9510.16 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9510.16. MAINTENANCE FUND.
A property owner subdivider wishing to convert an apartment complex for sale as a multiple ownership facility shall provide each prospective buyer with a statement listing a history of conversion repairs and a copy of the City inspection team's report as required in Section 9510.18. For all buildings more than three (3) years of age, the developer shall post moneys to be used for large-scale repairs. Such money shall be held in a bona fide trust account, to be held separately from regular monthly maintenance fees' accounts. The use of this fee shall be established by the City-approved by-laws for each development. They shall be utilized for large-scale repairs affecting the entire complex. The City Planner Director shall compute the total sum of money to be deposited in the trust account by determining Value A, Value B, and Value C using Table 9.5.1, and then multiplying Value A by Value B plus Value C.
Table 9.5.1. Large-Scale Repairs Deposit Calculation: Schedule of Values for A, B, and C
Criteria Value
Total number of units within the
complex:
Value of A
1-3 units $500 per unit
4-8 units $400 per unit
9-14 units $300 per unit
15 or more units $200 per unit
Age of the complex: Value of B
1-3 years 0
Attachment B
4-8 years 1
9-11 years 2
15 or more years 3
Total number of units within the
complex:
Value of C
8 or fewer units $1,000
9-14 units $2,900
15 or more units $6,000
(a) For example, the total amount of money to be set up in trust for the conversion of a 10 year-old complex with a total of eight units would be calculated as follows:
Using Table 9.5.1:
Value A = 8 units x $400 per unit = $3,200
Value B = 10 years = 2
Value C = 8 units = $1,000
(Value A) x (Value B) + (Value C) = Total amount of deposit; therefor:
($3,200) x (2) + ($1,000) = $7,400.
(b) The developer of a converted complex shall also pay the monthly association fee required for each unit that is unsold at the time each unit's association fee is due to the Home Owner's Association from the time the first unit in that complex closes escrow.
SECTION 55. Section 9510.18 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9510.18. FINAL INSPECTION REPORT.
A final inspection report shall be made by the Building Official prior to consideration of the final subdivision map, or parcel map, indicating the compliance with all requirements imposed herein.
(a) The subdivider shall improve, or post a cash bond or letter of credit with the City guaranteeing the installation of improvements to City standards, in substandard streets or deficient street improvements abutting the property, to the satisfaction of the City Planner Director. These improvements may include, but shall not be limited to dedication, curbs, gutters, paving, sidewalks, ramps, driveways, drainage devices, trees and tree wells, and street lights.
SECTION 56 . Section 9512.22 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9512.22. APPLICATION REQUIREMENTS.
Applications for a Density Bonus shall include the following. In case of conflict between Attachment B
the following requirements and the State Density Bonus Law, the State Density Bonus Law, as amended, shall prevail.
(a) Density Bonus Housing Plan.
(1) A Density Bonus Housing Plan, showing any density bonus, incentive, concession, waiver, modification, or revised parking standard requested pursuant to Government Code Section 65915 et seq., as amended this section, shall be submitted as part of the first approval of any residential development.
(2) The Density Bonus Housing Plan shall specify, at the same level of detail as the application for the residential development, the number of units; dwelling unit type; level of affordability; tenure; number of bedrooms and baths; approximate location, size, and design; construction and completion schedule of all target units; number and location of all density bonus units; phasing of target units in relation to nonrestricted units; and marketing plan. (3) The Density Bonus Housing Plan shall also specify the methods to be used to verify tenant and buyer incomes and to maintain the affordability of the target units.
(4) For residential projects with 35 dwelling units or more, the Density Bonus Housing Plan shall specify a financing mechanism for the ongoing administration and monitoring of the target units.
(b) Program Description. A description of any requested incentives, concessions, waivers, or modifications of development standards, or modified parking standards. (c) Pro Forma Requirements. For all incentives and concessions except those listed in Section 9512.20(c), the application shall provide a pro forma to the City demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma data submitted in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a consultant to review the pro forma, shall be born by the applicant. The pro forma shall be reviewed by a third party as selected by the City and paid for by the applicant unless the City Planner Director waives the requirement for such a review.
(d) Waiver or Modification of Development Standard Requirements. For waivers or modifications of development standards, the application shall provide a pro forma to the City demonstrating that the waiver or modification is necessary to make the dwelling units economically feasible based upon appropriate financial analysis and documentation. The application shall also demonstrate to the City that the development standards will have the effect of precluding the construction of a housing development at the densities or with the incentives or concessions permitted by this section. The cost of reviewing any required pro forma submitted in support of a request for a waiver or modification, including but not limited to the cost to the City of hiring a consultant to review the pro forma, shall be borne by the applicant. (e) Land Donation Additional Requirements. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 9512.10(d) can be made.
(f) Day Care Center Additional Requirements. If a density bonus or concession is requested for a day care center, the application shall show the location and square Attachment B
footage of the day care center and provide evidence that the findings included in Section 9512.12(b) can be made.
(g) Development Impact Fees. Development impact fees (including but not limited to park fees, fire fees, sanitary sewer trunk line fees, storm drain trunk line fees, street tree fees, library fees, or traffic impact fees) shall be deferred until the certificate of occupancy for the development project is issued.
SECTION 57. Section 9520.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9520.04. LANDSCAPING REQUIREMENTS.
(a) Requirements. Landscaping and required planting areas shall be installed in accordance with the standards and requirements of this section for all zones. All front and street side setbacks within all zones, excluding approved walkways and driveways, shall be landscaped.
(b) Development Regulations.
(1) Required planting areas shall be permanently maintained. As used in this section, "maintained" includes proper watering, pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement of plants and other landscape materials when necessary.
(2) Existing mature landscaping shall be preserved to the maximum extent possible.
(3) Landscape material shall not be located such that at maturity the landscaping:
(i) Interferes with safe sight distances for vehicular, bicycle, or pedestrian traffic;
(ii) Conflicts with overhead utility lines, overhead lights, or walkway lights; or
(iii) Blocks pedestrian and bicycle ways.
(4) All landscaping and trees shall be approved and installed prior to the issuance of a certificate of occupancy.
(5) Trees shall be planted in the parkway or in approved tree wells as required by the Department of Public Works. Property owners shall maintain trees and landscaping in parkways.
(6) In the R-1 and R-2 zones, a minimum of one (1) new 36-inch box tree or larger shall be planted within the front yard and a minimum of one (1) new 36-inch box tree or larger shall also be planted within the rear yard. (i) Trees shall be of moderate to fast growth varieties. (ii) Within the front yard, trees shall reach a maturity height and canopy width greater than 40 feet.
(iii) Within the rear yard, trees shall reach a maturity height greater than 40 feet and canopy width greater than 30 feet.
(iv) Lots with a required side yard setback and/or street side yard setback Attachment B
equal to or greater than 10 feet shall provide one 24-inch box tree for every 20 linear feet of building façade for that side. Trees shall reach a maturity height greater than 20 feet and canopy width greater than 10 feet.
(v) Tree selection shall be approved by the City Planner Director.
Alternatives to this section may be deemed necessary, at the discretion of the City Planner Director, for irregular shaped parcels, for parcels in proximity to electrical poles, and for parcels with substandard widths and depths.
(7) Except in the R-1 and R-2 zones, the size of trees, at time of planting, shall be as required in Table 9.5.4.
Table 9.5.4. Tree Size Requirements
Tree Size Percentage of
Total
Requirement
48 inch box 10
36 inch box 10
24 inch box 15
15 gallon 60
Other 5
Total 100
(c) Landscaping Plan. A landscaping plan showing the location of all turf, plant materials, and irrigation systems shall be required for all uses that include landscaping projects. Landscaping plans for projects within the R-1, R-2, and R-3 Zones shall be reviewed by the City Planner Director. In lieu of City inspections, the installer shall sign a self-certification certificate. Landscaping projects for all other zones shall be approved by the Planning Commission during Site Plan Review.
Plans submitted for the issuance of a building permit or a site plan may be used in lieu of a landscaping plan provided that compliance with all of the requirements of a landscaping plan is achieved to the satisfaction of the Commission during Site Plan Review. The Commission may reject such plans if they determine that they are not consistent with the purpose of this chapter. Landscaping plans shall demonstrate a recognizable pattern or theme for the overall development through conformance with the following:
(1) Plant materials shall be selected for energy efficiency and drought tolerance and adaptability and relationship to the City's environment. A minimum of 75% of non-turf material shall be drought resistant. All drought tolerant plant materials shall comply with the list provided by the Planning Division.
Attachment B
(2) Plant materials shall be sized and spaced to achieve immediate effect.
Approved non-turf areas, such as shrub beds, shall be top-dressed with bark chip mulch mixed into the topsoil or other approved alternative. Dressing material shall be maintained within planter areas and shall not be allowed to migrate onto hard surfaces, such as sidewalks and parking lots. (3) Excluding the street setbacks, turf shall be limited to no more than 25% of the total landscaping area. No turf shall be permitted on slopes exceeding 10%. (4) All plantings other than trees shall provide a screen of not less than one and one-half feet to three feet at full growth, shall not be thorny or spiked, and shall not project over the sidewalk.
(d) Irrigation. All planting beds and landscape areas shall be provided with a permanent watering system consistent with the following:
(1) Turf. Sprinklers shall be installed with a separate irrigation valve from irrigation valves used for other vegetation.
(2) Sprinklers. All new automatic irrigation systems shall have sprinkler heads with application rates that do not exceed the infiltration rate of the soil. Such systems shall be installed with dual or multiple program controllers that permit cycles of five to 10 minutes per hour. Landscaping requiring intensive watering shall be watered by hand or drip irrigation.
(e) Parking Lot Landscaping. Except for the R-1 and R-2 zones, all parking lot landscaping shall comply with the following:
(1) All off-street parking areas of five or more spaces shall be landscaped. All parking areas of five to 20 spaces shall contain a minimum interior landscaped area of five percent of the total parking area, exclusive of landscaping within a front or side setback. All parking areas of more than 20 spaces shall contain a minimum interior landscaped area of 10% of the total parking area, exclusive of landscaping within a front or side setback. (2) Required landscaping shall be evenly distributed throughout the parking area and planted sufficiently to achieve complete coverage within one year of the initial planting. Islands at the ends of parking lanes shall be provided to help achieve "orchard" parking lot landscaping.
Required landscaped areas shall be bounded by masonry or concrete curb, except no curb shall be required when abutting a street property line. Required curbs shall have a minimum width of four inches and a height of six inches. (3) Where parking lots, parking structures, or other parking areas abut other properties, the following standards shall apply:
(i) Where a vehicular parking or driveway area in a nonresidential zone abuts property in a residential zone or a school, a minimum 10-foot wide landscape strip shall be provided along the property line which is adjacent to the residential zone or school. This landscape area shall be maintained with trees or shrubs not less than six feet in height at the time of planting, and not less than 15 feet in height at maturity. (ii) Where a parking lot or parking structure abuts any other property line, a minimum five foot wide five-foot-wide landscape strip is required. (4) Interior parking lot landscaped areas shall have a minimum dimension of five Attachment B
(5) feet, exclusive of curbs and shall be so located as to interrupt parking rows.
(5) The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or similar means. Additionally, a minimum of one (1) landscape island shall be provided between every 10 ten (10) parking spaces (Figure 9.5.3) with irrigated understory and curbs. The islands shall have a minimum width of five feet exclusive of curbs.
Figure 9.5.3. Trees within Parking Lot Landscape Islands (6) Landscaping shall be provided on the upper levels of parking structures, where feasible, when these structures are visible from public streets, pedestrian pathways, or adjacent buildings.
(7) Landscaping planters shall be used to control access to parking lots, to make traffic diverters prominent, to direct the flow of traffic within the lot, and to enhance the safety of parking lots by guiding the circulation of vehicles and people.
(8) Two feet at the end of landscape islands shall be left unplanted when adjacent to drive aisles and driveways to prevent plant materials from being run over by vehicles. The use of cobbles, patterned concrete, or brick pavers shall generally be installed in these end areas. (9) In the M-1 and M-2 Zones, landscaping shall not be required for areas of a site that are not visible (as determined by the City Planner Director) from a street or other public area, and which are not a public parking area. In such areas the landscaping requirements above may be waived at the discretion of the City Planner Director.
(f) Intersection Visibility. All landscaping material shall be maintained in accordance with the intersection visibility requirements of Section 9534.16. See Figure 9.5.4.
Attachment B
Figure 9.5.4. Intersection Visibility
(g) Alternatives. The City Planner Director may allow alternative means of complying with the requirements of this section provided the alternative achieves results comparable to those achieved through strict application of the provisions of this section.
(h) Landscaping Design Standards.
(1) Landscaping and open spaces shall be designed as an integral part of the overall site plan design. Landscaping and open spaces shall enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening. (2) Landscape design shall accent the overall design theme through the use of structures such as arbors and trellises that are appropriate to the particular architectural style of adjacent structures.
(3) Landscaped areas shall incorporate plantings using a three tier three-tier system:
(i) Grasses and ground covers;
(ii) Shrubs; and
(iii) Trees.
(4) Planting Design Concepts. The following are common planting design concepts that shall be used whenever feasible:
(i) Specimen trees used in informal grouping and rows at major focal points;
(ii) Extensive use of flowering vines both on walls and arbors; (iii) Pots, vases, wall or raised planters;
(iv) The use of planting to create shadow and patterns against walls; Attachment B
(v) Large broadleaf deciduous trees to create canopy and shade in the summer and sun in the winter, particularly in parking areas; (vi) The use of flowering trees in informal groups to provide color; (vii) Informal massing of colorful plantings;
(viii) Use of distinctive plants as focal points; and
(ix) Plantings and low walls to screen parking areas from view of public rights-of-way while allowing filtered views of larger buildings beyond. (5) Planting areas between walls and streets shall be landscaped with a hierarchy of plants in natural formations and groupings. Solid walls over 42 inches high shall receive vines or hedge when facing public streets. (6) A colorful landscape edge should be established at the base of buildings.
Avoid asphalt edges at the base of structures as much as possible. Plant materials located in containers are appropriate.
(7) Planting masses on-site should assume a simple, nonuniform arrangement.
The diversity of massing types should be great enough to provide interest, but kept to a level that evokes a relaxed natural feeling.
(8) Where landscaped screening may be substituted for a required wall between zones or uses, such screening shall consist of evergreen trees and shrubs, closely spaced and maintained at a height equal to the height of the required wall. When not otherwise specified, screening shall consist of trees and shrubs which shall not be less than six feet in height upon planting and which shall be maintained at a height of from 15 feet to 20 feet at maturity. (9) Landscape planters shall be designed to retain water on-site within the planter area.
(10) Artwork, benches, and other structural features may be included within landscaping areas in residential zones if approved as part of a site plan (where required). Decorative water features shall use recirculating water. (i) Installation and Maintenance.
(1) Trees shall be adequate in trunk diameter to support the top area of the tree.
Trees, shrubs, and vines should have body and fullness that is typical of the species.
(2) All ground cover shall be healthy, densely foliated, and well-rooted cuttings, or one gallon container plants.
(3) The spacing of trees and shrubs shall be appropriate to the species used. The plant materials shall be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing shall also ensure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles. (4) Plant material shall conform to the following spacing standards:
(i) A minimum of 30 feet from the property corner at a street intersection to the center of the first tree or large shrub;
Attachment B
(ii) A minimum of 15 feet between center of trees and 10 feet between large shrubs to light standards;
(iii) A minimum of 10 feet between center of trees or large shrubs and fire hydrants;
(iv) A minimum of 15 feet from the intersection of a driveway (for commercial, mixed use, or public/semipublic and industrial uses) with a street right-of-way to the center of any tree having a diameter larger than 18 inches at maturity or large shrub and a minimum of 10 feet for residential uses.
(5) Trees and shrubs should be planted as shown in Figures 9.5.5 and 9.5.6.
Figure 9.5.5. Tree Planting
Figure 9.5.6. Shrub Planting
Attachment B
(6) The use of turf shall be minimized or substituted altogether with groundcovers.
Turf should generally be excluded from median or sidewalk strips and similar areas that are difficult to irrigate. Low-water-using grass varieties are encouraged.
(7) Water efficient irrigation systems, such as drip, low output sprinkler heads, zonal systems and automatic timers, shall be provided. Planting shall be according to water needs, and the irrigation system matched to these needs. (8) Plant varieties shall predominately be low water consuming, suited to the local soil and climate and grouped according to their water requirements. (9) Mulches shall be used generously and reapplied as part of a regular maintenance program to reduce evaporation, soil compaction and weeds. (j) Synthetic Turf Standards.
(1) Synthetic turf may be used in lieu of natural turf in front, side and rear yards, and on parkway areas for up to 100% coverage or in combination with groundcover, shrubs, vines, flowers, or trees, for properties in any land use zone. Approval of an Administrative Permit is required prior to installation, subject to Section 9814. Synthetic turf in parkway areas requires separate approval from the Public Works Department.
(2) General Appearance. Synthetic turf shall be installed and maintained to effectively simulate the natural appearance of a well-maintained lawn.
Synthetic turf shall incorporate thatch fibers in light brown or tan colors. The Planning Department shall maintain and make available for public inspection a sample of various synthetic turf products that meet this standard of appearance.
(3) Synthetic turf shall be separated from planter areas by a concrete mow strip, bender board, or other barrier with a minimum three-eighths-inch thickness, to prevent the intrusion of living plant material into the synthetic turf areas. (4) Materials. Synthetic turf shall be of a type known as cut pile infill and shall be manufactured from polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched permeable backing. Backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center. The synthetic turf shall have a minimum eight year "No Fade" warranty. Synthetic turf must consist of pile fibers a minimum height of one and three-fourths-inch, a face weight of not less than 65 ounces and have a lead content of less than one part per 1,000,000.
(5) Synthetic turf installations shall comply with the standards and regulations contained in this Code and the synthetic turf manufacturer's specifications and installation instructions.
(6) Installation. Synthetic turf shall be installed over a compacted and porous road base material and shall be anchored at all edges and seams. This installation process shall consist of the following process:
(i) Existing grass or weeds shall be removed;
Attachment B
(ii) Excavate soil to a depth of at least two inches (2″); (iii) Install a border (a concrete mow strip, bender board, or other barrier with a minimum three-eighths-inch thickness) along the perimeter of the synthetic turf area to prevent the intrusion of living plant material into the synthetic turf area;
(iv) Cap any existing irrigation lines;
(v) Add one-quarter-inch self-compacting gravel as the base material, about one-quarter inch above the project area border and higher in the middle of the project area;
(vi) Rake and compact the base material;
(vii) Add a weed mat over the compacted base material;
(viii) Install the synthetic turf over the compacted base material and anchor the synthetic turf at all edges and seams. Seams shall be glued and not sewn; and
(ix) An infill medium consisting of silica sand, acrylic coated sand, or other environmentally safe infill product designed specifically for artificial turf, shall be brushed into the fibers to insure ensure that the fibers remain in an upright position and to provide ballast that will help hold the turf in place and provide a cushioning effect.
(7) Prohibited Uses. The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic turf or natural turf shall be prohibited. The use of crumb rubber as an in-fill material is prohibited.
(8) Maintenance. A regular schedule of maintaining the synthetic turf shall include surface cleaning, debris removal, grooming, and infill redistribution and de-compaction. Periodic brushing or grooming of the synthetic turf surface by a static (non-rotary) double brush shall conform to the written maintenance guidelines provided by the installation company. The periodic use of a vacuum, sweeper or blower shall be applied to keep the synthetic surface clean, in conformance with the suggested maintenance guidelines provided by the synthetic installation manufacturer.
SECTION 58. Section 9520.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9520.06. OUTDOOR LIGHTING.
The following standards shall be required:
(a) In all zones, except the R-1 and R-2 Zones, outdoor lighting shall be provided and maintained for all walkways, off-street parking areas and driveways, storage or solid waste areas, or other areas commonly accessible or used by tenants so as to provide adequate illumination for use and safety.
(b) In the Commercial and Industrial Zones, parking lot lighting shall be provided for all guest parking areas. This light shall be low level lighting designed to light parking lot areas and walkways. It shall be designed to eliminate spillover to the street and adjoining properties.
(c) In all zones, outdoor lighting shall be directed, positioned, and/or shielded as not to Attachment B
direct light on any street or abutting property as shown in Figure 9.5.7.
Figure 9.5.7. Arranging Outdoor Lighting Away from Abutting Property (d) In the R-1, R-2, R-3, and R-3-O Zones, no outside lighting shall exceed eight feet in height, except building lights, i.e., porch lights or the equivalent. In any case, no light fixture shall exceed a maximum lighting output of 300 watts. (e) The type and location of lighting standards and the intensity of lighting shall be approved by the City Planner Director. The fixtures shall be decorative. (f) All lighting shall be adequately shielded as shown in Figures 9.5.8 and 9.5.9.
Exposed bulbs shall not be permitted.
Figure 9.5.8. Shielded Freestanding Outdoor Lighting
Figure 9.5.9. Shielded Outdoor Wall Lighting
(g) When parking and driveway areas in the R-3, R-3-O, H-M, M-U, and all Commercial and all Manufacturing Zones abut the R-1 or R-2 Zones, low-level lighting not extending above the height of the required wall shall be required within 46 feet of the R-1 or R-2 property. Lighting within remaining parking areas shall conform to the variable height restrictions. See Section 9536.24 of this chapter. (h) Where lighting is attached to a fence or wall, such lighting shall not extend more than Attachment B
six inches above the top of said fence or wall. Lighting attached to a wall or fence shall never exceed the wall or fence height requirement of the underlying zone. (i) In all zones, except Residential Zones, no lighting over five feet in height shall be permitted within 20 feet of the public right-of-way, except new and used auto dealers shall be permitted lighting up to 12 feet in height provided the lights are not within five feet of the public right-of-way and are spaced at minimum intervals of 30 feet. (j) All drive-in businesses shall comply with the provisions of this section. (k) The following are exempt from the provisions of this chapter:
(1) Traffic control signals and devices;
(2) Lights that are located within the public right-of-way, subject to the approval of the Director of Public Works;
(3) Temporary emergency lighting (i.e., fire, police, repair workers) or warning lights;
(4) Moving vehicle lights;
(5) Navigation lights (i.e., radio/television towers, docks, piers, buoys) or any other lights where state or Federal statute or other provision of the Municipal Code requires lighting that cannot comply with this chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or Federal statute;
(6) Seasonal decorations do not have to be shielded, provided that they do not have brightness of more than 0.1 foot-candle at the property line on which they are installed;
(7) Outdoor lighting approved by the director for temporary or periodic events (e.g., fairs, nighttime construction);
(8) Internally and externally illuminated signs regulated by Chapter 6.
SECTION 59. Section 9520.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9520.08. GENERAL WALL, FENCE, AND HEDGE REGULATIONS.
(a) In the event the boundaries of any lot in one zone abut a lot differently zoned so as to permit or require a higher wall, fence, or hedge, the greater of the wall, fence, or hedge height provisions shall apply to the adjoining portions of both such lots, except as otherwise provided by this section.
(b) When certain zones may require additional or more restrictive wall standards, those standards shall be required in addition to those standards set forth in this section. (c) Prohibited Walls and Fences.
(1) No barbed wire, razor or electrified fencing, or similar fencing is permitted in any zone, except that barbed wire may be used on a limited basis for security or safety purposes in the M-1 and M-2 Zones if not visible from any public right-of-way, subject to the approval of Site Plan Review. (2) Chain-link fencing shall be prohibited in any front or street side yard or in any Attachment B
required landscape planter in a Residential, Commercial or Mixed-Use Zone.
(d) Approved materials, or combination of materials, for walls and fences include, but are not limited to, wood, metal, vinyl, stone, masonry, stucco, and concrete. Metal is limited to wrought iron or similar type materials. Any materials not listed in this subsection may be approved subject to the discretion of the City Planner Director. (e) No structure, wall, fence, or hedge shall interfere with the intersection visibility as set forth in Section 9520.08(l)(1).
(f) The provisions of this section shall not apply to a wall, fence or hedge required by law for public safety.
(g) Where two walls or fences, or one wall and one fence are provided along each property line separating two adjacent properties, there shall be no gap between said walls and/or fences.
(h) Where the face of any walls or fence faces the public right-of-way, the use of anti- graffiti paint or coating is required.
(i) Height Measurement. The maximum height of a wall, fence, or hedge shall be measured from the existing or finished grade (as applicable), except within the front or street side yard, the maximum height of a wall, fence, or hedge shall be measured from the top of the nearest street curb elevation. When there is a difference in the ground level between two adjoining lots, the height of any wall or fence constructed along any interior side or rear property line shall be determined by measuring from the lot with the higher finished grade directly abutting the wall, fence, or hedge. (j) Retaining Walls. The height of all retaining walls shall be extended to provide guard rails, as required by the Building Code. The material used for said guard rail shall be approved by the City Planner Director.
(k) Masonry Walls. Where a masonry wall is required by this chapter between two properties within different zoning districts, the following provision shall apply:
Existing masonry walls that meet the minimum required height shall be considered sufficient to fulfill the requirements of this chapter, and no additional wall shall be required unless and until such time as the said existing wall is removed. At such time that said wall is removed; then the person whose zone requires a wall shall construct a new masonry wall to meet the requirements of this chapter. (l) Wall, Fence and Hedge Regulations by Zone.
(1) In all residential zones, walls, fences and hedges shall not exceed a height of:
(i) 42 inches in the front and street side setback area, except within the corner cutback (see Figure 9.5.10, Street Side Lot) where the maximum height is 30 inches. In addition, on a street side yard, walls or fences not exceeding seven feet in height may be constructed not less than three feet from the side street property line nor closer than 35 feet to the front property line. Walls or fences exceeding 42 inches in height shall have five-foot triangular setbacks abutting driveways and alleys within the required setback area (Figure 9.5.10); and
Attachment B
Figure 9.5.10. Wall, Fence, and Hedge Height Restrictions (ii) Seven feet on interior side and rear property lines when not located in the required front or street setback. See Figure 9.5.10. (iii) Solid masonry pilasters, columns, posts and similar architectural features may exceed the 42-inch height limit by six inches within the required front yard or street-side setback provided that all of the following criteria are satisfied:
(A) The continuous wall between pilasters does not exceed 42 inches in height.
(B) Pilasters, columns, and posts are architectural features intended to articulate the wall design, frame entries or gates, or accommodate decorative or safety lighting. Pilasters, columns, and posts are subordinate in width and massing and occur at regular intervals such that they do not create the appearance of a continuous wall above 42 inches.
(C) No solid wall material, fencing, or infill is permitted above 42 inches between pilasters, columns, and posts. The pilasters, columns, and posts do not increase the effective height of the enclosure or serve as screening, privacy walls, or security barriers beyond the compliant wall height.
(D) No more than two light fixtures mounted on pilasters, columns, and posts that are incidental to the wall design and serve decorative or safety purposes may extend up to 12 inches Attachment B
above the maximum permitted height of the pilaster, column, or post. All lighting shall comply with applicable municipal codes.
Lighting shall comply with Downey Municipal Code Section 9520.06 (Outdoor Lighting), including but not limited to requirements related to shielding, light intensity, direction, glare control, and prevention of light spillover onto adjacent residential properties and the public right-of-way. Lighting elements do not function as freestanding light standards and do not create glare or adverse impacts to adjacent properties or the public right-of-way.
(iv) Properties in the R-3 and R-3-O Zones, when abutting an R-1 or R-2 zoned property, shall construct a decorative masonry wall not less than five and one-half feet or more than seven feet in height above the finished grade along the common property line, unless the height of the wall would exceed the maximum height allowed elsewhere in the section. In such a case, the masonry wall shall be constructed to the maximum allowed under the stricter standard. (2) Commercial and Mixed-Use Zones.
(i) Walls, fences, and hedges within front yards, street side yards, and/or within required landscape planters shall not exceed three feet. (ii) Walls, fences, and hedges within interior side yards and rear yards shall not exceed a height of seven feet.
(3) Manufacturing Zones.
(i) Walls, fences, and hedges within front yards, street side yards, and/or within required landscape planters shall not exceed three feet. (ii) Walls and fences within interior side yards and rear yards shall not exceed a height of 10 feet.
(4) Public and Open Space Zones. The maximum height of walls, fences, and hedges in required yards shall be determined at the time of the approval of the Site Plan Review or Conditional Use Permit (as required by the applicable zoning zone) for the principal use where the wall, fence, or hedge is proposed to be located. If no such approval is required under the applicable zone or if the principal use is existing and no use, building, or site modifications are proposed for the site other than the installation of a wall, fence, or hedge, the City Planner Director shall make the determination of the maximum wall, fence, or hedge height permitted for the site based on site conditions, use of the site, and surrounding uses and zones.
(5) In All Nonresidential Zones.
(i) When any portion of a lot abuts a more restrictively zoned property, there shall be constructed a solid decorative masonry wall not less than five and one-half feet nor more than six feet in height above the finished grade and shall not be less than four feet in height above the surface of the abutting lot. No wall or fence exceeding 42 inches in height shall be constructed abutting front or street side setback areas of abutting properties.
(ii) In any commercial or industrial zone, any portion of a wall or fence that is more than six feet above the mean ground level shall be so Attachment B
designed that it does not obstruct more than 10% visibility through any portion thereof.
SECTION 60. Section 9530.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9530.08. MONITORING AND ENFORCEMENT.
Monitoring and enforcement of the provisions of this section shall comply with the provisions of Chapter 2. A certificate of occupancy shall not be issued prior to the determination of the City Planner Director that the provisions of this section have been satisfied.
SECTION 61. Section 9534.18 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9534.18. PREVAILING SETBACKS.
(a) Where an existing development, structure, or use has an established front or street side setback greater than the setback required by this chapter, as identified on the map of prevailing setbacks, as adopted by the Commission, the larger setback shall be required in accordance with the definition of prevailing setbacks. Maintaining the prevailing setback will protect the visual character of the street (Figures 9.5.13 and
9.5.14). The prevailing setback cannot be less than the minimum required setback for the zone.
Figure 9.5.13. Prevailing Setbacks
Attachment B
Figure 9.5.14. Prevailing Setbacks
(b) Prevailing Setback Removal Process. Neighborhoods have varied and distinct visual characteristics; therefore, removal of any prevailing setback is evaluated on a case-by-case basis. In no situation shall the minimum front yard setback be less than 20 feet. An amendment to remove a prevailing setback from the Prevailing Setback Map may be requested for consideration and review by the Planning Commission as provided below:
(1) The application for removal of a prevailing setback shall include a detailed description of the request for the proposed removal of the existing prevailing setback; a map of the affected properties including each property address; acknowledgement signatures including name and address of property owners within the affected area located contiguously within the prevailing setback area from one intersection of the block to the next intersection of the block; processing fee and other documents staff may deem necessary to complete the application process for review by the Planning Commission. These documents shall be provided to Planning Division staff as part of the prevailing setback amendment application request. An example of this document may be obtained from the Planning Division. Requires Site Plan Review subject to Section 9820.
(2) The City shall provide a notice to remove the prevailing setback to property owners located contiguously within the prevailing setback area from one intersection of the block to the next intersection of the block. Fifty-one (51) percent of property owners, within the subject area to remove the prevailing setback, must consent to the request within 30 days of the notice, before an amendment application is scheduled for consideration by the Planning Commission. The decision of the Planning Commission may be appealed as prescribed in Section 9806.04(b).
(3) In cases of ambiguity, the Director shall have discretion for determinations.
SECTION 62. Section 9534.20 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment B
§ 9534.20. MODIFICATION OF REQUIRED SETBACKS.
(a) The Commission, pursuant to Section 9826, may grant modifications to the rear setback regulations requiring greater than 10-foot rear setbacks on lots having irregular lot lines, or restricted depth, or where other conditions create an unnecessary hardship and make it difficult to require compliance with the rear setback regulations, but in no event shall the rear setback be less than 10 ten (10) feet. In no event shall the modifications exceed one-half of the width of the lot. (b) In the R-1 and R-2 Zones, zero setbacks may be permitted as a part of a development for new subdivisions on one interior side setback provided the opposite side setback is not less than 10 ten (10) feet, and there is not less than 10 ten (10) feet between the zero line and any adjacent building or structure, excluding the wall. (c) The City Planner Director may authorize modification to the first story side setback area to permit the extension of existing building lines for additions or minor building modifications for alignment purposes, except that no modification shall reduce the required setback closer than three feet to a property line. In accordance with the provisions of Section 9814.
(1) When a modification to the first story side setback area to permit the extension of existing building lines for additions or minor building modification for alignment purposes maintains a minimum side yard setback of five (5”) feet and the extension does not exceed 50 percent of the length of the existing side wall of the existing building, provisions of Section 9840 (Zoning Clearance) shall apply
SECTION 63. Section 9534.22 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9534.22. DETACHED ACCESSORY BUILDINGS IN SETBACK AREAS.
Detached accessory buildings shall be permitted in the required interior side and rear setback areas, subject to the following provisions:
(a) No detached accessory building shall be within five feet of the front one-half (½) of an adjacent lot. For the purposes of this regulation, a depth of not more than 50 feet shall be deemed to be such front one-half (½) of such abutting lot. (b) In the case of a street side lot, no accessory building shall be located in the required street side setback area.
(c) Attached or detached garages taking access from a side street or alley shall maintain a setback of at least 20 feet from the street property line or 26 feet from the opposite side of the alley.
(d) No detached accessory building, including detached garages, shall be nearer than five feet to any other building on the same lot.
(1) Separation requirements for garages shall also be in compliance with Section 9710 9710.02.
(e) No detached accessory building shall be nearer than 10 feet to any other building on the same lot, except detached garages may be permitted within five feet of the main building.
SECTION 64. Section 9536 shall hereby be added to Article IX of the Downey Municipal Attachment B
Code to read as follows (new language underlined, deleted language in strikeout):
§ 9536. LIMITATIONS ON CONSTRUCTION NOISE.
(a) Construction on private property shall be limited to 7:00 A.M. to 7:00 P.M Monday through Saturday, and construction shall be prohibited on Sundays and federal holidays when a construction site is located within 500 feet of a residential use. All other construction shall adhere to Section 4606 of the DMC. Extended construction hours may be permitted, subject to a Temporary Use of Land Permit. (b) The provisions of this subsection do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain required permits; provided, that the persons doing such construction, repair or excavation obtain a permit therefor within one day after the office of the Director is first opened subsequent to the undertaking of such construction, repair or excavation.
SECTION 65. Section 9608 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9608. GENERAL PROVISIONS.
The following general provisions and regulations shall apply to all signs within the City unless otherwise specified in this chapter. To further the purposes and policies of this chapter, the following regulations shall be strictly construed in their application:
(a) The consent of the property owner is required before any sign may be displayed on any real or personal property within the City. In the case of public property, owner's consent shall be pursuant to the adoption of policy by the Council. (b) Subject to the owner's consent, a noncommercial message of any type may be substituted for all or part of the commercial message on any sign allowed pursuant to this chapter.
(c) All rights, duties, and responsibilities related to permanent signs run with the land on which the sign is mounted, affixed, or displayed. The City may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner, or the person mounting the sign. (d) Replacing sign copy on a commercial sign due to age, wear, or other aesthetic or safety purposes without any modification to the location, height, size of the sign area, any structural support or attachment, or electrical component shall require a sign permit.
(e) Rights and duties relating to permanent signs may not be transferred between different parcels of real property except as part of an approved Planned Sign Program. All duly issued and valid sign permits for permanent signs affixed to land shall automatically transfer with the right to possession of the real property on which the sign is located.
(f) Every sign shall be properly maintained respecting appearance, structure, and electrical provisions as follows:
(1) Any location where business goods are no longer sold or purchased or where Attachment B
services are no longer provided shall have 60 days to remove any remaining or derelict on premises signs following notification by the City and at the expense of the owner of such property. Where written notification has been given by the City and compliance has not been made within the required 60 day period, the City may cause the removal of such signs with the costs for such removal to be attached to the property. For good cause shown, the City Planner Director may extend the specified period not to exceed 90 days from the original date of notification.
(2) All on-premises signs shall be maintained in a clean and attractive condition.
All signs shall be cleaned, repaired, or replaced within 30 days following the issuance of such notification by the City.
(g) Noncommercial or nonindustrial uses located in a commercial or manufacturing zone shall be governed by the requirements of the zone in which the particular use was originally permitted.
(h) Windows painted in a manner that prohibits the passage of light rays and that are the same color as the adjoining walls shall be considered a part of the wall. (i) Every sign requiring a permit shall display the name of the maker, date of the installation, and the permit number. Such information shall be clearly legible and in a conspicuous place on each sign.
(j) A commercial or industrial building with a side or rear property line that abuts a residentially zoned property shall not erect a sign along said side or rear property line, with the exception of a directional sign or non-illuminated sign.
SECTION 66. Section 9610.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9610.02. SIGN PERMIT REQUIRED.
(a) Unless otherwise exempt by this chapter, no sign shall be installed, constructed, erected, structurally altered, relocated, or reconstructed without approval of a sign permit (or other applicable permit as required or allowed by this chapter) by the City Planner Director in accordance with the following:
(1) Applications. Applications for sign permits shall be made on forms provided by the Planning Division and shall be accompanied by the following materials:
(i) A sign elevation indicating the overall dimensions and the size and type of letter dimensions, proposed copy, colors, materials, and illumination;
(ii) A site plan indicating the proposed location, type, and character of each sign;
(iii) The name and address of the applicant and the person who will construct, erect, alter, relocate, or reconstruct the sign; (iv) Building elevations with signs depicted; and
(v) Such other information pertinent to the application as may be required by the City Planner Director or as described in the sign permit application instructions.
Attachment B
(2) Review and Approval of Sign Applications.
(i) All sign applications shall be reviewed by the City Planner Director within 10 calendar days of filing. The City Planner Director shall either approve, approve with conditions, deny, or refer to the Commission an application in accordance with the provisions established by this chapter. Decisions of the City Planner Director on signs may be appealed to the Commission according to the appeals process established by Section 9806 of Chapter 8.
(ii) The City Planner Director may require submittal of a Planned Sign Program in accordance with Section 9610.02(a)(2)(iii) and Section 9610.04 prior to the approval of a sign permit.
(iii) The Commission may grant exceptions to these sign regulations as part of a Planned Sign Program, or where such exceptions would allow signs that would be better integrated with the architecture or character of an existing or proposed building, the project site, or the surrounding community.
(iv) If it is found that a temporary sign is necessary to establish or maintain identity until a permanent sign can be erected, the City Planner Director may issue a temporary sign permit for up to 30 days provided that the temporary sign complies with the sign area and other sign standards of this chapter. The City Planner Director may approve a temporary sign when necessary to avoid a dangerous condition and may approve temporary signs pertaining to a use permitted by a Special Event Permit as described in Section 9420.
(v) No permit for any sign shall be issued by any department, elected official, or employee of the City without compliance with the applicable requirements of this chapter. Any sign permit issued that does not comply with this chapter shall be null and void. The City Planner Director shall enforce the provisions of this chapter pertaining to the use of any sign.
SECTION 67. Section 9610.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9610.04. PLANNED SIGN PROGRAM.
(a) A Planned Sign Program shall be required for any site having three or more nonresidential tenants and shall be submitted and approved by the Commission Director prior to the issuance of any sign permit, pursuant to the process established by Section 9814. Once a Planned Sign Program is approved, no sign permit shall be issued unless said sign complies with the Planned Sign Program. (1) Applications for a Planned Sign Program shall be submitted to the City Planner Director and shall include the following:
(i) A site plan drawn to scale, delineating the site proposed to be included within the signing program, the lineal street frontage of the site, the lineal occupancy frontage of all buildings, and the locations of all existing and proposed signs;
(ii) Drawings indicating the exterior surface details (elevations) of all buildings on the site on which wall signs, directory signs, or projecting Attachment B
signs are proposed (including any existing signs to be retained); (iii) Drawings indicating typical sign design, height, colors, faces, and methods of construction (including method of attachment for wall signs) for all proposed signs;
(iv) A statement of the reasons for any requested modifications to the regulations or standards of this chapter; and
(v) A summary indicating the maximum total sign area allowed for the site, the sign area of all existing signs, and the allocation of the sign area by sign type (freestanding, wall, multi-tenant, directional, etc) and location in the development.
(vi) The program shall have provisions for sign maintenance and removal, replacement of nonconforming signs, and other items as determined by Planning Division.
(b) A Planned Sign Program may include deviations from the standards of this chapter, provided that the total sign area shall not exceed the area otherwise permitted by this chapter. In approving a Planned Sign Program, the Commission Director shall determine that such Planned Sign Program:
(1) Includes signs consisting of materials, colors, textures, sizes, shapes, heights, and locations that are compatible with each other; (2) Is consistent with or improved upon the style and character of any existing signs on the site;
(3) Is compatible with the character of signs on adjacent properties; (4) Does not detract or adversely impact the use and enjoyment of adjacent properties; and
(5) Does not have an adverse impact on the safe and efficient movement of vehicular, bicycle, or pedestrian traffic.
(c) The Commission Director may require any reasonable conditions necessary to carry out the intent of the Planned Sign Program requirement. (d) An alternate means of compliance with this section may be approved by the Commission Director.
(e) Planned Sign Programs may be part of a Site Plan Review, a Conditional Use Permit, or a Planned Unit Development.
(f) The Planning Commission shall conduct a public hearing on the planned sign program pursuant to Section 9804. Decisions of the Commission Director may be appealed to the Council Commission according to the appeals process established by Section 9806 of Chapter 8.
SECTION 68. Section 9610.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9610.06. FINDINGS FOR APPROVAL OF PLANNED SIGN PROGRAM.
The Commission Director may approve a Planned Sign Program application in whole or in part, with or without conditions, only if the following findings are made:
Attachment B
(a) The proposed sign is permitted within the zone and complies with all applicable provisions of this chapter, the General Plan, and any other applicable standards; (b) The sign is in proper proportion to the structure or site on which it is located; (c) The sign materials, color, texture, size, shape, height, and placement are compatible with the design of the structure(s), property, and neighborhood of which it is a part; (d) The sign's illumination is at the lowest reasonable level as determined by the City Planner Director, which ensures adequate identification and readability, and is directed solely at the sign or is internal to it;
(e) The sign is not detrimental to the public interest, health, safety, or welfare; and (f) The sign is in compliance with Section 9624, Lighting and Design Standards.
SECTION 69. Section 9612 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9612. EXEMPT SIGNS.
A sign permit shall not be required for exempt signs. Such signs shall be exempt from the sign regulations and design standards of this chapter except for regulations related to prohibited signs and locations provided in Section 9614. Exempt signs are permitted in all zones subject to the requirements of Table 9.6.1.
Table 9.6.1. Schedule of Exempt Signs
Signs
Max. Area in
Square Feet (sf)
Maximum
Number
Max. Height
in
Feet/Inches Additional Standards
Accessory sign to
a commercial,
public or
semipublic use
NR NR NR • Signs manufactured as a
standard, integral part of a
mass-produced product
accessory to a commercial
or public or semipublic use,
including telephone booths,
vending machines,
automated teller machines,
and gasoline pumps
Address numbers NR NR As required
by Fire
Department
• No additional standards
beyond those otherwise
required by this article
Balloons, non-
helium
4 sf NR NR • Only permitted for
noncommercial decorative
purposes not to exceed 20
days per calendar year
Construction sign Residential
zones – 6 sf
Nonresidential
zones - 64 sf
1 per street
frontage
8 feet • One allowed per street
frontage of a building under
construction
• Removal shall occur prior
to final occupancy of the
building
Attachment B
Construction sign
warning about a
potential public
hazard
NR NR NR • Signs that inform the
public of potential hazards
resulting from construction
or remodeling activities;
these must be removed at
the time of the completion
of the construction or
remodeling activities
Credit card, trading
stamp, or trade
association sign
0.5 sf NR NR • No additional standards
beyond those otherwise
required by this article
Directional sign
on-site
6 sf 1 per
entrance/exit
4 feet • There shall be no
limitation on directional
signs that are not visible
from the public right-of-way
• Maximum sign area may
be increased to 10 square
feet if setback at least 100
feet from the public right-of-
way
• Directional signs shall
never include commercial
or advertising content
Directional signs
for public and
semi-public use
signs within the
public right-of-way
3 sf per sign 3 Per agency
requirement
• Subject to the approval of
the City Planner
or his/her designee
Director
• Permitted within the public
right-of-way
Door sign,
nonilluminated
2 sf 1 NR • Such signs shall not be
computed in the maximum
permitted sign area
Flag of an official
government
jurisdiction
NR NR NR • Does not include official
flags of government
jurisdictions that are
displayed as part of a
commercial advertisement
Historical marker 2 sf per lineal
frontage not to
exceed 180 sf
1 per street
frontage
NR • No additional standards
beyond those otherwise
required by this article
Holiday lights,
decorations, and
displays
NR NR NR • May be displayed no
sooner than 45 days before
a national or religious
holiday and removed within
14 days after the holiday
Identification sign,
owner/occupant
1 sf NR NR • No additional standards
beyond those otherwise
required by this article
Attachment B
Identification sign,
public utility
6 sf NR NR • No additional standards
beyond those otherwise
required by this article
• Permitted within public
right-of-way
Inspection sign 4 sf 1 per type of
inspection
NR • Includes official state
inspection signs
constructed of permanent
materials and located flat
against the wall of a
building
Interior sign NR NR NR • Includes signs within the
interior of building and
structures (including
enclosed malls) that are not
visible from the outside of
the building or structure
Menu board sign 32 sf 2 5 feet • Only permitted in
association with a business
having a drive-through
window
Open house sign 6 sf 1 4 feet • Only permitted on the
day(s) for which the
property is available for
public showing
• Portable signs are
permitted
• Shall only be located on
the site in which the open
house is occurring.
Commemorative
plaque sign
1 sf NR NR • Limited to plaques placed
by historical agencies.
Attachment B
Political sign,
residential
A maximum of 9
sf per sign; a
total sign area of
36 sf per parcel
NR, provided
that total area
of signs does
not exceed
max. area of 36
sf per parcel
NR • Political signs shall
maintain a minimum
setback of five feet from the
front or street side property
line and shall be subject to
Section 4118 of the
Downey Municipal Code
• All such signs shall be
removed by the tenant or
owner of the property within
10 days of the election for
which the sign was posted
• All sign copy shall conform
to the State Election Code
• No sign shall be located
so as to constitute a hazard
to automobile, bicycle, or
pedestrian traffic, or a
safety hazard including but
not limited to the
obstruction of the location
of fire hydrants; visibility of
traffic signs or signals;
vehicular, bicycle, or
pedestrian directional signs;
and the line of sight of
intersections or sidewalks.
• Nothing in this section
shall authorize any sign
poster or other person to
trespass or otherwise
violate any rights of the
property owners or tenants
of property on which signs
are posted, including the
property owner's right to
approve or disapprove
locating the sign on their
property.
Attachment B
Political sign,
nonresidential
A maximum of
32 sf per sign; a
total sign area of
96 sf per parcel
NR, provided
that total area
of signs does
not exceed
maximum area
of 96 sf per
parcel
NR • Political signs shall
maintain a minimum
setback of five feet from the
public right-of-way. In the
case of buildings with no
setbacks from the public
right-of-way or a fenced
vacant site, political signs
shall be allowed to be
affixed to the face of the
building or fencing but in no
case shall present an
obstacle or block or impede
access or pedestrian
movement.
• All such signs shall be
removed by the tenant or
owner of the property within
10 days of the election for
which the sign was posted
• All sign copy shall conform
to the State Election Code
• No sign shall be located
so as to constitute a hazard
to automobile, bicycle, or
pedestrian traffic, or a
safety hazard including but
not limited to the
obstruction of the location
of fire hydrants; visibility of
traffic signs or signals;
vehicular, bicycle, or
pedestrian directional signs;
and the line of sight of
intersections or sidewalks.
• Nothing in this section
shall authorize any sign
poster or other person to
trespass or otherwise
violate any rights of the
property owners or tenants
of property on which signs
are posted, including the
property owner's right to
approve or disapprove
locating the sign on their
property.
Poster, notice, or
sign legally
required by state
or Federal law
Per agency
requirement
NR NR • No additional standards
beyond those otherwise
required by this article
• Permitted within the public
right-of-way
Attachment B
Real estate sign 8 sf w/in R-1 and
R-2 Zones; 16 sf
w/in R-3 and R-
3-O; and 32 sf
w/in other zones
1 per street
frontage
6 feet (if
freestanding)
• Limited to on-site signs
advertising the sale, lease,
or rental of a structure or
land
• Removal shall occur within
15 days of the close of
escrow, lease, or rental
Subdivision sign 80 sf per street
entrance
1 per lot w/in R
Zones
4 feet (if
freestanding)
• Duration of sign display
shall not exceed one year
after date of erection
• The requirement above
may be extended for a
reasonable period of time
not to exceed one year by
written approval of the City
Planner Director
1 per street
frontage w/in
other zones
Time and
temperature sign
1/6 sf per lineal
footage of
building frontage
1 per property NR • Not permitted in
residential zones
• Only the display of current
time and temperature shall
be permitted
• Shall not be computed
towards maximum
permitted sign area
Traffic, danger
emergency or
other official public
sign
Per agency
requirement
NR NR • Includes miscellaneous
traffic and other official
signs of any public or
government agency or
official notices issued or
posted by a public body or
officer.
Window sign,
permanent
15% of individual
window area and
30% of total area
of all windows
NR NR • Changeable copy is
permitted. Signs shall not
rotate, move, or cause
uncontrolled direction of
lights, flash, reflect, scroll,
or blink.
Notes:
NR = No Requirement beyond the development and design standards and any other applicable requirement(s) of the underlying zone or this article.
SECTION 70. Section 9614.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§9614.04. PROHIBITED LOCATIONS.
(a) Signs or sign structures which by their location conflict with a traffic control sign or signal or create a safety hazard for pedestrian, bicycle, or vehicular traffic; (b) Signs on public property, except when authorized by the appropriate governmental agency;
(c) Signs overhanging in the public right-of-way, unless specifically permitted by this Attachment B
chapter. All signs permitted to project over the public right-of-way must do so in compliance with Sections 7165 through 7172 of Chapter 1 of Article VII, Streets and Public Works.
(d) No sign shall be affixed to any vehicle or trailer on a public right-of-way or public or private property unless the vehicle or trailer is currently and regularly being used in its normal business capacity and is not for the sole purpose of attracting business. (e) Sign structures shall not be placed within the intersection visibility triangle as described in Section 9520.04 and shown in Figure 9.6.2 unless the sign complies with the provisions of Section 9614.04(f).
Figure 9.6.2. Sign Restrictions Near Intersections
(f) Within the area composed by said triangle ("the corner cutback area"), no sign shall create a visual obstruction within a vertical space between 30 inches above the adjacent curb grade and a minimum nine feet above the adjacent curb grade as shown in Figure 9.6.3.
Attachment B
Figure 9.6.3. Area Free of Visual Obstruction
(g) The City Planner Director may require an additional offset or setback other than required by this section to create site visibility upon finding that the need for such additional offset or setback is required to maintain public safety. (h) Nonexempt signs within the R-1 and R-2 Zones.
SECTION 71. Section 9618.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9618.02. SIGNS BY ZONE.
(a) The allowable signs and maximum sign area allowed by zone for on-site signs shall be as identified in Table 9.6.2 and subject to the following:
(1) The maximum sign area shall be calculated based on the lineal feet of building frontage or as otherwise provided below. A maximum of one building frontage shall be used to determine the total maximum sign area allowed for building signs except that two building frontages may be counted for buildings located on lots or parcels with more than one street frontage. Where a building has multiple frontages, the City Planner Director shall determine which frontage shall be used to calculate the maximum building sign area. The maximum sign area for building signs may be allocated to any building frontage as determined by the applicant.
(2) The maximum sign area allocated for building signs may be distributed all allowable signs as determined by the applicant provided that all signs comply with Section 9618.04, Sign-Specific Requirements.
(3) All signs shall comply with Section 9624, Lighting and Design Standards.
Table 9.6.2. Signs by Zone
Zone Signs Allowed Maximum Sign Area
R-1 and R-2 Exempt signs Exempt signs only
R-3 and R-3-O Exempt signs
Temporary signs
Wall signs
Monument Sign
A maximum of 12 square feet in total sign area per street frontage
M-U Awning signs
Exempt signs
Freestanding signs
Hanging signs
Marquee signs
Monument signs
Projecting signs
Temporary signs
Wall signs
Multi-family developments shall be subject to the
requirements for the R-3 and R-3-O Zones. Commercial
uses shall be subject to the requirements for the C-1, C-2, and C-3 Zones.
H-M Exempt signs
Monument signs
Temporary signs
Wall signs
A maximum of one square foot of area for each lineal foot of building frontage. No individual sign shall exceed not to exceed a maximum of 30 square feet. Signs shall not be
permitted to face toward a residential zone.
Attachment B
Table 9.6.2. Signs by Zone
Zone Signs Allowed Maximum Sign Area
O-S Exempt signs
Monument signs
Temporary signs
One monument sign which shall not exceed 20 square feet of copy area and 60 square feet of background area
P Awning signs
Exempt signs
Freestanding signs
Hanging signs
Marquee signs
Monument signs
Projecting signs
Temporary signs
Wall signs
The maximum sign area and height for building and
freestanding signs in a P Zone shall be determined by the City Planner Director based on the identification needs of the use, the nature and uses of the surrounding area, and the sign requirements of any adjacent zone(s)
C-P Exempt signs
Monument signs
Temporary signs
Wall signs
A maximum of 1/2 square foot of area for each lineal foot of business frontage, not to exceed a maximum of 40
square feet in area.
Property under single ownership and having a continuous street frontage greater than 150 feet may exceed the 40 square feet maximum and compute the permitted area as
follows: 1.5 times the building setback, plus 1/3 of the lineal feet of business frontage.
C-1, C-2, C-3 Awning signs
Exempt signs
Freestanding signs
Hanging signs
Marquee signs
Monument signs
Projecting signs
Temporary signs
Wall signs
The maximum sign area of all permit signs for each
individual business shall not exceed 2.25 square feet of area for each lineal foot of building frontage.
C-M Awning signs
Exempt signs
Freestanding signs
Hanging signs
Marquee signs
Monument signs
Projecting signs
Temporary signs
Wall signs
The maximum sign area of all permit signs for each
individual business shall not exceed 2.25 square feet of area for each lineal foot of building frontage.
M-1 and M-2 Awning signs
Exempt signs
Freestanding signs
Hanging signs
Marquee signs
Monument signs
Projecting signs
Temporary signs
Wall signs
The maximum sign area of all permit signs for each
individual business shall be limited to one square foot for each lineal foot of building frontage for the first 60 feet of frontage, plus 1.0 square foot for each 2.0 lineal feet of building frontage for the next 40 feet of frontage, plus 1.0 square foot for each 4.0 lineal feet of building frontage for any additional frontage greater than 100 feet.
Notes:
a Individual signs may have further limits, see Section 9618.04 Attachment B
SECTION 72. Section 9618.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9618.06. SPECIAL EVENTS AND TEMPORARY SIGNS.
(a) Temporary signs, banners, flags, pennants, decorations, and other advertising devices that do not advertise a specific product or service are permitted if subject to approval of a Special Event Permit from the City Planner Director as described in Section 9420. The application shall include the type and size of sign, display dates, and their location in addition to the other requirements of the Special Event Permit.
The sign area of temporary signs shall be a maximum of 150% of the permitted sign area within the applicable zone provided that the temporary signage does not create any safety hazards or impede the view of a sign of any other establishment. (b) Nothing in this section contained shall prevent the Council from granting a temporary special permit or otherwise permitting, on such terms as it may deem proper, signs (or the like) advertising or pertaining to any civic, patriotic, or special event of general public interest taking place within the boundaries of the City when it can be found that the same will not be materially detrimental to the public welfare, interests, or safety or injurious to any abutting property.
(c) Additional standards apply to the following specific temporary signs:
(1) Decorative Balloon Displays.
(i) Shall be constructed of nonmetallic balloons no larger than 12 inches in diameter.
(ii) Maximum height of any balloon display shall not exceed 40 feet above adjacent grade.
(iii) Shall not obstruct visibility for vehicular traffic. (iv) Shall be anchored in such a way as to prohibit interference with vehicular or pedestrian traffic.
(v) Shall not be displayed on or within any vehicles.
(vi) Decorative balloon displays are allowed only on Fridays, Saturdays, Sundays and holidays.
(vii) No permits or fees are required.
(2) Ground or Roof-Mounted Balloons or Inflatables.
(i) Maximum height of balloon/inflatable is not to exceed 40 feet. (ii) Height of mounted balloon/inflatable is not to exceed 75 feet above adjacent grade.
(iii) Illumination of balloon/inflatable is permitted except for moving or flashing lights.
(iv) Placement of balloon shall not obstruct vehicular traffic visibility. (v) Maximum of one balloon/inflatable may be displayed at any time. (vi) Display periods are limited to a maximum of 30 days per calendar year.
Attachment B
(vii) A permit fee, as established by resolution of the Council, shall be paid.
(3) Tethered Balloons or Inflatables.
(i) Size is not to exceed 300 cubic feet.
(ii) Flying height is not to exceed 125 feet maximum above adjacent grade.
(iii) Illumination of balloons is permitted except for moving or flashing lights.
(iv) A red or white beacon light must be mounted on the highest point of the balloon/inflatable. The beacon light must be activated from sundown to sunrise.
(v) Maximum of one balloon/inflatable may be displayed at any time. (vi) Display periods are limited to a maximum of 30 days per calendar year.
(vii) A permit fee, as established by resolution of the Council, shall be paid.
(4) Flags, Pennants, and Streamers.
(i) Shall not encroach on or above the public right-of-way nor be attached to public utility poles.
(ii) Shall not interfere with vehicular traffic visibility. (iii) Shall not be displayed on or within any vehicles. (iv) Display periods shall be limited to a maximum of four 30 day display periods per calendar year. Each display period shall be separated by a minimum of 30 days.
(v) A permit fee, as established by resolution of the Council, shall be paid.
(5) Searchlights, Lasers and Similar Devices.
(i) Shall not be placed within 100 feet of a residential zone. (ii) Shall be operated only from sunset to midnight.
(iii) Permits may be granted for a maximum period of 12 days per calendar year within a 30 day period. No more than three consecutive days will be permitted.
(iv) Prior to the approval of a permit involving a laser, the applicant must provide evidence to the Planning Division of issuance of a Food and Drug Administration (FDA) "Variance" and a Federal Aviation Administration (FAA) "Letter of Non-objection."
(v) A permit fee, as established by resolution of the Council, shall be paid.
(6) Banners.
Attachment B
(i) Maximum size is limited to 32 square feet.
(ii) Maximum height of any building-mounted banner shall not be higher than the roof line.
(iii) Banners shall only be mounted to the building and shall not be affixed to a fence, vehicle, ground, pole, etc. There shall be no more than one banner permitted per building elevation.
(iv) When displayed within or on a window will be subject only to window sign rules.
(v) Shall not be displayed on or within any vehicles. (vi) Maximum of two banners may be displayed at any time. (vii) Display periods shall be limited to a maximum of four, 30 day display periods per calendar year. Each display period shall be separated by a minimum of 30 days.
(viii) A permit fee, as established by resolution of the Council, shall be paid.
(7) Window Signs.
(i) Placement of temporary window signs is limited to a 30% permit maximum for all window areas on the front face of the building, not to exceed 30% in any one window, provided that the total area of window areas used for signing and all other permitted signs together do not exceed the total allowable sign area of the applicable zone for the business.
(ii) Any portion of a sign located within thirty-six inches (36″) of a window will be considered a window sign.
(iii) Display periods shall be limited to a maximum of four, 30 day display periods per calendar year. Each display period shall be separated by a minimum of 30 days.
(iv) Temporary window signs and changeable copy window signs may not be simultaneously displayed on or within the same building frontage. (v) A permit fee, as established by resolution of the Council, shall be paid.
(8) Civic, Charitable, Religious, Education, or Service Organization Event Signs.
(i) Includes signs and banners for the noncommercial promotion of events put on by civic, charitable, religious, education and service organizations.
(ii) Maximum size is limited to 16 square feet in any Residential, Open Space or Public Zone and 32 square feet in any other zone. (iii) Such signs are permitted a maximum of 30 days prior to the event and shall be removed within 10 days of completion of the event. (iv) Signs promoting the same event shall be spaced by a minimum of 25 feet apart.
Attachment B
(v) A permit fee, as established by resolution of the Council, shall be paid.
SECTION 73. Section 9620.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9620.08. SIGNS NEAR FREEWAYS.
Notwithstanding any other provision of this chapter, signs erected on any lot within five hundred feet (500′) of either side of a freeway right-of-way line shall comply with the following:
(a) Signs which advertise the sale or lease of the lot upon which such sign is placed; (b) Signs which only designate the name of the owner or occupant of the lot or identifying such premises;
(c) Signs limited to an advertisement of the business conducted, services rendered, or goods produced upon the lot on which the sign is located; (d) Signs located such that the content displayed is not designed to be viewed primarily by persons traveling upon such freeway;
(e) Prior to placing any permanent sign for commercial or industrial purposes within five hundred feet (500′) of either side of the right-of-way line of any freeway, a plan shall be filed with, and approved by the City Planner Director showing the location and orientation of the sign or advertising structure and the location of the business or industrial use being served; and
(f) Any advertising structure or sign which is now, or hereafter may be, in violation of the provisions of this section shall be removed in accordance with the amortization schedule of this chapter.
SECTION 74. Section 9622 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9622. BILLBOARDS (OFF-SITE SIGNS).
The following provisions shall establish the standards of development for billboard signs where permitted:
(a) Location.
(1) Billboard signs shall only be permitted in the M-1 and M-2 Zones subject to approval of a Conditional Use Permit.
(2) No new installation shall be erected within 500 feet of an existing off-premises sign fronting on the same street.
(3) Billboard signs shall not be located within 200 feet of any street intersection. (4) Billboard signs shall not be erected at any location on any street within 300 feet of any property having frontage on such street zoned for residential purposes or which is devoted to public or quasi-public recreational, educational, religious, cultural, or administrative uses. (5) Billboard signs shall not be located closer than 25 feet to buildings on an adjoining property, and at such time as any new buildings are constructed on such adjoining property where an outdoor advertising display would be within Attachment B
25 feet of the building, such display will become nonconforming, except where such display is located abutting any wall which has no window openings. (6) No sign shall be erected or maintained on the premises where the residential uses comprise over 50% of the premises.
(7) Billboard signs shall be set back not less than 20 feet from the street property line.
(8) Billboard signs shall be located in such a manner that they do not interfere with the rights of other neighboring uses of property.
(b) Standards.
(1) Billboard signs shall not exceed 300 square feet in area. (2) Billboard signs shall be ground installed with not more than two steel supports, designed in conformance with Subsection (f) of Section 9624. No roof mounted billboards shall be permitted.
(3) Billboard signs shall not exceed a maximum height of 35 feet. (4) Signs that do not have advertising copy for a period of 45 days shall be removed.
(5) Billboard signs shall be maintained in conformance with Subsection (f) of Section 9608 of this chapter.
(6) Billboard signs shall be subject to the landscaping requirements for freestanding signs established by Table 9.6.3 of Section 9618.04. (7) The exposed lack of off-premises advertising structures that may be readily viewed from a public street or residential zone shall be screened in an opaque manner approved by the City Planner Director.
(8) Billboard structures shall be freestanding.
SECTION 75. Section 9624 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9624. LIGHTING AND DESIGN STANDARDS.
Lighting employed as a means of attracting attention to any sign shall be subdued and subject to the following provisions:
(a) All lighting directed onto the exterior surface of a sign shall be provided with opaque deflection or shielding devices to prevent such lighting from glaring or shining onto abutting properties or the public right-of-way.
(b) Interior illuminated signs shall not exceed 430 milliamperes, 12 inches on center.
Sections of signs using colored panels having low light transmission may have those panels illuminated with increased lighting equal to 800 milliampere intensity when certified by the installing sign manufacturer.
(c) Sign design shall consist of a series of compatible elements including but not limited to the materials, letter style, color(s), illumination, and sign shape. (d) Signs shall be an integral part of the overall design of the building structure and compatible with the design and scale of the buildings that they identify.
Attachment B
(e) Supporting sign structures shall be architecturally compatible with the signs they support and the structure(s) on the premises on which they are displayed in terms of style, color, texture, and exterior finish. Supporting members of signs shall appear to be free of any extra bracing, angle iron, guy wires, and the like. The support shall appear to be an architectural and integral part of the building and/or sign. Supporting columns of round, square, or shaped steel members may be erected if required bracing, visible to the public, is minimized or covered to the satisfaction of the City Planner Director.
(f) The City Planner Director's approval of sign supporting structures shall be governed by the extent to which the sign supporting structures reasonably comply with this section.
SECTION 76. Section 9626 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9626. ENFORCEMENT.
(a) Compliance. To protect the public health, safety, and welfare, all signs within the City shall be constructed or erected subject to the provisions of this chapter. (b) Nonconforming and Illegal Signs: Conformance Procedures. (1) Nonconforming signs may not be:
(i) Changed or altered to another nonconforming sign;
(ii) Structurally altered so as to extend their useful life; (iii) Expanded;
(iv) Reestablished after discontinuance 180 days or more; or (v) Repaired when the repairs exceed 50% of the reasonable replacement value of the existing sign or support structure, unless they shall be made to conform to the requirements of this chapter. (2) All illegal signs shall be removed or made to conform to this chapter within 30 days.
(c) The City Planner Director or his or her authorized representative shall not permit and shall abate any sign within the City which fails to meet the requirements of this article Attachment B
or other applicable laws, including, but not limited to, failure to obtain a sign permit, creating a public hazard, and/or abandonment.
SECTION 77. Section 9718 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9718. IMPROVEMENT OF PARKING AREAS.
(a) All parking and driveway areas shall be developed in accordance with Article VIII of this Code. All parking and driveway areas in all zones shall be covered using one or a combination of the following materials:
(1) Portland cement concrete;
(2) Stamped and/or colored concrete;
(3) Brick;
(4) Pavers;
(5) Asphaltic concrete, except in the R-1 and R-2 Zones; and/or (6) Other comparable materials which may be approved by the City Planner Director.
(b) Parking spaces shall be identified with paint or other approved striping materials on the surface of the parking area.
(c) When parking areas abut landscaped planter areas, in lieu of wheel stops, a poured- in-place concrete curb style shall be required.
(d) See Section 9520 (Landscaping, Lighting, and Walls) for additional standards.
SECTION 78. Section 9728 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9728. MISCELLANEOUS REQUIREMENTS.
(a) Assigned Parking Spaces.
(1) The owner or their designee of a multiple tenant building may identify and assign one or more parking spaces for each tenant within their building. (2) The provisions of this section shall not prohibit the owner or their designee, to post the necessary signing, which would ensure the required off-street parking is available for their tenants, their tenants' patrons, and their employees. (b) Change or Expansion of Use or Occupancy Requirements. Whenever the existing use of a structure is expanded or enlarged or the existing use of land is changed to another use or another occupancy with a greater parking and/or loading requirement, the additional required parking and loading facilities shall be provided and thereafter permanently maintained in accordance with the provisions of this chapter.
(c) Change to More Intensive Use. When the intensity of use of any land, building, structure, or premises is increased through the addition of dwelling units, the number of occupants, the number of employees, the floor area, the meeting capacity, or other units of measurement specified in this section, the additional required parking and loading facilities for such increase shall be provided and thereafter maintained in Attachment B
accordance with the provisions of this section.
(d) Continuation of Required Parking. The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading areas which meet the requirements of this section.
(e) Limitations on Use of Required Parking Areas. Required parking areas shall be used exclusively for vehicle parking in conjunction with a permitted use. In satisfying this requirement, the parking facilities shall be designed and maintained without being considered a nuisance at any time and shall be used in a manner that will not result in any hazard to persons or property, or unreasonable obstruction to traffic. (f) Prohibited Parking. Parking in any zone shall not be permitted in a required front setback area, or any portion of a required side setback area that is required to be landscaped. In the R-1 Zone, the vertex of a circular driveway from the street property line may be reduced to not less than 15 ten (10) feet when approved by the City Planner Director.
SECTION 79. Section 9802 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9802. REVIEW BODIES AND RESPONSIBILITIES.
All development proposals may be subject to one or more development application processing procedures contained in this chapter. The exact application processing procedures that apply to a specific project will be determined by the City Planner Director based on project characteristics. Table 9.8.1 outlines the primary types of development applications and review procedures. When more than one application is required for a project, the applications are to be processed concurrently with the final decision body hearing all applications.
Table 9.8.1. Application Types, Review Bodies, and Responsibilities Type of
Application
City Planner
Director
Commission
Council
Public
Hearing
Required
Administrative
Permit
D A A For appeal only
Adult Use
Permit
D A Yes
Density Bonus R D Yes
Site Plan
Review
D A Yes
Planned Unit
Development
D A Yes
Conditional Use
Permit
D A Yes
Variance D A Yes
Attachment B
Zone Change R D Yes
Amendment of
the Zoning Text1
R D Yes
General Plan
Amendment
R D Yes
Specific Plan R D Yes
Prezoning Pre-
Zoning and
Annexation
R D Yes
Zoning
Clearance
D A A For appeal only
Notes:
R = Advisory body making recommendation only
D = Deciding body whose decision is final unless appealed A = Appeal authority
1 May be initiated by Commission or Council only.
SECTION 80. Section 9804.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9804.02. INTENT AND PURPOSE.
These regulations are designed to establish uniform hearing and processing procedures and to provide a standard for the conduct of public hearings that complies with State public hearing requirements and affords the public due process through notification and participation in zoning and development proposals requiring discretionary action. For the purposes of this section, there are two types of hearings, legislative (i.e., changes in this article such as zone changes and code amendments) and administrative quasi-judicial, which shall include all nonlegislative non-legislative matters (i.e., variances and permits, conditional use permits, and site plan review).
SECTION 81. Section 9804.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9804.04. APPLICABILITY.
Whenever Section 9804 is referred to in other parts of this article, and in subsequent amendments, the following procedures for public hearings, notices of appeal, and Council hearings on appeal shall apply.
SECTION 82. Section 9804.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9804.06. PROCEDURES.
(a) Application. For the purposes of this section, application shall include the initiation of an application or any action by the Commission or Council requiring a public hearing. (b) Setting of Hearing. A public hearing shall be held before the Commission or the Council in accordance with State law.
Attachment B
(c) Notice. Notices of public hearings, containing the date, time, place, and purpose of the public hearing and the location of the property, with a legal and general description in matters related to legislative hearings involving zone changes zoning and development proposals and quasi-judicial matters, shall be given in the following manner:
(1) A notice shall be published at least once in a newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing for all legislative and non-legislative hearings.
(2) A notice shall be mailed, postage prepaid, not less than 10 calendar days prior to the date of the public hearing, to all owners and occupants of all property, as shown on the last available County Assessor's rolls, within 500 feet of the exterior boundaries of the subject property that is the subject of the change.
When the 500 foot 500-foot radius extends outside the corporate limits of the City, the City having jurisdiction shall also be notified, as well as all of the property owners within the 500 foot 500-foot radius.
If the number of owners to whom notices would be mailed pursuant to this section is greater than 1,000, then in lieu of mailing said notice, a display advertisement of at least one-eighth (1/8) page shall be published in a newspaper of general circulation in the City not less than 10 ten (10) calendar days prior to the date of the public hearing.
Unintentional failure to mail the notice provided for in this section or failure to post the notice in the manner provided for in this section shall not affect the validity of any proceeding.
(d) City Planner Director Duties. The City Planner Director shall make an investigation of facts bearing on any application to provide the necessary information for action on each application consistent with the intent and purpose of this article. The City Planner Director shall make a recommendation on the application. (e) Planning Commission Duties.
(1) The Commission shall hold such public hearings at the time, date, and place as advertised.
(2) The Commission may establish its own rules for the conduct of public hearings.
(3) The Commission may continue such hearings from time to time pursuant to applicable State law, and the chairman shall, when appropriate, announce the time, date, and place to which such hearing will be continued. No further notice shall be required, unless a hearing is continued to an unspecified date and time.
(4) Each decision by the Commission on a petition for a condition use permit, variance, or other administrative quasi-judicial type action shall be by written resolution. A recommendation by the Commission on an application for a change of zone or other legislative type action shall be by formal resolution to the Council, which shall include the reasons for the recommendation. Such written recommendation shall be filed with the City Clerk for transmittal to the Council. Commission approval or recommendation to the Council of a permit, variance, change of zone, amendment, or other action governed by this section shall be by a majority of members present at the applicable hearing. (f) Recordkeeping. A summary of all testimony offered at the public hearing, the names Attachment B
and addresses of the persons so testifying, copies of all notices, affidavits of mailing and publishing, and all written documentation introduced as evidence at the hearing, including the City's staff report, shall become a part of the subject case file and retained in accordance with State law
SECTION 83. Section 9804.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9804.08. FINDINGS, DETERMINATIONS, AND APPEALS.
(a) Administrative Quasi – Judicial Proceedings.
(1) Findings and Time Requirement. On actions of an administrative quasi- judicial nature, including applications for conditional use permits, and variances, and site plan review, the Commission shall make its findings and determinations pursuant to timelines established in State law. A tie vote shall be deemed a denial, unless an extension of time is requested by the applicant. The applicant may then appeal to the Council as provided in Section 9806.
(2) Appeal. Any person aggrieved or affected by any final determination of the Commission concerning an application for action of an administrative or quasi-judicial nature, including a variance, or a conditional use permit, a site plan review, or any condition or requirement attached to that variance or permit, conditional use permit or site plan review, no later than 15 fifteen (15) days after the date of the decision or of the Commission's failure to make a determination, may file with the City Clerk a written notice of appeal to the Council. Such appeal shall specify where it is claimed that the Commission's findings were in error, and where the decision of the Commission is not supported by the evidence in the matter, and where the public necessity, convenience, and welfare require the Commission's decision to be reversed or modified.
(3) Effective Date of Permits and Variances Granted. No permit or variance granted by the Commission pursuant to this chapter shall become effective until 15 fifteen (15) days after the date of the resolution granting such permit or variance, or such later effective date as provided in such permit or variance granted.
(4) Finality of Decisions. All decisions of the Commission concerning applications for action of an administrative nature, including permits or variances, shall be final, unless appealed as prescribed in this chapter, or until any condition precedent to its effectiveness has been fulfilled, whichever is later in time.
(b) Legislative Proceedings.
(1) Recommendation by Commission. In legislative type proceedings, including amendments to this article or petitions for a change of zone, the Commission shall transmit a resolution of its recommendation to the Council.
The applicant for a change of zone may request a hearing as provided in this section.
(2) Action by Council. In legislative type proceedings, including amendments to the zoning regulations or petitions for a change of zone, the Council shall hold a hearing in accordance with the provisions of this section. However, if the Attachment B
matter under consideration is a petition for a change of zone or a Commission initiated amendment to this article, and the Commission has recommended against the adoption of such change of zone or amendment, the Council shall not be required to take any further action, unless an interested party shall request such a hearing by filing a written notice of appeal with the City Clerk within 15 days after the Commission has made its recommendation. (3) Findings for Action. The Council, after the completion of such public hearing, which it may continue from time to time, may disapprove, approve, or modify, in whole or in part, any recommendation of the Commission.
However, before making any modification in the recommendations of the Commission, the proposed modification may be referred to the Commission for a report and recommendations, and a copy of the report and recommendations shall be filed with the Council before any modification is effected. No further hearing shall be required by the Commission. (4) Final Action. The action of the Council shall be final and conclusive.
SECTION 84. Section 9806.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9806.02. INTENT AND PURPOSE.
To avoid results inconsistent with the purposes of this article, decisions of the City Planner Director and other Administrative Officials of the City may be appealed to the Commission, and decisions of the Commission may be appealed to the Council.
SECTION 85. Section 9806.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9806.04. PROCEDURES.
Figure 9.8.1 and Figure 9.8.2 illustrate the processes described below. (a) Appeals of Administrative Decisions.
(1) Written Notification. Any appeal from a decision of the City Planner Director or other Administrative Official of the City in the administration of this article, or where it is alleged by any person that there is an error in any order, requirement, permit, decision, or determination made by an Administrative Official of the City in the administration or enforcement of this article, shall be made in writing to the Commission. The City Clerk shall not accept for filing a notice of appeal until and unless the appellant or person requesting the hearing has submitted to the City Clerk a filing fee as determined by resolution of the Council.
Attachment B
Figure 9.8.1. Process for Appeal of an Administrative Decision Attachment B
Figure 9.8.2. Process for Appeal of a Commission Decision The written notice of appeal shall be filled within 15 fifteen (15) calendar days of the Attachment B
original decision by the City Planner Director or Administrative Official of the City. (2) Records. The City Planner Director or Administrative Official of the City shall then transmit to the Commission all papers constituting the record upon which the action appealed from was taken.
(3) Stay. An appeal shall stay all proceedings unless the City Planner Director or Administrative Official notifies the Commission that a stay would cause imminent peril to life and property.
(4) Public Hearings. Public hearings shall be set and notice given in the same manner and time as provided in Section 9804 of this chapter. (5) Decision. The Commission may hear and decide such matters by the affirmative vote of not less than a majority of the members present. A tie vote shall be considered denial of appeal.
(b) Appeals of a Planning Commission Decision.
(1) Written Notification and Timing. A decision of the Commission, within 15 fifteen (15) calendar days after the date of such action, may be appealed by written notice of appeal filed in duplicate with the City Clerk. Such appeal shall specify where it is claimed that the Commission's findings were in error, and where the decision of the Commission is not supported by the evidence in the matter, and where the public necessity, convenience, and welfare require such exception or permit. The City Clerk shall not accept for filing a notice of appeal until and unless the appellant or person requesting the hearing has submitted to the City Clerk a filing fee as determined by resolution of the Council.
(2) Records. Upon the receipt of such notice of appeal, the City Clerk shall transmit one copy of the notice of appeal to the City Planner Director with notice of the date, time, and place when the appeal shall be given before the Council. The City Planner Director shall transmit to the Council a copy of all pertinent information contained in the Commission's permanent file.
The City Clerk shall transmit a copy of such notice of appeal and place such appeal on the Council's first available meeting.
(3) Stay. On the date a notice of appeal is filed pursuant to this section, all proceedings in furtherance of the determination, order, decision, condition, or requirement appealed from, including the effective date of any permit or variance in question, shall be stayed until the final determination of the appeal or review by the Council.
(4) Public Hearing. The Council may not approve, reverse, or modify, in whole or in part, the Commission's final determination, decision, order, requirement, or condition which is appealed until the Council has held a public hearing.
Such public hearings shall be set and notice given by the City Clerk in the same manner and time as provided in Section 9804 of this chapter. (5) Decision. The Council shall announce its findings and decision in an appeal proceeding by formal action. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determination of the matter necessary to carry out the general purpose of this article and shall order that the Commission's decision be affirmed, reversed, or modified. The Council shall effect such determination, or any portion thereof, by the affirmative vote of not less than a majority of the total membership of the Council present at the hearing; otherwise, the appeal shall be denied. The Attachment B
action of the Council shall be final and conclusive.
(c) Call for Review.
(1) The City Council shall have the right to review the decisions or actions of the Planning Commission. Except as otherwise provided for herein, any review initiated under this section must comply with all requirements that would ordinarily apply to an appeal of the type of decision or action at issue as described in Section 9806.04(b) of this Code.
(2) Written Notification and Timing. Any City Council member may initiate a call for review of a decision of the Planning Commission, within 15 calendar days after the date of such action, by delivering a written notice of appeal with the City Clerk. No filing fee shall be required in making a request for review under this section.
(3) Records. Upon the receipt of such notice of the call for review, the City Clerk shall transmit one copy of the notice of the call for review to the City Planner Director with notice of the date, time, and place when the appeal shall be given before the Council. The City Planner Director shall transmit to the Council a copy of all pertinent information contained in the Commission's permanent file.
The City Clerk shall transmit a copy of such notice of the call for review and place such the call for review on the Council's first available meeting (4) Stay. On the date a notice of the call for review is filed pursuant to this section, all proceedings in furtherance of the determination, order, decision, condition, or requirement appealed from, including the effective date of any permit or variance in question, shall be stayed until the final determination of the review by the Council.
(5) Public Hearing. The Council may not approve, reverse, or modify, in whole or in part, the Commission's final determination, decision, order, requirement, or condition which is appealed until the Council has held a public hearing.
Such public hearings shall be set and notice given by the City Clerk in the same manner and time as provided in Section 9804 of this chapter. (6) Decision. The Council shall announce its findings and decision in the call for review proceeding by formal action. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determination of the matter necessary to carry out the general purpose of this article and shall order that the Commission's decision be affirmed, reversed, or modified. The Council shall effect such determination, or any portion thereof, by the affirmative vote of not less than a majority of the total membership of the Council present at the hearing; otherwise, the call for review shall be denied. The action of the Council shall be final and conclusive.
SECTION 86. Section 9808 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9808. REAPPLICATION.
The City shall not accept any application for which a substantially identical application was denied by the City, irrespective of whom the applicants are on either application, until 12 consecutive calendar months have expired after the date of the final decision of the City denying the earlier application, unless such final decision was a denial without prejudice.
Upon a written request, the Commission or Council, by the affirmative vote of a majority of its total membership, may waive this requirement if it is shown that a considerable Attachment B
change has taken place in the area in which the property is located, or that additional and pertinent information is available which was not brought out at the public hearing, and that a waiting period of 12 twelve (12) months would create an unusual hardship.
SECTION 87. Section 9810 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9810. APPLICATION WITHDRAWAL.
(a) An applicant for any permit, variance, or zone change, or a person appealing the final determination of the Commission regarding a permit, variance, or zone change, may request permission to withdraw his or her application or appeal by submitting to the Commission, in the case of an application, or to the Council, in the case of an appeal, said request in writing signed by all persons who signed the original application or the written notice of appeal, or by their successors in interest. (b) If the request for withdrawal is received prior to the legal notice being submitted for publication, the City shall grant the request and shall refund the filing fee minus a processing fee. In the case of an application withdrawal, the Director may authorize a partial refund based upon the costs incurred to date and determination of the status of the application at the time of withdrawal.
(c) If the request for withdrawal is received after the submission of the legal notice for publication, the Commission, or the Council, whichever is applicable, may either grant the request or deny the request and proceed to make a final decision on the application or appeal. However, in no event shall the City refund the filing fee. (d) If the request for withdrawal is granted, the Commission, or the Council, whichever is applicable, shall acknowledge said withdrawal by minute action to be reflected in the minutes of the Commission or Council meeting at which the request is granted. In the case of appeals, withdrawal of an appeal shall constitute a final resolution of the matter.
SECTION 88. Section 9814.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9814.02. INTENT AND PURPOSE.
The purpose of this section is to provide an Administrative Permit application process for applications subject to review by the Director for minor land use actions that:
(a) Have little potential for affecting surrounding properties; (b) Have no significant environmental effect under the California Environmental Quality Act; or
(c) Are not subject to discretionary or other review requirements of this article.
SECTION 89. Section 9814.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9814.04. AUTHORITY OF THE CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR.
The City Planner Director shall approve, approve with conditions, or deny an Administrative Permit. The Director may use his/her discretion and forward the Administrative Permit application to the Commission for their decision. The City Planner Director shall render a decision on an Administrative Permit on for the following applications, subject to specific findings and procedures:
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(a) Minor Modification.
(1) In the R-1 and R-2 Zones, minor modifications of the size of linear measurements may be permitted by the City Planner Director where the nonconforming size or linear measurement was conforming at the time of its creation;
(2) The reduction of lot area or lot dimensions by not more than one percent of that required in the zone;
(3) The modification of the width of required parking spaces by not more than three inches and the modification of other parking design standards when such modification will accomplish the intent of this article; (4) The modification of walls or fences which shall not exceed 10% of the specified measurements where topography or structural measurements require such modification;
(5) When landscaping requirements make it impractical to comply, a modification not exceeding 10% may be approved;
(6) The modification of the side setback area to permit the extension of existing building lines for first floor additions or minor building modifications for alignment purposes, except that no modification shall reduce the required setback closer than three feet to a property line;
(7) When additional dedications for street widening are required for lots of recorded subdivisions, the front or street side setback requirements shall be reduced the same distance as that required for street dedications; however, in no case shall the allowed setback be less than the average depth of the projecting building on either side of the subject property; (8) For nonresidential uses, when parking requirements make it impractical to comply, a modification in the reduction of parking, not exceeding 20% may be approved.
(8) (9) Other minor modifications as may be delegated to the City Planner Director by resolution of the Commission; and
(9) (10) Minor changes to sign copy or materials not affecting the overall size of the sign or sign copy area.
(b) Home Occupation Permit. Pursuant to the regulations identified in Section 9408. (b) (c) Temporary Use of Land Permit. Pursuant to the regulations identified in Section 9424.
(c) (d) Special Event Permit. Pursuant to the regulations identified in Section 9420. (d) (e) Second Unit Development Urban Lot Split Permit. Pursuant to the regulations identified in Section 94149965.
(e) (f) Minor Site Plan Review. Minor Site Plan review is for small additions that increase the size of the existing building by no more than 10% within a five-year period, and where the addition does not require a variance or on a residential property does not increase the number of dwelling units. Minor Site Plan review is also for checking the installation of synthetic turf in the R-1 and R-2 zones for compliance with the synthetic turf standards described in Section 9520.04(j). required for the following:
(1) Nonresidential projects that increase the size of the existing building by less Attachment B
than 20% within a five-year period, and where the addition does not require a Variance. New construction of nonresidential projects less than 5,000 square feet where the project does not require a Conditional Use Permit or a Variance and is exempt from CEQA.
(2) New residential projects (ten (10) or less units) that are exempt from the California Environmental Quality Act (CEQA).
(3) All multi-family, or mixed-use development projects that fully comply with the Objective Design Standards (ODS) document, including those within HOU-1 and HOU-2 Zones.
(4) Outdoor dining patio structures associated with existing restaurants in a nonresidential zone.
(5) Moving a building or structure onto a site.
(6) Exterior modifications to an existing structure.
(f) (g)Temporary Outdoor Display and Sales. Pursuant to the regulations identified in Section 9420.10.
(g) (h) Minor Conditional Use Permit. Minor Conditional Use Permits are for outdoor dining areas, minor commercial recreation uses in nonresidential zones. in the commercial zones.
(h) (i) Appeal of Single Family Residential Development. The City Planner shall review all appeals of staff decisions regarding R-1 Zone development plan checks. (1) Appeals to decisions of the City Planner shall be subject to Section 9814.06(f).
A decision of the Director, within fifteen (15) days after the date of such action, may be appealed by written notice filed with the City Clerk subject to Section 9814.06(f). Such appeal shall specify where it is claimed that the Director’s findings were in error, and where the decision of the Director is not supported by the evidence in the matter, and where the public necessity, convenience and welfare require the decision of the Director to be reversed. Such appeal shall state wherein the Director erred in his or her findings, A notice of hearing shall be given in the same manner and time as provided in Section 9804 of this Chapter.
i. The following findings approving an application for a Single-Family Development shall be included in the decision by the Director. In addition, the Planning Commission, and the Council upon further appeal, shall be required to make the following findings in approving an application for a Single-Family Single-Family Development:
a. The proposed building, structure, and/or landscape is in compliance with the goals, objectives, and policies of the City of Downey General Plan and Single Family Single-Family Design Guidelines any other applicable plans adopted pursuant to the General Plan.
b. The proposed building, structure, and/or landscape are in conformity with the standards of the Municipal Code including the location on the lot, area, height, and parking.
c. The proposed building, structure, and/or landscape are substantially consistent with the lots along the same frontage along the same block in terms of the orientation to the street and sidewalk, location of parking and parking structures, Attachment B
setbacks, lot coverage, rooflines, mass and bulk, materials, and colors.
d. The proposed building, structure, and/or landscape, and associated walls and fences, are designed to reasonably protect adjoining and abutting single family residential properties from noise and maintain the visual privacy of adjoining and abutting single family residences.
e. The proposed building utilizes quality materials and details similar to or better than adjoining and abutting single family residences so as to maintain and improve the local setting and community character in terms of appearance and value.
SECTION 90. Section 9814.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9814.06. PROCEDURES.
Figure 9.8.3 illustrates the process described below.
(a) Application. Application for an Administrative Permit shall be made to the City Planner Director on forms provided by the Planning Division. An application fee shall be paid in accordance with a schedule established by resolution of the Council.
Figure 9.8.3. Process for Administrative Permit
(b) Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be Attachment B
incomplete, the City Planner will notify the applicant in writing within 30 days what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner. Once an application for an Administrative Permit is received by the Director, the application will be reviewed for completeness before it is formally accepted for processing. The Director will consider an application when:
(1) All necessary application forms, documentation, exhibits, materials, maps, plans, reports, and other information specified in the application form, any applicable Division handout, and any additional information required by the Director have been provided and accepted as adequate.
(2) All necessary fees and deposits have been paid and accepted. (c) Notification of Applicant. The applicant shall receive written notification within 30 days of submittal that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the written notification, must be provided. (d) Expiration of Application. If a pending application is not deemed complete within six (6) months after the first filing with the Planning Division, the application shall expire and be deemed withdrawn and shall be refunded, subject to administrative processing fees. If an application, deemed complete, is delayed as a result of the applicant(s) and/or property owner(s) inability to perform, then the application shall expire and be deemed withdrawn, six (6) months from the date on which the application was deemed complete.
(e) Extension of Application. The Director may grant one six-month extension upon written request by the applicant. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property. (f) Additional Information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act.
(g) (c) Environmental Review. The City Planner Director shall investigate the application for exemption to the California Environmental Quality Act. (h) (d) Plan Drawings. Plans shall be submitted as required by the City Planner Director. (i) (e) Noticing. The owners or authorized agents of real property within a radius of one hundred feet 100 feet of the exterior boundaries of the property which is the subject of the application shall be notified of the submittal of such application ten (10) days before the anticipated date of the decision by the Director. to the City Planner. The names and addresses of such owners shall be taken from the last available County Assessor's rolls. In the case of a Home Occupation Permit and outdoor displays and sales, no notice is required.
(j) (f) Appeal. If the applicant is dissatisfied with the decision of the City Planner Director, the applicant may appeal in writing to the Commission within 15 days after the City Planner's decision. Such appeal shall state wherein the City Planner erred in his or her findings. in accordance with Section 9806.04(a) within fifteen (15) days after the decision date.
(k) (g) Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
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(l) (h) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
SECTION 91. Section 9814.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9814.08. FINDINGS.
The City Planner Director shall make his or her decision in writing to the applicant. One copy shall be mailed to the applicant, and one copy shall be filed with the chairperson of the Commission.
Approval of an Administrative Permit shall require the following findings by the City Planner Director:
(a) That the proposed activity or use project will be consistent with the objectives, policies, and general land uses and programs specified in the City's General Plan; (b) That the proposed activity or use is consistent with other provisions of this article; and (c) That the proposed activity or use project will not result in conditions or circumstances contrary to the public health, safety, and general welfare; and (d) That the architectural design of the structure(s), and their materials and colors, are compatible with the scale and character of surrounding development and other improvements on the site, and are consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.
SECTION 92. Section 9816.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9816.04. PROCEDURES.
Figure 9.8.4 illustrates the process described below.
(a) Initiation. An Adult Use Permit consistent with the purposes of this section may be initiated by an application of the owner or owners or their authorized agents of the property to which the Adult Use Permit applies.
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Figure 9.8.4. Process for Adult Use Permit
(b) Establishment. The establishment of an adult business shall be subject to the regulations pursuant to Section 9402.
(c) Application. Applications for an Adult Use Permit shall be made to the Commission on forms provided by the City Planner Director and accompanied by an application fee paid in accordance with a schedule established by resolution of the Council. (d) Completeness. Once an application is received by the City Planner Director, the application will be reviewed for completeness. If the City Planner Director finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, identifying what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner Director.
(e) Environmental Review. The City Planner Director shall investigate the application for compliance with the California Environmental Quality Act (CEQA). (f) Investigations of Applications. The Commission shall investigate the facts bearing on each application for an Adult Use Permit to provide the necessary information for action by the Commission consistent with the intent and purpose of this chapter.
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(g) Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h) Findings. The Commission shall review the application and all aspects of the proposed Adult Use Permit for conformance with the intent and purpose of this section and compliance with all applicable development standards. The Commission may approve, approve with conditions, or deny the application.
In taking action, the Commission, as the case may be, shall specify findings in support of the decision. The findings for approval shall include the following:
(1) The proposed location of the development and proposed conditions under which it will be operated or maintained are consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council.
(2) The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. (3) The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City.
A copy of the determination and written findings of fact shall be kept on file in with the City Planner Director and be mailed to the applicant. (i) Conditions of Approval. The Commission, or the Council on appeal, in granting an Adult Use Permit may establish conditions under which an adult use may be permitted or a building for an adult use be constructed and/or altered as the Commission may consider necessary to carry out the provisions of this article, and prevent damages or prejudice to adjacent properties or detriment to the public health, safety, or welfare of the community.
(j) Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of an Adult Use Permit under the provisions of this article shall be complied with. If such conditions or requirements are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the Adult Use Permit should be revoked.
Upon the revocation of an Adult Use Permit, the further use of the property, or the maintenance of any building constructed thereon, by authority of such Adult Use Permit shall constitute a violation of this article.
(k) Voiding of Adult Use Permits. Each Adult Use Permit granted under the provisions of this section shall be subject to revocation, unless:
(1) The operation of an adult business or the construction authorized by such Adult Use Permit has been submitted to plan check within one year after the granting of the Adult Use Permit. If construction is required, the project shall be submitted to plan check within 180 days, remaining valid until the plan check or permit expires;
(2) The use of land or buildings authorized by the Adult Use Permit has taken place within 180 days after the granting of the Adult Use Permit; and (3) The periods of time set forth in Sections 9816.04(k)(1) and 9816.04(k)(2) have been extended by the Commission, but in no case shall the extension exceed 180 days.
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(l) Reapplications. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(m) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
(n) Revocation of Conditions of Approval. The Commission, after notice and a public hearing, may revoke any Adult Use Permit granted for noncompliance with any of the conditions set forth in granting such Adult Use Permit. The Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter. (o) Determination. The Commission, by formal resolution, shall approve, approve with conditions, or deny the application.
(p) Appeal. The decision of the Commission may be appealed within 15 days by any interested party following the procedures in Section 9806.
SECTION 93. Section 9818.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9818.04. PROCEDURES.
Figure 9.8.5 illustrates the process described below. In case of conflict between the following requirements and the state density bonus law, the state density bonus law, as amended, shall prevail.
(a) Initiation. At the time a developer of a proposed housing development seeks a density bonus and/or any regulatory concession per California Government Code Section 65915, the developer must file an application with the City Planner Director. (b) Application. The Density Bonus application shall be filed with the City Planner Director and shall require the following information:
(1) Identification of the kind and number of the targeted units as set forth in Government Code Section 65915 under which the proposed housing development qualifies for a density bonus and any additional regulatory concessions. The developer shall identify the location of the targeted units. (2) The location, acreage, and maximum number of base units allowed under the zone and General Plan land use designation.
(3) Identification of any regulatory concession(s) that is requested by the developer. and a list of any alternative regulatory concessions that would provide, in the developer's opinion, incentives of equivalent financial value to the concession requested.
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Figure 9.8.5. Process for Density Bonus
(4) The specific financial information and data relied upon by the developer that establishes the monetary value of the regulatory concession(s) requested by the developer and a concise statement of how such value was calculated. A Attachment B
clear statement of how the requested additional concession(s) is/are necessary to make the proposed housing development economically feasible, sufficiently detailed to enable City staff to examine the conclusions reached by the developer.
(5) Such other pertinent information as the City Planner Director may require enabling the City to adequately analyze the economic feasibility of the proposed housing development with respect to the requested additional concession(s) and other concessions that may be made available. (c) Completeness. Once an application is received by the City Planner Director, the application will be reviewed for completeness. If the City Planner Director finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
(d) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
(e) Investigation of Applications. The City Planner Director shall investigate the facts bearing on each application for a Density Bonus permit to provide the necessary information for action by the Commission appropriate approving authority for the proposed housing development consistent with the intent and purpose of this chapter. (f) Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(g) Determination.
(1) Commission. After public hearing, the Commission shall, by resolution, recommend to the Council that the application be approved, conditionally approved, approved with changes to the regulatory concessions/incentives, or denied.
(2) Council. The Council shall, by resolution, determine all matters with respect to the granting of a Density Bonus, any additional regulatory concessions, or direct financial incentive. The Council shall approve, conditionally approve, approve with changes to the regulatory concessions/incentives, or deny the application.
(f) (g) Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(g) (h) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
SECTION 94. Section 9820.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9820.02. INTENT AND PURPOSE.
The purpose of this section is to:
(a) Provide a streamlined administrative review process for verifying a project's compliance with this article's development, design, and use standards; and Provide procedures and standards for the comprehensive review of proposed development projects to ensure compliance with the required standards, design guidelines, and ordinances of the City, and
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(b) Assure landowners, business owners, and developers that proposed uses, structures, designs, and site improvements comply with the provisions of this article before preparation of plans for building permits. Minimize potential adverse effects on surrounding properties and the environment, ensure quality development, and protect the integrity and character of the residential, commercial and public areas of the City.
SECTION 95. Section 9820.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9820.04. APPLICABILITY.
Site Plan Review shall be applicable to the following unless provided in this article:
(a) Residential. All new permitted structures and site improvements in all zones except the R-1 and R-2 Zones and R-1 and R-2 uses in the R-3 Zone; The construction of new residential projects that are not exempt from the California Environmental Quality Act (CEQA) or do not comply with the Objective Design Standards (ODS). R-1 and R-2 Zones and R-1 and R-2 uses in the R-3 Zone are exempt from the Site Plan Review procedures.
(b) Nonresidential. Any building moved onto a site; Construction of a new building of 5,000 square feet or more; or the addition of 20% or more to an existing building. (c) The addition of floor area greater than 10% to a site containing an existing structure in R-all zones except the R-1 and R-2 Zones and R-1 and R-2 uses in the R-3 Zone; and
(d) Exterior modifications to an existing structure.
SECTION 96. Section 9820.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9820.06. PROCEDURES.
Figure 9.8.6 illustrates the process described below.
(a) Initiation. Site Plan Review consistent with the purposes of this section may be initiated by an application of the owner or owners or their authorized agents of the property to which the Site Plan Review applies.
(b) Application. The applicant shall submit an application to the City Planner Director with the number of prints of the plans specified by the City Planner Director, together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the Site Plan Review application shall be specified by the City Planner Director.
(c) Completeness. Once an application is received by the City Planner, the application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner.
Once an application is received by the Director, the application will be reviewed for completeness prior to processing. The Director shall consider an application complete when:
(1) All necessary application forms, documentation, exhibits, materials, maps, plans, reports, and other information specified in the application form, any applicable Division handout, and any additional information required by the Attachment B
Director have been provided and accepted as adequate.
(2) All required fees and deposits have been paid and accepted. (d) Notification of Applicant. The applicant shall receive written notification within 30 days of submittal that the application is either incomplete or complete and accepted for processing. If the application is incomplete, additional required information shall be specified in the written notification. The application will not be processed until required information is received.
(e) Expiration of Application. If an application, whether deemed complete or incomplete, is delayed as a result of the applicant(s) and/or property owner(s) inability to perform, then the application shall expire and be deemed withdrawn six (6) months from the date on which the application was deemed complete. (f) Extension of Application. The Director may grant one six-month extension upon written request of the applicant. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of a new project application on the same property.
(g) Additional Information. After the application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act.
(h) (d) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
(i) (e) Investigation of Applications. The City Planner Director shall investigate the facts bearing on each application for a Site Plan Review to provide the necessary information for action consistent with the intent and purpose of this chapter. (j) (f) Conditions of Approval. The Commission, or the Council on appeal, in granting a Site Plan Review may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, or make any requirement that the Commission may consider necessary to carry out the purpose of this article and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
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Figure 9.8.6 Process for Site Plan Review
(k) (g) Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(l) (h) Appeal. Appeals shall be governed by the provisions of Section 9806 of this chapter.
(m) (i) Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a Site Plan Review under the provisions of this section shall be complied with.
(n) (j) Voiding. Each Site Plan Review Permit granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1) The construction authorized by such permit has been submitted to plan check within one year after the granting of such permit and pursued diligently to completion;
(2) The occupancy of land or buildings authorized by such permit has taken place within one year after the granting of such permit; and
(3) The periods of time set forth in Sections 9820.06(j)(1) 9820.06(n)(1) and 9820.06(j)(2) 9820.06(n)(2) have been extended by the Commission upon a written request by the applicant showing cause why such extension is necessary. In no case shall the extension exceed one year. (o) (k) Revocation of Site Plan Review. The provisions of Section 9828 of this chapter Attachment B
shall apply.
(p) (l) Administration. The issuance of a building permit shall be pursuant to the site plan Site Plan Review approval. If there is a substantial change from the original site plan approval, as determined by the City Planner Director, the matter or plans shall be resubmitted to the City Planner Director, subject to all of the provisions of this section, as if it were a new application for a site plan Site Plan Review.
SECTION 97. Section 9820.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9820.08. FINDINGS.
The Commission, and the Council on appeal, shall make the following findings in approving or conditionally approving an application for Site Plan Review:
(a) That the site plan project is consistent with the goals and polices embodied in the General Plan, specific plans and other applicable plans and policies adopted by the Council;
(b) That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located; (c) That the proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City;
(d) That the site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets;
(e) That the proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities;
(d) (f) That the site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare; and That the proposed project conditions of approval are deemed reasonable and necessary to protect the public health, safety, comfort and general welfare; and (g) That the proposed development's site plan and its design features will include graffiti- resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code.
SECTION 98. Section 9822.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9822.04. PROCEDURES.
Figure 9.8.7 illustrates the process described below.
(a) Initiation. A Planned Unit Development may be initiated upon an application of the property owner or owners in accordance with the procedures in this section. Any Planned Unit Development shall be subject to the requirements of this section and shall be in conformity with the requirements of the development plan adopted for such Planned Unit Development.
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(b) Preliminary Review. Before filing any application for a Planned Unit Development, the prospective applicant shall submit to the City Planner Director preliminary sketches and general site information to consider the proposal in relation to the general development objectives in the proposed area. The City Planner Director shall then advise the applicant as to development recommendations and anticipated conditions, in accordance with the provisions of this section and Section 9324, or recommend to the applicant or his or her representative that no further effort be made to acquire a Planned Unit Development Permit.
(c) Application. After the preliminary review, the applicant may file an application for a Planned Unit Development with the City Planner Director, on a form that shall be prescribed and shall include the information specified by the City Planner Director. A filing fee as determined by resolution of the Council shall be paid to the City upon the filing of an application for a Planned Unit Development Permit. (d) Completeness. Once an application is received by the City Planner Director, the application will be reviewed for completeness. If the City Planner Director finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner Director.
(e) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
Figure 9.8.7. Process for Planned Unit Development Permit (f) Investigation of Applications. The City Planner Director shall investigate the facts bearing on each application for a Planned Unit Development to provide the necessary Attachment B
information for action consistent with the intent and purpose of this chapter. (g) Site Plan Review. All proposed development in a Planned Unit Development shall also be subject to Site Plan Review in accordance with Section 9820 of this chapter. (h) Conditions of Approval. The Commission, or the Council on appeal, in granting a Planned Unit Development may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, or make any requirement that the Commission may consider necessary to carry out the purpose of this article and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community. (i) Public Hearings. Public hearing shall be held and governed by the provisions of Section 9804 of this chapter.
(j) Appeals. Appeals shall be governed by the provisions of Section 9806 of this chapter. (k) Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a Planned Unit Development under the provisions of this section shall be complied with. If such conditions are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the Planned Unit Development should be revoked.
Upon the revocation of a Planned Unit Development, the further use of the property, or the maintenance of any building constructed thereon, by authority of such permit shall constitute a violation of this article.
(l) Voiding. Each Planned Unit Development Permit granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1) The construction authorized by such permit has been submitted to plan check within one year after the granting of such permit and pursued diligently to completion;
(2) The occupancy of land or buildings authorized by such permit has taken place within one year after the granting of such permit; and
(3) The periods of time set forth in Sections 9822.04(l)(1) and 9822.04(l)(2) have been extended by the Commission upon a written request by the applicant showing cause why such extension is necessary. In no case shall the extension exceed one year.
(m) Revocation. Any Planned Unit Development Permit, or portion thereof, may be revoked by the same procedure applicable to the approval of a Planned Unit Development.
(n) Compliance.
(1) After the issuance of a Planned Unit Development Permit, no use or improvement shall be established, changed, or altered, except in strict conformity with the permit issued, including the conditions, regulations, or requirements attached.
(2) After the issuance of such permit, no use or improvement shall be established, or altered in a manner which would not comply with the regulations of the base zone, except for modifications authorized by the permit, unless all development on the parcels covered by the permit is in strict conformity with the permit issued and all conditions.
Attachment B
(3) It shall be the duty of the City Planner Director to ensure that all structures and other improvements are undertaken in conformance with the approved development plan.
(4) Upon the completion of all proposed construction and the final approval of any required division of land, the Planned Unit Development Permit shall be considered approved and final.
(o) Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(p) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
SECTION 99. Section 9822.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9822.06. FINDINGS.
The Commission shall review the application and all aspects of the proposed Planned Unit Development for its conformance with the intent and purpose of this section and compliance with all applicable development standards. The Commission may approve, approve with conditions, or deny the application.
In taking action, the Commission, as the case may be, shall specify findings in support of the decision. The findings for approval shall include the following:
(a) That the proposed development is in conformance with the intent and purpose of the Planned Unit Development section and the General Plan;
(b) That the development will not adversely affect adjoining land uses or the general health, safety, or welfare of persons residing or working in the neighborhood; and (c) The development will not cause undue impacts on traffic circulation or safety. (d) The Planned Unit Development meets the overall requirements of this article. (e) The development site and overall density meets the gross requirements of this article.
A copy of the determination and written findings of fact shall be kept on file in the City Planner Director and be mailed to the applicant.
SECTION 100. Section 9824.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9824.04. PROCEDURE.
Figure 9.8.8 illustrates the process described below.
(a) Initiation. Conditional Use Permits may be initiated by the owner, owners, or their authorized agents of property in the City, but only where the use is authorized as a Conditional Use Permit in the zone in which the property lies. (b) Application. The applicant shall submit an application to the City Planner Director with the number of prints of the plans specified by the City Planner Director, together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the Conditional Use Permit application shall be specified by the City Planner Director.
(c) Completeness. Once an application is received by the City Planner Director, the Attachment B
application will be reviewed for completeness. If the City Planner finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application.
The application will not be processed until that information is received by the City Planner Director.
(d) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
(e) Investigation of Applications. The City Planner Director shall investigate the facts bearing on each application for a Conditional Use Permit to provide the necessary information for action consistent with the intent and purpose of this chapter.
Figure 9.8.8. Process for Conditional Use Permit
(f) Conditions of Approval. The Commission, or the Council on appeal, in granting a Conditional Use Permit may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right- of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, and conditions of operation of any enterprise, or make any requirement that the Commission may consider necessary to carry out the purpose of this article and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
Attachment B
(g) Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h) Appeal. Appeals shall be governed by the provisions of Section 9806 of this chapter. (i) Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a Conditional Use Permit under the provisions of this section shall be complied with. If such conditions are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the Conditional Use Permit should be revoked.
Upon the revocation of a Conditional Use Permit, the further use of the property, or the maintenance of any building constructed thereon, by authority of such permit shall constitute a violation of this article.
(j) Voiding. Each Conditional Use Permit granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1) The construction authorized by such Conditional Use Permit has been submitted to plan check within one year after the granting of such Conditional Use Permit and pursued diligently to completion;
(2) The occupancy of land or buildings authorized by such Conditional Use Permit has taken place within one year after the granting of such Conditional Use Permit; and
(3) The periods of time set forth in Sections 9824.04(j)(1) and 9824.04(j)(2) have been extended by the Commission upon a written request by the applicant showing cause why such extension is necessary. In no case shall the extension exceed one year.
(k) Revocation. The provisions of Section 9828 of this chapter shall apply. (l) Administration.
(1) All acts of the Commission under this section shall be construed as administrative acts performed for the purpose of ensuring that the intent and purpose of this chapter shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this article or to the Zoning Map.
(2) Where there is a substantial change from the original site plan, such plan shall be referred to the Commission for action under the procedures of Section 9820 of this chapter. No modification to the conditions of the original approval granting the Conditional Use Permit shall be permitted without the approval of the Commission.
(m) Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(n) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
SECTION 101. Section 9826.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9826.06. PROCEDURES.
Figure 9.8.9 illustrates the process described below.
Attachment B
(a) Initiation. A variance consistent with the purposes of this section may be initiated by an application of the owner, owners, or their authorized agents of the property to which the variance is to apply or by any party who is or will be the plaintiff in an action in eminent domain to acquire the premises involved.
Figure 9.8.9. Process for Variance
(b) Application. The applicant shall submit an application to the City Planner Director with the number of prints of the plans specified by the City Planner Director, together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the variance application shall be specified by the City Planner Director.
(c) Completeness. Once an application is received by the City Planner Director, the application will be reviewed for completeness. If the City Planner Director finds the application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner Director.
(d) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
(e) Investigation of Applications. The Commission shall investigate the facts bearing on each case to provide the necessary information for action consistent with the intent and purpose of this chapter.
Attachment B
(f) Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(g) Determination. The Commission shall approve the application, approve with modifications, or deny the application. All decisions of the Commission shall be final unless modified or denied by the Council on appeal.
(h) Appeal. Appeals shall be held and governed by the provisions of Section 9806 of this chapter.
(i) Conditions of Approval. The Commission, or the Council on appeal, in granting a variance may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right-of-way dedications, design, height of buildings, open spaces, parking areas, landscaping, and conditions of any enterprise, or make any requirement that the Commission, or the Council on appeal, may consider necessary to carry out the provisions of this article, and prevent damages or prejudice to adjacent properties or detriment to the welfare of the community.
(j) Force of Conditions of Approval. Any restriction or condition required by the Commission, or the Council on appeal, in the granting of a variance under the provisions of this article shall be complied with. If such conditions or requirements are not met or if the use permitted is discontinued for a period of one year or more, the Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter to determine if the variance should be revoked.
Upon the revocation of a variance, the further use of the property, or the maintenance of any building constructed thereon, by authority of such variance shall constitute a violation of this article.
(k) Voiding of Variance. Each variance granted under the provisions of this section shall be subject to revocation, unless one of the following applies:
(1) The construction authorized by such variance has been submitted to plan check within one year after the granting of the variance and pursued diligently to completion;
(2) The occupancy of land or buildings authorized by the variance has taken place within one year after the granting of the variance; and (3) The periods of time set forth in Sections 9826.06(k)(1) and 9826.06(k)(2) have been extended by the Commission, but in no case shall the extension exceed one year.
(l) Revocation. The Commission, after notice and a public hearing, may revoke any variance granted for noncompliance with any of the conditions set forth in granting such variance. The Commission shall hold a public hearing in the same manner as set forth in Section 9804 of this chapter.
(m) Administration.
(1) All acts of the Commission under this section shall be construed as administrative acts performed for the purpose of ensuring that the intent and purpose of this article shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this article or to the Zoning Map.
(2) The site plans submitted with an application, together with the conditions, if any, required by the Commission and/or Council shall be kept on file in the Office of the City Planner Director and shall be referred to prior to issuing a Attachment B
building permit. Where there is a substantial change from the original site plans, such plans shall be referred to the Commission for action under the procedures of Section 9820 of this chapter. No modification to the conditions of the original resolution granting the variance shall be permitted without a public hearing as required by Section 9804 of this chapter. In case of such a hearing, a new application, filing fee, and procedure shall be required. (n) Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(o) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
SECTION 102. Section 9828.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9828.06. PROCEDURE.
(a) Initiation. A written request for the revocation or modification of a permit or variance shall be made by the property owner(s) or their agent, original applicant, the City Planner Director, Commission, or Council. Upon determination by the City Planner Director that there are reasonable grounds for the revocation and/or modification of any permit or variance, a hearing shall be scheduled for consideration before the Commission.
(b) Notice and Public Hearing. Notice of a public hearing shall be provided and a public hearing shall be held and governed by the provisions of Section 9804 of this chapter. (c) Findings. Any permit or variance, or any of the terms and conditions thereof, granted under the terms of this chapter, may be revoked or modified by a majority vote of the Commission, or Council on appeal, members present at the public hearing upon finding any one of the following to be true:
(1) That the use is being operated in a manner that is detrimental to the public health, safety, welfare, and public convenience or is a public nuisance; (2) That the permit or variance was obtained by fraud;
(3) That the use for which the permit or variance was granted is not being exercised;
(4) That the use is being conducted in violation of the terms and conditions of the permit or variance or in violation of any statute, ordinance, law, or regulation; (5) That the use for which the permit or variance was granted has ceased or has been suspended for one year or more; and
(6) That the time period for which the permit or variance was granted has lapsed or been violated.
(d) Determination. After such hearing, the Commission, or Council on appeal, shall make a finding of facts and render its determination to revoke, or modify, or allow to remain unchanged the permit or variance in question by formal resolution. (e) Appeal. Appeals shall be governed by the provisions of Section 9806 of this chapter.
SECTION 103. Section 9830.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment B
§ 9830.04. PROCEDURE.
Figure 9.8.10 illustrates the process described below.
(a) Initiation. Change of any property from one zone to another (zone change) may be initiated as follows:
(1) By motion of either the Council or Commission; or
(2) By the verified application of the owner or owners or their authorized agents of all the property proposed to be changed from one zone to another. (b) Applications. The applicant shall submit an application to the City Planner Director together with a filing fee, in accordance with a schedule established by resolution of the Council. The contents of the application shall be specified by the City Planner Director.
(c) Completeness. Once an application is received, the application will be reviewed for completeness by the City Planner Director. If the City Planner Director finds the application to be complete, then the application shall be processed by the Commission. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner Director. (d) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
(e) Investigation of Applications. The City Planner Director shall make an investigation of facts on applications for zone changes to ensure that the action on each application is consistent with the intent and purpose of this article. A staff report with recommendations and the basis for the recommendations shall be made public prior to, or at the beginning of the Commission hearing and shall be included in the record of the hearing.
(f) Public Hearings. Public hearings on zone change requests and amendments to the text of this article shall be held and governed by the provisions of Section 9804 of this chapter.
Attachment B
*Zone changes and changes to the Official Zoning Map shall be adopted by Ordinance.
Figure 9.8.10. Process for Zone Change
(g) Commission Duties. The Commission shall make a recommendation to the Council to approve or deny the application. If the Council proposes substantial modifications not previously considered, the Commission shall consider and forward a recommendation to the Council on those modifications. Failure to respond shall be deemed approval of the modifications and the Council may act with the recommendation.
(h) Appeals. No appeal of a zoning text amendment decision shall occur. (i) Reapplication. Reapplication procedures for zone changes shall be in accordance with Section 9808 of this chapter.
(j) Application Withdrawal. Application withdrawal procedures for zone changes shall be in accordance with Section 9810 of this chapter.
SECTION 104. Section 9832.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9832.04. PROCEDURE.
Figure 9.8.11 illustrates the process described below.
Attachment B
(a) Initiation. Amendments to the text of this article may be initiated by motion of either the Council, or Commission, or the Director.
(b) Environmental Review. The City Planner Director shall investigate the proposal for compliance with CEQA.
(c) Investigation. The City Planner Director shall make an investigation of facts on the proposed zoning text amendment. A staff report with recommendations and the basis for the recommendations shall be made public prior to, or at the beginning of the Commission hearing and shall be included in the record of the hearing. (d) Commission Duties. The Commission shall make a recommendation to the Council to approve or deny the proposed amendment. If the Council proposes substantial modifications not previously considered, the Commission shall consider and forward a recommendation to the Council on those modifications. Failure to respond shall be deemed approval of the modifications and the Council may act with the recommendation.
*Amendments to the zoning text shall be made by Ordinance.
Figure 9.8.11. Process for Zoning Text Amendment
(e) Appeals. No appeal of a zoning text amendment decision shall occur. (f) Public Hearings. Public hearings on zone change requests and amendments to the text of this article shall be held and governed by the provisions of Section 9804 of this chapter.
Attachment B
SECTION 105. Section 9834.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9834.06. PROCEDURE.
Figure 9.8.12 illustrates the process described below.
(a) Initiation. Amendments to the General Plan may be initiated by motion of either the Council or, Commission, or the Director.
(b) Environmental Review. The City Planner Director shall investigate the proposal for compliance with CEQA.
(c) Investigation. The City Planner Director shall make an investigation of facts on the proposed General Plan Amendment. A staff report with recommendations and the basis for the recommendations shall be made public prior to, or at the beginning of the Commission hearing and shall be included in the record of the hearing. (d) Commission Duties. The Commission shall make a recommendation to the Council, in the form of an adopted resolution, to approve, approve with modifications, or deny the proposed General Plan Amendment.
If the Council proposes substantial modifications not previously considered by the Commission, the Council shall refer the matter back to the Commission for consideration. The Commission shall then consider and forward a recommendation to the Council on those modifications. Failure to respond shall be deemed approval of the modifications and the Council may act with the recommendation. (e) Appeals. No appeal of a General Plan Amendment decision shall occur. (f) Public Hearings. Public hearings on General Plan Amendments shall be held and governed by the provisions of Section 9804 of this chapter.
Attachment B
*General Plan Amendments shall be adopted by ordinance.
Figure 9.8.12. Process for General Plan Amendment
SECTION 106. Section 9836.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9836.04. APPLICABILITY.
(a) A Specific Plan is required for development and improvements in any areas shown on the Zoning Map as "Specific Plan (SP)."
(b) The City Planner Director may require a Specific Plan be prepared for any development or redevelopment activity proposed on a site 10 acres or more in size pursuant to the requirements of this section.
(c) Mixed use projects of 10 acres or more in size shall require a Specific Plan pursuant to the requirements of this section.
(d) At the discretion of the Council, specific plans may be prepared by the City or by persons representing affected property owners.
(e) Once adopted, the Specific Plan establishes the new zoning standards, regulations, and land uses for the area covered by the Specific Plan.
SECTION 107. Section 9836.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment B
§ 9836.06. PROCEDURES.
Figure 9.8.13 illustrates the process described below.
Where required by this article, Specific Plan review is to be conducted by the Commission and Council following the City Planner Director's review and recommendation to the Commission. The Commission considers the application and forwards a recommendation to the Council, which has final decision-making authority. (a) Initiation.
(1) A Specific Plan consistent with the purposes of this section may be initiated by an application of the owner, owners, or their authorized agents of the property to which the Specific Plan is to apply or by any party who is or will be the plaintiff in an action in eminent domain to acquire the premises involved.
(2) To ensure long-term consistency with the General Plan, the City may also initiate the preparation and/or amendment of a Specific Plan. (b) Plan shall be filed by the owner of the property for which the Specific Plan is sought or by the agent of the owner who is duly authorized in writing. If an application involves more than one property with different ownership, a map identifying the extent of the ownership of those properties shall be submitted with the application. An application fee shall be paid in accordance with a schedule established by resolution of the Council.
*Specific Plans shall be adopted by Ordinance.
Figure 9.8.13. Process for Specific Plan
(c) Completeness. Once an application is received by the City Planner Director, the application will be reviewed for completeness. If the City Planner Director finds the Attachment B
application to be complete, then the application shall be processed. If the application is found to be incomplete, the City Planner Director will notify the applicant in writing within 30 days, indicating what additional information is required to complete the application. The application will not be processed until that information is received by the City Planner Director.
(d) Environmental Review. The City Planner Director shall investigate the application for compliance with CEQA.
(e) Investigation of Application. The City Planner Director shall investigate the facts bearing on each application for a Specific Plan to provide the necessary information for action consistent with the intent and purpose of this chapter. In particular the City Planner Director shall investigate and make a written report determining whether the proposed application meets:
(1) The consistency requirements and Specific Plan content requirements as outlined in this section; and
(2) The general requirements and intent of this chapter. (f) Consistency. Specific Plans shall be consistent with the General Plan. Following adoption of a Specific Plan, development and uses of land, subdivisions (including tentative tract and parcel maps), public works projects, and development agreements shall be consistent with the Specific Plan.
(g) Public Hearings. Public hearings shall be held and governed by the provisions of Section 9804 of this chapter.
(h) Appeal. No appeal of Specific Plans shall occur.
(i) Modifications. If the Council proposes any substantial modification to the Specific Plan not previously considered by the Commission, the Council shall refer the matter back to the Commission for consideration.
(j) Amendments. Any amendment to an adopted Specific Plan shall be processed in the same manner as an application for original approval of the Specific Plan. A Specific Plan may be amended as often as deemed necessary by the Council. (k) Repeal. A Specific Plan may be repealed in the same manner as it is required to be amended.
(l) Violation. Violation of the requirements of a Specific Plan adopted by the Council constitutes a violation of this article.
(m) Reapplication. Reapplication procedures shall be in accordance with Section 9808 of this chapter.
(n) Application Withdrawal. Application withdrawal procedures shall be in accordance with Section 9810 of this chapter.
SECTION 108. Section 9840 of Article IX of the Downey Municipal Code is hereby added to read as follows (new language underlined, deleted language in strikeout):
§ 9840. ZONING CLEARANCE.
(a) Zoning Clearance: The Zoning Clearance is a review by the Planning Division to verify that a proposed structure, or land use activity, complies with the list of permitted activities allowed in the applicable zoning district, the development standards applicable to the subject use, design standards and any conditions of approval of permits previously issued for the subject site. A Zoning Clearance may be processed Attachment B
concurrently with Building Plan Check Review and business license applications or can be processed separately prior to submittal to the Building Division for Plan Check Review. Unless a project is subject to other legislative, quasi-judicial, or administrative approval under this section.
(1) Applicability. Zoning Clearance shall be required in conjunction with Planning Division review of any building or grading permit, business tax certificate (business license), or other authorization required by the DMC or this Title or for any new use or change of use. Where no other authorization is required, (e.g., Building Permit) Zoning Clearance shall be obtained from the Planning Division before the commencement of any business or land use activity. (2) Criteria for Granting Zoning Clearance: The Director shall grant Zoning Clearance after determining the request complies with all of the applicable standards and provisions for the category of use in the zoning district of the subject parcel.
SECTION 109. Section 9902.4 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9902.4. CITY PLANNER DIRECTOR.
"City Planner” “Director” shall be deemed to mean the City Planner Community Development Director of the City.
SECTION 110. Section 9902.11 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9902.11. SUBDIVISION COMMITTEE.
"Subdivision Committee" shall mean the Subdivision Committee of the City. Such committee shall consist of the following members:
(a) The City Planner who shall serve as chairperson; (a) (b) The Director of Community Development who shall serve as chairperson; (b) (c) The City Engineer;
(c) (d) The Building Official;
(d) (e) The Fire Chief;
(e) (f) The Director of Public Works;
(f) (g) The Director of Parks and Recreation.
Each member may designate a representative of the department or division to act in his or her stead.
SECTION 111. Section 9911 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9911. TENTATIVE MAPS.
Tentative maps shall be required for all subdivisions requiring final maps. A tentative map may be required for a subdivision requiring a parcel map, as determined by the City Planner Director.
SECTION 112. Section 9912 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment B
§ 9912. PARCEL MAPS.
A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by the Subdivision Map Act, unless waived in accordance with Section 9947 of this Code the Subdivision Map Act. Where the requirement for a parcel map is waived pursuant to the provisions of the Section 9947 of this Code Subdivision Map Act, a tentative map may be required by the City Planner Director.
SECTION 113. Section 9920 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9920. PROCEDURE AND PRACTICE.
The procedures set forth in this chapter shall govern the processing, approval, conditional approval, or disapproval and filing of tentative, final and parcel maps. After a tentative map or a preliminary parcel map has been submitted to the Planning Division of the City, the City Planner Director shall convene the Subdivision Committee. The Subdivision Committee shall submit its recommendations for the proposed subdivision, in writing, to the Planning Commission. In the event the Subdivision Committee makes a recommendation or report which is not satisfactory to the subdivider, he or she may appear before the Planning Commission and present any matters relative thereto.
A public hearing shall be held in connection with a subdivision. The procedure to be followed shall be in accordance with the provisions of Section 66451.3 of the Subdivision Map Act as well as Section 9160.06(b)(2) of this Code.
SECTION 114. Section 9925 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9925. REPORTS BY THE CITY ENGINEER AND CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR.
After the receipt of a print of a final map or parcel map, the City Engineer and City Planner Director shall report, in writing, to the Planning Commission as to the compliance or noncompliance of such map with all applicable laws, and if such map does not so comply, they shall file a statement of the changes necessary to cause such map to so comply.
SECTION 115. Section 9930.2 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9930.2 SAME. WAIVER.
The City, upon application to the City Planner Director, shall waive the provisions of this chapter requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the City does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this chapter, the Subdivision Map Act or any other ordinance, statute or regulation.
SECTION 116. Section 9933.11 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9933.11. SAME. SINGLE FAMILY (R-1) ZONES LOT DESIGN.
The following standards shall apply to all proposed subdivisions within the Single Family Residential (R-1) zones. All subdivision developments shall also utilize the designs for Attachment B
considerations and recommendations regarding the design and placement of new subdivided lots:
(a) Minimum Dimensions. Lots may only be subdivided pursuant to the following standards:
(1) Each lot, except the private road, shall have a width and depth not less than that required pursuant to Section 9312.08, unless otherwise provided in this section.
Figure 9.9.1. Subdivisions
(2) Subdivisions proposing a private road shall have an existing minimum lot width equal to the required lot depth plus an additional 32 feet.
Figure 9.9.2. Required Lot Width Prior to Subdivision
(3) The lot depth of a subdivided lot with the front lot line oriented towards the public right-of-way may abide by the required lot depth or may have a minimum lot depth equal to two times the required lot width, whichever is less. Parcels shall remain in compliance with required minimum lot widths and lot area. (i) This standard shall only apply to proposed subdivisions that involve more than two parcels and a proposed private road providing access to additional parcels.
Attachment B
Figure 9.9.3. Required Lot Depth for Lots Oriented Towards the Public Right- of-Way
(4) Existing parcels with a lot size equal to or larger than 60,000 square feet shall be processed as a Planned Unit Development.
(b) Private Roads.
(1) Private roads shall be their own and separate parcel under shared equal ownership by all adjoining subdivided lots.
(2) Private roads shall be measured from side boundary line to subdivided lot line, or from subdivided lot line to subdivided lot line when subdivisions are located on either side of a private road.
(3) Private road improvements shall be built to the standards described in the Downey Municipal Code for streets, lighting, grading/drainage, and traffic signs.
(4) Private roads shall be provided a new individual street name. (i) Street name signs shall be provided per standards set forth in the Downey Municipal Code.
(5) At a minimum, private roads shall consist of one roadway, one row of parallel street parking, and a sidewalk. See Design Guidelines for considerations and recommendations regarding private roadway design.
(i) Roadway widths shall provide a minimum of 20 feet.
(ii) Parallel street parking shall provide a minimum width of eight feet and depth of 22 feet.
(iii) Sidewalk widths shall provide a minimum of four feet. (6) Roadways and street parking shall be built at the same grade as adjoining public roadways, and shall be improved with a curb and gutter design approved by the City Engineer.
(7) Placement:
(i) Parallel street parking shall be located along the boundary line, and Attachment B
opposite of the subdivided lot line.
a. This standard shall not apply when there are subdivided lots located on both sides of a private road or for private roads that propose a second row of parallel street parking.
(ii) Sidewalks shall be located abutting the subdivided lot line, and opposite of the boundary line.
(8) Private road width shall be determined by subtracting the required lot depth from the width of the existing parcel prior to subdivision. In no case shall the private road be less than 32 feet and not more than 60 feet. (i) This standard may be modified by the City Planner Director in order to comply with the requirements described in subsection (c)(1) of this section. In which case the required private road width shall be a minimum of 32 feet.
(ii) If subdivided lots are proposed to front both sides of the private road, then the private road shall measure a minimum width equal to the lot width of the existing parcel prior to subdivision, subtracted by two times the required lot depth, but not less than 40 feet and not more than 60 feet.
(9) Minimum private road widths equal to or larger than 36 feet shall incorporate, to the greatest extent feasible, one of the following or multiple combinations of the following: one or more four foot landscape parkways, a second row of parallel street parking, and a second sidewalk.
(10) In order to facilitate the creation of a 36-foot private road and provide a four foot landscape buffer; private road width equal to 32 feet may incorporate the standards below. Similarly, any road with up to 46 feet may incorporate these standards.
(i) Subdivided lots with a front lot line oriented towards a private road shall reduce their required lot depth by four feet provided that the proposed lot depth will not result in less than 100 feet and the parcel remains in compliance with the required minimum lot area.
a. These lots need only provide a front yard setback of 15 feet. b. This section shall not apply if private road cannot maintain one continuous width.
c. This section shall only apply to new subdivision developments with a newly proposed private road.
d. The four feet shall be forfeited to increase the required private road width and be incorporated into the separate parcel. (11) The private road shall comply with fire apparatus access road standards as required by the Fire Marshal and Fire Code.
(i) An approved turn-around for dead-end roads in excess of 150 feet in depth shall be provided as required by the Fire Marshal and the Fire Code.
(ii) Approved signs, markings, or other notices, such as red curbs, shall be provided as required by the Fire Marshal and Fire Code. (12) Relevant covenant agreements shall be approved by the City Attorney and Attachment B
recorded with the Los Angeles County Recorder's Office. Composition and recordation of such documents shall be the responsibility of the applicant.
Agreements shall include, but are not limited to, language related to granting public access, addressing maintenance, granting the City authority regarding street closures, and naming the road its own and separate parcel equally owned by all abutting new subdivided lots.
(c) Lot Placement and Orientation.
(1) The number of subdivided lots required to have the front lot line oriented towards the public right-of way shall be calculated by the width of the existing parcel prior to subdivision divided by the required minimum lot width. See Design Guidelines for considerations and recommendations regarding lot placement and orientation.
(i) Any decimal fraction shall be rounded down to the nearest whole number.
(ii) Subdivisions proposing the creation of four or more subdivided lots may deduct 32 feet from the width of the existing parcel prior to subdivision for the purposes of calculating the amount of subdivided lots that must be oriented towards the public right-of-way. (iii) A minimum of two parcels shall be orientated towards a public right- of-way.
a. To the greatest extent feasible, all proposed parcels shall be oriented towards the public right-of-way.
(iv) Additional subdivided lots shall be built, behind these lots, with access from and orientation towards a private road.
(d) Parking.
(1) A private road must accommodate a minimum of one parking space per each subdivided lot that abuts the private road.
(2) Each new parcel is subject to the parking standards pursuant to Section 9710.
(3) Street Parallel Parking dimensions and placement shall comply with subsection (b) of this section.
(e) Landscaping.
(1) Private roads with a width equal to or greater than 36 feet shall provide a landscape buffer of four feet (4′).
(2) For subdivisions with a private road width less than 36 feet, in which subsection (b)(10) of this section, a four foot landscape buffer shall be provided on the private property of the new subdivided lot abutting the front property line.
(3) Each new subdivided lot and all forms of required landscape buffers shall comply with the landscape standards set forth in the Downey Municipal Code for street trees and Section 9520.
(4) One tree shall be provided for every 50 feet along the private road.
SECTION 117. Section 9965.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment B
§ 9965.02. APPLICATION.
(a) Owners.
(1) Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
(2) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.
(b) An application for an urban lot split must be submitted on the City's approved form.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness with a complete and detailed list of deficiencies within 30 days after the application is submitted.
(c) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
SECTION 118. Section 9965.03 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9965.03. APPROVAL.
(a) An application for a parcel map for an urban lot split is approved or denied ministerially, by the planning director, without discretionary review. (b) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
(c) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. (d) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.
(e) The City shall either approve or deny the application within 60 days, unless the applicant requests a delay, in which event the 60-day time period shall be tolled for the period of the delay.
(f) If an application for the creation of a urban lot split is denied, the City shall provide a complete list of deficiencies and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments shall be provided to the applicant within the 60-day time period from the date the city receives a complete application.
(g) Any preliminary review, preliminary inquiry, or consultation or staff meeting shall not Attachment B
be constituted as an application review.
SECTION 119. Section 9965.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9965.04. REQUIREMENTS.
An urban lot split must satisfy each of the following requirements:
(a) Map Act Compliance.
(1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this section.
(2) If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract. (ii) The City has all the remedies available to it under the SMA, including, but not limited to, the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(3) Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split. (b) Zone. The lot to be split is in a subzone of the single-family residential zone (R-1). (c) Lot Location.
(1) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on Attachment B
the site complies with applicable seismic protection building code standards.
(vi) Within a 100 year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(2) The purpose of subsection (c)(1) above is merely to summarize the requirements of Government Code Sections 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).)
(3) The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B)–(K) are satisfied.
(d) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.
(e) No Prior Urban Lot Split.
(1) The lot to be split was not established through a prior urban lot split. (2) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. "Any person acting in concert with the owner" here includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
(f) No Impact on Protected Housing.
(1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
Attachment B
(iv) Housing that has been occupied by a tenant in the last three years. (2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied.
(i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
(ii) The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(g) Lot Size.
(1) The lot to be split must be at least 2,400 square feet. (2) The resulting lots must each be at least 1,200 square feet. (3) Each of the resulting lots must be between 60% and 40% of the original lot area.
(h) Easements.
(1) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(2) Each easement must be shown on the tentative parcel map. (3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection (b) above.
(4) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record. (i) Lot Access.
(1) Each resulting lot must adjoin the public right-of-way. (2) Each resulting lot must have a frontage on the public right-of-way of at least 12.5 feet ten (10) feet in width. Each lot must accommodate a driveway in compliance with the driveway requirements of the underlying zone. (j) Unit Standards.
Attachment B
(1) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 9414 of this Code, an ADU, or a JADU. (2) Unit Size.
(i) Residential development shall comply with the objective unit size standards that apply uniformly to all residential development within the underlying zone pursuant to Downey Municipal Code Section 9312.08.
Units must be allowed to be at least 800 square feet.
(ii) The total floor area of each primary dwelling that is developed on a resulting lot must be:
(A) Less than or equal to 800; and
(B) More than 500 square feet.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. (iv) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(3) Height Restrictions.
(i) Maximum building height for a dwelling unit on a lot created by an urban lot split shall be governed by underlying zone pursuant to Downey Municipal Code Section 9312.08. On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(4) Lot Coverage. A maximum lot coverage of 45% is permitted. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (5) Open Space. Open space in the amount of 300 square feet per unit shall be provided with a minimum dimension of 10 feet. The required open space shall be one consecutive area and shall not include setbacks. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (5) (6) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subsection (j)(65)(i) above:
(A) Existing Structures. No setback is required for an existing Attachment B
legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B) Eight hundred Square Feet; Four Foot Side and Rear.
The setbacks imposed by the underlying zone must yield to the minimum extend necessary of the R-1 setback to avoid physically precluding the construction of two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. For all new construction not included within the
subsection (A) above, a minimum of 4-foot setback from rear and side property lines is required.
(iii) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback areas must:
The front setback area must conform to the underlying zone, including 2nd-story setbacks, per Section 9312.08
(A) Be kept free from all structures greater than three feet high; (B) Be fully landscaped, except approved walkways and
driveways, with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (C) Allow for vehicular and fire-safety access to the front structure. (6) (7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space, within a garage, per unit unless one of the following applies:
(i) The lot is located within ½ mile walking distance of either (A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) A site that contains:
a. An existing rail or bus rapid transit station,
b. A ferry terminal served by either a bus or rail transit service, or
c. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less
during the morning and afternoon peak commute
periods.
(ii) The site is located within one block of a car-share vehicle location. (7) (8) Architecture.
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch and be consistent with Section 9312.08. The dominant roof slope is the slope shared by the largest portion of the roof.
Attachment B
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All residential development within an R-1 zone is subject to the objective architectural guidelines provided in Chapter 3 of this Municipal Code. The objective design guidelines checklist must be utilized in the design of any new residential development in the R-1 zones.
(iv) All exterior lighting must be limited to down-lights and comply with the outdoor lighting per Downey Municipal Code Section 9520.06. (v) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (vi) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(8) (9) Landscaping.
(i) Tree Removal
(A) No mature tree may be removed on a lot with any
development under this chapter unless removal is necessary to constructing a dwelling unit that must be allowed under State law.
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subsection (j)(9)(i)(A) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
(D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subsection (j)(9)(i)(C) above, the owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.
(i) Landscaping shall be in compliance with DMC Section 9520.04.
Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
(A) At least one 15 gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for every 10 linear feet of exterior wall.
Attachment B
(B) Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least six feet in height may be installed.
(C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the City's approved plant list. (9) (10) Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected. (10) (11) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding subsection (j)(1011)(i) above, a primary dwelling unit may have a direct utility connection to an on-site wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (iii) All utilities must be underground.
(11) (12) Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (k) Fire-Hazard Mitigation Measures.
(1) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150 foot hose- pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(2) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.
(l) Separate Conveyance.
Attachment B
(1) Within a Resulting Lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (iv) No timeshare, as defined by State law or this Code, is permitted.
This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
(2) Between Resulting Lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. (m) Regulation of Uses.
(1) Residential-Only. No nonresidential use is permitted on any lot created by urban lot split.
(2) No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
(3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
(n) Notice of Construction.
(1) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction- related complaints), and
(v) Contact information for the Building and Safety Department. (2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
Attachment B
(n) (o) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:
(4) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(5) Expressly prohibits any nonresidential use of the lots created by the urban lot split.
(6) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(7) States that:
(i) The lot is formed by an urban lot split and is therefore subject to the City's urban lot-split regulations, including all applicable limits on dwelling size and development.
(ii) Development on the lot is limited to development of residential units under this section and Section 9312.08 of this Code, except as required by State law.
SECTION 120. Section 9965.05 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9965.05. SPECIFIC ADVERSE IMPACTS.
(a) Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(b) "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or General Plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(c) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
SECTION 121. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
Attachment B
SECTION 122. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this ___th day of May, 2026.
Claudia M. Frometa, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Ordinance No. 26- was introduced at a Regular Meeting of the City Council of the City of Downey held on the day of ____ , 2026, and adopted at a regular meeting of the City Council of the City of Downey held on the day of _________________, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. ____, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on (after introduction), and on ____ (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
Attachment B
RESOLUTION NO. 26-4063
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING APPROVAL BY THE AN ORDINANCE OF THE CITY COUNCIL OF
AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE IX (LAND USE) OF
THE DOWNEY MUNICIPAL CODE RELATING TO APPLICATION AND PROJECT
REVIEW AUTHORITY, PROCEDURES AND CLARIFICATIONS TO IMPROVE CODE
CLARITY, STREAMLINE PROJECT REVIEWS, ENSURE CONSISTENCY WITH
STATE LAW, AND REVISIONS TO DEFINITIONS, RESIDENTIAL DEVELOPMENT
STANDARDS, CONSTRUCTION NOISE LIMITATION, AND OTHER DEVELOPMENT STANDARDS, AS WELL AS ADDITIONAL NON-SUBSTANTIVE CLEAN-UP EDITS. (PLN-26-00019)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION I. The Planning Commission of the City of Downey does hereby find, determine, and declare as follows
A The Community Development Department routinely reviews the City’s Land Use ordinances and regulations to incorporate best practices and changes in state law, and address community needs
B Following the most recent review, City Staff has identified a number of municipal code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a more streamlined regulatory framework that also protects the health, safety, and welfare of the public.
C.For these reasons, amendments to Article IX of the Downey Municipal Code (Land Use) are proposed in the areas relating to application and project review authority, procedures and clarifications to improve code clarity, streamline project reviews, ensure consistency with state law, and revisions to definitions, residential development standards, construction noise limitation, and other development standards, as weEI as additional non-substantive clean-up edits.
D,The proposed amendments to the Downey Municipal Code (DMC) support the objectives and policies of the City’s General Plan.
E On April 16, 2026, a notice of the public hearing to consider an amendment to Article IX (Land Use) of the Downey Municipal Code was published in the Downey Patriot
F The Planning Commission held a duly noticed public hearing on May 6, 2026, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to adopt this Resolution recommending approval by the City Council of the amendments to Article IX (Land Use) of the Downey Municipal Code contained in the proposed Ordinance attached hereto as Exhibit A.
SECTION 2. The Planning Commission has determined that the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, where it can be seen with certainty there is no possibility that the ordinance will have a significant effect on the environment.
Attachment C
SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the amended Article IX of the Downey Municipal Code, and in accordance with Downey Municipal Code Section 9832.06, the Planning Commission further finds, determines, and dectar6s that:
I
A The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed code amendment will correct typographical and grammatical errors. Additionally, the proposed amendments would bring the City’s zoning Code into compliance with current state law, and strearnline the development review process while protecting the public health, safety, and general welfare
B The proposed amendment is in general conformance with the General Plan General Plan Policy 1.3.2 states, "Monitor and address changes in land use trends," which is implemented with General Plan Program 1.3.2.2, which states, "Adjust the codes, policies, and regulations in response to changes in land use trends." This amendment is consistent with the aforementioned General Plan policy and program since the clean-up actions will keep the code current by updating certain definitions, updating the Zoning Code to be in compliance with the state law, and providing minor clarifications or modifications, while also staying consistent with the General Plan.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends approval by the City Council of an Ordinance approving amendments to Article IX (Land Use) of the Downey Municipal Code, a copy of which is attached hereto as Exhibit A
Attachment C
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of May 2026.
Carmela M. Uva, Chair,
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 6th day of May 2026, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Guerra, Legaspi, Vice Chair Saikaly, Chair UvaNOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
APPROVED AS TO FORM:
ad\
Funka y /Ef1\Iorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Ria D. loannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on May 6, 2026 nano
Recording Secretary
Attachment C
EXHIBIT A
ORDINANCE NO. XX-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
VARIOUS SECTIONS OF ARTICLE IX (LAND USE) OF THE DOWNEY MUNICIPAL
CODE RELATING TO APPLICATION AND PROJECT REVIEW AUTHORITY,
PROCEDURES AND CLARIFICATIONS TO IMPROVE CODE CLARITY, STREAMLINE
PROJECT REVIEWS, ENSURE CONSISTENCY WITH STATE LAW, AND REVISIONS
TO DEFINITIONS, RESIDENTIAL DEVELOPMENT STANDARDS, CONSTRUCTION
NOISE LIMITATION, AND OTHER DEVELOPMENT STANDARDS, AS WELL AS
ADDITIONAL NON-SUBSTANTIVE CLEAN-UP EDITS
WHEREAS, the City of Downey (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, the Community Development Department routinely reviews the City’s Land Use ordinances and regulations to incorporate best practices and changes in state law, and address community needs; and
WHEREAS, City Staff has identified a number of municipal code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a more streamlined regulatory framework that also protects the health, safety, and welfare of the public; and WHEREAS, the proposed amendments to the Downey Municipal Code (DMC) support the objectives and policies of the City’s General Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 6, 2026, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of this Ordinance approving various amendments to Article IX (Land Use) of the Downey Municipal Code; and WHEREAS, on _________, 2026, a notice of public hearing by the City Council to consider this Ordinance was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on _________, 2026, to consider this Ordinance, where all interested persons were given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted findings by the City Council.
SECTION 2. The City Council has determined that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) the “common sense” exemption, where it can be seen with certainty there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 3. The City Council further finds and determines that:
Attachment C
A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed code amendment will correct typographical and grammatical errors. Additionally, the proposed amendments would bring the City’s zoning Code into compliance with current state law, and streamline the development review process while protecting the public health, safety, and general welfare.
The proposed amendment is in general conformance with the General Plan.
General Plan Policy 1.3.2 states, "Monitor and address changes in land use trends," which is implemented with General Plan Program 1.3.2.2, which states, "Adjust the codes, policies, and regulations in response to changes in land use trends." This amendment is consistent with the aforementioned General Plan policy and program since the clean-up actions will keep the code current by updating certain definitions, updating the Zoning Code to be in compliance with the state law, and providing minor clarifications or modifications, while also staying consistent with the General Plan.
SECTION 4. Section 9112.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9112.02. CITY PLANNER COMMUNITY DEVELOPMENT DIRECTOR AUTHORITY.
The City Planner Community Development Director (or his/her designee hereinafter “Director”) shall be appointed by the City Manager and shall have the following duties, responsibilities, and authority for this article, as well as other duties, responsibilities, and authority prescribed for the City Planner Director under other laws and ordinances, City regulations, and administrative provisions:
(a) The City Planner Director shall have the authority and responsibilities described and illustrated in Chapter 8 and anywhere else the City Planner Director is identified within the Downey Municipal Code.
(b) The City Planner Director's authority and responsibility may be delegated through deputies or assistants appointed by the City Planner Director for such purpose.
Therefore, any time the term "City Planner Director" is used in this article, it shall mean "City Planner Director or designee."
(c) The City Planner Director shall be responsible for determining the applicable section of this article that applies when separate provisions of this article appear to be in conflict or where other ambiguity arises regarding the definitions, standards, and regulations of this article or the Zoning Map.
(d) The City Planner Director shall render interpretations as deemed necessary to clarify and carry out the purposes and regulations of the article, as more particularly set forth in Section 9116 of this Chapter.
(e) The City Planner Director shall investigate and submit to the Commission and/or Council, as applicable, their findings on appeals where it is alleged there is an error or abuse of discretion in any order, requirement, decision, or determination made during the administration of this article.
SECTION 5. Section 9112.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9112.04. PLANNING COMMISSION AUTHORITY.
Attachment C
The Commission’s The Planning Commission's (hereinafter “Commission”) authority is derived from Article IX of The Charter of the City of Downey. With respect to this article, the Commission shall have the authority and responsibilities described and illustrated in Chapter 8 of this article and anywhere else the Commission is identified within the City of Downey Municipal Code. The Commission's primary functions are to:
(a)Review certain applications and forward recommendations to the Council. (b)Hear and decide appeals of the City Planner Director or Administrative Official decisions.
(c)In certain instances (see Chapter 8), the Commission has the authority to approve, approve with conditions or modifications, or deny certain applications as identified in Chapter 8.
SECTION 6. Section 9116 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9116. INTERPRETATION OF REGULATIONS
(a) Interpretation as Minimum Requirements. The provisions of this article are held to be the minimum development requirements. The Commission or Council may require stricter standards for the promotion of the public health, safety, comfort, convenience, and general welfare, based upon the specific facts and circumstances of particular development projects.
(b) Interpretation Duties. If ambiguity arises concerning the content or application of this article, it shall be the duty of the City Planner Director to ascertain all pertinent facts and set forth the findings and interpretation. Unless such finding and interpretation is appealed to the Commission pursuant to Section 9806, the City Planner Director's interpretation shall thereafter govern.
(c) Interpretation of Conflicting Provisions.
(1)When the regulations contained within this article impose greater restrictions upon the use or development of buildings or land than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of the regulations contained within this article shall control.
(2)When the regulations contained within this article impose less restriction upon the use or development of buildings or land than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the more restrictive regulations shall control. (d)Application to City. The provisions of Article IX shall not apply to or limit the City of Downey, whether the City acts in a governmental or in a proprietary capacity.
SECTION 7. Section 9120 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§9120. DEFINITIONS – GENERAL PROVISIONS.
For the purposes of this article, certain terms used are herewith defined and shall be construed as defined in this chapter, unless otherwise expressly stated or the context clearly indicates a different intention. Words and phrases used in this article that are not specifically defined shall be construed according to the context and approved usage of the language, and as ultimately determined by the City Planner Director.
Attachment C
Words used in the present tense shall include the future and the future tense shall include the present; words in the singular number shall include the plural number and words in the plural number shall include the singular number. Words indicating one gender include the other gender. The words "shall" and "will" are always mandatory. The words "may" and "can" are permissive.
SECTION 8. Section 9126 (“C” Definitions) of Article IX of the Downey Municipal Code is hereby amended to in pertinent part as follows (new language underlined, deleted language in strikeout):
Center Line:
A line located in the center of the ultimate right-of-way as established by the City Engineer. In any case in which the City Planner Community Development Director determines this definition is not applicable, the City Planner Director shall designate the centerline.
City Planner:
The head of the Planning Division of the Community Development Department of the City, or designee charged with the responsibility for the interpretation and administration of the Downey Municipal Code.
Commercial Recreation:
Any use or development, either public or private, providing amusement, pleasure or sport, diversion, exercises, or other resources affording relaxation and enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf course, miniature golf courses, ice/roller skating rinks, model courses, shooting galleries, tennis and racquetball courts, amusement centers or arcades, dance studios, health and fitness clubs, boxing gyms, and facilities equipped and used for sports training and conditioning. Excludes adult entertainment facilities, martial arts facilities, and massage therapy establishments.
Commercial Recreation, Minor:
Recreational and instructional uses including, but not limited to, art, crafts, martial arts, pilates, or yoga. Martial arts shall be specific to any of the traditional forms of self-defense or combat that utilizes physical skill and coordination, such as, but not limited to, karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Other uses may include podcast recording studios, non-gambling card or board games, dance studios, health and fitness clubs, boxing gyms, and facilities equipped and use for sports training and conditioning.
Martial arts excludes boxing gyms and similar facilities that are equipped and used for training and conditioning.
Community Development Director or “Director":
The head of the Community Development Department of the City, or designee charged with the responsibility for the interpretation and administration of the Downey Municipal Code.
SECTION 9. Section 9128 (“D” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Decorative Masonry Wall:
A masonry wall incorporating designed with architectural relief, including changes in plane, texture, and/or pattern, to avoid from a flat surface.
Density Bonus Program Guidelines:
Attachment C
Guidelines maintained by the Community Development Department adopted by resolution of the City that outline the criteria and procedures for implementing density bonuses or other regulations in accordance with State Law and this article.
Design Guidelines:
A toolbox of a broad range of design approaches that assists project proponents and their design teams in reaching compliance with the Zoning Code maintained by the Community Development Department.
Development Plan:
A plan for the development and use of a specified parcel or tract of real estate, illustrated by a plat showing the boundaries of such parcel or tract; the location, size, height, and use of all structures; the locations of all vehicular and pedestrian ways, both public and private; all landscaped areas; easements, dedications; and further explained by such specifications, conditions, and limitations as may be imprinted on the plat or described in a supplement.
SECTION 10. Section 9144 (“L” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Lot, Corner:
A lot situated at the intersection of two or more streets that has an interior angle of intersection of not more than 135 degrees (see Figure 9.1.6). The front yard of the corner lot shall adjoin the shortest street property line. Where street property lines are substantially the same length, the City Planner Community Development Director shall determine the location of the front yard.
Figure 9.1.6. Lot Types
SECTION 11. Section 9156 (“R” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Recreational Vehicle Equipment:
A vehicle, vessel, or equipment designed for recreational, travel, or camping use, including units that are motorized or designed to be towed or transported, and not intended for permanent habitation. Recreational equipment includes, but is not limited to: (1) Recreational vehicles (RVs) such as motorhomes, camper vans, travel trailers, fifth-wheel trailers, and truck campers (2) Boats and watercraft such as motorized or non-motorized vessels designed for navigation on water (3) Trailers such as utility trailers, cargo trailers, boat trailers, and similar equipment used for transporting recreational gear (4) Other Attachment C
similar equipment such as all-terrain vehicles, utility terrain vehicles, dune buggies, and personal watercraft when stored on trailers. camp car, truck pickup camper, truck-mounted camper, converted bus or van, motor home, travel trailer, tent trailer, or boat designed for human habitation for recreational or emergency occupancy, with a living area of less than 500 square feet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units, baths, bathrooms, and driver's areas, which vehicle may be moved upon the public highway without a special permit or chauffeur's license. Recreational vehicle shall also include boats, boat trailers, dune buggies, and off-road vehicles.
Recreational Vehicle Equipment Storage Lot:
Any area or tract of land where one or more lots are rented, leased, or held out for rent or lease to owners or users of recreational vehicles or tents used for travel or recreational purposes equipment and which are occupied on a temporary and transient basis.
Residential Care Facility, Large:
Same as a small residential care facility, but serving seven to 14 persons under the age of 18 years or over the age of 60 or for persons who have a disability as defined herein.
Residential Care Facility, Small:
Residential facilities approved and licensed by the State in a single-family dwelling in which group care, supervision and/or assistance are provided for a maximum of six persons under the age of 18 years or over the age of 60 or for persons who have a disability as defined herein. Excludes family day care, foster care or any medical services, including nursing services, beyond that required by the residents of the facility for sustaining the activities of daily living. Examples of residential care facilities include, but are not limited to, facilities for the following:
(a) Developmentally or mentally disabled;
(b) Substance abuse recovery;
(c) Dependent and neglected children;
(d) Physically disabled; or
(e) Wards of the court.
Roof, Flat:
A roof nearly horizontal and level in appearance, with only sufficient slope to facilitate drainage, and generally not exceeding a pitch of 2:12 (see Figure 9.1.12).
SECTION 12. Section 9158 (“S” Definitions) of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
Senior Citizen:
A person 62 years of age or older or, a person 55 years of age or older in a senior citizen housing development of at least 150 dwelling units, a person 55 years of age or older.
Shopping Center, Major-Regional:
A group of commercial establishments planned, developed, owned, or managed as a unit consisting of not less than 20 acres; related in location, size, and type of shops to the trade area that the unit serves; and providing on-site parking in definite relationship to the types and sizes of stores.
Attachment C
Short-Term Rental:
The rental, or lease, or other occupancy of a dwelling unit for a period of 30 consecutive days or less including arrangement, agreement, or listing that advertises, offers, or provides such occupancy, whether or not compensation is provided.
Sign, Abandoned:
Any sign or support structure which for a period of 180 days has been unused and which no longer fulfills the purpose for which it was legally constructed.
Sign, Illegal:
Any sign installed, modified, or constructed without proper approval and/or permits as required by this article and/or any nonconforming sign that has exceeded its authorized amortization period.
Sign, Marquee:
Any sign attached to, integrated into, or displayed on to a marquee, canopy, or permanent roof-like projection extending from a building and typically located over a building entrance.
Sign, Monument:
A low-profile freestanding, ground mounted sign, which is an integral part of a landscaping plan, generally located between a building or street setback line and a street property line, for identification of on-site uses purposes, and having a solid base support.
Sign, Primary:
One wall sign, generally mounted on the front façade or front fascia of a business, to identify its name or service rendered.
Sign, Projecting:
A sign mounted on a building wall and extending outward, in which the sign fascia face is not parallel to the building façade or façade fascia.
Site Plan Review:
An administrative A quasi-judicial process conducted in accordance with Section 9820.
Site Plan Review, Minor:
An administrative process conducted in accordance with Section 9814.
Special Event:
A temporary outdoor use that extends beyond the normal uses and standards allowed by this article. Special events may include, but are not limited to art shows, sidewalk sales, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grand openings, festivals, home exhibitions, and church bazaars. Commercial Motion Picture and Television Production Filming shall be subject to Chapter 10.
SECTION 13. Section 9204 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9204. ENFORCEMENT.
The City Planner Director and such other persons as may be designated by the City Manager are hereby designated as the enforcing agents of this article. If the enforcing agents find that any of the provisions of this article are being violated, they shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and Attachment C
ordering the action necessary to correct it. The enforcing agent shall order the discontinuance of illegal uses of land, buildings, or structures; the removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with, or to prevent the violation of, its provisions. All other administrative officials and employees of the City otherwise charged with the enforcement of laws are responsible for enforcing the provisions of this article.
SECTION 14. Section 9208 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9208. PERMIT PROCEDURES.
(a) No building permit, certificate of occupancy, or business license shall be issued for the erection, alteration, or use of any structure, or part thereof, or for the use of any land which is not in accordance with all the provisions of this article. Any permit or license issued contrary to the provisions of this article shall be void and of no effect. (b) Where any use or development exists in violation of this article, the City shall not issue any permit, building permit, certificate of occupancy, or business license unless to remedy such violation. As determined by the City Planner Director, violations of this article must be satisfactorily remedied to conform to all provisions of this article prior to the issuance of any new permits on said property.
(c) Building permits shall be issued on the basis of plans and applications approved by the City Planner Director authorizing only the use and arrangement set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article and punishable as provided in this article.
Permit procedures are described in Chapter 8 – Administration.
SECTION 15. Section 9210 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9210. CERTIFICATES OF OCCUPANCY.
(a) For the Use of Buildings and for Structures. No building or structure hereafter erected, moved, enlarged, or altered shall be occupied, used, or changed in use until after a final inspection and/or certificate of occupancy has been reviewed by the City Planner Director and issued by the Building Official. Such certificates shall be applied for coincident with the application for a building permit. Such final inspection and/or certificates shall be issued only after such building, enlargement, or alteration has been completed in conformity with the provisions of this article, with approved site plans and required conditions (when these apply), and when the proposed use also conforms to this article and required conditions (when these apply). (b) For the Use of Land. A certificate of occupancy shall be issued before any vacant land is hereafter used or before an existing use of land is changed for other than agricultural purposes provided such use is in conformity with the provisions of this article. The City Planner Director may require the submittal of site plans for review in accordance with Section 9820 of this article for a requested change in the use of land to determine compliance with this article.
(c) Contents of Certificates of Occupancy. Certificates of occupancy shall state that Attachment C
the building or proposed use of a building or land has complied with all laws and ordinances, including the provisions of this article, and with approved site plans and any conditions required by this article relating to the proposed building or use. (d) Records. A record of all certificates of occupancy shall be kept on file in the office of by the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.
SECTION 16. Section 9216 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9216. INTERPRETATION AND ENFORCEMENT PROCEDURES.
The intent of this article is that all questions of interpretation and enforcement shall be first presented to the City Planner Director and, after appropriate administrative review, may be presented to the Commission on appeal. A written copy of all interpretations shall be kept in the office of the City Planner Director.
SECTION 17. Section 9306 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9306. INTERPRETATION OF ZONE BOUNDARIES.
Where uncertainty exists as to the boundaries of any zone shown on the Official Zoning Map, the following rules shall apply:
(a) Where zone boundaries are indicated as approximately following street lines, alley lines, or lot lines, or extensions thereof, such lines shall be construed to be such boundaries.
(b) Where the zone boundary line follows a railroad right-of-way, such zone boundary line shall be construed, unless otherwise indicated, to be located midway between the main tracks of such railroad right-of-way.
(c) Where the zone boundary line follows a stream or other water channel, such zone boundary line shall be construed, unless otherwise indicated, to be located at the limits of the jurisdiction of the City.
(d) Where the zone boundary divides a lot, the location of such boundary line, unless indicated by dimensions, shall be determined by use of the scale appearing on the Official Zoning Map. The Commission shall use Section 9830 of this article as a guide in its determination.
(e) Where zone boundary lines are so indicated that they are approximately parallel to the center lines or street lines of streets, such zone boundary lines shall be construed as being parallel thereto and at such distance therefrom as indicated. If no distance is given, such dimension shall be determined by the use of the scale shown on the Official Zoning Map.
(f) Where any public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the zone classification of the property to which it reverts.
(g) Where uncertainties exist, the City Planner Director may determine the location of the zone boundary line, applying the rules stated in this section wherever applicable and the Director may refer to the Commission an application for interpretation in accordance with the provisions established by this chapter.
Attachment C
SECTION 18. Section 9312.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9312.06. RESIDENTIAL ZONES USE REGULATIONS.
(a) Table 9.3.2 identifies the uses permitted in each Residential Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted. (b) Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.
(c) The "notes and exceptions" column of Table 9.3.2 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use. (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.2.
Residential Zones Use Regulations
Use
R-1
(all lot
sizes)
R-
2 R-3
R-3-
O Notes and Exceptions
Residential
Accessory dwelling units P P P P Subject to Section 9414 Apartments NP P P NP
Condominiums NP P P P
Conversion of buildings to
multiple ownership
NP NP C C Subject to Section 9510
Duplex dwellings NP P P P Site Plan Review is required
for R-3 and R-3-O Requires
Minor Site Plan Review
subject to Section 9814 in the
R-3 and R-3O zones
Family day care home, child
lLarge (9-14 children) P P P P Allowed as provided in
California Health & Safety
Code §1597.45
s Small (8 or fewer children) P P P P
Home occupations P P P P Subject to Section 9408
Junior accessory dwelling units NP NP NP NP
Mobile homes/manufactured
home parks
C C C C
Multi-family dwellings NP NP P P
Attachment C
Residential Zones Use Regulations
Use
R-1
(all lot
sizes)
R-
2 R-3
R-3-
O Notes and Exceptions
Prefabricated housing P P P P Requires Site Plan Review subject to Section 9820
Rooming house NP NP C NP
Residential care facility
large (7-14) C C C C
small (6 or fewer) P P P P
Senior citizen housing
development
NP NP P P Subject to Section 9418
Single-family dwellings
(detached)
P Pa Pa Pa Detached single-family
dwellings only
Single resident occupancy NP NP C NP Subject to Section 9430.06 Special events P P P P Subject to Section 9420
Townhomes NP P P P
Transitional/supportive housing P P P P Subject to Section 9430.06 Two-unit project Development P NP NP NP Subject to Section 9312.08(c) and Section 9965
Public
Utility distribution stations C C C C
Parks and recreational facilities C C C C
Public utilities C C C C Both publicly and privately
owned, providing direct
service to the neighborhood
Religious, fraternal, or service
organizations
NP NP C C Includes churches,
synagogues, temples,
monasteries, and other places
of religious worship and other
fraternal and community
organizations
Schools
public P P P P Includes elementary, middle
or junior,
private C C C C and high schools only
Daycare/preschool NP NP C C Non-residentially improved
properties only
Accessory Uses and Structures
Accessory living quarters P P P P
Attachment C
Residential Zones Use Regulations
Use
R-1
(all lot
sizes)
R-
2 R-3
R-3-
O Notes and Exceptions
Domestic animals P P P P Subject to Section 9514
Parking - surface and structure NP NP C C
Small wind energy systems C C C C
Temporary trailer P P P P 1 trailer used as a temporary residence during construction
of a permanent residence on
the same lot with current
building permit and limited to
a maximum of one 6-month
period
Wireless communication
facilities
Ccb Ccb C C Subject to Section 9426
P = Permitted
NP = Not Permitted
C = Conditional Use Permit required (subject to Section 9824) a Shall be developed to the R-1 5,000 development standards b Minor Conditional Use Permit (subject to Section 9814) cb Non-residentially improved properties only
SECTION 19 . Section 9312.08 (Residential Zones Property Standards) of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9312.08. RESIDENTIAL ZONES PROPERTY DEVELOPMENT
STANDARDS.
(a) Specific Development Standards. Tables 9.3.3 and 9.3.4 identify the development standards for all of the Residential Zones.
Table 9.3.3. R-1 Zone Property Development Standards
Development Standard
Zone
R-1 –
5,000
R-1
–
6,00
0 R-1 –
7,500 R-1 – 8,500
R-1 –
10,000
Lot area - minimum (sq.
ft.)
5,000 6,00
0 7,500 8,500 10,000
Lot width - minimum
(feet)
50′ 50′ 60′ 65′ 70′
Attachment C
Lot depth - minimum
(feet)
Lot depths shall be within 10% the average depth of the two abutting R-1 lots on both sides of the subject lot located on the same side of the street.
Corner lots shall be within 10% the average depth of the adjoining two R-1 lots along the common front yard frontage.
Floor area ratio –
maximum a
0.45 Lot coverage –
maximum
45%
Building height -
maximum (feet)b
main building 28′
accessory building 12′
Front setback (1st floor)
- minimum (feet) c, d
20′
2nd floor front setback –
minimum (feet)i
At the 2nd story façade facing a front yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a front yard. Any additional portions of a 2nd floor facing a front yard shall be set back a minimum of 5 feet from the 1st floor façade.
Rear setback - minimum
(feet) d
20′
Side setback (1st floor) -
minimum (feet) e, f
Ten percent lot width, but not less than 5 feet and not to exceed 14 feet
2nd floor side setback -
minimum (feet) i
At the 2nd story façade facing a side yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a side yard. Any additional portions of a 2nd floor facing a side yard shall be set back a minimum of 5 feet from the 1st floor façade.
Street side setback (1st
floor) - minimum (feet) d
10′
2nd floor street side
setback - minimum (feet)
i
At the 2nd story façade facing a street side yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a street side yard. Any additional portions of a 2nd floor facing a street side yard shall be set back a minimum of 5 feet from the 1st floor façade.
Dwelling unit size -
minimum (sq. ft.) g
one bedroom 700
two bedroom 850
three bedroom 1,100
four bedroom 1,300
more than four
bedrooms
1,500
Attachment C
Building separation -
minimum (feet) h
wall to wall 5 feet
eave to eave 3 feet
Walkway width -
maximum (feet)
6 feet
Prevailing setbacks Subject to Section 9534.18
Exceptions to yards,
setbacks, and height
Subject to Section 9534
Air conditioning,
mechanical roof and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping, lighting,
and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking and
loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site Plan Review Subject to Section 9820
Visibility Subject to Section 9520 and 9534
Wireless
Communication
Facilities
Subject to Section 9426
Notes:
a Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources, for a maximum FAR of 0.50, in accordance with the provisions of Section 9312.08(b)(2).
b Porch features, such as, but not limited to, entry porches, covered patios, and porte- cocheres, must have a top-of-plate height equal to or less than the first floor top-of- plate height of the main structure, not to exceed 12 feet. Top-of-peak height must be equal to or less than the top-of-peak height of the main structure, not to exceed 16 feet. Slope and pitch must be equal to main structure. c Unless the property is identified on the prevailing setback map, as adopted by the Commission, in which case the greater of the two setbacks shall apply. d Garage setbacks are subject to Sections 9710 and 9534.22. e Any decimal fraction shall be rounded up to the nearest inch. f 1st floor side yard setbacks may be reduced subject to Section 9534. g Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
Attachment C
h
Building separation for rear detached garages is also subject to back up triangle requirements located in Section 9710.
i
The second-floor setback shall be measured from the required setback line whenever the existing side setback does not comply.
Table 9.3.4. R-2, R-3, R-3-O Zone Property Development Standards Development Standard
Zone
R-2 R-3 R-3-O
Lot area - minimum (sq.
ft.)
5,000 10,000 10,000
Lot area per dwelling
unit - minimum (sq. ft.)
2,500 1,980
1,815 (for
lots
greater
than
15,000
square
feet)
1,980
1,815 (for lots greater than 15,000
square feet)
Lot width - minimum
(feet)
50 100 100
Lot depth - minimum
(feet)
Lots shall conform to the average depth of adjacent lots Lot coverage - maximum
(percent)
50 50 50
Building height -
maximum (feet)
main building
30 feet or
two
stories,
whichever
is less
35 feet or
three
stories,
whichever
is lessa
35 feet or three stories, whichever is
lessa
accessory building 12 feet 12 feet 12 feet
Yard setbacks -
minimum (feet)
front 20 15 15
rear 20 see noteb see noteb
Yard setbacks (side) -
minimum (feet)
interior 5 5c 5c
street 10 7.5 7.5
Dwelling unit size -
minimum (sq. ft.)d, e
studio units NA 500 500
one bedroom 700 600 600
two bedroom 850 800 800
Attachment C
three bedroom 1,100 1,000 1,000
four bedroom 1,300 1,300 1,300
Building separation -
minimum (feet)
10 10 10
Main building and
detached garage
separation - minimum
(feet)
5 5 5
Usable open space area
per dwelling unit –
minimum (sq. ft.)
NA 200 200
Air conditioning,
mechanical roof and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting,
and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking and
loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Visibility Subject to Section 9520 and 9534
Wireless communication
facilities
Subject to Section 9426
Notes:
a When abutting R-1 or R-2 zoned property, the variable height requirement shall apply in accordance with Section 9534.24.
b When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: 20 feet for a one story building, 30 feet for a two story building, and 46 feet for a three story building. When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: no setback required for a one story building, 10 feet for a two story building, and 26 feet for a three story building. When the rear yard area abuts another R-3 Zone the following minimum setbacks are required: 10 feet for a one story building, 15 feet for a two story building, and 20 feet for a three story building.
c When abutting the R-1 Zone, the minimum setback shall be 10 feet. d Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
e Each additional bedroom over four shall be a minimum of 130 square feet.
NA = Not Applicable
Attachment C
(b) General Development Standards.
(1) Residential Uses. No lot, building, or structure shall be used or appear to be used for commercial purposes and shall not involve the conduct of a business nor contain commercial or industrially rated equipment not customarily used in connection with a residential occupancy, nor be used for the storage of vehicles, equipment, or materials not customarily incidental to the residential use.
(2) Alternative Energy FAR Bonus in the R-1 Zone. Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources. The maximum FAR for the R-1 Zone with the renewable energy bonus is 0.50. The renewable energy sources must provide 50% or greater of a parcel's annual energy requirements. (i) Renewable energy sources include at least one component from (A) and one component from (B) below:
(A) Either solar water heating or tankless water heater; and (B) On-site solar photovoltaic or small wind energy applications to provide the remaining renewable energy requirement.
(ii) The FAR bonus area shall be incorporated as a one story element in the form of either, but not limited to, a detached accessory building, or incorporation of a front wing, rear wing, side wing, or combination of wings.
(3) Architecture. The architecture and general appearance of the building shall be in keeping with the character of the neighborhood and such as not to be detrimental to the general welfare of the neighborhood in which they are located. For R-1 zoning, all construction shall utilize Design Guidelines for considerations and recommendations regarding characteristic architectural styles and prevailing neighborhood character.
(4) Massing. All residential additions, alterations, and modifications shall to the greatest extent possible, avoid excessive massing of the primary structure, through means of varying rooflines, elevations, and other architectural elements (see Figure 9.3.1). Review and approval of massing of buildings shall be subject to the provisions of Section 9820. For R-1 zoning, see Design Guidelines for considerations and recommendations regarding massing and modulation.
Attachment C
Figure 9.3.1. Mass and Scale
(5) Multiple-Family Building Placement and Design.
(i) Multiple-family buildings shall be designed and located on the site in a manner that avoids long, continuous building walls or "barracks-like" rows of structures that create a "canyon effect." Where multiple units share a common driveway, parking court, or alley, ample space shall be provided to provide vegetation, i.e., shrubs and trees where feasible. Rows of adjacent garages shall be enhanced by architecturally recessing some or all of the garage doors, adding vegetation, or using some other means to lessen the undesirable visual effect of long unbroken planes of garage doors especially where visible from a public right-of-way (see Figure 9.3.2).
(ii) No multifamily buildings shall exceed 50 feet in any dimension without architectural articulation of the building façade or mass in order to avoid large, unbroken areas.
(iii) Significant wall articulation (i.e., insets, canopies, wing walls, trellises etc.) and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables shall be used to avoid the box- like appearance of long and unbroken façades, flat walls, and roofs of excessive visual prominence.
(iv) Apply the adopted Objective Design Standards (ODS) to new qualifying multi- family development, residential mixed-use development, and additions to multi-family and residential mixed-use development pursuant to any provision of state law which references ODS, including but not limited to Government Code Section 65589.5 (Housing Accountability Act) and Section 65913.4, as may be amended from time to time.
Figure 9.3.2. Building Placement and Design
(6) Landscaping. Landscaping is required in the front, side, street side and rear yards for all areas not covered by an approved driveway or pedestrian walkway, including but not limited to quantity of trees and three tiered system design, pursuant to Section 9520.
(7) Front and Street Side Yards. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, Attachment C
discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios. Only temporary parking of vehicles pursuant to Section 9710.02(ho) shall be allowed in the front yard. (8) Front and Street Side Yards – Maximum Paving (Hardscape). (i) For properties with a width of 60 feet or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 40% of the area within the total front setback or street side setback.
(A) An additional 10% of hardscape shall be allowed in the front setback or street side setback, provided permeable paving surfaces are used. Pervious concrete may not be used as permeable paving.
a. A minimum of 50% of the total front setback or street side setback shall remain live vegetation landscape
surfaces.
(ii) For properties that are less than 60 feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 50% of the total front setback or street side setback.
(9) Privacy. The following techniques are encouraged in residential zones to maximize privacy between adjacent properties (see Figure 9.3.3). (i) Offset or stagger windows facing neighbor's windows; (ii) Use clerestory windows or locate windows high enough in areas with privacy impacts;
(iii) Use translucent glass where appropriate;
(iv) Use landscaping to provide a buffer between properties; (v) Screen second story balconies and decks from neighboring property by incorporating architectural elements such as opaque balcony railings;
(vi) Locate second-story balconies and decks to avoid direct sight lines into main windows, yards, or patio area of adjacent property; (vii) Incorporate screening devices such as trellises or awnings to increase privacy where appropriate.
(viii) A window or door of a dwelling may obstruct a direct line of sight to an adjoining residential property through the use of by fencing, landscaping, or privacy glass to provide screening and prevent a direct line of sight.
(ix) Second-story windows should either be clerestory with the bottom of the glass at least six feet above the finished floor, or utilize frosted or obscure glass.
Attachment C
Figure 9.3.3. Privacy Techniques
(10) Usable Open Space.
(i) In the R-3 Zone, every lot shall have not less than 200 square feet of usable open space per dwelling unit. Usable open space for the purposes of this section shall mean a consolidated common open area or recreational facility which is designated and intended to be used for outdoor living and which excludes primary walkways, perimeter landscaping, and required setbacks except the rear yard, and said area shall not have a depth or width of less than 15 feet. No portion of off-street parking spaces; driveways; covered pedestrian access ways; or utility areas such as laundries, clothes drying yards, or trash areas shall constitute usable open space.
(ii) Except for the conditions set forth in Section 9312.08(B)(8)(d), a minimum of 50% of required usable open space shall consist of one or more of the following amenities:
(A) Playgrounds, play equipment, and/or tot lots;
(B) Recreational facilities – fountains, sculptures, etc.; (C) Swimming pools;
(D) Tennis courts, basketball courts, and similar sports courts; (E) Recreational building(s)/room(s);
(F) Putting greens;
(G) Game areas;
(H) Picnic/barbecue areas; and
(I) Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.
(iii) The remaining required usable open space may be fulfilled by providing one or more of the following amenities:
Attachment C
(A) Landscaping;
(B) Gardens;
(C) Benches; and
(D) Secondary walkways or walks.
(E) Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.
(iv) Up to one-half of the usable open space for each unit may be provided in a private patio or balcony having direct access from the unit; provided, however, no dimension thereof shall be less than 10 feet with a minimum area of 100 square feet. Apartments having seven units or less may provide all of the required open space within private patios provided no dimension is less than 10 feet with a minimum area of 200 square feet.
(v) Where usable open space abuts driveways, there shall be provided between such recreational area and the abutting driveway a decorative masonry wall or wrought iron fence not less than three feet in height; where abutting parking areas, there shall be a decorative masonry wall or wrought iron fence with a minimum height of five and one-half feet between such recreational area and the parking area. (vi) Usable open space shall not include any portion of a required yard abutting a street, interior side yard area abutting a main building, off- street parking space, required access, walkway, driveway turn-around area, top roof level of any building, or landscaped area between any accessory buildings, except those portions of any accessory building used for recreational purposes.
(vii) Usable open space, when abutting R-1 or R-2 Zones, shall provide irrigated landscape planter areas not less than five feet in width. Such planter areas shall be maintained with trees and shrubs not less than six feet in height, when planted, which shall obtain a mature height of not less than 15 feet. At maturity, such landscaping shall provide an uninterrupted screen between the R-3 development and the R-1 and R-2 Zones.
(11) Site Plan Review. Site Plan Review is required in accordance with the provisions of Section 9820 in the R-3 and the R-3-O Zones.
(12) (11) Motor Vehicle Repair. Motor vehicle repair may be performed under the following conditions:
(i) Repair work shall be restricted to only those motor vehicles currently registered with the California Department of Motor Vehicles to the address in which the repair work is to be conducted.
(ii) In those instances where motor vehicles are not currently registered or are registered in states other than California, proof of ownership by the resident of the property shall be provided.
(13) Recreational Vehicles Equipment Parking in R-1 and R-2 Zones. In the R-1 and R-2 Zones, self-propelled recreational vehicles, such as motor Attachment C
homes, campers, and vans, having a valid license and being in an operable condition, may be parked on a driveway area within the front yard or street side yard area provided vehicular access to a required garage or carport is not obstructed by such vehicles.
Self-propelled and other types of recreational vehicles, including trailers and boats, may be parked or stored on a lot behind the front yard or street side yard area provided the area is paved, vehicular access to a required garage or carport is not obstructed by such vehicles, the vehicles are not parked within a side setback, and they are not parked within five feet of any window or door of a habitable structure. The use of recreational vehicle covers is permitted; however, the covers shall be kept in a well-maintained condition. For the purposes of this section, vehicular access to a required garage or carport shall mean that the garage is fully accessible by a vehicle, without requiring movement of the recreational vehicle. (see Figure 9.7.2 for the garage backup triangle).
(i) Front Yard Prohibition.
No recreational equipment shall be located within the front yard or street-side yard.
(ii) Operability Requirements.
All recreational vehicles located on a property within the R-1 and R-2 Zones shall have a valid license and registration and shall be maintained in an operable condition.
(iii) Permitted Parking Locations.
All recreational equipment shall be parked or stored on a lot behind the front yard or street-side yard area, provided that:
(A) The parking area is paved;
(B) Vehicular access to a required garage or carport is not obstructed by such vehicles;
(C) The recreational equipment is not parked within a required side setback; and
(D) The recreational equipment is not located within five feet of any window or door of a habitable structure.
(iv) Vehicular Access Defined.
For the purposes of this section, “vehicular access to a required garage or carport” shall mean a minimum unobstructed area of 20 feet wide by 25 feet deep measured outward from the garage or carport entryway, to allow for proper maneuvering of vehicles to enter the garage or carport.
(v) Administrative Guidance.
The Community Development Department shall maintain a recreational vehicle parking guide to assist property owners in complying with the requirements of this section.
(14) (13) Storage Cabinets. In the R-3 Zone, personal property storage cabinets Attachment C
shall be provided for each dwelling unit within each carport and/or garage.
Such cabinets shall have not less than 80 cubic feet of area, with a minimum depth of 24 inches, and shall be constructed of one-half inch plywood or other suitable material equipped with hinges and locking devices. The placement of such storage cabinet within the carport or garage shall not interfere with the space required to fully park a vehicle. (15)(14)Temporary Structures. In all residential zones, temporary structures, such as canopies, awnings, and the like, shall only be allowed if completely to the rear of the main building. Temporary structures shall not exceed a maximum of 120 square feet or seven feet in height.
(16)(15) Other Applicable Regulations for Residential Zones. Other applicable regulations in the Residential Zones include, but are not limited to, the supplemental regulations identified in Chapters 4, 5, and 8. (17)(16) 360° Architectural Design.
(i) Any new construction, alteration, and/or addition on a lot, including, but not limited to, a principal residence, second story, detached accessory structure, enclosed patios, and/or porte-cochere shall follow a singular architectural character and style that extends to all building features including faҫades, roof forms and pitches, materials, and detailing that are visible to the public right-of-way and/or abutting properties. An addition should utilize the characteristics of the style of the existing approved home. Portions of structures not visible to the public right-of-way shall incorporate complimentary complementary elements.
(18)(17) Single Family Additions and Accessory Structures Design. (i) New roofs shall be similar in form, pitch, slope and material with the existing permitted house.
(ii) Architectural design shall match style, form, color and material of the existing permitted house and extend to all the exterior portions of the structure that are visible to the public right-of-way and/or visible from adjacent properties. Portions not visible shall incorporate complimentary elements.
(19)(18) Front Entry Orientation.
(i) New architecture, front additions altering the entrance of the dwelling, and remodels altering the entrance of the dwelling shall be designed with the front door oriented towards the street.
(20)(19) Flat Roofs.
(i) For new architecture and alterations in architectural style, flat roof designs may be incorporated when the existing block is characterized by flat roof architectural styles for at least 30% of the houses on the block.
(ii) For additions, flat roof elements may be incorporated when the existing home is entirely flat roof.
(iii) Flat roofs shall be permitted for open patios.
Attachment C
(21)(20) Accessory Buildings.
(i) Accessory buildings, including attached accessory uses, shall be limited to a maximum floor area of 700 square feet, and shall be comprised of one open space with no kitchen facilities or bedrooms.
Closets shall be allowed, but each is limited to 50 square feet. (ii) One bathroom, laundry facilities, and one wet sink are allowed. (iii) Multiple accessory buildings, including attached accessory uses, shall be allowed.
(iv) A covenant and agreement regarding the maintenance of building and use shall be drafted by staff and recorded by the applicant with the Los Angeles County Registrar/Recorder's Office prior to building permit final inspection.
(v) This section shall not apply to garages and patio covers. (c) Two-Unit Projects Development.
(1) Purpose. The purpose of this section is to allow and the appropriately regulate ministerial approval of up to two unit projects development (SB9) in accordance with Government Code Section 65852.21.
(2) Definition. A "two unit project development " means refers to a residential development of up to two primary dwelling units or, if there is already a primary dwelling unit exists within a single family zone on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
(3) Application.
(i) Owners.
(A) Only individual property owners may apply for a two unit project two unit development. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 214.15). (B) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.
(i) (ii) An application A submittal for a two unit project development must include an eligibility checklist provided by the City. be submitted on the City's approved form.
(ii) (iii) The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this Code for the lot and provide the certificate with the application shall demonstrate that the lot is a legal parcel.
Attachment C
(iii) (iv) Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(iv) (v) The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. (4) Approval.
(i) An application for a two unit project development is approved or denied ministerially, by the planning Director, without discretionary review.
(ii) The ministerial approval of a two-unit project development does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements. (iii) The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
(iv) The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code. (v) Two Unit Development (SB9) application shall be acted on within 60 days from the date that the City receives a completed application. The Director shall either approve or deny the application within 60 days, unless, the applicant requests a delay, in which case, the 60-day time period shall be tolled for the period of the delay. Any preliminary review, preliminary inquiry, any consultation or staff meeting shall not be constituted as an application review.
(5) Requirements. A two unit project development must satisfy each of the following requirements:
(i) Map Act Compliance. The lot must have been legally subdivided. (ii) Zone. The lot is in a single-family residential zone. (iii) Lot Location.
(A) The lot is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance,
or land that is zoned or designated for agricultural
protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures
required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
Attachment C
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable
seismic protection building code standards.
f. Within a 100 year flood hazard area, unless the site has either:
1. Been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
2. Meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of the
National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation
plan, or other adopted natural resource protection
plan.
i. Habitat for protected species.
j. Land under conservation easement.
(B) The purpose of subsection (iii)(A) above is merely to summarize the requirements of Government Code Sections
65913.4(a)(6)(B)–(K). (See Government Code Section
66411.7(a)(3)(C).)
(C) The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B)–(K) are
satisfied.
(iv) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district. (v) No Impact on Protected Housing.
(A) The two unit project development must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of
moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has Attachment C
been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any
time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
(B) As part of the two unit project development application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (5)(v)(A) above is satisfied.
a. The sworn statement must state that:
1. No housing that is income-restricted for
households of moderate, low, or very low
income will be demolished or altered.
2. No housing that is subject to any form of
rent or price control will be demolished or
altered.
3. No housing that has been withdrawn from
rental or lease under the Ellis Act at any time in
the last 15 years will be demolished or altered.
4. No housing that has been occupied by a tenant
in the last three years will be demolished or
altered.
b. The city may conduct its own inquiries and
investigation to ascertain the veracity of the sworn
statement, including, but not limited to, surveying
owners of nearby properties; and the City may require
additional evidence of the applicant and owner as
necessary to determine compliance with this
requirement.
(vi) Unit Standards.
(A) Quantity.
a. No more than two dwelling units of any kind may be
built on a lot that results from an urban lot split. For purposes of this paragraph subsection, "unit" means
any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU. No ADU or JADU shall be
located on a lot or parcel without a primary dwelling on the same lot or parcel, per Section 9414.08(a).
b. A lot that is not created by an urban lot split may have a two unit project development under this section, plus any ADU or JADU that must be allowed under State law
and the City's ADU ordinance.
Attachment C
(B) Unit Size. The floor area of each primary dwelling built that is developed under this section must be: consistent with the underlying zone pursuant to Downey Municipal Code Section 9312.08.
a. The total floor area of each primary dwelling built that is developed under this section must be
1. Less than or equal to 800, and
2. More than 500 square feet.
b. A primary dwelling that was legally established on the lot prior to the two unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two unit project. The unit may not be
expanded.
c. A primary dwelling that was legally established prior to the two unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as
part of the two unit project.
(C) Height Restriction. All two unit development structure shall comply with the height limitation of the underlying zone, per Downey Municipal Code 9312.08.
a. On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16
feet in height, measured from grade to peak of the
structure.
b. On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the
structure. Any portion of a new primary dwelling that
exceeds one story must be stepped back by an
additional five feet from the ground floor exterior walls; no balcony deck or other portion of the second story
may project into the stepback.
c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two unit project. (D) Demo Cap. The two unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
(D) (E) Lot Coverage. A maximum lot coverage of 45% is
permitted. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(F) Open Space. Each unit shall be provided with 300 square feet of useable open space; with a minimum side of 10 feet. This open space standard is only enforced to the extent that it does Attachment C
not prevent two primary dwelling units on the lot at 800 square feet each.
(E) (G) Setbacks.
a. Generally. All setbacks must conform to those
objective setbacks that are imposed through the
underlying zone.
b. Exceptions. Notwithstanding subsection
(5)(vi)(G)(E)(a) above:
1. Existing Structures. No change in setback is
required for an existing legally established
structure or for a new structure that is
constructed in the same location and to the
same dimensions as an existing legally
established structure.
2. 800 Square Feet; Four Foot Side and Rear.
The setbacks imposed by the underlying zone
must yield to the degree necessary to avoid
physically precluding the construction of up to
two units on the lot or either of the two units
from being at least 800 square feet in floor area;
but in no event may any structure be less than
four feet from a side or rear property line. For
all new construction not included within the
subsection (1) above, a minimum of 4-foot
setback from rear and side property lines is
required.
c. Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this
section must be at least 25 feet from the front property lines. The front setback area must: conform to the
underlying zone, including 2nd-story setbacks, per
Section 9312.08
1. Be kept free from all structures greater than
three feet high;
2. Be landscaped with drought-tolerant plants,
with vegetation and irrigation plans approved
by a licensed landscape architect;
3. Allow for vehicular and fire-safety access to the
front structure.
(F) (H) Parking. Each new primary dwelling unit must have at least one enclosed off-street parking space, within a garage, or uncovered parking space per unit unless one of the
following applies:
a. The lot is located within one-half (0.5) mile walking distance of either:
Attachment C
1. A high-quality transit corridor with fixed route
bus service with service intervals no longer
than 15 minutes during peak commute hours or
2. A major transit stop site that contains:
i. An existing rail or bus rapid transit
station,
ii. A ferry terminal served by either a bus
or rail transit service, or
iii. The intersection of two or more major
bus routes with a frequency of service
interval of 20 15 minutes or less during
the morning and afternoon peak
commute periods.
b. The site is located within one block of a car-share
vehicle location.
(G) (I) Architecture.
a. If there is a legal primary dwelling on the lot that was established before the two unit project development
any new primary dwelling unit must match the existing
primary dwelling unit in exterior materials, color, and dominant roof pitch, and be consistent with the
objective standards found in Downey Municipal Code
Section 9312.08. The dominant roof slope is the slope
shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the two unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.
c. All new residential development is subject to
compliance with objective R-1 design standards within
this chapter. All new residential development is subject to the guideline and objective architecture checklist.
d. All exterior lighting must be limited to down-lights and comply with the outdoor lighting per Downey Municipal
Code Section 9520.06.
e. No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a
direct line of sight.
f. If any portion of a dwelling is less than 30 feet from a Attachment C
property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at
least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(H) (J) Landscaping. All landscaping must conform to the landscaping standards of the underlying zone. All landscaping must be from the City’s approved plant list. Evergreen
landscape screening must be planted and maintained
between each dwelling and adjacent lots (but not rights-of- way) as follows:
a. At least one 15 gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for
every 10 linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when
installed. As an alternative, a solid fence of at least six feet in height may be installed.
c. All landscaping must be drought-tolerant.
d. All landscaping must be from the City's approved plant list.
(K) Tree Preservation. In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove mature trees on site. A mature tree is defined as trees with a diameter-at-breast- height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than 1/3 of a tree's
vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree.
(I) (L) Nonconforming Conditions. A two unit project
development may only be approved if all nonconforming
zoning conditions are corrected.
(J) (M) Utilities.
a. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. b. Notwithstanding subsection (5)(vi)(M)(a) above, a
primary dwelling unit may have a direct utility
connection to an on-site wastewater treatment system
in accordance with this paragraph and the City's Code.
Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater
treatment system must first have a percolation test
completed within the last five years or, if the percolation Attachment C
test has been recertified, within the last 10 years.
c. All utilities must be underground.
(K) (N) Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.
(O) LEED Platinum Certification. The property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.
(L) (P) Exceptions to Objective Standards. Any objective zoning standards, objective subdivision standards, and
objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.
a. Lot coverage;
b. Floor area ratio;
c. Open space;
d. Tree preservation;
e. Articulation;
f. Second floor stepback.
(vii) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The
public right-of-way must have at least two independent
points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire
hazard severity zone.
c. All enclosed structures on the site must have fire
sprinklers.
d. All sides of all dwellings on the site must be within a 150 foot hose-pull distance from either the public right- of-way or of an on-site fire hydrant or standpipe.
Attachment C
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per
dwelling, with fire-authority approved hookups
compatible with fire-authority standard pump and hose
equipment.
(B) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the
application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the
application.
(viii) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest
developments are not permitted within the lot.
(A) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. a. No timeshare, as defined by State law or this Code, is permitted. This includes any co-ownership
arrangement that gives an owner the right to exclusive
use of the property for a defined period or periods of
time.
(ix) Regulation of Uses.
(A) Residential-Only. No nonresidential use is permitted on the lot.
(B) No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
(x) Notice of Construction.
(A) At least 30 business days before starting any construction of a two unit project development, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized,
Attachment C
b. The anticipated start and end dates for construction, c. The hours of construction,
d. Contact information for the project manager (for
construction-related complaints), and
e. Contact information for the Building and Safety
Department.
(B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice
requirement is purely to promote neighborhood awareness and expectation.
(x) (xi) Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any nonresidential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
a. Property owner must provide for an inspection by City officials every six months for the first three years to ensure the property owner is living on site. The
property owner must pay the special inspection fee as
set forth in the City's fee resolution.re
(D) (E) Limits development of the lot to residential units that comply with the requirements of this section, except as required by State law.
(6) Specific Adverse Impacts.
(i) Notwithstanding anything else in this section, the City may deny an application for a two unit project development if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(ii) "Specific adverse impact" has the same meaning as in Government Attachment C
Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(iii) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(7) Remedies. If a two unit project development violates any part of this Code or any other legal requirement:
(i) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(ii) The City may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.
SECTION 20. Table 9.3.5 of Section 9314.04 of Article IX of the Downey Municipal Code is hereby amended to read in pertinent part as follows (new language underlined, deleted language in strikeout):
§ 9314.04. COMMERCIAL ZONES USE REGULATIONS.
Table 9.3.5. Commercial Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit) Use C-
P
C-
1 C-
2 C-
3 C-
M
H-
M Notes and Exceptions
Other Uses
Convalescent hospitals/nursing
homes/assisted living facilities NP NP C C C P Subject to Sectuftion Section 9422
Attachment C
SECTION 21. Section 9314.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9314.06. COMMERCIAL ZONES PROPERTY DEVELOPMENT STANDARDS. (a) Specific Development Standards. Table 9.3.6 identifies the development standards for all of the Commercial Zones.
Table 9.3.6. Commercial Zone Property Development Standards Development
Standard
Zone
C-P C-1 C-2 C-3 C-M H-M
Lot area - minimum
(square feet)
6,000 6,000 10,000 10,000 87,120 6,000
Lot width - minimum
(feet)
60 60 100 100 290 60
Lot depth - minimum
(feet)
100 100 100 100 300 100
Floor area ratio -
maximum
2.0 0.25 1.4 3.0 NA 2.0
lots 87,120 square feet
or greater
NA NA NA NA 0.60 NA
lots under 87,120
square feet
NA NA NA NA 0.50 NA
Lot coverage -
maximum (percent)
50 50a 50 50 NA 50
Building height -
maximum (feet or
stories, whichever is
less)b
75 feet or 5
stories
20 feet or
1 story
45 feet or
3 stories
105 feet
or 7
stories
150 feet or
10 stories
75 feet or 5
stories
Yard setbacks -
minimum (feet)
frontc 10 20 15 NR 20 10
rear
Abutting a residential
zone
46 46 46 46 46 46
abutting nonresidential
zone
15 15 15 15 15 15
side
interior
abutting a residential
zone
46 46 46 46 46 46
abutting a
nonresidential zone
5 5 NR NR NR See notee
street (abutting major
roads)c, d
10 20 15 NR 20 10
street (abutting all other
streets)c
5 5 5 5 15 10
Attachment C
Building separation -
minimum (feet)
20 20 20 20 20 20
Air conditioning,
mechanical roof and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping, lighting,
and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking and
loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash enclosure Subject to Section 9528
Visibility Subject to Sections 9520 and 9534
Wireless
communication facilities
Subject to Section 9426
Notes:
a A mezzanine may be permitted in the C-1 Zone provided it does not exceed 30% of the square footage of the ground floor area. b When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24. c Parking not permitted in the front or street side setbacks. d Major streets are defined as major, primary, and/or second arterials, as identified in the General Plan.
e Side setbacks shall be five feet for the first and second floors; 10 feet for the third and fourth floors; and 15 feet for the fifth floor.
NA = Not Applicable
NR = No Requirement
(b) General Development Standards.
(1) Conduct of Uses. All uses shall be conducted entirely within a completely enclosed building, except for off-street parking and loading facilities.
Businesses which require an open sales, service, and/or display area may be permitted modifications from this requirement when approved by the City Planner Director. In the C-2, C-3, and C-M Zones, outdoor activities and storage uses shall be screened from the public view by a solid decorative masonry wall or opaque ornamental fence not less than seven feet in height.
No chain-link fences are allowed. Displays and storage shall not exceed the height of the permitted fence.
(2) Outdoor Dining. Notwithstanding the provisions of Section 9314.06(B)(1), restaurants, cafés, coffee establishments, and other eating establishments may have an outdoor eating/dining area, subject to approval of a Minor Attachment C
Conditional Use Permit Site Plan Review by the City Planner Director.
Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than 42 inches in height that does not impede pedestrian movement, ADA access, or access to adjacent properties (Figure 9.3.4). No chain-link fences are allowed. (3) Landscaping. At least 10% of the total developed portion of the site in every Commercial Zone shall be devoted to landscaping as defined herein. At least 5% of the required landscaping shall be in the parking areas. Landscaping is required in front and street side yards in all Commercial Zones. Specific landscaping requirements are set forth in Section 9520 of this article.
Figure 9.3.4 Outdoor Dining
(4) Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in all Commercial Zones in accordance with the provisions of Section 9820.
SECTION 22. Section 9316.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9316.06. MIXED-USE ZONE PROPERTY DEVELOPMENT STANDARDS. (a) Specific Development Standards. Table 9.3.8 identifies the development standards for the Mixed-Use Zone.
Table 9.3.8. Mixed-Use Zone Property Development Standards Development
Standard MU Zone
Lot area -
minimum (square
feet)
7,500
Lot width - NR
Attachment C
minimum (feet)
Lot depth -
minimum (feet)
NR
Floor area ratio 4.0
Residential density
- maximum
24 du/ac
Building height -
maximum (feet)a
75 feet or 5 stories,
whichever is less
Yard setbacks -
minimum (feet)
front NR
rear
abutting a
residential zone
20 abutting
nonresidential
zone
NR
side
interior
abutting a
residential zone
20 abutting a
nonresidential
zone
NR
street NR
Building
separation -
minimum (feet)
NR
Air conditioning,
mechanical roof
and utility
equipment
Subject to Section 9504
Environmental
protection
standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of
Chapter 10 of Article IV of
this Code
Landscaping,
lighting, and walls
Subject to Section 9520
Nonconforming
uses, lots, and
structures
Subject to Section 9410
Off-street parking
and loading
Subject to Chapter 7
Attachment C
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash enclosure Subject to Section 9528
Visibility Subject to
Section 9520 and 9534
Wireless
communication
facilities
Subject to Section 9426
Notes:
NR = No Requirement
du/ac = dwelling unit per acre
a When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24. (b) General Development Standards.
(1) Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in the Mixed-Use Zone in accordance with the provisions of Section 9820.
(2) Transparency.
i. For ground floor retail uses, a minimum of 60% of the street-facing building façade between two feet and eight feet in height must be composed of clear windows that allow unobstructed views of indoor space or product display areas.
ii. The bottom of any window or product display window used to satisfy the transparency standard may not be more that than three feet above the adjacent sidewalk.
(3) Doors and Entrances.
iii. Buildings shall have a primary entrance door facing a public sidewalk.
Entrances at building corners may be used to satisfy this requirement. iv. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses. (4) Conduct of Uses. Businesses which require an open sales, service, and/or display area may be permitted subject to approval by the City Planner Director.
Outdoor activities and storage uses shall be screened from the public view by a solid decorative masonry wall or opaque ornamental fence not less than seven feet in height. No chain-link fences are allowed. Displays and storage shall not exceed the height of the permitted fence.
(5) Outdoor Dining. Notwithstanding the provisions of the preceding paragraph, restaurants, cafes, coffee establishments and other eating establishments may have an outdoor eating/dining area, subject to approval of a Site Plan Review by the Commission. Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than 42 inches in height that does not impede pedestrian movement, ADA Attachment C
access, or access to adjacent properties. No chain-link fences are allowed. (6) Open Space. Residential mixed-use development shall provide open space in accordance with the provisions of Section 9312.08(B)(8). Green roofs, plazas, and courtyards may partially fulfill open space requirements as determined appropriate by the Commission through the Site Plan Review process in accordance with the provisions of Section 9820.
SECTION 23. Section 9318.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9318.06. MANUFACTURING ZONES PROPERTY DEVELOPMENT STANDARDS. (a) Specific Development Standards. Table 9.3.10 identifies the development standards for all of the Manufacturing Zones.
Table 9.3.10. Manufacturing Zone Property Development Standards Development
Standard
Zone
M-1 M-2
Lot area - minimum
(square feet)
20,000 40,000
Lot width - minimum
(feet)
NR NR
Lot depth - minimum
(feet)
NR NR
Lot coverage -
maximum (percent)
NR NR
Building height -
maximum (feet or
stories, whichever is
less)a
45 feet or 3 stories 45 feet or 3 stories
Yard setbacks -
minimum (feet)
front 10 10
rear
abutting a residential
zone
46 46
abutting
nonresidential zone
20 20
side
interior
abutting a residential
zone
46 46
abutting a
nonresidential zone
NR NR
street 10 10
Attachment C
Building separation -
minimum (feet)
20 20
Air conditioning,
mechanical roof, and
utility equipment
Subject to Section 9504
Environmental
protection standards
Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping,
lighting, and walls
Subject to Section 9520
Nonconforming uses,
lots, and structures
Subject to Section 9410
Off-street parking
and loading
Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash enclosure Subject to Section 9528
Visibility Subject to Sections 9520 and 9534
Wireless
communication
facilities
Subject to Section 9426
Vibration Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located. Subject to Section 9516.
Radioactivity and
electrical
disturbances
Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary lines of the property upon which the device is located.
Fire and explosion
hazards
All storage of, and activities involving, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices to the standards of the Fire Department. All incineration shall be prohibited. See Section 9518 of this article for fireworks.
Notes
a When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.
NR = No Requirement
(b) General Development Standards.
(1) Conduct of Uses. All uses shall be conducted entirely within a completely enclosed building. Outdoor activities and storage may be permitted provided such activities and storage are screened from the public view by a solid decorative masonry wall or opaque ornamental fence which shall not exceed Attachment C
10 feet in height. Such uses shall not extend above the wall or fence. No chain- link fences are allowed. Businesses which require open sales and display areas may be permitted modifications from this requirement when approved by the City Planner Director.
(2) Outdoor Storage. The outdoor storage of materials, products, waste products, and construction materials shall be prohibited between the front of the principal building or buildings and the public street which abuts the principal building or buildings. Any such exterior storage elsewhere on the property shall be screened by fencing or landscaping treatment in such a manner that such storage shall not be visible from any abutting Residential or Commercial Zone, public street, or public land. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may migrate or be transferred off the lot by natural causes or forces. Wastes which might cause fumes or dust, which constitute a fire hazard, or which may be edible by, or otherwise be attractive to, rodents or insects shall be stored only in closed containers in required enclosures.
(3) Showrooms. Warehouses are permitted to have showrooms and customer display areas, provided the showroom or display area does not exceed 10% of the gross floor area of the tenant space.
(4) Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in all Manufacturing Zones in accordance with the provisions of Section 9820.
SECTION 24. Section 9324.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9324.04. APPLICABILITY.
(a) A PUD may be located in any zone. The zone with which the Planned Unit Development Overlay Zone is combined shall be the base zone. The PUD Overlay Zone shall be shown on the Zoning Map by adding PUD to the zone (e.g., R-2 (PUD), R-3 (PUD), etc.).
(b) Whenever any PUD application encompasses more than one base zone, the following shall apply:
(1) The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone;
(2) The City Planner Director may allow intermixing of development and use standards between zone boundaries if the development standards and the permitted uses do not exceed those which would be permitted if the land area of each zone were developed separately.
(c) Where a conflict in regulations occurs, the regulations specified in this section shall apply.
SECTION 25. Section 9326.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9326.04. APPLICABILITY.
(a) The Biomedical Overlay Zone, and the standards contained in this section, shall apply to all areas designated on the Official Zoning Map as being within the Biomedical Attachment C
Overlay (BIO) Zone, except for any zones not comprised of Commercial or Manufacturing Zones.
(b) Whenever any proposed development application for a new, primarily biomedical development encompasses more than one base zone (consisting of Commercial and Manufacturing), the following shall apply:
(1) The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone;
(2) Through the Site Plan Review process, the City Planner Director may allow the application of development and use standards for any zone covering a portion of the proposed development in any other zone covering other portion of the proposed development if the entire development's F.A.R. and occupancy do not exceed those which would be permitted if the land area of each zone were developed separately.
(c) Where a conflict in regulations occurs, the regulations specified in this section shall apply.
SECTION 26. Section 9326.12 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9326.12. APPLICATION REVIEW.
The following review processes shall be modified to expedite the permitting and licensing process for new biomedical developments and businesses. The expedited processes listed below shall apply to all applications for development of projects intended to be primarily occupied by biomedical businesses or the establishment of biomedical businesses located in the Biomedical Overlay Zone. The application of these expedited processes shall be at the discretion of the City Manager, or designee. The process expedited to encourage biomedical uses shall be as follows:
(a) Conditional Use Permits.
(1) Within 60 days of a Conditional Use Permit application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body.
(2) The timeframes specified for the voiding of a Conditional Use Permit due to non-commencement of the use shall be extended by one year. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body.
(b) Site Plan Review.
(1) Within 60 days of a Site Plan Review application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body.
(2) The timeframes specified for the voiding of a Site Plan Review shall be extended by one year automatically upon the expiration of an approved Site Plan Review. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body.
(c) Business Licenses.
Attachment C
(1) Upon application of a business license for a business which meets the definition of "biomedical use" according to this code, an Economic Development Division staff member shall be assigned to assist in the coordination of all necessary on-site inspections required by the various City Departments (i.e. Building, Fire, and Planning).
(2) At the discretion of the City Planner Director, the City may not require an existing building to correct nonconformities when occupancy by a new biomedical use or expansion of an existing biomedical use is proposed. (d) Building Permits.
(1) For all building permit applications for a biomedical use, as defined in this code, the City shall waive the General Plan Revision fee of 0.2% of the building's valuation.
(2) The initial Building Permit plan check fee shall include four reviews and shall not exceed 75% of the adopted Building Permit Fee Schedule. (3) The City shall reduce the typical Building Permit plan check review timeframes by two days for each of the first two plan check reviews.
SECTION 27. Section 9404.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9404.06. DEVELOPMENT STANDARDS.
(a) Lot Area. A minimum lot area of 20,000 square feet. For lots with multiple tenant uses, a minimum of 20,000 square feet shall be provided for the portion of the lot devoted to the sale of used vehicles. A modification of the minimum area requirement, not to exceed 10%, may be granted at the discretion of the Commission. (b) Street Frontage. A minimum street frontage of 60 feet. For lots with multiple tenant uses, a minimum street frontage of 60 feet shall be provided for the portion of the lot devoted to the sale of used vehicles.
(c) Lot Coverage. A maximum of 50% of the lot, or portion of lot devoted to the sale of used vehicles, shall be used for vehicle display.
(d) Landscaping. A landscape planter, not less than 10 feet wide, shall be provided along the front and side street lot lines. Specific landscaping requirements shall be in accordance with Section 9520.
(e) Customer and Employee Parking. Customer and employee parking areas shall be easily accessible and located separately form vehicle display areas. Ground markings and signs shall clearly indicate the location of customer and employee parking.
(f) Public Address System. No public address systems or other exterior amplified sound systems shall be permitted.
(g) Decorative Bollards or Wrought Iron Fences. Decorative bollards or wrought iron fences may be provided along public rights-of-way. Said bollards or fences shall not be located in the required setback and require approval of the City Planner Director.
SECTION 28. Section 9406.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
Attachment C
§ 9406.06. APPROVALS.
(a) The Commission shall not grant any Conditional Use Permit for a drive-in business unless the Commission finds that:
(1) The proposed use complies with all the requirements set forth for the issuance of a Conditional Use Permit;
(2) The proposed use will not substantially increase vehicular traffic on any street in a residential zone;
(3) The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by interfering with pedestrian traffic; and (4) The proposed use will not create increased traffic hazards to pedestrians when located near a school, church, auditorium, theater, or other place of assembly.
(b) The site plan of development to be submitted for review shall include all necessary information as requested by the City Planner Director.
SECTION 29. Section 9408.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9408.06. REQUIRED PERMITS.
No person shall commence or carry on a home occupation in any residential zone, or mobile home/manufactured home park regardless of the zone, without first having procured a permit from the City Planner Director.
(a) The City Planner Director may issue a permit in conformance with the requirements of Sections 9408.08, and 9814 of this article and impose such conditions as are deemed necessary to protect the best interests of the community. (b) No permit issued shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.
(c) Any permit issued may be suspended or revoked by the City Planner Director when it appears that any condition imposed by the City Planner Director pursuant to this article has been or is being violated, or when it appears that the home occupation authorized by the permit has been or is being conducted in violation of any State statute or City law, or in a disorderly manner, or to the detriment of the public, or when the home occupation being carried on is different from that for which the permit was issued.
(d) Permits shall be valid for one calendar year and may be renewed annually. (e) No permit shall be issued or renewed unless the proper fee, as set by Council resolution, is paid.
SECTION 30. Section 9408.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9408.08 CONDITIONS.
No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with the following conditions:
Attachment C
(a) Any person conducting a home occupation use shall have a current and valid business license pursuant to Article VI, Chapter 2 of this Code. (b) If the person conducting the home occupation is not the owner-of-record of the premises upon which the home occupation is being conducted ("premises"), written consent from the owner-of-record shall be required prior to the issuance of any permit for the home occupation.
(c) Home occupations shall only be authorized as accessory uses to a residential use and shall be clearly incidental and secondary to the use of the premises for residential purposes.
(d) The home occupation shall be conducted entirely and exclusively within the confines of the principal residential structure, except for horticulture activities which may be conducted outdoors. It is explicitly prohibited to utilize any garage or accessory structure except as authorized herein.
(e) No residential structure shall be built or altered for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized from the exterior of the residential structure as a place where a home occupation is conducted (by materials, construction, color, lighting, signs, sounds, noise, vibrations, etc.).
(f) The total floor area of the residential structure used for the home occupation (including for the storage of any material or equipment) shall not exceed the lesser of 10% or 250 square feet, other than for the parking of an automobile in accordance with the provisions of this section.
(g) No portion of any residential structure shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use.
(h) No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use. (i) No sign associated with the home occupation shall be displayed at the premises, and there shall be no advertising which can be construed as encouraging customers, clients, or the public to visit the premises.
(j) The address of the home occupation shall not be advertised in any advertisement, publication, or notice (including on social media), unless otherwise required by law.
Business cards and letterhead are not included in this requirement. (k) No employee or person other than a verifiable permanent resident of the premises shall be allowed to work, gather, or congregate on the premises in connection with the home occupation, with the exception of cottage food operations as defined in California Health and Safety Code Section 113758.
(l) Garages or carports, whether attached or detached, shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces, other than the parking or storage of an automobile in accordance with the provisions of this section.
(m) No merchandise, inventory, stock in trade, scrap, or other materials related directly or indirectly with or resulting from the operation of the home occupation may be stored at the premises. Administrative supplies and equipment necessary for the home occupation may be stored solely within the residential structure or garage, so Attachment C
long as such storage otherwise adheres to the provisions of this section. (n) No mechanical equipment, material, or other substance or object shall be used in conjunction with the home occupation which is not customarily used in a residence. (o) No storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas. Storage of any hazardous, toxic, or combustible materials must comply with all applicable laws and regulations. (p) The home occupation use shall not have utility services other than those required for normal residence use.
(q) Only one vehicle used in conjunction with a home occupation may be parked or stored at the premises subject to the following restrictions:
(1) The vehicle is registered with the California Department of Motor Vehicles to a permanent resident of the premises.
(2) The vehicle is of a passenger automobile variety or a light truck, not having a gross vehicle weight rating of more than 8,500 pounds or exceeding 20 feet in length or 80 inches in width or 80 inches in height. Any vehicle that is registered with the Department of Motor Vehicles as a commercial vehicle – or that otherwise constitutes a commercial vehicle as defined by California Vehicle Code Section260, and that is used in conjunction with a home occupation at the premises – is explicitly prohibited from being parked or stored on any portion of the premises, including within the garage. (3) The vehicle is parked inside of a lawfully constructed, fully enclosed garage structure.
(r) The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, other than delivery services which are normally to be expected to serve a residential neighborhood (e.g., United States Postal Service, United Parcel Service, Federal Express, etc.). (s) Noise generated by the home occupation shall not exceed that normally associated with residential use, and shall otherwise be subject to all other provisions of the Downey Municipal Code. No mechanical equipment shall be used if such equipment makes a noise that is perceptible beyond the boundaries of the premises. (t) Persons with documented physical disabilities may be permitted special review by the City Planner Director, by filing a written request for a waiver of one or more conditions, or a portion thereof. Such request shall specify the condition(s) being sought to be waived and the reason(s) therefor.
(u) The home occupation and that portion of the premises being utilized for the home occupation shall be in compliance with all applicable laws – including applicable building, plumbing, electrical, mechanical, and health codes and regulations. (v) All persons conducting or participating in the home occupation shall consent to and provide access for entry and inspections of the premises by any person responsible for the enforcement of this section or any other provision of law pertaining to the home occupation between the hours of 8:00 a.m. and 6:00 p.m. or any other hours during which the home occupation is being conducted, in order to verify compliance with the Home Occupation Permit, the provisions of this section, or any other law, rule, or regulation applicable to the home occupation and premises.
SECTION 31. Section 9408.10 of Article IX of the Downey Municipal Code is hereby Attachment C
amended to read as follows (new language underlined, deleted language in strikeout):
§ 9408.10. PROHIBITED HOME OCCUPATIONS.
The following uses shall not be permitted as a home occupation:
(a) Adult businesses;
(b) Animal hospitals or grooming facilities;
(c) Animal training;
(d) Automotive repair (including body or mechanical), upholstering, painting, detailing, and washing – including, but not limited to, motorcycles, trucks, trailers, recreational vehicles, all-terrain vehicles (ATVs), and trailers;
(e) Body art facilities;
(f) Cabinet making and carpenter shops;
(g) Contractor storage yards;
(h) Firearms manufacture, sales, or repair;
(i) Furniture refinishing or upholstery;
(j) Junkyards;
(k) Machine shop and tool repair;
(l) Personal services;
(m) Tow truck service;
(n) Welding or machine operation;
(o) Other uses as determined by the City Planner/Community Development Director to be similar to those listed above, or which, by operation or nature, are not incidental to or compatible with residential activities.
SECTION 32. Section 9410.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9410.06. CONTINUATION OF A NONCONFORMING USE OR LOT.
(a) The lawful use or occupancy of a use, building, or structure existing at the time this article or amendments thereto take effect may be continued provided there is no relocation of, alteration or addition to any use, building, or structure, nor any enlargement of area, space, or volume occupied by such nonconformity except as allowed in Section 9410.12.
(b) A legal nonconforming use shall not be changed to another use, except to a use permitted in the zoning district in which it is located. (c) Any legal nonconforming use that is discontinued for 180 days or more shall not be reestablished.
(d) The City Planner Director may extend the 180 day limit for reestablishing a nonconforming use if a property owner can demonstrate to the City Planner Director's satisfaction based on substantial evidence that the use has not been Attachment C
discontinued and that the reestablishment of the use is being diligently pursued or that a building permit for reconstruction, without alteration or enlargement, has been issued. The decision of the City Planner Director may be appealed to the Commission in accordance with Section 9806.
(e) A legal nonconforming use shall not increase in intensity or expand its activities. (f) Any lot which does not meet the minimum lot area, lot width, or lot depth for the zoning district in which it is located may be used or have a building or structure erected upon it, provided said use, building, or structure complies with the development standards for the underlying zoning district.
SECTION 33. Section 9410.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9410.08. ELIMINATION OF A NONCONFORMING USE OR STRUCTURE. (a) Discontinuance of a Nonconforming Use When No Structure Involved. In any zone the nonconforming use of land shall be discontinued within one year from the date of notification in accordance with the provisions of this section. the time limits specified in Section 941.0.06 (c), unless an exception is granted pursuant to Section 9410.06(d).
(b) Discontinuance of a Nonconforming Use of a Building or Structure. All nonconforming uses of a building or structure shall be discontinued within the time periods specified below, unless an exception is granted pursuant to Section 9410.06(d): In any zone, any nonconforming use, building, or structure may be ordered terminated by the Council within a period of time less than specified above upon a finding that such use constitutes a nuisance or a danger to the public health, safety, or general welfare that necessitates a lesser amortization period. (1) Type 1 Buildings (fire resistant) – offices, hotels, theaters, warehouses, lofts, stores, garages, and industrial: Twenty years after October 28, 2008. (2) Type 2 and Type 3 Buildings (heavy timber construction and ordinary masonry) – apartments, offices, hotels, residences having stores or offices below and apartments or offices above, warehouses, stores, garages, lofts, and factories and industrial buildings: Twenty years after October 28, 2008. (3) Type 4 and Type 5 Buildings (light incombustible frame and wood frame):
Twenty years after October 28, 2008. Single-family residences existing in the C-P Zone as of October 28, 2008 shall not be nonconforming buildings for the purposes of this section, so long as they are used for residential purposes. (4) All other buildings and structures, including all buildings or structures not previously set forth: Fifteen years after October 28, 2008. (5) All other uses, including uses not previously set forth: Ten years after October 28, 2008.
(c) Notification Procedures. The City Planner may determine those properties for which lawfully existing uses, buildings, or structures were rendered nonconforming by reason of adoption of this article and the Official Zoning Map. Written notice of the City Planner's determination of such nonconformity, the termination procedures, and requirements of this section shall be mailed to all owners of record and to the occupant of each such property.
(d) Exception Procedures. Within one year of the date of mailing of such notice under Attachment C
the provisions of Section 9410.08(C), any property owner, lessee with the consent of the owner, or purchaser of such property acting with the consent of the owner may apply to have such property excepted from the provisions of this Section as follows:
(1) Application Requirements. An exception from the requirements of this section shall be initiated by submitting an application to the City Planner. (2) Commission Action. The Commission shall hold a noticed public hearing in accordance with the procedures in Section 9804 within a reasonable time on each application for an exception from the termination requirements of this section. Following the hearing, the Commission may determine whether the use of the property on the date of adoption of this article is compatible with and not detrimental to the land uses designated in the General Plan for the surrounding area and properties, and may issue a certificate of exception.
The Commission may recommend such conditions as it may find necessary to ensure compatibility, including, but not limited to:
(i) Required improvement of or modifications to existing improvements on the property;
(ii) Limitations on hours of operations;
(iii) Limitations on the nature of operations; and
(iv) A specified term of years for which the exception shall be granted. (3) Appeal of Commission Action. The decision of the Commission may be appealed in accordance with Section 9806.
SECTION 34. Section 9410.12 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9410.12. ADDITIONS, ENLARGEMENT, AND REMODELS.
A legal nonconformity shall not be enlarged in volume or extended or relocated beyond the area it occupies. However, when a residential, commercial, or manufacturing building or structure established legally becomes nonconforming under the provisions of this article, specifically related to setbacks, lot size, or height limit, the structure may be enlarged or extended under the following provisions:
(a) All additions shall be constructed in a manner that is conforming to the provisions of this article.
(b) Notwithstanding the provisions of this chapter, where R-1 or R-2 zoned properties or R-1 or R-2 uses on R-3 zoned property are nonconforming solely because of insufficient required enclosed off-street parking, such nonconforming use, building, or structure may be expanded or enlarged provided such expansion or enlargement does not exceed 50% of the existing floor area of the principal dwelling and the applicant demonstrates to the satisfaction of the City Planner Director that such expansion or enlargement does not prevent the future establishment of required enclosed off-street parking.
(c) Any building that is proposed to be remodeled or renovated such that 50% or greater of any existing linear footage interior and exterior walls or existing square footage of floor area is demolished or removed within a two-year period, shall be considered as a new building and conform to all current development standards for that district.
SECTION 35. Section 9418.12 of Article IX of the Downey Municipal Code is hereby Attachment C
amended to read as follows (new language underlined, deleted language in strikeout):
§ 9418.12. OCCUPANCY.
Restrictions on occupancy on the basis of age shall be imposed on senior citizen housing developments subject to the following limitations:
(a) The owner of any senior citizen housing development constructed pursuant to the provisions of this section shall file a covenant with the City Planner Director for recording with the County Recorder, prior to issuance of a building permit, that states the building or buildings shall be used in perpetuity as residences for senior citizens and qualified residents, and that if such development is used for any other purpose, the owner shall cease the use of the building or buildings until they are remodeled or rebuilt to comply with the applicable provisions of this article for uses other than senior citizen housing.
(b) Conditions, covenants, and restrictions or other written documents pertaining to occupancy shall be approved by the City Attorney to ensure conformity with the provisions of this section.
(c) Conditions, covenants, and restrictions (CC&Rs) or other documents or written policy shall not limit occupancy, residency, or use on the basis of age more proscriptively than to require that at least one person residing in each dwelling unit be a senior citizen and that each other resident in the same dwelling unit be a qualified resident. (d) Upon the death, hospitalization, other prolonged absence of, or dissolution of marriage with, the resident senior citizen, a qualified resident shall be entitled to continue his or her occupancy of the dwelling unit for a period of up to one year. (e) Conditions, covenants, and restrictions or other written documents shall permit, as a guest of a senior citizen or qualified resident, temporary guest residency by a person less than 62 years of age for not less than 60 days in any calendar year. (f) Owners of senior citizen housing developments operated for rental purposes shall maintain an annually updated log that notes the senior citizen and any qualified residents in each unit. This log shall be made available to the City Community Development Department for review upon request.
SECTION 36. Section 9420.02 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.02. INTENT AND PURPOSE.
The intent and purpose of this section is to provide regulations for special events, including temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large (i.e., 150 or more people) neighborhood block parties events. This section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this article.
SECTION 37. Section 9420.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.04. REVIEW PROCESS.
(a) The City Planner Director has the authority to issue Special Event Permits pursuant to the procedures outlined for Administrative Permits in Section 9814, provided the following criteria are met and the application is consistent with any other applicable Attachment C
regulations in this article:
(1) The Special Event shall not exceed 30 thirty (30) days during any 12 twelve (12) month period, unless otherwise permitted in this section; (2) The property owner has authorized the special event in writing; (3) The application is submitted at least 30 forty-five (45) days prior to the scheduled activity; and
(4) A permit fee established by resolution of the Council shall be paid for each Special Event Permit.
(b) If an event is of a scale (e.g., large in area or number of persons) or involves a specific use activity that may result in extensive substantial potential, even temporary, impacts to the community (e.g. traffic, noise, proximity to sensitive uses, overlaps with City or other events that may impact emergency response times), the City Planner Director may use his/her discretion, and forward the Special Event Permit application to the Commission for their decision in accordance with Section 9804. (c) Events involving over 500 people shall require Commission approval. The Special Event Permit application shall be reviewed by the Community Development, Fire, Police, Public Works, and any other applicable Departments/Agencies and specific Conditions of Approval may be imposed. The event shall be required to comply with fire prevention standards, emergency access and safety requirements, and building and safety requirements, as specified by the appropriate Departments or Agencies.
SECTION 38. Section 9420.06 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.06. GENERAL REQUIREMENTS.
Except as otherwise specified in the section, the following general operational conditions shall apply to all special events for which a Special Event Permit is required:
(a) The City Planner Director shall prescribe the type and form of information required to process the Special Event Permit, in accordance with the provisions for Administrative Permits in Section 9814. Property owners within a radius of 100 feet of the exterior boundaries of the event site shall be notified 10days in advance of the event date, in accordance with Section 9814.06(e).
(b) Activities shall be restricted to that portion of property so designated on the a site plan.
(c) The applicant shall provide documentation to the City Planner Director with the application request, with a detailed plan of an approved site plan by the City Fire Department and Police Services describing how the event will be managed to ensure that it does not create for meeting public safety or community impacts requirements when applicable, which may include but is not limited to security plan, emergency operations plan, queuing plan, and on-site management plan with a letter of operation.
(d) The application shall be reviewed by the respective Departments to determine appropriate City Engineer shall review and conditions of approval approve regarding the site plan layout, regarding adequate parking and traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress, when applicable.
Attachment C
(e) Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum width of five feet).
(f) The site plan and all signs shall comply with this article and the specific design standards set forth in this section.
(g) Any sales activities shall be confined to the activity, and/or sale of the goods or services specified in the Special Event Permit only.
(h) The Special Event Permit shall specify the event's set-up dates and expiration date, and the removal date of all associated materials and site clean-up. (i) All temporary signs and other display materials placed in outdoor areas, as approved for the event, shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified in the Special Event Permit. (j) Sound systems are not permitted unless specifically approved as part of the Special Event Permit.
(k) Temporary signs associated with special events are permitted as provided in Section 9618.06 or as otherwise approved as part of the Special Event. (l) Additional conditions may be applied as determined by the City Planner Director (or Commission) as necessary to protect the public's health, safety, and welfare. (m) A Special Event Permit does not relieve an applicant from obtaining other permits or permissions as may be required by other county, state, or other agencies.
SECTION 39. Section 9420.08 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.08. SPECIAL CENTERWIDE EVENTS.
Special centerwide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center.
Commercial centers may conduct such events subject to the following requirements:
(a) Special centerwide events may be held up to three times a year over a maximum of three consecutive days per event. Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year. In no case shall the combined total of centerwide events plus individual sales for any business exceed six events during any calendar year.
(b) Events shall be subject to the approval of a Special Event Permit. Applications shall be submitted to the City Planner Director by the commercial center owner or manager.
(c) The application shall include provision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the Special Event Permit. The City may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.
(d) The application shall be reviewed by the City Fire Department and Police Department, and the event shall comply with fire prevention standards and emergency access requirements as specified by the Battalion Chief and Chief of Attachment C
Police. The City Planner Director may also submit the application to other agencies for review and approval of an event.
SECTION 40. Section 9420.10 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.10. TEMPORARY OUTDOOR SALES BY INDIVIDUAL BUSINESSES.
Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retail business, of merchandise that is normally displayed indoors at the same location as the outdoor sale. Temporary outdoor display and sales of merchandise may be permitted by the City Planner Director or his or her designee and are allowed in the C-1, C-2, C-3, C-M, and M-U Zones. Application for a Temporary Outdoor Display and Sales Permit shall be made on forms prescribed by the Planning Division and shall include a site plan indicating the proposed location of the display area. The following conditions apply to each permit:
(a) Outdoor sales shall only be permitted as an extension of an existing business and shall be conducted entirely on the site on which the business is located. (b) The display area shall not occupy more than 10% of the number of required parking spaces for the applicant's business.
(c) The display shall not encroach upon required driveways, or public rights-of-way, impede emergency vehicle access, or prevent access to any other business. (d) Sales area shall not block required building exits and shall maintain at least four foot wide aisles.
(e) No part of the display area shall be located within 100 feet of an adjoining residentially zoned property.
(f) No more than four temporary outdoor displays and sales shall be permitted in one calendar year per business unit, and shall not exceed 20 days accumulated total. (g) All signage shall be subject to Section 9618.06. (h) Temporary structures such as tents or buildings shall be subject to approval of the City Building Division and Fire Department.
SECTION 41. Section 9420.14 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.14. CHRISTMAS TREE AND PUMPKIN SALES FACILITIES.
The sale of Christmas trees and wreaths, and pumpkins may be permitted by the City Planner Director in any commercial or manufacturing zone subject to the following regulations:
(a) Dates of Operation. Christmas tree and pumpkin sales shall adhere to the following operation dates:
(1) Christmas tree sales facilities shall not open for business prior to the day after Thanksgiving and shall close no later than December 31. (2) Pumpkin sales facilities shall not open for business prior to October 1 and shall close no later than November 1.
(b) Merchandise to be Sold. Christmas tree and pumpkin sales are limited to the Attachment C
following:
(1) A Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. (2) A pumpkin sales facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. (c) Removal of Facility. Christmas tree and pumpkin sale facilities must meet the following removal regulations:
(1) Christmas tree sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within three (3) days after the closing date.
(2) Pumpkin sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within three (3) days after October 31.
SECTION 42. Section 9420.16 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.16. CERTIFIED FARMERS' MARKETS.
Certified farmers' markets may be permitted by the Council in any Commercial or Mixed-Use Zone subject to the provisions of this section. (a) Admissible vendors and products include the following:
(1) Agricultural Producers (Farmers and Fisherman).
(i) Certifiable Agricultural Products.
(A) These products include fresh fruits and vegetables, nuts in the shell, honey, eggs, nursery stock, and cut flowers.
(B) Product certification is made by the County Agricultural Commissioner in the county of production.
(C) Certifiable agricultural products can only be sold at the farmer's market by the producer who produced them, the
producer's employees, or the producer's immediate family. (ii) Non-Certifiable Agricultural Products.
(A) These products include dried fruits and vegetables, processed nuts, juices, jams, pickled or smoked agricultural products, live animals, livestock, aquaculture, viticulture and vermiculture. (B) These products may be dried, ground, roasted, juiced, smoked or otherwise altered in a one-stage process by a second party. (C) Canned foods are permitted if processed in an approved facility.
(D) Products in this category must have been grown, bred, raised, cultivated or collected upon land, which the producer controls. (2) Prepared Foods Producers (Non-Agricultural Products).
Attachment C
(i) Prepared foods producers may sell products which they have cooked, canned, preserved or otherwise treated.
(ii) Canned foods are permitted if processed in an approved facility. (iii) Prepared food products may not compete with products made by farmers from their own products.
(3) Commercial Sellers (Non-Agricultural Products).
(i) Commercial sellers may sell ethnic or specialty hot foods, which they prepare in a licensed kitchen and/or at their respective market spaces. (ii) Commercials sellers may also include anyone selling fresh or canned fish. The sellers are not required to have caught the fish offered for sale.
(4) Arts and Crafts Vendors (Non-Agricultural Products). (i) Artisans may sell original art, craftwork or handmade items, which they created, constructed or produced themselves.
(ii) Products must be of the highest quality, handcrafted, and may not be imported.
(iii) The reselling of arts and crafts products is not allowed. (5) Youth Oriented Vendors (Non-Agricultural Products). (i) These vendors may sell products and services of interest to young people. Such products or services shall involve active participation from young people.
(ii) Vendors in this category may include bounces, petting zoos, magicians, clowns, face painters, and puppet makers.
(6) Non-Profit Organizations and Community Information. Non-profit organizations and community information groups may distribute literature, and solicit signatures, volunteers and donations.
(7) Performing Artists.
(i) Performing artists may distribute literature and sell products showcasing the talents which they are demonstrating at the farmers' market.
(ii) Performing artists in this category may include musicians selling CDs and merchandise, martial artists distributing literature, and dancers selling videos.
(8) Local Businesses. Local businesses located in the City may be eligible to have a table at the farmers' market for the sole purpose of distributing literature about the service(s) or product(s) they sell. (9) Sponsors. Sponsors may only advertise, distribute literature and provide free samples and demonstrations of their products and services for the duration of their sponsorship period.
(b) The Commission and the Council on appeal shall have the authority to determine the admissibility of vendors and/or services and/or products for the farmers' market as Attachment C
necessary to protect the public's health, safety, and welfare. (c) Certified farmers' markets events are limited to one day per week for a maximum of eight hours per event.
(d) Operation of a certified farmers' market shall conform to all the provisions of this section which include, but are not limited to locations, security, water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, traffic control, and permits that may include building, electrical, health and tent.
(e) California Certified Farmers' Markets are operated in accordance with regulations established by the California Department of Food and Agriculture and must display a valid health permit.
SECTION 43. Section 9420.18 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.18. SPECIAL OUTDOOR EVENTS – NONRESIDENTIAL ZONE.
Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in outdoor facilities. Special outdoor events are permitted in all nonresidential zones provided the following requirements are met:
(a) General Requirements.
(1) Activities conducted on property owned by or leased to the City and on public road rights-of-way shall require an encroachment permit issued by the City Engineer.
(2) Events shall not exceed 10 ten (10) consecutive days and shall not occur more than four (4) times in a calendar year.
(3) Special outdoor events shall required require City Planner Director approval prior to the start of the event. Furthermore, a Special Event Permit shall be required for special outdoor events of 150 people or more, including spectators and participants.
(b) Applications. Applications for Special Event Permits shall be referred by the City Planner Director to other affected City departments or other public agencies as may be appropriate for review and comment.
Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Planner Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, and tent permits from other outside agencies. Required permits by outside agencies are the sole responsibility of the applicant.
(c) Cash Bond. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the Special Event permit.
(d) Liability Insurance. The applicant must provide proof to the City of minimum liability insurance in an amount determined by the City Attorney for the special event prior to Attachment C
approval of the special event.
(e) Notification. The City Planner Director may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the City Planner Director.
SECTION 44. Section 9420.20 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.20. SPECIAL OUTDOOR EVENTS – RESIDENTIAL ZONES OR LAND USES.
Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious, or entertainment events and neighborhood or community gatherings in outdoor facilities where vehicular traffic on any public right-of- way would be impeded by the event.
Special outdoor events are permitted in all residential zones subject to the following requirements:
(a) General Requirements.
(1) Activities conducted on property owned by or leased to the City or on public rights-of-way shall require an encroachment permit issued by the City Engineer.
(2) Events shall not exceed three (3) consecutive days and shall not occur more than four times in a calendar year.
(b) Applications. Applications for permits or certificates required by this section shall be referred by the City Planner Director to other affected City departments or public agencies as may be appropriate for review and comment.
Issues, including but not limited to police and security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Planner Director or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, tent, encroachment, and other permits.
Required permits by outside agencies are the sole responsibility of the applicant. (c) Cash Bond. A cash bond or other guarantee shall be posted with the City for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.
(d) Liability Insurance. The applicant must provide to the City proof of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the event.
(e) Notification. The City Planner Director may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the City Planner Director.
SECTION 45. Section 9420.22 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9420.22. GARAGE, YARD, MOVING, AND ESTATE SALES.
Attachment C
Upon the issuance of a permit by the City Planner Director, garage, yard, moving, or estate sales are allowed in the garage, driveway, and/or front yard or setback areas of a dwelling unit in the R-1, R-2, R-3, or R-3-O zones. Garage, yard, moving, and estate sales include the display of personal household goods for sale.
Garage, yard, moving, and estate sales shall be permitted as temporary accessory uses in residential zones subject to the following regulations:
(a) Application. An application to conduct a garage, yard, moving, or estate sale shall be made to the City Planner Director provided on forms provided by the City Planner Director available at the City.
(b) Fee. Such applicant shall pay a fee as determined by the Council Resolution for each permit at the time of issuance.
(c) Sale Frequency.
(1) Garage, yard, or moving sales may be conducted a maximum of two times per calendar year per residence and may not be conducted for more than two consecutive days or three days on extended national holidays. Inclement weather may extend the period of time equal to the days lost. (2) Estate sales may be conducted a maximum of 10 ten (10) days per calendar year per residence and may not be conducted on more than two consecutive weekends.
(d) Hours. The hours of the garage, yard, moving, and estate sales shall be no earlier than 7:00 a.m. and no later than 8:00 p.m.
(e) Sale Area.
(1) Garage, yard, and moving sales areas shall be confined to the garage and the driveway area within the front setback area. Where no driveway exists, one-half (½) of the property width in the front setback area may be used for the sale of merchandise.
(2) Estate sales shall only include sale of household goods inside the dwelling unit.
(3) No item for sale shall obstruct the public right-of-way. (f) Prohibitions. It is unlawful for any person to exchange, barter, trade, or sell any of the following at a garage, yard, moving, or estate sale: firearms, ammunition, or explosives; undomesticated animals and livestock; any item of personal property from which the serial number has been removed; or any other item prohibited by City, county, state, or Federal law. Additionally, outside consignments and lot purchases and the like shall not be permitted.
(g) Estate Sales. Estate sales shall only be conducted by a duly licensed and bonded liquidation company. The amount of bond shall be as determined by the City Planner Director.
SECTION 46. Section 9424.04 of Article IX of the Downey Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout):
§ 9424.04. GENERAL STANDARDS.
All temporary uses and structures shall meet the following general requirements, unless Attachment C
otherwise specified in this section:
(a) The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare. (b) The temporary use shall not have substantial adverse noise impacts on nearby residential uses.
(c) Fencing and screening shall be required, and reviewed and regulated as part of the Temporary Use of Land permit.
(d) Permanent alterations to the site are prohibited. (e) If the property is developed, the site of the temporary use shall contain an area that supports the temporary use without encroaching into or creating a negative impact on existing buffers, open space, landscaping, pedestrian and vehicular traffic movements (including emergency vehicle access), and parking space availability. (f) If the property is undeveloped, the site of the temporary use shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers. (g) Temporary structures shall be located so as to not interfere with the normal operations of any permanent use located on the property. (h) The temporary use shall not violate any applicable conditions of approval that apply to the main use on the site.
(i) Off-street parking shall be adequate to accommodate the proposed temporary use. (j) All approved temporary signs associated with the temporary use shall be removed when the activity ends.
(k) All inspections and permits required by applicable construction codes shall be obtained.
(l) Any temporary use or structure, which will be utilized for longer than 90 days, may be reviewed for aesthetic impacts by the City Planner Director. (m) Any temporary use or structure shall provide on-site, ADA accessible, sanitary restroom facilities.
(n) All temporary structures shall be approved through a Temporary Use of Land Permit in accordance with the procedures in Section 9814, unless otherwise approved in accordance with the procedures in Section 9420 and Special Event Permit procedures in Section 9814.