Chapters 1 through 8 of Article IX of the Downey Municipal Code
shall be known, and referred to, as "The Comprehensive Zoning Ordinance
of the City of Downey." The short form of the same shall be "Zoning
Ordinance." The Zoning Ordinance is adopted as a means for implementing
the adopted General Plan of the City.
(a)
The purpose of this article is to consolidate and coordinate all
existing zoning regulations and provisions into one comprehensive
zoning ordinance in order to designate, regulate, and restrict the
location and use of buildings, structures, and land for residence,
commerce, trade, industry, or other purposes; to regulate and limit
the height, number of stories, and size of buildings and other structures
hereafter erected or altered; to regulate and determine the size of
yards and other open spaces; and to regulate and limit the density
of population and, for said purposes, to divide the City into zones
of such number, shape, and area as may be deemed best suited to carry
out these regulations and to provide for the administration of said
regulations and to provide for their enforcement.
(b)
Further, such regulations are deemed necessary to encourage the most
appropriate use of land; to conserve and stabilize the value of property;
to provide adequate open spaces for light and air and to prevent and
fight fires; to prevent the undue concentration of population; to
lessen congestion on streets; to facilitate adequate provisions for
community utilities and facilities, such as transportation, water,
sewerage, schools, parks, and other public requirements; and to protect
and promote the health, safety, and the general welfare, all in accordance
with the comprehensive General Plan of the City.
(a)
The Council hereby declares that due and careful consideration has
been given to the suitability of each and every zone and their applicable
regulations and that these regulations are found to best serve the
above purposes. The Council further finds that these regulations are
in the public interest and that due and careful consideration has
been given to the relationship between these regulations and the General
Plan of the City.
(b)
The Council further finds that the property development standards
included in this article are necessary to preserve the community health,
safety, and general welfare; to ensure adequate levels of light, air,
and density of development; to maintain and enhance the locally recognized
value of community appearance; to promote the functional compatibility
of uses; to promote the safe and efficient circulation of pedestrian,
bicycle, and vehicular traffic; and to encourage the development of
property in such a manner as not to adversely affect the use and enjoyment
of adjoining lands.
The provisions of this article shall be applicable to private
persons, public agencies, and organizations to the full extent that
such provisions may be enforceable in connection with the activities
of any such public agencies or organizations.
(a)
No building, structure, or lot shall hereafter be used or occupied,
and no building or part thereof shall be erected, moved, or altered,
unless in conformity with the regulations specified in this article
for the zone in which such building, structure, or lot is located
and then only after securing all permits and licenses required by
law and ordinances.
(b)
No building or structure shall hereafter be erected or altered to
exceed the height; to accommodate or house a greater number of families;
to occupy a greater percentage of lot area; or to have narrower or
smaller rear yards, front yards, or side yards than is specified in
this article for the zone in which such building or structure is located.
(c)
No part of a yard or other open space required for one building to
comply with the provisions of this article shall be included as a
part of a yard or other open space similarly required for another
building.
This article is adopted pursuant to Article XI Section 7, of
the Constitution of the State of California and in compliance with
the requirements of Title 7 of the Government Code, Planning and Zoning
Law, as may be subsequently amended by the State of California, for
the purpose of promoting the public health, safety, and general welfare.
The City Planner 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 under other laws and ordinances, City
regulations, and administrative provisions:
(a)
The City Planner shall have the authority and responsibilities described
and illustrated in Chapter 8 and anywhere else the City Planner is
identified within the Downey Municipal Code.
(b)
The City Planner's authority and responsibility may be delegated
through deputies or assistants appointed by the City Planner for such
purpose. Therefore, any time the term "City Planner" is used in this
article, it shall mean "City Planner or designee."
(c)
The City Planner 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 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 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.
The Commission's 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 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.
The Council's authority is derived from Article V of The Charter
of the City of Downey. With respect to this article, the Council shall
have the authority and responsibilities described and illustrated
in Chapter 8, and anywhere else the Council is identified within the
City of Downey Municipal Code as follows:
(a)
The Council's primary function is to establish land use policies
and regulations and to consider various project applications and Commission
recommendations.
(b)
The Council has the authority to approve, approve with conditions
or modifications, or disapprove certain applications as identified
in Chapter 8.
(a)
Effective Date. Chapters 1 through 8 of this article
shall take effect and be in force 30 days after the date of adoption.
(b)
Effect/Scope of Provisions. The provisions of this article
governing the use of land, buildings, and structures; the size of
yards abutting buildings and structures; height and bulk of buildings;
standards of performance; and shall apply to all lands within the
City's jurisdiction.
(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 to ascertain all pertinent facts and set forth the
finding and interpretation. Unless such finding and interpretation
is appealed to the Commission pursuant to Section 9806, the City Planner'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.
Should any section or provision of this article be declared
by any court to be invalid or unconstitutional, such decision shall
not invalidate any other section of this article. All other sections
or provisions of this article shall continue to be separate and fully
effective, and the application of any such section or provision to
other persons or situations shall not be affected.
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.
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.
The complete discontinuance of any nonconforming use where
no building or structure is involved or the complete discontinuance
and removal of a nonconforming building or structure.
Having a common border, boundary point, or lot line. Same
as "Adjoining" and "Contiguous."
An attached or a detached residential dwelling unit, which
provides complete independent living facilities for one or more persons
and includes permanent provisions for living, sleeping, eating, cooking,
and sanitation on the same parcel as the single-family dwelling unit
it is accessory to, and is located on a fixed or permanent foundation.
The term "ADU" captures and supersedes the terms "Second Unit Developments"
under the Municipal Code and any adopted Development Code of a Specific
Plan or Community Plan.
A use incidental and subordinate to the principal use of
the premises, which does not alter the characteristics of the use
considered as a whole and as related to other uses permitted in the
same zone.
Forty-three thousand, five hundred sixty (43,560) square
feet of land area.
The total area of a site including all private and public
streets, alleys, etc., expressed in square feet divided by forty-three
thousand, five hundred sixty (43,560) square feet.
The area remaining on a site, once the square footage for
public or private streets and alleys has been subtracted.
Americans with Disabilities Act of 1990, as it may be amended
from time to time.
Lying near or close to within 100 feet, including across
a street or alley.
See "Abut or Abutting."
Any department; employee; or advisory, elected, or appointed
body that is authorized to administer any provision of this article.
Adult dogs or cats shall mean animals of either sex, altered
or unaltered, which have reached the age of four months.
A sales price that results in average monthly housing cost
including average mortgage loan principal and interest over the term
of the loan, mortgage insurance, property taxes and property assessments,
homeowners insurance, homeowners association dues, if any, and all
other dues and fees assessed as a condition of property ownership,
which does not exceed: (1) 30% of 30% of area median income for extremely
low-income households; (2) 30% of 50% of area median income for very
low-income households; (3) 30% of 70% of area median income for lower-income
households; and (4) 35% of 110% of area median income for moderate-income
households. Area median income shall be adjusted for assumed household
size based on unit size as follows: one person in a studio unit, two
persons in a one bedroom unit, three persons in a two bedroom unit,
four persons in a three bedroom unit, five persons in a four bedroom
unit, and six persons in a five bedroom unit. The Council, by resolution,
shall establish guidelines for determining affordable ownership cost.
Monthly rent, including a reasonable allowance for garbage
collection, sewer, water, electricity, gas and other heating, and
cooking and refrigeration fuels, and all mandatory fees charged for
use of the property, which does not exceed (1) 30% of 30% of area
median income for extremely low-income households; (2) 30% of 50%
of area median income for very low-income households; (3) 30% of 60%
of area median income for lower-income households; and (4) 30% of
110% of area median income for moderate-income households. Area median
income shall be adjusted for assumed household size based on unit
size as follows: one person in a studio unit, two persons in a one
bedroom unit, three persons in a two bedroom unit, four persons in
a three bedroom unit, and five persons in a four bedroom unit. The
Council, by resolution, shall establish guidelines for determining
affordable rent.
Any contrivance, now known or hereafter invented, for use,
or designed for, navigation or flight in the air.
Any area of land or building used, or intended to be used
for the landing and taking off of aircraft and any appurtenant areas
used, or intended for use, for airport buildings or other airport
facilities or rights-of-way, together with all airport buildings and
facilities.
A public right-of-way, other than a street, which affords
a secondary means of access to abutting property as determined by
the City Engineer.
Permitted. See "Permitted."
The use of modes of transportation other than the single-passenger
motor vehicle, including, but not limited to, carpools, vanpools,
buses, buspools, public transit, walking, and bicycling.
A change in the terms and provisions of this article or a
change in the zone boundaries or zone classifications upon the Official
Zoning Map.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves and shall include devices having active elements extending in
any direction and directional beam-type arrays having elements carried
by and disposed from a generally horizontal boom, which may be mounted
upon, and rotatable through, a vertical mast interconnecting the boom
and a support for the antenna.
Any freestanding structure or device used to support one
or more antennas and which is affixed to the ground or any existing
structure.
A room, or combination of rooms, including bathroom and kitchen
facilities, in a multiple-unit building and occupied by not more than
one family per dwelling unit.
A request by a project applicant or other qualified individual
or agency for a City body to modify, reconsider, or reverse a decision
rendered by a subordinate City body or City staff.
Those persons or entities filing appeals, paying fees, where
required, and complying with procedural requirements in this article
to complete an appeal.
Any person, firm, or corporation requesting approval of any
land use, development, or improvement application, or similar entitlement
regulated by the Downey Municipal Code.
A roofed passageway or lane, typically with shops located
on one or both sides (see Figure 9.1.1).
 Figure 9.1.1. Arcade, Architectural
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Any premises where there is maintained one or more machines,
devices, apparatuses, or contrivances designed for individual viewing
and used to show still or motion pictures and which is customarily
open to the general public. For the purposes of this chapter, "movie
arcade" shall not include a theater.
Any place or premises that has within its confines five or
more amusement devices where games or activities requiring skill or
chance may be played. This includes but is not limited to pinball,
video games, computers or virtual reality devices (electronic or not)
that are operated by any form of payment or rented for periods of
time. This definition excludes any adult arcade associated with any
adult business or adult uses defined in Section 9402.
Any projection which is not intended for occupancy and which
extends beyond the face of an exterior wall of a building, but shall
not include signs.
The annual median income for Los Angeles County, adjusted
for household size, as published periodically in Title 25, Section
6932, California Code of Regulations, or an alternative figure as
adopted by the Council.
Unless otherwise noted, article shall mean Article IX –
Land Use, of the Downey Municipal Code, which is composed of Chapters
1 through 8 – Zoning ("The Comprehensive Zoning Ordinance of
the City of Downey"), and Chapter 9 – Subdivision Regulations.
The receiving, parking, and delivering of motor vehicles
upon any premises solely by an employee of the owner or occupant of
the premises as a service to those desiring to park on such premises.
An unfinished space between the top floor of a structure
and the roof. The attic shall only be used for storage or to contain
mechanical equipment.
See "Sign, Changeable Copy."
An open area, other than a street, used for the display,
sale, or rental of new or used automobiles or trailers and where no
repair work is done, except minor incidental repairs of automobiles
and/or trailers to be displayed, rented, or sold on the premises.
An off-street permanently maintained space readily accessible
to a street or alley and so located and arranged to permit parking
for a passenger automobile of average size.
The dismantling or wrecking of used motor vehicles or trailers
or the storage, sale, or dumping of dismantled, or partially dismantled,
obsolete, or wrecked vehicles or their parts.
(Amended by Ord. 1248, adopted 7-28-09; Ord. 1394, adopted 5-22-18)
An unenclosed area either recessed or projected from the
walls of a building. Balconies are 30 inches or more above grade,
are attached to and supported primarily by the exterior wall of the
building, are accessible from the building's interior, and are unenclosed
on one or more sides except for a railing or parapet that is not greater
than 60 inches high. A balcony is not an accessory structure.
Balloons shall refer to any of the following:
Decorative Balloon Displays.
Balloon arches, columns, and tethered strings of balloons
composed of nonmetallic balloons, each individual balloon being 12
inches or less in diameter.
Inflatables.
Any captive nonmetallic inflatable object such as a balloon
larger than 12 inches in diameter, an inflatable statuary, or a hot
air balloon.
An alcohol sales establishment where the primary use is the
sale and on-site consumption of alcoholic beverages and where secondary
uses may include food service. The premises may contain a counter
upon and over which alcoholic beverages, such as beer, wine, and distilled
spirits are served.
A portion of the building located entirely or partially below
grade level. Basements shall be considered a floor when built above
grade for more than 12 inches.
See "Sign, Outdoor Advertising."
A land use associated with medical, technological, or biological
research, analysis, testing, and manufacturing of medical products,
equipment or related items. Such uses generally consist of the following:
(1) medical device or prosthesis prototype fabrication; (2) production
requiring advanced medical and biological technology and skills and
directly related to medical research and development activities on
the premises; (3) manufacturing of biochemical research and diagnostic
compounds to be used primarily by universities, laboratories, hospitals,
and clinics for scientific research and developmental testing purposes;
(4) production of experimental medical, biochemical, or biotechnological
products; (5) development of biomedical-device related production
or operating systems to be installed and operated at another location,
including manufacturing of products necessary for such development;
(6) manufacturing of biological, biomedical, biotechnological, and
pharmaceutical products; (7) manufacturing of scientific, engineering,
and medical instruments; (8) research and development, and manufacturing
of artificial intelligence-based devices, electronic components, software
programs, and similar products, for medical applications.
Both sides of a street, between two consecutive intersections,
or an intersection and a cul-de-sac or street terminus.
See "Rooming House."
Body piercing, tattooing, branding, or application of permanent
cosmetics as each of these terms are defined in California Business
and Professions Code Section 119301, as that section may be amended
from time to time.
A strip of land established to separate incompatible zones
or uses.
That portion of a lot which may be occupied by buildings
or structures, but not including front, side, or rear yards or street
setback areas, or the portion of such lot where other regulations
prohibit the occupation of buildings or structures.
Any structure built for the support, shelter, or enclosure
of persons, animals, belongings, or property of any kind and having
a roof supported by columns or walls and attached to the ground.
A detached building for which use is subordinate to and incidental
to that of the main building on the same lot. The accessory building
may include a garage, carport, playhouse, hobby shop, cabana, accessory
living quarters or guesthouse, greenhouse, garden tool house, and
other similar buildings.
Any structure not directly attached to the principal dwelling
that is customarily incidental to a residence which does not change
the character of the residential use and/or household. Accessory buildings
may include, but are not limited to, a garage, carport, guest house,
playhouse, accessory living quarters, greenhouse, storage shed, covered
patios, and other similar structures. The term is used interchangeably
within this article with the term "Accessory Structure".
A building separated on all sides from the abutting open
space, or from other buildings or other structures, by a permanent
roof and exterior walls, pierced only by windows and entrance and
exit openings.
That portion of a main building most nearly parallel to a
street or parking area.
The vertical distance measured from the street curb level
to the highest point of the coping of a flat roof, or to the highest
point of a mansard roof, or to the highest gable of a pitch or a hip
roof (see Figure 9.1.2).
 Figure 9.1.2. Building Height
|
The principal structure on the property and the building
in which is considered a principal use of the lot upon which it is
situated. Every dwelling (except an ADU or guesthouse) in a residential
zone is a main building.
A land area consisting of one or more parcels of land under
common ownership or control, including all yards, parking spaces,
and other open spaces required by this chapter.
The overall magnitude or largeness of the aggregate sizes
and/or shape(s) of a building, particularly in comparison to the visible
overall magnitude or largeness of adjoining buildings.
A vehicle carrying 16 or more passengers commuting on a regular
basis to and from work with a fixed route, according to a fixed schedule.
(Amended by Ord. 1394, adopted 5-22-18; Ord. 1397, adopted 7-10-18; Ord. 21-1462, adopted 5-25-21; by Ord. 22-1481, adopted 4-26-22)
Those activities that, if provided, shall require the facility
to be licensed by the State. Care and supervision involves non-medical
assistance as needed with activities of daily living and assumption
of varying degrees of responsibility for the safety and well-being
of residents including assistance in dressing, grooming, and other
personal hygiene; assistance with taking medications; central storage
and distribution of medications; and arrangement of and assistance
with medical and dental care.
A dwelling unit located on the premises of an enterprise
where the principal use is other than residential, and which is occupied
by a person who is the owner, proprietor, manager, watch guard, or
is otherwise at times in charge of such enterprise.
A vehicle carrying two to six persons commuting together
to and from work.
A permanent roofed structure, having not more than three
enclosed sides, used as an automobile shelter. Ancillary enclosed
storage areas may be included.
See "Wireless Communication Facility."
Land used, or intended to be used, for the burial of the
dead and dedicated for cemetery purposes, including columbariums,
crematoriums, mausoleums, and mortuaries when operated in conjunction
with, and within the boundary of, such cemetery.
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 determines this definition is not applicable, the City Planner
shall designate the centerline.
The California Environmental Quality Act, Public Resources
Code Section 21000 et seq., and the California Environmental Quality
Act Guidelines, as may be subsequently amended by the State.
An open air (outdoor) market that is certified by the Los
Angeles County Agricultural Commissioner where certified producers
offer for sale only those agricultural products they grow themselves,
and operated in accordance with regulations established by the California
Department of Food and Agriculture, which includes the display of
a valid health permit.
A producer authorized by the Los Angeles County Agricultural
Commissioner to sell certified agricultural products directly to consumers
at certified farmers' markets.
A certificate issued by the Los Angeles County Agricultural
Commissioner authorizing the transportation and sale of certified
agricultural products.
Chapter shall mean a chapter of the Comprehensive Zoning
Ordinance of the City of Downey, which is composed of Chapters 1 through
8 of Article IX – Land Use, of the Downey Municipal Code, unless
some other chapter or statute is specifically mentioned.
Check cashing is a commercial land use that generally includes
some or all of a variety of financial services including cashing of
checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose; deferred deposit of personal checks whereby
the check casher refrains from depositing a personal check written
by a customer until a specific date; money transfers; payday advances
or payday loans; issuance of money orders; and similar uses. Check
cashing does not include a state or Federally chartered bank, savings
association, credit union, or industrial loan company. Check cashing
also does not include a retail seller engaged primarily in the business
of selling consumer goods, including consumables, to retail buyers
that cashes checks or issues money orders for a fee as a service to
its customer that is incidental to its main purpose or business.
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.
An upper portion of a wall or structure containing windows
for supplying natural light to a building (see Figure 9.1.3).
 Figure 9.1.3. Clerestory Window
|
The City Clerk of the City.
An establishment which provides physical and mental health
services on an individual, out-patient basis. The services may be
of preventative, diagnostic, treatment, therapeutic, rehabilitative
or counseling nature, but do not include group counseling uses. Typical
uses would include, but not be limited to, medical and health clinics,
chiropractic/physical therapy clinics, individual counseling services
and emergency/urgent care centers.
A nonprofit association of persons, whether incorporated
or unincorporated, for some common purpose, but not including groups
organized primarily to render a service customarily carried on as
a business.
The location of multiple commercial wireless antennas which
are either owned or operated by more than one service provider at
a single location and mounted to a common supporting structure, wall,
or building.
The cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, or sale
of marijuana and marijuana products, including medical and non-medical
marijuana, non-medical cannabis products and medical cannabis products
within the meaning of California Business and Professions Code Section
19300 et seq.
Any facility or location where commercial cannabis activity
is conducted, where non-medical marijuana, non-medical marijuana products,
medical marijuana, medical marijuana products are made available,
sold and/or distributed.
Any use or development, either public or private, providing
amusement, pleasure or sport, diversion, exercises, or other resource
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.
Recreational and instructional uses including, but not limited
to, art, crafts, martial arts, 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. Martial
arts excludes boxing gyms and similar facilities that are equipped
and used for training and conditioning.
Any service providing radio communication service that:
Is offered in return for monetary compensation; and
Is available to the public or a substantial portion of the public
(exclusive of Ham radio or Citizen Band radio signals or other uses
found by the Commission to be similar); and
Provides subscribers with the ability to access or receive communication
from the publicly switched telephone network.
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Commercial Wireless Service includes, but is not limited to,
paging service, wireless data transmission, cellular telephone service,
specialized mobile radio service, and personal communications service.
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The Planning Commission of the City.
A community apartment project in which an undivided interest
in the land is coupled with the right of exclusive occupancy of any
apartment located thereon.
A payment to be made directly or indirectly in money, goods,
wares, merchandise, labor, or anything else of value.
See "Official Zoning Map."
See "Development Concession or Incentive."
Uses that may by permitted, subject to approval of a Conditional
Use Permit in accordance with Section 9824. Generally, conditional
uses are those uses that have the potential for particularly sensitive,
objectionable operating characteristics, or appearance, which may
be out of character in a particular zone; of which may make those
uses suitable or unsuitable for a particular site or location.
An estate in real property consisting of an undivided interest
in common in a portion of a parcel of real property, together with
a separate interest in space in a residential, industrial, or commercial
building on such real property, such as an apartment, office, or store.
A condominium may include, in addition, a separate interest in other
portions of such real property.
Applies to the converting of a single lot or building into
a condominium, townhouse, stock cooperative, or a community housing/apartment
project in any applicable zone.
The same as "Abut" or "Abutting."
A State-licensed facility to which persons are admitted for
the extended care of an illness or injury, including 24 hour nursing
care, but excluding any surgical or major diagnostic facility (see
"Hospital"). Convalescent hospital shall include nursing homes, rest
homes, sanatoriums, and other facilities providing care and supervision,
and shall not include senior citizen housing developments, assisted
living facilities, or care and supervision.
The City Council of the City.
An open, unoccupied space with no roof or cover, other than
a required front, side, or rear yard, on the same lot with a building
or buildings and which is bounded on two or more sides by such building
or buildings.
A cellular or wireless communication facility on wheels.
Institutions displaying or preserving objects of interest
in one or more of the arts or sciences. This classification generally
includes libraries, museums and art galleries where displayed objects
are not intended for sale.
The top level of the established street curb in front of
the building measured at the center of such building frontage. Where
no curb has been established, the City Engineer shall establish such
curb level, or its equivalent, for the purposes of this article.
An establishment that provides five or more computers or
other electronic devices to the public for access to the internet
or a local area network (LAN), to email, or to other computer software
programs. Cyber cafés shall be synonymous with PC cafés,
internet cafés, and cyber centers.
(Amended by Ord. 1339, adopted 5-12-15; Ord. 1354, adopted 3-8-16; Ord. 1384, adopted 10-24-17; Ord. 1395,
adopted 6-26-18; Ord.
1397, adopted 7-10-18)
Every day shown on the calendar including Sundays and holidays.
A calendar day except Saturdays, Sundays and City recognized
holidays.
An establishment or facility that provides nonmedical care
and supervision to a person who is 18 years of age or older, where
the care is provided for periods of less than 24 hours per day. Does
not include residential care facilities, convalescent hospitals, or
nursing homes.
Any child day care facility, other than a family day care
home, and includes infant centers, preschools, extended day care facilities,
and school age childcare centers.
A commercial establishment, other than an adult business
or adult use, which specializes in the full complement of beauty,
health or therapeutic treatments, including, but not limited to, body
wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise,
water treatments and massage therapy which is open primarily during
normal daytime business hours and without provisions for overnight
accommodations.
A masonry wall incorporating architectural relief from a
flat surface.
Residential dwelling units per net acre.
An increase in the number of dwelling units over the otherwise
maximum allowable residential density as established in the Land Use
Element of the Downey General Plan in accordance with State law and
this article.
Guidelines adopted by resolution of the City that outline
the criteria and procedures for implementing density bonuses or other
regulations.
Those dwelling units allowed pursuant to Section 9512 of
this article, which exceed the otherwise allowable maximum residential
density for the site.
The total number of dwelling units divided by the total (gross)
area of the site.
The number of dwelling units per acre of developable land
exclusive of: (1) public and private streets and alleys; (2) land
designated as open space on the General Plan Land Use Diagram that
includes parks, riverbeds, utility easements, and golf courses; and
(3) other public uses.
A toolbox of a broad range of design approaches that assists
project proponents and their design teams in reaching compliance with
the Zoning Code.
The person who is responsible for the planning, design, and
construction of an applicable development project. A developer may
be responsible for implementing the provisions of this article as
determined by the property owner.
With regard to density bonus development, development concession
or incentive shall mean any of the following:
A reduction in site development standards or a modification
of Zoning Code requirements or architectural design requirements which
exceed the minimum building standards approved by the State Building
Standards Commission of the California Health and Safety Code, including,
but not limited to, a reduction in setback and square footage requirements
and in the ratio of vehicular parking spaces that would otherwise
be required.
Approval of mixed-use zoning in conjunction with the housing
development if commercial, office, industrial, or other land uses
will result in reduced cost of the development and are compatible
with the housing development and the existing or planned development
in the area where the proposed housing development will be located.
Other regulatory incentives or concessions that result in identifiable
cost reductions.
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; and further explained by
such specifications, conditions, and limitations as may be imprinted
on the plat or described in a supplement.
A tame or domesticated animal or household pet that is commonly
maintained in a household, such as dogs, cats, birds, rabbits, fish,
etc.
A window that protrudes out of a sloping roof, typically
from a second story. Main dwelling typically utilizes one roof covering
both the first and second story.
The State Department of Real Estate.
A use where a customer is permitted or encouraged, either
by the design of physical facilities or by the service and/or packaging
procedures offered, to be served while remaining seated in a vehicle
including, but not limited to, drive-through or drive-in food, financial
services, automatic or self-serve car washes, businesses which dispense
gas and oil as an ancillary use, commercial parking lots, dairy outlet
businesses, and all other commercial uses where business or service
is directly to an automobile and/or its occupants.
Driveway shall mean:
On private property, the required paved access way from the
street property line to any garage, carport, parking or loading space,
or an approved auxiliary parking area; and
In the public right-of-way, the driveway approach is a required
paved access way from the curb line to the street property line.
A building designed exclusively for occupancy by two families
living independently of each other and containing two attached dwelling
units, excludes accessory dwelling units.
A building that contains three or more dwelling units that
share common walls or floor/ceilings. The land under the building
or units is not divided into separate lots. The units may have separate
or joint entrances, and typically have common parking and open space
areas.
A detached residential dwelling unit, designed for occupancy
by one family, and may also include housing types described in Government
Code Section 65852.
An arrangement of single-family dwellings, joined by common
walls on not more than two sides, with the uppermost story being a
portion of the same dwelling located directly beneath at the grade
of the first floor level, and having exclusive individual ownership
and occupant rights of each dwelling unit, including, but not limited
to, the land area directly beneath such dwelling.
One or more rooms arranged or used as living quarters by
one family and containing one kitchen.
(Amended by Ord. 1248, adopted 7-28-09; Ord. 1394, adopted 5-22-18; Ord. 21-1462, adopted 5-25-21)
The lower edge or thickness of a roof that overhangs and
extends beyond the exterior perimeter wall of a structure.
A drawing showing the elements of the exterior of a building
as a direct projection to a vertical plane.
An emergency residential shelter is a building where emergency
temporary lodging is provided to families and/or individuals that
for various reasons have lost the ability to house themselves, or
for people in need during emergency situations such as cold weather,
storms or natural disasters, as well as victims of social misfortunes
such as domestic violence, and where on-site supervision is provided
whenever such shelter is occupied.
The portion of total required parking at a development expected
to be used by on-site employees.
The process of determining the impact of proposed projects
on the environment. The review process shall be carried out in accordance
with the California Environmental Quality Act, State Environmental
Impact Report Guidelines, the City's Environmental Guidelines, and
other applicable regulations (see Section 9812).
A report that describes and analyzes the environmental effects
of a proposed project pursuant to the California Environmental Quality
Act (CEQA).
(Amended by Ord. 1313, adopted 6-11-13; Ord. 21-1462, adopted 5-25-21)
The major width of any exterior elevation of a building,
extending from the grade to the top of the parapet wall or eaves,
that is parallel to a street property line (see Figure 9.1.4).
That portion of a separate exterior elevation of a building
extending from above the door or window line to the top of the parapet
wall or eave and the entire width of the building elevation parallel
to the street property line (see Figure 9.1.4).
 Figure 9.l.4. Façade
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Two or more persons bearing the generic character of, and
living together as, a relatively permanent single bona fide housekeeping
unit in a domestic relationship based upon birth, marriage, or other
domestic bond of social, economic, and psychological commitment to
each other, as distinguished from a group occupying a boarding house,
club, dormitory, fraternity, lodging house, motel, rehabilitation
center, rest home, or sorority.
A home that regularly provides care, protection, and supervision
for 14 or fewer children, in the provider's own dwelling, for periods
of less than 24 hours per day, while the parents or guardians are
away and is either a large family day care home or a small family
day care home.
Large family day care home
means a home that provides family day care for nine to 14
children, inclusive, including children under the age of 10 years
who reside at the home.
Small family day care home
means a home that provides family day care for eight or fewer
children, inclusive, including children under the age of 10 years
who reside at the home.
A commercial land use involved with the exchange of money
and services related to the financial system. Financial services do
not include "Check Cashing."
The total area of all floors contained within the exterior
walls of all buildings on a lot or parcel of land.
The horizontal space of habitable and non-habitual areas
of all floors of all enclosed structures on the property measured
from exterior wall to exterior wall including, but not limited to,
the main structure, main dwelling structure, accessory buildings,
accessory dwelling units, atriums, garages, foyers, enclosed patios,
sheds, habitable attic space, basements, closets, utility rooms, mechanical
rooms, elevator shafts, stairwells, and janitor rooms.
The gross floor area of a building(s) on a lot divided by
the lot area. Building elements included into the calculation include,
but are not limited to, the main structure, the main dwelling, accessory
structures, atriums, foyers, mezzanines and lofts, enclosed patios,
and enclosed porches. Building elements such as garages, carports,
open patios and open porches are not included into the calculation.
A basement (where more than 50% of the volume of the room is below
grade) is exempt from the requirements limiting the floor area ratio
(see Figure 9.1.5).
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Within the R-1 zones, any floor or portion of a floor with a
ceiling height greater than 12 feet above the finished floor is counted
as twice the square footage for that floor area.
|
 Figure 9.1.5. Floor Area Ratio
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Fortune telling shall include astrology, palmistry, phrenology,
lifereading, fortune telling, cartomancy, clairvoyance, clairaudience,
crystal gazing, mediumship, spirit photography, spirit writing, spirit
voices, spirit materialization, etherealization, prophecy, writing
analysis, or other similar business or act.
A highway to which the owners of abutting lands have no right
of ingress or egress from their properties. Freeway shall include
interchange roadways connecting one freeway with another and ingress
and egress ramps connecting the freeway with other streets, but shall
not include frontage streets.
A Building, Fire, and Zoning Code compliant space within
a building, a greenhouse or other structure which has a complete roof
enclosure supported by connecting walls extending from the ground
to the roof, which is secure against unauthorized entry, provides
complete visual screening, and which is accessible only through one
or more locking doors.
(Amended by Ord. 1384, adopted 10-24-17; by Ord. 21-1462, adopted 5-25-21)
The generally triangular section of wall at the end of a
pitched roof, occupying the space between the two slopes of the roof.
See "Roof, Gabled."
A fully enclosed detached accessory building or portion of
a main building, enclosed on all four sides and designed and used
for the shelter or storage of automobiles, which provides the required
off-street automobile storage space for the occupants of the premises.
A building other than a private garage used for the care,
storage, repair, or equipping of automobiles or where such vehicles
are kept for remuneration, hire, or sale.
A garage in which the door is perpendicular to the front
property line and vehicular access requires a radius for maneuvering
in and out of the structure.
The General Plan of the City of Downey adopted by the Council.
The average of the finished grade at the center of each wall
of a building or structure provided, however, where walls are parallel
to and within five feet of a sidewalk or curb, the grade shall be
measured at the sidewalk or curb level.
The completed paved or graded elevation of a lot.
An engineered roofing system that allows for the propagation
of rooftop vegetation while maintaining the integrity of the underlying
roof structure and membrane, for the purpose of retention of storm
water, landscaping, or energy conservation.
A counseling or therapy service that is provided to groups
of five or more persons at a time. Examples of group-counseling uses
include, but are not limited to, nutritional and diet centers; medical,
clinical, and other health-related counseling; and career, professional,
and life coaching.
Living quarters, or other habitable space, without a kitchen
within a detached accessory building or attached to the main building,
located on the same lot as the main building, for use by temporary
guests or for the use of domestics employed on the premises by the
occupants of the lot. A guesthouse shall be ancillary to the main
dwelling unit.
(Amended by Ord. 1339, adopted 5-12-15; Ord. 1394, adopted 5-22-18; Ord. 1397, adopted 7-10-18; Ord. 21-1462, adopted 5-25-21)
A series of plants, shrubs, or other landscape materials
so placed to form a physical barrier or enclosure.
See "Building Height."
The external angle formed by the meeting of two sloping sides
or skirts of a roof, which have their wall plates running in different
directions. See "Roof, Hipped."
Any occupation conducted in the main building on a lot by
a member of a family residing therein as an incidental use in connection
with the primary residential use.
A corporation constituted to regulate common ownership areas
owned by a group of owners of units in a condominium, planned development,
townhouse, stock cooperative, or community apartment association.
A State-licensed general acute care hospital, as defined
by Health and Safety Code Section 1250(a), that provides a wide range
of emergency, clinical, and temporary medical services to the general
public to which persons may be admitted for overnight stay or longer
for the diagnosis, care, or treatment of illness and injury or the
prevention thereof, not including convalescent homes, sanitariums,
and nursing homes.
Any facility, place, or building that is maintained and operated
exclusively to provide 24-hour paid in-patient services for the specialized
treatment and recovery of chronic health or mental health conditions
or elective procedures or treatments. Services provided may include,
but are not limited to, food service nutrition counseling acupressure,
massage fitness and physical therapy, and pharmaceutical and medical
attention. This type of facility is distinct from an acute care general
hospital and from a residential use where these services are occasional
or otherwise incidental to a primarily residential occupancy.
Any building containing individual rooms or suites of rooms,
with or without kitchens, intended or designed to be used, or which
are used, rented, or hired out to be occupied, or which are occupied,
for sleeping purposes by guests, on a transient basis, for compensation
for a period of no more than 120 consecutive days.
A distinct grouping of plants with similar water needs and
climatic requirements.
(Amended by Ord. 1397, adopted 7-10-18)
A document issued by the State Department of Health Services
which identifies a person authorized to engage in the medical use
of marijuana and the person's designated primary caregiver, if any.
See "Development Concession or Incentive."
A door that provides independent access to an ADU and is
located on the exterior façade of the ADU. Independent exterior
access must comply with the minimum requirements of the Building Code.
A point at which three or more public road, alley, and/or
private road sections intersect with one another.
(Amended by Ord. 1288, adopted 8-9-11; Ord. 1394, adopted 5-22-18; Ord. 21-1462, adopted 5-25-21)
A unit that is no more than 500 square feet in size and contained
entirely within an existing single-family structure, with an entrance
into the unit from the main home, and shares kitchen and sanitation
facilities with the main home.
The use of more than 200 square feet of the area of any lot
for the storage of junk, including scrap metals or other scrap materials.
(Amended by Ord. 1394, adopted 5-22-18)
A place where four or more adult dogs or cats are kept, whether
by their owners or by persons providing facilities and care for compensation.
A freestanding structure with a foundation located on private
property not exceeding a maximum size of 100 square feet and compatible
in design with other existing uses and buildings in the vicinity.
Operated for the purpose of vending food, drink, or retail goods or
services.
A freestanding, temporary or semi-permanent structure having
one or more open air sides, operating on either private property or
public rights-of-way and plazas, not exceeding a maximum of 60 square
feet and compatible in design with other existing uses and buildings
in the vicinity. Operated for the purpose of vending food, drink,
or retail goods.
A room or space used, or intended, or designed to be used
for cooking or preparation of food.
(Amended by Ord. 1394, adopted 5-22-18; Ord. 21-1462, adopted 5-25-21)
A laboratory where dry materials, electronics, or large instruments
are tested and analyzed, with limited piped services. Dry laboratories
may require controlled temperature and humidity as well as dust control.
A laboratory where chemicals, drugs or biological matter
is tested and analyzed, and which typically requires water, direct
ventilation, specialized piped utilities and protective measures.
The planting and maintenance of a combination of live plant
materials, which may include native or exotic trees, groundcover,
shrubs, vines, flowers, and lawn. Landscaping may also include synthetic
turf, a limited amount of stones, permeable pavers, decomposed granite,
benches, ponds, and statuary.
Landscaping characterized by the use of vegetation that is
drought tolerant or requires low water use.
A usable area developed with a combination of landscaping
and recreation facilities. Recreation facilities may consist of swimming
pools, recreation rooms, game areas, benches, walks, putting greens,
and other active and passive interior or exterior recreation facilities
and may include private balconies. Landscape-recreation areas shall
be in addition to the side yard on corner lots abutting a street and
the front yards required by this chapter.
An establishment to dry clean and/or wash and dry clothes
and other fabrics brought in and carried away by the customer. This
includes self-service or coin-operated facilities.
An establishment where large quantities of clothes and other
fabrics are washed and/or ironed or dry-cleaned but are collected
and delivered primarily by laundry employees. Excludes laundries or
limited dry cleaning.
A commercial unit designed and intended to function as a
work and living space for the person(s) (business operators or their
employees and their households) who reside there and where the residential
use is secondary or accessory to the primary use as a place of work.
A live-work unit has adequate working space available for and is regularly
used by the person(s) residing in the live-work unit and one or more
rooms with cooking and sanitation facilities in conformance with building
code and disabled access (A.D.A. and State of California Title 24)
requirements.
An attached habitable area or detached habitable accessory
building, on the same lot as a religious institution, for the sole
use of persons employed on the premises. Such quarters shall have
a maximum floor area of twelve-hundred (1,200) square feet, maximum
height of 16 feet, and shall not be rented.
An off-street space on the same lot with a use or building,
for the temporary parking of a vehicle while loading or unloading
merchandise or materials.
A registered, copyrighted, or certified trademark or service
mark representing the business.
A contiguous quantity or parcel of land in the possession
of, or owned by, or recorded as the property of the same claimant
or person, and shall further mean:
A parcel of real property when shown as a delineated parcel
of land with a number or other designation on a tract or plat recorded
in the office of the County Recorder; or
A parcel of land, the dimensions and boundaries of which are
defined by a record of survey recorded pursuant to the provisions
of the Subdivision Map Act of the State in the office of the County
Recorder.
Where contiguous parcels of land in the same ownership are legally
described and developed as permitted by this Code, such individual
parcels shall be considered as separate lots.
A lot is also defined as a plot or parcel of land.
The total area within the boundary lines of a lot, excluding
any area dedicated for public or private streets and alleys.
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 shall determine the
location of the front yard.
 Figure 9.1.6. Lot Types
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The percentage of the lot area covered by a structure or
building, including all accessory buildings (see Figure 9.1.7).
 Figure 9.1.7. Lot Coverage
|
A lot fronting on, or with more than one-half of its lot
frontage on, the turnaround end of a cul-de-sac street.
The horizontal distance between the front and rear lot lines
as measured by the average length of the side lot lines.
A lot having separate front yards on two parallel or approximately
parallel streets (see Figure 9.1.6).
A lot generally shaped like a flag; the staff is a narrow
strip of land providing vehicular and pedestrian access to a street,
with the bulk of the property lying to the rear of other lots (see
Figure 9.1.6).
A lot other than a corner lot (see Figure 9.1.6).
The first interior lot to the rear of a reversed corner lot.
The front property line of the key lot is formed by a continuation
of the street side property line of the reversed corner lot.
The boundary line of a lot.
The street line in the case of an interior lot; in the case
of a corner lot, the street line separating the narrowest street frontage
of the lot from the street; and in the case of a through lot, each
street line shall be a front lot line (see Figure 9.1.8).
 Figure 9.1.8. Lot Lines
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A lot line which is opposite, most distant from, and most
nearly parallel to the front lot line (see Figure 9.1.8).
Any lot line not a front lot line or rear lot line (see Figure
9.1.8).
A lot as shown in the records of the County Recorder on the
date of incorporation.
A corner lot in which the rear abuts a key lot, or in which
the rear abuts the front and side yard of an adjoining lot.
See "Lot, Double Frontage."
The horizontal distance of the front lot line. In the case
of a lot having a curved or irregular shape at the front lot line,
the lot width may be measured at the front setback line required by
the zone in which the lot is located.
Households with an annual income that does not exceed the
United States Department of Housing and Urban Development's annual
determination for lower-income households with incomes of 80% of area
median income, adjusted for household size.
(Amended by Ord. 1339, adopted 5-12-15; Ord. 1347, adopted 11-24-15; Ord. 1397,
adopted 7-10-18; Ord.
21-1462, adopted 5-25-21)
See "Building, Main."
See "Mobile Home/Manufactured Home."
Shall have the same definition as that set forth in California
Health and Safety Code Section 11018.
Any equipment, products or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, smoking, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana or marijuana products
into the human body.
The planting, growing, harvesting, drying or processing of
marijuana plants or any part thereof for any purpose, including medical
marijuana and non-medical recreational marijuana, and shall include
both indoor and outdoor cultivation.
The commercial transfer of marijuana or marijuana products,
medical marijuana or medical marijuana products from a dispensary
or commercial cannabis establishment to a primary caregiver or qualified
patient as defined in Section 11362.7 of the Health and Safety Code.
This shall also include the use by a dispensary, and/or commercial
cannabis establishment or other party, any technological platform
that enables patients or primary caregivers to arrange for or facilitate
the commercial transfer by marijuana or marijuana products, medical
marijuana or medical marijuana products.
The procurement, sale, and transport of marijuana and marijuana
products between entities licensed by the State of California.
The production, preparation, propagation, or compounding
of marijuana, and/or medical marijuana, including, but not limited
to, edibles or other products, directly or indirectly, by extraction
methods, independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis.
Marijuana used for medical purposes where that medical use
is deemed appropriate and has been recommended by a physician who
has determined that the person's health would benefit from the use
of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other serious medical
condition for which marijuana is deemed to provide relief as defined
in subsection (h) of Health and Safety Code Section 11362.7. "Medical
marijuana" shall also include any edible or other products that contain
marijuana, including, but not limited to, concentrates or extractions.
Any effort to locate, operate, own, lease, supply, allow
to be operated, or aid, abet or assist in the operation of commercial
cannabis activity.
Any facility, entity or site that offers or performs testing
of marijuana or marijuana products, medical marijuana or medical marijuana
products, including the equipment provided by such laboratory, facility,
or entity, and that is both if following:
A permanent roofed structure attached to, and supported by,
a building and which projects over setback areas or public rights-of-way.
A wall constructed with concrete block, bricks, or stone.
The comprehensive bulk or three dimensional form of a building
or portion of a building as viewed from the exterior.
An establishment offering massage, acupressure, alcohol rub,
fomentation, electric or magnetic treatment, or similar treatment
or manipulation of the human body, unless such treatment or manipulation
is administered by a medical practitioner, chiropractor, acupuncturist,
physical therapist or similar professional person licensed by the
State as part of a medical clinic. This definition excludes a gymnasium/health
and fitness center, school, barber/beauty shop, or similar establishment
where massage or similar manipulation of the human body is offered
by an individual as an incidental or accessory service and does not
occupy more than 25% of the area of the establishment. This definition
also specifically excludes adult massage services as defined in Section
9402.
A business or facility providing medical or health services,
more intensive than those typically provided by a Medical Office use,
without the need for an overnight stay, such as but not limited to,
kidney dialysis, phlebotomists, physical therapy, prosthetics, individual
wellness and health maintenance counseling, and urgent care. Medical
Outpatient Services does not include Medical Office uses, Wet Laboratories,
or Group Counseling services (as those terms are defined in this chapter).
Services provided by a business or facility consisting of
the services described within the definitions of "Clinical Service,"
"Medical Outpatient Service," and "Office, Medical," as those terms
are defined in this chapter, which are ancillary to a primary use
consisting of medical or biological research and analysis, or the
manufacturing of medical products, equipment or related items. Excludes
the use, handling, analysis, testing, processing, growing, distribution,
research or any other activity involving Marijuana (Cannabis sp.)
or any of its derivatives.
An intermediate floor just above the ground floor; it often
has a low ceiling and projects in the form of a balcony, and does
not exceed one-third of the floor area of the room or space in which
they are located.
Refers to small-scale, independently-owned breweries that
emphasize traditional brewing methods, flavor and quality and that
produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons)
annually for on-and off-premises consumption. A brewpub is an abbreviated
term combining the ideas of a brewery and a pub or public-house. A
brewpub can be a pub or restaurant that brews beer on the premises.
A structure containing both residential and commercial uses
(which may include retail, restaurants, offices, services, and similar
uses deemed compatible with residential uses). The commercial use
or uses are typically located on the ground floor of the structure
with the residential dwellings predominantly located on the second
or higher floors (see Figure 9.1.9).
A project with both residential and nonresidential uses located
on the same lot or site (see Figure 9.1.9).
 Figure 9.1.9. Mixed-Use Development
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See "Mobile Home/Manufactured Home."
A mobile home or manufactured home is transportable in one
or more sections, is eight body feet or more in width, or 40 body
feet or more in length, in the traveling mode, or, when erected on-site,
is 320 or more square feet, is built on a permanent chassis and designed
to be used as a single-family dwelling with or without a foundation
when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained therein.
For the purposes of this definition, mobile homes are structures constructed
prior to June 15, 1976, and manufactured homes are structures constructed
on or after June 15, 1976.
Any lot or series of contiguous lots on which two or more
mobile homes or manufactured homes are located and on which homes
are being used for living and/or sleeping purposes.
Any clinic, cooperative, club, business or group, which transports,
delivers, or arranges the transportation or delivery of medical marijuana.
Households with an annual income that does not exceed the
United States Department of Housing and Urban Development's annual
determination for moderate-income households with incomes of 120%
of area median income, adjusted for household size.
See "Manufactured Housing."
A group of attached or detached buildings containing individual
sleeping rooms, without kitchens, for the temporary use of automobile
tourists or transients for a period of not more than 120 consecutive
days and shall include auto courts, motor lodges, and tourist courts.
Manager unit
is a private living area, to be used exclusively by a manager
and his or her family, which may contain such areas as a living area,
kitchen, bedrooms, and bathrooms. This unit may also contain or directly
adjoin a reception area for guest registration and the conducting
of motel business.
Kitchenettes
are facilities available for the preparation of snacks, food,
limited meals, etc. Such areas include, but are not limited to, ovens,
hot plates, microwave ovens, and any other similar equipment designed
for the storage and preparation of food or meals.
Guest unit
is a facility designed to provide a temporary shelter for
travelers. The unit may consist of sleeping and bath facilities, and
sitting areas.
Any combination of two or more separately owned and operated
businesses established on a single or commonly owned contiguous parcel
of land, or that share common driveways for ingress/egress, or share
five or more off-street parking spaces.
(Amended by Ord. 1288, adopted 8-9-11; Ord. 1339, adopted 5-12-15; Ord. 1350, adopted 1-26-16; Ord. 1384, adopted 10-24-17; Ord. 1397,
adopted 7-10-18; Ord.
21-1462, adopted 5-25-21)
See "Lot Area."
A building or portion thereof which was lawfully erected
or altered and maintained but which, because of the application of
this article to it, no longer conforms to the regulations set forth
in this article applicable to the zone in which such building is located.
A structure or portion thereof which was lawfully erected
or altered and maintained but which, because of the application of
this article to it, no longer conforms to the regulations set forth
in this article applicable to the zone in which such structure is
located.
A use which was lawfully established and maintained but which,
because of the application of this article to it, no longer conforms
to the use regulations set forth in this article applicable to the
zone in which such use is located.
With regard to density bonus development, all dwelling units
within a residential development excluding the target units.
Anything that interferes with the use or comfortable enjoyment
of property or life or which is offensive to the senses.
A discontinuance of an existing use and the substitution
of a use of a different kind or class.
Offices or firms or organizations providing professional,
executive, management or administrative services, such as accounting,
architectural, engineering, real estate, insurance, investment, legal,
psychological and medical/dental laboratories incidental to an office
use. Excludes banks, savings and loan associations and other similar
financial institutions and dental and medical offices.
See "Financial Services."
A facility where medical services, typically involving evaluations
or non-emergency procedures, and their associated managerial, administrative,
and clerical functions, are conducted on-site or to patients off-site
by the use of telecommunication technologies (for example, telephone
or video-conferencing). Medical office includes: chiropodists, chiropractors,
dentists, clinical service uses (defined in this chapter), optometrists,
osteopaths, physicians, psychologists, surgeons, and other uses which
the decision-making body determines are of a medical nature and similar.
Medical office does not include Group Counseling uses or Medical Outpatient
Services (as those terms are defined in this chapter). Excludes the
overnight care of a patient.
The maps delineating the locations and boundaries of zones
as described in this article, and shall include such other maps and
amendments as may hereafter be adopted in accordance with the provisions
of this article, which maps are a part of this article when adopted
by ordinance passed by the Council in the manner prescribed by law.
A fence designed to prevent all vision through to the other
side.
Land areas that are not occupied by buildings, structures,
parking areas, driveways, streets, or alleys. Open space may include
land areas occupied by buildings or structures specifically designed
for recreation purposes such as swimming pools and recreation buildings.
Open space reserved primarily for the enjoyment and recreational
use of all residents of a residential development, such as a planned
unit development, condominium, or mixed-use development, and owned
and maintained by all residents, generally through a homeowner's association.
Open space located adjacent to, and directly accessible from
the living room, family room, kitchen or dining room of an individual
dwelling unit that is designed, maintained, and reserved exclusively
for the use of the residents of said unit.
An open area or recreational facility that is designed and
intended to be used for outdoor living and/or recreation.
A fence, such as a wrought iron or other formed materials.
Ornamental fence does not include chain link, woven wire, and similar
products.
A certain portion of the City where regulations relating
to specific environmental, physical, or other characteristics (e.g.,
locational, economic, historical) are imposed in addition to those
of the base zone covering the land in question.
(Amended by Ord. 1397, adopted 7-10-18)
A low protective wall along the edge of a raised structure
such as a roof or balcony.
Parcel of land shall mean the same as lot.
Noncommercial parks, playgrounds, recreation facilities,
and open spaces.
An assessment district formed pursuant to the Parking District
Law of 1943 of the State.
A covered freestanding or attached level, paved or decked
area enclosed on all sides whose principal use shall be for outdoor
entertaining or recreation. A patio shall be considered enclosed when
surrounded by a rail, wall, glass, plastic, or similar type barrier
taller than 42 inches on any side, excluding the walls of an approved
attached structure. An enclosed patio is not used as a habitable room
or as a parking space for vehicles.
A freestanding or attached level, paved or decked area open
on one or more sides, enclosed only by the walls of an attached approved
structure, whose principal use shall be for outdoor entertaining or
recreation. These areas may be covered or uncovered, and may be surrounded
by a rail, wall, glass, plastic, or similar barrier measured at a
height of 42 inches or less. An open patio may be enclosed by insect
screening. An open patio is not used as a habitable room or as a parking
space for vehicles.
A solid concrete, tile, or brick surface that serves as a
covering for pedestrian/vehicular travel.
Development that is designed with a primary emphasis on the
street sidewalk and facilitating pedestrian access to the site and
building rather than on auto access and parking areas. Buildings in
such developments are generally placed close to the street and the
main entrance is oriented to the street sidewalk. There are generally
windows and display areas along the street façades of building
and outdoor areas (such as plazas) that are oriented to pedestrians.
Although buildings and parking areas may be provided, they are not
emphasized in the design of buildings.
Designed to be accessible to pedestrians, as opposed to automobiles.
A paving material that permits water penetration to a soil
depth of 18 inches or more, including non-porous surface material
poured or lain in sections not exceeding one square foot in area and
incorporates a minimum of three inch (3″) landscaped separation, such
as open cell concrete, and collectively comprising less than two-thirds
(⅔) of the total surface area of the lot, and loosely laid
materials such as crushed stone or gravel.
A document issued by the City pursuant to the provisions
of this article authorizing specific activities, uses, or structures
together with the conditions upon which such permit is issued, and
the plans, specifications, reports, and approved modifications pertaining
thereto.
Refers to a use or structure that is allowed without the
requirement for approval of a discretionary permit. However, some
permitted uses and structures may require approval of nondiscretionary
permits, such as Site Plan Review, Temporary Use Permits, Home Occupation
Permits, Special Event Permits, Building Permits, etc.
See Section 1314 of Article I of the Downey Municipal Code.
Services or facilities, including, but not limited to, music
or photography lessons, driving schools (excludes truck driving schools),
and diet centers.
A commercial land use providing recurrently needed services
of a personal nature. Personal services generally include barbershops,
beauty and nail salons, seamstresses, tailors, shoe repair shops,
photo processing, and photographic studios.
A type of concrete with high porosity that allows water to
penetrate directly through its surface into the soil below.
An individual who possesses a recognition in good standing
to practice medicine or osteopathy issued by the Medical Board of
California or the Osteopathic Medical Board of California and who
has taken responsibility for an aspect of the medical care, treatment,
diagnosis, counseling, or referral of a patient and who has conducted
a medical examination of that patient before recording in the patient's
medical record the physician's assessment of whether the patient has
a serious medical condition and whether the medical use of marijuana
is appropriate.
Any place designed for, or used for, the congregation or
gathering of 20 or more persons in one room where such gathering is
of a public nature. Assembly hall, church, auditorium, recreational
hall, pavilion, place of amusement, dance hall, opera house, motion
picture theater, outdoor theater, and theater are included in this
definition.
A tract of land that is developed as an integrated unit under
single ownership or control.
A scaled drawing of a lot and the adjacent and surrounding
areas, showing the use and location of all existing and proposed buildings,
structures, and improvements.
Architecturally appropriate one story covered elements projecting
from, or recessed into, a building leading towards the main doorway.
A roofed space open on three sides and attached to the side
or front of a dwelling or building, for the loading or unloading of
passenger cars (see Figure 9.1.10). Within the R-1 zones, porte-cocheres
are limited to one story.
 Figure 9.1.10. Porte Cochere
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A single-family dwelling that is factory fabricated, built
in one or more sections, complies with regulations adopted by the
State of California Department of Housing and Community Development,
and designed to be transported and affixed to a permanent foundation
on the site and meets building codes.
Parking spaces designated or assigned, through use of a sign
or painted space markings, for carpool and vanpool vehicles carrying
commuter passengers on a regular basis that are provided in a location
more convenient to a place of employment than parking spaces provided
for employees' single-occupant vehicles.
Any portion of any lot and any portion of any building or
structure contained thereon.
The average square footage for all properties contiguous
to the subject property.
The most common qualitative features, such as pattern(s),
style(s), expression(s), or other attribute(s), and quantitative features,
such as, but not limited to, top-of-plate heights, garage placement,
setbacks, and roof slopes held by at least 50% of the block.
See "Setback, Prevailing."
The individual, designated by a qualified patient or by a
person with an identification card, who has consistently assumed responsibility
for the housing, health, or safety of that patient or person.
The primary structure(s) within which is conducted the principal
use of the lot.
The primary and predominate use on any lot.
A private road shall constitute the boundary line to boundary
line area of a road that runs through at least two lots and/or lot
subdivisions to access another lot and/or lot subdivision, owned by
all abutting parcels in which it serves.
Shall refer to the portion of the private road used for vehicle
traffic.
A class of uses generally open to the public and maintained
and supported by public or nonprofit agencies or organizations and
which are of a recreational, civic, educational, religious, institutional
or cultural nature.
Any entity authorized under regulation by the Public Utilities
Commission to furnish electricity, gas, telephone, cable, high speed
internet, telegraph, transportation, water, or petroleum products.
(Amended by Ord. 1288, adopted 8-9-11; Ord. 1395, adopted 6-26-18; Ord. 21-1462, adopted 5-25-21; Ord.
22-1481, adopted 4-26-22)
A person who is entitled to the protections of California
Health and Safety Code Section 11362.5, but who does not have an identification
card issued by the State Department of Health Services.
A person, other than a senior citizen, who resides in a senior
citizen housing development and who meets requirements (a) and (b),
or (c):
Is a spouse, cohabitant, or person providing primary physical
or economic support to the qualifying senior citizen; and
Was residing with the senior citizen prior to the death, hospitalization,
or other prolonged absence of, or the dissolution of marriage with,
a resident senior citizen; or
Is a resident manager or caretaker or a member of that manager
or caretaker's family.
With regard to density bonus development, persons eligible
to reside in senior housing as defined in California Civil Code Section
51.3.
(Amended by Ord. 1288, adopted 8-9-11)
A pigeon, which is from the family of Columbidae, that can
be identified by a numbered leg band, issued by a recognized National
or State Pigeon Organization or other organization recognized by the
City, that has been trained or is in the process of being trained
or is in the process of being trained to habitat in a given loft,
which is not raised or kept for commercial purposes.
A 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.
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 and which
are occupied on a temporary and transient basis.
The pursuit of knowledge or creation of products in technology-intensive
fields. Examples include, but are not limited to, research and development
of computer hardware or software, information systems, industrial
processes, technical/technological systems, communications systems,
transportation, geographic information systems, multi-media and video
technology. Laboratories may also be included in this use (see also
"Laboratory, Dry" and "Laboratory, Wet" in this chapter). Development
and construction of prototypes may be associated with this use.
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 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:
With regard to density bonus development, any project requiring
any Specific Plan, Development Agreement, Planned Unit Development
Permit, Tentative Map, Minor Subdivision, Conditional Use Permit,
Site Plan Review, or Building Permit, for which a development review
application has been submitted to the City, and which would create
five or more additional dwelling units by construction or alteration
of structures, not including conversion of existing dwelling units
to condominiums.
The R-1, R-2, R-3, and R-3-O Zones.
The on-site sale of new merchandise, which is open to the
general public, not specifically listed under another use classification.
This classification includes, but is not limited to, department stores,
grocery stores, book stores, clothing stores, candy stores, furniture
stores, businesses retailing toys, hobby materials, handcrafted items,
shoe stores, jewelry, cameras, photographic supplies, electronic equipment,
audio and video sales and rentals, sporting goods, kitchen utensils,
hardware, home improvement, appliances, antiques, art supplies and
services, paint and wallpaper carpeting and floor covering, office
supplies, bicycles and new automotive parts and accessories (excludes
service and installation).
The on-site sale of used merchandise that has previously
been owned by another individual or party, which is open to the general
public, not specifically listed under another use classification.
This classification includes, but is not limited to, used merchandise
for sale in secondhand stores, thrift stores, consignment stores,
pawnshops, and/or E-bay stores.
An area or strip of land, either public or private, on which
a right of surface passage has been recorded. Thus, the right-of-way
shall include a public right-of-way, a common lot containing a private
street, or other public or private right of surface passage consistent
with this definition.
The peak of a sloped or pitched roof, where two or more planes
meet.
The ultimate right-of-way is the required width of any street
or highway, determined by the City Engineer, as shown on the maps
on file in the office of the City Engineer, or as shown on a Master
Plan of Street and Highways approved by the Council, or as shown in
the General Plan (see Figure 9.1.11).
 Figure 9.1.11. Right-of-Way, Ultimate
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A structural covering over any portion of a building or structure,
including projections beyond the walls or support of the building
or structure, which is permanently attached.
A roof nearly horizontal and level (see Figure 9.1.12).
A pitched roof having a gable at each end (see Figure 9.1.12).
A ridged roof with two slopes on either side, the lower slope
having the steeper pitch. It is often flared beyond the front and
rear of the dwelling forming a deep overhang (see Figure 9.1.12).
 Figure 9.1.12. Roof Types
|
A hipped (or hip) roof slopes down to the eaves on all four
sides. Although a hipped roof is not gabled, it may have dormers or
connecting wings with gables (see Figure 9.1.12).
A mansard roof has two slopes on each of the four sides.
The lower slope is steeper than the upper slope. Dormers are often
set in the lower slope. The upper slope is usually not visible from
the ground (see Figure 9.1.12).
Any building with not more than five individual rooms where,
for compensation for definite periods, lodging, lodging and meals,
or meals are provided for not exceeding six persons and shall include
boardinghouses and lodging houses, but shall not include hospitals,
rest homes, senior citizen housing developments, or sanitariums. Any
number of individual rooms over five shall be considered a motel.
(Amended by Ord. 1339, adopted 5-12-15; Ord. 1397, adopted 7-10-18; Ord. 21-1462, adopted 5-25-21)
Any fixed disc or similar configuration that is designed
for the purpose of reception or transmission of television communications
relayed from earth orbiting satellites.
An institution of learning which offers instruction in the
several branches of learning and study required to be taught in the
public schools by the Education Code of the State.
Landscaping, at least 30 inches high, designed to screen
or otherwise hide from view certain elements of development, such
as parking lots, utility structures, and the like.
A section of this article, unless some other section, article,
or statute is specifically mentioned.
See "Storage, Self."
A person 62 years of age or older or, in a senior citizen
housing development of at least 150 dwelling units, a person 55 years
of age or older.
With regard to density bonus development, a residential development
of 35 dwelling units or more designed for permanent residency by qualifying
residents in accordance with California Civil Code Section 51.3. This
definition pertains to the density bonus allowed for senior housing
units allowed in accordance with the State Density Bonus provisions,
and includes mobile home parks.
Residential development consisting of at least five dwelling
units that are developed or substantially rehabilitated or renovated
to the provisions of Section 9418 of this article. Senior citizen
housing developments do not include those facilities providing medical
care or "care and supervision" as defined by this article.
The use of any lot or land in the City, or portion thereof,
which provides the services set forth in Section 9404 of this article
for motor vehicles.
The line that defines the depth of the required front yard.
Said setback line shall be parallel with the street line or the line
established by the General Plan, and be removed therefrom by the perpendicular
distance prescribed for the front yard in the zone (see Figure 9.1.13).
The line that defines the width or depth of the required
rear or side yard. Said setback line shall be parallel with the property
line, removed therefrom by the perpendicular distance prescribed for
the yard in the zone. Where the side or rear yard abuts a street,
the distance shall be measured as set forth in "setback line, front"
(see Figure 9.1.13).
 Figure 9.1.13. Setback Types
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Where an existing development, structure, or use has an established
front or street side setback greater than the setback required by
this chapter, the prevailing setback is the front setback line determined
by the shortest setback of the two adjacent properties on both sides
of the subject property, located on the same side of the street. If
the subject property is a corner lot, the prevailing setback is determined
by the shortest front setback line of the two adjacent properties
located on the same side of the street (see Figure 9.1.14).
 |
 Figure 9.1.14. Prevailing Setbacks
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On a lot that abuts two or more streets at their intersection,
the line that defines the width of the required side yard on the street
side. Said setback line shall be parallel with the street line, removed
therefrom by the perpendicular distance prescribed for the yard in
the zone. (see Figure 9.1.13).
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.
The rental or lease of a dwelling unit for a period of 30
days or less.
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located as follows
(refer to Chapter 6 of this article for sign illustrations):
Any structure, board, fence, card, cloth, paper, metal, wooden,
plastic, painted, printed, or lighted structure of any character used
for outdoor advertising purposes or any structure upon which any advertisement
is shown, or whereon any poster, bill, printing, painting, device,
or other advertising matter of any kind whatsoever may be attached
or painted, whether placed on the ground or on shrubbery, rocks, fences,
walls, buildings, or other materials or structures.
The previous definition is intended to include, as well as all
other structures and advertising media therein set forth, billboards,
outdoor advertising, flags, posters, displays, and signs, whether
ground, projecting, roof, wall, or banner.
Works of art shall include, but not be limited to, murals, structures,
paintings, mosaics, photographs, and statues depicting ideological
expression, and which in no way refer to the business at which such
work of art is located.
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 constructed.
The entire surface area of a sign including nonstructural
trim, but excluding supports, uprights, or structures upon which the
sign is supported, as detailed in Section 9616.
The entire background area of a sign upon which copy could
be placed.
A nonpermanent sign composed of fabric, pliable plastic,
paper, or other light material not enclosed in a rigid frame or secured
or mounted so as to allow movement by the atmosphere to cause movement
of the sign, including flags, streamers, and pennants.
See "Sign, Outdoor Advertising."
Sign in which the copy/text may be changed or rearranged
without altering the face or the surface of the sign, and which may
be rearranged manually, mechanically, or electronically. The display
of time and temperature information is not considered a changeable
copy sign.
A temporary sign during a period of construction stating
the type or purpose for which the building is proposed and may include
the name, address, and telephone number of businesses directly related
to the construction project.
Any word, letter, number, figure, picture, design, or other
representation incorporated into a sign to convey a message and to
attract attention to the subject matter.
The actual area of sign copy applied to any background.
The change of an existing message within the existing legal
sign.
On-premises signs designed to guide or direct pedestrian
or vehicular traffic.
Any permanent sign supported wholly by uprights or braces
placed in or upon the ground.
Any sign so located as to constitute a hazard to the safe
and free flow of traffic by obstructing or restricting the vision
of drivers or motor vehicles on a public highway or drivers entering
a public highway from a private road easement or driveway.
The height of signs shall be measured from the finished grade
to the top of the sign including any element thereof. The finished
grade of a bermed sign with a maximum of a 2:1 slope shall be measured
from the crest of the berm. For half-berms or berms with greater than
2:1 slopes, the finished grade shall mean the average of the finished
grade at the center sign structure, provided where the sign is parallel
to and within five feet of a sidewalk, or curb, the grade shall be
measured at the sidewalk or curb level.
The use of decorations, displays, or other materials which
may not comply with the requirements of this article, but may be used
for the purposes of recognizing traditional holidays, such as, but
not limited to, Easter, July 4th, Halloween,
Thanksgiving, and Christmas.
Any sign installed or constructed without proper approval
and/or permits as required by this article or any nonconforming sign
that has exceeded its authorized amortization period.
A sign in which a source of light is used to make the copy
readable. This definition shall include internally and externally
lighted signs and reflectorized, glowing, or radiating signs.
A sign illuminated with a light directed primarily toward
such sign, including back lighting, and so shielded that no direct
ray from the light is visible.
A sign in which illumination is provided entirely within
the perimeter of the sign structure and which cannot be seen directly
from without.
Any sign attached to a marquee.
A low-profile sign, which is an integral part of a landscaping
plan, located between a building or street setback line and a street
property line for identification purposes, and having a solid base
support.
A sign which was lawfully erected, altered, or maintained
but which, because of the application of this article to it, no longer
conforms to the use regulations set forth in this article applicable
to the zone in which such use is located.
A sign which carries only advertisements strictly incidental
to a lawful use of the premises on which it is located, including
signs or sign devices indicating transacted; services rendered; goods
sold or produced on the premises; name of the business; and name of
the person, firm, or corporation occupying the premises.
Any billboard or advertising structure bearing a sign, which
is erected upon the ground, or any sign attached or painted on a building
that directs attention to a business commodity, industry, or other
activity which is sold, offered, or conducted elsewhere than on the
premises. Such signs shall include signs mounted on wheeled vehicles
when used as a directional sign expressly for directing automobile,
pedestrian, and other forms of traffic to a specific business location.
Such signs shall also include any sign of which more than 20% is devoted
to the advertising of a commodity or service that is not the exclusive
commodity or service being sold or rendered on the premises or part
of the name of the business concern involved.
Any sign concerning candidates for political office or involving
issues on a ballot.
Any sign designed to be moved easily and which is not permanently
affixed to the ground, or a structure, building, or vehicle.
One wall sign mounted on the front façade or front
fascia of a business, to identify its name or service rendered.
A sign mounted on a building wall in which the sign fascia
is not parallel to the building façade or façade fascia.
A temporary sign indicating that the premises on which the
sign is located, or any portion thereof, is for sale, lease, or rent.
Any sign erected upon or over the roof of any building or
which is partially or totally supported by the roof or roof structure
of the building. Signs attached to a mansard roof shall be considered
a wall and shall not extend beyond the exterior lines of the roof
or exceed other wall sign standards.
A statue or other three-dimensional structure imitating or
representing a person, animal, or object which is sculptured, molded,
or cast in any solid or plastic substance, material, or fabric and
used for commercial or industrial purposes.
Any structure, containing no copy, excepting street addresses,
which supports or is capable of supporting any sign as defined in
this article. A sign support may be a single pole or may be an integral
part of the design of a building.
A sign constructed of paper, cloth, canvas, or other similar
lightweight material, with or without frames, including window displays
intended to be displayed for a period not to exceed the period of
time set forth in a particular zone.
A sign affixed in any manner to the wall of a building or
structure which projects not more than 18 inches from the building
wall and which does not extend beyond the façade of the building
on which it is located. Wall signs shall include signs attached to
a mansard roof.
A sign that is applied or attached to the exterior or interior
of a window or located in such a manner within a building that its
purpose is to be viewed from the exterior of the building through
the window. Vertical and/or horizontal separations less than six inches
in width shall be viewed as a window without separation. Separations
greater than six inches in width shall be considered separate windows.
A changeable copy sign that is attached or applied to a permanent
designated area on or within the exterior or interior of the window
for the purpose of being viewed from the exterior.
Housing consisting of single-room dwelling units typically
with no more than 400 square feet of habitable space that is the primary
residence of its occupant or occupants. The unit must contain either
food preparation or sanitary facilities (and may contain both).
A contiguous area of land, including a lot or lots or a portion
thereof, upon which a project is developed or proposed for development.
An administrative process conducted in accordance with Section
9820.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity that does not exceed the allowable rated capacity
under the Emerging Renewables Fund of the Renewables Investment Plan
administered by the California Energy Commission and which will be
used primarily to reduce on-site consumption of utility power (see
Figure 9.1.15).
System Height.
With regard to a small wind energy system, the tower height
plus the highest point of the wind turbine rotor blade.
Tower Height.
With regard to a small wind energy system, the height above
grade of the fixed portion of the tower, excluding the wind turbine.
Wind Turbine.
With regard to a small wind energy system, the parts of the
wind system that include the rotor blades, generator and the tale.
 Figure 9.1.15. Small Wind Energy System
|
Any solar collection or other solar energy device, or any
structural design feature of a building whose primary purpose is to
provide for the collection, storage, generation or distribution of
solar energy for space heating or cooling, water heating or power
generation.
The regional authority appointed by the California State
Legislature to meet Federal standards and otherwise improve air quality
in the South Coast Air Basin (the non-desert portions of Los Angeles,
Orange, Riverside, and San Bernardino Counties).
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.
A plan, adopted by City Ordinance, which shows the future
physical development to be implemented within a specifically defined
and circumscribed area of the City. The Specific Plan describes the
types of land uses to be developed on each parcel; a plan for infrastructure
in and adjacent to the Specific Plan area; and written standards,
regulations, and policies for such items as architectural design,
open spaces, preservation of existing structures, and other relevant
factors.
A use for the storage of personal goods within multiple individual
enclosed storage spaces rented to different individuals and businesses.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above.
Any public right-of-way or private recorded thoroughfare
that affords a principal means of access to an abutting lot (see "Alley"
and "Freeway").
The length of a lot facing a street that affords direct public
access to the lot.
Those features associated with a street that are intended
to enhance the street's physical character and intended for use by
pedestrians (the general public), such as benches, trash receptacles,
lights, and newspaper racks (see Figure 9.1.16).
 Figure 9.1.16. Street Furniture
|
The boundary line between a street and abutting lot (see
"Lot Line, Front").
A line parallel to a street line extending the full width
or length of a lot with a minimum required horizontal distance from
the street centerline or right-of-way line.
The linear environment along a right-of-way created by the
placement and design of buildings, trees, open spaces, street furniture,
and infrastructure.
The existing or proposed future ultimate width of a public
or private right-of-way as determined by the City Engineer. Street
right-of-way line shall mean street line.
Two or more exposed lamps, reflectorized bulbs, or artificial
illuminating devices that are energized and joined together by string,
rope, etc.
Any lighting device that utilizes a flash for rapid intermittent
high-speed illumination.
Anything constructed or erected which requires a location
on the ground or which is attached to something having a location
on the ground, but not including fences or walls seven feet or less
in height.
See "Temporary Structure."
Any change in the supporting members of a building such as
bearing walls, columns, beams, girders, floor joists, roof joists,
or foundations.
The process of dividing land and/or structures for parcelized
sales. This process involves either parcel or tract maps.
The boundary line of an original lot before subdivision.
The property line of a newly formed parcel after it has been
subdivided.
Housing with no limit on length of stay, that is occupied
by the target population, and that is linked to on-site or off-site
services that assist the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community.
(Amended by Ord. 1248, adopted 7-28-09; Ord. 1313, adopted 6-11-13; Ord. 1394, adopted 5-22-18; Ord. 21-1462, adopted 5-25-21)
Two parking spaces that are designed to be parked as single-width
and double-length with one behind the other such that one car will
have to be moved in order to access the other.
A dwelling unit within a housing development that is reserved
for sale or rent and is made available at an affordable rent or affordable
ownership cost to extremely low-, very low-, low-, or moderate-income
households, or is a unit in a senior housing development, and which
qualifies the residential development for a density bonus and other
incentives or concessions pursuant to Section 9512.
The temporary parking of a licensed motor vehicle for a period
of time not exceeding 12 hours in any 24 hour period.
Any structure that is readily movable and is not attached
to a permanent foundation, and is used or intended to be used for
a period not to exceed 60 days. Such structure shall be subject to
all applicable property development standards for the zone in which
it is located.
A use which is associated with a holiday or special event,
or which is accessory to a permitted use and transitory in nature.
The lessee of residential or other facility space at an applicable
development project.
See "Dwelling, Townhouse."
Measures that reduce motorist speed, decrease motor vehicle
volumes, reduce cut-through traffic, enhance the street environment,
and/or increase safety for pedestrians and non-motorized vehicles.
Mostly includes physical features, but may also include educational
programs, traffic enforcement, and traffic operation changes.
Any vehicle or structure used for sleeping, living, business,
or storage purposes and having no foundation, other than wheels, blocks,
skids, jacks, horses, or skirting, and which is, or has been, or reasonably
may be equipped with wheels or other devices for transporting the
structure from place to place, whether by motor power or other means.
Trailer shall include camp car and house car (see "Recreational Vehicle").
Any trailer coach designed for use as a construction building,
temporary office, or the like.
A vehicle, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel and recreational purposes,
having a body width not exceeding eight feet.
Buildings configured as rental housing developments, but
operated under program requirements that call for the termination
of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which
shall be no less than six months.
The incentive for alteration of travel behavior, usually
on the part of commuters, through programs, services, and policies,
TDM includes alternatives to single-occupant vehicles such as carpooling
and vanpooling, and changes in work schedules that move trips out
of the peak period or eliminate them altogether (as in the case of
telecommuting or compressed work weeks).
The diameter of the crown of a tree as measured when viewing
the tree from an aerial point of view.
Reducing the number of vehicle trips primarily by single-occupant
vehicles.
A living single-bladed grass or sod.
A man-made, synthetic material manufactured from nylon, polypropylene,
polyethylene, or a blend of nylon, polypropylene and polyethylene
fibers which simulates the appearance of live turf, organic turf,
grass, sod, or lawn.
(Amended by Ord. 1313, adopted 6-11-13; Ord. 15-1347, adopted 11-24-15; Ord.
21-1462, adopted 5-25-21)
The purpose for which a lot or building is arranged, designed,
or intended or for which either is, or may be, occupied or maintained.
A use customarily incidental or subordinate to the principal
use of a lot or building located upon the same lot or building site
and which is exclusively used by the occupants of the main building
(see "Building, Accessory").
Categories of land uses.
A vehicle carrying seven or more persons commuting together
to and from work on a regular basis, usually in a vehicle with a seating
arrangement designed to carry seven to 15 adult passengers.
A permit which grants a property owner relief from development
standards contained in this article when strict compliance with this
article would result in undue hardship on the owner due to special
circumstances or conditions applicable to a property, including size,
shape, topography, location, or surroundings.
Households with an annual income, which does not exceed the
United States Department of Housing and Urban Development's annual
determination for very low-income households with incomes of 50% of
area median income, adjusted for household size.
Wireless communication service antennas mounted on any vertical
or nearly vertical surface of a building or other structure that is
not specifically constructed for the purpose of supporting an antenna
(including the exterior walls of a building, an existing parapet,
the side of a water tank, the face of a church steeple, or the side
of a freestanding sign) such that the highest point of the antenna
structure is at an elevation equal to or lower than the highest point
of the surface on which it is mounted.
A use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment, excluding bulk storage
of materials that are flammable or explosives or that present hazards
or conditions commonly recognized as offensive.
A portion or mass of a building that intersects with and
is subordinate to the main mass of the structure. Serves as a single-story
characteristic when designed as a one story structure towards the
public right-of-way.
An antenna structure and any appurtenant facilities or equipment
located within City limits that provide commercial wireless service.
Any structure at a fixed location that supports a wireless
communication facility, including any related equipment. This shall
not mean "Wireless Communication Facility, Tower."
Any wireless communication facility that is designed to blend
into the surrounding environment, typically one that is architecturally
integrated into a building or other concealing tower structure, such
that the antennas and related equipment are not visible.
Any structure that is built or constructed for the sole or
primary purpose of supporting wireless communication antennas.
(Amended by Ord. 1339, adopted 5-12-15; Ord. 21-1462, adopted 5-25-21)
(Reserved)
An open space abutting a front, rear, or side lot line of
a lot that is unoccupied and unobstructed from the ground upward,
except as otherwise provided in this article. Yard shall also mean
the required setback area for a building or structure from a property
line (see Figure 9.1.17).
 Figure 9.1.17. Yard Types
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A yard extending along any lot line abutting a street between
the street line and a street setback line on the lot.
A yard parallel and abutting the street right-of-way line,
extending along the full depth of a lot, between the front lot line
or front yard and the rear lot line (see Figure 9.1.17).
A yard extending across the full width of a lot abutting
the front lot line, having at all points the minimum required depth,
which shall be measured at right angles to the front lot line or by
the radial line in the case of a curved front lot line (see Figure
9.1.17).
The area between the rear lot line and the principal building
that extends across the full width of the lot, except on a corner
lot (see Figure 9.1.17).
A yard abutting the side lot lines and extending between
the required front yard and rear yard (see Figure 9.1.17).
A section of the City to which regulations governing the
height, area, use, size of buildings and structures, and other uniform
regulations apply.
See "Official Zoning Map."
