Chapter 3 ZONES AND STANDARDS

Adoption. The boundaries of the zones designated and established by Section 9302 shall be shown on a map. Such map shall be known, cited, and referred to as the Official Zoning Map of the City. Such map, together with all notations, references, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such map were all fully described in this chapter. The original of the Official Zoning Map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said Map shall also be filed with the Public Works Department.

Amendment – Notations. All amendments and changes to the Map shall be published by the City Clerk within 15 days after passage of such amendments. This data shall at that time be filed with the Public Works Director. A new amended Official Zoning Map shall be promptly prepared as directed by the Council, upon which is shown all changes and amendments enacted during the previous period of time. An entry listing the change shall be made on the Official Zoning map.

§ 9306 INTERPRETATION OF ZONE BOUNDARIES.

Replacement. In the event the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Council, by ordinance, may adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereto.

Where uncertainty exists as to the boundaries of any zone shown on the Official Zoning Map, the following rules shall apply:

Where zone boundaries are indicated as approximately following street lines, alley lines, or lot lines, or extensions thereof, such lines shall be construed to be such boundaries.

Where the zone boundary line follows a railroad right-of-way, such zone boundary line shall be construed, unless otherwise indicated, to be located midway between the main tracks of such railroad right-of-way.

Where the zone boundary line follows a stream or other water channel, such zone boundary line shall be construed, unless otherwise indicated, to be located at the limits of the jurisdiction of the City.

Where the zone boundary divides a lot, the location of such boundary line, unless indicated by dimensions, shall be determined by use of the scale appearing on the Official Zoning Map. The Commission shall use Section 9830 of this article as a guide in its determination.

Where zone boundary lines are so indicated that they are approximately parallel to the center lines or street lines of streets, such zone boundary lines shall be construed as being parallel thereto and at such distance therefrom as indicated. If no distance is given, such dimension shall be determined by the use of the scale shown on the Official Zoning Map.

Where any public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the zone classification of the property to which it reverts.

Where uncertainties exist, the City Planner may determine the location of the zone boundary line, applying the rules stated in this section wherever applicable.

§ 9308 ZONING OF ANNEXED AREAS.

When, in the opinion of the Council, it is in the public interest to prezone properties which may be annexed to the City, such action shall be carried out in accordance with Section 9838 of this article. Such action shall be initiated by resolution of the Council, as provided in this chapter.

When annexed property is not prezoned, it shall be considered to be in the R-1-10,000 (Single-Family Residential Zone) at the time of annexation, until otherwise classified. In such an instance, the Commission, within 90 days after the date of the certification of such annexation, shall initiate studies and hearings to determine the appropriate zoning for such property.

§ 9310 ZONE BOUNDARIES AND LOT LINES.

Where a zone boundary line divides a lot in undivided ownership, a Conditional Use Permit may be granted in accordance with the procedures set forth in this article to permit in that portion of such lot, all parts of which are within 50 feet of such zone boundary, any use permitted in the other portion if it is found that:

Such lot was created in good faith and not for the purpose of taking advantage of this article; and

In granting such Conditional Use Permit, the spirit of this article will be observed, public safety secured, and substantial justice done.

§ 9312 RESIDENTIAL ZONES.

§ 9312.02 INTENT AND PURPOSE.

The intent and purpose of these residential zone regulations is to:

Provide for a variety of well-designed and well-maintained housing types and neighborhoods in the community.

Ensure neighborhood areas for residential living contain a broad range of dwelling unit densities consistent with the General Plan and appropriate standards of public health, safety, welfare, and aesthetics.

Designate lands to accommodate housing units that meet the diverse economic needs of the residents.

Encourage residential development that retains the scale and character of existing residential neighborhoods.

Facilitate the provision of adequate light, air, privacy, and open space for each dwelling unit.

Protect residential neighborhoods from incompatible uses.

Purpose of the R-1 Zone. The R-1 Zone is intended to provide for the development of single-family residential areas and to designate appropriately located areas for family living at designated population densities. The provisions of this zone are intended to ensure that the residential character of such areas will be stabilized and maintained. They are further intended to provide a basis for the planning of related amenities, such as parks, schools, public utilities, streets and highways, and other community facilities.

Purpose of the R-2 Zone. The R-2 Zone is intended to provide areas for two residential dwellings per lot in the form of two detached houses, duplexes, or townhouses and to maintain a residential character similar to that found in single-family neighborhoods. The provisions of the zone are intended to ensure that the residential character of such areas will be stabilized and maintained. They are further intended to provide a basis for the planning of related amenities such as parks, schools, public utilities, streets and highways, and other community facilities.

Purpose of the R-3 Zone. The R-3 Zone is intended to provide for the development of multiple-family residential living areas compatible with the neighborhood environment and outdoor recreation potential of the community. Such areas are envisioned as being located and designed to be complementary to adjacent uses and at the same time provide suitable space for multiple-family living quarters.

§ 9312.04 SUB-ZONES OF THE SINGLE-FAMILY RESIDENTIAL ZONE (R-1).

Purpose of the R-3-O Zone. The R-3-O Zone is intended to provide for the development of multiple-family ownership type housing in selected areas compatible with the neighborhood environment. Such areas are envisioned as being located and designed to be complementary to adjacent uses and providing sufficient opportunities for ownership in multiple-family housing.

The R-1 Zone shall be separated into sub-zones to delineate the required minimum lot size. The sub-zones shall be identified by a numerical suffix after the "R-1" designation on the Zoning Map, and each and every area zoned R-1 in the City shall have a numerical suffix appended thereto. Such suffixes shall include one of the following:

R-1 – 5,000 = 5,000 square feet minimum lot size;

R-1 – 6,000 = 6,000 square feet minimum lot size;

R-1 – 7,500 = 7,500 square feet minimum lot size;

R-1 – 8,500 = 8,500 square feet minimum lot size; and

§ 9312.06 RESIDENTIAL ZONES USE REGULATIONS.

R-1 – 10,000 = 10,000 square feet minimum lot size.

Table 9.3.2 identifies the uses permitted in each Residential Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted.

Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.

The "notes and exceptions" column of Table 9.3.2 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

§ 9312.08 RESIDENTIAL ZONES PROPERTY DEVELOPMENT STANDARDS.

Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.2.

Table 9.3.2. Residential Zones Use Regulations
Use	R-1 (all lot sizes)	R-2	R-3	R-3-O	Notes and Exceptions
Residential
Accessory dwelling units	P	P	P	P	Subject to Section 9414
Apartments	NP	P	P	NP
Condominiums	NP	P	P	P
Conversion of buildings to multiple ownership	NP	NP	C	C	Subject to Section 9510
Duplex dwellings	NP	P	P	P	Site Plan Review is required for R-3 and R-3-O
Family day care home, child
large (9-14)	P	P	P	P
small (8 or fewer)	P	P	P	P
Home occupations	P	P	P	P	Subject to Section 9408
Junior accessory dwelling units	NP	NP	NP	NP
Mobile homes/manufactured home parks	C	C	C	C
Multi-family dwellings	NP	NP	P	P
Prefabricated housing	P	P	P	P	Requires Site Plan Review subject to Section 9820
Rooming house	NP	NP	C	NP
Residential care facility
large (7-14)	C	C	C	C
small (6 or fewer)	P	P	P	P
Senior citizen housing development	NP	NP	P	P	Subject to Section 9418
Single-family dwellings (detached)	P	P^a	P^a	P^a	Detached single-family dwellings only
Single resident occupancy	NP	NP	C	NP	Subject to Section 9430.06
Special events	P	P	P	P	Subject to Section 9420
Townhomes	NP	P	P	P
Transitional/supportive housing	P	P	P	P	Subject to Section 9430.06
Two-unit project	P	NP	NP	NP	Subject to Section 9312.08(c)
Public
Utility distribution stations	C	C	C	C
Parks and recreational facilities	C	C	C	C
Public utilities	C	C	C	C	Both publicly and privately owned, providing direct service to the neighborhood
Religious, fraternal, or service organizations	NP	NP	C	C	Includes churches, synagogues, temples, monasteries, and other places of religious worship and other fraternal and community organizations
Schools
public	P	P	P	P	Includes elementary, middle or junior,
private	C	C	C	C	and high schools only
Daycare/preschool	NP	NP	C	C	Nonresidentially improved properties only
Accessory Uses and Structures
Accessory living quarters	P	P	P	P
Domestic animals	P	P	P	P	Subject to Section 9514
Parking - surface and structure	NP	NP	C	C
Small wind energy systems	C	C	C	C
Temporary trailer	P	P	P	P	1 trailer used as a temporary residence during construction of a permanent residence on the same lot with current building permit and limited to a maximum of one 6-month period
Wireless communication facilities	Cc	Cc	C	C	Subject to Section 9426

P = Permitted
NP = Not Permitted
C = Conditional Use Permit required (subject to Section 9824)
^a	Shall be developed to the R-1 5,000 development standards
^b	Minor Conditional Use Permit (subject to Section 9814)
^c	Nonresidentially improved properties only

(Amended by Ord. 1248, adopted 7-28-09; Ord. 1313, adopted 6-11-13; Ord. 1394, adopted 5-22-18; Ord. 20-1436, adopted 2-11-20; Ord. 22-1479, adopted 3-22-22)

Specific Development Standards. Tables 9.3.3 and 9.3.4 identify the development standards for all of the Residential Zones.

Table 9.3.3. R-1 Zone Property Development Standards
Development Standard	Zone
Development Standard	R-1 – 5,000	R-1 – 6,000	R-1 – 7,500	R-1 – 8,500	R-1 – 10,000
Lot area - minimum (sq. ft.)	5,000	6,000	7,500	8,500	10,000
Lot width - minimum (feet)	50′	50′	60′	65′	70′
Lot depth - minimum (feet)	Lot depths shall be within 10% the average depth of the two abutting R-1 lots on both sides of the subject lot located on the same side of the street. Corner lots shall be within 10% the average depth of the adjoining two R-1 lots along the common front yard frontage.
Floor area ratio – maximum ^a	0.45
Lot coverage – maximum	45%
Building height - maximum (feet)^b
main building	28′
accessory building	12′
Front setback (1st floor) - minimum (feet) ^c, ^d	20′
2nd floor front setback - minimum (feet)	At the 2nd story façade facing a front yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a front yard. Any additional portions of a 2nd floor facing a front yard shall be set back a minimum of 5 feet from the 1st floor façade.
Rear setback - minimum (feet) ^d	20′
Side setback (1st floor) - minimum (feet) ^e, ^f	Ten percent lot width, but not less than 5 feet and not to exceed 14 feet
2nd floor side setback - minimum (feet)	At the 2nd story façade facing a side yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a side yard. Any additional portions of a 2nd floor facing a side yard shall be set back a minimum of 5 feet from the 1st floor façade.
Street side setback (1st floor) - minimum (feet) ^d	10′
2nd floor street side setback - minimum (feet)	At the 2nd story façade facing a street side yard, the maximum width of the 2nd floor façade aligned with the 1st floor façade directly below shall be no greater than 40% of the entirety of the 1st floor façade facing a street side yard. Any additional portions of a 2nd floor facing a street side yard shall be set back a minimum of 5 feet from the 1st floor façade.
Dwelling unit size - minimum (sq. ft.) ^g
one bedroom	700
two bedroom	850
three bedroom	1,100
four bedroom	1,300
more than four bedrooms	1,500
Building separation - minimum (feet) ^h
wall to wall	5 feet
eave to eave	3 feet
Walkway width - maximum (feet)	6 feet
Prevailing setbacks	Subject to Section 9534.18
Exceptions to yards, setbacks, and height	Subject to Section 9534
Air conditioning, mechanical roof and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site Plan Review	Subject to Section 9820
Visibility	Subject to Section 9520 and 9534
Wireless Communication Facilities	Subject to Section 9426

Notes:
a	Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources, for a maximum FAR of 0.50, in accordance with the provisions of Section 9312.08(b)(2).
b	Porch features, such as, but not limited to, entry porches, covered patios, and porte-cocheres, must have a top-of-plate height equal to or less than the first floor top-of-plate height of the main structure, not to exceed 12 feet. Top-of-peak height must be equal to or less than the top-of-peak height of the main structure, not to exceed 16 feet. Slope and pitch must be equal to main structure.
c	Unless the property is identified on the prevailing setback map, as adopted by the Commission, in which case the greater of the two setbacks shall apply.
d	Garage setbacks are subject to Sections 9710 and 9534.22.
e	Any decimal fraction shall be rounded up to the nearest inch.
f	1st floor side yard setbacks may be reduced subject to Section 9534.
g	Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
h	Building separation for rear detached garages is also subject to back up triangle requirements located in Section 9710.

Table 9.3.4. R-2, R-3, R-3-O Zone Property Development Standards
Development Standard	Zone
Development Standard	R-2	R-3	R-3-O
Lot area - minimum (sq. ft.)	5,000	10,000	10,000
Lot area per dwelling unit - minimum (sq. ft.)	2,500	1,980 1,815 (for lots greater than 15,000 square feet)	1,980 1,815 (for lots greater than 15,000 square feet)
Lot width - minimum (feet)	50	100	100
Lot depth - minimum (feet)	Lots shall conform to the average depth of adjacent lots
Lot coverage - maximum (percent)	50	50	50
Building height - maximum (feet) main building	30 feet or two stories, whichever is less	35 feet or three stories, whichever is less^a	35 feet or three stories, whichever is less^a
accessory building	12 feet	12 feet	12 feet
Yard setbacks - minimum (feet)
front	20	15	15
rear	20	see note^b	see note^b
Yard setbacks (side) - minimum (feet)
interior	5	5^c	5^c
street	10	7.5	7.5
Dwelling unit size - minimum (sq. ft.)^{d, e}
studio units	NA	500	500
one bedroom	700	600	600
two bedroom	850	800	800
three bedroom	1,100	1,000	1,000
four bedroom	1,300	1,300	1,300
Building separation - minimum (feet)	10	10	10
Main building and detached garage separation - minimum (feet)	5	5	5
Usable open space area per dwelling unit – minimum (sq. ft.)	NA	200	200
Air conditioning, mechanical roof and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Visibility	Subject to Section 9520 and 9534
Wireless communication facilities	Subject to Section 9426

Notes:
a	When abutting R-1 or R-2 zoned property, the variable height requirement shall apply in accordance with Section 9534.24.
b	When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: 20 feet for a one story building, 30 feet for a two story building, and 46 feet for a three story building. When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: no setback required for a one story building, 10 feet for a two story building, and 26 feet for a three story building. When the rear yard area abuts another R-3 Zone the following minimum setbacks are required: 10 feet for a one story building, 15 feet for a two story building, and 20 feet for a three story building.
c	When abutting the R-1 Zone, the minimum setback shall be 10 feet.
d	Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
e	Each additional bedroom over four shall be a minimum of 130 square feet.
NA = Not Applicable

General Development Standards.

Residential Uses. No lot, building, or structure shall be used or appear to be used for commercial purposes and shall not involve the conduct of a business nor contain commercial or industrially rated equipment not customarily used in connection with a residential occupancy, nor be used for the storage of vehicles, equipment, or materials not customarily incidental to the residential use.

Alternative Energy FAR Bonus in the R-1 Zone. Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FAR bonus for providing renewable energy sources. The maximum FAR for the R-1 Zone with the renewable energy bonus is 0.50. The renewable energy sources must provide 50% or greater of a parcel's annual energy requirements.

Renewable energy sources include at least one component from (A) and one component from (B) below:

Either solar water heating or tankless water heater; and

On-site solar photovoltaic or small wind energy applications to provide the remaining renewable energy requirement.

The FAR bonus area shall be incorporated as a one story element in the form of either, but not limited to, a detached accessory building, or incorporation of a front wing, rear wing, side wing, or combination of wings.

Architecture. The architecture and general appearance of the building shall be in keeping with the character of the neighborhood and such as not to be detrimental to the general welfare of the neighborhood in which they are located. For R-1 zoning, all construction shall utilize Design Guidelines for considerations and recommendations regarding characteristic architectural styles and prevailing neighborhood character.

Massing. All residential additions, alterations, and modifications shall to the greatest extent possible, avoid excessive massing of the primary structure, through means of varying rooflines, elevations, and other architectural elements (see Figure 9.3.1). Review and approval of massing of buildings shall be subject to the provisions of Section 9820. For R-1 zoning, see Design Guidelines for considerations and recommendations regarding massing and modulation.

Figure 9.3.1. Mass and Scale

Multiple-Family Building Placement and Design.

Multiple-family buildings shall be designed and located on the site in a manner that avoids long, continuous building walls or "barracks-like" rows of structures that create a "canyon effect." Where multiple units share a common driveway, parking court, or alley, ample space shall be provided to provide vegetation, i.e., shrubs and trees where feasible. Rows of adjacent garages shall be enhanced by architecturally recessing some or all of the garage doors, adding vegetation, or using some other means to lessen the undesirable visual effect of long unbroken planes of garage doors especially where visible from a public right-of-way (see Figure 9.3.2).

No multifamily buildings shall exceed 50 feet in any dimension without architectural articulation of the building façade or mass in order to avoid large, unbroken areas.

Significant wall articulation (i.e., insets, canopies, wing walls, trellises etc.) and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables shall be used to avoid the box-like appearance of long and unbroken façades, flat walls, and roofs of excessive visual prominence.

Figure 9.3.2. Building Placement and Design

Landscaping. Landscaping is required in the front, side, street side and rear yards for all areas not covered by an approved driveway or pedestrian walkway, including but not limited to quantity of trees and three tiered system design, pursuant to Section 9520.

(7)

Front and Street Side Yards. In all residential zones, the front and street side yards shall be landscaped and maintained in good condition and shall be kept free and clear of all construction and automotive materials and parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, discarded or broken materials, appliances, junk, equipment, car cover structures or similar materials and shall not be paved except for approved pedestrian walkways, driveways, and patios. Only temporary parking of vehicles pursuant to Section 9710.02(h) shall be allowed in the front yard.

(8)

Front and Street Side Yards – Maximum Paving (Hardscape).

For properties with a width of 60 feet or greater, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 40% of the area within the total front setback or street side setback.

An additional 10% of hardscape shall be allowed in the front setback or street side setback, provided permeable paving surfaces are used. Pervious concrete may not be used as permeable paving.

A minimum of 50% of the total front setback or street side setback shall remain live vegetation landscape surfaces.

For properties that are less than 60 feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed 50% of the total front setback or street side setback.

(9)

Privacy. The following techniques are encouraged in residential zones to maximize privacy between adjacent properties (see Figure 9.3.3).

Offset or stagger windows facing neighbor's windows;

Use clerestory windows or locate windows high enough in areas with privacy impacts;

Use translucent glass where appropriate;

Use landscaping to provide a buffer between properties;

Screen second story balconies and decks from neighboring property by incorporating architectural elements such as opaque balcony railings;

(vi)

Locate second story balconies and decks to avoid direct sight lines into main windows, yards, or patio area of adjacent property;

(vii)

Incorporate screening devices such as trellises or awnings to increase privacy where appropriate.

Figure 9.3.3. Privacy Techniques

(10)

Usable Open Space.

In the R-3 Zone, every lot shall have not less than 200 square feet of usable open space per dwelling unit. Usable open space for the purposes of this section shall mean a consolidated common open area or recreational facility which is designated and intended to be used for outdoor living and which excludes primary walkways, perimeter landscaping, and required setbacks except the rear yard, and said area shall not have a depth or width of less than 15 feet. No portion of off-street parking spaces; driveways; covered pedestrian access ways; or utility areas such as laundries, clothes drying yards, or trash areas shall constitute usable open space.

Except for the conditions set forth in Section 9312.08(B)(8)(d), a minimum of 50% of required usable open space shall consist of one or more of the following amenities:

Playgrounds, play equipment, and/or tot lots;

Recreational facilities – fountains, sculptures, etc.;

Swimming pools;

Tennis courts, basketball courts, and similar sports courts;

Recreational building(s)/room(s);

(F)

Putting greens;

(G)

Game areas;

(H)

Picnic/barbecue areas; and

(I)

Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.

The remaining required usable open space may be fulfilled by providing one or more of the following amenities:

Landscaping;

Gardens;

Benches; and

Secondary walkways or walks.

Required common open space in the form of decks located above the first floor may be permitted subject to the review and approval of the Commission.

Up to one-half of the usable open space for each unit may be provided in a private patio or balcony having direct access from the unit; provided, however, no dimension thereof shall be less than 10 feet with a minimum area of 100 square feet. Apartments having seven units or less may provide all of the required open space within private patios provided no dimension is less than 10 feet with a minimum area of 200 square feet.

Where usable open space abuts driveways, there shall be provided between such recreational area and the abutting driveway a decorative masonry wall or wrought iron fence not less than three feet in height; where abutting parking areas, there shall be a decorative masonry wall or wrought iron fence with a minimum height of five and one-half feet between such recreational area and the parking area.

(vi)

Usable open space shall not include any portion of a required yard abutting a street, interior side yard area abutting a main building, off-street parking space, required access, walkway, driveway turn-around area, top roof level of any building, or landscaped area between any accessory buildings, except those portions of any accessory building used for recreational purposes.

(vii)

Usable open space, when abutting R-1 or R-2 Zones, shall provide irrigated landscape planter areas not less than five feet in width. Such planter areas shall be maintained with trees and shrubs not less than six feet in height, when planted, which shall obtain a mature height of not less than 15 feet. At maturity, such landscaping shall provide an uninterrupted screen between the R-3 development and the R-1 and R-2 Zones.

(11)

Site Plan Review. Site Plan Review is required in accordance with the provisions of Section 9820 in the R-3 and the R-3-O Zones.

(12)

Motor Vehicle Repair. Motor vehicle repair may be performed under the following conditions:

Repair work shall be restricted to only those motor vehicles currently registered with the California Department of Motor Vehicles to the address in which the repair work is to be conducted.

In those instances where motor vehicles are not currently registered or are registered in states other than California, proof of ownership by the resident of the property shall be provided.

(13)

Recreational Vehicles. In the R-1 and R-2 Zones, self-propelled recreational vehicles, such as motor homes, campers, and vans, having a valid license and being in an operable condition, may be parked on a driveway area within the front yard or street side yard area provided vehicular access to a required garage or carport is not obstructed by such vehicles. Self-propelled and other types of recreational vehicles, including trailers and boats, may be parked or stored on a lot behind the front yard or street side yard area provided vehicular access to a required garage or carport is not obstructed by such vehicles, the vehicles are not parked within a side setback, and they are not parked within five feet of any window or door of a habitable structure. The use of recreational vehicle covers is permitted; however, the covers shall be kept in a well-maintained condition. For the purposes of this section, vehicular access to a required garage or carport shall mean that the garage is fully accessible by a vehicle, without requiring movement of the recreational vehicle (see Figure 9.7.2 for the garage backup triangle).

(14)

Storage Cabinets. In the R-3 Zone, personal property storage cabinets shall be provided for each dwelling unit within each carport and/or garage. Such cabinets shall have not less than 80 cubic feet of area, with a minimum depth of 24 inches, and shall be constructed of one-half inch plywood or other suitable material equipped with hinges and locking devices. The placement of such storage cabinet within the carport or garage shall not interfere with the space required to fully park a vehicle.

(15)

Temporary Structures. In all residential zones, temporary structures, such as canopies, awnings, and the like, shall only be allowed if completely to the rear of the main building. Temporary structures shall not exceed a maximum of 120 square feet or seven feet in height.

(16)

Other Applicable Regulations for Residential Zones. Other applicable regulations in the Residential Zones include, but are not limited to, the supplemental regulations identified in Chapters 4, 5, and 8.

(17)

360° Architectural Design.

Any new construction, alteration, and/or addition on a lot, including, but not limited to, a principal residence, second story, detached accessory structure, enclosed patios, and/or porte-cochere shall follow a singular architectural character and style that extends to all building features including faҫades, roof forms and pitches, materials, and detailing that are visible to the public right-of-way and/or abutting properties. An addition should utilize the characteristics of the style of the existing approved home. Portions of structures not visible to the public right-of-way shall incorporate complimentary elements.

(18)

Single Family Additions and Accessory Structures Design.

New roofs shall be similar in form, pitch, slope and material with the existing permitted house.

Architectural design shall match style, form, color and material of the existing permitted house and extend to all the exterior portions of the structure that are visible to the public right-of-way and/or visible from adjacent properties. Portions not visible shall incorporate complimentary elements.

(19)

Front Entry Orientation.

New architecture, front additions altering the entrance of the dwelling, and remodels altering the entrance of the dwelling shall be designed with the front door oriented towards the street.

(20)

Flat Roofs.

For new architecture and alterations in architectural style, flat roof designs may be incorporated when the existing block is characterized by flat roof architectural styles for at least 30% of the houses on the block.

For additions, flat roof elements may be incorporated when the existing home is entirely flat roof.

Flat roofs shall be permitted for open patios.

(21)

Accessory Buildings.

Accessory buildings, including attached accessory uses, shall be limited to a maximum floor area of 700 square feet, and shall be comprised of one open space with no kitchen facilities or bedrooms. Closets shall be allowed, but each is limited to 50 square feet.

One bathroom, laundry facilities, and one wet sink are allowed.

Multiple accessory buildings, including attached accessory uses, shall be allowed.

A covenant and agreement regarding the maintenance of building and use shall be drafted by staff and recorded by the applicant with the Los Angeles County Registrar/Recorder's Office prior to building permit final inspection.

This section shall not apply to garages and patio covers.

Two-Unit Projects.

Purpose. The purpose of this section is to allow and appropriately regulate two unit projects in accordance with Government Code Section 65852.21.

Definition. A "two unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

Application.

Owners.

Only individual property owners may apply for a two unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 214.15).

Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

An application for a two unit project must be submitted on the City's approved form.

The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this Code for the lot and provide the certificate with the application.

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

Approval.

An application for a two unit project is approved or denied ministerially, by the planning director, without discretionary review.

The ministerial approval of a two unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

Requirements. A two unit project must satisfy each of the following requirements:

Map Act Compliance. The lot must have been legally subdivided.

Zone. The lot is in a single-family residential zone.

Lot Location.

The lot is not located on a site that is any of the following:

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

A hazardous waste site that has not been cleared for residential use.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

Within a 100 year flood hazard area, unless the site has either:

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

Habitat for protected species.

Land under conservation easement.

The purpose of subsection (iii)(A) above is merely to summarize the requirements of Government Code Sections 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).)

The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B)–(K) are satisfied.

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

No Impact on Protected Housing.

The two unit project must not require or include the demolition or alteration of any of the following types of housing:

Housing that is income-restricted for households of moderate, low, or very low income.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last three years.

As part of the two unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (5)(v)(A) above is satisfied.

The sworn statement must state that:

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

No housing that is subject to any form of rent or price control will be demolished or altered.

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(vi)

Unit Standards.

Quantity.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an ADU, or a JADU.

A lot that is not created by an urban lot split may have a two unit project under this section, plus any ADU or JADU that must be allowed under State law and the City's ADU ordinance.

Unit Size.

The total floor area of each primary dwelling built that is developed under this section must be:

Less than or equal to 800, and

More than 500 square feet.

A primary dwelling that was legally established on the lot prior to the two unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two unit project. The unit may not be expanded.

A primary dwelling that was legally established prior to the two unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two unit project.

Height Restrictions.

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor exterior walls; no balcony deck or other portion of the second story may project into the stepback.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two unit project.

Demo Cap. The two unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

Lot Coverage. A maximum lot coverage of 45% is permitted. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

(F)

Open Space. Each unit shall be provided with 300 square feet of useable open space; with a minimum side of 10 feet. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

(G)

Setbacks.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

Exceptions. Notwithstanding subsection (5)(vi)(G)(a) above:

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

800 Square Feet; Four Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:

Be kept free from all structures greater than three feet high;

Be landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

Allow for vehicular and fire-safety access to the front structure.

(H)

Parking. Each new primary dwelling unit must have at least one enclosed off-street parking space, within a garage, per unit unless one of the following applies:

The lot is located within one-half (0.5) mile walking distance of either:

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

A site that contains:

An existing rail or bus rapid transit station,

ii.

A ferry terminal served by either a bus or rail transit service, or

iii.

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

The site is located within one block of a car-share vehicle location.

(I)

Architecture.

If there is a legal primary dwelling on the lot that was established before the two unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

If there is no legal primary dwelling on the lot before the two unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

All new residential development is subject to compliance with objective R-1 design standards within this chapter. All new residential development is subject to the guideline and objective architecture checklist.

All exterior lighting must be limited to down-lights.

No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(J)

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

At least one 15 gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for every 10 linear feet of exterior wall.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

All landscaping must be drought-tolerant.

All landscaping must be from the City's approved plant list.

(K)

Tree Preservation. In cases where an addition or new construction is being proposed to provide for urban dwelling, the property owner must not remove mature trees on site. A mature tree is defined as trees with a diameter-at-breast-height (DBH) of 19 inches or greater. A removal includes moving a tree or removing more than 1/3 of a tree's vegetation. In addition to preservation of the tree, the owner must record a covenant showing the location of the mature tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the tree from being topped, and that the City must approve of any removal of the tree.

(L)

Nonconforming Conditions. A two unit project may only be approved if all nonconforming zoning conditions are corrected.

(M)

Utilities.

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

Notwithstanding subsection (5)(vi)(M)(a) above, a primary dwelling unit may have a direct utility connection to an on-site wastewater treatment system in accordance with this paragraph and the City's Code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

All utilities must be underground.

(N)

Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.

(O)

LEED Platinum Certification. The property owner must demonstrate that the property has achieved LEED Platinum certification. This requirement does not apply to conversions of and additions to existing buildings.

(P)

Exceptions to Objective Standards. Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside. Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.

Lot coverage;

Floor area ratio;

Open space;

Tree preservation;

Articulation;

Second floor stepback.

(vii)

Fire-Hazard Mitigation Measures.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

All enclosed structures on the site must have fire sprinklers.

All sides of all dwellings on the site must be within a 150 foot hose-pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

(viii)

Separate Conveyance.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted within the lot.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

No timeshare, as defined by State law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(ix)

Regulation of Uses.

Residential-Only. No non-residential use is permitted on the lot.

No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(x)

Notice of Construction.

At least 30 business days before starting any construction of a two unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

Notice that construction has been authorized,

The anticipated start and end dates for construction,

The hours of construction,

Contact information for the project manager (for construction-related complaints), and

Contact information for the Building and Safety Department.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(xi)

Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

Expressly prohibits any non-residential use of the lot.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

Property owner must provide for an inspection by City officials every six months for the first three years to ensure the property owner is living on site. The property owner must pay the special inspection fee as set forth in the City's fee resolution.

Limits development of the lot to residential units that comply with the requirements of this section, except as required by State law.

Specific Adverse Impacts.

Notwithstanding anything else in this section, the City may deny an application for a two unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(7)

Remedies. If a two unit project violates any part of this Code or any other legal requirement:

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

The City may:

Bring an action to enjoin any attempt to sell, lease, or finance the property.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

Pursue criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

Record a notice of violation.

Withhold any or all future permits and approvals.

(F)

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.

(Amended by Ord. 1248, adopted 7-28-09; Ord. 21-1462, adopted 5-25-21; Ord. 22-1479, adopted 3-22-22)

§ 9314 COMMERCIAL ZONES.

§ 9314.02 INTENT AND PURPOSE.

The intent and purpose of these Commercial Zone regulations is to:

Provide appropriately located areas consistent with the General Plan for a full range of office, retail commercial, and service commercial uses needed by residents and businesses of, and visitors to, the City and region;

Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities;

Create suitable environments for various types of commercial uses, and protect them from the adverse effects of incompatible uses;

Promote the creation of vibrant and attractive commercial districts desirable to professionals working in the high-tech and biomedical fields, while also minimizing the impact of commercial development on adjacent, neighborhood-oriented residential districts;

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located; and

Ensure the provision of adequate off-street parking and loading facilities.

Purpose of the C-P Zone. The C-P Zone is intended to provide for the development of integrated office and professional areas wherein related types of uses and facilities may also be located. The provisions of this zone are intended to encourage the most desirable relationship of permitted uses and to provide a transition between more intensive commercial activities and residential areas.

Purpose of the C-1 Zone. The C-1 Zone is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area.

Purpose of the C-2 Zone. The C-2 Zone is intended to provide for and encourage the orderly development of general commercial uses, with a wide variety of goods and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development.

Purpose of the C-3 Zone. The C-3 Zone is intended to provide for the development of intense commercial and service uses in the City in order to serve the broadest community and regional needs. This area will provide a wide variety of goods and services in establishments whose operating characteristics attract them to a central location in the City and which require good exposure in a readily identifiable and accessible setting. The provisions of this zone are designed to ensure that such activities will be compatible with abutting noncommercial development and to minimize any effects of older development, heavy traffic, or other operating characteristics.

Purpose of the C-M Zone. The C-M Zone is intended to provide a flexible range of commercial, wholesale, and light manufacturing uses that can be operated in harmony with each other and in a clean and orderly manner. The areas designated for the commercial and manufacturing zone are suitable for both types of uses in combination with each other or individually. The limitations imposed upon such uses are intended to control the intensity of use and effect upon surrounding areas.

§ 9314.04 COMMERCIAL ZONES USE REGULATIONS.

Purpose of the H-M Zone. The H-M Zone is intended to provide for and encourage the orderly development of a wide variety of hospital and biomedical uses that facilitate the growth of businesses during all stages of the business cycle. It also allows professional offices, personal and professional services, and retail uses that are compatible with, and supportive of, uses permitted within the zone and with uses in adjacent zones.

(Amended by Ord. 1397, adopted 7-10-18)

Table 9.3.5 identifies the uses permitted in each Commercial Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted.

Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.

The "notes and exceptions" column of Table 9.3.5 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

§ 9314.06 COMMERCIAL ZONES PROPERTY DEVELOPMENT STANDARDS.

Table 9.3.5. Commercial Zones Use Regulations (P = Permitted NP = Not Permitted C = Conditional Use Permit)
Use	C-P	C-1	C-2	C-3	C-M	H-M	Notes and Exceptions
Automobile and Other Vehicle Sales, Services, and Equipment
Automobile, light truck, and motorcycle sales, new	NP	NP	P	P	P	NP	Does not include broker and/or wholesale offices
Automobile, light truck, and motorcycle sales, used	NP	NP	C	C	C	NP	Subject to Section 9404
Automobile accessories and parts stores	NP	NP	P	P	P	NP	No repair facilities allowed
Automobile paint and body	NP	NP	P	P	P	NP	Only when on same site and in conjunction with a new automobile, light truck, or motorcycle dealership
Automobile rental agencies	NP	NP	C	C	C	NP
Automobile repair	NP	NP	C	C	P	NP	Permitted (P) in all commercial zones when on same site and in conjunction with a new automobile, light truck, or motorcycle dealership
Automobile wholesale and broker offices	NP	NP	C	C	C	NP
Carwash, full-service, self service and coin operated	NP	NP	C	C	P	NP	Subject to Section 9406
Mobile homes/manufactured home sales	NP	NP	C	C	C	NP
Recreational vehicle sales	NP	NP	C	C	C	NP	Includes boats, trailers, campers, and other recreational vehicles
Service stations	NP	C	C	NP	C	NP	Subject to Section 9406; one tow truck may be permitted (P); outdoor storage of impounded or damaged vehicles is prohibited
Truck and trailer sales	NP	NP	C	C	C	NP	Includes heavy equipment. Subject to Section 9404
Towing services	NP	NP	NP	NP	C	NP
Vehicle impound and storage yard	NP	NP	NP	NP	C	NP
Eating and Drinking Establishments
Bars, taverns, pubs, micro-breweries w/food and drink	NP	NP	C	C	C	NP	Accessory uses such as billiards, pool tables, darts, and game machines are also allowed
Bakeries	NP	P	P	P	P	NP	Shall have retail component
Liquor stores and other off-sale alcohol establishments	NP	C	C	C	C	NP
Night clubs	NP	NP	C	C	C	NP
Restaurants, cafés, coffee establishments	P	P	P	P	P	P	For C-P & H-M zones, use shall not exceed 10% of gross floor area of building
with alcohol sales	C	C	C	C	C	C
with drive-thru	NP	C	C	C	C	NP	Subject to Section 9406 if drive-thru facilities are provided
with live entertainment	C*	NP	C	C	C	NP	Outdoor seating/dining areas are subject to Site Plan Review in accordance with Section 9820 *The building housing a restaurant shall be a minimum of 100 ft. from the nearest residentially-zoned property
Financial, Professional Services and Office Uses
Check cashing	NP	NP	P	P	P	NP
Financial services	P	P	P	P	P	NP	Drive-thru window or drive-thru ATM requires a Conditional Use Permit (C) in any zone
Group counseling	NP	NP	NP	NP	C	C
Medical outpatient services	NP	NP	P	P	NP	P
Offices							Does not include new and/or used vehicle brokers or wholesale offices
business and professional	P	P	P	P	NP	NP
medical	P	P	P	P	NP	P
General Commercial Uses
Adult businesses	NP	NP	C	NP	C	NP	Subject to Section 9402
Animal sales and services
animal sales	NP	NP	P	P	P	NP
boarding/kennels	NP	NP	C	C	P	NP
feed and supplies	NP	P	P	P	P	NP
grooming	NP	P	P	P	P	NP
hospitals/veterinary	NP	NP	C	C	P	C
Arcades, video games	NP	NP	C	C	NP	NP
Auction house	NP	NP	NP	NP	P	NP
Audio and video broadcasting	NP	NP	C	C	P	NP	Includes recording studios
Banquet facilities, ballrooms, and concert halls	NP	NP	C	C	C	NP
Biomedical use	NP	NP	NP	NP	P	P
Blueprint and photocopy services	P	P	P	P	P	NP
Body art or tattoo facilities	P	P	P	P	P	P	Subject to Section 9432; permitted in Specific Plan areas where Personal Service permitted subject to DMC Section 9432
Bookbinding	NP	NP	NP	NP	P	NP
Building/contractor supplies	NP	NP	NP	NP	P	NP	Includes equipment renting and leasing
Cabinet making and carpenter shops	NP	NP	C	NP	P	NP
Caretakers' residences	NP	NP	NP	NP	P	NP
Catering companies	NP	NP	P	P	P	NP
Commercial recreation	NP	NP	C	C	C	NP
Convention and exhibition halls	NP	NP	NP	C	C	NP
Christmas tree and pumpkin sales	P	P	P	P	P	P	Subject to Section 9420.14
Cyber cafés	NP	NP	C	C	NP	NP
Day care center
adult	C	C	C	C	C	C
child	C	C	C	C	NP	C
Day spa	NP	NP	C	C	C	NP
Fax and photocopy services	P	P	P	P	P	NP
Firework stands	NP	P	P	P	P	NP	Subject to Section 9518
Food product manufacturing	NP	NP	NP	NP	C	NP	Includes processing and storage; excludes lard, pickles, sausage, sauerkraut, and vinegar
Fortune telling	NP	NP	C	C	C	NP
Funeral services	NP	NP	P	P	P	NP
Hotels	NP	NP	C	C	C	C
Janitorial supplies and services	NP	NP	P	P	P	NP
Kiosks
permanent	C	C	C	C	C	C
temporary or semi-permanent	C	C	C	C	C	C
Laboratories	NP	NP	NP	NP	C	C	Testing only laboratories permitted (P) in H-M Zone
Laundries
limited	P	P	P	P	P	P
unlimited	NP	NP	NP	NP	C	C
Machine shop and tool repair	NP	NP	NP	NP	P	NP
Mail and shipping services	P	P	P	P	P	NP
Massage therapy establishment	NP	NP	C	C	C	NP	Subject to standards set forth in Chapter 5 of Article VI of the Downey Municipal Code
Medical equipment sales	NP	NP	NP	NP	NP	P	Includes prostheses
Metal stamping	NP	NP	NP	NP	P	NP
Minor commercial recreation	NP	C*	C*	C*	C*	NP	*Minor Conditional Use Permit (subject to Section 9814)
Motels	NP	NP	C	C	C	NP	Subject to Section 9412
Motion picture production	NP	NP	NP	NP	P	NP
Parking – surface and structure	NP	P	P	C	P	C
Passenger stations, bus and rail	NP	NP	P	P	P	C
Personal improvement services	NP	NP	P	P	NP	NP
Personal services	P	P	P	P	P	P
Pest control services	NP	NP	NP	NP	P	NP
Pharmacies	NP	P	P	P	P	P
Plastic, rubber, packing manufacturing	NP	NP	NP	NP	P	NP
Plumbing, electrical, mechanical shops and services	NP	NP	P	P	P	NP
Printing shops	NP	NP	P	P	P	NP
Public utility offices	P	P	P	P	P	NP
Recycling collection center	NP	NP	C	C	C	NP
Repair services, consumer	NP	NP	P	P	P	NP	Repair of personal and household items, excluding automobile repair or items used primarily for business
Research and development	NP	NP	NP	NP	P	C
Restaurant/hotel supply and services	NP	NP	P	P	P	NP
Rug cleaning plants	NP	NP	NP	NP	P	NP
Schools, business, professional, trade, technical or vocational	NP	NP	C	C	C	C
Schools, medical	C	NP	NP	C	C	P
Silk screening	NP	NP	NP	NP	P	NP
Smoke, cigar, hookah lounges	NP	NP	C	C	C	NP
Swap meets & flea markets	NP	NP	C	C	C	NP
Tanning salons	NP	NP	C	C	C	NP
Textile, clothing, manufacturing	NP	NP	NP	NP	P	NP
Tobacco Retailer	NP	P	P	NP	NP	NP	Shall be a minimum of 1,000 feet from any park, child day care center, or school, as measured from the property line of the park, child day care center, or school to the proposed tenant space for the tobacco retailer. All tobacco retailers, as defined in Section 9160 of this article, in operation on or before December 26, 2024 shall be considered "Retail Sales, New" establishments, as defined in Section 9154 of this Article. Tobacco retailer establishments in operation on or before December 26, 2024 shall be considered Retail Sales, New establishment until the establishment ceases operations pursuant to Section 9410.06 (b)(c) and (d) of this article.
Tutoring centers	NP	NP	C	C	C	NP
Upholstery, re-upholstery	NP	NP	NP	NP	P	NP
Utility distribution stations	C	C	C	C	C	C
Wedding chapels	NP	NP	P	C	P	NP	Does not include churches and other places of religious worship
Welding shops	NP	NP	NP	NP	P	NP	Conditional Use Permit (C) required if less than 200 feet from any Residential Zone
Wood products manufacturing	NP	NP	NP	NP	P	NP
Other Uses
Ambulance service	NP	NP	NP	NP	NP	C
Auction house	NP	C	C	C	C	NP
Churches and other places of religious worship	C	C	C	C	C	NP	Does not include wedding chapels
Colleges, public or private	NP	NP	C	C	C	C
Convalescent hospitals/nursing homes/assisted living facilities	NP	NP	C	C	C	P	Subject to Sectuftion 9422
Cultural institutions	C	C	C	C	C	NP
Emergency shelters, up to 30 occupants	NP	NP	NP	NP	NP	P	Subject to Section 9430.04
Emergency shelters, more than 30 occupants	NP	NP	NP	NP	NP	C	Subject to Section 9430.04
Fraternal and service organizations	C	C	C	C	C	C
Hospitals	NP	NP	P	P	C	P	Does not include convalescent hospitals and nursing homes
Medical services	NP	NP	NP	NP	NP	C	Includes psychiatric centers, short-term care facilities for the mentally ill, alcohol treatment centers
Parks and recreational facilities	C	C	C	C	C	NP
Public buildings and facilities	C	C	C	C	C	NP	Libraries, governmental buildings, police and fire stations
Schools							Includes elementary, middle or junior, and high schools only
public	P	P	P	P	P	P
private	C	C	C	C	C	C
Senior citizen housing development	NP	NP	NP	P	P	P	Subject to Section 9418
Single resident occupancy	NP	NP	NP	NP	NP	P	Subject to Section 9430.06
Small wind energy systems	C	C	C	C	C	C
Transitional/supportive housing	NP	NP	NP	NP	NP	P	Subject to Section 9430.06
Wireless communication facilities	C	C	C	C	C	C	Subject to Section 9426
Retail Sales
Antique and collectible stores	NP	P	P	NP	P	NP	Objects more than 40 years old
Florist shops	NP	P	P	P	P	NP
Drug stores	NP	NP	P	P	P	NP	With or without pharmacies
Nurseries and garden supply stores	NP	NP	P	NP	P	NP
Retail sales, new	NP	P	P	P	P	NP
Retail sales, used	NP	NP	C	C	C	NP
Wholesale, Storage and Distribution Uses
Parcel delivery terminals	NP	NP	NP	NP	P	NP
Refrigeration plant	NP	NP	NP	NP	P	NP
Self-storage, mini-storage, mini-warehouse, and recreational vehicle storage	NP	NP	NP	NP	C	NP	Subject to Section 9416
Storage yards	NP	NP	NP	NP	P	NP	Includes building materials, fleet storage, lumber yards, machinery rental, trucking yards and terminals, transit storage, road equipment
Warehouse	NP	NP	NP	NP	P	NP	Flammable, chemical, or other hazardous material storage requires Fire Department approval
Wholesale brokers, jobbers, dealers, distributors	NP	NP	NP	NP	P	NP
Wholesale garment sewing	NP	NP	NP	NP	P	NP

(Amended by Ord. 1248, adopted 7-28-09; Ord. 1313, adopted 6-11-13; Ord. 1316, adopted 7-9-13; Ord. 18-1395 adopted 6-26-18; Ord. 18-1397, adopted 7-10-18; Ord. 19-1417, adopted 9-24-19; Ord. 22-1481, adopted 4-26-22; Ord. 24-1516, 12/10/2024)

Specific Development Standards. Table 9.3.6 identifies the development standards for all of the Commercial Zones.

Table 9.3.6. Commercial Zone Property Development Standards
Development Standard	Zone
Development Standard	C-P	C-1	C-2	C-3	C-M	H-M
Lot area - minimum (square feet)	6,000	6,000	10,000	10,000	87,120	6,000
Lot width - minimum (feet)	60	60	100	100	290	60
Lot depth - minimum (feet)	100	100	100	100	300	100
Floor area ratio - maximum	2.0	0.25	1.4	3.0	NA	2.0
lots 87,120 square feet or greater	NA	NA	NA	NA	0.60	NA
lots under 87,120 square feet	NA	NA	NA	NA	0.50	NA
Lot coverage - maximum (percent)	50	50^a	50	50	NA	50
Building height - maximum (feet or stories, whichever is less)^b	75 feet or 5 stories	20 feet or 1 story	45 feet or 3 stories	105 feet or 7 stories	150 feet or 10 stories	75 feet or 5 stories
Yard setbacks - minimum (feet)
front^c	10	20	15	NR	20	10
rear
abutting a residential zone	46	46	46	46	46	46
abutting nonresidential zone	15	15	15	15	15	15
side
interior
abutting a residential zone	46	46	46	46	46	46
abutting a nonresidential zone	5	5	NR	NR	NR	See note^e
street (abutting major roads)^c, ^d	10	20	15	NR	20	10
street (abutting all other streets)^c	5	5	5	5	15	10
Building separation - minimum (feet)	20	20	20	20	20	20
Air conditioning, mechanical roof and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Trash enclosure	Subject to Section 9528
Visibility	Subject to Sections 9520 and 9534
Wireless communication facilities	Subject to Section 9426

Notes:
a	A mezzanine may be permitted in the C-1 Zone provided it does not exceed 30% of the square footage of the ground floor area.
b	When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.
c	Parking not permitted in the front or street side setbacks.
d	Major streets are defined as major, primary, and/or second arterials, as identified in the General Plan.
e	Side setbacks shall be five feet for the first and second floors; 10 feet for the third and fourth floors; and 15 feet for the fifth floor.
NA = Not Applicable
NR = No Requirement

General Development Standards.

Conduct of Uses. All uses shall be conducted entirely within a completely enclosed building, except for off-street parking and loading facilities. Businesses which require an open sales, service, and/or display area may be permitted modifications from this requirement when approved by the City Planner. In the C-2, C-3, and C-M Zones, outdoor activities and storage uses shall be screened from the public view by a solid decorative masonry wall or opaque ornamental fence not less than seven feet in height. No chain-link fences are allowed. Displays and storage shall not exceed the height of the permitted fence.

Outdoor Dining. Notwithstanding the provisions of Section 9314.06(B)(1), restaurants, cafés, coffee establishments, and other eating establishments may have an outdoor eating/dining area, subject to approval of a Minor Conditional Use Permit by the City Planner. Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than 42 inches in height that does not impede pedestrian movement, ADA access, or access to adjacent properties (Figure 9.3.4). No chain-link fences are allowed.

Landscaping. At least 10% of the total developed portion of the site in every Commercial Zone shall be devoted to landscaping as defined herein. At least 5% of the required landscaping shall be in the parking areas. Landscaping is required in front and street side yards in all Commercial Zones. Specific landscaping requirements are set forth in Section 9520 of this article.

Figure 9.3.4 Outdoor Dining

Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in all Commercial Zones in accordance with the provisions of Section 9820.

(Amended by Ord. 1257, adopted 2-9-10; by Ord. 1262, adopted 07-27-10)

§ 9316 MIXED-USE ZONE.

§ 9316.02 INTENT AND PURPOSE.

The intent and purpose of the Mixed-Use Zone is to:

Encourage mixed-use buildings with retail, office, service, and/or other uses on the ground floor and residential units above the nonresidential space;

Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life;

Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City; and

§ 9316.04 MIXED-USE ZONE USE REGULATIONS.

Promote the health and welfare of City residents by encouraging physical activity, reducing vehicular traffic, encouraging alternative transportation where possible, and promoting greater social interaction.

Table 9.3.7 identifies the uses permitted in each Mixed-Use Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted.

Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.

The "notes and exceptions" column of Table 9.3.7 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

§ 9316.06 MIXED-USE ZONE PROPERTY DEVELOPMENT STANDARDS.

Table 9.3.7. Mixed-Use Zone Use Regulations
Use	M-U	Notes and Exceptions
Residential
Apartments	P
Condominiums	P
Family day care home, child
large (9-14)	P
small (8 or fewer)	P
Home occupations	P	Subject to Section 9408
Multi-family dwellings	P
Residential care facility
large (7-14)	C
small (6 or fewer)	P
Senior citizen housing development	C	Subject to Section 9418
Mixed-Use
Mixed-use buildings and development	P
Commercial
Animal sales and services
animal sales	P
boarding/kennels	NP
feed and supplies	P
grooming	P
hospitals/veterinary	P
Antique and collectible stores	P	Objects more than 40 years old
Bakeries	P	Wholesale excluded
Bars and nightclubs	C	Accessory uses such as billiards, pool tables, darts, and game machines are also allowed
Commercial recreation	C
Financial services	P	Drive-thru or ATM requires a Conditional Use Permit (C) in any zone
Cultural institutions	C
Hotel	P
Kiosks
permanent	C
temporary or semi-permanent	C
Laboratories	C
Laundry
limited	P
unlimited	NP
Liquor stores and other off-sale alcohol establishments	C
Live/work unit	C
Minor commercial recreation	C*	*Minor Conditional Use Permit (subject to Section 9814)
Offices		Does not include new and/or used vehicle brokers or wholesale offices
business and professional	P
medical and dental	P
Parking – surface and structure	C
Restaurants, cafes, coffee establishments	P	Outdoor seating/dining areas are subject to Site Plan Review in accordance with Section 9820.
with alcohol sales	C
with drive-thru	NP
with live entertainment	C
Retail sales, new	P
Retail sales, used	C	Excludes pawnshops
Public Uses
Public utilities	C	Both publicly and privately owned, providing direct service to the neighborhood
Parks and recreational facilities	C
Religious, fraternal, or service organizations	C	Includes churches, synagogues, temples, monasteries, and other places of religious worship and other fraternal and community organizations
Schools		Includes elementary, middle or junior, and high schools only
public	P
private	C
Utility distribution stations	P
Accessory Uses and Structures, and Other Uses
Accessory living quarters	P
Domestic animals	P	Not more than three domestic animals are permitted (P) per residential dwelling unit except that newborn and baby animals up to four months shall not be counted.
Small wind energy systems	C
Wireless communication facilities	C	Subject to Section 9426

P = Permitted

NP = Not Permitted

C = Conditional Use Permit required (subject to Section 9824).

(Amended by Ord. 1395, adopted 6-26-18; Ord. 20-1436, adopted 2-11-20)

Specific Development Standards. Table 9.3.8 identifies the development standards for the Mixed-Use Zone.

Table 9.3.8. Mixed-Use Zone Property Development Standards
Development Standard	MU Zone
Lot area - minimum (square feet)	7,500
Lot width - minimum (feet)	NR
Lot depth - minimum (feet)	NR
Floor area ratio	4.0
Residential density - maximum	24 du/ac
Building height - maximum (feet)^a	75 feet or 5 stories, whichever is less
Yard setbacks - minimum (feet)
front	NR
rear
abutting a residential zone	20
abutting nonresidential zone	NR
side
interior
abutting a residential zone	20
abutting a nonresidential zone	NR
street	NR
Building separation - minimum (feet)	NR
Air conditioning, mechanical roof and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Trash enclosure	Subject to Section 9528
Visibility	Subject to Section 9520 and 9534
Wireless communication facilities	Subject to Section 9426

Notes:
NR = No Requirement
du/ac = dwelling unit per acre
a	When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.

General Development Standards.

Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in the Mixed-Use Zone in accordance with the provisions of Section 9820.

Transparency.

For ground floor retail uses, a minimum of 60% of the street-facing building façade between two feet and eight feet in height must be composed of clear windows that allow unobstructed views of indoor space or product display areas.

The bottom of any window or product display window used to satisfy the transparency standard may not be more that three feet above the adjacent sidewalk.

Doors and Entrances.

Buildings shall have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.

Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

Conduct of Uses. Businesses which require an open sales, service, and/or display area may be permitted subject to approval by the City Planner. Outdoor activities and storage uses shall be screened from the public view by a solid decorative masonry wall or opaque ornamental fence not less than seven feet in height. No chain-link fences are allowed. Displays and storage shall not exceed the height of the permitted fence.

Outdoor Dining. Notwithstanding the provisions of the preceding paragraph, restaurants, cafes, coffee establishments and other eating establishments may have an outdoor eating/dining area, subject to approval of a Site Plan Review by the Commission. Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than 42 inches in height that does not impede pedestrian movement, ADA access, or access to adjacent properties. No chain-link fences are allowed.

§ 9316.08 MIXED-USE ZONE PERFORMANCE STANDARDS.

Open Space. Residential mixed-use development shall provide open space in accordance with the provisions of Section 9312.08(B)(8). Green roofs, plazas, and courtyards may partially fulfill open space requirements as determined appropriate by the Commission through the Site Plan Review process in accordance with the provisions of Section 9820.

Purpose. The purpose of this section is to ensure that residential uses in the mixed-use zone are not adversely impacted by the adjacent commercial uses, including, but not limited to traffic, noise, and safety impacts. In the interests of both the residents and the businesses, no mixed-use project combining residential and commercial uses on the same site shall be approved unless the project is designed to meet the following performance standards, in addition to all other applicable regulations of this article.

Noise.

Residential units shall be constructed so that interior noise levels do not exceed 45 dB(A) CNEL in any habitable room.

Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents.

Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.

Security.

The residential units shall be designed to ensure the security of residents, including, but not limited to, the provision of separate and secured entrances and exits that are directly accessible to secured parking areas.

Nonresidential and residential uses located on the same floor shall not have common entrance hallways or common balconies.

Parking spaces for nonresidential and residential uses shall be specifically designated by posting, pavement marking, and/or physical separation.

Lighting.

All outdoor lighting associated with commercial uses shall be designed so as not to adversely impact surrounding residential uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high intensity or brightness.

Parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.

Odors, Dust, Vibration. No commercial use shall be designed or operated so as to expose residents to offensive odors, dust, electrical interference, and/or vibration.

Solid Waste Storage and Location. The residential units shall maintain a separate refuse storage container from that used by the commercial uses. It shall be clearly marked for residential use only and use by commercial uses is prohibited.

Green Roofs. Performance standards for green roofs shall be required through the Site Plan Review process in accordance with the provisions of Section 9820.

§ 9318 MANUFACTURING ZONES.

§ 9318.02 INTENT AND PURPOSE.

The intent and purpose of these Manufacturing Zone regulations is to:

Provide appropriately located areas consistent with the General Plan for a broad range of manufacturing and service uses;

Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities;

Promote the creation of vibrant and attractive manufacturing districts desirable to professionals working in the high-tech and biomedical fields, while also minimizing the impact of manufacturing uses on adjacent, commercial and neighborhood-oriented residential districts.

Purpose of the M-1 Zone. The M-1 Zone is intended to provide an orderly development and grouping together of light manufacturing uses and appropriate biomedical uses that facilitate the growth of businesses during all stages of the business cycle in harmony with each other and the rest of the community. The provisions of this zone are designed to ensure that such uses will be protected from inharmonious uses and to minimize the undesirable effects of heavy traffic or other operating characteristics.

§ 9318.04 MANUFACTURING ZONES USE REGULATIONS.

Purpose of the M-2 Zone. The M-2 Zone is intended to provide for the orderly development of general manufacturing, research and development, wholesale and distribution, warehousing, biomedical uses that facilitate the growth of businesses during all stages of the business cycle, and other compatible uses within the community. The provisions of this zone are intended to ensure that industrial development will be protected from intrusion by inharmonious uses, that it will be provided with adequate space and accessory facilities, and that abutting non-industrial areas will be protected from potential conflicts with industrial development.

(Amended by Ord. 1397, adopted 7-10-18)

Table 9.3.9 identifies the uses permitted in each Manufacturing Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted.

Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.

The "notes and exceptions" column of Table 9.3.9 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

§ 9318.06 MANUFACTURING ZONES PROPERTY DEVELOPMENT STANDARDS.

Table 9.3.9. Manufacturing Zones Use Regulations (P = Permitted NP = Not Permitted C = Conditional Use Permit required subject to Section 9824)
Use	M-1	M-2	Notes and Exceptions
Manufacturing Uses
Biomedical use	P	P
Electronics	P	P	Includes electrical and related parts, appliances, devices, engines, motors, televisions, radios
Equipment, instruments and medical/dental products and components	P	P	Includes electronic, medical and dental tools, prosthetics, precision, measuring
Food products	P	P	Includes ice; excludes lard, pickles, sausage, sauerkraut, and vinegar
Office and related machinery	P	P	Includes audio and visual machinery, computers
Pharmaceuticals	P	P	Includes cosmetics, drugs, perfumes, toiletries
Laboratories, dry	P	P
Laboratories, wet	C	C
Finished products	P	P	From the following product types: canvas, clay, cloth, cork, felt, glass, leather, paper, plaster, plastics, stones, textiles, wood, and yarns
Heavy manufacturing	NP	C	Includes asphalt and products; brick tile and terra cotta (clay); babbit metal; bleaching powder; building blocks; celluloid; concrete and products
Services
Adult businesses	C	C	Subject to Section 9402
Appliance repairs and service	P	P
Animal sales and services
animal sales	P	P
boarding/kennels	C	C
feed and supplies	P	P
grooming	P	P
hospitals/veterinary	P	P
Auction house	C	C
Automobile rental	C	C
Automobile, light truck, and motorcycle repair	P	P
Blueprint and photocopy services	P	P
Carpet and rug cleaning	P	P
Catering establishments	C	C
Cold storage plants	C	C
Cleaning and dyeing	P	P
Electroplating	C	C
Financial services	P	P	Drive-thru or ATM requires a Conditional Use Permit (C) in any zone
Freight terminals (truck terminals)	C	C
Fumigation contractors	P	P
Kiosks
permanent	C	C
temporary or semi-permanent	C	C
Laundries
limited	P	P
unlimited	P	P
Machine shops and tool repair	P	P
Metal fabrication	P	P	Requires Conditional Use Permit (C) if within 200 feet of a residential zone
Newspaper printing and publishing	P	P
Offices			Does not include new and/or used vehicle brokers or wholesale offices
business and professional	P	P
medical	C	C
Pest control operators and services	P	P
Plumbing, electrical, mechanical shops and services	P	P
Printing, and photocopy services	P	P
Public scales	P	P
Recycling collection center	C	C
Refrigeration repairs and services	P	P
Research and development	P	P
Restaurants, cafes, coffee establishments	P	P	Subject to Section 9406 if drive-thru facilities are
with alcohol sales	C	C	provided.
with drive-thru	C	C	Outdoor seating/dining areas are subject to Site Plan
with live entertainment	NP	NP	Review in accordance with Section 9820.
Rug cleaning plants	P	P
Service stations	C	C	Automobile and truck
Silk screening	P	P
Swap meets and flea markets	P	P
Technical, trade, or vocational schools	P	P
Tire retreading	NP	P
Wholesale, Storage, Distribution, and Warehouse Use (Businesses using compressors and fixed motorized equipment require a Conditional Use Permit)
Parcel delivery terminals	P	P
Refrigeration plant	P	P
Self-storage, mini-storage, mini-warehouse and recreational vehicle storage	C	C	Subject to Section 9416
Storage facilities	P	P
Storage yards	P	P	Includes building materials, fleet storage, lumber yards, machinery rental, trucking yards and terminals, transit storage, road equipment
Warehouse	P	P	Flammable, chemical, or other hazardous material storage requires Fire Department approval
Wholesale offices for automobiles, motorcycles, and trucks	C	C
Wholesale brokers, jobbers, dealers, distributors, warehouses, storage	P	P
Limited Location Uses (Must be located at least 200 feet or greater from Residential Zone)
Assembly plants	P	P
Automobile and truck paint and body	P	P
Bakeries	P	P	No retail is permitted
Bottling plants and bottle making	P	P
Can manufacturing	P	P
Cesspool manufacture and sales	NP	P
Crate manufacturing and sales	P	P
Foundries, aluminum (electric or low pressure)	NP	P
Furniture manufacturing and assembly	P	P
Machine shops	P	P
Rubber processing	NP	P	Raw rubber melting not allowed
Soft drink manufacture and bottling	NP	P
Truck and trailer repair	P	P
Cement bulk storage silos	NP	P	Must be located 500 feet or greater from Residential Zone
Dairy product manufacturing and warehousing	NP	P	Manufacturing must be located 500 feet or greater from Residential Zone
Other Uses
Ambulance service	C	C
Audio and video recording studios	P	P
Automobile tow storage yards	C	C	Includes impound yards
Auto wrecking yards	NP	C
Blast furnaces	NP	C
Boiler shops or services	NP	C
Commercial recreation	C	C	Excludes the following: theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf course, miniature golf courses, amusement centers or arcades, and model courses
Commercial recreation (manufacturing zones only)	C	C	As defined in Section 9126
Drop hammers	NP	C
Utility distribution stations	P	P	Includes transmission substations
Electrical generating stations	NP	C	Includes transmission substations, energy support facilities, fuel cells, microwave radio stations
Fabrication requiring semi-open operations	NP	C
Fireworks stands	P	P
Forges and foundries	NP	C
Granite and marble grinding	NP	C
Humane society (pounds)	P	P
Junk yards	NP	C
Lumber mills	NP	C
Materials recovery facilities	NP	C	For waste sorting and processing
Minor commercial recreation	NP	NP
Motion picture production	P	P
Parking – surface and structure	P	P
Public utilities	C	C
Punch presses	NP	C
Recycling processing center	NP	C
Sandblasting plants	NP	C
Small wind energy systems	C	C
Television and radio stations	P	P
Wireless communication facilities	C	C	Subject to Section 9426

(Amended by Ord. 1248, adopted 7-28-09; Ord. 1354, adopted 3-8-16; Ord. 1395, adopted 6-26-18; Ord. 1397, adopted 7-10-18)

Specific Development Standards. Table 9.3.10 identifies the development standards for all of the Manufacturing Zones.

Table 9.3.10. Manufacturing Zone Property Development Standards
Development Standard	Zone
Development Standard	M-1	M-2
Lot area - minimum (square feet)	20,000	40,000
Lot width - minimum (feet)	NR	NR
Lot depth - minimum (feet)	NR	NR
Lot coverage - maximum (percent)	NR	NR
Building height - maximum (feet or stories, whichever is less)a	45 feet or 3 stories	45 feet or 3 stories
Yard setbacks - minimum (feet)
front	10	10
rear
abutting a residential zone	46	46
abutting nonresidential zone	20	20
side
interior
abutting a residential zone	46	46
abutting a nonresidential zone	NR	NR
street	10	10
Building separation - minimum (feet)	20	20
Air conditioning, mechanical roof, and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Trash enclosure	Subject to Section 9528
Visibility	Subject to Sections 9520 and 9534
Wireless communication facilities	Subject to Section 9426
Vibration	Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located. Subject to Section 9516.
Radioactivity and electrical disturbances	Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary lines of the property upon which the device is located.
Fire and explosion hazards	All storage of, and activities involving, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices to the standards of the Fire Department. All incineration shall be prohibited. See Section 9518 of this article for fireworks.

Notes
a	When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.
NR = No Requirement

General Development Standards.

Conduct of Uses. All uses shall be conducted entirely within a completely enclosed building. Outdoor activities and storage may be permitted provided such activities and storage are screened from the public view by a solid decorative masonry wall or opaque ornamental fence which shall not exceed 10 feet in height. Such uses shall not extend above the wall or fence. No chain-link fences are allowed. Businesses which require open sales and display areas may be permitted modifications from this requirement when approved by the City Planner.

Outdoor Storage. The outdoor storage of materials, products, waste products, and construction materials shall be prohibited between the front of the principal building or buildings and the public street which abuts the principal building or buildings. Any such exterior storage elsewhere on the property shall be screened by fencing or landscaping treatment in such a manner that such storage shall not be visible from any abutting Residential or Commercial Zone, public street, or public land. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may migrate or be transferred off the lot by natural causes or forces. Wastes which might cause fumes or dust, which constitute a fire hazard, or which may be edible by, or otherwise be attractive to, rodents or insects shall be stored only in closed containers in required enclosures.

Showrooms. Warehouses are permitted to have showrooms and customer display areas, provided the showroom or display area does not exceed 10% of the gross floor area of the tenant space.

Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in all Manufacturing Zones in accordance with the provisions of Section 9820.

§ 9320 PUBLIC ZONE.

§ 9320.02 INTENT AND PURPOSE.

The intent and purpose of these Public Zone regulations is to:

Encourage orderly and harmonious development of public facilities.

Provide adequate space to meet the needs of public facilities, including off-street parking and loading.

§ 9320.04 PUBLIC ZONE USE REGULATIONS.

Table 9.3.11 identifies the uses permitted in the Public Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted.

Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.

The "notes and exceptions" column of Table 9.3.11 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

§ 9320.06 PUBLIC ZONE PROPERTY DEVELOPMENT STANDARDS.

Table 9.3.11. Public Zone Use Regulations
Use	P	Notes and Exceptions
Agricultural	C
Cemeteries	C
Convalescent hospitals/nursing homes	C	Public owned only
Cultural Institutions	C
Day care center	C
Eating and drinking establishments	C	Incidental to the operation of public recreational facilities or cultural institutions; no drive-thru facilities allowed; sale of alcoholic beverages require a Conditional Use Permit (C)
Golf courses and driving ranges
public	P
private	NP
Hospitals	C	Public owned only
Kiosks
permanent	NP
temporary or semi-permanent	C
Maintenance buildings and facilities, public	P
Open space	P
Parking – surface and structure	C
Parks and recreational facilities	P
Public utility uses	P	Both publicly and privately owned; excludes business offices
Public buildings and facilities	P	Libraries, governmental buildings, police and fire stations
Schools		Includes elementary, middle or junior, and
public	P	high schools only
private	C
Small wind energy systems	C
Special events	P	Subject to Section 9420
Swap meets	P	Permitted (P) on the grounds of public school facilities on weekends only
Utility distribution stations	P
Wireless communication facilities	C	Subject to 9426

P = Permitted

NP = Not Permitted

C = Conditional Use Permit required (subject to Section 9824).

Unless a use is specifically identified, it is not permitted in the zone.

Specific Development Standards. Table 9.3.12 identifies the development standards for the Public Zone.

Table 9.3.12. Public Zone Property Development Standards
Development Standard	P Zone
Lot area - minimum (square feet)	NR
Lot width - minimum (feet)	NR
Lot depth - minimum (feet)	NR
Lot coverage - maximum (percent)	NR
Building height - maximum (feet)	45 feet or 3 stories, whichever is less
Yard setbacks - minimum (feet) front, rear, and side	All buildings and structures shall be set back from all property lines a distance equal to or greater than the height of the buildings or structure, unless regulated through a Conditional Use Permit.
Building separation - minimum (feet)	NR
Air conditioning, mechanical roof, and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Trash enclosure	Subject to Section 9528
Visibility	Subject to Section 9520 and 9534
Wireless communication facilities	Subject to Section 9426
NR = No Requirement

General Development Standards.

Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in the Public Zone in accordance with the provisions of Section 9820.

§ 9322 OPEN SPACE ZONE.

§ 9322.02 INTENT AND PURPOSE.

The intent and purpose of the Open Space Zone is to:

Provide for permanent open space in the community by limiting development in areas which are so located, or having a configuration, or possessed of such geologic features that the residential or other structural use of the land might endanger the health, safety, and welfare of residents from possible flood, fire, subsidence, or erosion.

§ 9322.04 OPEN SPACE ZONE USE REGULATIONS.

Prevent incompatible development in areas that should be preserved or regulated for scenic, recreational, conservation, aesthetic, or health and safety purposes.

Table 9.3.13 identifies the uses permitted in the Open Space Zone. If a use is not specifically listed on the table then said use shall be deemed as Not Permitted.

Uses that require a Conditional Use Permit are subject to the review requirements and conditions contained in Section 9824.

The "notes and exceptions" column of Table 9.3.13 indicates more precisely the use regulations for specific uses or operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for the class of use.

§ 9322.06 OPEN SPACE PROPERTY DEVELOPMENT STANDARDS.

Table 9.3.13. Open Space Zone Use Regulations
Use	O-S	Notes and Exceptions
Accessory uses and structures	C	Construction of any permanent structure incidental to the permitted (P) use; excludes any dwellings
Agricultural	P
Campgrounds	C	Includes both public and private facilities
Commercial recreation	C
Cemeteries	C
Eating and drinking establishments	C	Incidental to the operation of public and private recreational facilities; No drive thru facilities allowed; sale of alcoholic beverages require a Conditional Use Permit (C)
Golf courses and driving ranges
public	P
private	C
Maintenance buildings and facilities	C
Minor commercial recreation	C*	* Minor Conditional Use Permit (subject to Section 9814)
Open space	P
Parks and recreational facilities	P
Parking – surface and structure	C
Public buildings and facilities	C	Libraries, governmental buildings, police and fire stations,
Public utility uses	C	Both publicly and privately owned; excludes business offices
Riding academies and stables with boarding of horses	C	Incidental to the operation of public and private recreational facilities
Small wind energy systems	C
Wireless communication facilities	C	Subject to Section 9426

P = Permitted

C = Conditional Use Permit required (subject to Section 9824).

Unless a use is specifically identified, it is not permitted in the zone.

(Amended by Ord. 1395, adopted 6-26-18)

Specific Development Standards.

General Development Standards.

§ 9324 PLANNED UNIT DEVELOPMENT OVERLAY ZONE.

Site Plan Review. Site Plan Review for all new permitted structures and site improvements is required in the Open Space Zone in accordance with the provisions of Section 9820.

Table 9.3.14. Open Space Zone Property Development Standards
Development Standard	O-S Zone
Lot area - minimum (square feet)	NR
Lot width - minimum (feet)	NR
Lot depth - minimum (feet)	NR
Lot coverage - maximum (percent)	NR
Building height - maximum (feet)	30 feet or 2 stories, whichever is less
Yard setbacks - minimum (feet)
front	20
rear
abutting a residential zone	46
abutting nonresidential zone	20
side
interior
abutting a residential zone	46
abutting a nonresidential zone	NR
street	20
Building separation - minimum (feet)	20
Air conditioning, mechanical roof, and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Trash enclosure	Subject to Section 9528
Visibility	Subject to Section 9520 and 9534
Wireless communication facilities	Subject to Section 9426
NR = No Requirement

§ 9324.02 INTENT AND PURPOSE.

The intent and purpose of the Planned Unit Development Overlay Zone is to provide greater flexibility in the application of land planning concepts. A Planned Unit Development (PUD) may include a combination of different residential dwelling types and a variety of land uses that are compatible with existing and proposed land uses in the vicinity. A PUD shall meet the objectives of the General Plan and this article, and encourage innovative site planning in keeping with the following principles:

The encouragement of a more desirable living environment through application of modern site planning techniques which are not generally available through strict application of conventional zoning and subdivision regulations.

The arrangement of buildings, streets, and landscaped areas in a more functional and visually satisfying pattern.

The development of a more interesting and varied project in accordance with a detailed comprehensive plan encompassing such elements as the design and location of structures, the circulation pattern, parking facilities, landscaping, open space, and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying the property.

§ 9324.04 APPLICABILITY.

A PUD may be located in any zone. The zone with which the Planned Unit Development Overlay Zone is combined shall be the base zone. The PUD Overlay Zone shall be shown on the Zoning Map by adding PUD to the zone (e.g., R-2 (PUD), R-3 (PUD), etc.).

Whenever any PUD application encompasses more than one base zone, the following shall apply:

The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone;

The City Planner may allow intermixing of development and use standards between zone boundaries if the development standards and the permitted uses do not exceed those which would be permitted if the land area of each zone were developed separately.

§ 9324.06 PLANNED UNIT DEVELOPMENT PERMIT REQUIRED.

Where a conflict in regulations occurs, the regulations specified in this section shall apply.

Planned Unit Developments require a PUD permit and may be approved in accordance with the procedures established in Section 9822.

§ 9324.08 DEVELOPMENT STANDARDS.

The following standards shall apply to PUDs:

Site Area. There shall be five or more acres of land within the site to be developed.

Yard Requirements. No structure shall be located closer to the project perimeter line than a distance equal to the height of such structure, and no structure shall be located closer to any dedicated street line than 10 feet, plus five feet for each floor of such structure in excess of two stories.

Distance Between Buildings. The minimum distance between any two adjacent buildings or structures shall be equal to one-half (½) the aggregate height of the two buildings or structures.

Building Articulation. In areas where town house developments are proposed, no continuous group of dwellings shall exceed 50 feet in any dimension without articulation.

Land Area Per Unit. The land area required per unit, which is owned in fee by individuals, may be waived by the Commission in those instances where common open space has been provided as required in this article, except that:

Each single-family detached unit shall occupy parcels of land not less than 5,000 square feet in area with a minimum average width of not less than 50 feet; and

Each individual town house unit shall occupy parcels of land not less than 1,600 square feet in area with a minimum average width of not less than 20 feet.

Density. A PUD shall not exceed the density of the base zone(s) in which it is located. When a PUD contains two or more general plan land use designations, the density of the PUD may not be transferred from one general plan designation to another without a General Plan Amendment.

Residential Density Incentive. Refer to Section 9512 for residential density incentive programs.

(h)

Local Access. Nothing in this section shall cause the waiver of street requirements established in the Municipal Code. However, PUDs may be served by private streets or alleys that vary from the requirements for dedicated streets if, in the judgment of the Commission, such waiver is in conformity with the provisions of this article. All streets or alleys may be required to be dedicated to the City. Paved private streets or alleys, exclusive of pedestrian walkways, shall be at least:

Twenty feet wide for one-way traffic when parking is prohibited by posted signs.

Twenty-four feet wide for two-way traffic when visitor parking is provided in specially designed bays outside of the right-of-way and parking on the access way is prohibited by posted signs.

Forty feet wide for two-way traffic when parking is allowed on both sides.

Trash and Garbage Pickup. All areas set aside for storage and pickup of trash and garbage shall be completely screened in accordance with Section 9528. Said areas shall be sited in a manner convenient to the residents which they are intended to serve.

(j)

Building Height Limits. Building heights above the limits imposed in the zone, up to a 10% increase, in which the PUD is located shall be permitted if the Commission determines that additional height furthers the objectives of this article.

(k)

Open Space. Open space for PUDs shall meet the requirements of the base zone.

(l)

Miscellaneous.

Property storage areas shall be required within each garage or carport and shall contain a minimum of 100 cubic feet per residential unit.

When streets of less than standard roadway widths are approved, any resulting reduction of normal on-street parking spaces shall be wholly compensated for by providing an equal number of additional off-street parking spaces.

Masonry walls with a height not less than five and one-half (5½) feet or more than seven feet shall be required on perimeter property lines, excluding property lines abutting public streets.

Second-story portions of buildings shall not extend for more than five feet over required open space.

§ 9326 BIOMEDICAL OVERLAY ZONE (BIO).

§ 9326.02 INTENT AND PURPOSE.

The intent and purpose of the Biomedical Overlay Zone is to provide greater flexibility in the application of land planning concepts. The Biomedical Overlay Zone provides additional opportunities for bio-medical related uses beyond the medical office, hospital, research and development, and medical-device related uses allowed in the commercial and manufacturing base zones. Additionally, ancillary uses necessary to attract biomedical firms and professionals in the industry are provided for, such as mixed-use developments consisting of professional office or biomedical research facilities and residential uses, and other supporting services, such as restaurants and nightlife activities. The Biomedical Overlay Zone shall meet the objectives of the General Plan and this article, and further encourage the development of new biomedical uses through the relaxation of typical project review timelines, building permit issuance, and business license issuance.

(Added by Ord. 1397, adopted 7-10-18)

§ 9326.04 APPLICABILITY.

The Biomedical Overlay Zone, and the standards contained in this section, shall apply to all areas designated on the Official Zoning Map as being within the Biomedical Overlay (BIO) Zone, except for any zones not comprised of Commercial or Manufacturing Zones.

Whenever any proposed development application for a new, primarily biomedical development encompasses more than one base zone (consisting of Commercial and Manufacturing), the following shall apply:

The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone;

Through the Site Plan Review process, the City Planner may allow the application of development and use standards for any zone covering a portion of the proposed development in any other zone covering other portion of the proposed development if the entire development's F.A.R. and occupancy do not exceed those which would be permitted if the land area of each zone were developed separately.

Where a conflict in regulations occurs, the regulations specified in this section shall apply.

(Added by Ord. 1397, adopted 7-10-18)

§ 9326.06 USES PERMITTED.

In addition to the uses permitted in the base zones, the following uses are permitted in the Biomedical Overlay Zone:

Biomedical uses;

Financial services (only when integrated into a primary biomedical use);

Florist shops (only when integrated into a primary biomedical use);

Hospitals;

Medical equipment sales;

Medical outpatient services; and

§ 9326.08 USES CONDITIONALLY PERMITTED.

Office, medical.

(Added by Ord. 1397, adopted 7-10-18)

In addition to the uses permitted in the based zones, the following uses are allowed subject to the approval of a Conditional Use Permit and are subject to the review requirements and conditions contained in Section 9824 of this code:

Bars, taverns, pubs, micro-breweries with food and drink;

Convention and exhibition halls;

Parks and recreational facilities;

Personal services (unless permitted by right in the base zone, in which case it shall be a permitted (P) use); and

Retail sales, new (unless permitted by right in the base zone, in which case it shall be a permitted (P) use).

(Added by Ord. 1397, adopted 7-10-18)

§ 9326.10 DEVELOPMENT STANDARDS.

All development standards applicable to uses located in the Biomedical Overlay Zone are specified in the regulations set forth in the commercial and manufacturing base zones. Any development standards not listed for uses allowed in the Biomedical Overlay Zone are conditional uses required to be integrated into a primary use with specified development standards which shall take precedence over the entire development. In the case of residential uses allowed as part of a primarily biomedical mixed-use development, all development standards not specified for the residential portion of the project in the commercial base zones shall be determined through the Site Plan Review and Conditional Use Permit application processes.

(Added by Ord. 1397, adopted 7-10-18)

§ 9326.12 APPLICATION REVIEW.

The following review processes shall be modified to expedite the permitting and licensing process for new biomedical developments and businesses. The expedited processes listed below shall apply to all applications for development of projects intended to be primarily occupied by biomedical businesses or the establishment of biomedical businesses located in the Biomedical Overlay Zone. The application of these expedited processes shall be at the discretion of the City Manager, or designee. The process expedited to encourage biomedical uses shall be as follows:

Conditional Use Permits.

Within 60 days of a Conditional Use Permit application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body.

The timeframes specified for the voiding of a Conditional Use Permit due to non-commencement of the use shall be extended by one year. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body.

Site Plan Review.

Within 60 days of a Site Plan Review application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body.

The timeframes specified for the voiding of a Site Plan Review shall be extended by one year automatically upon the expiration of an approved Site Plan Review. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body.

Business Licenses.

Upon application of a business license for a business which meets the definition of "biomedical use" according to this code, an Economic Development Division staff member shall be assigned to assist in the coordination of all necessary on-site inspections required by the various City Departments (i.e. Building, Fire, and Planning).

At the discretion of the City Planner, the City may not require an existing building to correct nonconformities when occupancy by a new biomedical use or expansion of an existing biomedical use is proposed.

Building Permits.

For all building permit applications for a biomedical use, as defined in this code, the City shall waive the General Plan Revision fee of 0.2% of the building's valuation.

The initial Building Permit plan check fee shall include four reviews and shall not exceed 75% of the adopted Building Permit Fee Schedule.

The City shall reduce the typical Building Permit plan check review timeframes by two days for each of the first two plan check reviews.

(Added by Ord. 1397, adopted 7-10-18)

§ 9328 HOUSING OVERLAY ZONES.

(Added by Ord. 25-1520, 1/28/2025)

§ 9328.02 INTENT AND PURPOSE.

The purpose of the Housing Overlay Zones (HOU) is to implement the policies and programs of the Downey General Plan sixth cycle Housing Element (Housing Element) through increased residential densities and modified development requirements within certain residential, commercial, and mixed-use zones.

The HOU-1 zone allows 18 to 40 dwelling units per acre for sites which are identified as rezoning sites in the Housing Element and used to address an unaccommodated, lower-income Regional Housing Needs Allocation (RHNA) zoned Multifamily Residential (R-3).

The HOU-2 zone allows 30 dwelling units per acre for sites which are identified as rezoning sites in the Housing Element and used to address an unaccommodated, lower-income RHNA zoned mixed use (M-U) or commercial (C-P, C-1, C-2, C-3, C-M, H-M), or any housing opportunity sites within specific plan areas.

(Added by Ord. 25-1520, 1/28/2025)

§ 9328.04 APPLICABILITY.

An HOU zone may only be applied to sites which have been identified as Housing Element Sites in the General Plan Housing Element[1] as follows:

The HOU-1 zone may only apply to Housing Element sites zoned Multifamily Residential (R-3). A Housing Element site is, as used in this chapter, a property identified in the City of Downey 6^th Cycle Housing Element to accommodate the Regional Housing Needs Assessment, as shown on Figure 4.2 (Sites Inventory Map).

The HOU-2 zone may only apply to Housing Element sites zoned mixed use (M-U) or commercial (C-P, C-1, C-2, C-3, C-M, H-M) or manufacturing (M-2), or to areas located within any specific plan.

[1]

For housing element sites, see Table A of the General Plan Housing Element available at https://www.downeyca.org/our-city/departments/community-development/planning/housing-element-update. Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20% affordability to lower-income households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. See https:leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=3.&article=10.6"

Where a conflict in regulations between the base zone and the overlay zone occurs, the regulations specified in this section shall apply.

Where a conflict between this overlay district and State law arises, State law shall apply, including, but not limited to, income and affordability levels.

(Added by Ord. 25-1520, 1/28/2025)

§ 9328.06 USES PERMITTED.

In addition to the uses allowed in the base zone of a given site, the following uses are permitted in the HOU-1 and HOU-2 zones.

Table 9.3.15. Housing Overlay Zones Use Regulations (P = Permitted; NP = Not Permitted; C = Conditional Use Permit; SPR = Site Plan Review)
Use	HOU-1	HOU-2	Notes and Exceptions
Multifamily	P	P	HOU-1: Density 18-40 units per acre HOU-2: Density 30 units per acre
Multifamily	SPR	SPR	HOU-1: Density of less than 18 units per acre HOU-2: Density of less than 30 units per acre or greater than 30 units per acre
Housing Element Shortfall Requirements
Multifamily	With 100% residential uses in which at least 20% of the units are affordable to lower income households
Mixed Use	NP	With at least 50% of the square footage of the project is residential
Mixed Use
with at least 50% of the square footage of the project is residential	P	P	HOU-1: Density 18-40 units per acre HOU-2: Density 30 units per acre
with less than 50% of the gross floor area is planned for residential use	C	C

(Added by Ord. 25-1520, 1/28/2025)

§ 9328.08 DEVELOPMENT STANDARDS.

Base Zone and Overlay Zone. All projects shall comply with the standards of the underlying base zone, in addition to the standards within this section. Where a conflict occurs between development standards of the underlying base zone and the HOU-1 and HOU-2 overlay zones, the following shall apply:

For residential and mixed-use projects with at least 50% of the gross floor area dedicated to residential use, the less stringent development standards shall apply, provided the less stringent standards do not have the effect of restricting the ability to construct housing at the allowed density.

For nonresidential projects that do not contain residential uses the base zone standards shall apply.

General Development Requirements.

Table 9.3.16. Housing Overlay Zones Development Standards
Development Standard	HOU-1^e	HOU-2^e
Lot area - minimum (sq. ft.)	3,000
Lot area per dwelling unit - minimum (sq. ft.)	1,000
Lot area per dwelling unit - maximum (sq. ft.)	NA	1,452
Lot width - minimum (feet)	100
Lot depth - minimum (feet)	Lots shall conform to the average depth of adjacent lots.
Lot coverage - maximum (percent)	50
Density	18-40 units per acre	30 units per acre
Building height - maximum (feet) main building accessory building	35 feet or three stories, whichever is less 12 feet
Yard setbacks - minimum (feet) front rear	15 See note^a
Yard setbacks (side) - minimum (feet) interior street	5^b 7.5
Building separation - minimum (feet)	10
Main building and detached garage separation - minimum (feet)	5
Usable open space area per dwelling unit - minimum (sq. ft.)	200
Usable open space	Subject to Section 9312.08(b)(10)
Storage cabinets	Subject to Section 9312.08(b)(14)
Air conditioning mechanical roof and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Graffiti control	Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls	Subject to Section 9520
Noise	Subject to Sections 4600.2, 4602, and 4606.06
Nonconforming uses, lots, and structures	Subject to Section 9410
Off-street parking and loading	Subject to Chapter 7
Signs	Subject to Chapter 6
Site plan review	Subject to Section 9820
Trash and garbage	Subject to Section 9528
Visibility	Subject to Section 9520 and 9534
Air quality	Subject to Section 9516.06(d)
Transportation demand management	Subject to Section 9530
Property maintenance	Subject to Section 8630

Notes:
^a	When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: 20 feet for a one story building, 30 feet for a two story building, and 46 feet for a three story building. When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: no setback required for a one story building, 10 feet for a two story building, and 26 feet for a three story building. When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: 10 feet for a one story building, 15 feet for a two story building, and 20 feet for a three story building.
^b	When abutting the R-1 Zone, the minimum setback shall be 10 feet.
^c	Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
^d	Each additional bedroom over four shall be a minimum of 130 square feet.
^e	For projects on properties identified in the Housing Element as lower income Regional Housing Needs Assessment rezone sites, those projects must comply with California Government Code section 65583.2(i) and (h) .
NA = Not Applicable

Specific Development Requirements.

Lot Consolidation Incentives. To encourage consolidation of two or more lots to make it economically viable to build mixed-use and residential development, the following incentives are provided if the resulting consolidated lot exceeds two acres:

Reduction in required usable open space area per dwelling unit by 50%

Reduction in required front setback by 50%

(Added by Ord. 25-1520, 1/28/2025)

§ 9328.10 DESIGN STANDARDS.

All residential projects and mixed-use projects containing residential projects shall comply with the following design standards.

Residential Building Placement and Design. All structures shall comply with the objective design standards set forth in the Multifamily Residential Objective Design Standards.

(Added by Ord. 25-1520, 1/28/2025)

§ 9328.12 APPLICATION REVIEW.

Review Authority.

By-Right. Permitted uses listed in Table 9.3.15 shall require submittal to the City's ministerial plan check process where staff will review for compliance with development and the objective design standards.

Planning Commission. Projects requiring Site Plan Review in Table 9.3.15 shall be reviewed by the Planning Commission pursuant to Section 9820.

No Net Loss.

To ensure compliance with State housing law by preventing a reduction in citywide housing capacity for lower-income units, the following projects shall require a finding of no net loss:

Applications for residential development that propose an overall residential density for that site that is less than the residential density and number of units that was assumed in the Housing Element.

Applications for nonresidential development.

Projects that do not contain residential uses.

Mixed-use projects in which less than 50% of the gross floor area is planned for residential use.

Before a project may be granted, the review authority shall make findings from the evidence as submitted that the following condition exist in reference to the property being considered:

That the project does not limit the remaining sites identified in the Housing Element sites inventory from accommodating the City's remaining unmet RHNA by each income category, or it has been identified that an additional specific site is being allocated to accommodate the City's required residential unit capacity.

Building Permits. In addition to Section 8999.20, Building Permit submittal shall be allowed the following:

The initial Building Permit plan check fee shall include four reviews and shall not exceed 75% of the adopted Building Permit Fee Schedule.

The City shall reduce the typical Building Permit plan check review timeframes by two days for each of the first two plan check reviews.