City of Downey, CA REGULATIONS FOR SPECIAL USES AND STRUCTURES

Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola, to include opaque covering with partial clothing, lingerie, or similar clothing, where such anatomical areas are exposed; or

Specified sexual activities.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

This definition means:

Human genitals in a state of sexual stimulation or arousal; or

Actual or simulated acts of human or animal masturbation, sexual intercourse, sodomy, oral or anal copulation, bestiality, pedophilia, necrophilia, flagellation or torture in the context of a sexual relationship; or

Use of excretory functions in the context of a sexual relationship; or

Sadomasochism or sexually oriented torture, beating or the infliction of pain; or

Fondling or erotic or lewd touching of human genitals, pubic region, buttock, or female breast; or

Erotic or lewd fondling or touching of, or other contact with, an animal by a human being; or

Human erection, urination, menstruation, or vaginal or anal irrigation.

(Amended by Ord. 19-1417, adopted 9-24-19)

§ 9402.06 ESTABLISHMENT OF ADULT BUSINESSES.

The establishment of an adult business shall be subject to the following regulations (refer to Section 9816).

No adult business shall be established in the City without first obtaining an Adult Use Permit from the Commission, following a public hearing, as set forth in Section 9816. Such Adult Use Permit shall be issued if the applicant and proposed use comply with all conditions and requirements of this section.

The Commission shall make a final determination on the application under this section within 45 days of an applicant's filing with the City of a complete application or such application shall thereafter be deemed approved. The decision of the Commission may be appealed by any interested party following the procedures in Section 9806. Upon appeal from the decision of the Commission, the Council shall conduct the appeal hearing and render its final decision within 45 days of the notice of appeal.

The requested use will be consistent with the General Plan of the City, any other adopted plan of the City, and the adopted plan of any other governmental agency.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed in this article or as otherwise required in order to integrate said use with the uses in the surrounding area.

The proposed site is served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic that such use would generate.

The proposed site is served by other public and private service facilities as required.

The requested use at the proposed location will not be located within a 500 foot radius to any residential zone or other property used for residential purposes (hereinafter "residential zone"). The distance between a requested use and a residential zone shall be measured between the nearest property line or lease line of the requested use and the nearest lot line included within the residential zone, along a straight line extended between the two points.

The requested use at the proposed location will not be located within a 1,000 foot radius of any other adult business or any other premises holding an on-sale license issued by the Department of Alcoholic Beverage Control ("licensed premises"). The distance between a requested use and any other adult business or any other licensed premises shall be measured between the nearest property line or lease line of the requested use and the nearest property line or lease line of the other adult business or the other licensed premises along a straight line extended between the two points.

The requested use at the proposed location will not be within 1,000 feet of any existing church, park, or educational institution utilized by minors, hereinafter "sensitive use." The distance between a requested use and a sensitive use shall be measured between the nearest property line or lease line of the requested use and the nearest property line or lease line of the sensitive use, along a straight line extended between the two points.

The requested use otherwise complies with the zoning and other land use regulations adopted by the City pertaining to the establishment of commercial and industrial uses in the zone in which the requested use is proposed.

The requested use shall not allow any person on the premises to be engaged in specified sexual activities or to expose specified anatomical areas, except when such person is engaged in a performance upon a stage that is at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.

The requested use shall not allow patrons to give gratuities of any type (money, tips, or anything else of value) to any performer, either directly or indirectly, excepting independent vendors or employees relating to the serving of food and/or beverages.

The requested use shall not display any material displaying or depicting specified sexual activities or specified anatomical areas, which would be visible from any location other than from within the premises of the requested use.

All areas of the requested use, except adult theaters, shall be illuminated at a minimum of 1.00 foot-candle (minimum), maintained and evenly distributed at ground level, excluding only those areas shielded by tables and similar obstructions. All indoor areas of the requested use shall be open to public view at all times, with the exception of restroom facilities. There shall be no rooms, partitioned areas, booths, or other similar enclosed areas designed for an occupancy of less than 20 persons and a minimum of 300 square feet (except for required restrooms). All rooms within the business shall be monitored by employees at all times.

The requested use shall provide a security system that visually records and monitors all parking lot areas serving the use.

The requested use shall provide security guards, who are State licensed, uniformed, and approved by the City Police Department, during all hours of operation. The number of such guards so required shall be determined by the Chief of Police based upon a reasonable calculation of the need, considering the maximum occupant load of the proposed use.

(p)

The requested use shall comply with the parking (off-street parking and loading) requirements set forth in this article. The number of parking spaces provided shall be the equivalent of that required for new construction, regardless of the status of the legal nonconforming parking rights of the previous use. Parking lot lighting shall comply with the standards set forth in this article.

(q)

The requested use shall not operate between the hours of 10:00 p.m. and 10:00 a.m. of the following day, except as specifically permitted by the terms of an approved Adult Use Permit in accordance with the provisions of Section 9816.

(r)

No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernable by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City.

(s)

The requested use shall obtain a City Business Tax Certificate and any individual performer or employee that is an independent contractor or for which the operator of the business collects a fee or receives compensation for permitting the use of the premises shall also obtain a City Business Tax Certificate.

§ 9402.08 EXCEPTIONS.

This article shall not apply to any of the following businesses or activities:

Any massage establishment or massage practitioner as defined in Section 9402.04(j) through (l) of this chapter.

Physicians, surgeons, chiropractors, osteopaths, physical therapists, or acupuncturists who are duly licensed to practice their respective professions in the State of California, and employees of such licensed professionals while working in the office of, and under the supervision of, such licensed professional.

Electrolysis treatment by a licensed operator of electrolysis equipment.

Continuing instruction in martial or performing arts or in organized athletic activities.

Barbershops or beauty parlors which offer massage to the scalp, face, neck, or shoulders (only); skin treatments; body wraps; and/or tanning services.

§ 9404 AUTOMOBILE, MOTORCYCLE, AND LIGHT TRUCK SALES.

§ 9404.02 INTENT AND PURPOSE.

The intent and purpose of this section is to establish additional development regulations for the sale of used automobiles, motorcycles, and light trucks.

§ 9404.04 APPLICABILITY.

These regulations apply to the sale of used automobiles, motorcycles, and light trucks, which may be permitted in the C-2, C-3, and C-M Commercial Zones subject to a Conditional Use Permit, in accordance with the procedures set forth in Section 9824. The regulations identified in this section are in addition to those that apply to Commercial Zones in Chapter 3. Wherever a conflict exists between the regulations in this section and another section of this article, the more stringent regulations shall apply.

§ 9404.06 DEVELOPMENT STANDARDS.

Lot Area. A minimum lot area of 20,000 square feet. For lots with multiple tenant uses, a minimum of 20,000 square feet shall be provided for the portion of the lot devoted to the sale of used vehicles. A modification of the minimum area requirement, not to exceed 10%, may be granted at the discretion of the Commission.

Street Frontage. A minimum street frontage of 60 feet. For lots with multiple tenant uses, a minimum street frontage of 60 feet shall be provided for the portion of the lot devoted to the sale of used vehicles.

Lot Coverage. A maximum of 50% of the lot, or portion of lot devoted to the sale of used vehicles, shall be used for vehicle display.

Landscaping. A landscape planter, not less than 10 feet wide, shall be provided along the front and side street lot lines. Specific landscaping requirements shall be in accordance with Section 9520.

Customer and Employee Parking. Customer and employee parking areas shall be easily accessible and located separately form vehicle display areas. Ground markings and signs shall clearly indicate the location of customer and employee parking.

Public Address System. No public address systems or other exterior amplified sound systems shall be permitted.

Decorative Bollards or Wrought Iron Fences. Decorative bollards or wrought iron fences may be provided along public rights-of-way. Said bollards or fences shall not be located in the required setback and require approval of the City Planner.

§ 9406 DRIVE-IN BUSINESSES.

§ 9406.02 INTENT AND PURPOSE.

These regulations are intended to provide uniform criteria and standards for drive-in businesses, which because of the outdoor nature of their activity and the numerous points of ingress and egress to their sites, are considered unique uses subject to special provisions.

§ 9406.04 APPLICABILITY.

This section shall be applicable to all new construction or businesses and reoccupied premises and buildings. For the purpose of this section, reoccupied premises and buildings shall mean any premises or building that has been abandoned or discontinued for a period of 180 days or more.

The property development standards for drive-in businesses, as provided in this section, shall govern such uses within any zone of the City wherein such use is permitted by the approval of a Conditional Use Permit. These standards shall be additional to and supplement those property development standards in the zone in which such use is permitted and any conditions for such use as may be imposed for a Conditional Use Permit. If there is any conflict between the provisions of this section and any property development standards for drive-in business uses in a particular zone, the more restrictive provisions shall apply.

§ 9406.06 APPROVALS.

The Commission shall not grant any Conditional Use Permit for a drive-in business unless the Commission finds that:

The proposed use complies with all the requirements set forth for the issuance of a Conditional Use Permit;

The proposed use will not substantially increase vehicular traffic on any street in a residential zone;

The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by interfering with pedestrian traffic; and

The proposed use will not create increased traffic hazards to pedestrians when located near a school, church, auditorium, theater, or other place of assembly.

The site plan of development to be submitted for review shall include all necessary information as requested by the City Planner.

§ 9406.08 DEVELOPMENT STANDARDS.

The Commission may grant a Conditional Use Permit for a drive-in business in any zone where the use is allowed by this article provided the following requirements are met:

Development Standards. Unless otherwise provided for within this section, the following additional development standards shall apply:

Air conditioning, mechanical roof equipment, and elevator housing (See Section 9504 of this article).

Environmental protection standards (See Section 9516 of this article).

Landscaping (See Section 9520 of this article).

Lighting (See Section 9520 of this article).

Noise (See Section 9516 of this article).

Off-street parking and loading (See Chapter 7 of this article).

Signs (See Chapter 6 of this article).

Site plan review (See Section 9820 of this article).

Solid waste (See Section 9528 of this article).

Underground utilities (See Chapter 5 of Article VII of the Downey Municipal Code.

Visibility (See Section 9520 and 9534 of this article).

(12)

Walls (See Section 9520 of this article).

Area Requirements. Every drive-in business shall be located on a lot having an area of not less than 10,000 square feet and a minimum street frontage of not less than 100 feet.

Setbacks. Front building setbacks shall be established by the Commission where they are deemed necessary for the safety, welfare, and protection of the abutting property. Other setbacks shall conform to the zone regulations.

Access. Driveway entrances may be permitted subject to the following provisions:

Two driveways on each street may be permitted, subject to the approval of the Director of Public Works.

The driveway entrance to drive-in businesses shall not be within five feet of a curb return.

Community driveways providing reciprocal access between both a drive-in business and shopping center may be provided.

The width of driveways at the street property line shall not exceed 30 feet. The width of a common driveway may not exceed 36 feet.

The center line of a driveway shall be perpendicular to the curb line.

The distance between driveways shall be at least 25 feet.

Decorative Peripheral Walls. Whenever a drive-in business abuts property in a residential zone, a decorative brick or masonry wall not less than six feet in height above the finished grade shall be constructed; provided, however, the required wall shall not be less than three feet nor more than three and one-half feet in height abutting the residential front setback area. A landscape planter abutting the required wall, not less than four feet in width, shall be constructed in any parking or driveway area. See Section 9520 of this article.

Landscaping. In addition to the landscaping requirements set forth in Section 9520, the following additional standards shall apply:

A minimum of 150 square feet of planter area shall be provided at the street corner between the sidewalk and a line drawn from the edge of each driveway opening at the intersecting streets.

Required planters abutting residential properties shall be planted with trees shrubs, which shall form an uninterrupted screen foliage not less than 10 feet no more than 15 feet in height at planting and which will grow to be not less than 15 feet no more than 20 feet in height at full growth.

An uninterrupted screen hedge shall be planted adjacent to and parallel with any drive-thru lane. Said hedge shall be planted and maintained at a height of three feet to three and one-half (3½) feet. The hedge shall not be thorny or spiked, and shall not extend over the sidewalk.

Restroom Access. All restrooms shall take access from the interior of a building. No exterior access to restrooms shall be permitted.

Delivery Hours. All deliveries made to businesses abutting residential zones shall be between the hours of 7:00 a.m. and 9:00 p.m.

Storage and Displays. Limited storage and displays of merchandise and supplies may be permitted when approved by a Conditional Use Permit. No wrecked or salvaged vehicles shall be stored on the property.

Trash Areas. Trash and discarded or stored objects of any type shall be stored in areas enclosed with a solid decorative masonry or brick wall not less than six feet and not more than eight feet high with adequate solid gates. Storage maintained within the trash area shall not extend above the height of the required wall.

Sale, Lease, and Rental Items. No sale, lease, or rental of items, such as trailers, trucks, garden supplies, toys, soft drinks, or cigarettes, except in dispensers within the building, shall be permitted. The outside placement of a soft drink dispenser when associated with a water cooling system may be approved by the Commission.

Hours of Operation. When operations are in close proximity to residential areas and it is found necessary to establish guidelines for limitations on the hours of operation, the Commission shall establish regulations on the merit of each individual application. If a Conditional Use Permit is approved for a service station located in the C-1 Zone and within 200 feet of residential property, a condition may be imposed stating that the service station shall not conduct operations between the hours of 11:00 p.m. and 6:00 a.m. The condition may further stipulate that all business activities, except supplying vehicles with gasoline and oil and emergency repairs, shall be confined to specified hours on weekdays and Sundays.

Drive-In Business Lane Standards.

All businesses that provide drive-in facilities for serving customers within their automobile shall provide stacking space that meets the requirements in Table 9.4.1.

Table 9.4.1. Drive-In Business Stacking Space
Use	Required Stacking Space Per Service Lane
Banks	5
Coffee Facilities
Before order board	4
Between order board and pick-up window	4
Drug Stores / Pharmacies	4
Dry Cleaning	4
Fast-Food Restaurants
Before order board	4
Between order board and pick-up window	4
Photo Service	4
Car Washes (Self-Service, Coin-Operated)^a
Entry	2
Exit	1
Car Washes (Full-Service)
Entry	6
Exit	2

Notes:
a	Wash stalls shall not count as stacking space.

Each stacking space shall be computed on the basis of a vehicle being nine feet in width and 20 feet in length. Each stacking lane shall be a minimum of 12 feet in width.

Clear identification and delineation between the drive-in lane(s) and parking lot shall be provided.

Where the lot dimensions allow, all drive-in business shall provide an escape lane that allows other vehicles to pass those waiting to be serviced.

The stacking lane shall be independent of any on-site parking, parking maneuvering areas, public streets, or alley or traffic ways serving other on-site and/or off-site uses.

The minimum required length of any stacking space may be increased if it is determined that additional stacking area will be required to adequately serve the use.

A traffic study addressing both on-site and off-site traffic and circulation impacts may be required.

§ 9406.10 CAR WASHES.

This section applies to both self-service, coin-operated car washes and full-service car washes, unless otherwise noted. The following minimum conditions and standards, in addition to any other deemed necessary or appropriate by the Commission to ensure compatibility with existing or future permitted uses in the vicinity, shall be required:

The maximum operating hours shall be between 7:00 a.m. and 10:00 p.m. only.

All car wash structures and sites shall be maintained in a neat and orderly condition. Daily sweeping and cleanup shall be required.

Self-service, coin-operated car wash sites shall be staffed a minimum of four hours during each day of operation and shall be securely closed to vehicular access during those hours when operation is prohibited.

Distance of any equipment including vacuum cleaners shall be a minimum of 100 feet from any adjacent residential use.

Screening and landscaping shall be provided in accordance with the provisions of this section.

The property shall be designed for proper on-site drainage and compliance with the City's requirements of National Pollution Discharge Elimination System (NPDES) and Standard Urban Runoff Mitigation Plan (SUSMP).

§ 9406.12 SERVICE STATIONS.

Allowed Services. Allowed services shall be the sales of gasoline and oil and the lubrication of vehicles. Accessory services may include the sales of batteries, tires, grease, and accessories. In addition, the following services may be rendered:

Sales and servicing of spark plugs, batteries, and distributors and distributor parts;

Tire sales (within an enclosed rack), servicing and repair, but not recapping or regrooving;

Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, wheel bearings, mirrors, and the like;

Radiator cleaning and flushing;

The sale of automotive washing and polishing materials;

Sales and repairing of fuel pumps and generators;

Minor servicing and repairing of carburetors and fuel injection systems;

Emergency wiring repairs;

Adjusting and repairing brakes;

Minor motor adjustments not involving the removal of the head or crankcase;

Retail sales of grocery items, liquor, beverages, or other sundry items is subject to the provisions of this section and other pertinent sections of this article,

(12)

Smog control devices;

(13)

Smog check businesses; and

(14)

Restaurants, coffee establishments, and the like.

Uses Not Permitted. The following uses are not permitted at service stations:

Tire recapping;

Sales and rebuilding of engines;

Battery manufacture and rebuilding;

Radiator repairs;

Steam cleaning;

Body repairs;

Painting;

Upholstery; and

Other major repair of vehicles.

Property Development Standards. In addition to the requirements set forth in Section 9406.08 of this section, the following property development standards shall be met for service stations:

Repairs and Servicing. All hydraulic hoists and/or pits and all lubrication, greasing, automobile washing, and permitted repair equipment shall be enclosed entirely within a building. No automotive repairs shall be permitted outside the structure.

Lot Area. Except for legal non-conforming uses, every automobile service station, car wash, or combination thereof shall be located on a lot having an area of not less than 22,500 square feet.

Setbacks. A building or structure shall conform to the required street setbacks in the zone in which it is proposed. To provide adequate landscaping and circulation in front of service station pump islands, a pump island shall be located not less than 20 feet from a street property line. A canopy or roof structure over a pump island, however, may encroach up to 10 feet from the street property line.

Pump Islands. Not more than four pump islands with not more than four meter cabinets per island shall be permitted. Two fuel outlet hoses for each meter cabinet may be permitted. The stacking spaces for the pump islands shall be independent of any on-site parking, parking maneuvering areas, public streets, or alley or traffic ways serving other on and/or off-site uses.

Service Bays. Unless otherwise permitted by the Commission, the following regulations shall apply to service bays: whenever possible, a service bay shall not be open to the street, but shall face the rear or interior side property lines. A 36 inch high brick or masonry façade or veneer, or a raised planter of brick, stone, rock, or similar material, shall be installed along all of those portions of the service station structure, which constitute exterior vertical walls at the back and sides of the service bay. The remaining height may be designed to match the overall theme and design of the facility. A pedestrian entrance in such walls may be permitted.

Parts and Equipment. Discarded automotive parts or equipment shall not be located outside the service station building, except within an enclosed trash storage area meeting the requirements of subsection (J) of Section 9406.08 of this section. Disabled or wrecked vehicles, when in transit by a towing service, may be stored outside the service station building not more than 24 hours on the premises.

No Charge Services. Air for tire inflation, water for radiators, windshield washing materials, and men's and women's public restrooms shall be provided to the public at no charge.

Car Washes. Service stations with car washes shall adhere to the property development standards in Section 9406.

Vapor Recovery Equipment. In addition to any requirements established by the South Coast Air Quality Management District (SCAQMD), vapor recovery equipment installed shall adhere to the following standards:

All equipment shall be located adjacent to a building, but as far as possible, to any property with a residential use or other uses designed for overnight human habitation, such as motels, hotels, hospitals, or group homes. In no case shall the vapor recovery equipment be located within 20 feet to any property with a residential use or other uses designed for overnight human habitation.

The location on the site shall not disrupt the flow of vehicular traffic onto and off of the site.

All vapor recovery equipment shall be completely screened from public view by architectural building features or other screening elements that are compatible in color, texture, and design with the principal structure.

Closed Service Stations.

All closed service stations, including all buildings, structures, and yards shall be maintained so there is no adverse or detrimental effect on the property of others within the vicinity or neighborhood. All landscaping shall be maintained and properly irrigated, and shall not be allowed to become overgrown or dead.

The conversion of a service station to another use shall be reviewed during Site Plan Review and shall be approved by the Commission prior to any remodeling or occupancy and pursuant to any cleanup and capping requirements regulated by the County, State, or Federal agencies.

Amortization of Vacant Service Stations. Notwithstanding the provisions of Section 9410 of this chapter, the following regulations shall apply to service stations vacated and remaining vacant for a period of more than 180 days:

The Commission shall conduct a study and public hearing to determine whether the vacated premises should be abolished and removed or whether certain structural or land improvement alterations will be required prior to the reestablishment of the premises as a service station use. The property owner and last known lessee, if any, of the premises shall be notified by registered or certified mail of the hearing and the hearing results. Hearings and appeal proceedings shall be conducted in accordance with Section 9804 and Section 9806 of this article.

Failure to comply with the decision of the Commission, or the Council on appeal, shall constitute a violation of this article and shall be subject to the provisions of Chapter 2 of this article.

§ 9408 HOME OCCUPATIONS.

§ 9408.02 INTENT AND PURPOSE.

The purpose of these regulations is to provide for the conduct of home occupation in the residential zones, and/or in mobile homes/manufactured home parks regardless of the zone, in such a manner as to be compatible with, and not disruptive to, residential neighborhoods.

§ 9408.04 APPLICABILITY.

The restrictions of this section shall not be applicable to a property owner selling his personal household goods from a residential property in conformance with garage sale requirements. See Section 9420.22 of this article.

§ 9408.06 REQUIRED PERMITS.

No person shall commence or carry on a home occupation in any residential zone, or mobile home/manufactured home park regardless of the zone, without first having procured a permit from the City Planner.

The City Planner may issue a permit in conformance with the requirements of Sections 9408.08, and 9814 of this article and impose such conditions as are deemed necessary to protect the best interests of the community.

No permit issued shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

Any permit issued may be suspended or revoked by the City Planner when it appears that any condition imposed by the City Planner pursuant to this article has been or is being violated, or when it appears that the home occupation authorized by the permit has been or is being conducted in violation of any State statute or City law, or in a disorderly manner, or to the detriment of the public, or when the home occupation being carried on is different from that for which the permit was issued.

Permits shall be valid for one calendar year and may be renewed annually.

No permit shall be issued or renewed unless the proper fee, as set by Council resolution, is paid.

§ 9408.08 CONDITIONS.

No person shall conduct a home occupation use unless such home occupation use is conducted in conformity with the following conditions:

Any person conducting a home occupation use shall have a current and valid business license pursuant to Article VI, Chapter 2 of this Code.

If the person conducting the home occupation is not the owner-of-record of the premises upon which the home occupation is being conducted ("premises"), written consent from the owner-of-record shall be required prior to the issuance of any permit for the home occupation.

Home occupations shall only be authorized as accessory uses to a residential use and shall be clearly incidental and secondary to the use of the premises for residential purposes.

The home occupation shall be conducted entirely and exclusively within the confines of the principal residential structure, except for horticulture activities which may be conducted outdoors. It is explicitly prohibited to utilize any garage or accessory structure except as authorized herein.

No residential structure shall be built or altered for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized from the exterior of the residential structure as a place where a home occupation is conducted (by materials, construction, color, lighting, signs, sounds, noise, vibrations, etc.).

The total floor area of the residential structure used for the home occupation (including for the storage of any material or equipment) shall not exceed the lesser of 10% or 250 square feet, other than for the parking of an automobile in accordance with the provisions of this section.

No portion of any residential structure shall be used for a home occupation which has a separate designated access or private entrance specifically for the home occupation use.

No customer shall be served on the premises, and no pedestrian or vehicular traffic shall be generated beyond that incidental to a residential use.

No sign associated with the home occupation shall be displayed at the premises, and there shall be no advertising which can be construed as encouraging customers, clients, or the public to visit the premises.

The address of the home occupation shall not be advertised in any advertisement, publication, or notice (including on social media), unless otherwise required by law. Business cards and letterhead are not included in this requirement.

No employee or person other than a verifiable permanent resident of the premises shall be allowed to work, gather, or congregate on the premises in connection with the home occupation, with the exception of cottage food operations as defined in California Health and Safety Code Section 113758.

Garages or carports, whether attached or detached, shall not be used for a home occupation in any manner that temporarily or permanently inhibits or diminishes the required off-street parking spaces, other than the parking or storage of an automobile in accordance with the provisions of this section.

No merchandise, inventory, stock in trade, scrap, or other materials related directly or indirectly with or resulting from the operation of the home occupation may be stored at the premises. Administrative supplies and equipment necessary for the home occupation may be stored solely within the residential structure or garage, so long as such storage otherwise adheres to the provisions of this section.

No mechanical equipment, material, or other substance or object shall be used in conjunction with the home occupation which is not customarily used in a residence.

No storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas. Storage of any hazardous, toxic, or combustible materials must comply with all applicable laws and regulations.

(p)

The home occupation use shall not have utility services other than those required for normal residence use.

(q)

Only one vehicle used in conjunction with a home occupation may be parked or stored at the premises subject to the following restrictions:

The vehicle is registered with the California Department of Motor Vehicles to a permanent resident of the premises.

The vehicle is of a passenger automobile variety or a light truck, not having a gross vehicle weight rating of more than 8,500 pounds or exceeding 20 feet in length or 80 inches in width or 80 inches in height. Any vehicle that is registered with the Department of Motor Vehicles as a commercial vehicle – or that otherwise constitutes a commercial vehicle as defined by California Vehicle Code Section 260, and that is used in conjunction with a home occupation at the premises – is explicitly prohibited from being parked or stored on any portion of the premises, including within the garage.

The vehicle is parked inside of a lawfully constructed, fully enclosed garage structure.

(r)

The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, other than delivery services which are normally to be expected to serve a residential neighborhood (e.g., United States Postal Service, United Parcel Service, Federal Express, etc.).

(s)

Noise generated by the home occupation shall not exceed that normally associated with residential use, and shall otherwise be subject to all other provisions of the Downey Municipal Code. No mechanical equipment shall be used if such equipment makes a noise that is perceptible beyond the boundaries of the premises.

(t)

Persons with documented physical disabilities may be permitted special review by the City Planner, by filing a written request for a waiver of one or more conditions, or a portion thereof. Such request shall specify the condition(s) being sought to be waived and the reason(s) therefor.

(u)

The home occupation and that portion of the premises being utilized for the home occupation shall be in compliance with all applicable laws – including applicable building, plumbing, electrical, mechanical, and health codes and regulations.

(v)

All persons conducting or participating in the home occupation shall consent to and provide access for entry and inspections of the premises by any person responsible for the enforcement of this section or any other provision of law pertaining to the home occupation between the hours of 8:00 a.m. and 6:00 p.m. or any other hours during which the home occupation is being conducted, in order to verify compliance with the Home Occupation Permit, the provisions of this section, or any other law, rule, or regulation applicable to the home occupation and premises.

(Added by Ord. 22-1481, adopted 4-26-22)

§ 9408.10 PROHIBITED HOME OCCUPATIONS.

The following uses shall not be permitted as a home occupation:

Adult businesses;

Animal hospitals or grooming facilities;

Animal training;

Automotive repair (including body or mechanical), upholstering, painting, detailing, and washing – including, but not limited to, motorcycles, trucks, trailers, recreational vehicles, all-terrain vehicles (ATVs), and trailers;

Body art facilities;

Cabinet making and carpenter shops;

Contractor storage yards;

Firearms manufacture, sales, or repair;

Furniture refinishing or upholstery;

Junkyards;

Machine shop and tool repair;

Personal services;

Tow truck service;

Welding or machine operation;

Other uses as determined by the City Planner/Community Development Director to be similar to those listed above, or which, by operation or nature, are not incidental to or compatible with residential activities.

(Added by Ord. 22-1481, adopted 4-26-22)

§ 9410 NONCONFORMING USES, BUILDINGS, AND STRUCTURES.

§ 9410.02 INTENT AND PURPOSE.

The intent and purpose of this section is to limit the number and extent of nonconforming uses, buildings, and structures by controlling their enlargement, their reestablishment following abandonment, and their alteration and their restoration after destruction, for the purpose of protecting the public health, safety, and general welfare.

This section also permits the use and maintenance of nonconforming uses, buildings, and structures, but limits them by prohibiting their restoration following destruction and by prohibiting alteration, enlargement, or relocation upon the site in any manner that would increase the discrepancy between the standards contained in this article and the conditions existing on the subject property.

§ 9410.04 GENERAL PROVISIONS.

The provisions to this section apply to all existing, legal nonconforming uses, buildings, and structures as defined in Section 9148 of this article, and to any use, building, or structure made nonconforming upon adoption of this and subsequent ordinances.

Any conforming or nonconforming use, building, or structure established illegally under this article in effect at the time of establishment is considered an illegal use, building, or structure and shall be subject to immediate abatement or correction.

§ 9410.06 CONTINUATION OF A NONCONFORMING USE OR LOT.

The lawful use or occupancy of a use, building, or structure existing at the time this article or amendments thereto take effect may be continued provided there is no relocation of, alteration or addition to any use, building, or structure, nor any enlargement of area, space, or volume occupied by such nonconformity except as allowed in Section 9410.12.

A legal nonconforming use shall not be changed to another use, except to a use permitted in the zoning district in which it is located.

Any legal nonconforming use that is discontinued for 180 days or more shall not be reestablished.

The City Planner may extend the 180 day limit for reestablishing a nonconforming use if a property owner can demonstrate to the City Planner's satisfaction based on substantial evidence that the use has not been discontinued and that the reestablishment of the use is being diligently pursued or that a building permit for reconstruction, without alteration or enlargement, has been issued. The decision of the City Planner may be appealed to the Commission in accordance with Section 9806.

A legal nonconforming use shall not increase in intensity or expand its activities.

Any lot which does not meet the minimum lot area, lot width, or lot depth for the zoning district in which it is located may be used or have a building or structure erected upon it, provided said use, building, or structure complies with the development standards for the underlying zoning district.

§ 9410.08 ELIMINATION OF A NONCONFORMING USE OR STRUCTURE.

Discontinuance of a Nonconforming Use When No Structure Involved. In any zone the nonconforming use of land shall be discontinued within one year from the date of notification in accordance with the provisions of this section.

Discontinuance of a Nonconforming Use of a Building or Structure. All nonconforming uses of a building or structure shall be discontinued within the time periods specified below, unless an exception is granted pursuant to Section 9410.06(d):

Type 1 Buildings (fire resistant) – offices, hotels, theaters, warehouses, lofts, stores, garages, and industrial: Twenty years after October 28, 2008.

Type 2 and Type 3 Buildings (heavy timber construction and ordinary masonry) – apartments, offices, hotels, residences having stores or offices below and apartments or offices above, warehouses, stores, garages, lofts, and factories and industrial buildings: Twenty years after October 28, 2008.

Type 4 and Type 5 Buildings (light incombustible frame and wood frame): Twenty years after October 28, 2008.

Single-family residences existing in the C-P Zone as of October 28, 2008 shall not be nonconforming buildings for the purposes of this section, so long as they are used for residential purposes.

All other buildings and structures, including all buildings or structures not previously set forth: Fifteen years after October 28, 2008.

All other uses, including uses not previously set forth: Ten years after October 28, 2008.

In any zone, any nonconforming use, building, or structure may be ordered terminated by the Council within a period of time less than specified above upon a finding that such use constitutes a nuisance or a danger to the public health, safety, or general welfare that necessitates a lesser amortization period.

Notification Procedures. The City Planner may determine those properties for which lawfully existing uses, buildings, or structures were rendered nonconforming by reason of adoption of this article and the Official Zoning Map. Written notice of the City Planner's determination of such nonconformity, the termination procedures, and requirements of this section shall be mailed to all owners of record and to the occupant of each such property.

Exception Procedures. Within one year of the date of mailing of such notice under the provisions of Section 9410.08(C), any property owner, lessee with the consent of the owner, or purchaser of such property acting with the consent of the owner may apply to have such property excepted from the provisions of this Section as follows:

Application Requirements. An exception from the requirements of this section shall be initiated by submitting an application to the City Planner.

Commission Action. The Commission shall hold a noticed public hearing in accordance with the procedures in Section 9804 within a reasonable time on each application for an exception from the termination requirements of this section. Following the hearing, the Commission may determine whether the use of the property on the date of adoption of this article is compatible with and not detrimental to the land uses designated in the General Plan for the surrounding area and properties, and may issue a certificate of exception. The Commission may recommend such conditions as it may find necessary to ensure compatibility, including, but not limited to:

Required improvement of or modifications to existing improvements on the property;

Limitations on hours of operations;

Limitations on the nature of operations; and

(iv)

A specified term of years for which the exception shall be granted.

Appeal of Commission Action. The decision of the Commission may be appealed in accordance with Section 9806.

§ 9410.10 REPAIR AND MAINTENANCE OF A NONCONFORMING BUILDING OR STRUCTURE.

Ordinary Repairs and Maintenance Work. Ordinary repairs and maintenance work may be made to a legal nonconformity, subject to the following provisions:

Maintenance work shall not include structural alterations, except those required by law or those required to make the structure and use conform to the standards and use regulations of the zoning district in which such use, building or structure are located.

Ordinary repairs and the repair or replacement of nonbearing walls, fixtures, wiring, and plumbing may be made to an extent not exceeding 10% of the current replacement cost of the building or structure within a period of 24 consecutive month period. In no case, however, shall the cubic content of the structure as it existed when it became nonconforming be increased.

Repairs to Damages.

In the event damage or destruction to a nonresidential building or structure exceeds one-half (½) of the assessed valuation of such structure, that structure shall not be reconstructed except in conformity with this article.

In the event damage or destruction to a residential building or structure which is damaged or destroyed by fire, explosion, act of God, act of a public enemy, collapse, or any other casualty or calamity, may be reconstructed to the conditions which existed prior to the casualty or calamity, provided the structure or structures existed as legally established structures. All such construction or repairs shall be started within 24 months from the date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status of the structures shall be lost.

Strengthening and Restoring. Nothing set forth in this section shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or its support structure, or part thereof, declared to be unsafe by any officer of the City charged with protecting the public safety upon the order of such officer.

§ 9410.12 ADDITIONS, ENLARGEMENT, AND REMODELS.

A legal nonconformity shall not be enlarged in volume or extended or relocated beyond the area it occupies. However, when a residential, commercial, or manufacturing building or structure established legally becomes nonconforming under the provisions of this article, specifically related to setbacks, lot size, or height limit, the structure may be enlarged or extended under the following provisions:

All additions shall be constructed in a manner that is conforming to the provisions of this article.

Notwithstanding the provisions of this chapter, where R-1 or R-2 zoned properties or R-1 or R-2 uses on R-3 zoned property are nonconforming solely because of insufficient required enclosed off-street parking, such nonconforming use, building, or structure may be expanded or enlarged provided such expansion or enlargement does not exceed 50% of the existing floor area of the principal dwelling and the applicant demonstrates to the satisfaction of the City Planner that such expansion or enlargement does not prevent the future establishment of required enclosed off-street parking.

Any building that is proposed to be remodeled or renovated such that 50% or greater of any existing linear footage interior and exterior walls or existing square footage of floor area is demolished or removed within a two-year period, shall be considered as a new building and conform to all current development standards for that district.

§ 9410.14 VIOLATIONS.

Any of the following violations shall immediately terminate the right to operate a legal nonconforming use:

Changing to another use not permitted in the district;

Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use; or

Increasing the number of personnel employed or volume of business performed so that such increase constitutes an intensification of the nonconforming use.

§ 9412 MOTELS.

§ 9412.02 INTENT AND PURPOSE.

The intent and purpose of this section is to establish additional development regulations for the establishment and use of motels in the City.

§ 9412.04 APPLICABILITY.

These regulations apply to the establishment, development, use, and operation of motels, which may be allowed in the C-2 and C-3 Zones subject to a Conditional Use Permit in accordance with the procedures set forth in Section 9824. The regulations identified in this section are in addition to those that apply to Commercial Zones in Chapter 3. Wherever a conflict exists between the regulations in this section and another section of this article, the more stringent regulations shall apply.

§ 9412.06 FINDINGS.

The decision-making body, in determining whether a motel project will adversely affect the health, safety, and general welfare of the City shall make findings for the issuance of a Conditional Use Permit and shall also consider, among other factors, the number of motels in the City, the location of these motels, the need to preserve the integrity of the community, and the stability of the neighborhood in which the project will be located.

§ 9412.08 PROPERTY DEVELOPMENT STANDARDS.

Specific Development Standards. Table 9.4.2 identifies the development standards for motels.

Table 9.4.2. Motel Property Development Standards
Development Standard	Motels
Lot Area - Minimum (square feet)	40,000
Lot Width - Minimum (feet)	120
Lot Depth - Minimum (feet)	250
Lot Coverage - Maximum (percent)	50
Guest Unit Size (square feet)^a	300
Building Height - Maximum (feet or stories, whichever is less)
C-2 Zone	38 feet or 3 stories
C-3 Zone	90 feet or 7 stories
Yard Setbacks - Minimum (feet)
Front^a
1-story	15
2-story	20
3-story or greater	25
Rear
abutting a residential zone	46
where windows, door, porches, or balconies face/open onto nonresidential	15
all other cases	NR
Side
abutting a residential zone	46
where windows, door, porches, or balconies face/open onto nonresidential	15
all other cases	NR
Street
1-story	10
2-story	15
3-story or greater	20
Building Separation - Minimum (feet)	20
Air Conditioning, Mechanical Roof and Utility Equipment	Subject to Section 9504
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

Notes:
a	Each new motel shall have a manager's unit that shall contain a minimum of 800 square feet of living area, and a 300 square-foot or greater lounge that must adjoin the check-in area, which shall be available for use by motel patrons.
NR = No requirement

General Development Standards.

Land Area. Each guest unit shall require a minimum land area of 800 square feet.

Location. Motels shall be located on major arterials and shall not be located within one-half (½) mile of existing motels unless the Commission determines that a specific area can physically support such an additional motel.

Air Conditioning. Air conditioning for motel guest units shall be limited to central air conditioning systems. Individual wall or window mounted units may be approved during Site Plan Review, if the Commission finds that such units will be totally screened from view from the street and that the noise generated by all these units running at the same time will not exceed a combined rating of 65 dB(A) Community Noise Equivalent Level (CNEL) at the property boundaries.

Kitchens and Kitchenettes. Kitchens and kitchenettes, in guest units, shall not be permitted. The only exception shall be a small appliance used for making coffee and mini-fridges in individual guest units. The manager's unit shall have a full kitchen.

Open Space Open space areas equaling 50 square feet per guest unit shall be provided for open recreational uses, in addition to required setbacks, walkways, and at least 1/3 of these open recreational areas must be landscaped. Private balconies may be counted towards no more than 50% of required recreational areas, provided the balcony areas are directly accessible from the individual guest unit they are designed to serve.

Amenities. Each motel shall provide, for their guests, at least two of the following amenities: swimming pool, hot tub, sauna, an exercise room with equipment, a lounge area, sun decks, or similar amenities the Commission determines will satisfy the needs of the guest staying in the motel. These facilities shall be screened from view from the street, adjoining properties, driving lanes, and vehicle parking areas. Swimming pools and hot tubs shall be located in areas which can be monitored from the manager's unit.

Security. The design of motels shall promote on-site security. On-site security shall be encouraged by the development of an interior courtyard area, with a minimum courtyard width of 25 feet, where applicable. Portions of motels that are designed with courtyards which have doors, windows, or balconies shall be separated from their opposing counterpart. These areas should be easily viewable from the manager's unit.

The following added security measure shall also be incorporated:

The exterior doors for guest units shall be solid core doors equipped with dead bolts with panic hardware. No windows shall be constructed within three feet of this exterior door unless they are made of tempered glass.

Each guest unit's exterior door shall be equipped with a peephole.

Each guest unit shall be equipped with a telephone.

(iv)

Security fencing 42 inches high surrounding outdoor recreation areas or other fencing as required by this article shall be incorporated.

(v)

Convenient lighted walkways will be designed to provide access for parking areas in accordance with Section 9520.

(vi)

All windows and guest units shall have City approved security latches.

(vii)

All rooms shall be numbered in a logical fashion in large easily read numbers.

§ 9414 ACCESSORY DWELLING UNIT DEVELOPMENTS.

§ 9414.02 INTENT AND PURPOSE.

The intent and purpose of this section is to establish residential Accessory Dwelling Unit (ADU) regulations in order to provide a mechanism for accommodating ADUs in appropriate, residential areas and govern the creation of ADUs within the City. The provisions are intended to stabilize property values and enhance the single-family character of neighborhoods by insuring that ADUs are developed under appropriate conditions.

(Added by Ord. 1394, adopted 5-22-18)

§ 9414.04 APPLICABILITY AND APPROVALS.

Accessory Dwelling Units are permitted in the following areas:

In all residential zones, if an ADU is located within an existing structure. For the purposes of this section, an existing structure shall mean a structure for which proper permits have been issued and the final inspection has been approved at least two years prior to submitting the ADU into Building Plan Check.

Within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning Map), construction of a new building or an addition to an existing building, attached or detached, subject to Section 9414 et seq.

(Added by Ord. 1394, adopted 5-22-18)

§ 9414.06 STANDARDS.

In addition to the development standards for the zone, the following standards shall apply to all ADU developments. In the event there is a conflict between the following standards and any other portion of the code, this section shall apply.

There shall be no more than one ADU per parcel.

There shall be not more than one principal dwelling unit on a parcel.

There shall be not more than one address on the parcel, except that ADUs may have a unit number or letter.

The total floor area of an ADU shall not exceed 850 square feet and shall not be less than 220 square feet. The ADU counts towards the maximum allowable floor area ratio or lot coverage for the property.

ADUs that require construction of a new building or an addition to an existing building shall only be located on lots that meet the minimum lot size and width for the zone.

Existing space within a single-family residence or within an accessory structure may be converted into an ADU, provided that the proposed ADU has Independent Exterior Access from the existing residence, and the side and rear setbacks are sufficient for fire safety, and as required by the adopted California Building Code, as modified by the City of Downey.

The entrance to an ADU shall not face onto a front yard or street side yard.

ADUs shall be located to the rear of the principal dwelling unit. This shall not apply to the conversion of existing space, as allowed under Section 9414.04(a).

An ADU must provide an automatic sprinkler system if an automatic sprinkler system is required for the principal residence.

Access to all on-site parking shall be provided from one common driveway. This shall not preclude a circular driveway as allowed under Municipal Code Section 9710 – Residential Parking Design Standards.

No more than one kitchen per dwelling unit shall be permitted.

The property owner shall record a covenant to the subject property that identifies the total number of dwellings units on the property, prohibits the units from being sold separately, and provides that at least one dwelling unit shall be owner-occupied.

An ADU shall include washer and dryer connections.

All new on-site utilities shall be underground.

All development impact fees (water, sewer, park, and traffic fees) shall be proportional to the actual impact and charged in accordance with the Fee Mitigation Act. An ADU is not considered a new residential use when calculating connection fees and capacity charges.

(p)

ADUs shall utilize the same utility connections as the primary residence. Separate utility connections and meters are prohibited.

(q)

Short term rentals (30 days or less) shall be prohibited in the principal dwelling unit or ADU.

(r)

Home occupations shall be allowed.

(s)

The property owner/applicant shall be required to obtain all building permits and inspections prior to occupancy of an ADU.

(Added by Ord. 1394, adopted 5-22-18; amended by Ord. 20-1436, adopted 2-11-20)

§ 9414.08 GARAGE CONVERSIONS.

An existing garage may be converted into an ADU. No additional building separation shall be required other than what is provided as part of construction of the garage. Any additions shall provide building separations, as required by the base zone. For the purposes of this section, an existing garage shall mean a garage for which proper permits have been issued and finalized at least two years prior to submitting plans for an ADU conversion into Building Plan Check.

If an existing garage or other parking is converted or displaced for an ADU, the conversion or displacement shall not eliminate any off-street parking that is required for the principal residence or, if eliminated, the off-street parking shall be replaced per Section 9708.

(Added by Ord. 1394, adopted 5-22-18)

§ 9414.10 DESIGN OF ACCESSORY DWELLING UNITS.

The Accessory Dwelling Unit shall be designed to be compatible with the principal dwelling unit, reflecting similar massing, architectural style and detail, fenestration, roof pitch, color, and materials.

(Added by Ord. 1394, adopted 5-22-18)

§ 9414.12 PARKING REQUIREMENTS.

Separate parking shall not be required for an ADU. However, the square footage of an ADU shall be included in the total square footage calculation to determine total parking required pursuant to Municipal Code Section 9708.

The principal dwelling unit and second dwelling unit shall have street access from one common driveway.

(Added by Ord. 1394, adopted 5-22-18)

§ 9416 SELF STORAGE, MINI-STORAGE, MINI-WAREHOUSE, AND RECREATIONAL VEHICLE STORAGE.

§ 9416.02 INTENT AND PURPOSE.

The intent and purpose of this section is to establish additional development regulations for the establishment and use of self-storage, mini-storage, mini-warehouse, and recreational vehicle storage uses.

§ 9416.04 APPLICABILITY.

These regulations apply to the establishment, development, use, and operation of self-storage, mini-storage, mini-warehouses, and recreational vehicle storage areas, and similar uses which may be allowed in the M-1 and M-2 Zones subject to a Conditional Use Permit in accordance with the procedures set forth in Section 9824. The regulations identified in this section are in addition to those that apply to Manufacturing Zones in Chapter 3. Wherever a conflict exists between the regulations in this section and another section of this article, the more stringent regulations shall apply.

§ 9416.06 PROPERTY DEVELOPMENT STANDARDS.

Lot Requirement. A minimum lot area of one acre.

Landscaping. A minimum of 10% of the lot shall be landscaped, with a minimum of five percent of the required landscaping within the parking areas. Landscaping along street lot lines shall be designed to provide large landscape area with undulating berms.

Setbacks. A minimum setback of 20 feet shall be provided along front lot lines. A minimum setback of 15 feet shall be provided along street side lot lines. No parking shall be permitted within these setbacks and these setbacks shall be fully landscaped, except for driveway and walkway access. No setback shall be required along interior lot lines.

Screening. Except for driveway and walkway access, all storage areas shall be screened from view from adjacent properties and rights-of-ways by free-standing walls where building walls do not provide the screening. Screen walls may extend above the maximum required by the zone in order to screen recreational vehicle storage or other activities, but shall not exceed 12 feet in height.

Loading. A minimum eight foot wide loading aisle shall be provided along building sides with access doors for storage units.

Driveway. A minimum width of 36 feet shall be provided for driveways with access doors for storage units on both sides in order to provide an unobstructed 20 foot wide two-way drive aisle and eight foot wide loading aisles on both sides. A minimum width of 30 feet shall be provided for all other driveways.

Adjacent to Residential Zones. Where a lot abuts the R-1, R-2, or R-3 Zone, no building, structure, free-standing wall, or portion thereof shall extend into a 15-degree inclined plane projected from a height of 12 feet from the abutting residential property. Where free-standing walls abut property in the R-1, R-2 or R-3 Zones, landscape planters with a minimum width of five feet shall be provided to accommodate a plant screen. Building openings shall not face abutting properties in the R-1, R-2 or R-3 Zones.

§ 9418 SENIOR CITIZEN HOUSING DEVELOPMENTS.

§ 9418.02 INTENT AND PURPOSE.

The purpose and intent of this section is to provide minimum standards for the development of senior citizen housing in the City compatible with surrounding land uses.

§ 9418.04 APPROVALS.

Approval. Approval for senior citizen housing developments shall occur through the Site Plan Review process in accordance with Section 9820.

Findings. In addition to the findings required by Section 9820.08 of this article, the Commission, and Council on appeal, shall, make the following additional findings:

The proposed project meets or exceeds all development standards contained in this section;

The project will be accessible to necessary services including grocery stores, transit stops, medical facilities, and banks;

The scale and architecture of the project will be compatible with development in the surrounding neighborhood;

A market study has been submitted that demonstrates a need for senior housing in the City for the life of the project; and

A plan has been submitted showing modifications necessary to convert the senior citizen housing development to standard multiple-family housing.

§ 9418.06 DEVELOPMENT STANDARDS.

Specific Development Standards. Table 9.4-3 identifies the development standards for senior citizen housing developments.

Table 9.4.3. Senior Citizen Housing Development Standards
Development Standard	Zone
Development Standard	R-3	R-3-O	M-U	H-M	C-3	C-M
Lot area - minimum (sq. feet)	10,000	10,000	43,560	43,560	43,560	43,560
Lot width - minimum (feet)	100	100	200	200	200	200
Lot depth - minimum (feet)	100	100	215	215	215	215
Lot area per dwelling unit – minimum (square feet)	1,452	1,452	871	871	871	871
Density – maximum	30 du/ac	30 du/ac	50 du/ac	50 du/ac	50 du/ac	50 du/ac
Lot coverage - maximum (percent)	60	60	60	60	60	60
Building height - maximum (feet or stories, whichever is less)^{a, b}	45 feet or 3 stories	45 feet or 3 stories	45 feet or 3 stories	45 feet or 3 stories	45 feet or 3 stories	45 feet or 3 stories
Yard setbacks - minimum (feet)
front	15	15	15	15	15	15
rear^c	15	15	15	15	15	15
side
interior^d	5	5	5	5	5	5
street	7.5	7.5	7.5	7.5	7.5	7.5
Building separation - minimum (feet)	10	10	10	10	10	10
Dwelling unit size – minimum (sq. feet)^e
studio units^f	550	550	550	550	550	550
one bedroom	600	600	600	600	600	600
two bedroom^g	750	750	750	750	750	750
Air conditioning, mechanical roof and utility equipment	Subject to Section 9504
Environmental protection standards	Subject to Section 9516
Landscaping, lighting, and walls	Subject to Section 9520
Nonconforming uses, lots, and structures	Subject to Section 9410
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	Living areas, common areas, and open space shall not be more than three stories high. Said three stories, however, may sit atop one full story of enclosed parking. No structure shall exceed four stories or 60 feet, including parking.
b	When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.
c	When the rear yard area abuts the R-1 or R-2 Residential Zones, the rear setback shall be 46 feet.
d	When abutting the R-1 Residential Zone, the minimum setback shall be 10 feet.
e	In developments where congregate dining facilities are provided for all residents, in addition to the kitchens in each unit, the minimum dwelling unit size is 450 square feet for studios, 500 square feet for one bedroom, and 650 square feet for two bedroom units.
f	In no case shall more than 10% of the units in a project be studios. Each studio must be adjacent to another studio, to facilitate conversion to larger units.
g	In no case shall less than 25% of the units in a project have two bedrooms. No dwelling unit shall exceed two bedrooms, except for one manager's or caretaker's unit.
du/ac = dwelling unit per acre

General Development Standards.

Parking.

The minimum parking standard for every senior citizen housing development shall be:

One covered parking space per unit; plus

One guest parking space for each four units, or fraction thereof – at least one-half of the total guest spaces must be located outside of security gates to avoid queuing and double-parking on public streets; plus

Two covered parking spaces for the manager or caretaker's unit; plus

(D)

One space for every employee on the major shift based on maximum occupancy; plus

(E)

At least one loading space, 12 feet by 30 feet.

Standard-size or handicapped-size parking spaces, as defined by Section 9706 of this article, shall be provided to meet the parking requirement. Compact parking stalls may be provided only for those spaces in excess of the minimum requirement. Handicapped-size spaces are encouraged wherever possible.

Conditions, covenants, and restrictions (CC&Rs) of any senior citizen housing development shall permit each unit to store no more than one vehicle on the property.

Open Space

All senior citizen housing developments shall provide not less than 200 square feet of usable open space per dwelling unit. At least one-half of this open space must be outdoors. Up to 40% of the required common open space area may be provided in the form of a common leisure/recreation room. The minimum dimension for any open space area shall be 15 feet with the exception of private balconies and patios, which shall have no dimension less than five feet.

Each senior citizen housing development must provide a minimum of 1,000 square feet of common usable open space in addition to the 200 square feet required per unit.

"Common usable open space," for the purposes of this section, may include:

Barbecue facilities;

Billiard rooms;

Courts for activities such as tennis, racquetball, shuffleboard, lawn bowling, putting, and bocce ball;

(D)

Gyms, workout rooms, exercise/aerobics rooms;

(E)

Landscaping, excluding front setback areas;

(F)

Multi-purpose buildings/rooms;

(G)

Resident gardens;

(H)

Visual amenities such as fountains and sculptures;

(I)

Sitting alcoves; or

(J)

Swimming pools, spas, and saunas.

(iv)

Up to one-half of the open space requirements for each unit may be provided in a private patio or balcony having direct access from the unit. Private patios and balconies shall be a minimum of 50 square feet, and no dimension shall be less than five feet.

(v)

Usable open space areas shall not include any portion of a required front setback, parking area, required access or walkway, driveways and turnaround areas, unimproved roof level of any building, congregate dining facilities, or hallways within buildings.

(vi)

A decorative masonry wall or wrought iron fence at least three feet in height shall be provided where usable open space abuts driveways or open parking areas.

(vii)

An irrigated landscaped planter at least five feet wide shall be provided when abutting R-1 or R-2 zoned properties. Such planters shall be maintained with trees and shrubs at least six feet in height when planted, which shall reach a mature height of at least 15 feet. At maturity, such landscaping shall provide an uninterrupted screen between the senior housing development and the R-1 and R-2 Zones.

Proximity to Rail Lines. Senior citizen housing developments are discouraged on land adjacent to railroad rights-of-way. Senior housing developments approved adjacent to the railroad shall establish a minimum 100-foot setback for residential units from rail property. Applicants for such projects shall also submit noise and vibration studies demonstrating how these factors will be mitigated by the proposed site plan and structures.

Structural Mass. No building façade shall exceed 50 feet in length without articulation and no more than 200 feet continuous. Building façades encompassing several units shall include offsets. Roof heights and slopes shall be varied.

§ 9418.08 GENERAL REQUIREMENTS.

Bathroom Facilities. All units in senior citizen housing developments shall contain a separate bathroom equipped with a shower and/or tub, toilet, and wash basin.

Kitchen. All units shall contain a kitchen that includes a stove, oven, refrigerator, and sink.

Laundry Facilities. All senior citizen housing developments shall provide common laundry facilities adequate to accommodate the number of units within the project. The minimum number shall be one washer and one dryer per each nine units. In no case shall there be less than two washers and dryers provided in the project. Provisions for washers and dryers in each unit are preferred and encouraged. This requirement for common laundry facilities may be waived if washers and dryers (not just hookups) are provided in every unit.

Noise. All senior citizen housing developments shall be required to meet a 45 dB(A) CNEL interior noise standard.

Security. An approved security system is required on all points of ingress and egress, including parking areas.

Stairs and Elevators. Double banisters shall be provided on all stairways. In all buildings taller than one story, there shall be no less than one elevator. At least one elevator must be of a size that will accommodate a medical gurney.

Storage. All senior citizen housing developments shall provide personal property storage cabinets for each unit, adjacent to or within parking areas or adjacent to patios or balconies. Such cabinets shall have at least 100 cubic feet of area and do not count toward the usable open space requirement.

Trash, Storage, and Service Areas. Trash, storage, and service areas shall be screened from view of adjacent properties and rights-of-way by fencing or landscaping. Trash enclosures must be freestanding, with overhead doors.

§ 9418.10 PERMITTED AMENITIES.

Congregate Dining Facilities. Congregate dining facilities may be provided in senior citizen housing developments, subject to the following conditions:

Congregate dining facilities shall be for the use of the residents of the development, their guests, and employees who work in the building only and shall not be open to the general public.

A separate service entrance to the kitchen with an adequate loading area shall be provided.

Floor area of any congregate dining facility and any associated kitchen and loading area may not be used to satisfy the requirements for common open space noted in this section.

Emergency Call Systems. In-house call systems or resident/management communication switchboards are encouraged for all senior citizen housing developments.

Resident Services. Provision of services exclusively for residents of a senior citizen development are permitted and encouraged. These include maid service, laundry service, private transportation service, and beauty salon/barber shops. Developments may include facilities such as industrial laundry rooms and beauty salons necessary to provide these services. Parking shall be provided for employees of these services at the ratio of one space for every employee on the major shift based on maximum occupancy.

§ 9418.12 OCCUPANCY.

Restrictions on occupancy on the basis of age shall be imposed on senior citizen housing developments subject to the following limitations:

The owner of any senior citizen housing development constructed pursuant to the provisions of this section shall file a covenant with the City Planner for recording with the County Recorder, prior to issuance of a building permit, that states the building or buildings shall be used in perpetuity as residences for senior citizens and qualified residents, and that if such development is used for any other purpose, the owner shall cease the use of the building or buildings until they are remodeled or rebuilt to comply with the applicable provisions of this article for uses other than senior citizen housing.

Conditions, covenants, and restrictions or other written documents pertaining to occupancy shall be approved by the City Attorney to ensure conformity with the provisions of this section.

Conditions, covenants, and restrictions (CC&Rs) or other documents or written policy shall not limit occupancy, residency, or use on the basis of age more proscriptively than to require that at least one person residing in each dwelling unit be a senior citizen and that each other resident in the same dwelling unit be a qualified resident.

Upon the death, hospitalization, other prolonged absence of, or dissolution of marriage with, the resident senior citizen, a qualified resident shall be entitled to continue his or her occupancy of the dwelling unit for a period of up to one year.

Conditions, covenants, and restrictions or other written documents shall permit, as a guest of a senior citizen or qualified resident, temporary guest residency by a person less than 62 years of age for not less than 60 days in any calendar year.

Owners of senior citizen housing developments operated for rental purposes shall maintain an annually updated log that notes the senior citizen and any qualified residents in each unit. This log shall be made available to the City Community Development Department for review upon request.

§ 9418.14 CONVERSION TO NON-SENIOR HOUSING.

All applications for Conditional Use Permits for senior citizen housing developments shall include a plan for converting the project to conventional multiple-family dwelling units. The plan shall be subject to approval by the Commission and shall demonstrate the modifications necessary to convert the use to conventional multiple-family residential units. This plan need not be used for a future conversion; its purpose is to demonstrate that conversion can be accomplished and the type of modification that would be necessary.

If a senior citizen housing development is used in a way that does not meet the development or occupancy standards of this section, the owner shall cease the use of the building or buildings until they are remodeled or rebuilt to comply with the applicable provisions of this article for uses other than residences for senior citizens.

Conversion of senior citizen housing development to housing for the general population or to housing that requires licensing by the State, shall require a separate Conditional Use Permit.

Conversion to standard multi-family housing may only be permitted in the R-3, R-3-O, and M-U zones and if the development is modified so that number and density of units is no greater than that which is allowed for such developments in the zone and if the parking requirements of this Zoning Code can be met.

§ 9420 SPECIAL EVENTS.

§ 9420.02 INTENT AND PURPOSE.

The intent and purpose of this section is to provide regulations for special events, including temporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, and large (i.e., 150 or more people) neighborhood block parties. This section is not intended to control or regulate the normal promotional/sale activities conducted within the approved display area of a business establishment as provided for by other applicable provisions of this article.

§ 9420.04 REVIEW PROCESS.

The City Planner has the authority to issue Special Event Permits pursuant to the procedures outlined for Administrative Permits in Section 9814, provided the following criteria are met and the application is consistent with any other applicable regulations in this article:

The Special Event shall not exceed 30 days during any 12 month period, unless otherwise permitted in this section;

The property owner has authorized the special event in writing;

The application is submitted at least 30 days prior to the scheduled activity; and

A permit fee established by resolution of the Council shall be paid for each Special Event Permit.

If an event is of a scale (e.g., large in area or number of persons) or use that may result in extensive potential, even temporary, impacts to the community, the City Planner may use his/her discretion and forward the Special Event Permit application to the Commission for their decision.

Events involving over 500 people shall require Commission approval.

§ 9420.06 GENERAL REQUIREMENTS.

Except as otherwise specified in the section, the following general operational conditions shall apply to all special events for which a Special Event Permit is required:

The City Planner shall prescribe the type and form of information required to process the Special Event Permit, in accordance with the provisions for Administrative Permits in Section 9814.

Activities shall be restricted to that portion of property so designated on the site plan.

The applicant shall provide documentation to the City Planner of an approved site plan by the City Fire Department and Police Services for meeting public safety requirements when applicable.

The City Engineer shall review and approve the site plan regarding adequate parking and traffic circulation for both vehicular and pedestrian, including provisions for emergency ingress/egress, when applicable.

Adequate space shall be provided on walkways for the passage of pedestrian traffic (minimum width of five feet).

The site plan and all signs shall comply with this article and the specific design standards set forth in this section.

Any sales activities shall be confined to the sale of the goods or services specified in the Special Event Permit only.

The Special Event Permit shall specify the event's expiration date and the removal date of all associated materials.

All signs and other display materials placed in outdoor areas shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified in the Special Event Permit.

Sound systems are not permitted unless specifically approved as part of the Special Event Permit.

Temporary signs associated with special events are permitted as provided in Section 9618.06.

Additional conditions may be applied as determined by the City Planner (or Commission) as necessary to protect the public's health, safety, and welfare.

A Special Event Permit does not relieve an applicant from obtaining other permits or permissions as may be required by other county, state, or other agencies.

§ 9420.08 SPECIAL CENTERWIDE EVENTS.

Special centerwide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center. Commercial centers may conduct such events subject to the following requirements:

Special centerwide events may be held up to three times a year over a maximum of three consecutive days per event. Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year. In no case shall the combined total of centerwide events plus individual sales for any business exceed six events during any calendar year.

Events shall be subject to the approval of a Special Event Permit. Applications shall be submitted to the City Planner by the commercial center owner or manager.

The application shall include provision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the Special Event Permit. The City may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.

The application shall be reviewed by the City Fire Department and Police Department, and the event shall comply with fire prevention standards and emergency access requirements as specified by the Battalion Chief and Chief of Police. The City Planner may also submit the application to other agencies for review and approval of an event.

§ 9420.10 TEMPORARY OUTDOOR SALES BY INDIVIDUAL BUSINESSES.

Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retail business, of merchandise that is normally displayed indoors at the same location as the outdoor sale. Temporary outdoor display and sales of merchandise may be permitted by the City Planner or his or her designee and are allowed in the C-1, C-2, C-3, C-M, and M-U Zones. Application for a Temporary Outdoor Display and Sales Permit shall be made on forms prescribed by the Planning Division and shall include a site plan indicating the proposed location of the display area. The following conditions apply to each permit:

Outdoor sales shall only be permitted as an extension of an existing business and shall be conducted entirely on the site on which the business is located.

The display area shall not occupy more than 10% of the number of required parking spaces for the applicant's business.

The display shall not encroach upon required driveways, or public rights-of-way, impede emergency vehicle access, or prevent access to any other business.

Sales area shall not block required building exits and shall maintain at least four foot wide aisles.

No part of the display area shall be located within 100 feet of an adjoining residentially zoned property.

No more than four temporary outdoor displays and sales shall be permitted in one calendar year per business unit, and shall not exceed 20 days accumulated total.

All signage shall be subject to Section 9618.06.

Temporary structures such as tents or buildings shall be subject to approval of the City Building Division and Fire Department.

§ 9420.12 NEW CAR DEALERSHIP SPECIAL EVENTS.

New car dealers desiring to hold special events to promote sales require a Special Event Permit and are subject to the following provisions:

The cumulative total of all special events shall not exceed 60 days per calendar year per dealership.

A separate permit shall be obtained for each special event.

All signage pertaining to the special event must be in accordance with Section 9618.06.

§ 9420.14 CHRISTMAS TREE AND PUMPKIN SALES FACILITIES.

The sale of Christmas trees and wreaths, and pumpkins may be permitted by the City Planner in any commercial or manufacturing zone subject to the following regulations:

Date of Operation. Christmas tree and pumpkin sales shall adhere to the following operation dates:

Christmas tree sales facilities shall not open for business prior to the day after Thanksgiving and shall close no later than December 31.

Pumpkin sales facilities shall not open for business prior to October 1 and shall close no later than November 1.

Merchandise to be Sold. Christmas tree and pumpkin sales are limited to the following:

A Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.

A pumpkin sales facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations.

Removal of Facility. Christmas tree and pumpkin sale facilities must meet the following removal regulations:

Christmas tree sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within three days after the closing date.

Pumpkin sales facilities shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility within three days after October 31.

§ 9420.16 CERTIFIED FARMERS' MARKETS.

Certified farmers' markets may be permitted by the Council in any Commercial or Mixed-Use Zone subject to the provisions of this section.

Admissible vendors and products include the following:

Agricultural Producers (Farmers and Fisherman).

Certifiable Agricultural Products.

These products include fresh fruits and vegetables, nuts in the shell, honey, eggs, nursery stock, and cut flowers.

Product certification is made by the County Agricultural Commissioner in the county of production.

Certifiable agricultural products can only be sold at the farmer's market by the producer who produced them, the producer's employees, or the producer's immediate family.

Non-Certifiable Agricultural Products.

These products include dried fruits and vegetables, processed nuts, juices, jams, pickled or smoked agricultural products, live animals, livestock, aquaculture, viticulture and vermiculture.

These products may be dried, ground, roasted, juiced, smoked or otherwise altered in a one-stage process by a second party.

Canned foods are permitted if processed in an approved facility.

(D)

Products in this category must have been grown, bred, raised, cultivated or collected upon land, which the producer controls.

Prepared Foods Producers (Non-Agricultural Products).

Prepared foods producers may sell products which they have cooked, canned, preserved or otherwise treated.

Canned foods are permitted if processed in an approved facility.

Prepared food products may not compete with products made by farmers from their own products.

Commercial Sellers (Non-Agricultural Products).

Commercial sellers may sell ethnic or specialty hot foods, which they prepare in a licensed kitchen and/or at their respective market spaces.

Commercials sellers may also include anyone selling fresh or canned fish. The sellers are not required to have caught the fish offered for sale.

Arts and Crafts Vendors (Non-Agricultural Products).

Artisans may sell original art, craftwork or handmade items, which they created, constructed or produced themselves.

Products must be of the highest quality, handcrafted, and may not be imported.

The reselling of arts and crafts products is not allowed.

Youth Oriented Vendors (Non-Agricultural Products).

These vendors may sell products and services of interest to young people. Such products or services shall involve active participation from young people.

Vendors in this category may include bounces, petting zoos, magicians, clowns, face painters, and puppet makers.

Non-Profit Organizations and Community Information. Non-profit organizations and community information groups may distribute literature, and solicit signatures, volunteers and donations.

Performing Artists.

Performing artists may distribute literature and sell products showcasing the talents which they are demonstrating at the farmers' market.

Performing artists in this category may include musicians selling CDs and merchandise, martial artists distributing literature, and dancers selling videos.

Local Businesses. Local businesses located in the City may be eligible to have a table at the farmers' market for the sole purpose of distributing literature about the service(s) or product(s) they sell.

Sponsors. Sponsors may only advertise, distribute literature and provide free samples and demonstrations of their products and services for the duration of their sponsorship period.

The Commission and the Council on appeal shall have the authority to determine the admissibility of vendors and/or services and/or products for the farmers' market as necessary to protect the public's health, safety, and welfare.

Certified farmers' markets events are limited to one day per week for a maximum of eight hours per event.

Operation of a certified farmers' market shall conform to all the provisions of this section which include, but are not limited to locations, security, water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, traffic control, and permits that may include building, electrical, health and tent.

California Certified Farmers' Markets are operated in accordance with regulations established by the California Department of Food and Agriculture and must display a valid health permit.

§ 9420.18 SPECIAL OUTDOOR EVENTS – NONRESIDENTIAL ZONE.

Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in outdoor facilities. Special outdoor events are permitted in all nonresidential zones provided the following requirements are met:

General Requirements.

Activities conducted on property owned by or leased to the City and on public road rights-of-way shall require an encroachment permit issued by the City Engineer.

Events shall not exceed 10 consecutive days and shall not occur more than four times in a calendar year.

Special outdoor events shall required City Planner approval prior to the start of the event. Furthermore, a Special Event Permit shall be required for special outdoor events of 150 people or more, including spectators and participants.

Applications. Applications for Special Event Permits shall be referred by the City Planner to other affected City departments or other public agencies as may be appropriate for review and comment.

Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Planner or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, and tent permits from other outside agencies. Required permits by outside agencies are the sole responsibility of the applicant.

Cash Bond. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the Special Event permit.

Liability Insurance. The applicant must provide proof to the City of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the special event.

Notification. The City Planner may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the City Planner.

§ 9420.20 SPECIAL OUTDOOR EVENTS – RESIDENTIAL ZONES OR LAND USES.

Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious, or entertainment events and neighborhood or community gatherings in outdoor facilities where vehicular traffic on any public right-of-way would be impeded by the event.

Special outdoor events are permitted in all residential zones subject to the following requirements:

General Requirements.

Activities conducted on property owned by or leased to the City or on public rights-of-way shall require an encroachment permit issued by the City Engineer.

Events shall not exceed three consecutive days and shall not occur more than four times in a calendar year.

Applications. Applications for permits or certificates required by this section shall be referred by the City Planner to other affected City departments or public agencies as may be appropriate for review and comment.

Issues, including but not limited to police and security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control, shall be satisfactorily addressed by the applicant, as required by the City Planner or other City departments in their administration of other City regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health, tent, encroachment, and other permits. Required permits by outside agencies are the sole responsibility of the applicant.

Cash Bond. A cash bond or other guarantee shall be posted with the City for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.

Liability Insurance. The applicant must provide to the City proof of minimum liability insurance in an amount determined by the City Attorney for the special event prior to approval of the event.

Notification. The City Planner may also require the applicant to provide notification to affected neighboring uses. Reasonable notification requirements shall be determined by the City Planner.

§ 9420.22 GARAGE, YARD, MOVING, AND ESTATE SALES.

Upon the issuance of a permit by the City Planner, garage, yard, moving, or estate sales are allowed in the garage, driveway, and/or front yard or setback areas of a dwelling unit in the R-1, R-2, R-3, or R-3-O zones. Garage, yard, moving, and estate sales include the display of personal household goods for sale.

Garage, yard, moving, and estate sales shall be permitted as temporary accessory uses in residential zones subject to the following regulations:

Application. An application to conduct a garage, yard, moving, or estate sale shall be made to the City Planner provided on forms provided by the City Planner available at the City.

Fee. Such applicant shall pay a fee as determined by the Council Resolution for each permit at the time of issuance.

Sale Frequency.

Garage, yard, or moving sales may be conducted a maximum of two times per calendar year per residence and may not be conducted for more than two consecutive days or three days on extended national holidays. Inclement weather may extend the period of time equal to the days lost.

Estate sales may be conducted a maximum of 10 days per calendar year per residence and may not be conducted on more than two consecutive weekends.

Hours. The hours of the garage, yard, moving, and estate sales shall be no earlier than 7:00 a.m. and no later than 8:00 p.m.

Sale Area.

Garage, yard, and moving sales areas shall be confined to the garage and the driveway area within the front setback area. Where no driveway exists, one-half (½) of the property width in the front setback area may be used for the sale of merchandise.

Estate sales shall only include sale of household goods inside the dwelling unit.

No item for sale shall obstruct the public right-of-way.

Prohibitions. It is unlawful for any person to exchange, barter, trade, or sell any of the following at a garage, yard, moving, or estate sale: firearms, ammunition, or explosives; undomesticated animals and livestock; any item of personal property from which the serial number has been removed; or any other item prohibited by City, county, state, or Federal law. Additionally, outside consignments and lot purchases and the like shall not be permitted.

Estate Sales. Estate sales shall only be conducted by a duly licensed and bonded liquidation company. The amount of bond shall be as determined by the City Planner.

(Amended by Ord. 1248, adopted 7-28-09)

§ 9422 CONVALESCENT HOSPITALS AND NURSING HOMES.

§ 9422.02 INTENT AND PURPOSE.

The purpose of the section is to provide uniform criteria and minimum standards for the development or redevelopment of convalescent hospitals, nursing homes, and similar convalescent uses, to ensure compatibility with surrounding land uses.

§ 9422.04 STANDARDS.

The following standards shall be used in the construction of a new facility or the redevelopment of an existing structure for convalescent uses.

Private rooms shall have a minimum of 150 square feet, exclusive of bathrooms, cabinets, and the like.

Rooms having two beds shall have a minimum of 200 square feet, exclusive of bathrooms, cabinets, and the like.

Rooms having three beds shall have a minimum of 300 square feet, exclusive of bathrooms, cabinets, and the like.

Rooms having four beds shall have a minimum of 400 square feet, exclusive of bathrooms, cabinets, and the like, subject to Section 9422.04(G).

Rooms having five beds shall have a minimum of 500 square feet, exclusive of bathrooms, cabinets, and the like, subject to Section 9422.04(G).

Rooms having six beds shall have a minimum of 600 square feet, exclusive of bathrooms, cabinets, and the like, subject to Section 9422.04(G).

No more than 12% of the patients may be maintained in rooms having more than three beds per room, but in no case shall any one room exceed six patients.

Patients' rooms shall be set back 20 feet from any public right-of-way and 10 feet from any area used for automobile parking. Setback areas abutting the public right-of-way shall be landscaped with trees or shrubs. Setback areas adjacent to a parking area shall be landscaped with trees and shrubs, and a wall three feet to three and one-half (3-½) feet in height shall be constructed abutting the parking area.

There shall be provided a separate bathroom not less than three feet six inches by six feet in each patient's room, except that one bathroom may be provided for each two rooms having two beds. Rooms having more than four beds shall have two toilets.

Patients' rooms having more than one bed shall have suitable curtain track for enclosing each bed for privacy. Freestanding screens may be used as auxiliary equipment.

A minimum distance of three feet shall be provided between a bed and a parallel wall, four feet between beds, and five feet between the foot of a bed and walls. Where an aisle separates two beds, the width of the aisle shall be five feet.

Patients' rooms and other facilities shall be arranged for the convenient use of patients in wheelchairs.

One general bathing area shall be provided, which shall include a bathtub and shower, for each 12 beds.

§ 9422.06 GENERAL REQUIREMENTS.

A main lobby and waiting room shall be provided having not less than 900 square feet of floor area. A public telephone shall be provided in or near the lobby.

A covered entrance extending to a driveway shall be provided.

There shall be provided a multi-purpose recreation room having not less than 400 square feet of floor area for each 40 patients. Such room may be reduced to 300 square feet when an ancillary reading-recreational room of at least 100 square feet is provided for each 40 patients.

There shall be provided a main dining room having not less than 18 square feet of floor area for each person for whom the accommodations are designed based on maximum occupancy.

A physical therapy room shall be provided having not less than four square feet of floor area for each authorized bed.

Visiting hours shall not be less than five hours per day, seven days a week, and shall extend to 8:00 p.m.

The height of ceilings in all rooms and areaways shall be not less than eight feet.

The minimum width of corridors shall be not less than nine feet.

The total glass area of a patient's room shall be not less than 2/3 the width or one-half (½) the height of a wall opening to an area outside the building. Fixed tinted windows shall be installed in all patients' rooms adjacent to any public right-of-way.

Doors to patients' rooms, recreation rooms, dining rooms, and general bathing areas shall be not less than four feet in width.

The opposite walls of interior or open end court yards shall not be closer than 30 feet. Trees, shrubs, and the like shall be permanently maintained. Walkways shall not be located closer than seven feet to the patients' rooms. Adequate benches shall be provided.

Individual room lighting shall be provided for each room, and night stands shall be provided for each bed.

Patients' rooms shall have individual closet space for each bed.

Patients' rooms shall be provided with air conditioning to the standards of the Building and Safety Division.

§ 9424 TEMPORARY USES AND STRUCTURES.

§ 9424.02 INTENT AND PURPOSE.

The intent and purpose of this section is to allow for the establishment of certain temporary uses of limited duration, provided that such uses are discontinued upon the expiration of a set time period. Temporary uses do not involve the construction or alteration of any permanent building or structure. Temporary uses shall require a Temporary Use of Land Permit in accordance with the provisions of Section 9814. Some temporary uses may be considered a special event in accordance with the provisions of Section 9420 and may be subject to a Special Event Permit in accordance with the provisions of Section 9814.

§ 9424.04 GENERAL STANDARDS.

All temporary uses and structures shall meet the following general requirements, unless otherwise specified in this section:

The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

The temporary use shall not have substantial adverse noise impacts on nearby residential uses.

Fencing and screening shall be required, and reviewed and regulated as part of the Temporary Use of Land permit.

Permanent alterations to the site are prohibited.

If the property is developed, the site of the temporary use shall contain an area that supports the temporary use without encroaching into or creating a negative impact on existing buffers, open space, landscaping, pedestrian and vehicular traffic movements (including emergency vehicle access), and parking space availability.

If the property is undeveloped, the site of the temporary use shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers.

Temporary structures shall be located so as to not interfere with the normal operations of any permanent use located on the property.

The temporary use shall not violate any applicable conditions of approval that apply to the main use on the site.

Off-street parking shall be adequate to accommodate the proposed temporary use.

All approved temporary signs associated with the temporary use shall be removed when the activity ends.

All inspections and permits required by applicable construction codes shall be obtained.

Any temporary use or structure, which will be utilized for longer than 90 days, may be reviewed for aesthetic impacts by the City Planner.

Any temporary use or structure shall provide on-site, ADA accessible, sanitary restroom facilities.

All temporary structures shall be approved through a Temporary Use of Land Permit in accordance with the procedures in Section 9814, unless otherwise approved in accordance with the procedures in Section 9420 and Special Event Permit procedures in Section 9814.

§ 9424.06 SPECIFIC STANDARDS.

Construction-Related Activities – Temporary Buildings and Building Materials. Temporary construction-related activities, including construction offices and storage buildings, outdoor storage, restroom facilities, employee parking areas, and any other temporary construction-related use or activity may occur on a lot in any zone during the construction period, but not for a time period exceeding one year. Such temporary storage of building materials and such buildings and structures shall be removed immediately upon the completion of the project. The City Planner, for good cause shown, may extend the time not to exceed one year. The lot or area used for temporary activities shall be restored to its previous condition or integrated into the new development consistent with approved permits for the site.

Temporary Construction Fences. Temporary construction fences may be approved by the Building Official on a lot in any zone during the construction period, but not for a time period exceeding one year. Temporary construction fences shall not require a Temporary Use of Land Permit. Such temporary construction fences shall be removed immediately upon the completion of the project. The Building Official, for good cause shown, may extend the time not to exceed one year.

Temporary Dwellings. In any residential zone an existing dwelling on a lot may be used for temporary dwelling purposes during the construction of a permanent dwelling, and the nearest portion of the temporary dwelling shall be located not closer than 50 feet to the front lot line, and in no case shall such temporary dwelling remain on such lot longer than 60 calendar days after the completion of the permanent dwelling.

Temporary Occupancies. The temporary occupancy of managerial units may be granted for rental property. An individual building in multi-building developments may be granted temporary occupancy provided all units in the building are complete; all yard improvements, such as walks, paving, parking, solid waste storage areas, or other requirements for that building, are complete; and provided the occupancy of all units in the last building of a multi-building development shall be withheld until all requirements of the project have been completed.

§ 9426 WIRELESS COMMUNICATION FACILITIES.

§ 9426.02 INTENT AND PURPOSE.

The purpose of these requirements is to provide placement, design, and screening criteria to regulate the establishment of wireless communication facilities to protect the public health, safety, general welfare, and quality of life in the City, while providing needed flexibility to wireless communication providers. Additionally, these regulations protect the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage cellular facilities with their surroundings. This section shall be applied on a competitively neutral and nondiscriminatory basis to all applicants for wireless communication facilities.

§ 9426.04 DEVELOPMENT REGULATIONS.

Applicants proposing the development of wireless communication facilities in the City shall locate their antennas based on the following priorities:

Collocation onto an existing wireless base station or tower.

On the side, roof, and/or penthouse of an existing building that does not have other wireless facilities.

Construction of a new tower facility.

Except as noted below in Section 9426.04(c), wireless communication facilities shall require approval of a Conditional Use Permit, pursuant to Section 9824, and shall be subject to the following regulations:

Wireless communication facilities shall not be located within the R-1 or R-2 Zones, except on non-residentially improved properties.

In the R-3, R-3-O, and M-U Zones, wireless communication facilities shall only be located on the side, roof, and/or penthouse of an existing building.

In all other zones, wireless communication facilities may be located either on the side, roof, and/or penthouse of an existing building; or may be located on a new standalone/tower facility.

Wireless communication facilities shall be designed to conceal (stealth) all antennas and related equipment.

Wireless communication facilities shall not bear any signs or advertising devices except for warnings, certification, or other required seals or signing addressing public safety.

All accessory equipment associated with the operation of a wireless communication facility shall be located within a building enclosure, or in an underground vault that complies with the development standards of the zone in which the accessory equipment is located. If the equipment is to be located above ground, it shall be housed in a structure that is visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.

Facilities shall be constructed with colors and non-reflective materials that blend with their surroundings.

Facilities should be located whenever possible where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

Facilities should be located whenever possible near light poles, trees, water tanks, church steeples, and in areas where the proposed facility will not excessively detract from the image of the City.

All wireless communication facilities shall be located at the lowest possible height that will allow them to operate. In no case shall any such facility exceed the maximum permitted height for the applicable zone in which it is to be located, except as listed below:

Wireless communication facilities that are located on the roof of an existing building may extend to an additional six feet above the roof of the building.

New tower facilities shall not exceed a height of 38 feet in any zone, regardless of any other applicable height limitation for that zone. However, this height may be increased to 50 feet provided the tower is more than 200 feet from any residential zoned property.

Wireless communication facilities shall comply with all setback, building separation, lot coverage, landscaping, variable height, and all other additional standards established for the zone in which the tower facility is to be located, and as determined by the City Planner.

Notwithstanding the requirements set forth in subsection (b), any change to an existing wireless communication facility that does not substantially change the physical dimensions of the wireless communication facility, shall be considered in compliance with the original approval and development standards. For purposes of this section, a substantial change to the physical dimensions shall mean any of the following:

Increase the height of the wireless communication facility by more than 10%, not to exceed 20 feet, or one additional array.

Protrudes from a tower further than the existing appurtenances or 20 feet, whichever is greater.

Protrudes from a base station structure more than six feet.

Adds more than four equipment cabinets.

Requires excavation outside of the existing lease area.

Would defeat the existing concealment elements of the tower or base station.

Does not comply with any conditions of approval of a prior approval, except conditions limiting the number of antennas/equipment, height, or width of the wireless communication facility.

(Amended by Ord. 1248, adopted 7-28-09; Ord. 1339, adopted 5-12-15)

§ 9426.06 APPLICATIONS.

In addition to the submittal requirements set forth in Section 9824, the following information shall be submitted with an application for a wireless communication facility:

Maps of the immediate area that demonstrate network coverage within and without the proposed facility. Said maps shall illustrate, by capacity analysis, propagation analysis and/or decibel level, report the quality of service provided by the applicant both at present and after installation of the proposed wireless facility. The maps/reports shall indicate areas where coverage will be improved, and shall include areas where the applicant currently has no coverage, a significant degradation in coverage or "dead zones."

Network master plan that shows the location (including address) of all existing and proposed wireless facilities for the provider within the City of Downey, as well as those located outside of the City of Downey that will serve areas within the City of Downey.

Photographic simulations that demonstrate how the facility will appear on the site, including all methods that will be used to stealth the facility from view.

A landscape plan illustrating all trees and foliage that are currently located on the site, and which illustrates new trees and foliage that will be placed on the site for stealthing purposes.

The applicant's authorization for the City to retain an independent, qualified consultant to evaluate any technical aspect of the proposed wireless communication facility, including but not limited to, compliance with applicable FCC emissions standards, potential for interference with existing or planned public safety emergency response telecommunication facilities, the improvement in coverage due to the proposed wireless communication facility, or an analysis of the feasibility of alternate sites or stealthing methods. The application shall include a monetary deposit, as set by resolution of the City Council, and an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation.

An applicant may request a waiver from the requirements of this Section 9426, pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(B)(i)). The City shall have the right to retain the services of an independent, qualified consultant, at the applicant's expense, as set forth in Section 9426.06(E), to evaluate the issues raised by the waiver request.

§ 9426.08 CITIZEN BAND EQUIPMENT.

Persons establishing, constructing, operating, or maintaining citizen band equipment shall conform to all Federal Communications Commission (FCC) regulations and the Downey Municipal Code.

§ 9426.10 SATELLITE DISH ANTENNAS.

Satellite dish antennas shall be reviewed and approved by the City Planner for compliance with the following development standards:

Satellite dish antennas shall not be permitted in the required front yard or street side yard (corner lots), except for the following:

Satellite dish antennas including portable dish antennas two feet in diameter or smaller.

Ground-mounted satellite dish antennas shall not exceed a height of 15 feet to the top of the dish.

All satellite dish antennas shall be supported on a stable, supported base or tower approved by the Building and Safety Division.

Application for permits for roof-mounted satellite dish antennas greater than two feet in diameter shall be reviewed and approved through the Site Plan Review process by the Commission. The Commission shall require the applicant to demonstrate that a suitable location does not exist on the property for a ground-mounted antenna. Valid reasons for lack of suitability include electrical interference, lack of space due to existing property improvements, and conflict with other ordinances or easements.

The maximum diameter of a roof-mounted satellite dish antenna on the principal dwelling or accessory structure shall be five feet, and the roof-mounted satellite dish antenna shall be restricted to the rear one-half (½) of the principal dwelling or accessory structure from any street frontage.

The top of a roof-mounted antenna greater than two feet in diameter shall not exceed five feet from the top of the antenna to a point on the roof directly below.

The Commission shall require that the placement of each approved roof-mounted antenna in conformance with these regulations minimizes visibility from the street.

§ 9426.12 ABANDONMENT.

Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises and in no circumstance later than 30 days after the discontinuation of said use. A facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements.

All facilities determined to be abandoned and not removed within the required 30 day period from the date of notice shall be in violation of this article, and operators of the facility and the owners of the property shall be subject to penalties for violations under Section 9426.14. The City may remove all abandoned facilities following the 30 day removal period at the operators' expense. Facilities removed by the City shall be stored for 15 days before being disposed of by the City.

§ 9426.14 VIOLATIONS AND PENALTIES.

Violations of this section shall constitute a misdemeanor punishable by fine or imprisonment or both pursuant to Chapter 2 of this article. Each day the violation continues is punishable as a separate offense pursuant to Article I, Chapter 2, Section 1200 of the Downey Municipal Code.

§ 9428 MARIJUANA REGULATIONS.

§ 9428.02 INTENT AND PURPOSE.

It is the intent of these regulations to prohibit medical marijuana and non-medical commercial cannabis activity, including deliveries, manufacturing, cultivation, possession, processing, storing, laboratory testing, labeling, distribution, and sale of non-medical cannabis products and medical cannabis products within the meaning of the California Business and Professions Code Section 19300 et seq., and to prohibit personal outdoor cultivation, to the extent permitted by state law in order to protect public health, safety, and welfare; and to avoid adverse secondary impacts that are derived by the operation of said facilities.

(Added by Ord. 1384, adopted 10-24-17)

§ 9428.04 COMMERCIAL CANNABIS ACTIVITY PROHIBITED.

It is unlawful for any person or entity to own, manage, conduct, or operate any commercial cannabis establishment or activity or to participate as an employee, contractor, agent or volunteer, primary caregiver, qualified patient, or in any other manner or capacity, in the City of Downey.

(Added by Ord. 1384, adopted 10-24-17)

§ 9428.06 COMMERCIAL CANNABIS ESTABLISHMENT PROHIBITED.

It is unlawful for any person or entity to own, manage, conduct, or operate or to assist in the operation of any commercial cannabis establishment within the City of Downey.

(Added by Ord. 1384, adopted 10-24-17)

§ 9428.08 MARIJUANA DELIVERY PROHIBITED.

Delivery of any medical marijuana, medical marijuana products, non-medical marijuana, and non-medical marijuana products, including, but not limited to, any marijuana-infused product such as tinctures, baked goods or other consumable products from and/or to any location within the City is prohibited.

(Added by Ord. 1384, adopted 10-24-17)

§ 9428.10 MARIJUANA CULTIVATION PROHIBITED.

Unless authorized pursuant to Section 9428.12 of this Code, it is unlawful for any person or entity to cultivate medical and/or non-medical marijuana for any purpose within the City of Downey.

(Added by Ord. 1384, adopted 10-24-17)

§ 9428.12 INDOOR MARIJUANA CULTIVATION FOR PERSONAL CONSUMPTION.

Cultivation of marijuana indoors for personal consumption shall be permitted within a fully enclosed and secure structure by persons 21 years of age or older, which shall conform to the following minimum standards:

Cultivation shall only be conducted within a fully enclosed and secure structure, and all areas used for cultivation shall comply with all applicable Zoning, Building, and Fire Codes adopted by the City of Downey, including obtaining all required permits, inspections and approvals.

Cultivation shall be limited to up to six living marijuana plants:

For properties with a single-family or duplex residential dwelling unit(s), the cultivation of marijuana may be located within the residential unit or a fully enclosed and secure structure. An accessory structure to be used for marijuana cultivation shall not be located within any front yard or street side yard;

For all other residentially developed properties, cultivation of marijuana may only be located within a fully enclosed and secure structure within a residential dwelling unit;

For accessory dwelling units, cultivation of marijuana is prohibited.

Marijuana plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity.

The person or primary caregiver cultivating the marijuana shall reside full-time in the unit where the marijuana cultivation occurs.

Indoor lights required for marijuana cultivation in any structure shall not exceed an aggregate of 1,200 watts and shall comply with all applicable building code regulations.

Gas products (including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana.

Any residential structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the unit or structure and that shall comply with all applicable Building Code regulations, including obtaining all required permits, inspections and approvals. The ventilation and filtration system must be approved by the city and installed prior to commencing cultivation within the fully-enclosed and secure structure.

Marijuana cultivation occurring within a fully enclosed and secure structure shall be in a cumulative area totaling no larger than 50 square feet.

The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

The garage of a residential structure shall not be used for marijuana cultivation and shall remain free and clear of marijuana cultivation equipment or living marijuana plants.

Marijuana cultivation areas shall have adequate mechanical locking or electronic security systems installed prior to cultivation, and said areas shall remain secure at all times and not be accessible to persons under 21 years of age.

A portable fire extinguisher, which complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the same room as where the cultivation occurs.

No exterior evidence of marijuana cultivation occurring at the property shall be visible from public view.

(Added by Ord. 1384, adopted 10-24-17)

§ 9428.14 MEDICAL RESEARCH EXEMPTION.

The storage and testing of marijuana, and its derivatives, for Federally funded medical research purposes that are conducted under strictly-controlled, clinical, research or laboratory settings, and approved by the Food and Drug Administration and the Drug Enforcement Agency, in association with a hospital and/or university, and licensed by the California Department of Public Health, is exempt from Sections 9428.04, 9428.06, and 9428.08 of this Code.

(Added by Ord. 1384, adopted 10-24-17)

§ 9430 EMERGENCY SHELTERS, TRANSITIONAL/SUPPORTIVE HOUSING.

§ 9430.02 INTENT AND PURPOSE.

The intent and purpose of this section is to set forth a uniform set of standards for emergency shelters, transitional housing, and supportive housing.

(Added by Ord. 1313, adopted 6-11-13)

§ 9430.04 EMERGENCY SHELTER STANDARDS AND REGULATIONS.

In addition to the development standards of the zone in which they are located, emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations:

A single emergency shelter for 30 occupants, or a combination of multiple shelters with a combined capacity not to exceed 30 occupants, shall be allowed as a permitted use, consistent with Section 65583(a)(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below and the development standards of the zone in which they are located. Any emergency shelter with a capacity greater than 30 occupants shall also be subject to the approval of a conditional use permit, as set forth in Section 9824 of this Code.

The facility shall operate on a first-come, first-serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

To avoid over-concentration of emergency shelter facilities, a minimum distance of 500 feet shall be maintained from any other emergency shelter, as measured from the property line.

Service providers shall provide sufficient numbers of male and female toilets-restrooms for clients and prospective clients to have access to use on a 24 hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six foot tall decorative wall or fence.

Adequate waiting areas must be provided within the premises for clients and prospective clients including 10 square feet per bed, with a minimum of 100 square feet, to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

Facility improvements shall comply with the Downey Municipal Code and the most current adopted Building and Safety Code, specific to the establishment of dormitories and shall additionally provide:

A minimum of one toilet for every eight beds per gender.

A minimum of one shower for every eight beds per gender.

Private shower and toilet facility for each area designated for use by individual families.

Bike rack parking shall be provided at the facility.

Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of Section 9520 of this Code.

The facility may provide the following services in a designated area separate from sleeping areas:

A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six foot tall visually screening decorative wall or fence.

A counseling center for job placement, educational, health care, legal services, or mental health services.

Laundry facilities to serve the number of clients at the shelter.

Kitchen and dining area.

Client storage area.

Similar types of facilities to address the needs of homeless clients, as determined by the City Planner.

A shelter management plan shall be submitted to the City Planner for review and approval prior to the establishment of an emergency shelter. The shelter management plan shall address all of the following:

Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the City prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project.

A minimum of one staff member per 15 beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code Section 290.

Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment.

Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Downey.

Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed 120 days in a 365 day period.

Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.

Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity shall be provided to the City Planner.

Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every 24 hour period.

Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, City staff, or the general public.

Service providers shall address how staff will address and regulate alcohol and illegal drug use by clients on the premises.

Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Readmittance policies for clients who have previously been expelled from the facility shall also be established.

(12)

The establishment shall implement other conditions and/or measures as determined by the City, in consultation with other City/County agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

(13)

Other requirements as deemed necessary by the City to ensure that the facility does not create an adverse impact to surrounding properties.

The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, Building and Fire Codes. The facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's Management Plan and other applicable laws and standards.

(Added by Ord. 1313, adopted 6-11-13)

§ 9430.06 TRANSITIONAL HOUSING AND SINGLE RESIDENT OCCUPANCY (SRO), STANDARDS AND REGULATIONS.

Transitional housing and single resident occupancy ("SRO"), also known as efficiency residential units or single room occupancy, shall be subject to and comply with the development standards in which they are located and the following standards and regulations.

Units shall have a minimum size of 150 square feet and a maximum of 400 square feet.

Each unit shall accommodate a maximum of two persons.

Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of Section 9520 of the Code.

Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units of fractional number thereof, with at least one washer and dryer per floor.

A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility.

Each unit required to provide a separate bathroom containing a water closet, lavatory and bathtub and/or shower.

Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than 30 inches in front.

Each SRO (efficiency) unit shall have a separate closet.

SRO (efficiency) units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

An SRO (efficiency) unit project shall not be located within 500 feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

An SRO (efficiency) unit project with 10 or more units shall provide on-site management. A project with less than 10 units may provide a management office off-site.

Tenancy of SRO (efficiency) units shall not be less than 30 days.

(Added by Ord. 1313, adopted 6-11-13)

§ 9432 BODY ART OR TATTOO FACILITIES.

§ 9432.02 INTENT AND PURPOSE.

It is the intent and purpose of this section to regulate the operation of facilities that perform body art (including tattooing) to provide for the health, safety, and welfare of the public and to ensure compliance with California Health and Safety Code Section 119300 et seq.

§ 9432.04 FACILITY REQUIREMENTS.

No person shall establish or operate any body art facility without a current and valid Public Health Permit, as issued by the County of Los Angeles Department of Public Health.

Every body art facility shall have a sign posted on each entrance utilized by patrons stating that no person under the age of 18 years is allowed on site unless accompanied by their parent or legal guardian.

No operator of a body art facility (including any owner, manager, or other person in control) shall allow any person who is not registered with the County of Los Angeles Department of Public Health to perform body art at the facility.

Every operator of a body art facility (including any owner, manager, or other person in control) shall post and display a certificate (as issued by the County of Los Angeles Department of Public Health) for each body art practitioner performing body art at the facility in a prominent area visible to patrons.

Every operator of a body art facility (including any owner, manager, or other person in control) shall strictly adhere to the Safe Body Art Act (as contained in California Health and Safety Code Sections 119300 et seq.), as that act may be amended from time to time.

§ 9432.06 PRACTITIONER REGISTRATION.

No person shall perform body art without having registered with the County of Los Angeles Department of Public Health, and/or without maintaining a current and valid registration with the County of Los Angeles Department of Public Health.

No person shall perform body art at any facility for which a current and valid Public Health Permit has not been issued by the County of Los Angeles Department of Public Health.

No person shall perform body art at any facility without having a current and valid certificate (as issued by the County of Los Angeles Department of Public Health) posted and displayed in a prominent area visible to patrons.