Chapter 3 — ZONES AND STANDARDS

To carry out the purposes of this chapter, as set forth in Section 9104 of this article, the City is hereby divided into 19 zones, to be known by the zoning symbols and classifications as shown in Table 9.3.1:

Table 9.3.1. Zones Established

(Amended by Ord. 1397, adopted 7-10-18; Ord. 25-1520, 1/28/2025)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (a) The intent and purpose of these residential zone regulations is to:

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

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

  • (3) Designate lands to accommodate housing units that meet the diverse economic needs of the residents.

  • (4) Encourage residential development that retains the scale and character of existing residential neighborhoods.

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

  • (6) Protect residential neighborhoods from incompatible uses.

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

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

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

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

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

• (a) R-1 – 5,000 = 5,000 square feet minimum lot size;

• (b) R-1 – 6,000 = 6,000 square feet minimum lot size;

• (c) R-1 – 7,500 = 7,500 square feet minimum lot size;

• (d) R-1 – 8,500 = 8,500 square feet minimum lot size; and

• (e) R-1 – 10,000 = 10,000 square feet minimum lot size.

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

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

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

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

Residential Zones Use Regulations

P = Permitted

NP = Not Permitted

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

• a Shall be developed to the R-1 5,000 development standards

• b Minor Conditional Use Permit (subject to Section 9814)

• c Nonresidentially improved properties only

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

• (a) The intent and purpose of these Commercial Zone regulations is to:

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

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

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

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

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

  • (6) Ensure the provision of adequate off-street parking and loading facilities.

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

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

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

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

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

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

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

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

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

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

• (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.5.

Table 9.3.5. Commercial Zones Use Regulations (P = Permitted NP = Not Permitted C = Conditional Use Permit)

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

• (a) Specific Development Standards. Table 9.3.6 identifies the development standards for all of the Commercial Zones.

Table 9.3.6. Commercial Zone Property Development Standards

Notes:

• a A mezzanine may be permitted in the C-1 Zone provided it does not exceed 30% of the square footage of the ground floor area.

• b When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.

• c Parking not permitted in the front or street side setbacks.

• d Major streets are defined as major, primary, and/or second arterials, as identified in the General Plan.

• e Side setbacks shall be five feet for the first and second floors; 10 feet for the third and fourth floors; and 15 feet for the fifth floor.

NA = Not Applicable

NR = No Requirement

(b) General Development Standards.

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

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

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

(Image not reproduced in this text.)

Figure 9.3.4 Outdoor Dining

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

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

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

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

• (b) Encourage development that exhibits the physical design characteristics of pedestrianoriented, storefront-style shopping streets that creates a more active and vibrant street life;

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

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

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

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

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

• (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.7.

Table 9.3.7. Mixed-Use Zone Use Regulations

P = Permitted

NP = Not Permitted

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

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

• (a) Specific Development Standards. Table 9.3.8 identifies the development standards for the Mixed-Use Zone.

Table 9.3.8. Mixed-Use Zone Property Development Standards

Notes:

NR = No Requirement du/ac = dwelling unit per acre

• a When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.

(b) General Development Standards.

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

• (2) Transparency.

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

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

• (3) Doors and Entrances.

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

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

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

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

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

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

(b) Noise.

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

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

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

• (c) Security.

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

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

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

(d) Lighting.

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

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

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

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

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

• (a) The intent and purpose of these Manufacturing Zone regulations is to:

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

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

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

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

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

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

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

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

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

• (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.9.

Table 9.3.9. Manufacturing Zones Use Regulations (P = Permitted NP = Not Permitted C = Conditional Use Permit required subject to Section 9824)

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

• (a) Specific Development Standards. Table 9.3.10 identifies the development standards for all of the Manufacturing Zones.

Table 9.3.10. Manufacturing Zone Property Development Standards

Notes

• a When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24.

NR = No Requirement

(b) General Development Standards.

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

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

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

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

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

• (a) Encourage orderly and harmonious development of public facilities.

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

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

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

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

• (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.11.

Table 9.3.11. Public Zone Use Regulations

P = Permitted

NP = Not Permitted

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

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

• (a) Specific Development Standards. Table 9.3.12 identifies the development standards for the Public Zone.

Table 9.3.12. Public Zone Property Development Standards

(b) General Development Standards.

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

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

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

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

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

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

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

• (d) Certain permitted uses and uses requiring a Conditional Use Permit may be subject to special conditions regarding location, operation, or the design of the use. The sections of this article governing these uses are identified in the "notes and exceptions" column of Table 9.3.13.

Table 9.3.13. Open Space Zone Use Regulations

P = Permitted

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

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

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

• (a) Specific Development Standards.

• (b) General Development Standards.

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

Table 9.3.14. Open Space Zone Property Development Standards

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

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

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

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

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

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

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

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

• (c) Where a conflict in regulations occurs, the regulations specified in this section shall apply.

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

The following standards shall apply to PUDs:

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

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

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

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

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

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

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

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

• (g) Residential Density Incentive. Refer to Section 9512 for residential density incentive programs.

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

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

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

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

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

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

• (k) Open Space. Open space for PUDs shall meet the requirements of the base zone.

• (l) Miscellaneous.

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

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

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

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

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

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

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

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

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

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

(c) Where a conflict in regulations occurs, the regulations specified in this section shall apply. (Added by Ord. 1397, adopted 7-10-18)

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

• (a) Biomedical uses;

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

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

• (d) Hospitals;

• (e) Medical equipment sales;

• (f) Medical outpatient services; and

• (g) Office, medical. (Added by Ord. 1397, adopted 7-10-18)

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

• (a) Bars, taverns, pubs, micro-breweries with food and drink;

• (b) Convention and exhibition halls;

• (c) Parks and recreational facilities;

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

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

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

All development standards applicable to uses located in the Biomedical Overlay Zone are specified in the regulations set forth in the commercial and manufacturing base zones. Any development standards not listed for uses allowed in the Biomedical Overlay Zone are conditional uses required to be integrated into a primary use with specified development standards which shall take precedence over the entire development. In the case of residential uses allowed as part of a primarily biomedical mixed-use development, all development standards not specified for the residential portion of the project in the commercial base zones shall be determined through the Site Plan Review and Conditional Use Permit application processes. (Added by Ord. 1397, adopted 7-10-18)

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

(a) Conditional Use Permits.

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

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

(b) Site Plan Review.

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

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

(c) Business Licenses.

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

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

(d) Building Permits.

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

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

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

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

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

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

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

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

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

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

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

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

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

• (Added by Ord. 25-1520, 1/28/2025)

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

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

Table 9.3.15. Housing Overlay Zones Use Regulations (P = Permitted; NP = Not Permitted; C = Conditional Use Permit; SPR = Site Plan Review)

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

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

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

  • (2) For nonresidential projects that do not contain residential uses the base zone standards

shall apply.

(b) General Development Requirements.

Table 9.3.16. Housing Overlay Zones Development Standards

Notes:

a When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: 20 feet for a one story building, 30 feet for a two story building, and 46 feet for a three story building. When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: no setback required for a one story building, 10 feet for a two story building, and 26 feet for a three story building. When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: 10 feet for a one story building, 15 feet for a two story building, and 20 feet for a three story building.

• b When abutting the R-1 Zone, the minimum setback shall be 10 feet.

• c Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.

d Each additional bedroom over four shall be a minimum of 130 square feet.

e For projects on properties identified in the Housing Element as lower income Regional Housing Needs Assessment rezone sites, those projects must comply with California Government Code section 65583.2(i) and (h) .

NA = Not Applicable

(c) Specific Development Requirements.

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

  • (i) Reduction in required usable open space area per dwelling unit by 50%

(ii) Reduction in required front setback by 50% (Added by Ord. 25-1520, 1/28/2025)

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

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

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

• (a) Review Authority.

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

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

(b) No Net Loss.

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

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

  • (ii) Applications for nonresidential development.

  • (iii) Projects that do not contain residential uses.

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

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

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

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

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

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

  • (3) Applicants may request a deferral of development impact fees until after temporary certificate of occupancy.

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