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HomeMy WebLinkAbout3. PLN-18-00016 - Biomedical OverlaySTAFF REPORT PLANNING DIVISION DATE: MAY 2, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, CITY PLANNER SUBJECT: ZONE TEXT AMENDMENT (PLN-18-00016) FOR CREATION OF A BIOMEDICAL OVERLAY ZONE LOCATION: CITYWIDE ZONING: VARIOUS REPORT SUMMARY To encourage the growth of the biomedical industry within the City of Downey, the City enlisted the services of a professional planning consultant (Civic Solutions) to prepare a biomedical overlay zone. This proposed action will amend the text of the Zoning Code to accommodate the new biomedical uses and will amend the Zoning Map to include five (5) areas of the City to be within the new Biomedical Overlay Zone. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, APPROVE A ZONE TEXT AMENDMENT AND AMEND THE ZONING MAP TO ESTABLISH A NEW BIOMEDICAL OVERLAY ZONE. BACKGROUND The biomedical industry is one of the fastest growing job sectors in Southern California. This not only includes medical offices and care facilities, but also includes all of the necessary support industries (manufacturing, research and development, education, pharmaceutical, etc.). In order to capitalize on Downey’s centralized location in the region and the three existing hospitals, the Mayor and City Council have made it a goal to attract new biomedical businesses to the City. As such, City staff was directed to procure the services of an outside consultant to prepare a biomedical overlay zone that enhances the existing Zoning Code and provides a catalyst to increasing biomedical businesses in Downey. With the City Council’s approval, staff procured the service of Civic Solutions. Agenda Page 1 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 2 Civic Solutions provided a multi-phase scope of work that includes the following: Phase 1 – project initiation and coordination; Phase 2 – research of bio-medical land use; Phase 3 – evaluation of the Downey’s existing Hospital-Medical Arts (H-M) zone and conducting a bio- medical assessment; and, Phase 4 – preparation of a new biomedical overlay zone. On March 15, 2017, staff and Civic Solutions presented the Phase 2 - Research Summary Report to the Planning Commission. This included a summary of the research that was completed and how Downey could benefit from having a Biomedical Overlay zone. On April 4, 2018, staff and Civic Solutions presented the Phase 3 and Phase 4 reports to the Planning Commission. This included an evaluation of Downey’s existing zoning, draft code language of the proposed biomedical overlay zone, and the proposed changes to the Zoning Map. On April 12, 2018, notice of the proposed project was published in the Downey Patriot and was directly mailed to all the property owners within the five (5) areas proposed to be included in the overlay. Additionally, staff posted a Notice of Intent to adopt a Negative Declaration with the Los Angeles County Recorder’s Office. DISCUSSION Civic Solutions has researched the key issues related to the biomedical industry, interviewed other jurisdictions that have a cluster of biomedical businesses, Downey’s hospitals, local universities, regional hospitals; identif ied Downey’s strengths and weaknesses, and interviewed biomedical stakeholders and experts. Based on this research, they found: 1. The biomedical field is highly sought after across the nation. Many jurisdictions, large and small, have incorporated incentives into their Zoning and/or Economic Development portfolios to attract this industry. 2. The City has the basic attributes desired by most biomedical uses. These include upgraded utilities and fiber optic networks, ready access to large employment and patient bases, existing hospital facilities, including the renowned Rancho Los Amigos National Rehabilitation Center, underdeveloped land with potential for redevelopment and proximity to biomedical clusters in Los Angeles, Orange and San Diego counties. 3. The Greater Los Angeles area is an emerging bioscience hub and Downey is already part of that cluster. The County of Los Angeles is actively pursuing development of bioscience clusters around the County, with Downey’s Rancho Los Amigos identified as one of a handful of sites critical to the Los Angeles County Biosciences Master Plan. 4. The City of Downey’s biomedical potential is limited by a lack of vacant land. Being built-out, there is a lack of available vacant land for firms seeking to “build fresh.” Instead, new facilities will require either the conversion of older structures or the razing of previously developed sites. 5. Cities with significant biomedical clusters across the United States provide a broad platform of incentives to attract biomedical uses. Zoning to facilitate and encourage Agenda Page 2 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 3 biomedical uses is one of several incentives used to attract biomedical uses, but additional incentives are typically needed. Text Amendments A biomedical business is one that is associated with medical or biological research, analysis, testing and manufacturing of medical products and equipment. The draft text amendments add new definitions to the Municipal Code, adjust the permitted use tables to accommodate the new overlay zone, and add a new Section 9326 for the Biomedical Overlay Zone (BIO) to the Municipal Code. The intent of these changes is to add flexibility to existing properties that will encourage the development and growth of biomedical businesses. It is important to note that these changes are not intended to remove uses from the base zone, but rather make new uses available. The proposed changes to the Municipal Code are as follows (blue underlined text is new and red strikethrough text is deleted): Chapter 1 – GENERAL PROVISIONS AND DEFINITIONS SECTION 9124. “B” DEFINITIONS. Biomedical Use: A land use associated with medical, technological, or biological research, analysis, testing, and manufacturing of medical products, equipment or related items. Such uses generally consist of the following: (1) Medical device or prosthesis prototype fabrication; (2) Production requiring advanced medical and biological technology and skills and directly related to medical research and development activities on the premises; (3) Manufacturing of biochemical research and diagnostic compounds to be used primarily by universities, laboratories, hospitals, and clinics for scientific research and developmental testing purposes; (4) Production of experimental medical, biochemical, or biotechnological products; (5) Development of biomedical-device related production or operating systems to be installed and operated at another location, including manufacturing of products necessary for such development; (6) Manufacturing of biological, biomedical, biotechnological, and pharmaceutical products; (7) Manufacturing of scientific, engineering, and medical instruments; (8) Research and development, and manufacturing of artificial intelligence-based devices, electronic components, software programs, and similar products, for medical applications. SECTION 9126. “C” DEFINITIONS. Clinical Service: An establishment which provides physical and mental health services on an individual, out-patient basis. The services may be of preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature, but do not include group counseling uses. Typical uses would include, but not be limited to, medical and health clinics, chiropractic/physical therapy clinics, individual counseling services and emergency/urgent care centers. SECTION 9134. “G” DEFINITIONS. Group Counseling: A counseling or therapy service that is provided to groups of five or more persons at a time. Examples of group-counseling uses include, but are not limited to, nutritional and diet centers; medical, clinical, and other health-related counseling; and career, professional, and life coaching. Agenda Page 3 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 4 SECTION 9136. “H” DEFINITIONS. Hospital: A State-licensed general acute care hospital, as defined by Health and Safety Code section 1250(a), that provides a wide range of emergency, clinical, and temporary medical services to the general public facility to which persons are may be admitted for overnight stay or longer for the diagnosis, care, or treatment of illness and injury or the prevention thereof, not including convalescent homes, sanitariums, and nursing homes. Hospital, Specialty: Any facility place, or building that is maintained and operated exclusively to provide 24-hour paid in-patient services for the specialized treatment and recovery of chronic health or mental health conditions or elective procedures or treatments. Services provided may include, but are not limited to, food service nutrition counseling acupressure, massage fitness and physical therapy, and pharmaceutical and medical attention. This type of facility is distinct from an acute care general hospital and from a residential use where these services are occasional or otherwise incidental to a primarily residential occupancy. SECTION 9144. “L” DEFINITIONS. Laboratories: Establishments providing medical or dental laboratory services or establishments providing photographic, analytical or testing services. Laboratory, Dry: A laboratory where dry materials, electronics, or large instruments are tested and analyzed, with limited piped services. Dry laboratories may require controlled temperature and humidity as well as dust control. Laboratory, Wet: A laboratory where chemicals, drugs or biological matter is tested and analyzed, and which typically requires water, direct ventilation, specialized piped utilities and protective measures. SECTION 9146. “M” DEFINITIONS. Medical Services: Services provided by a business or facility consisting of the services described within the definitions of “Clinical Service,” “Medical Outpatient Service,” and “Office, Medical,” as those terms are defined in this section, which are ancillary to a primary use consisting of medical or biological research and analysis, or the manufacturing of medical products, equipment or related items. Excludes the use, handling, analysis, testing, processing, growing, distribution, research or any other activity involving Marijuana (Cannabis sp.) or any of its derivatives. Medical Outpatient Service: A business or facility providing medical or health services, more intensive than those typically provided by a Medical Office use, without the need for an overnight stay, such as but not limited to, kidney dialysis, phlebotomists, physical therapy, prosthetics, individual wellness and health maintenance counseling, and urgent care. Medical Outpatient Services does not include Medical Office uses, Wet Laboratories, or Group Counseling services (as those terms are defined in this section). Microbreweries and brewpubs: Refers to small-scale, independently-owned breweries that emphasize traditional brewing methods, flavor and quality and that produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons) annually for on- and off-premises consumption. A Agenda Page 4 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 5 brewpub is an abbreviated term combining the ideas of a brewery and a pub or public-house. A brewpub can be a pub or restaurant that brews beer on the premises. SECTION 9150. “O” DEFINITIONS. Office, Medical and Dental: Offices and clinics used for the practice of medicine, chiropractic, dentistry, optometry, podiatry, and various forms of physical therapy. Excludes the overnight care of a patient. Office, Medical: A facility where medical services, typically involving evaluations or non- emergency procedures, and their associated managerial, administrative, and clerical functions, are conducted on-site or to patients off-site by the use of telecommunication technologies (for example, telephone or video-conferencing). Medical office includes: chiropodists, chiropractors, dentists, clinical service uses (defined in this section), optometrists, osteopaths, physicians, psychologists, surgeons, and other uses which the decision-making body determines are of a medical nature and similar. Medical office does not include Group Counseling uses or Medical Outpatient Services (as those terms are defined in this section). Excludes the overnight care of a patient. SECTION 9156. “R” DEFINITIONS. Research and Development: The pursuit of knowledge or creation of products in technology- intensive fields. Examples include, but are not limited to, research and development of computer hardware or software, information systems, industrial processes, technical/technological systems, communications systems, transportation, geographic information systems, multi-media and video technology. Laboratories may also be included in this use (see also “Laboratory, Dry” and “Laboratory, Wet” in this section). Development and construction of prototypes may be associated with this use. SECTION 9158. “S” DEFINITIONS. Specialty Hospital: Any facility place, or building that is maintained and operated exclusively to provide 24-hour paid in-patient services for the specialized treatment and recovery of chronic health or mental health conditions or elective procedures or treatments. Services provided may include, but are not limited to, food service nutrition counseling acupressure, massage fitness and physical therapy, and pharmaceutical and medical attention. This type of facility is distinct from an acute care general hospital and from a residential use where these services are occasional or otherwise incidental to a primarily residential occupancy. Chapter 3 – ZONES AND STANDARDS SECTION 9302. ZONES ESTABLISHED. To carry out the purposes of this chapter, as set forth in Section 9104 of this article, the City is hereby divided into seventeen (17) zones, to be known by the zoning symbols and classifications as shown in Table 9.3.1: Agenda Page 5 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 6 Table 9.3.1. Zones Established Zone Symbol Residential Zones Single-Family Residential Zone R-1 Two-Family Residential Zone R-2 Multiple-Family Residential Zone R-3 Multiple-Family Residential Ownership Zone R-3-0 Commercial Zones Professional Office Zone C-P Neighborhood Commercial Zone C-1 General Commercial Zone C-2 Central Business District Zone C-3 Commercial Manufacturing Zone C-M Hospital-Medical Arts Zone H-M Mixed-Use Zone Mixed-Use Zone M-U Manufacturing Zones Light Manufacturing Zone M-1 General Manufacturing Zone M-2 Public Zone Public Zone P Open Space Zone Open Space Zone O-S Planned Unit Development Overlay Zones Planned Unit Development Overlay Zone PUD Bio-Medical Overlay Zone BIO Downtown Plan Overlay Zone Downtown Plan Overlay Zone D-P SECTION 9314. COMMERCIAL ZONES. SECTION 9314.02. INTENT AND PURPOSE. (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 Minimize 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 Agenda Page 6 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 7 (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 and services that are compatible with related, and supportive of, uses permitted within the zone and with uses in adjacent zones development surrounding the zone. Agenda Page 7 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 8 SECTION 9314.04. COMMERCIAL ZONES USE REGULATIONS. Table 9.3.5. Commercial Zones Use Regulations (P = Permitted NP = Not Permitted C = Conditional Use Permit) Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions Eating and Drinking Establishments Bars, taverns, pubs, micro-breweries w/ food and drink NP NP C C C NP Accessory uses such as billiards, pool tables, darts, and game machines are also allowed. Financial, Professional Services and Office Uses Offices Does not include new and/or used vehicle brokers or wholesale offices business and professional P P P P NP NP medical and dental P P P P NP P Group Counseling NP NP NP NP C C Medical outpatient services NP NP P P NP P General Commercial Uses Biomedical Use NP NP NP NP P P Fax Blueprint and photocopy services P P P P P NP Hotels NP NP C C C NPC Medical equipment and orthopedic sales NP NP NP NP NP P Includes prostheses. Parking – surface and structure NP P P C P NPC Passenger stations, bus and rail NP NP P P P NPC Research and Development NP NP NP NP P C Schools, business, professional, trade, technical or vocational NP NP C C C NPC Schools, medical NPC NP NP NPC NPC P Taxicab stands C C C C C NP SECTION 9314.06. COMMERCIAL ZONES PROPERTY DEVELOPMENT STANDARDS. Table 9.3.6. Commercial Zone Property Development Standards Development Standard Zone C-P C-1 C-2 C-3 C-M H-M Yard setbacks - minimum (feet) side street (abutting major roads)c, d 10 20 15 NR 20 2010 street (abutting all other streets)c 5 5 5 5 15 2010 Agenda Page 8 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 9 SECTION 9318. MANUFACTURING ZONES. SECTION 9318.02. INTENT AND PURPOSE. (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 Minimize the impact of manufacturing uses on adjacent, commercial and neighborhood-oriented residential and commercial 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. SECTION 9318.04. MANUFACTURING ZONES USE REGULATIONS. Table 9.3.9. Manufacturing Zones Use Regulations (P = Permitted NP = Not Permitted C = Conditional Use Permit) Use M-1 M-2 Notes and Exceptions Manufacturing Uses Biomedical Use P P Equipment, instruments and medical/dental products and components Instruments P P Includes electronic, medical and dental tools, prosthetics, precision, measuring Office and related machinery P P Includes audio and visual machinery, computers Pharmaceuticals P P Includes cosmetics, drugs, perfumes, toiletries Laboratories, dry P P Includes medical, dental, research Laboratories, wet C C Services Blueprint and Fax Printing, and photocopy services P P Offices Does not include new and/or used vehicle Agenda Page 9 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 10 Use M-1 M-2 Notes and Exceptions business and professional P P brokers or wholesale offices. medical and dental C C Research and Development P P SECTION 9326. BIOMEDICAL OVERLAY ZONE (BIO). SECTION 9326.02. INTENT AND PURPOSE. The intent and purpose of the Biomedical Overlay Zone is to provide greater flexibility in the application of land planning concepts. The Biomedical Overlay Zone provides additional opportunities for bio-medical related uses beyond the medical office, hospital, research and development, and medical-device related uses allowed in the commercial and manufacturing base zones. Additionally, ancillary uses necessary to attract biomedical firms and professionals in the industry are provided for, such as mixed-use developments consisting of professional office or biomedical research facilities and residential uses, and other supporting services, such as restaurants and nightlife activities. The Biomedical Overlay Zone shall meet the objectives of the General Plan and this article, and further encourage the development of new biomedical uses through the relaxation of typical project review timelines, building permit issuance, and business license issuance. SECTION 9326.04. APPLICABILITY. (a) The Biomedical Overlay Zone, and the standards contained in this section, shall apply to all areas designated on the Official Zoning Map as being within the Biomedical 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. SECTION 9326.06. USES PERMITTED. 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) Agenda Page 10 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 11 (d) Hospitals (e) Medical Equipment Sales (f) Medical Outpatient Services (g) Office, Medical SECTION 9326.08. USES CONDITIONALLY PERMITTED. 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 w/ 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) (e) Retail sales, new (unless permitted by right in the base zone, in which case it shall be a permitted (P) use) SECTION 9326.10. DEVELOPMENT STANDARDS. All development standards applicable to uses located in the Biomedical Overlay Zone are specified in the regulations set forth in the commercial and manufacturing base zones. Any development standards not listed for uses allowed in the Biomedical Overlay Zone are conditional uses required to be integrated into a primary use with specified development standards which shall take precedence over the entire development. In the case of residential uses allowed as part of a primarily biomedical mixed-use development, all development standards not specified for the residential portion of the project in the commercial base zones shall be determined through the Site Plan Review and Conditional Use Permit application processes. SECTION 9326.12. APPLICATION REVIEW. The following review processes shall be modified to expedite the permitting and licensing process for new biomedical developments and businesses. The expedited processes listed below shall apply to all applications for development of projects intended to be primarily occupied by biomedical businesses or the establishment of biomedical businesses located in the Biomedical Overlay Zone. The application of these expedited processes shall be at the discretion of the City Manager, or his or her designee. The process expedited to encourage biomedical uses shall be as follows: (a) Conditional Use Permits (1) Within 60 days of a Conditional Use Permit application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision- making body. (2) The timeframes specified for the voiding of a Conditional Use Permit due to non- commencement of the use shall be extended by one (1) year. An applicant may still utilize any applicable extensions when made to the appropriate decision- making body. Agenda Page 11 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 12 (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 (1) 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 .2% of the building’s valuation. (2) The initial Building Permit plan check fee shall include 4 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 2 days for each of the first two (2) plan check reviews. Zoning Map Changes In order to implement this new zone, Staff is recommending five areas of the city to be included in the new biomedical overlay zone. These areas are outlined on the maps contained in Exhibit ‘B’ of this report, but include areas surrounding the Rancho Los Amigos Hospital, PIH Downey Hospital, the Woodruff/Washburn Industrial Area, Kaiser Downey, and portions of Telegraph Road. DEVELOPMENT REVIEW COMMITTEE This request to amend the Zoning Code did not require DRC review. Agenda Page 12 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 13 ENVIRONMENTAL ANALYSIS In accordance with the provisions of the California Environmental Quality Act (CEQA), an Initial Study for Environmental Impacts was prepared for the proposed project. During this analysis, potential impacts from air quality, traffic, noise, and geology among others were reviewed. Upon completion of the initial study, it was found that the project would result in “no or less than significant impacts,” resulting in a Negative Declaration. A copy of the Negative Declaration (ND) is attached to this report. There is a 21-day public comment period on the proposed Negative Declaration, which started on April 12, 2018. The final day to comment will be at the public hearing on May 2, 2018. As of the date this report was printed, staff has not received any comments on the Negative Declaration. FINDINGS Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted prior to the City approving the Zone Text Amendment. A discussion of the findings follows: A. The requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed amendments will encourage the growth of the biomedical industry within the City of Downey. The Greater Los Angeles area is an emerging bioscience hub and Downey is already part of that cluster. This Zone Text Amendment will boost job growth and spur economic development in the City. Job growth and economic development are two key factors that are desirable for the development of the community. Furthermore, the additionally biomedical uses allowed will not impact the surrounding residential uses, as the overlay zones are focused around the hospitals and industrial areas of the City. B. The proposed amendment is in general conformance with the General Plan. The proposed Zone Text Amendment will establish a new biomedical overlay zone, which is consistent with the goals and policies of the General Plan. Specifically, General Plan Goal 1.1 states, “Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses;” and Policy 1.1.3. states, “Provide an appropriate amount of land area for business and employment.” This amendment will establish areas of the City that can accommodate the growth of biomedical businesses and increase the job force of the City. Additionally, General Plan Goal 1.3. states, “Address changes in land use and zoning trends.” The biomedical field is one of the fastest growing industries in the country. This change will adjust the zoning to accommodate these new land uses. CORRESPONDENCE As of the date that this report was printed, staff has received one email from Chuckie Lyons (attached). Mr Lyons represents property on Firestone Blvd that will be incorporated in the overlay zone. In his email, Mr. Lyons expressed concerns about electromagnetic radiation, radioactive isotope contamination, and parking issues. Staff does not share the same concerns as Mr. Lyons has identified. Businesses that generate or utilize electromagnetic waves and Agenda Page 13 Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 14 radioactive isotopes are required to comply with the relevant Federal and State regulations. Furthermore, all businesses in the City of Downey are required to comply with the parking regulations set forth in the Municipal Code. CONCLUSION Based on the analysis contained within this report, the Biomedical Phase 2, 3, and 4 reports (distributed to the Planning Commission on April 4, 2018), and the attached Initial Study, staff is concluding that establishing a Biomedical Overlay Zone would be beneficial to the City. Staff further believes both required finding can be made in a positive manner. As such, staff is recommending that the Planning Commission recommend the City Council adopt a Negative Declaration, approve a Zone Text Amendment and amend the Zoning Map to establish a new Biomedical Overlay Zone. EXHIBITS A. Draft Planning Commission Resolution B. Biomedical Overlay Zone Maps C. CEQA Initial Study D. Correspondence received from Mr. Chuckie Lyons Agenda Page 14 RESOLUTION NO. _______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, APPROVE A ZONE TEXT AMENDMENT AND AMEND THE ZONING MAP TO ESTABLISH A NEW BIOMEDICAL OVERLAY ZONE. THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. The biomedical field is highly sought after across the nation. Many jurisdictions, large and small, have incorporated incentives into their Zoning and/or Economic Development portfolios to attract this industry; and, B. The Greater Los Angeles area is an emerging bioscience hub and Downey is already part of that cluster. The County of Los Angeles is actively pursuing development of bioscience clusters around the County, with Downey’s Rancho Los Amigos identified as one of a handful of sites critical to the Los Angeles County Biosciences Master Plan; and, C. The City of Downey desires to encourage the growth of the biomedical industry; and, D. City Council approved a professional service agreement with Civic Solutions to study and prepare the necessary code amendments to achieve the Council’s goal of growing the biomedical industry within the City. Civic Solutions prepared a Biomedical Assessment Report, which is incorporated hereto by reference; and, E. On April 12, 2018, a Notice of Intent to adopt a Negative Declaration was posted at the Office of the Los Angeles County Recorder/Clerk; and, F. On April 12, 2018, notice of the pending zone text amendment was published in the Downey Patriot and mailed to all property owners within the proposed overlay zone; and, G. The Planning Commission held a duly noticed public hearing on May 2, 2018, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that the project will not have a significant environmental impact. As such the Initial Study/Negative Declaration was circulated for public review from April 12, 2018 to May 2, 2018. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission hereby recommends the City Council of the City of Downey adopt a Negative Declaration of Environmental Impacts. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: Agenda Page 15 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 2 1. That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed amendments will encourage the growth of the biomedical industry within the City of Downey. The Greater Los Angeles area is an emerging bioscience hub and Downey is already part of that cluster. This Zone Text Amendment will boost job growth and spur economic development in the City. Job growth and economic development are two key factors that are desirable for the development of the community. Furthermore, the additional biomedical uses allowed will not impact the surrounding residential uses, as the overlay zones are focused around the hospitals and industrial areas of the City. 2. The proposed amendment is in general conformance with the General Plan. The proposed Zone Text Amendment will establish a new biomedical overlay zone, which is consistent with the goals and policies of the General Plan. Specifically, General Plan Goal 1.1 states, “Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses;” and Policy 1.1.3 states, “Provide an appropriate amount of land area for business and employment.” This amendment will establish areas of the City that can accommodate the growth of biomedical businesses and increase the job force of the City. Additionally, General Plan Goal 1.3 states, “Address changes in land use and zoning trends.” The biomedical field is one of the fastest growing industries in the country. This change will adjust the zoning to accommodate these new land uses. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following definition to Section 9124 of Article IX of the Downey Municipal Code to read as follows: Biomedical Use: A land use associated with medical, technological, or biological research, analysis, testing, and manufacturing of medical products, equipment or related items. Such uses generally consist of the following: (1) Medical device or prosthesis prototype fabrication; (2) Production requiring advanced medical and biological technology and skills and directly related to medical research and development activities on the premises; (3) Manufacturing of biochemical research and diagnostic compounds to be used primarily by universities, laboratories, hospitals, and clinics for scientific research and developmental testing purposes; (4) Production of experimental medical, biochemical, or biotechnological products; (5) Development of biomedical-device related production or operating systems to be installed and operated at another location, including manufacturing of products necessary for such development; (6) Manufacturing of biological, biomedical, biotechnological, and pharmaceutical products; (7) Manufacturing of scientific, engineering, and medical instruments; (8) Research and development, and manufacturing of artificial intelligence-based devices, electronic components, software programs, and similar products, for medical applications. SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following definition to Section 9126 of Article IX of the Downey Municipal Code: Clinical Service: An establishment which provides physical and mental health services on an individual, out-patient basis. The services may be of preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature, but do not include group Agenda Page 16 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 3 counseling uses. Typical uses would include, but not be limited to, medical and health clinics, chiropractic/physical therapy clinics, individual counseling services and emergency/urgent care centers. SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend the following definition in Section 9136 of Article IX of the Downey Municipal Code: Hospital: A State-licensed general acute care hospital, as defined by Health and Safety Code section 1250(a), that provides a wide range of emergency, clinical, and temporary medical services to the general public to which persons may be admitted for overnight stay or longer for the diagnosis, care, or treatment of illness and injury or the prevention thereof, not including convalescent homes, sanitariums, and nursing homes. SECTION 7. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following definition to Section 9136 of Article IX of the Downey Municipal Code: Hospital, Specialty: Any facility, place, or building that is maintained and operated exclusively to provide 24-hour paid in-patient services for the specialized treatment and recovery of chronic health or mental health conditions or elective procedures or treatments. Services provided may include, but are not limited to, food service nutrition counseling acupressure, massage fitness and physical therapy, and pharmaceutical and medical attention. This type of facility is distinct from an acute care general hospital and from a residential use where these services are occasional or otherwise incidental to a primarily residential occupancy. SECTION 8. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council delete the following definition from Section 9144 of Article IX of the Downey Municipal Code: Laboratories: Establishments providing medical or dental laboratory services or establishments providing photographic, analytical or testing services. SECTION 9. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following definitions to Section 9144 of Article IX of the Downey Municipal Code: Laboratory, Dry: A laboratory where dry materials, electronics, or large instruments are tested and analyzed, with limited piped services. Dry laboratories may require controlled temperature and humidity as well as dust control. Laboratory, Wet: A laboratory where chemicals, drugs or biological matter is tested and analyzed, and which typically requires water, direct ventilation, specialized piped utilities and protective measures. SECTION 10. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Agenda Page 17 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 4 Council add the following definitions to Section 9146 of Article IX of the Downey Municipal Code: Medical Services: Services provided by a business or facility consisting of the services described within the definitions of “Clinical Service,” “Medical Outpatient Service,” and “Office, Medical,” as those terms are defined in this section, which are ancillary to a primary use consisting of medical or biological research and analysis, or the manufacturing of medical products, equipment or related items. Excludes the use, handling, analysis, testing, processing, growing, distribution, research or any other activity involving Marijuana (Cannabis sp.) or any of its derivatives. Medical Outpatient Service: A business or facility providing medical or health services, more intensive than those typically provided by a Medical Office use, without the need for an overnight stay, such as but not limited to, kidney dialysis, phlebotomists, physical therapy, prosthetics, individual wellness and health maintenance counseling, and urgent care. Medical Outpatient Services does not include Medical Office uses, Wet Laboratories, or Group Counseling services (as those terms are defined in this section). Microbreweries and brewpubs: Refers to small-scale, independently-owned breweries that emphasize traditional brewing methods, flavor and quality and that produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons) annually for on- and off-premises consumption. A brewpub is an abbreviated term combining the ideas of a brewery and a pub or public-house. A brewpub can be a pub or restaurant that brews beer on the premises. SECTION 11. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council delete the following definition from Section 9150 of Article IX of the Downey Municipal Code: Office, Medical and Dental: Offices and clinics used for the practice of medicine, chiropractic, dentistry, optometry, podiatry, and various forms of physical therapy. Excludes the overnight care of a patient. SECTION 12. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following definition to Section 9150 of Article IX of the Downey Municipal Code: Office, Medical: A facility where medical services, typically involving evaluations or non-emergency procedures, and their associated managerial, administrative, and clerical functions, are conducted on-site or to patients off-site by the use of telecommunication technologies (for example, telephone or video-conferencing). Medical office includes: chiropodists, chiropractors, dentists, clinical service uses (defined in this section), optometrists, osteopaths, physicians, psychologists, surgeons, and other uses which the decision-making body determines are of a medical nature and similar. Medical office does not include Group Counseling uses or Medical Outpatient Services (as those terms are defined in this section). Excludes the overnight care of a patient. SECTION 13. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following definition to Section 9156 of Article IX of the Downey Municipal Code: Agenda Page 18 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 5 Research and Development: The pursuit of knowledge or creation of products in technology-intensive fields. Examples include, but are not limited to, research and development of computer hardware or software, information systems, industrial processes, technical/technological systems, communications systems, transportation, geographic information systems, multi-media and video technology. Laboratories may also be included in this use (see also “Laboratory, Dry” and “Laboratory, Wet” in this section). Development and construction of prototypes may be associated with this use. SECTION 14. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council delete the following definition from Section 9158 of Article IX of the Downey Municipal Code: Specialty Hospital: Any facility, place, or building that is maintained and operated exclusively to provide 24-hour paid in-patient services for the specialized treatment and recovery of chronic health or mental health conditions or elective procedures or treatments. Services provided may include, but are not limited to, food service nutrition counseling acupressure, massage fitness and physical therapy, and pharmaceutical and medical attention. This type of facility is distinct from an acute care general hospital and from a residential use where these services are occasional or otherwise incidental to a primarily residential occupancy. SECTION 15. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend “Table 9.3.1 – Zone Established” within Section 9302 of Article IX of the Downey Municipal Code to read as follows: Table 9.3.1. Zones Established Zone Symbol Residential Zones Single-Family Residential Zone R-1 Two-Family Residential Zone R-2 Multiple-Family Residential Zone R-3 Multiple-Family Residential Ownership Zone R-3-0 Commercial Zones Professional Office Zone C-P Neighborhood Commercial Zone C-1 General Commercial Zone C-2 Central Business District Zone C-3 Commercial Manufacturing Zone C-M Hospital-Medical Arts Zone H-M Mixed-Use Zone Mixed-Use Zone M-U Manufacturing Zones Light Manufacturing Zone M-1 General Manufacturing Zone M-2 Public Zone Public Zone P Open Space Zone Open Space Zone O-S Overlay Zones Planned Unit Development Overlay Zone PUD Bio-Medical Overlay Zone BIO Agenda Page 19 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 6 SECTION 16. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9314.02(a) of Article IX of the Downey Municipal Code to read as follows: (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. SECTION 17. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9314.02(g) of Article IX of the Downey Municipal Code to read as follows: (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. SECTION 18. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following uses to “Table 9.3.5. Commercial Zones Use Regulations” within Section 9314.04 of Article IX of the Downey Municipal Code: Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions Financial, Professional Services and Office Uses Group Counseling NP NP NP NP C C Medical outpatient services NP NP P P NP P General Commercial Uses Biomedical Use NP NP NP NP P P Agenda Page 20 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 7 Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions Research and Development NP NP NP NP P C SECTION 19. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend the following uses in “Table 9.3.5. Commercial Zones Use Regulations” within Section 9314.04 of Article IX of the Downey Municipal Code: Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions Eating and Drinking Establishments Bars, taverns, pubs, micro-breweries w/ food and drink NP NP C C C NP Accessory uses such as billiards, pool tables, darts, and game machines are also allowed. Financial, Professional Services and Office Uses Offices Does not include new and/or used vehicle brokers or wholesale offices business and professional P P P P NP NP medical P P P P NP P General Commercial Uses Fax and photocopy services P P P P P NP Hotels NP NP C C C C Medical equipment sales NP NP NP NP NP P Includes prostheses. Parking – surface and structure NP P P C P C Passenger stations, bus and rail NP NP P P P C Schools, business, professional, trade, technical or vocational NP NP C C C C Schools, medical C NP NP C C P SECTION 20. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council delete the following use from “Table 9.3.5. Commercial Zones Use Regulations” within Section 9314.04 of Article IX of the Downey Municipal Code: Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions Taxicab stands C C C C C NP SECTION 21. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9318.02 of Article IX of the Downey Municipal Code to read as follows: Agenda Page 21 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 8 (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 neighborhood-oriented 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. SECTION 22. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add the following uses to “Table 9.3.9. Manufacturing Zones Use Regulations” within Section 9318.04 of Article IX of the Downey Municipal Code: Use M-1 M-2 Notes and Exceptions Manufacturing Uses Biomedical Use P P Services Research and Development P P SECTION 23. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend the following uses in “Table 9.3.9. Manufacturing Zones Use Regulations” within Section 9318.04 of Article IX of the Downey Municipal Code to read as follows: Use M-1 M-2 Notes and Exceptions Manufacturing Uses Equipment, instruments and medical/dental products and components P P Includes electronic, medical and dental tools, prosthetics, precision, measuring Agenda Page 22 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 9 Use M-1 M-2 Notes and Exceptions Laboratories, dry P P Laboratories, wet C C Services Printing, and photocopy services P P Offices Does not include new and/or used vehicle brokers or wholesale offices. business and professional P P medical C C SECTION 24. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council add Section 9326 to Article IX of the Downey Municipal Code, which shall read as follows: SECTION 9326. BIOMEDICAL OVERLAY ZONE (BIO). SECTION 9326.02. INTENT AND PURPOSE. The intent and purpose of the Biomedical Overlay Zone is to provide greater flexibility in the application of land planning concepts. The Biomedical Overlay Zone provides additional opportunities for bio-medical related uses beyond the medical office, hospital, research and development, and medical-device related uses allowed in the commercial and manufacturing base zones. Additionally, ancillary uses necessary to attract biomedical firms and professionals in the industry are provided for, such as mixed-use developments consisting of professional office or biomedical research facilities and residential uses, and other supporting services, such as restaurants and nightlife activities. The Biomedical Overlay Zone shall meet the objectives of the General Plan and this article, and further encourage the development of new biomedical uses through the relaxation of typical project review timelines, building permit issuance, and business license issuance. SECTION 9326.04. APPLICABILITY. (a) The Biomedical Overlay Zone, and the standards contained in this section, shall apply to all areas designated on the Official Zoning Map as being within the Biomedical 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. Agenda Page 23 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 10 SECTION 9326.06. USES PERMITTED. 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 (g) Office, Medical SECTION 9326.08. USES CONDITIONALLY PERMITTED. 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 w/ 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) (e) Retail sales, new (unless permitted by right in the base zone, in which case it shall be a permitted (P) use) SECTION 9326.10. DEVELOPMENT STANDARDS. All development standards applicable to uses located in the Biomedical Overlay Zone are specified in the regulations set forth in the commercial and manufacturing base zones. Any development standards not listed for uses allowed in the Biomedical Overlay Zone are conditional uses required to be integrated into a primary use with specified development standards which shall take precedence over the entire development. In the case of residential uses allowed as part of a primarily biomedical mixed-use development, all development standards not specified for the residential portion of the project in the commercial base zones shall be determined through the Site Plan Review and Conditional Use Permit application processes. SECTION 9326.12. APPLICATION REVIEW. The following review processes shall be modified to expedite the permitting and licensing process for new biomedical developments and businesses. The expedited processes listed below shall apply to all applications for development of projects intended to be primarily occupied by biomedical businesses or the establishment of biomedical businesses located in the Biomedical Overlay Zone. The application of these expedited processes shall be at the discretion of the City Manager, or his or her 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. Agenda Page 24 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 11 (2) The timeframes specified for the voiding of a Conditional Use Permit due to non- commencement of the use shall be extended by one (1) 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 (1) 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 .2% of the building’s valuation. (2) The initial Building Permit plan check fee shall include 4 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 2 days for each of the first two (2) plan check reviews. SECTION 25. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend the Official Zoning Map to incorporate five (5) areas, as outlined in Exhibit ‘A’ of this Resolution, of the City into the Biomedical Overlay Zone. SECTION 26. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission declares that it would have adopted this Resolution, and each Agenda Page 25 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 12 section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 27. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of May, 2018. Patrick Owens, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 2nd day of May, 2018 , by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 26 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 13 EXHIBIT ‘A’ Biomedical Overlay Zone Maps Agenda Page 27 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 14 Agenda Page 28 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 15 Agenda Page 29 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 16 Agenda Page 30 Resolution No. ____________ Downey Planning Commission Biomedical Overlay Zone - PLN-18-00016 May 2, 2018 - Page 17 Agenda Page 31 Agenda Page 32 Agenda Page 33 Agenda Page 34 Agenda Page 35 Agenda Page 36 Agenda Page 37 Agenda Page 38 Agenda Page 39 Agenda Page 40 Agenda Page 41 Agenda Page 42 Agenda Page 43 Agenda Page 44 Agenda Page 45 Agenda Page 46 Agenda Page 47 Agenda Page 48 Agenda Page 49 Agenda Page 50 Agenda Page 51 Agenda Page 52 Agenda Page 53 Agenda Page 54 Agenda Page 55 Agenda Page 56 Agenda Page 57 Agenda Page 58 Agenda Page 59 Agenda Page 60 Agenda Page 61 Agenda Page 62 Agenda Page 63 Agenda Page 64 Agenda Page 65 Agenda Page 66 Agenda Page 67 Agenda Page 68 Agenda Page 69