City of Downey

MUNICIPAL CODE ARTICLE IX – LAND USE9838 9838(C)(D)The development will not be detrimental to the public health, safety, or welfare ofpersons residing or working in or adjacent to such a development, nor detrimental toproperties or improvements in the vicinity or the general welfare of the City.The Specific Plan and resulting development will be consistent with the provisions ofArticle 8 of Chapter 3 of the California Government Code, commencing with Section65450 as may be subsequently amended by the State.SECTION 9838. PREZONING AND ANNEXATION.(A)(B)(C)Areas located outside of the City limits shall be assigned a prezoning designation prior toannexation to the City. Areas annexed into the City limits having a single General Planland use designation shall be prezoned in accordance with the General Plan designationfor the areas. Areas annexed into the City having a variety of General Plan land usedesignations shall be prezoned to the most restrictive zone in accordance with theGeneral Plan designation for the area. Prezoning shall be initiated by resolution of theCouncil, as provided in this article. The Zoning Map shall be amended to show the newCity limits and zone(s) of the annexed areas, as applicable.When annexed property is not prezoned, it shall be considered to be in the R-1-10,000(Single-Family Residential Zone) at the time of annexation, until otherwise classified. Insuch an instance, the Commission, within ninety (90) days after the date of thecertification of such annexation, shall initiate studies and hearings to determine theappropriate zoning for such property.Areas annexed to the City after the effective date of this article shall be placed in themost restrictive zone similar to the zoned use at the time of annexation (e.g., agriculturalor residential areas to be placed in R-1, 10,000, Single-Family Residential Zone,commercial areas to be placed in C-P Professional Office Zone, and industrial areas to beplaced in M-1 Light Manufacturing Zone) and shall remain in such zone until a land useplan for the area has been recommended by the Commission. The Commission shallrecommend such zoning to the Council within one (1) year after such annexationbecomes final. Nothing contained in this section, however, shall prevent the zoning ofsuch newly annexed territory, or the regulations applicable thereto, or the use thereinfrom being changed, modified, eliminated, or amended in the same manner as otherproperty within the City may be so affected by action of the Commission and Council.9.8-59