03. PH Establishment of Two New Housing Overlay Zones Modifying and Adding New Sections to Article IX of DMC

Item No.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT

DATE: JANUARY 14, 2025

SUBJECT: IMPLEMENT PROGRAMS 1.1, 1.3, AND 3.3 OF THE CITY OF DOWNEY HOUSING ELEMENT (2021 – 2029) BY ESTABLISHING TWO NEW
HOUSING OVERLAY ZONES, REZONING ONE PARCEL (APN: 6232-020- 004) FROM SINGLE FAMILY RESIDENTIAL (R-1) TO MULTIFAMILY RESIDENTIAL (R-3), MODIFYING AND ADDING NEW SECTIONS TO

ARTICLE IX (LAND USE) OF THE DOWNEY MUNICIPAL CODE,

ADOPTING OBJECTIVE DESIGN STANDARDS, AND CERTIFYING A

CEQA NEGATIVE DECLARATION

EXECUTIVE SUMMARY

The City Council will consider adopting a Zone Change to establish new residential overlay zones in various parts of the City. The City Council will also consider a Zone Text Amendment and Objective Design Standards (ODS) to establish development standards and design criteria for new residential development applicable to the new overlay zone areas. Lastly, the City Council will consider certification of a Negative Declaration pursuant to the California Environmental Quality Act. This request is made as part of the required implementation of programs included in the City’s recently adopted 6th Cycle Housing Element (HE) (2021 – 2029).

RECOMMENDATION

That the City Council:

1. Introduce an Ordinance approving Zoning Text Amendments to Sections 9302 And 9328 of Article IX of the Downey Municipal Code to implement new housing overlays of the 2021-2029 Housing Element and certification of a Negative Declaration;

2. Introduce an Ordinance amending the City’s zoning map to rezone one parcel (APN: 6232-020-004) from Single-family Residential to Multiple-family Residential Zoning and implement new housing overlays of the 2021-2029 Housing Element; and

3. Adopt Resolution No. 25-8287, approving Objective Design Standards for multifamily residential housing development and mixed-use development.

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BACKGROUND

On October 14, 2022, the California Department of Housing and Community Development (HCD) certified the City of Downey’s 6th Cycle HE update. The HE was previously adopted by the City Council on October 11, 2022, and recommended for adoption by the Planning Commission on October 5, 2022.

As part of the HE and various State Legislation, the City is responsible for zoning properties to facilitate the construction of a specific quantity of residential units. The required quantity is referred to as a City’s Regional Housing Needs Assessment (RHNA).

Specifically, the RHNA is a projected regional housing needs assessment and affordability requirement assessment determined by HCD, in conjunction with the Southern California Association of Governments (SCAG.) The RHNA determination for the City of Downey is 6,525 residential units, with various affordability requirements, as seen in Figure 1. The City of Downey’s current zoning already accommodates 2,083 of the required 6,525 residential units. The actions described in this report, for HE implementation, will accommodate the remaining RHNA requirement that the City of Downey’s existing zoning currently does not currently accommodate. The remaining RHNA is identified in the HE as 3,896 adequate sites, known as “shortfall” units, and 546 “surplus” units (total of 4,442 housing units). The Downey Municipal Code is required to adopt rezoning measures to accommodate for the shortfall and surplus (4,442 housing units) prior to February 12, 2025 to comply with Assembly Bill 1397 and Senate Bill 197.

The required City policies and State laws pertinent to the HE implementation are as follows:

City of Downey Housing Element Programs

• Program 1.1 – “Adequate Site”. The City of Downey plans to meet its housing needs for the 2021-2029 planning period by rezoning and amending land use regulations to facilitate residential development. This includes increasing allowable densities, establishing residential overlays, and enabling by-right development.

• Program 1.3 – “Land Use Policy Changes”. The City of Downey plans to increase housing opportunities through updating residential density standards and creating residential overlay zoning with minimum densities of 30 units per acre and streamlining development approvals along commercial corridors and within specific plan areas to meet housing needs.

• Program 3.3 – “Objective Design Standards”. The City of Downey plans to adopt objective design standards to provide local guidance on design and standards for by-right projects. Adoption of objective design standards aims to facilitate high- quality residential development.

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The implementation of these programs is considered Phase 1 of the program implementation. Phase two will be forthcoming later this year, as part of the City Comprehensive General Plan Update, which also includes the implementation of other Housing Element Programs. The program implementation is being completed in phases because Assembly Bill 1397/ SB 197 establishes a deadline of February 12, 2025, for rezoning adequate sites (HE Program 1.1) to meet a City’s “RHNA shortfall” plus provide a “surplus”.

State Law

• AB 1397/SB 197 – Requires identifying adequate sites, ensuring that jurisdictions provide realistic and viable opportunities for housing development. A local government shall have 3 years and 120 days (February 12, 2025) from the statutory deadline to complete any rezoning.

• SB 166 (No Net Loss) – Requires jurisdictions to maintain an adequate supply of housing sites throughout the planning period to meet RHNA allocations across all income levels. Jurisdictions are responsible for ensuring that adequate sites construct residential development or locate a new site within the City that will be designated to accommodate any residential units not built on previously designated adequate sites.

• AB 72 – Provides State oversight of local housing element implementation. HCD can review and revoke certification of a housing element if a jurisdiction fails to meet RHNA goals or if zoning changes do not accommodate the required units.

Figure 1 – City of Downey RHNA

ANALYSIS

If the proposed actions are adopted by the City Council, the City would have the appropriate zoning to accommodate the entire RHNA allocation of 6,525 residential units.

The City’s RHNA shortfall is 3,986 residential units, which refers to the number of housing units the City’s current zoning map does not account for. In addition to the shortfall, the City is also responsible for accommodating a surplus of 546 residential units as a

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safeguard in the event housing is not constructed on a property identified in the HE as an “adequate site.” The total number of housing units being accommodated via the rezoning process is 4,442 housing units

The implementation of Housing Programs 1.3 and Program 3.3 establish new development standards and Objective Design Standards (ODS) applicable to new multi- family and mixed-use residential development. The State enacted SB 35 (2017) and SB 330 (2019), which require cities to streamline housing approvals for developments that meet certain criteria. This includes the adoption of objective design standards. These standards help ensure local governments do not use subjective criteria to constrain housing development that meets the necessary requirements. Without ODS, projects submitted within the new overlay zones would not have design criteria to follow, which could result in incompatible massing and scale of developments, and poor design and architecture. In addition, the new proposed development standards and ODS will assist applicants in determining the required density, quality of architectural design, and appropriate permit processing, thus streamlining project reviews.

Zone Change

The City of Downey’s Housing Element commits to rezoning properties to accommodate the remaining adequate sites RHNA requirement of 3,896 residential units, plus the required 546 surplus units, by establishing residential overlay zones. The overlay sites will include various commercial, manufacturing, and residentially zoned properties, and three specific plan areas. The residential properties do not include single-family zoned properties. The affected specific plan areas are the Downey Landing Specific Plan, a portion of the Stonewood Center Specific Plan, and the Florence Avenue/I-5 Specific Plan. The properties included in the proposed overlays are identified in maps provided in Attachment G.

The maps illustrate the creation of two separate overlays, Housing Overlay #1 (HOU-1) and Housing Overlay #2 (HOU-2). The two overlay zones are unique in that HOU-1 is comprised of existing residentially zoned properties that, if adopted, would be allowed to accommodate higher densities, and HOU-2 is comprised of primarily non-residentially zoned properties that, if adopted, would allow for residential development.

The properties within the HOU-1 are exclusively existing Medium Density Residential (R- 3) properties. The allowed density for these properties will transition from 18 units per acre to a minimum of 18 units per acre and a maximum of 40 units per acre. The added density allowance only applies to the R-3 properties identified in the new HOU-1 zone, and not to the remaining R-3 properties in other parts of the City. The remaining R-3 properties would still be subject to their existing maximum residential unit density, which is a maximum of 18 dwelling units per acre.

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Properties within the new HOU-2 consist of primarily commercial, manufacturing, and mixed-use zones, and specific plan areas. Twelve (12) residentially zoned properties, as shown in Map C of Attachment G, have been included in HOU-2 due to their General Plan designation of Mixed-Use. HOU-2 will allow for residential development at a density of 30 units per acre.

In addition to the proposed overlay zones, included as a housing site in the adoption of the HE, a zone change is proposed for 7044 Stewart and Gray Road (APN 6232-020- 004) to transition from a Single Family Residential (R-1) to Multifamily Residential (R-3) zone. This was requested by the property owner and was included in the adopted Housing Element as a housing site. The proposed zone change is illustrated in Attachment H.

Zone Text Amendment

Development Standards

The proposed development standards would apply to both new housing overlay zones, HOU-1 and HOU-2. This request includes modifications to section 9302 of the DMC, which lists the established zones throughout the City. DMC section 9302 would be amended to include the HOU-1 and HOU-2 overlay zones. The zone text amendment also includes a new DMC section, which will be identified and titled Section 9328 “Housing Overlay Zones.” Much like the City’s existing development standards for the various zones within the City, Section 9328 will prescribe all applicable development standards required for future residential development on both HOU-1 and HOU-2 properties. In addition to physical development standards, the new DMC Section 9328 also provides the allowed uses for the site and application review processes. Regarding application procedures, future proposed projects within the overlay zones would be processed “by- right” if the project complies with the required density and Objective Design Standards. “By-right” refers to a strictly ministerial procedure in which a project is only subject to the City’s Building Permit process and not a discretionary procedure. The “by-right” process is part of the required programs specified in the City’s HE. The “by-right” housing projects is a State mandate and the City must adhere to this type of process in order to remain compliant with HCD. The new DMC section in its entirety is provided as Attachment E.

The proposed use list and certain physical development standards are provided as an example below in Figures 2 and 3:

Housing Overlay Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit SPR=Site Plan Review) Use HOU-1 HOU-2 Notes and Exceptions
Multifamily P P HOU-1: Density 18-40 units per acre
HOU-2: Density 30 units per acre

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Housing Overlay Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit SPR=Site Plan Review) Use HOU-1 HOU-2 Notes and Exceptions

SPR SPR
HOU-1: Density of less than 18 units
per acre
HOU-2: Density of less than 30 units
per acre or greater than 30 units per
acre
Figure 2 – Portion of Proposed Use Table

Housing Overlay Zones Development Standards
Development Standard HOU-1 e HOU-2e
Lot area per dwelling unit -
maximum (sq. ft.) NA 1,452
Lot coverage - maximum
(percent) 50
Density 18-40 units per acre 30 units per acre
Building height - maximum
(feet)
main building
accessory building

35 feet or three stories, whichever is less
12 feet
Yard setbacks - minimum (feet)
front
rear

15 See notea
Yard setbacks (side) - minimum
(feet)
interior
street

7.5 a When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: twenty (20) feet for a one (1) story building, thirty (30) feet for a two (2) story building, and forty-six (46) feet for a three (3) 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 (1) story building, ten (10) feet for a two (2) story building, and twenty-six (26) feet for a three (3) story building. When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: ten (10) feet for a one (1) story building, fifteen (15) feet for a two (2) story building, and twenty (20) feet for a three (3) story building.
b When abutting the R-1 Zone, the minimum setback shall be ten (10) feet. c Exclusive of porches, balconies, garages, or other such accessory structures or architectural features. d Each additional bedroom over four (4) shall be a minimum of one hundred thirty (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 §65583.2 (h) and (i).

NA = Not Applicable
Figure 3 – Example of Proposed Development Standards

Objective Design Standards

In addition to development standards, the City also plans to adopt Objective Design Standards as outlined in HE Program 3.3. ODS is also required pursuant to Senate Bill 35, 330, 8, and the Housing and Accountability Act, in which jurisdictions are required to

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only utilize objective standards to review residential projects. Specifically, ODS are quantifiable and measurable architectural design standards that define the City’s goals for quality residential development. The purpose and objective are to create clarity for City Staff and applicants in an effort to streamline application review processes. The proposed ODS will include quantifiable and measurable design standards related to building orientation, pedestrian access, parking, driveways, open space, landscaping, utilities, building massing/articulation, roof treatment, window and door placement, and materials among other architectural design elements. The entire ODS document is included as Attachment F. An example of objective standards is provided below in Figure 4:

Figure 4 – Example Objective Design Standard

Public Outreach

Public Notices: On November 8, 2024, a Notice of Intent to adopt a project Negative Declaration (ND), pursuant to the California Environmental Quality Act (CEQA), was mailed to local and regional agencies, published in the Downey Patriot, and recorded with the Los Angeles County Recorder’s Office. The publishing provided a project description,

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information on how to provide comment, and the date and time of the anticipated public hearing item for the December 4, 2024 Planning Commission meeting.

On November 20, 2024, the Planning Commission held a Study Session introducing the overlay zoning efforts and potential Objective Design Standards. A presentation was provided by MIG, an urban planning consulting firm, and thoughts and comments were provided by the Planning Commission. There were no public comments provided related to the presentation.

On November 21, 2024, a Planning Commission public hearing notice was published in the Downey Patriot as a 1/8th ad and was mailed to all property owners subject to the Zone Change and Zoning Text Amendments. The DMC requires a 1/8th ad to be published in the newspaper when the number of property owners to whom the notices would be mailed is greater than 1,000 recipients.

On January 2, 2025, a City Council public hearing notice was published in the Downey Patriot and mailed to property owners in the same manner as the Planning Commission notices.

Public Comments: As of the date that this report was printed, staff received two (2) emails regarding this application. The correspondence is provided in Attachment L.

One of the emails is from Mr. John Marinelli, property owner of 9449 Nance Avenue. The property is proposed to be included into new housing overlay zone HOU-1. In summary, Mr. Marinelli stated in his email that he has lived on the property for “over 50 years” and asked if the City planned on taking the home via eminent domain. City Staff responded to the correspondence and informed the property owner that eminent domain was not planned for their property or any other as part of the proposed zone changes.

Another email was received from Mr. Jim Rodriguez, a resident of 10456 Stamps Road.

In summary, the email includes a request for a neighboring property, located at 10456 Downey Avenue, to be removed from the proposed housing overlay zone due to his concerns related to historical and aesthetic impacts to the nearby area.

California Environmental Quality Act

The City reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). A Notice of Intent to Adopt a Negative Declaration (IS/ND) was prepared and made available to the public for a twenty (20) day public review period from November 8, 2024 to November 27, 2024. No comments were received during the public review period.

A copy of the Negative Declaration is attached as Attachment C.

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The draft Negative Declaration found no impacts or less than significant impacts related to Aesthetics, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, Tribal Cultural Resources, Greenhouse Gases, Land Use/Planning, Population/Housing, Traffic, Agriculture, Mineral Resources, Public Services/Recreation, Utilities, Air Quality, Water Quality, And Wildfires. The primary reason why no impacts are anticipated is because the proposed actions are administrative in nature and do not involve physical development. As noted in the IS/ND, all future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis.

Tribal Consultation

Pursuant to Government Code Sections 21080.3.1, Assembly Bill (AB) 52 requires lead agencies to consider the effects of projects on tribal cultural resources and to conduct notification and consultation with Native American Tribes that are traditionally and culturally affiliated with the geographic area of the proposed project, prior to the adoption of a negative declaration, mitigated negative declaration, or environmental impact report.

In accordance with AB 52, including Public Resources Code Section 210803.3.1(d), the City provided notification of the required thirty (30) day consultation period which commenced on November 1, 2024. Staff received one (1) response from the Gabrieleno Band of Mission Indians – Kizh Nation and commenced consultation on November 8, 2024. Consultation was concluded on January 6, 2025. The Gabrieleno Band of Mission Indians – Kihz Nation stated they “agree with the rezoning of housing element” and requested to consult if there will be any future ground disturbance activity. In response the City has incorporated provisions within the proposed Objective Design Standards requiring that properties within the proposed HOU-2 zone remain subject to tribal consultation when proposing new housing development.. No other requests for consultation regarding the proposed project from other local tribes were received by the City.

CITY COUNCIL PRIORITIES

Efficiency & Adaptability
Quality of Life, Safety & Infrastructure

BOARD/COMMISSION/SUBCOMMITTEE ACTION

The items were previously heard by the Planning Commission at its regularly scheduled meeting of December 4, 2024. After considering all evidence and testimony provided at the public hearing, and following deliberation, a motion to recommend approval to the City Council passed by a 4-0-1 vote, with one commissioner absent.

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FISCAL IMPACT

There is no fiscal impact.

ATTACHMENTS

Attachment A: Draft Zone Change Ordinance
Attachment B: Draft Zone Text Amendment Ordinance and CEQA Certification Attachment C: Draft Objective Design Standards Resolution No. 25-8287 Attachment D: CEQA Documents
Exhibit 1 – Notice of Intent
Exhibit 2 – Draft Initial Study/Negative Declaration (IS/ND) Attachment E: Proposed Downey Municipal Code Modifications to Section 9302 and Addition of Section 9328
Attachment F: Objective Design Standards
Attachment G: Overlay Zones Maps
Attachment H: Proposed Zone Change for 7044 Stewart and Gray Road (APN 6232-020- 004)
Attachment I: Planning Commission Staff Report
Attachment J: Planning Commission Resolution No. 24-4042 Attachment K: Planning Commission Resolution No. 24-4043 Attachment L: Public Comment (Email Correspondence)

Attachment A

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY’S ZONING MAP TO REZONE ONE PARCEL (APN:
6232-020-004) FROM SINGLE-FAMILY RESIDENTIAL TO MULTIPLE-FAMILY

RESIDENTIAL ZONING AND IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING ELEMENT

WHEREAS, California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals; and

WHEREAS, all cities and counties in the Southern California Association of Governments (SCAG) were required to obtain State certification from California Department of Housing and Community Development (HCD) for an updated Housing Element for the 2021-2029 planning period no later than February 12, 2022; and

WHEREAS, the City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029); and

WHEREAS, on October 12, 2022, the City of Downey adopted its sixth cycle Housing Element for the planning period of October 2021 - October 2029. The Housing Element addresses the City’s housing needs with new Housing Overlays for additional residential capacity. The City’s zoning map must be amended to implement these Housing Overlays; and

WHEREAS, Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022; and

WHEREAS, Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025; and

WHEREAS, Senate Bill 35 required jurisdictions to adopt Objective Design Standards, which removed the personal judgment of a public official regarding design criteria and effectively streamlined the approval of multi-family residential and mixed-use projects; and

WHEREAS, the City held two community workshops on July 25, 2024 and August 28, 2024 to gather community input and revise the draft code amendments and objective design standards; and

WHEREAS, on November 1, 2024, Tribal notification letters were sent to the Assembly Bill 52 contact list from the Native American Heritage Commission, and the required 30-day consultation period ended on December 2, 2024. A request for consultation from the Gabrieleno Band of Missions Indians – Kihz Nation was submitted on November 8, 2024; and

WHEREAS, on November 7, 2024, in compliance with the California Environmental Quality Act (CEQA), a Notice of Intent (NOI) to adopt a Negative Declaration was posted with the California State Clearinghouse and published in the local newspaper Downey Patriot for public review from November 8, 2024 through November 27, 2024; and

WHEREAS, on November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards, Zone Change, and Zoning Text Amendment changes; and

Attachment A

WHEREAS, on November 21, 2024, a notice of the public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone and Zoning Text Amendment was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and

WHEREAS, on January 2, 2025, a notice of public hearing to consider the implementation of the City’s Housing Element by the City Council was sent to all tenants and property owners affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and

WHEREAS, the City Council held a duly noticed public hearing on January 14, 2025, to consider this Ordinance approving the proposed Zone Change, where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. The City Council has determined that the City’s Housing Element Implementation has been reviewed for compliance with the California Environmental Quality Act (CEQA). An Initial Study/Negative Declaration was prepared, concluding that the project could not have a significant effect on the environment (SCH No. 2024110308). Based on its own independent judgment, the City Council approves the Draft Initial Study/Negative Declaration.

SECTION 3. The City Council further finds and determines that:

A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and Chapter 8 of Article IX of the Downey Municipal Code and is in the interests or furtherance of the public health, safety, and general welfare. The creation of the Housing Overlay is found to achieve the goals and policies found in the adopted Housing Element for the planning periods of 2021-2029. In particular, in order to achieve the goals, policies, and programs of the Housing Element, the city is required to rezone specific sites identified in the housing element to meet the Regional Housing Needs Assessment (RHNA). The RHNA sites identified in the Housing Element for rezoning have a combined capacity of 4,442 units. These new overlay zones (HOU-1 and HOU-2) will provide a path forward for multi-family and mixed-use development of all income levels. The creation of housing is found to be in the interest of public health, safety, and general welfare. The following are current policies promoted by the current General Plan.

Policy 1.1.2 - Provide an appropriate amount of land area to absorb the City’s future population growth.

Attachment A

Program 1.1.2.1.- Identify areas to absorb population growth and support additional housing.

Program 1.1.2.3.- Promote housing projects and mixed-use projects that include housing within areas designated for the downtown area, transit- oriented developments, and areas in the vicinity of the Downey Landing project.

Goal 1.2.- Advance livable community concepts.

Policy 1.2.1 - Promote livable communities concepts that allow added flexibility in addressing land use needs.

Program 1.2.1.2.- Promote mixed-use developments with housing on the same site or in proximity to commercial services to reduce the need for trips by vehicles.

Policy 1.2.2 – Focus on areas where livable communities concepts are most likely [to] have the most impact to set a catalyst for similar projects elsewhere in the city.

Program 1.2.2.4 - Use the development of the Downey Landing as a catalyst for further economic development, including housing, on properties along the periphery of the site.

B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The sites identified in the Housing Element to meet the RHNA are various sites including existing R-3 properties, six key commercial corridors, and three key specific plans. The existing R-3 properties have been identified as being underutilized properties that currently allow 18-24 units per acre. The new overlay (HOU-1) will increase the density of specific R-3 sites to 18-40 units per acre. Increasing the density in the R-3 sites is compatible with the built environment since the surrounding properties are built with multi-family units. The six commercial corridors and three specific plans will be rezoned to have an overlay (HOU-2), allowing 30 units per acre. The commercial corridors along Telegraph Road, Paramount Boulevard, Firestone Boulevard, Florence Avenue, Gardendale Street, and Imperial Highway will keep their base zone of Commercial and will provide an opportunity for property owners to create a mixed-use development, allowing the commercial retailers to continue to serve the community and build housing units above. The three specific plans were identified as having large amounts of underutilized parking areas that can protect the existing commercial buildings and create housing around such areas. The corridors and specific plans identified will complement the existing and surrounding land uses. Additionally, the IS/ND was found to have no impact on such properties since no development is currently proposed, rather the City is creating a pathway for such development to occur. Furthermore, the creation of high-density housing units of all income levels welcomes ownership and rental housing units, providing a housing type consistent with the General Plan goal of providing a variety of housing opportunity types.

Attachment A

incentives are utilized, reductions in open space and front setbacks will be allowed to increase the buildable area of such project, complying with all applicable development standards.

D. The site properly relates to streets and highways designed and is fully improved to carry the type and quantity of traffic that is expected to be generated in the area, and utilities exist or are planned that will adequately serve the property as rezoned. The overlay sites are along Major Arterials as identified in the Circulation Chapter of the General Plan. These arterials are identified to serve as through routes for traffic crossing the City or provide access to the freeway system. In addition, future improvements along these arterials are being analyzed for roadway improvements by the Public Works Department.

E. The proposed zone change is generally in conformance with the General Plan and General Plan land use designation for the parcel. The Housing chapter of the General Plan identifies the planning period of 2021-2029. The zone change that creates the new overlay zone supports all of the goals, programs, and policies found in such a General Plan Chapter, making it consistent and conforming.

SECTION 4. The City Council of the City of Downey hereby amends the Official Zoning Map to incorporate various residential parcels, including six (6) commercial corridors, and three (3) specific plans, as outlined in Exhibit ‘A’ of this ordinance, of the City into the Housing Overlay Zone #1 and Housing Overlay Zone #2.

SECTION 5. The City Council of the City of Downey hereby amends the Official Zoning Map to rezone the subject property of 7044 Stewart and Gray Road (APN:6232-020-004), as outlined in Exhibit ‘B’ of this ordinance.

SECTION 6. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase of portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

Attachment A

SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this ___ day of January, 2025

__________________
HECTOR SOSA, Mayor
ATTEST:

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney

I HEREBY CERTIFY that the foregoing Ordinance No. _________ was presented at a public hearing at a regular meeting of the City Council held on the ___ day of _______________, 2025, and adopted at a regular meeting of the City Council of the City of Downey held on the ___ day of _______________, 2025, by the following vote, to wit:

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

ABSTAIN: Council Member:

I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. _________, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, the ___ day of _______________, 2025 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

Attachment A

EXHIBIT ‘A’

Housing Overlay Zone Maps

Attachment A

Housing Overlay Inset Map A

Attachment A

Housing Overlay Inset Map B

Attachment A

Housing Overlay Inset Map C

Attachment A

Housing Overlay Inset Map D

Attachment A

Housing Overlay Inset Map E

Attachment A

EXHIBIT ‘B’

Existing Zoning Map

Proposed Zoning Map

Attachment B
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONING TEXT AMENDMENTS (PLN-24-00179) TO SECTIONS 9302 AND 9328 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING

ELEMENT AND CERTIFICATION OF A NEGATIVE DECLARATION

WHEREAS, California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals; and

WHEREAS, the City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029); and

WHEREAS, Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022; and

WHEREAS, Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025; and

WHEREAS, the City held two community workshops on July 25, 2024 and August 28, 2024 to gather community input and revise the draft code amendments and objective design standards; and

WHEREAS, on November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards and Zoning Text Amendment changes; and

Attachment B
WHEREAS, on November 21, 2024, a notice of the public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone and Zoning Text Amendment was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and

WHEREAS, the Planning Commission held a duly noticed public hearing on December 4, 2024, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, voted to recommend approval by the City Council of the proposed Zoning Text Amendments; and
WHEREAS, on January 2, 2025, a notice of public hearing by the City Council was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on January 14, 2025, to consider this Ordinance approving the proposed Zoning Text Amendments, where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted findings by the City Council.

SECTION 3. The City Council further finds and determines that:

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. To achieve the goals, policies, and programs of the Housing Element, new development standards are required to be created in an effort to provide developers the needed resources to achieve such development. Specific to this Zoning Text Amendment, the newly added Municipal Code Section 9328 includes development property standards, which are implemented to promote quality design while simultaneously allowing creative choices by the applicant that are in cohesion with the surrounding neighborhood. The standards proposed and the supporting document of Objective Design Standards, hold public interest to a high degree while satisfying the State requirements of promoting high-density development in areas that normally would not have such development. These by-right projects would not need discretionary action to develop. However, the objective design standards create the certainty of the development of quality architecture and materials while protecting the interest of the public to mitigate any potential impacts to the surrounding areas. The analysis for the proposed development standards and objective design standards, as well as the required review process, ensure that any potential effects in public health, safety, and general welfare will be mitigated as much as possible.

Attachment B

B. The proposed amendment is in general conformance with the General Plan. The project is in conformance with all applicable objectives, policies, and programs specified in Chapter 3 of the City’s General Plan. The new overlay zone protects the existing zone and allows the same uses as previously allowed before the overlay was created. The new overlay zone will introduce a new housing opportunity for such property owners while allowing the existing business to co-exist within the same property. The need and necessity for the Zoning Text Amendment stems from the housing shortage identified in the Regional Housing Needs Assessment (RHNA). As such, the City is adapting to the new needs of the City through the following policies in the General Plan that support such trend:

Policy 1.3.2. – Monitor and address changes in land use trends.

Program 1.3.2.1. Adopt a comprehensive update of the zoning chapter of the municipal code.

Program 1.3.2.2. Adjust the codes, policies, and regulations in response to changes in land use trends.

Public participation was vital in the drafting of the proposed documents. The City held one virtual session with local real estate businesses, developers, and architects, who have encountered Objective Design Standards and newer development standards to implement the sixth cycle housing element. During this virtual meeting, attendees shared their thoughts and experiences with such development standards which assisted the City to consider certain development standards to promote the high- density developments while protecting the surrounding land uses. Staff also researched multiple cities with established municipal codes and design standards to apply to the City of Downey with the assistance of consultants. Staff published the draft standards on the City’s Website for public review.

Policy 1.4.1. Promote Neighborhood Identity.

Program 1.4.1.4. Promote public participation in the planning process.

Program 1.4.1.5. Provide public information on ways residents and property owners can improve their neighborhoods.

The City has continuously received new development in recent years and remains the responsibility of the City to determine if a development is complementary to the City and its surrounding neighborhoods. The creation of such development standards, including the Objective Design Standards, consider the nearby properties that may be affected by the new development. Setbacks, massing, modulation, relation to the pedestrians and street, and parking placement, were elements considered for these development standards. Clear and measurable standards, when followed, will yield a high degree of development that will integrate into the existing community fabric.

Goal 1.4 – Protect and enhance the residential neighborhoods.

Policy 1.4.2. Promote residential construction that complements existing neighborhoods.

Program 1.4.2.1. Discourage residential construction not in harmony with the surrounding neighborhood.

Program 1.4.2.2. Adopt standards to address the appropriate relationship between building size and lot size, such as maximum floor area ratio.

Attachment B

The proposed Zoning Text Amendment, which includes development standards in addition to the objective design standards will apply to new qualifying multifamily development, residential mixed-use development, and additions to multi-family and residential mixed-use development. The materials and textures selected as part of this document were ensured to create and promote development of the highest quality, while allowing flexibility to the applicant in presenting new materials to the Director to expand the list in the document. In complying with both the development and design standards it will ensure a high quality development.

Goal 8.1. Promote quality design for new, expanded, and remodeled construction.

Policy 8.1.1 Promote architectural design of the highest quality.

Program 8.1.1.1. Discourage construction with architectural design of poor quality.

SECTION 4. Section 9302 of Article IX of the Downey Municipal Code is hereby amended to include the text below appearing in italic font:

§ 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 17 19 zones, to be known by the zoning symbols and classifications as shown in Table 9.3.1:

Attachment B
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 Housing Overlay Zones
Housing Overlay Zone 1 HOU-1
Housing Overlay Zone 2 HOU-2

SECTION 5. Section 9328 of Article IX of the Downey Municipal Code is hereby added to read as follows:

§ 9328. HOUSING OVERLAY ZONES

§ 9328.02. INTENT AND PURPOSE

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

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

§ 9328.04. APPLICABILITY.
(a) An HOU zone may only be applied to sites which have been identified as Housing Element Sites in the General Plan Housing Element1 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).

Attachment B
(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.

1For 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 percent 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"

§ 9328.06. USES PERMITTED.

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

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

Attachment B
Table 9.3.15. Housing Overlay Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit SPR=Site Plan Review) Use HOU-1 HOU-2 Notes and Exceptions with at least 50 percent of the square footage of the project is residential P P HOU-1: Density 18-40 units per acre HOU-2: Density 30 units per acre with less than 50 percent of the gross floor area is planned for residential use C C

§ 9328.08. DEVELOPMENT STANDARDS.
(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 percent 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 Development Standard HOU-1 e HOU-2e Lot area - minimum (sq. ft.) 3,000 Lot area per dwelling unit - minimum (sq. ft.) 1,000 Lot area per dwelling unit - maximum (sq. ft.) NA 1,452 Lot width - minimum (feet) 100 Lot depth - minimum (feet) Lots shall conform to the average depth of adjacent lots. Lot coverage - maximum (percent) 50 Density 18-40 units per acre 30 units per acre Building height - maximum (feet) main building accessory building 35 feet or three stories, whichever is less 12 feet Yard setbacks - minimum (feet)

Attachment B
Table 9.3.16. Housing Overlay Zones Development Standards Development Standard HOU-1 e HOU-2e front rear
15 See notea Yard setbacks (side) - minimum (feet) interior street

5b 7.5 Building separation - minimum (feet) 10 Main building and detached garage separation - minimum (feet) 5 Usable open space area per dwelling unit – minimum (sq. ft.) 200 Usable Open Space Subject to Section 9312.08(b)(10) Storage Cabinets Subject to Section 9312.08(b)(14) Air conditioning, mechanical roof and utility equipment Subject to Section 9504 Environmental protection standards Subject to Section 9516 Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping, lighting, and walls Subject to Section 9520 Noise Subject to Sections 4600.2, 4602, and 4606.06 Nonconforming uses, lots, and structures Subject to Section 9410 Off-street parking and loading Subject to Chapter 7 Signs Subject to Chapter 6 Site plan review Subject to Section 9820 Trash and Garbage Subject to Section 9528 Visibility Subject to Section 9520 and 9534 Air Quality Subject to Section 9516.06(d) Transportation Demand Management Subject to Section 9530 Property Maintenance Subject to Section 8630 a When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: twenty (20) feet for a one (1) story building, thirty (30) feet for a two (2) story building, and forty-six (46) feet for a three (3) 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 (1) story building, ten (10) feet for a two (2) story building, and twenty-six (26) feet for a three (3) story building. When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: ten (10) feet for a one (1) story building, fifteen (15) feet for a two (2) story building, and twenty (20) feet for a three (3) story building. b When abutting the R-1 Zone, the minimum setback shall be ten (10) feet. c Exclusive of porches, balconies, garages, or other such accessory structures or architectural features. d Each additional bedroom over four (4) shall be a minimum of one hundred thirty (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 §65583.2 (h) and (i). NA = Not Applicable (c) Specific Development Requirements.

(1) Lot Consolidation Incentives. To encourage consolidation of two or

Attachment B
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%

§ 9328.10. DESIGN STANDARDS.

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.

§ 9328.12. APPLICATION REVIEW.
(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 percent 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.

Attachment B
shall be allowed the following:
(1) The initial Building Permit plan check fee shall include four reviews and shall not exceed 75 percent 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.

SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this ___ day of January, 2025

__________________
HECTOR SOSA, Mayor
ATTEST:

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

ABSTAIN: Council Member:

Attachment B

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

Attachment C

RESOLUTION NO. 25-8287

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY

APPROVING OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY

RESIDENTIAL HOUSING DEVELOPMENT AND MIXED-USE DEVELOPMENT

WHEREAS, California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals; and

WHEREAS, all cities and counties in the Southern California Association of Governments (SCAG) were required to obtain State certification from the California Department of Housing and Community Development (HCD) for an updated Housing Element for the 2021-2029 planning period no later than February 12, 2022; and

WHEREAS, the City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029); and

WHEREAS, on October 11, 2022, the City of Downey adopted its sixth cycle Housing Element for the planning period of October 2021 - October 2029. The Housing Element addresses the City’s housing needs with new Housing Overlays for additional residential capacity; and

WHEREAS, Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022; and

WHEREAS, Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025; and

WHEREAS, Senate Bill 35 required jurisdictions to adopt Objective Design Standards, which serve to remove the personal judgment of a public official regarding design criteria and effectively streamline the approval of multi-family residential and mixed-use projects; and

WHEREAS, the City held two community workshops on July 25, 2024 and August 28, 2024 to gather community input and revise the draft code amendments and objective design standards; and

WHEREAS, on November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards and Zoning Text Amendment changes; and

WHEREAS, on November 21, 2024, a notice of public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone, Zoning Text

RESOLUTION NO. 25-8287
PAGE 2

Attachment C
Amendment, and Objective Design Standards was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and

WHEREAS, the Planning Commission held a duly noticed public hearing on December 4, 2024 to consider the proposed Housing Overlay Zone, Zoning Text Amendment, and Objective Design Standards and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted resolution 24-4030, therefore approving the Objective Design Standards and recommending approval to the City Council for the Zoning Text Amendment and Zone Change; and
WHEREAS, on January 2, 2025 a notice of public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone, Zoning Text Amendment, and Objective Design Standards was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on January 14, 2025, to consider this Resolution approving the proposed Objective Design Standards, , where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 3. The City Council hereby adopts the Objective Design Standards attached as Exhibit A to this Resolution

SECTION 4. This Resolution shall take effect immediately upon adoption.

RESOLUTION NO. 25-8287
PAGE 3

Attachment C
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this ___ day of January, 2025

______________________
HECTOR SOSA, Mayor
ATTEST:

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney

I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the ____ day of January, 2025, by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

_____________________________

MARIA ALICIA DUARTE, CMC
City Clerk

NOTICE OF INTENT TO ADOPT A

NEGATIVE DECLARATION
Name of Project: Downey Housing Element Implementation Project Applications: -Zone Text Amendment
-No applications have yet been filed for residential development in anticipation of adoption of the Housing Overlay Zones (Zone Text Amendment).

Location: Citywide
Zoning/Land Use: Various locations within the R-1, R-2, R-3, M-2, SP (Specific Plan), Mixed Use, C-P, C-1, C-2, C-M, and M-2 / Residential, Commercial/Mixed Use, Specific Plan
Project Description: The City of Downey will be the lead agency under the California Environmental Quality Act (CEQA) for housing programs in the Housing Element. The project requires environmental review under CEQA as outlined in Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines outlined in California Code of Regulations Sections 15000, et seq.

The Project site is located in various locations throughout the City. Refer to Figures 1 through 7. Figure 1 provides the Regional Context and Vicinity and Figures 2 through 7 provides the Housing Overlay Inset Maps. Figures may be accessed here:
https://www.downeyca.org/our-city/departments/community-development/planning/environmental-planning or
https://www.downeyca.org/our-city/departments/community-development/planning/housing-element- update/housing-element-implementation
One of the housing programs in the Housing Element specifically calls for rezoning to address Downey’s unmet Regional Housing Needs Assessment (RHNA). The General Plan amendments called for in Program

1.1 will be completed at a later date as part of the ongoing General Plan update. Program 1.1 also calls for rezoning actions to address the RHNA shortfall for the 2021-2029 planning period. As determined by SCAG, the City of Downey’s 6th cycle RHNA allocation is 6,525 new housing units, with the units divided among the four income categories. Approved and proposed residential development projects can be credited toward the 2021-2029 RHNA as can RHNA sites that had appropriate zoning in place and which required no rezoning actions. Combined, approved and proposed projects, projected ADU development, and development on land with appropriate zoning in place result in 2,629 units (40% of the RHNA). After accounting for this capacity, a shortfall of 3,896 RHNA units remains. To ensure that sufficient capacity exists in the Housing Element to accommodate the RHNA throughout the planning period, the state’s Department of Housing and Community Development recommends that jurisdictions create a buffer in the housing element inventory of at least 15% to 30% more capacity than required, especially for capacity to accommodate the lower-income RHNA. The RHNA sites identified in the Housing Element for rezoning have a combined capacity of 4,442 units, 460 (or 11%) of the shortfall. To implement Program 1.1, two residential overlay zone districts will be created allowing high-density housing development:

Attachment D

• Housing Overlay #1 (HOU 1) will allow residential development at a density of 18-40 units per acre and will only be applied to R-3 RHNA rezoning sites identified in the Housing Element. It does not apply to the full R-3 zone.

• Housing Overlay #2 (HOU 2) will allow development at 30 units per acre and will only be applied to Mixed Use, Corridor Residential Overlay, and Specific Plan RHNA rezoning sites identified in the Housing Element.

Lead Agency: City of Downey

Contact Person(s): Alfonso S. Hernandez, Principal Planner (562) 904-7154
[email protected]

Review Period: November 8, 2024 to November 27, 2024 (20 days)

The Initial Study and Negative Declaration will be circulated for a 20-day review period. Written comments must be received by the City of Downey Planning Division prior to 5:30 p.m. on the last date of the public review period.

Purpose of Review: The purpose of this review is to allow public agencies and interested members of the public the opportunity to share expertise, disclose agency analysis, check for accuracy, detect omissions, discover public concerns, and solicit counter-proposals pursuant to CEQA Guidelines Section 15200 (Purpose of Review).

IS/ND Materials Available:
https://www.downeyca.org/our-city/departments/community-development/planning/environmental-planning or
https://www.downeyca.org/our-city/departments/community-development/planning/housing-element- update/housing-element-implementation

Send Comments to: City of Downey, Planning Division
Alfonso S. Hernandez, Principal Planner
11111 Brookshire Avenue
Downey, CA 90241
[email protected]
Fax – (562) 622-4816

Documents are available for review at:

City of Downey City
Hall - Planning Division
11111 Brookshire Avenue
Downey, CA 90241
(see web address above)

Downey Library

11121 Brookshire
Downey, CA 90241
Barbara J. Riley
Community/Senior Center
7810 Quill Drive
Downey, CA 90242

Columbia Space
Center
12400 Columbia Way,
Downey, CA 90242
Public Hearing: The City of Downey’s Planning Commission has scheduled Wednesday, December 4, 2024, for a public hearing to consider the project and its Negative Declaration. Separate notice will be posted at the appropriate time for that hearing. When the hearing is scheduled, it will be heard in the Council Chambers of Downey City Hall, located at 11111 Brookshire Avenue, Downey, CA. All interested parties are invited to attend and give testimony on the request when the item is scheduled.

Attachment D

Figure 1 - Regional Context and Vicinity

Attachment D

Figure 2 - Housing Overlay Inset Maps Key

Attachment D

Figure 3 - Housing Overlay Inset Map A

Attachment D

Figure 4 - Housing Overlay Inset Map B

Attachment D

Figure 5 - Housing Overlay Inset Map C

Attachment D

Figure 6 - Housing Overlay Inset Map D

Attachment D

Figure 7 - Housing Overlay Inset Map E

Attachment D

Figure 1 - Regional Context and Vicinity

Attachment D

Figure 2 - Housing Overlay Inset Maps Key

Attachment D

Figure 3 - Housing Overlay Inset Map A

Attachment D

Figure 4 - Housing Overlay Inset Map B

Attachment D

Figure 5 - Housing Overlay Inset Map C

Attachment D

Figure 6 - Housing Overlay Inset Map D

Attachment D

Figure 7 - Housing Overlay Inset Map E

Attachment D

Downey Housing Element Implementation

Draft Initial Study and
Negative Declaration

Lead Agency:

City of Downey
Community Development Department
11111 Brookshire Avenue
Downey, California 92041
Contact: Alfonso S. Hernandez
[email protected]

Prepared by:

MIG, Inc.
1650 Spruce Street, Suite 106
Riverside, CA 92507
Contact: Bob Prasse
[email protected]

Public Review Draft
November 7, 2024

Attachment D

- This document is designed for double-sided printing.-

Attachment D

Table of Contents
1 Introduction 1

1.1 – Purpose of CEQA .................................................................................................... 1

1.2 – Public Comments .................................................................................................... 2

1.3 – Availability of Materials ............................................................................................ 3 2 Project Description................................................................................................................... 5

2.1 – Project Title ............................................................................................................. 5

2.2 – Lead Agency Name and Address ............................................................................ 5

2.3 – Contact Person and Phone Number ........................................................................ 5

2.4 – Project Sponsor’s Name and Address ..................................................................... 5

2.5 – Project Location ....................................................................................................... 5

2.6 – Environmental Setting ............................................................................................. 7

2.7 – Project Description .................................................................................................. 7

2.8 – Required Approvals ................................................................................................. 9

2.9 – Other Public Agencies Whose Approval is Required ............................................... 9 3 Environmental Determination ................................................................................................. 17

3.1 – Environmental Factors Potentially Affected ........................................................... 17

3.2 – Determination ........................................................................................................ 17 4 Evaluation of Environmental Impacts ..................................................................................... 19

4.1 – Aesthetics .............................................................................................................. 19

4.2 – Agriculture and Forest Resources ......................................................................... 20

4.3 – Air Quality .............................................................................................................. 22

4.4 – Biological Resources ............................................................................................. 24

4.5 – Cultural Resources ................................................................................................ 25

4.6 – Energy ................................................................................................................... 26

4.7 – Geology, Soils, and Paleontological Resources..................................................... 27

4.8 – Greenhouse Gas Emissions .................................................................................. 29

4.9 – Hazards and Hazardous Materials......................................................................... 30

4.10 – Hydrology and Water Quality ................................................................................. 31

4.11 – Land Use and Planning ......................................................................................... 34

4.12 – Mineral Resources ................................................................................................ 34

4.13 – Noise ..................................................................................................................... 35

4.14 – Population and Housing ........................................................................................ 36

4.15 – Public Services ...................................................................................................... 36

4.16 – Recreation ............................................................................................................. 38

4.17 – Transportation and Traffic ..................................................................................... 39

4.18 – Tribal Cultural Resources ...................................................................................... 40

4.19 – Utilities and Service Systems ................................................................................ 41

4.20 – Wildfire .................................................................................................................. 42

4.21 – Mandatory Findings of Significance ....................................................................... 43 6 References

6.1 – List of Preparers .................................................................................................... 45

6.2 – Persons and Organizations Consulted .................................................................. 45

6.3 – Bibliography .......................................................................................................... 45

Attachment D

List of Tables
Table 1: Housing Overlay Size and Capacity ....................................................................................... 9

List of Exhibits
Figure 1 - Regional Context and Vicinity .............................................................................................. 6 Figure 2 - Housing Overlay Inset Maps Key ....................................................................................... 11 Figure 3 - Housing Overlay Inset Map A ............................................................................................ 12 Figure 4 - Housing Overlay Inset Map B ............................................................................................ 13 Figure 5 - Housing Overlay Inset Map C ............................................................................................ 14 Figure 6 - Housing Overlay Inset Map D ............................................................................................ 15 Figure 7 - Housing Overlay Inset Map E ............................................................................................ 16

Attachment D

1 Introduction

The Housing Element (2021-2029) and its eight-year housing plan, is a component of Downey’s General Plan which establishes policy direction for the long-term development in the City. The Housing Element, updated every eight years, covers the planning period from 2021-2029. The Housing Element, which was adopted October 11, 2022, provides policies and programs designed to accommodate Downey’s Regional Housing Needs Allocation (RHNA). The City is currently in the process of comprehensively updating the other Elements of the General Plan to, in part, comply with several State laws that have been adopted since the last update of the General Plan. Facilitating future housing projects pursuant to established General Plan policies would be accomplished by creating Housing Overlay Zones and applying them to parcels identified as housing sites in the Housing Element.

The project requires review under the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations Sections 15000, et seq.).

This Initial Study and associate Negatived Declaration (IS/ND) was prepared to assess the short-term, long-term, and cumulative environmental impacts that could result from approval of the proposed project. This report was prepared to comply with CEQA Guidelines Section 15063(d) which requires an Initial Study to include the following:

 A description of the project, including the location of the project (see Section 2)  Identification of the environmental setting (see Section 2.6)  Identification of environmental effects by use of a checklist, matrix, or other methods, provided that entries on the checklist or other form are briefly explained to indicate that there is some evidence to support the entries (see Section 4)
 The name(s) of the person(s) who prepared or participated in the preparation of the Initial Study (see Section 6)

1.1 – Purpose of CEQA
The Legislature finds and declares as follows:

a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.
b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man.
c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state.
d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached.
e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment.
f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution.

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g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.

The Legislature further finds and declares that it is the policy of the State to:

a) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. b) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise. c) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history.
d) Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.
e) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. f) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality.
g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment.”

1.2 – Public Comments
Written comments from all public agencies and individuals are invited regarding the information contained in this IS/ND. Such comments should explain any perceived deficiencies in the assessment of impacts, identify the information that is purportedly lacking in the Initial Study or indicate where the information may be found. All comments on the IS/ND must be provided before the close of the 20-day public review period and are to be submitted to:

Alfonso S. Hernandez, Principal Planner
Community Development Department
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7151
Email: [email protected]

Following a 20-day period of circulation and public review of the IS/ND, all written comments will be considered by the City of Downey prior to taking action on the project and adopting the IS/ND.

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1.3 – Availability of Materials
All materials related to the preparation of this Initial Study are available for public review at the City Hall, The Columbia Space Center, the City Library, and the Barbara J. Riley Center or available on the City’s website homepage:

https://www.downeyca.org/our-city/departments/community- development/planning/environmental-planning

https://www.downeyca.org/our-city/departments/community- development/planning/housing-element-update/housing-element-implementation

To request an appointment to review these materials at City Hall, please contact Alfonso S. Hernandez, Principal Planner, via telephone at (562) 904-7151 or via email at [email protected]

City Hall – 11111 Brookshire Avenue, Downey, Ca. 90241
Columbia Space Center – 12400 Columbia Way, Downey, CA 90242 City Library – 11121 Brookshire Ave #586, Downey, CA 90241 Barbara J. Riley Center – 7810 Quill Dr, Downey, CA 90242

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2 Project Description

2.1 – Project Title
Downey Housing Element Implementation

2.2 – Lead Agency Name and Address
City of Downey
Community Development Department
11111 Brookshire Avenue
Downey, California 92041

2.3 – Contact Person and Phone Number
Alfonso S. Hernandez, Principal Planner
[email protected]
Phone: (562) 904-7151

2.4 – Project Sponsor’s Name and Address
City of Downey
Community Development Department
11111 Brookshire Avenue
Downey, California 92041

2.5 – Project Location
The City of Downey is located in the County of Los Angeles, approximately 13 miles southeast of downtown Los Angeles and adjacent to the cities of Pico Rivera, Santa Fe Springs, Norwalk, Bellflower, Paramount, South Gate, Bell Gardens, and Commerce. Major freeways and roadways serving the City include Interstates 5, 605,105, and 710, Lakewood Boulevard (SR 19), Florence Avenue, Firestone Boulevard, Imperial Highway, and Paramount Boulevard (See Figure 1, Regional Context and Vicinity Map)

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Figure 1 - Regional Context and Vicinity

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2.6 – Environmental Setting
The City of Downey occupies approximately 12.8 square miles and is located in the southeastern part of Los Angeles County. The City is surrounded by the cities of Pico Rivera to the north, Santa Fe Springs to the northeast, Norwalk to the east, Bellflower and Paramount to the south, South Gate to the southwest and west, and Commerce to the northwest. The City of Downey is located approximately 13 miles northeast of the Ports of Los Angeles and Long Beach. There are four freeways that provide direct access to Downey: Interstate I-605 (San Gabriel River Freeway), which crosses the eastern portion of the City; I-5 (Santa Ana Freeway), which crosses the northern portion of the City; the I-105 intersection, which crosses the southern part of the City; and I-710 (Long Beach Freeway), which does not cross the City but is located west of the City and accessible via three major streets: Florence Avenue, Firestone Boulevard, and Imperial Highway.

The City is generally bounded by the Rio Hondo River channel to the west, Telegraph Road to the north, the San Gabriel River channel to the east, and Gardendale Street and Foster Road to the south. Most of the City was developed during the housing boom in the 1950s and 1960s. The City is a fully developed community with older buildings and very few vacant properties. Since residential uses occupy more than half of the City’s land area, Downey is known mainly as a bedroom community. However, the City also provides a mix of other land uses such as open space, commercial, and manufacturing. Residential uses are located throughout the City but predominantly located to the north, east, and west. Commercial uses are scattered throughout the north, east, south, and west portions of the City, while manufacturing uses are primarily concentrated in the southeastern portion of the City.

2.7 – Project Description
One of the housing programs in the Housing Element specifically calls for rezoning to address Downey’s unmet Regional Housing Needs Assessment (RHNA). The General Plan amendments called for in Program 1.1 will be completed at a later date as part of the ongoing General Plan update. Program 1.1 also calls for rezoning actions to address the RHNA shortfall for the 2021-2029 planning period. As determined by SCAG, the City of Downey’s 6th cycle RHNA allocation is 6,525 new housing units, with the units divided among the four income categories. Approved and proposed residential development projects can be credited toward the 2021-2029 RHNA as can RHNA sites that had appropriate zoning in place and which required no rezoning actions. Combined, approved and proposed projects, projected ADU development, and development on land with appropriate zoning in place result in 2,629 units (40% of the RHNA). After accounting for this capacity, a shortfall of 3,896 RHNA units remains. To ensure that sufficient capacity exists in the Housing Element to accommodate the RHNA throughout the planning period, the state’s Department of Housing and Community Development recommends that jurisdictions create a buffer in the housing element inventory of at least 15% to 30% more capacity than required, especially for capacity to accommodate the lower-income RHNA. The RHNA sites identified in the Housing Element for rezoning have a combined capacity of 4,442 units, 460 (or 11%) of the shortfall.

To implement Program 1.1, two residential overlay zone districts will be created allowing high-density housing development as shown on Figures 2 through 7, below:

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Applicability. An HOU zone may only be applied to sites which have been identified as RHNA Housing Element Sites in the General Plan Housing Element as follows.

• The HOU-1 Overlay Zone may only apply to identified Housing Element sites zoned Multifamily Residential (R-3) and to one site (one, 1.30 acre parcel) that will be rezoned from Single-Family Residential (R-1) to Multifamily Residential (R-3) at the request of the property owner. The overlay does not apply to the full R-3 zone.
• The HOU-2 Overlay Zone may only apply to identified Mixed Use, Corridor Residential Overlay, and Specific Plan Housing Element sites zoned commercial (C-P,C-1,C-2,C-M), residential (R-1, R-2, R-3), manufacturing (M-2), or Specific Plan (SP), which applies only to areas located within one of three identified Specific Plans. The overlay does not apply to all properties in these zones.

Where a conflict in regulations between the base zone and the zone overlay occurs, the regulations specified in this section shall apply. Where a conflict between this overlay district and State law arises, State law shall apply, including but not limited to income and affordability levels.

Purpose. The purpose of the Housing Overlay Zones is to implement the policies and programs of the Downey Housing Element through increased residential densities and reduced development requirements within certain residential, commercial, or mixed-use zones.

• The HOU-1 Overlay Zone would allow 18 – 40 dwelling units per acre for identified Housing Element sites zoned Multifamily Residential (R-3) and to one site (one, 1.30 acre parcel) that will be rezoned from Single-Family Residential (R-1) to Multifamily Residential (R-3) at the request of the property owner. The overlay does not apply to the full R-3 zone. • The HOU-2 Overlay Zone would allow a density of 30 dwelling units per acre for identified Mixed Use, Corridor Residential Overlay, and Specific Plan Housing Element sites zoned commercial (C-P,C-1,C-2,C-M), residential (R-1, R-2, R-3), manufacturing (M-2), or Specific Plan (SP), which applies only to areas located within one of three identified Specific Plans.

The overlay does not apply to all properties in these zones.

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

• HOU-1 and HOU-2 – By Right. Multifamily residential development is allowed in HOU-1 by right, provided densities are no less than 18 units per acre and no more than 40 units per acre and Multifamily residential development is allowed in HOU-2 by right, provided densities are no more and no less than 30 units per acre.
• Housing Element Sites – By Right. The following uses are allowed by right for sites which are identified as rezoning sites in the Housing Element and used to address an unaccommodated, lower-income RHNA, consistent with Government Code Section 65583.2(h) as may be amended from time to time:
o Multifamily residential development with 100 percent residential uses in which at least 20 percent of the units are affordable to lower-income households. o In the HOU-2 zone, mixed-use projects in which at least 50 percent of the square footage of the project is residential.

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• Discretionary Site Plan Review. Multifamily residential projects with the following densities shall require discretionary, staff-level site plan review (§9328.06 - Administrative Permits) o HOU-1: Densities of less than 18 units per acre.
o HOU-2: Densities of less than 30 units per acre or greater than 30 units per acre. • Conditional Use Permit. The following projects shall require a conditional use permit, subject to Planning Commission review and approval:
o Projects that do not contain residential uses.
o Mixed-use projects that contain less than 50% residential uses.

Zoning Map Amendments to Apply the Housing Overlays
Figures 2 through 7 shows where the Housing Overlays will be applied throughout the City, Figure 2 is a key map for the City, and Figures 3 through 7 –shows expanded “blow up” views of each part of the City. Table 1 shows the acreage that will be subject to the two overlays, and an estimate of the number of dwelling units that could be constructed in order to meet the City’s unmet (shortfall) RHNA of 3,986 dwelling units. To ensure that sufficient capacity exists in the Housing Element to accommodate the RHNA throughout the planning period, the state’s Department of Housing and Community Development recommends that jurisdictions create a buffer in the housing element inventory of at least 15% to 30% more capacity than required, especially for capacity to accommodate the lower-income RHNA. The RHNA sites identified in the Housing Element for rezoning have a combined capacity of 4,442 units, 460 (or 11%) of the shortfall.

Table 1: Housing Overlay Size and Capacity

Overlay # of Parcels Area Size (Acres)
Capacity identified in the
Housing Element (units)
HOU-1 134 25.0 757
HOU-2 151 203.3 3,685
TOTAL 285 228.3 4,442

Implementation of the Housing Overlay Zones does not grant any land use entitlements, authorize development of any specific development project, change base zoning districts, or require any direct physical changes to land or existing development. No applications have yet been filed for residential development in anticipation of adoption of the Housing Overlay Zones. All future development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis.

2.8 – Required Approvals
The City of Downey is the only land use authority for this project requiring the following approvals:

• Adoption of a Zoning Ordinance Amendment to establish the Housing Overlays. • Adoption of an Amendment to the Zoning Map to apply the Housing Overlays at various locations throughout the City.
• Adopt a Negative Declaration in compliance with CEQA.

2.9 – Other Public Agencies Whose Approval is Required None.

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Figure 2 - Housing Overlay Inset Maps Key

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Figure 3 - Housing Overlay Inset Map A

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Figure 4 - Housing Overlay Inset Map B

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Figure 5 - Housing Overlay Inset Map C

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Figure 6 - Housing Overlay Inset Map D

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Figure 7 - Housing Overlay Inset Map E

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3 Environmental Determination

3.1 – Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a ‘Potentially Significant Impact’ or ‘Less than Significant with Mitigation Incorporated’ as indicated by the checklist analysis on the following pages.
□ Aesthetics □ Agriculture / Forest
Resources □ Air Quality / Energy
□ Biological Resources □ Cultural/Tribal Resources □ Geology / Soils/ Paleo □ Greenhouse Gas
Emissions □ Hazards / Hazardous
Materials □ Hydrology / Water
Quality
□ Land Use / Planning □ Mineral Resources □ Noise
□ Population / Housing □ Public Services / Recreation □ Wildfire □ Transportation/Traffic □ Utilities / Service Systems □ Mandatory Findings of Significance

3.2 – Determination

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION would be prepared.
□
I find that although the proposed project could have a significant effect on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION would be prepared. □
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□
I find that the proposed project MAY have a ‘potentially significant impact’ or ‘potentially significant unless mitigated’ impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
□
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

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4 Evaluation of Environmental Impacts

4.1 – Aesthetics
Except as provided in Public Resources Code Section 21099, would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect
on a scenic vista? □ □ □
b) Substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within view from a state
scenic highway?
□ □ □
c) In non-urbanized areas,
substantially degrade the existing
visual character or quality of
public views of the site and its
surroundings? (Public views are
those that are experienced from a
publicly accessible vantage point).

If the project is in an urbanized
area, would the project conflict
with applicable zoning and other
regulations governing scenic
quality?
□ □ □
d) Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
□ □ □

a) No Impact. Scenic vistas can be impacted by development in two ways. First, a structure may be constructed that blocks the view of a vista. Second, the vista itself may be altered (i.e., development on a scenic hillside). There are no scenic vistas identified in the City of Downey General Plan (Downey Vision 2025).1 Therefore, no impacts to scenic vistas would result with the implementation of the Housing Overlay Zones.

b) No Impact. No designated state scenic highway or eligible state scenic highway as identified on the California Scenic Highway Mapping System are located in the City2. The nearest State scenic highway is the Angeles Crest Highway (State Route 2), located approximately 20 miles north of the City.2 Therefore, no impacts to scenic resources visible from a state scenic highway would result with the implementation of the Housing Overlay Zones.

Attachment D

c) Less Than Significant Impact. The City is in a fully developed urbanized area. The Housing Element Overlay would allow increased density at various locations throughout the City. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis and would be required to comply with zoning requirements, design guidelines and other regulations related to scenic quality. Therefore, impacts to the existing visual character and quality would be less than significant.

d) Less Than Significant Impact. Excessive or inappropriately directed lighting can adversely impact night-time views by reducing the ability to see the night sky and stars. Glare can be caused by unshielded or misdirected lighting sources. Reflective surfaces (e.g., polished metal) can also cause glare. Impacts associated with glare range from simple nuisance to potentially dangerous situations (e.g., if glare is directed into the eyes of motorists). The following City of Downey Municipal Code (DMC) sections deal with various forms of lighting: Section 9520, Outdoor Lighting; Section 9933.5, Street Lighting; and Section 9624, Lighting and Design Standards.

These DMC sections require outdoor lighting to be arranged so as to reflect light away from any other property. Sources of daytime glare are typically concentrated in commercial areas and are often associated with retail uses with extensive glass surfaces. Glare results from development that contains reflective materials such as hi-efficiency window glass, highly polished surfaces, and expanses of pavement. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis.

Therefore, compliance with DMC regulations and future project-level CEQA review will ensure that potential outdoor lighting and glare impacts are less than significant.

4.2 – Agriculture and Forest Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
□ □ □
Attachment D

In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:

b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract? □ □ □
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104 (g))?
□ □ □
d) Result in loss of forest land or
conversion of forest land to non-forest
use? □ □ □
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest
use?
□ □ □

a) Less Than Significant Impact. The City is located in a fully developed, largely residential, suburbanized area that does not contain any agricultural or forest uses. The California Important Farmland Finder prepared by the Department of Conservation does not identify the City as containing Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.3 The City of Downey is located in an area that is mapped as “Urban and Built-Up Land” with no land considered as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) within the City. In addition, the General Plan does not identify any areas for agriculture use within the City. Conversion of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance to a non-agricultural would not result and impacts would be less than significant.

b) Less Than Significant Impact. No Williamson Act (i.e., agricultural preserve) contracts through Los Angeles County are active in the City because Los Angeles County is a non-participating county.4 Less than significant impacts would result because no Williamson Act contracts are present.

c) Less Than Significant Impact. CEQA Section 12220(g) identifies forest land as land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and Attachment D

wildlife, biodiversity, water quality, recreation, and other public benefits. The City does not contain forest land or timber land, or forest land or timber land zoning districts. Therefore, less than significant impacts would result.

d) Less Than Significant Impact. CEQA Section 12220(g) identifies forest land as land that can support 10-percent Impact. The City is fully developed; therefore, there would be no loss of forest land or conversion of forest land to non-forest use and impacts would be less than significant.

e) Less Than Significant Impact. The City is fully developed. Because no Farmland is located in the City, the implementation of the Housing Overlay Zones would not change the existing environment in a manner that would result in the conversion of forest land to a non-forest use. Therefore, impacts would be less than significant.

4.3 – Air Quality
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan? □ □ □
b) Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
Project region is non-attainment
under an applicable federal or state
ambient air quality standard?
□ □ □
c) Expose sensitive receptors to
substantial pollutant
concentrations? □ □ □
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
□ □ □

a) Less Than Significant Impact. The City is located within the South Coast Air Basin (Basin), where efforts to attain state and federal air quality standards are governed by the South Coast Air Quality Management District (SCAQMD). Both the State of California and the federal government have established health-based ambient air quality standards (AAQS) for seven air pollutants (known as criteria pollutants). These pollutants include ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), inhalable particulate matter with a diameter of 10 microns or less (PM10), fine particulate matter with a diameter of 2.5 microns or less (PM2.5), and lead (Pb). The state has also established AAQS for additional pollutants. The AAQS are designed to protect the health and welfare Attachment D

of the populace within a reasonable margin of safety. Where the state and federal standards differ, California AAQS (CAAQS) are more stringent than the national AAQS (NAAQS).

The U.S. Environmental Protection Agency (U.S. EPA), California Air Resources Board (CARB), and the SCAQMD assess the air quality of an area by measuring and monitoring the amount of pollutants in the ambient air and comparing pollutant levels against NAAQS and CAAQS. Based on these comparisons, regions are classified into one of the following categories:

• Attainment. A region is “in attainment” if monitoring shows ambient concentrations of a specific pollutant are less than or equal to NAAQS or CAAQS. In addition, an area that has been re- designated from nonattainment to attainment is classified as a “maintenance area” for 10 years to ensure that the air quality improvements are sustained. • Nonattainment. If the NAAQS or CAAQS are exceeded for a pollutant, the region is designated as nonattainment for that pollutant. It is important to note that some NAAQS and CAAQS require multiple exceedances of the standard in order for a region to be classified as nonattainment.

Federal and state laws require nonattainment areas to develop strategies, plans, and control measures to reduce pollutant concentrations to levels that meet, or attain, standards. • Unclassified. An area is unclassified if the ambient air monitoring data is incomplete and does not support a designation of attainment or nonattainment.

All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis, which would include an analysis of Basin standards and regulations. Therefore, less than significant impacts would result related to conflicting with air quality.

b) Less Than Significant Impact. A project may have a significant impact if project-related emissions exceed federal, state, or regional standards or thresholds, or if project-related emissions would substantially contribute to existing or projected air quality violations. Future discretionary projects could generate both short-term construction emissions and long-term operational emissions and would be required to prepare environmental documentation. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis Therefore, less than significant impacts would result related to violating air quality standards or contributing to an existing air quality violation.

c) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis to determine exposure to sensitive receptors. Therefore, less than significant impacts would result.

d) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis to determine the potential for other emissions to occur. Therefore, less than significant impacts would result.

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4.4 – Biological Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or
U.S. Fish and Wildlife Service?
□ □ □
b) Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community
identified in local or regional plans,
policies, regulations, or by the
California Department of Fish and
Game or US Fish and Wildlife
Service?
□ □ □
c) Have a substantial adverse effect
on federally protected wetlands as
defined by Section 404 of the
Clean Water Act (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
□ □ □
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
□ □ □
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?
□ □ □
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f) Conflict with the provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan?
□ □ □

b) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis to determine the effect on riparian habitat. Therefore, less than significant impacts would result.

c) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis to determine the effect on wetlands. Therefore, less than significant impacts related to wetlands would result.

d) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis to determine the effect on wildlife migration. Therefore, less than significant impacts related to wildlife migration would result.

e) No Impact. The City has no regulation regarding removal of trees Therefore, future discretionary projects will not conflict with any local regulations related to trees or other biological resources and no impacts would result with the implementation of the Housing Overlay Zones.

f) No Impact. No Habitat Conservation Plan, Natural Community Conservation Plan or other biological plan are associated with the City and would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.5 No impacts would result with the implementation of the Housing Overlay Zones.

4.5 – Cultural Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change
in the significance of a historical
resource as defined in Section
15064.5?
□ □ □
Attachment D

b) Cause a substantial adverse change
in the significance of an
archaeological resource pursuant to
Section 15064.5?
□ □ □
c) Disturb any human remains,
including those interred outsides of
formal cemeteries? □ □ □
a) Less than significant Impact. In the 1800’s, Downey was one of many towns to spring up in the Los Angeles Basin. The city derived its name from John Gately Downey, an Irish immigrant who had come to California during the 1849 Gold Rush. He helped build the economic foundation of Southern California which transitioned from open cattle range to an agricultural district of small farms.

All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis that would include evaluation of historical resources. Therefore, less than significant impacts to historical resources would.

b) Less Than Significant Impact. The City is fully developed with previous ground disturbance having occurred throughout the City. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis related to archaeological resources. Therefore, less than significant impacts would result.

c) Less than Significant Impact. Although the City is fully developed with previous ground disturbance having occurred throughout the City. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis related to the potential discovery of human remains. If human unanticipated or unknown remains are present, compliance with State Health and Safety Code Section 7050.5 would be required, Therefore, less than significant impacts related to disturbing human remains would result with compliance with State Health and Safety Code.

4.6 – Energy
Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
□ □ □
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency? □ □ □

Attachment D

a) Less Than Significant Impact. Since the City is nearly all developed, future development will mostly involve the replace of older homes with new, more energy efficient homes. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis necessary to evaluate consumption of energy resources. Therefore, less than significant impacts would result.

b) Less than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, compliance with CalGreen Code and State Title 24 energy conservation standards would result in less than significant impacts.

4.7 – Geology, Soils, and Paleontological Resources
Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:

i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
□ □ □
ii) Strong seismic ground shaking? □ □ □
iii) Seismic-related ground failure,
including liquefaction? □ □ □
iv) Landslides? □ □ □
b) Result in substantial soil erosion or
the loss of topsoil? □ □ □
c) Be located on a geologic unit or soil
that is unstable, or that would
become unstable as a result of the
Project, and potentially result in on-
or off-site landslide, lateral
spreading, subsidence, liquefaction
or collapse?
□ □ □
Attachment D

d) Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1997),
creating substantial direct or indirect
risks to life or property?
□ □ □
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not
available for the disposal of waste
water?
□ □ □
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature? □ □ □

a.i) No Impact. No active faults have been identified at the ground surface within the City as identified in the General Plan Safety Element, nor have any Alquist-Priolo Earthquake Fault zones been designated.6 Therefore, no impacts would result with the implementation of the Housing Overlay Zones.

a.ii) Less Than Significant Impact. The City lies within the Los Angeles Basin and underlying geologic formations consist largely of ancient marine and river deposits which are typically sandy and silty-sandy soils.

The City is subject to strong seismic ground shaking, as are virtually all properties in Southern California.

The 2022 California Building Code (California Building Code [CBC], California Code of Regulations, Title 24, Volume 2, as adopted by the City of Downey Municipal Code (DMC), Chapter 16.05, contains seismic safety provisions with the aim of preventing building collapse during a design earthquake, so that occupants would be able to evacuate after the earthquake. Also, as older buildings are replaced the new building the new buildings will better withstand ground shaking and other seismic-related hazards because they will have to comply the newer CBC. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, Less than significant impacts would result.

a.iii) Less Than Significant Impact. Refer to Impact Question a.ii) above.

a.iv) Less Than Significant Impact. Although the City is fully developed that is relatively flat, all future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis related to archaeological resources. Therefore, less than significant impacts would result.

b) Less Than Significant Impact. Although the City is fully developed and is relatively flat with previous ground disturbance, all future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, impacts would be less than significant.

c) Less Than Significant Impact. Although the City is fully developed that is relatively flat, all future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis that would include Attachment D

the requirements of the 2022 California Building Code. Therefore, less than significant impacts would result.

d) Less than Significant Impact. Refer to Impact Question c) above.

e) Less Than Significant Impact. Although the City is fully developed that is relatively flat, all future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, less than significant impacts would result.

f) Less Than Significant Impact. The City is fully developed and ground disturbance has occurred throughout the City. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. See also the discussion in Section 4.5(a) pertaining to archaeological resources.

Therefore, less than significant impacts would result.

4.8 – Greenhouse Gas Emissions
Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas
emissions, either directly or
indirectly, that may have a significant
impact on the environment?
□ □ □
b) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
□ □ □

b) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. This would include the most recent California Air Resources Board (CARB) 2022 Climate Change Scoping Plan (2022 Scoping Plan) and the Southern California Association of Governments (SCAG) 2024 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Therefore, Less than significant impacts would result.

Attachment D

4.9 – Hazards and Hazardous Materials
Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
□ □ □
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
□ □ □
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste
within one-quarter mile of an existing
or proposed school?
□ □ □
d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5
and, as a result, would it create a
significant hazard to the public or the
environment?
□ □ □
e) For a project located within an airport
land use plan or, where such a plan
has not been adopted, within two
miles of a public airport or public use
airport, would the Project result in a
safety hazard or excessive noise for
people residing or working in the
Project area?
□ □ □
f) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
□ □ □
g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
□ □ □

Attachment D

b) Less Than Significant Impact. Refer to Impact question a) above.

c) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis in relation to existing or proposed schools. Therefore, less than Significant impacts would result.

d) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis in compliance with Government Code § 65962.5. Therefore, less than significant impacts would result.

e) No Impact. The nearest airports to the City are the Compton Woodley Airport located approximately located approximately seven miles to the southwest and Long Beach Airport located approximately 9 miles to the south. Therefore, no impacts related to airport safety hazards would result.

f) Less Than Significant Impact. The City Fire Department provides an emergency response plan and emergency preplacement plan for residents and businesses 7 All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, less than significant Impacts related to interference with emergency response and evacuation plans would result with the implementation of the Housing Overlay Zones.

g) No Impact. The City is located in a completely urbanized area and not located within a fire hazard zone, as identified on the latest Fire Hazard Severity Zone (FHSZ) maps prepared by the California Department of Forestry and Fire Protection (CALFIRE).8 In addition, the City is located in a Local Responsibility Area (LRA) and would be served by the City of Downey Fire Department, and further supported by the Los Angeles County Fire Department. Therefore, no impacts related to wildland fires would result.

4.10 Hydrology and Water Quality
Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards
or waste discharge requirements or
otherwise substantially degrade
surface or ground water quality?
□ □ □
Attachment D

Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Substantially decrease groundwater
supplies or interfere substantially
with groundwater recharge such that
the project may impede sustainable
groundwater management of the
basin?
□ □ □
c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river or through
the addition of impervious surfaces,
in a manner which would:
□ □ □
i) result in substantial erosion or
siltation on- or off-site; □ □ □
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;
□ □ □
iii) create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
□ □ □
iv) impede or redirect flood flows? □ □ □
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due
to project inundation? □ □ □
e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan?
□ □ □ □

Attachment D

b) Less than Significant Impact. The City is fully developed with a minimal amount of vacant land, and the redevelopment of land that may occur as the result of this project will not affect groundwater recharge areas. In fact, current federal and state requirement for the on-site retention of stormwater and nuisance flows will likely increase the recharge.

The City’s water supply is primarily extracted from the Central (groundwater) Basin which is a sub-basin of the Coastal Plain of Los Angeles pursuant to DWR Bulletin 118, Basin Number 4-11.04. Pursuant to the Sustainable Groundwater Management Act of 2014 (SGMA), the Central Basin was named as an adjudicated groundwater basin and is exempt from the requirements of developing a Groundwater Sustainability Plan and subsequently was designated a very-low-priority basin in DWR’s 2019 SGMA Basin Prioritization report. In compliance with SGMA, the Central Basin Watermaster (which is the Water Replenishment District of Southern California and the Central Basin Water Rights Panel) submits its Annual Report to DWR.

c.i) - c.iv) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Less than significant impacts would result.

d) No Impact. Refer to Impact Questions a) and b) above. Projects developed within Housing Overlay Zones sites are not subject to tsunamis due to its distance from the ocean (17.1 miles to the southwest and 14.5 miles to the south).

The Safety Element of the City’s 2005 General Plan (“Downey Vision 2025”) does not identify any specific upstream reservoirs or water impoundments whose failure could result in inundation of a site.

According to the California Dam Breach Inundation Map website9, even if the Santa Fe basin were full at the time of a large earthquake or other event that caused a dam failure, flood waters down the Rio Hondo Channel would not be expected to reach the City. Therefore, no flood hazard related impact s would result.

e) Less Than Significant Impact. The Los Angeles Regional Water Quality Control Board’s Basin Plan is designed to preserve and enhance surface and groundwater quality and protect the beneficial uses of all regional waters. Specifically, the Basin Plan: designates beneficial uses for surface and ground waters and sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the state's anti-degradation policy, and (iii) describes implementation programs to protect all waters in the region.

All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. This would include the incorporation of best management practices (BMPs) to protect water quality during construction and operational periods in environmental documentation. Therefore, Less than significant impacts would result.

Attachment D

4.11 – Land Use and Planning

a) No Impact. The project does not involve the construction of any roads, infrastructure or other improvements that would physically divide established communities. Therefore, no impacts would result.

b) Less Than Significant Impact. Establishment of the Housing Overlays is consistent with and implements the policies of the General Plan Housing Element. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, less than significant impacts would result.

4.12 – Mineral Resources
Would the project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
□ □ □
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
□ □ □

a) No Impact. The City is completely urbanized. According to the California Department of Conservation, Division of Mines and Geology Resources, no known mineral resources exist in the City Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Physically divide an established
community? □ □ □
b) Cause a significant environmental
impact due to a conflict with any
applicable land use plan, policy, or
regulation adopted for the purpose of
avoiding or mitigating an
environmental effect?
□ □ □
Attachment D

of Downey.10 No loss of availability of a known mineral resource would result. Therefore, no impacts related to the loss of a known mineral resource would result.

b) No Impact. The City of Downey is completely urbanized and does not contain mineral extraction or process facilities.11 No known mineral resources have been identified by the Downey General Plan EIR or in any other plan. Therefore, no impacts related to the loss of locally-important mineral resource would result.

4.13 – Noise
Would the Project result in:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial
temporary or permanent in ambient
noise levels in the vicinity of the
project in excess of standards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
□ □ □
b) Generation of excessive
groundborne vibration or
groundborne noise levels? □ □ □
c) For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or public
use airport, would the Project expose
people residing or working in the
Project area to excessive noise
levels?
□ □ □

c) No Impact. The nearest airports to the City are the Compton Woodley Airport located approximately and Long Beach Airport, located approximately seven miles to the southwest and Long Beach Airport located approximately 9 miles to the south. Therefore, no impacts related to airport noise hazards would result.

Attachment D

4.14 Population and Housing
Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)?
□ □ □
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
□ □ □

a) No Impact. Potential future population and housing growth was considered and planned for in the Housing Element. The establishment and application of the Housing Overlays are implementation actions to implement the Housing Element and, therefore, does not represent substantial unplanned population growth. Therefore, no impacts related to substantial, unplanned population growth would result.

b) No Impact. Future discretionary projects could have the potential to displace housing units depending on a particular site. However, implementation of the Housing Overlay Zones would result in an increase in housing. Therefore, no impacts related to displacing substantial numbers of people and housing would result.

4.15 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Fire protection? □ □ □
b) Police protection? □ □ □
c) Schools? □ □ □
Attachment D

d) Parks? □ □ □
e) Other public facilities? □ □ □

a) Less Than Significant Impact. Fire services in the City are provided by the Downey Fire Department (DFD). DFD has four fire districts each served by its own station. Additionally, DFD has automatic aid agreements with the Cities of Santa Fe Springs and Montebello and the County of Los Angeles. The agreement provides coverage at fires by the closest unit regardless of the jurisdictional boundary. Housing construction imposes certain short- and long-term costs upon local government, such as the cost of providing planning services and inspections. As a result, the City relies upon various planning and development fees to recoup costs and ensure that essential services and infrastructure are available when needed. The total fees vary from project to project based on type, existing infrastructure, and the cost of mitigating environmental impacts. Fees are usually collected upon filing of an application for development projects that require discretionary approval or at the time building permits are issued.12

All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis and the calculation of planning and development fees. Therefore, less than significant impacts would result.

b) Less Than Significant Impact. Police services in the City are provided by the Downey Police Department (DPD), except for properties owned by the County of Los Angeles in the southwest part of the City, which are patrolled by the Los Angeles County Sheriff’s Department. Additionally, DPD has mutual aid agreements with all cities in Los Angeles County, with the exception of the City of Los Angeles. The agreement establishes a reciprocal law enforcement status between other cities and the City of Downey. Housing construction imposes certain short- and long-term costs upon local government, such as the cost of providing planning services and inspections. As a result, the City relies upon various planning and development fees to recoup costs and ensure that essential services and infrastructure are available when needed. The total fees vary from project to project based on type, existing infrastructure, and the cost of mitigating environmental impacts. Fees are usually collected upon filing of an application for development projects that require discretionary approval or at the time building permits are issued.13

All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis and the calculation of planning and development fees. Therefore, less than significant impacts would result.

c) No Impact. Development impact fees may be levied for residential construction, pursuant to Education Code Section 17620 and California Government Code Section 65995 and the Downey Unified School District. California Government Code Section 65996 states that payment of school impact fees in accordance with California Government Code Section 65995 and/or Education Code Section 17620 is deemed to constitute full and complete mitigation for potential any environmental impacts to schools caused by development.

Attachment D

d) No Impact. The City has approximately 117 acres of parkland in 12 park sites. Housing developed on the overlay sites would be served by City parks. The State Quimby Act recommends a ratio of four acres of parkland per thousand residents as a minimum standard for new development. Because all of this recreational space is private, the project proponent would be responsible for paying the City’s established in-lieu park fee according the City Municipal Code.14 The provision of adequate recreation and open space for project residents is considered regulatory compliance. With the project design and payment of the City’s in-lieu park fee, no impacts regarding recreational impacts would result.

e) Less Than Significant Impact. New or relocated residents generated by the provision of new housing guided by the goals and policies of the proposed Housing Element Update will generate the incremental need for a variety of public and quasi-public services including libraries, medical clinics, urgent care facilities, hospitals, social service centers, senior centers, and other facilities. Housing construction imposes certain short- and long-term costs upon local government, such as the cost of providing planning services and inspections. As a result, the City relies upon various planning and development fees to recoup costs and ensure that essential services and infrastructure are available when needed. The total fees vary from project to project based on type, existing infrastructure, and the cost of mitigating environmental impacts. Fees are usually collected upon filing of an application for development projects that require discretionary approval or at the time building permits are issued.15

4.16 Recreation
Would the Project: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of
existing neighborhood and regional
parks or other recreational facilities
such that substantial physical
deterioration of the facility would
occur or be accelerated?
□ □ □
b) Does the project include recreational
facilities or require the construction
or expansion of recreational facilities
which might have an adverse
physical effect on the environment?
□ □ □

a) Less Than Significant Impact. The City has approximately 117 acres of parkland in 12 park sites.

Housing developed on the overlay sites would be served by City parks. The State Quimby Act recommends a ratio of four acres of parkland per thousand residents as a minimum standard for new development. Because all of this recreational space is private, the project proponent would be responsible for paying the City’s established in-lieu park fee according the City Municipal Code.16 The provision of adequate recreation and open space for project residents is considered regulatory compliance. With the project design and payment of the City’s in-lieu park fee, less than significant impacts regarding recreational impacts would result.

Attachment D

4.17 Transportation and Traffic
Would the Project:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with program plan, ordinance
or policy addressing the circulation
system, including transit, roadway,
bicycle and pedestrian facilities?
□ □ □
b) Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)? □ □ □
c) Substantially increase hazards due
to a geometric design feature (e.g.,
sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?
□ □ □
d) Result in inadequate emergency
access? □ □ □

a) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis considering applicable programs, plans and City ordinances. Therefore, Less than significant impacts would result.
b) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis that would consideration of vehicle miles traveled (VMT).

Therefore, less than significant impacts would result.

c) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, less than significant impacts would result.

d) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, less than significant impacts would result.

Attachment D

4.18 – Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a Cultural Native American tribe, and that is:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Listed or eligible for listing in the
California Register of Historical
resources, or in a local register of
historical resources as defined in
Public Resources Code Section
5020.1(k), or
□ □ □
b) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resource
Code Section 5024.1, the lead
agency shall consider the
significance of the resource to a
California Native American tribe.
□ □ □

a) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. In addition, consultation per the requirements of AB 52 will be required for all future development proposals. See also Section 4.5. Therefore, less than significant impacts would result.

b) Less Than Significant Impact. Refer to Impact Question a) above.

Attachment D

4.19 – Utilities and Service Systems
Would the Project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or storm
water drainage, electric power,
natural gas, or telecommunications
facilities, the construction or
relocation of which could cause
significant environmental effects?
□ □ □
b) Have sufficient water supplies
available to serve the Project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
□ □ □
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the Project that
it has adequate capacity to serve the
Project’s Projected demand in
addition to the provider’s existing
commitments?
□ □ □
d) Generate solid waste in excess of
State or local standards, or in excess
of the capacity of local infrastructure,
or otherwise impair the attainment of
solid waste reduction goals?
□ □ □
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid
waste?
□ □ □

Therefore, less than significant impacts would result.

b) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis and consideration of water supply. Therefore, less than significant impacts would result.

Attachment D

c) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis and consideration of wastewater. Therefore, less than significant impacts would result.

d) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Therefore, less than significant impacts would result.

e) Less Than Significant Impact. All future residential development proposals within the Housing Overlay Zones would be subject to City staff review to determine the appropriate level of site specific CEQA review and analysis. Proposed development projects within the Housing Overlay Zones would be required to comply with applicable City, state, and federal requirements for integrated waste management (e.g., recycling, green waste) and solid waste disposal and also be required to comply with the City’s Recycling and Waste Handling Requirement for construction and demolition debris Compliance with DMC Section 9528 would also be required.. Therefore, less than significant impacts would result.

4.20 – Wildfire
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan? □ □ □
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire
risks, and thereby expose project
occupants to pollutant concentrations
from a wildfire or the uncontrolled
spread of a wildfire?
□ □ □
c) Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result
in temporary or ongoing impacts to
the environment?
□ □ □
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a result of runoff, post-fire slope
instability, or drainage changes?
□ □ □
Attachment D

a) No Impact. The City is fully developed and not considered a high fire-threat area. Further, the surrounding area is not identified as being within or near any State Responsibility Area (SRA) on CALFIRE maps.17 Therefore, no impacts related to wildfires would result with the implementation of the Housing Overlay Zones.

b) No Impact. As discussed above in a), the City is not located within a fire hazard zone, as identified on the latest Fire Hazard Severity Zone (FHSZ) maps prepared by CALFIRE. There are no wildland conditions in the City that would expose occupants to wildfire hazards. Therefore, no impacts related to wildfires would result with the implementation of the Housing Overlay Zones.

c) No Impact. The City is not located within or near any State Responsibility Areas or within a FHSZ.

Therefore, no impacts related to wildfire-related infrastructure would result with the implementation of the Housing Overlay Zones.

d) No Impact. The City is not located within or near any State Responsibility Areas or located in a within a FHSZ. Therefore. no impacts related to exposure of people or structures would result with the implementation of the Housing Overlay Zones.

4.21 – Mandatory Findings of Significance
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or
animal community, reduce the
number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
□ □ □
b) Does the project have impacts that
are individually limited, but
cumulatively considerable? □ □ □
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
□ □ □

a) Less Than Significant Impact. The results of the preceding analysis in Sections 4.1 through 4.20 determined that implementation of the Housing Overlay Zones would result in less than significant impacts to sensitive biological, historical, archaeological, and paleontological resources.

Attachment D

b) Less Than Significant Impact. The results of the preceding analysis in Sections 4.1 through 4.20 determined that no cumulative impacts would result with the implementation of the Housing Overlay Zones because either no impacts or less than significant impacts have been identified.

c) Less Than Significant Impact. The results of the preceding analysis in Sections 4.1 through 4.20 determined that implementation of the Housing Overlay Zones would not result in either direct or indirect substantial adverse effects on human beings.

Attachment D

6 References

6.1 List of Preparers
City of Downey (Lead Agency)
Community Development Department
11111 Brookshire Avenue
Downey, California 90241
(562) 904-7154

• Irma Huitron, Community Development Director
• Alfonso Hernandez, Principal Planner
• Abraham Luna, Senior Planner

MIG (Environmental Analysis)
1650 Spruce Street, Suite 106
Riverside, California 92507
951-787-9222

 Bob Prasse, Director of Environmental Services
 Kevin Shannon, ENV SP, CGBP, CGLP
 Amanda North, Technician

6.2 Persons and Organizations Consulted
 N/A

6.3 Bibliography
1 City of Downey. Downey General Plan (Downey Vision 2025). https://www.downeyca.org/our- city/departments/community-development/planning/general-plan- map#:~:text=The%20General%20Plan%2C%20Downey%20Vision%202025%2C%20is%20a,add ress%20further%20changes%20in%20the%20City%20of%20Downey [Accessed July 2023]. 2 California Department of Transportation. California State Scenic Highways: State Scenic Highway Map. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap- liv-i-scenic-highways [Accessed July 2023].
3 California Department of Conservation. Farmland Mapping and Monitoring Program. https://maps.conservation.ca.gov/DLRP/CIFF/ [Accessed October 2024]. 4 California Department of Conservation. Williamson Act Program. https://www.conservation.ca.gov/dlrp/wa/Documents/stats_reports/2022%20WA%20Status%20Re port.pdf [Accessed October 2024].
5 California Department of Fish and Wildlife. Natural Community Conservation Planning. http://www.dfg.ca.gov/habcon/nccp/ [Accessed July 2023]. 6 City of Downey. Downey General Plan Safety Element. Figure SCS-2: Earthquake Faults. 2005.

Attachment D

7 City of Downey. Downey Fire Department, Office of Emergency Management. https://www.downeyca.org/our-city/departments/emergency-preparedness [Accessed October 2024]

8. California Department of Forestry and Fire Protection (CalFIRE). Fire Hazard Severity Zones Maps. https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards-building- codes/fire-hazard-severity-zones-maps/. [Accessed July 2023].

9. California Department of Water Resources (DWR), Division of Safety of Dams (DSOD), California Dam Breach Inundation Maps https://fmds.water.ca.gov/maps/damim/ [website accessed 9-22-23] 10 California Department of Conservation Division of Mines: Open Data and Maps CNRA. https://maps- cnra-cadoc.opendata.arcgis.com/ [Accessed July 2023].
11 California Department of Conservation Division of Mines: Open Data and Maps CNRA. https://maps- cnra-cadoc.opendata.arcgis.com/ [Accessed July 2023].
12 City of Downey 2021-2029 Housing Element. October 11, 2022. 13 City of Downey 2021-2029 Housing Element. October 11, 2022. 14 City of Downey, Code of Ordinances, Article IX Land Use, Sections 9931.8. City of Downey, CA SUBDIVISION REGULATIONS [Accessed October 2023]
15 City of Downey 2021-2029 Housing Element. October 11, 2022. 16 City of Downey, Code of Ordinances, Article IX Land Use, Sections 9931.8. City of Downey, CA SUBDIVISION REGULATIONS [Accessed October 2023]
17 California Department of Forestry and Fire Protection. California State Responsibility Areas Map. https://www.arcgis.com/home/item.html?id=5ac1dae3cb2544629a845d9a19e83991 [Accessed July 2023].

Attachment D

Chapter 3 – Zones and Standards
§ 9302. ZONES ESTABLISHED.

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
Housing Overlay Zones
Housing Overlay Zone 1 HOU-1
Housing Overlay Zone 2 HOU-2
Attachment E

§ 9328. HOUSING OVERLAY ZONES
§ 9328.02. INTENT AND PURPOSE
The purpose of the Housing Overlay Zones (HOU) is to implement the policies and programs of the Downey General Plan sixth cycle Housing Element (Housing Element) through increased residential densities and modified development requirements within certain residential, commercial, and mixed-use zones.

The HOU-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.
§ 9328.04. APPLICABILITY.
(a)An HOU zone may only be applied to sites which have been identified as Housing Element Sites in the General Plan Housing Element1 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. 1For 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 percent 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"
§ 9328.06. USES PERMITTED.

In addition to the uses allowed in the base zone of a given site, the following uses Attachment E

are permitted in the HOU-1 and HOU-2 zones.

SPR SPR
HOU-1: Density of less than 18
units per acre
HOU-2: Density of less than 30
units per acre or greater than 30
units per acre
Housing Element Shortfall Requirements
Multifamily
With 100 percent residential uses
in which at least 20 percent of the
units are affordable to lower
income households
Mixed Use NP
With at least 50
percent of the
square footage of
the project is
residential
Mixed Use
with at least
50 percent of
the square
footage of the
project is
residential
P P
HOU-1: Density 18-40 units per
acre
HOU-2: Density 30 units per
acre
with less than
50 percent of
the gross floor
area is
planned for
residential use
C C
§ 9328.08. DEVELOPMENT STANDARDS.
(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.

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.

Lot coverage - maximum
(percent) 50
Density 18-40 units per acre 30 units per acre
Building height - maximum
(feet)
main building
accessory building
35 feet or three stories, whichever is less
12 feet
Yard setbacks - minimum (feet)
front
rear
15 See notea
Yard setbacks (side) - minimum
(feet)
interior
street
5d

Table 9.3.16. Housing Overlay Zones Development Standards Development Standard HOU-1 e HOU-2e
Nonconforming uses, lots, and
structures Subject to Section 9410
Off-street parking and loading Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash and Garbage Subject to Section 9528
Visibility Subject to Section 9520 and 9534
Air Quality Subject to Section 9516.06(d)
Transportation Demand
Management Subject to Section 9530
Property Maintenance Subject to Section 8630
a When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required:
twenty (20) feet for a one (1) story building, thirty (30) feet for a two (2) story building, and forty- six (46) feet for a three (3) 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 (1) story building, ten (10) feet for a two (2) story building, and twenty-six (26) feet for a three (3) story building. When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: ten (10) feet for a one (1) story building, fifteen (15) feet for a two (2) story building, and twenty (20) feet for a three (3) story building.
b When abutting the R-1 Zone, the minimum setback shall be ten (10) feet. c Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.
d Each additional bedroom over four (4) shall be a minimum of one hundred thirty (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 §65583.2 (h) and (i).

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%
§ 9328.10. DESIGN STANDARDS.

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.

Attachment E

§ 9328.12. APPLICATION REVIEW.
(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 percent 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 percent 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.

Attachment E

OBJECTIVE
DESIGN

STANDARDS

MULTI-FAMILY AND MIXED-USE
DRAFT | NOVEMBER 2024
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 2 3

FOUNDATION AND ORGANIZATION

CITY COUNCIL
Horacia Ortiz,
Council Member,
District 1
Hector Sosa,
Mayor Pro Tem,
District 2
Dorothy Pemberton,
Council Member,
District 3
Claudia M. Frometa,
Council Member,
District 4
Mario Trujillo,
Mayor,

PLANNING

COMMISSION
Hector Lujan,
District 1
Mario Guerra,
Vice Chair,
Carrie Uva,
Chair,

ACKNOWLEDGMENTS CONTENTS

1.FOUNDATION AND ORGANIZATION OF

THESE OBJECTIVE DESIGN STANDARDS
Legislative Foundation ..............................................5 Organization ..................................................................6 Users’ Guide ....................................................................7

2.PURPOSE AND APPLICABILITY
Purpose ............................................................................9 Applicability ...................................................................9 Anticipated Building Type by Height ...............10
Review Process, Deviation from Standards,
and Alternative Review Process ..........................11

3.SITE DESIGN STANDARDS
Building Orientation ..................................................13 Pedestrian Access and Accommodations .....13
Parking, Access, and Driveways ..........................14 Open Space Location and Improvements .....15
Service Areas and Loading ...................................16

4.4.ARCHITECTURE AND BUILDING DESIGNARCHITECTURE AND BUILDING DESIGN

STANDARDSSTANDARDS
Massing and Articulation ........................................19 Roof Treatment ..........................................................22 Entrances, Windows, and Doors ........................23 Materials .........................................................................25 Colors ..............................................................................26 Parking Structures ....................................................26 Mixed-Use First Floor Street Frontage ...........27

5.LANDSCAPE DEISGN STANDARDS
Landscape General Standards .............................31 Parking Lot Landscaping .......................................31 Drought-Tolerant Planting ......................................31 Water-Retaining Landscaping Features .........31
Synthetic Turf ...............................................................31

6.OTHER SITE AND BUILDING FEATURES

STANDARDS
Walls, Fences, and Hedges ...................................33 Mailboxes and Trash Receptacles .....................33 Outdoor Lighting ......................................................34 Utilities and Mechanical Equipment .................35

APPENDIX
Definitions .....................................................................37 Checklist .......................................................................44 Project Review Page ................................................50 District 5
District 2
Louis Morales,
District 5
Elias Saikaly,
District 3
District 4
CITY

ADMINISTRATION
Roger Bradley,
City Manager
Vaniah De Rojas,
Assistant City Manager

COMMUNITY

DEVELOPMENT

DEPARTMENT
Irma Huitron,
Director of Community
Development
Alfonso S. Hernández,
Principal Planner
Abraham Luna,
Senior Planner
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 5 01 FOUNDATION AND ORGANIZATION01

FOUNDATION AND

ORGANIZATION
A. LEGISLATIVE FOUNDATION
This document addresses changes in California
law that focus on removing hurdles to housing
development often associated with discretionary
review processes. The aim is to streamline the
review of qualifying multi-family and mixed-
use projects by creating more certainty in
application processes, including establishing
clear expectations and standards regarding the
design of qualifying projects. Through these
process improvements, housing can be brought
to market more quickly and thus meet critical
housing needs of all income groups.

The emphasis of State law is to create design
standards that provide objective criteria to be
used as the basis for project review, standards
that are:
Measurable
Verifiable
Able to be known by everyone
Reference external, uniform benchmark
Not open for interpretation
Standards with objective language have been
prepared to enable the City of Downey to
comply with the following State of California
housing laws.

Senate Bill 35 (SB 35 2017) – Streamlined
Approval Process: This statute seeks to
streamline housing construction in California
counties and cities that are behind in building
enough housing to meet State-mandated
housing requirements. The law’s provisions
address:
Streamlined ministerial approval
Applicability to affordable housing
Only objective design standards used to
review projects
Consistency with local zoning – residential
or mixed-use residential
Projects involving at least two residential
units
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 6 7

FOUNDATION AND ORGANIZATION FOUNDATION AND ORGANIZATION C.USER’S GUIDE
The ODS are for project applicants and their
design teams (residents, property and business
owners, developers, builders, architects) and City
staff involved in the review and approval process
of multi-family and/or mixed-use (majority
housing) development in City of Downey.

The following summarizes the steps involved in
applying each section.
Step 1: Review of Site Design Standards:

Site Design involves a careful analysis of the
opportunities and constraints of the site,
including building orientation, pedestrian
and vehicular access, characteristics of
open space, and service areas.
Step 2: Review of Architecture and
Building Design Standards: Qualifying
projects shall incorporate building masses
and details that include visual variety and
coherence of form. This section provides
standards related to buildings such as
massing and articulation, roof treatments,
colors and materials, and mixed-use ground
floor treatment. These standards apply
regardless of the architectural style of the
project.
Step 3: Review of Landscape Design
Standards: Many landscape design topics
are already integrated into the existing
zoning code, and references are provided
in the section along with a few additional
standards focused on drought-tolerant
planting and water-retaining landscapes.
Step 4: Review of Other Site and Building
Features Design Standards: Qualifying
projects will need to adhere to the details
of common site features, including
mailboxes, walls and hedges, lighting,
and utilities. The final section provides
standards for these project elements.

B. ORGANIZATION
The ODS draw from, and complement, existing
City of Downey Zoning Code and Single-Family
Residential Design Guidelines, new actions
associated with the City’s housing element
implementation efforts, and general research
on best practices for the creation of ODS. The
ODS are organized with a Preamble, Purpose
and Applicability and four Design Standards
sections:
Site Design Standards
Architecture and Building Design Standards
Landscape Design Standards
Other Site and Building Feature Design
Standards
The preamble provides an introduction, and
the purpose outlines the high-level goals of the
ODS and the desired outcomes. The applicability
describes project types that these standards
will apply to. Within each design standards
section, subsections organize one or more
design standards that will provide specific
design guidance. Finally, several appendices are
included to provide supplementary information
(definitions) and tools for implementation
(checklist).

Senate Bill 330 (SB 330 2019) – Housing Crisis
Act of 2019: This statute seeks to increase
residential unit development, protect existing
housing inventory, and expedite permitting
processing. The law provides:
A project does not need to be subject to
ministerial review, but only ODS may be
used to review projects
ODS requirements apply to market-rate
projects
Time limits apply to review, and no more
than five hearings are allowed
New local laws cannot obstruct housing
production
Other relevant housing laws working to further
housing creation include:
Senate Bill 6 (SB 6 2023): Sites within
office, retail, or parking zones
Assembly Bill 2011 (AB 2011 2023): Sites
within office, retail, or parking zones
Assembly Bill 2243 (AB 2243 2024):

Further allow housing development
projects in commercial zones
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 9 02 PURPOSE AND APPLICABILITY02

PURPOSE AND

APPLICABILITY
A. PURPOSE
The ODS are intended to maintain high-quality
site planning and building architecture for
qualifying residential projects, with a goal of
integrating new residential development into the
existing community fabric.

The standards are prepared to facilitate
development in a manner that conforms to
stated community design priorities with the aim
of reducing barriers to housing development
by accelerating housing production through
the clear communication of design objectives
and streamlined review for qualifying housing
projects.

These ODS are established to:
Provide clear, objective, and measurable
standards for qualifying multi-family
and residential mixed-use development
throughout the City
Streamline the review of qualifying
multi-family and residential mixed-use
development projects to address housing
needs of all income levels
Ensure that pedestrian movement and
experiences are considered in the massing,
placement, and design of new development
Maintain and enhance Downey’s character
through the built environment
Ensure new development fits contextually
into surrounding neighborhoods by
incorporating quality design through
standards for building massing, detailing,
articulation, and materials/colors
B. APPLICABILITY
The ODS set forth in this document apply to new
qualifying multi-family development, residential
mixed-use development, and additions to multi-
family and residential mixed-use development
pursuant to any provision of state law which
references ODS, including but not limited to
Government Code Section 65589.5 (Housing
Accountability Act) and Section 65913.4, as may
be amended from time to time.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 10 11

PURPOSE AND APPLICABILITY PURPOSE AND APPLICABILITY
D. REVIEW PROCESS, DEVIATION

FROM STANDARDS, AND

ALTERNATIVE REVIEW PROCESS
Two types of review are available for qualifying
multi-family residential and mixed-use
development applications:

Compliance with Code Review:
Streamlined Ministerial Review1:

Applications submitting under SB 35,
AB 2011, or other State laws authorizing
streamlined ministerial review that fully
comply with this ODS document require a
Building Permit in accordance with DMC
Section 8999.28.
Other Code Compliance Review: For
all other projects that fully comply with this
ODS document, prior to plan check,
applicants must obtain an Administrative
Permit: HOU-1 and HOU-2 Zones to confirm
compliance with design standards and
facilitate the approval process.
Ch. 3: Zones and Standards (Sec. 9312
Residential Zones)
Ch. 3: Zones and Standards (Sec. 9316
Mixed-Use Zone)
Ch. 3: Zones and Standards (Sec. 9328
Housing Overlay Zones)
Ch. 5: Supplemental Regulations (Sec. 9520
Landscaping, Lighting, and Walls)
Graphics in this document are used to
illustrate the specific components identified
and may not necessarily capture all standards
of the document with the graphic. Graphics,
annotations, and captions shall not be construed
to represent standards that are not specifically
identified in the graphic and are illustrative for
conceptual purposes; the standards text shall
prevail.

For project applications that do not adhere to
these ODS, the applicant may elect an alternative
review process subject to the City’s discretionary
review process, applicable design guidelines, and
General Plan policies and goals. Projects afforded
concessions, waivers, or other density bonuses
under the State Density Bonus Law (Government
Code Section 65915) and projects subject to
Government Code Section 65913 or any other
applicable state law may still use the ODS or
elect to utilize the City’s discretionary design
review process.

C. ANTICIPATED BUILDING TYPE BY
HEIGHT
The ODS are structured to address buildings
that are up to 35 feet in height. Buildings of up
to three stories are anticipated based on typical
approaches using contemporary construction
techniques. The applicable zoning district and
any overlay zoning district shall dictate the
maximum allowed building height.

For the purposes of this ODS document, the
following are defined to be “qualifying multi-
family development, residential mixed-use
development, and additions to multi-family and
residential mixed-use development”:
Multi-family Development: Any residential
development containing two or more
independent residential living units, except
accessory dwelling units and Two-unit
Projects subject to Downey Municipal Code
Section 9312.08 (c).
Residential Mixed-use Development:

Any development project consisting of a
residential use combined with a permitted
nonresidential use in which the residential
component accounts for two-third or more
of the gross floor area of the development.
Additions to Multi-family and Residential
Mixed-use Development: All new
construction and additions to multi-family
and residential mixed-use developments,
including modifications or expansions
that increase building footprint, height, or
dwelling unit count.

The ODS apply to private development projects
on private property. The ODS may work in
conjunction with adopted City of Downey
documents that regulate use of and required
improvements to public property abutting a
development site.

These ODS are additive to the requirements of
the zone in which a development site is located,
as specified in Downey Municipal Code Article IX
(Land Use) or any other applicable provisions of
the Downey Municipal Code, including but not
limited to the sections identified below.

In the event of conflict, the provisions of the
Downey Municipal Code shall apply. Several
relevant chapters include:

Up to 35 feet/3 stories. Three-story Building
(examples/proposed)
Up to 35 feet/3 stories. Two-story Building
(example/proposed)
Alternative Review Process: Projects that do
not adhere to these ODS will be subject to the
City’s discretionary review process (Site Plan
Review by the Planning Commission), applicable
design guidelines, and General Plan policies and
goals. Projects afford concessions or waivers,
under the State Density Bonus Law (Government
Code Section 65915) and projects subject to
Senate Bill 35 (Government Code Section 65913)
or any other applicable State Law, may still use
the ODS or elect to utilize the City’s discretionary
design review process.
1Tribal Consultation: Any residential or mixed use project proposed in the Housing Overlay 2 shall complete tribal consultation identical to notification procedures under Assembly Bill 52 (AB 52) prior to the issuance of any
Building Permit.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 13 03 SITE DESIGN STANDARDS03

SITE DESIGN

STANDARDS
A. BUILDING ORIENTATION

1.Entry to Public Street: Front entries shall be
oriented towards the adjacent public street for
those building portions adjacent to a street.

2.Entry to Public Streets: Structures that face
two public streets shall provide an entrance
along each street, or a single corner entrance.

3.Multiple Residential Entries to Public Streets:

In the case of multiple individual ground floor
residential entries, direct pedestrian access
shall be provided for each building entry to
public streets or pedestrian pathways.

4.Entry from Interior Lot Area: For buildings
that do not abut a public street, entries shall
be oriented toward common areas or private
interior driveways or streets, as applicable.

B. PEDESTRIAN ACCESS AND

ACCOMMODATIONS

1.Internal Circulation: Pedestrian walkways
shall connect all building entrances,
automobile and bicycle parking areas, open
space areas, and pedestrian amenities.

2.Public Pedestrian Network: On-site walkways
shall connect to the public sidewalk and other
planned or existing pedestrian routes. An
on-site walkway shall connect the primary
building entry or entries to a public sidewalk
on each street frontage.

3.Pedestrian Walkway Design: On-
site walkways shall have the following
characteristics:
Minimum of five feet wide, unless
accommodating a tree’s root system
Hardscape materials consisting of ADA-
compliant concrete, stone, tile, brick, and/or
permeable pavers
Pedestrian Walkway Design
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 14 15

SITE PLANNING AND DESIGN STANDARDS SITE PLANNING AND DESIGN STANDARDS

5. Garage Door Orientation: For individual
dwelling units, garage doors for individual
dwelling units shall be orientated away from a
public street with a classification of Collector
Street or higher, with the exception of
entrances to parking structures.

6. Parking Structure Screening: Parking
structures shall be screened with landscaping
in front, side, and rear yards.

7. Alley Access Parking: If available, alley access
shall be utilized for garage and parking
structure entries.

D. OPEN SPACE LOCATION AND

IMPROVEMENTS

1. Usable Open Space Characteristics,
Private: Private usable open space areas
shall be provided per unit in accordance with
provisions of the applicable zoning district
and shall use at least one of the building
elements:
Balconies
Decks
Patios
Fenced Yards

2. Usable Open Space Characteristics,
Common: Common usable open space
areas shall be provided in accordance with
provisions of the applicable zoning district
and shall consist of at least two of the
following
Courtyards including landscaping
Patios
Swimming pool
Barbecue areas
Playgrounds
Indoor recreation space such as a gym

3. Courtyards, Characteristics: Courtyard
entries shall have the following characteristics:
Include landscape
Provide access to an entry

4. Courtyards, Minimum Dimension: Courtyards
shall be a minimum of 20 feet in every
horizontal dimension.

5. Rooftop Open Space, Characteristics:

Rooftop open space amenities, where
provided, shall have the following
characteristics:
A minimum of 20 percent of the roof area
is occupied by a green roof, except for any
project with a minimum of 21 percent of
affordable units
Include screening of rooftop mechanical
equipment
Locate landscaping away from highly
glazed areas for bird safety

6. Minimum Rooftop Open Space Dimension:

A rooftop open space amenity shall be a
minimum of 20 feet in every horizontal
direction.

C. PARKING, BICYCLE PARKING,

ACCESS, AND DRIVEWAYS

1. Surface Parking Location: Surface parking
lots shall be located behind the front wall of
the building and not visible from the adjacent
public street or pedestrian ways. Visibility
from an adjacent alley is allowed.

2. Surface Parking Lot Screening: Surface
parking lots shall be consistent with DMC Sec.
9520.08 (General Wall, Fence, and Hedge
Regulations) and screened by site elements
that are a minimum of 30 inches tall using at
least one of the following approaches:
Landscaped berms
Shrub materials (boxwood hedge or similar
dense shrub)
Trellis with landscape material
Decorative block solid wall with landscape
planting

3. Bicycle Parking, Short Term: If short-term
bicycle parking is provided, it shall be located
in the side or back yard, or enclosed.

4. Bicycle Parking, Long Term: If long-term
bicycle facilities are provided, they shall
consist of bicycle lockers in the side or back
yard or an enclosed bicycle room with key.

A.1 Entry to Public Street
A.3 Multiple Residential Entries to Public Streets
B.1 Internal Circulation
B.2 Public Pedestrian Network
B.3 Pedestrian Walkway Design
Garage Door Orientation away from a Public Street
1 2
3 4
5 2
1 4 4
5 3
2 2
Public Street
Private Street
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 16 17

SITE PLANNING AND DESIGN STANDARDS SITE PLANNING AND DESIGN STANDARDS Shall be fully screened from public view
with landscaping and fencing/walls
consistent with DMC (Sec. 9520.08 General
Wall, Fence, and Hedge Regulations)
and following operating and clearance
requirements by Southern California Edison.

5. Ground-mounted solar energy systems:

Systems shall be encouraged and shall be
located out of view of public streets. In no
event shall any of the approaches conflict with
the intent of the implementation of statewide
standards (Government Code Section
65850.5a) to achieve timely and cost-effective
installation of solar energy systems. Such
systems shall be:
Allowed to be located behind a building
Allowed to be located beside a building
E. SERVICE AREAS AND LOADING

1. Driveways, consolidated: Driveways shall be
consolidated for both multi-unit residential
and mixed-use developments, with the
exception of driveways providing access to
a individual unit, such as for a townhouse
or small-lot single-family residential
development.

2. Driveways, location: Where a development
site abuts a local street or alley, driveways
shall be located on such street or alley and not
on a major street.

3. Loading, hidden and screened: Loading areas
for the commercial components of mixed-use
developments shall be hidden from view from
any public street and pedestrian way and shall
be screened or enclosed consistent with DMC
Sec. 9520.08 (General Wall, Fence, and Hedge
Regulations).

4. Utility Equipment Location: Utility equipment
on public or private property shall be located
below ground unless impractical due to the
presence of tree roots or other underground
utilities, as affirmed by the Community
Development Director or designee. When
utility equipment is placed above ground, all
the following standards shall apply:
Shall not be placed within any required
private or common open space area
Shall not be placed within any pedestrian or
vehicular circulation area
Shall not be placed within any required
setback area
Shall be placed within a structure
Shall be painted or otherwise finished with
a neutral color 8’6’3’3’3’8’
Courtyards and Playgrounds
Barbeque Areas
Turf
D.2 Useable Open Space Characteristics, Common
D.3 Courtyards, Characteristics
D.4 Courtyards, Minimum Dimensions
1 2
3 Prohibited from being located within the
required setback of the zoning district
Prohibited from being located within any
required open space area

6. Electric Vehicle Charging Stations: The
approaches shall be consistent with the
standards codified in DMC Section 8986
(Electric Vehicle Charging Systems).

FRONT
Transformers are a critical part of SCE’s electrical
system. It is mandatory that when landscaping
around transformers, the following operating and
clearance requirements are maintained as shown in
the figure.
1 1
1 1
2 2
2 2 2
2 2
3 Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 19 04 ARCHITECTURE AND BUILDING DESIGN STANDARDS04

ARCHITECTURE AND

BUILDING DESIGN STANDARDS
A. MASSING AND ARTICULATION

1. Maximum Massing Length, Primary Street:

Building mass shall have a wall depth change
at a maximum of every 30 feet in length along
building walls facing any public or private
street. The dimension of the wall depth
change shall be a minimum of 18 inches.

2. Maximum Massing Length, All Directions:

The approaches shall be consistent with the
standards codified in DMC Section 9312.08
(b)(5)(ii) (Residential Zones Property
Development Standards).

3. Stepback Minimum Depth, Public Street:

For buildings over three stories in height,
for that building frontage facing a public
street, any story above the third story shall be
horizontally stepped back from the vertical
building face a minimum of six feet on the
top floor of the public street-facing building
wall. If a balcony or outdoor deck is provided,
guardrails shall have a maximum height of 50
inches and a minimum transparency of 80
percent.

4. Stepback Minimum Depth, Transitions:
For buildings over two stories in height,
any story above the second story shall be
horizontally stepped back from the vertical
building face a minimum of six feet.
For any building over two stories abutting
an R-1 residential zoning district and where
such building wall is within 10 feet of theA.1 Maximum Massing Length, Primary Street Max. 30’
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 20 21

ARCHITECTURE AND BUILDING DESIGN STANDARDS ARCHITECTURE AND BUILDING DESIGN STANDARDS lot line, any story above the second story
shall be horizontally stepped back from the
vertical building wall a minimum of 12 feet.
If a balcony is provided, guardrails shall
have a maximum height of 50 inches and a
minimum transparency of 80 percent.

6. Building Volume Articulation: Buildings shall
incorporate at least three types of building volumes
and building elements with depth.
Roof projections including roof eaves, overhangs,
or roof cornices at a minimum of 12 inches in
depth
Balconies or porches at a minimum of 24 inches
in depth
Box or bay windows at a minimum of 12 inches in
depth
Horizontal cornice at a minimum of four inches
depth
Window recesses and edges, including trim and
reveals at a minimum three inches in depth

5. Ground Floor Differentiation: Buildings
shall have a distinct ground floor and upper
floors, but in no event shall any of approaches
conflict with the intent of the implementation
of the California Building Code.
The base shall be differentiated through
the presence of entrances, windows, and/
or durable, low-maintenance materials
building materials such as brick, stone, or
brick or stone veneer. The ground floor will
have a minimum of 30 percent openings
facing public streets.
The upper floors of the building shall be
differentiated through the presence of
window, balconies, and/or contrasting
colors. The upper floors will have a
minimum of 20 percent openings facing
public streets.

A.3 Step Back Minimum Depth, Public Street
A.5 Ground Floor Differentiation
A.4 Step Back Minimum Depth, Transitions

7. Undifferentiated Garage Doors: Three or
more garage doors in a row that form a plane
shall be articulated using at least two of the
following approaches:
Recessing the doors a minimum of three
feet
Protrusion of a deck
Adding trees, shrubs, and grass
Include raised areas of planting
Floor 1
Floor 2
Floor 3
Min 6”
A.6 Building Volume Articulation: Roof Projections
A.6 Building Volume Articulation: Balconies
A.6 Building Volume Articulation: Horizontal Cornice
A.6 Building Volume Articulation: Window Recess and Edges 1 2
3 4
1 1
2 2
2 4
3 4
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 22 23

ARCHITECTURE AND BUILDING DESIGN STANDARDS ARCHITECTURE AND BUILDING DESIGN STANDARDS C. ENTRANCES, WINDOWS, DOORS

1. Shared Residential Entry: A lobby or
common building entrance shall include all the
following design elements, with no projections
intruding into building setback areas:
Recessed or covered doorway, minimum
five feet in depth
Doorway of a minimum area of 50 square
feet
Ceiling height with a minimum of 10 feet
clearance

2. Individual Residential Entry: Residential
entries shall include at least two of the
following entry design approaches:
Recessed opening, minimum of three feet
in depth
Porch providing sheltered but not enclosed
forecourt
Entry window
Decorative supports
Exposed beams
Projecting elements above or awning

3. Non-Residential Entry: Non-residential entries
for mixed-use projects shall incorporate
at least two of the following entry design
approaches:
Recessed doors or cased openings,
minimum of four feet in depth
Increased transparency of material to that
of the wall plane
Accentuating color
Projecting elements above or awning

4. Reflective Glass: Glass shall have a maximum
of 20 percent reflectance.

5. Bird-Safe Glass: Window glass shall have
contrasting elements visible to birds at a
minimum of two inches horizontally and four
inches vertically.

6. Window Trim: Windows trim shall surround
each window and be protruding at least three
inches in depth.

8. Building Surface Articulation: Continuous
wall surfaces shall be articulated using at least
two siding patterns of the following type:
Window/Openings
Protrusions/Recesses
Shutters/Fins
Panels
Clapboard
Board and Batton
Shingles
Corrugation

9. Wall Surface Maximum Undifferentiated
Area: Blank walls shall be not more than 20
feet by 30 feet in area on any side of the
building and may include artwork to decorate
the surface, including bas relief, mosaic, or
textured tile.

10. The building treatment approaches shall be
consistent with the standards in DMC
Section 9312.08 (Residential Zones
Property Development Standards, (17) 360°
Architectural Design).

B. ROOF TREATMENT

1. Gabled Roof Minimum Slope: If a project has
a gabled roof form, it shall be of a moderate
pitch with a maximum slope of 3:12 (1:4).

2. Flat Roofs Screened: If a project has a flat
roof, any roof surface that is 40 feet in length
or more in any direction shall include a
parapet(s).

3. Roof Surface Variation: For pitched roofs,
at least one type of the following roof
elements shall be included for any roof over
20 feet in length or more. The selected roof
element shall be consistent with the building’s
architectural style.
Dormer
Cross gable (gable end)
Secondary roof form accompanied by plan
offsets
A.7 Undifferentiated Garage Doors
B.3 Dormer Roof
B.3 Cross Gable (Gable End)
B.3 Secondary Roof Form
C.2 Individual Residential Entry
C.1 Shared Residential Entry
360-Degree Architectural Design:

Dormer Roof
Cross Gable Roof
Secondary Roof Form
1 1
1 Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 24 25

ARCHITECTURE AND BUILDING DESIGN STANDARDS ARCHITECTURE AND BUILDING DESIGN STANDARDS

6. Window Sash: For double-hung and
horizontal sliding windows, at least one sash
shall be two inches in depth.

7. Windowpane Detail: Windows shall have
mullions that define a pattern of window
lights.

8. Door Trim: Door trim shall surround the entry
opening and be protruding at least three
inches in depth.

9. Garage Door Detail. Garage doors from
individual residential units on the ground floor
shall include detailing for aesthetics using
the same as the architectural style of the
building by using at least one of the following
approaches:
Windows, including faux, patterned, or real
windows
Decorative panel design
C.3 Non-Residential Entry, C.5 Bird Safe Glass
C.9 Garage Door Detail
D. MATERIALS

1. Material Variety: A combination of at least
three different materials and/or colors shall be
used on each building elevation, inclusive of
trim.

2. Allowed Building Materials: Materials
included in the table are either permitted or
prohibited

3. Emerging Materials: The Community
Development Director shall maintain a list of
approved and prohibited materials as new
materials become available for use in buildings
and/or fencing.

4. Material Quality: All materials shall allow for
long-term durability and appearance. Exterior
wall finishes shall have a minimum durability
rating of at least 25 years and exterior roofing
materials 30 years, as indicated on the
manufacturer’s specifications.
*Green Building Materials
BUILDING WALL MATERIAL DESCRIPTION ALLOWED?
Wood, Layer Siding, Engineered Yes
Wood, Finish Finished Layer Yes
Wood, Laminated*Mass Timber Yes
Fiber-Reinforced Cement Siding and Panels Yes
Stone Masonry or Veneer Yes
Brick Masonry or Veneer Yes
Stucco Finished Layer Yes
EIFS Exterior Insulating Finishing System No
Foam Exterior Trim No
Vinyl Siding or Window Mullions No
Plywood T1-11 No
Aluminum Siding No
ROOFING MATERIAL DESCRIPTION ALLOWED?
Composition Roofing Asphalt, fiberglass, mineral mixture Yes Clay, Concrete, Slate Tile systems Yes
Green Roof*Regional planting and growing media Yes
EPDM White Roof*White rubberized synthetic membrane Yes Standing Seam Metal Metal NoD.1 Material Variety
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 26 27

ARCHITECTURE AND BUILDING DESIGN STANDARDS ARCHITECTURE AND BUILDING DESIGN STANDARDS

5. Green Building Materials: Green building
materials shall be used in 50 percent of the
building’s exterior construction. Materials
considered green will have at least one of the
following properties:
Certified as Zero or Low Volatile Organic
Compounds (VOC) per CalGreen (or other:

Whole Building Design Guide https://
www.wbdg.org/; Building Green Product
Database https://www.buildinggreen.com/
product-guidance)
Qualify as rapidly renewable in that they
can be harvested in 10 years
Show to be salvaged from the existing site,
unless unsafe for human contact
Produced within local areas up to 500 miles
away from the project location
Include a recycled content of 80 percent or
above
E. COLORS

1. Color Palette: A palette of color shall be
required for all buildings projects and shall
be submitted to the City to demonstrate
consistency with the ODS. The paint
manufacturer/brand, name and number
for each paint color used, as well as the
hexadecimal color code or RGB color numbers
shall be provided for each.

2. Required Color: All color palettes shall include
at least one earthtone color as a primary color.

3. Color Variety: A combination of at least three
different colors and/or materials shall be used
on each building elevation, inclusive of trim.

4. Roof Color: Roofing materials shall be within
the gray, brown, or terracotta family of colors.

Green roofs shall be allowed in all areas. The
areas not visible from the public right-of-way,
particularly flat roofs, shall be white or a light
color.

5. Prohibited Color: Neon and/or florescent
colors are prohibited.

F. PARKING STRUCTURES

1. Active Frontage Minimum: For mixed-
use buildings, a structured parking facility
integrated into the building and located along
a public street shall have greater than 50
percent of that frontage consisting of active
uses, as defined in this document.

2. Integrated Parking Structure, Screening:

For mixed-use and multi-family residential
buildings, any structured parking facility
integrated into the building and located along
or facing a public street and where parking
would be visible shall either be:
Enclosed
Ground-level screening consisting of
decorative metal grates and/or evergreen
landscaping and consistent with DMC
Section 9520.08 (General Wall, Fence, and
Hedge Regulations).

3. Stand-Alone Parking Structure, Screening:

Any stand-alone parking structure located
along or facing a public right-of-way shall be
consistent with DMC Section 9520.08 (General
Wall, Fence, and Hedge Regulations) and
include at least one of the following screening
approaches:
Decorative metal screening, including grills
or vertical slats
Evergreen landscape screening, consisting
of species covering at least the first two
stories of the parking structure at two years
of maturity
Artwork, including bas relief, mosaic, or
textured tiles
G. MIXED-USE FIRST FLOOR

STREET FRONTAGE

1. Ground Floor Height Minimum: For ground
floor commercial spaces shall appear taller
than typical residential floors, the ground floor
used for commercial uses (retail, education,
public assembly) shall be at least 16 feet from
grade to apparent top of floor.

2. Ground Floor Transparency, Public Streets:

Ground floors with non-residential uses that
have walls facing public streets or pedestrian
plazas shall have windows or openings
for at least 40 percent of the ground floor
commercial wall area.

3. Ground Floor Transparency, Private Streets
and Ways: For ground floors with non-
residential uses that have walls facing public
streets or pedestrian plazas, at least 40
percent of the ground floor commercial wall
area shall have windows or openings.

4. Depth of Windows: A minimum of 80 percent
of windows shall be inset a minimum of three
inches from the face of trim (or wall if there is
no trim) to face of glass.

5. Shading Approaches: To minimize solar heat
gain on west or southwest facing exteriors
building walls, projects will use at least one of
the following shading approaches:
Arcades
Trellises
Awnings, fixed, or movable
Vertical and horizontal projection, including
cantilever or balconies

6. Multiple Tenant Entries, Public Streets: All
retail tenants on the ground floor facing a
public street shall have a direct pedestrian
entry connection to the sidewalk along the
street so that multiple entries at the ground
floor face onto the primary street.

A.5 Ground Floor Differentiation
C.3 Non-Residential Entry
C.4 Reflective Glass
G.1 Ground Floor Height Minimum
G.3 Ground Floor Transparency, Private Streets and Ways 1 2
3 4
5 Pedestrian Plaza
1 1 2
43 3
5 5
2 1
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 28 29

ARCHITECTURE AND BUILDING DESIGN STANDARDS ARCHITECTURE AND BUILDING DESIGN STANDARDS

10. The street level shall include signage using a maximum of two sign
types:
Awning signage
Blade signage
Wall signage
Window signage and/or display

7. Large Commercial Tenants, Public Streets:

Where a commercial tenant occupies a space
over 20,000 gross square feet, additional
articulation at the ground floor of the
commercial space shall occur at a minimum
of 30 feet using at least two of the following
approaches:
Changes in wall plane of a minimum of 24
inches (either inset or protruding)
Window openings that are recessed or
protruding a minimum of six inches
Wall trims, projections, and reveals along
different levels of wall surfaces a minimum
of four inches

8. Ground Floor Level of Detail: Building walls
that face a public street or pedestrian walkway
shall include pedestrian-scale detailing using
at least two of the following approaches:
Reveals, for example an edge or space
where the wall plane changes
Belt courses, for example a change in
orientation in masonry
Cornices
Expression of structural or architectural
bays
Recessed doors
Material or materials module changes
Color and/or texture differences
Mullions of a minimum of four inches in
depth
Porticos

9. Ground Floor Material Expression: The
ground floor shall be expressed using at
least one of the following different, low
maintenance materials
Stone
Cast stone
Brick
Board-formed concrete
G.7 Large Commercial Tenants, Public Streets
G.10 Street Signage: Awnings
G.6 Multiple Tenant Entries, Public Streets,
G.10 Street Signage
Street-level Signage:

G.1 Ground Floor Height Minimum
C.3 Non-Residential Entry
A.6 Building Volume Articulation
G.2 Ground Floor Transparency, Public Streets
1 2
3 4
4 Public Street
1 1
1 3
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 31 05 LANSCAPE DESIGN STANDARDS05

LANDSCAPE DESIGN

STANDARDS
A. LANDSCAPE GENERAL

STANDARDS
The approaches shall be consistent with the
standards codified in DMC Section 9520.04
(Landscape Requirements).

B. PARKING LOT LANDSCAPING
The approaches shall be consistent with the
standards codified DMC Section 9520.04
(Landscape Requirements)
C. DROUGHT-TOLERANT PLANTING
If areas of lawn are proposed, these areas shall
be planted per the City of Downy’s Drought-
Tolerant Landscaping Guide with the following
conditions:
Other drought-tolerant plants may be
proposed, but they shall be identified by
a nursery as approved for use in drought
tolerance.
Drought-tolerant planting shall be planted
so that within two months of growth no dirt
or bark shall be visible.

D.WATER-RETAINING LANDSCAPE

FEATURES
Landscape materials that retain water onsite shall
be included. A project shall include two of the
following elements:
Shrubs and trees
A bioswale, vegetated stormwater facilities
or other infiltration planters
Underground rainwater collection systems
of either a rain barrel, water storage or
rainwater harvesting tank
E. SYNTHETIC TURF
The approaches shall be consistent with the
standards codified DMC Section 9520.04
(Landscape Requirements).

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 33 06 OTHER SITE AND BUILDING FEATURES DESIGN STANDARDS06

OTHER SITE AND BUILDING

FEATURES DESIGN STANDARDS
A. WALLS, FENCES AND HEDGES
The approaches shall be consistent with the
standards codified in DMC Section 9520.08
(General Wall, Fence, and Hedge Requirements).

B. MAILBOXES AND TRASH

RECEPTACLES

1. Mailbox, Placement Near Entry: Mailboxes
shall be placed either at an onsite location
adjacent to front yard open space for ground-
floor units that have direct pedestrian
access from the street or incorporated into
a common area for all remaining upper floor
unit residents.

2. Mailbox, Mixed-Use: In mixed-use
developments, separate secure mailbox
and package delivery/pick-up areas shall be
provided for the residential and commercial
components of a project.

3. Trash, Minimum Distance: All trash enclosures
shall be located a minimum of 20 feet away
from any pedestrian path and/or driveway or
adjacent property zoned for residential use.

4. Trash, Screening: Trash shall be screened in a
manner consistent with DMC Section 9528.04
(Development Requirements).

5. Trash, Prohibited Locations: Trash enclosures
are prohibited within any front yard, street
side yard, parking spaces, required landscaped
area, or open space areas.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 34 35

OTHER SITE AND BUILDING FEATURES DESIGN STANDARDS OTHER SITE AND BUILDING FEATURES DESIGN STANDARDS C. OUTDOOR LIGHTING

1. Outdoor Commonly Accessible Area
Lighting: Outdoor lighting provided and
maintained for all walkways, off-street parking
areas and driveways, storage or solid waste
areas, or other areas commonly accessible
or used by tenants shall have the following
characteristics:
lluminated within a range of one to five
foot-candle to promote safety and limit
light pollution
Downward directed and shielded to be
full cut-off and prevent light spillover onto
adjacent streets or abutting property

2. Outdoor Lighting Prohibited: Direct
lighting of any street or abutting property is
prohibited.

Downward Directed Light
Downward Directed Light
D. UTILITIES AND MECHANICAL

EQUIPMENT

1. Mechanical Roof Equipment: Roof-mounted
mechanical roof equipment shall be:
Screened from view from public streets
or pedestrian ways consistent with DMC
Section 9504 (Air Conditioning, Mechanical
Roof and Utility Equipment)
Operated in compliance with DMC Section
4606 (Noise Regulations)

2. Building Integrated Solar Equipment:

Photovoltaic (PV) panels shall be encouraged
and shall be integrated into the design of
a building using a minimum of one of the
following approaches. In no event shall any
of the approaches conflict with the intent of
the implementation of statewide standards
(Government Code Section 65850.5a) to
achieve timely and cost-effective installation
of solar energy systems.
Same slope as the primary roof form
Same size and shape as solar tiles for
building roofs or walls
A low level of contrast in color between
the solar panel and roofing material, up
to 10 percent difference between the
two (Encycolopedia.com used for color
standard)
Screening of Roof-Mounted Equipment
Building Integrated Solar Equipment
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 37APPENDIXA

DEFINITIONS
Certain terms used in DMC Article IX (Land Use)
and this ODS document are defined here and
shall be construed as defined in this section,
unless otherwise expressly stated or the context
clearly indicates a different intention. Words
and phrases used in this document that are not
specifically defined shall be construed according
to the context and approved usage of the
language, and as ultimately determined by the
Community Development Director or designee.

Each definition shall also include the following
interpretations for usage. Words used in the
present tense shall include the future and the
future tense shall include the present; words
in the singular number shall include the plural
number and words in the plural number shall
include the singular number. Words indicating
one gender include the other gender. The words
“shall” and “will” are always mandatory. The
words “may” and “can” are permissive.

DEFINITIONS “A.”
Abut or Abutting. Having a common border,
boundary point, or lot line. Same as “Adjoining”
and “Contiguous.”
Accessory Dwelling Unit or “ADU”. An attached
or a detached Residential dwelling unit, which
provides complete independent living facilities
for one or more persons and includes permanent
provisions for living, sleeping, eating, cooking,
and sanitation on the same parcel as the single-
family dwelling unit it is accessory to, and is
located on a fixed or permanent foundation. The
term “ADU” captures and supersedes the terms
“Second Unit Developments” under the Municipal
Code and any adopted Development Code of a
Specific Plan or Community Plan.

Adjacent. Lying near or close to within 100 feet,
including across a street or alley.

Adjoining. See “Abut or Abutting.”
Alley. A public right-of-way, other than a street,
which affords a secondary means of access to
abutting property as determined by the City
Engineer or designee.

Arcade, Architectural. A roofed passageway or
lane, typically with shops located on one or both
sides.

Articulation, Architecture. The process of
breaking up a building’s form and surface, using
formal elements (joints, materials, color, texture,
pattern, modulation, etc.). The articulation of a
building reveals how the parts fit into the whole
by emphasizing each part separately.

Attached. Joined to or by a wall, especially
by sharing a wall with another building; not
freestanding.

Attic. An unfinished space between the top floor
of a structure and the roof. The attic shall only
be used for storage or to contain mechanical
equipment.

Awning. A roof-like structure, often made of
canvas or plastic, that serves as a shelter, as over
a storefront, window, door, or deck. otective
roof-like covering, often of canvas, mounted on
a frame over a walkway or door or niche; often
referred to as an awning.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 38 39

APPENDIX APPENDIX
DEFINITIONS “B.”
Balcony. An unenclosed area either recessed or
projected from the walls of a building. Balconies
are 30 inches or more above grade, are attached
to and supported primarily by the exterior wall
of the building, are accessible from the building’s
interior, and are unenclosed on one or more
sides except for a railing or parapet that is not
greater than 60 inches high. A balcony is not an
accessory structure.

Bioswale. An LID BMP consisting of a shallow
channel lined with grass or other dense, low-
growing vegetation. Bioswales are designed
to collect stormwater runoff and to achieve a
uniform sheet flow through the dense vegetation
for a period of several minutes.

Board and Batten. A form of sheathing for
wood frame buildings consisting of wide boards,
usually placed vertically, whose joints are
covered by narrow strips of wood over joints or
cracks.

DEFINITIONS “C.”
Carport. A permanent roofed structure, having
not more than three enclosed sides, used as an
automobile shelter. Ancillary enclosed storage
areas may be included.

Contiguous: The same as “Abut” or “Abutting.”
Coping (Cap). A flat cover of stone or brick that
protects the top of a wall.

Cornice. The projection at the top of a wall or
part of a roof which projects over the side wall.

Court or Courtyard. An open, unoccupied space
with no roof or cover, other than a required front,
side, or rear yard, on the same lot with a building
or buildings and which is bounded on two or
more sides by such building or buildings.

DEFINITIONS “D.”
Decorative Masonry Wall. A masonry wall
incorporating architectural relief from a flat
surface.

Detached. Standing apart from others; separate
or disconnected.

Detail. An element of a building such as trim,
moldings, other ornamentation or decorative
features.

Dormer. A window that protrudes out of a
sloping roof, typically from a second story. Main
dwelling typically utilizes one roof covering both
the first and second story.

Dwelling, Duplex. A building designed
exclusively for occupancy by two families living
independently of each other and containing
two attached dwelling units, excludes accessory
dwelling units.

Dwelling, Multiple-Family. A building that
contains three or more dwelling units that share
common walls or floor/ceilings. The land under
the building or units is not divided into separate
lots. The units may have separate or joint
entrances, and typically have common parking
and open space areas.

Dwelling, Townhouse. An arrangement of
single-family dwellings, joined by common walls
on not more than two sides, with the uppermost
story being a portion of the same dwelling
located directly beneath at the grade of the
first-floor level, and having exclusive individual
ownership and occupant rights of each dwelling
unit, including, but not limited to, the land area
directly beneath such dwelling.

DEFINITIONS “E.”
Eave. The lower edge or thickness of a roof that
overhangs and extends beyond the exterior
perimeter wall of a structure.

Elevation (Building). A drawing showing the
elements of the exterior of a building as a direct
projection to a vertical plane.

DEFINITIONS “F.”
Façade. The major width of any exterior
elevation of a building, extending from the grade
to the top of the parapet wall or eaves, that is
parallel to a street property line.

Façade Fascia. That portion of a separate
exterior elevation of a building extending from
above the door or window line to the top of the
parapet wall or eave and the entire width of the
building elevation parallel to the street property
line.

Faux. A simulation or false representation of
something else, as in faux wood or stone.

Fenestration. The stylistic arrangement of
windows in a building.

DEFINITIONS “G.”
Gable, Roof. The generally triangular section of
wall at the end of a pitched roof, occupying the
space between the two slopes of the roof.

Garage, Private. A fully enclosed detached
accessory building or portion of a main building,
enclosed on all four sides and designed and used
for the shelter or storage of automobiles, which
provides the required off-street automobile
storage space for the occupants of the premises.

Garage, Public. A building other than a private
garage used for the care, storage, repair, or
equipping of automobiles or where such vehicles
are kept for remuneration, hire, or sale.

Green Roof. An engineered roofing system that
allows for the propagation of rooftop vegetation
while maintaining the integrity of the underlying
roof structure and membrane, for the purpose of
retention of storm water, landscaping, or energy
conservation.

DEFINITIONS “H.”
Hip, Roof. The external angle formed by the
meeting of two sloping sides or skirts of a roof,
which have their wall plates running in different
directions.

DEFINITIONS “I.”
Independent Exterior Access. A door that
provides independent access to an ADU and
is located on the exterior façade of the ADU.

Independent exterior access must comply with
the minimum requirements of the Building Code.

DEFINITIONS “J.”
(Reserved)
DEFINITIONS “K.”
(Reserved)
DEFINITIONS “L.”
Landscaping. The planting and maintenance
of a combination of live plant materials, which
may include native or exotic trees, groundcover,
shrubs, vines, flowers, and lawn. Landscaping
may also include synthetic turf, a limited amount
of stones, permeable pavers, decomposed
granite, benches, ponds, and statuary.

Landscaping, Drought-tolerant. Landscaping
characterized by the use of vegetation that is
drought tolerant or requires low water use.

Loading Space, Off-Street. An off-street space
on the same lot with a use or building, for the
temporary parking of a vehicle while loading or
unloading merchandise or materials.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 40 41

APPENDIX APPENDIX
Low Impact Development (LID): Building and
landscape features designed to retain or filter
stormwater runoff.

DEFINITIONS “M.”
Main Building or Structure. See “Building, Main.”
Masonry Wall. A wall constructed with concrete
block, bricks, or stone.

Mass/Massing. The comprehensive bulk or three-
dimensional form of a building or portion of a
building as viewed from the exterior.

Mixed-Use Building. A structure containing both
residential and commercial uses (which may
include retail, restaurants, offices, services, and
similar uses deemed compatible with residential
uses). The commercial use or uses are typically
located on the ground floor of the structure with
the residential dwellings predominantly located
on the second or higher floors.

Mixed-Use Development. A project with both
residential and nonresidential uses located on the
same lot or site.

Mullion. The vertical member separating
adjacent windowpanes.

DEFINITIONS “N.”
(Reserved)
DEFINITIONS “O.”
Opaque Wall or Fence. A fence designed to
prevent all vision through to the other side.

Open Space. Land areas that are not occupied
by buildings, structures, parking areas, driveways,
streets, or alleys. Open space may include
land areas occupied by buildings or structures
specifically designed for recreation purposes
such as swimming pools and recreation
buildings.

Open Space, Common. Open space reserved
primarily for the enjoyment and recreational use
of all residents of a residential development, such
as a planned unit development, condominium,
or mixed-use development, and owned and
maintained by all residents, generally through a
homeowner’s association.

Open Space, Private. Open space located
adjacent to, and directly accessible from the
living room, family room, kitchen or dining room
of an individual dwelling unit that is designed,
maintained, and reserved exclusively for the use
of the residents of said unit
Open Space, Usable. An open area or
recreational facility that is designed and intended
to be used for outdoor living and/or recreation.

Opening. Any designed space or gap within
the structure’s exterior that allows access,
light, or ventilation. Openings include elements
such as doors, windows, and entryways. They
play a critical role in establishing the building’s
connection to the surrounding environment, both
visually and functionally.

Ornamental Fence. A fence, such as wrought
iron or other formed materials. Ornamental fence
does not include chain link, woven wire, and
similar products.

DEFINITIONS “P.”
Parapet. A low protective wall along the edge of
a raised structure such as a roof or balcony.

Patio, Enclosed. A covered freestanding or
attached level, paved or decked area enclosed
on all sides whose principal use shall be for
outdoor entertaining or recreation. A patio shall
be considered enclosed when surrounded by
a rail, wall, glass, plastic, or similar type barrier
taller than 42 inches on any side, excluding the
walls of an approved attached structure. An
enclosed patio is not used as a habitable room or
as a parking space for vehicles.

Pedestrian-Scaled. Designed to be accessible to
pedestrians, as opposed to automobiles.

Pitch. To set at a specified downward slant, i.e.
pitch the roof at a steep angle.

Porch. Architecturally appropriate one-story
covered elements projecting from, or recessed
into, a building leading towards the main
doorway.

Principal Structure. The primary structure(s)
within which is conducted the principal use of
the lot.

DEFINITIONS “Q.”
Qualifying Project. A project which is entitled
to the application of objective design guidelines
and streamlining under California Housing Laws
including, but not limited to HHA, SB 330, SB 35,
AB 2011.

DEFINITIONS “R.”
Right-of-Way. An area or strip of land, either
public or private, on which a right of surface
passage has been recorded. Thus, the right-
of-way shall include a public right-of-way, a
common lot containing a private street, or
other public or private right of surface passage
consistent with this definition.

Ridgeline. The peak of a sloped or pitched roof,
where two or more planes meet.

Roof. A structural covering over any portion
of a building or structure, including projections
beyond the walls or support of the building or
structure, which is permanently attached.

Roof, Flat. A roof nearly horizontal and level.

Roof, Gabled. A pitched roof having a gable at
each end.

Roof, Gambrel. A ridged roof with two slopes on
either side, the lower slope having the steeper
pitch. It is often flared beyond the front and rear
of the dwelling forming a deep overhang.

Roof, Hipped. A hipped (or hip) roof slopes
down to the eaves on all four sides. Although a
hipped roof is not gabled, it may have dormers
or connecting wings with gables.

Roof, Mansard. A mansard roof has two slopes
on each of the four sides. The lower slope is
steeper than the upper slope. Dormers are often
set in the lower slope. The upper slope is usually
not visible from the ground.

Roof, Shed. A roof shape having a single sloping
pane.

DEFINITIONS “S.”
Screen Planting. Landscaping, at least 30 inches
high, designed to screen or otherwise hide from
view certain elements of development, such as
parking lots, utility structures, and the like.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 42 43

APPENDIX APPENDIX
Setback Line, Front. The line that defines the
depth of the required front yard. Said setback
line shall be parallel with the street line, or
the line established by the General Plan, and
be removed therefrom by the perpendicular
distance prescribed for the front yard in the
zone.

Setback Line, Rear or Side.The line that defines
the width or depth of the required rear or side
yard. Said setback line shall be parallel with
the property line, removed therefrom by the
perpendicular distance prescribed for the yard
in the zone. Where the side or rear yard abuts
a street, the distance shall be measured as set
forth in “setback line, front.”
Setback, Street side. On a lot that abuts two or
more streets at their intersection, the line that
defines the width of the required side yard on
the street side. Said setback line shall be parallel
with the street line, removed therefrom by the
perpendicular distance prescribed for the yard in
the zone.

Shutter. A movable cover for a window used for
protection from weather and intruders.

Sidewalk. A paved walkway along the side of a
street.

Sill. The horizontal exterior member at the
bottom of a window or door opening, usually
sloped away from the bottom of the window or
door for drainage of water and overhanging the
wall below.

Site. A contiguous area of land, including a lot or
lots or a portion thereof, upon which a project is
developed or proposed for development.

Solar Energy System. Any solar collection or
other solar energy device, or any structural
design feature of a building whose primary
purpose is to provide for the collection, storage,
generation or distribution of solar energy for
space heating or cooling, water heating or power
generation.

Street. Any public right-of-way or private
recorded thoroughfare that affords a principal
means of access to an abutting lot (see “Alley”).

Street, Local. A public right-of-way or private
recorded thoroughfare that affords a principal
means of access to an abutting lot that is up to
65 feet wide.

Street, Minor. A public right-of-way or private
recorded thoroughfare that affords a principal
means of access to an abutting lot that is
between 65 and 80 feet wide.

Street, Major. A public right-of-way or private
recorded thoroughfare that affords a principal
means of access to an abutting lot that is at least
80 feet wide.

Street Frontage. The length of a lot facing a
street that affords direct public access to the lot.

Street Furniture. Those features associated with
a street that are intended to enhance the street’s
physical character and intended for use by
pedestrians (the public), such as benches, trash
receptacles, lights, and newspaper racks.

Street Line. The boundary line between a street
and abutting lot (see “Lot Line, Front”).

Street Setback Line. A line parallel to a street
line extending the full width or length of a lot
with a minimum required horizontal distance
from the street centerline or right-of-way line.

Structure. Anything constructed or erected
which requires a location on the ground or which
is attached to something having a location on
the ground, but not including fences or walls
seven feet or less in height.

Stucco. A durable finish for exterior walls,
usually composed of cement, sand, and lime and
applied while wet. A fine plaster for interior wall
ornamentation, such as moldings.

DEFINITIONS “T.”
Townhouse. See “Dwelling, Townhouse.”
Trim. Any visible woodwork or moldings that
cover or protect joints, edges, or ends of another
material.

Turf. A living single-bladed grass or sod.

DEFINITIONS “U.”
Use. The purpose for which a lot or building is
arranged, designed, or intended or for which
either is, or may be, occupied or maintained.

Use, Accessory. A use customarily incidental
or subordinate to the principal use of a lot or
building located upon the same lot or building
site and which is exclusively used by the
occupants of the main building (see “Building,
Accessory”).

DEFINITIONS “V.”
(Reserved)
DEFINITIONS “W.”
Window Sash. The moveable part of a window
made up of the vertical and horizontal frame that
holds the glass.

Wing. A portion or mass of a building that
intersects with and is subordinate to the main
mass of the structure. Serves as a single-story
characteristic when designed as a one-story
structure towards the public right-of-way.

DEFINITIONS “X.”
(Reserved)
DEFINITIONS “Y.”
Yard. An open space abutting a front, rear,
or side lot line of a lot that is unoccupied and
unobstructed from the ground upward, except as
otherwise provided in this article. Yard shall also
mean the required setback area for a building or
structure from a property line.

Yard, Front. A yard extending across the full
width of a lot abutting the front lot line, having
at all points the minimum required depth, which
shall be measured at right angles to the front lot
line or by the radial line in the case of a curved
front lot line.

Yard, Rear. The area between the rear lot line
and the principal building that extends across
the full width of the lot, except on a corner lot.

Yard, Side. A yard abutting the side lot lines and
extending between the required front yard and
rear yard.

DEFINITIONS “Z.”
Zone or Zoning Disrict. A section of the City
to which regulations governing the height, area,
use, size of buildings and structures, and other
uniform regulations apply.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 44 45

APPENDIX APPENDIX

CHECKLIST

OBJECTIVE DESIGN STANDARDS CHECKLIST

SITE DESIGN STANDARDS
A. BUILDING ORIENTATION Y/N COMMENTS
A1 Entry to Public Street
A2 Entry to Multiple Public Streets
A3 Multiple Residential Entries to Public Streets
A4 Orientation and Energy
B. PEDESTRIAN ACCESS AND

ACCOMMODATIONS

Y/N COMMENTS
B1 Internal Circulation
B2 Public Pedestrian Network
B3 Pedestrian Walkway Design
C. PARKING, ACCESS AND DRIVEWAYS Y/N COMMENTS
C1 Surface Parking Location
C2 Surface Parking Lot Screening (at least one)
Mixed-Use and Multifamily Checklist: This checklist is included as an example to assist with project review. The current checklist will be provided on the City of Downey web page and updated as needed assist with review of qualifying projects subject to the ODS. The checklist format is provided as a tool to assist with implementation only with projects demonstrating consistency all aspects of the full text of the document.

Note that completion of the checklist does not constitute approval for development and is for advisory purposes only.

C3 Bicycle Parking, Short Term (at least one)
C4 Bicycle Parking, Long Term
C5 Garage Door Orientation
C6 Parking Structure Screening
C7 Alley Access Parking
D. OPEN SPACE LOCATION AND

IMPROVEMENTS

Y/N COMMENTS
D1 Usable Open Space Characteristics, Private
(at least one)
D2 Usable Open Space Characteristics, Common
D3 Courtyards, Characteristics
D4 Courtyards, Minimum Dimension
D5 Rooftop Open Space, Characteristics
D6 Minimum Rooftop Open Space Dimension
E. SERVICE AREAS AND LOADING AND

GROUND EQUIPMENT

Y/N COMMENTS
E1 Driveways, Consolidated
E2 Driveways, Location
E3 Loading, Hidden and Screened
E4 Utility Equipment Location
E5 Ground-Mounted Solar Energy Systems
E6 Electric Vehicle Charging Stations
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 46 47

APPENDIX APPENDIX

ARCHITECTURE AND BUILDING DESIGN STANDARDS
A. MASSING AND ARTICULATION Y/N COMMENTS
A1 Maximum Massing Length, Primary Street
A2 Maximum Massing Length, All Directions
A3 Step Back Minimum Depth, Public Street
A4 Step Back Minimum Depth, Transitions
A5 Ground Floor Differentiation
A6 Building Volume Articulation
A7 Undifferentiated Garage Doors (at least 2)
A8 Building Surface Articulation (at least 2)
A9 Wall Surface Maximum Undifferentiated Area
A10 360 Degree Architectural Design
B. ROOF TREATMENT Y/N COMMENTS
B1 Gabled Roof Minimum Slope
B2 Flat Roofs Screened
B3 Roof Surface Variation (at least 1)
B4 Roof Building Elements (at least 1)
C. ENTRANCES, WINDOWS, DOORS Y/N COMMENTS
C1 Shared Residential Entry
C2 Individual Residential Entry (at least 2)
C3 Non-Residential Entry (at least 2)
C4 Window Wall Area
C5 Reflective Glass
C6 Bird-Safe Glass
C7 Window Trim
C8 Window Sash
C9 Windowpane Detail
C10 Door Trim
C11 Garage Door Detail (at least 1)
D. MATERIALS Y/N COMMENTS
D1 Gabled Roof Minimum Slope
D2 Flat Roofs Screened
D3 Roof Surface Variation (at least 1)
D4 Roof Building Elements (at least 1)
D5 Green Building Materials
E. COLORS Y/N COMMENTS
E1 Color Palette
E2 Required Color
E3 Color Variety
E4 Roof Color
E5 Prohibited Color
F. PARKING STRUCTURES Y/N COMMENTS
F1 Active Frontage Minimum
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 48 49

APPENDIX APPENDIX

LANDSCAPE DESIGN STANDARDS
A. LANDSCAPE GENERAL STANDARDS Y/N COMMENTS
A Landscape General Standards per Sec.
9520.04 Landscape Requirements
B. PARKING LOT LANDSCAPING Y/N COMMENTS
B Parking Lot Landscaping Sec. 9520.04
Landscape Requirements
C. DROUGHT-TOLERANT PLANTING Y/N COMMENTS
C Drought Tolerant Planting
F2 Integrated Parking Structure, Screening
(either/or)
F3 Color Palette
G. MIXED-USE FIRST FLOOR STREET

FRONTAGE

Y/N COMMENTS
G1 Ground Floor Height Minimum
G2 Ground Floor Transparency, Public Streets
G3 Ground Floor Transparency, Private Streets
and Ways
G4 Depth of Windows
G5 Shading Approaches (at least 1)
G6 Multiple Tenant Entries, Public Streets
G7 Large Commercial Tenants, public streets (at
least 2)
G8 Ground Floor Level of Detail (at least 2)
G9 Ground Floor Material Expression (at least 1)
G10 Steet Level Signage (maximum of 2 types)
D. WATER RETAINING LANDSCAPE Y/N COMMENTS
D Water Retaining Landscape Features
E. SYNTHETIC TURF Y/N COMMENTS
E Synthetic Turf Sec. 9520.04 Landscape
Requirements

OTHER SITE AND BUILDING FEATURES DESIGN STANDARDS
A. WALLS, FENCES, HEDGESA. WALLS, FENCES, HEDGES Y/NY/N COMMENTSCOMMENTS A Walls, Fences, and Hedges Sec. 9520.08
General Wall, Fence, and Hedge
Requirements
B. MAILBOXES ADN TRASH RECEPTACLESB. MAILBOXES ADN TRASH RECEPTACLES Y/NY/N COMMENTSCOMMENTS B1 Mailbox, Placement Near Entry
B2 Mailbox, Mixed-use
B3 Trash, minimum distance
B4 Trash, screening
B5 Trash, prohibited locations
C. OUTDOOR LIGHTINGC. OUTDOOR LIGHTING Y/NY/N COMMENTSCOMMENTS B6 Outdoor Commonly Accessible Area Lighting
B7 Outdoor Lighting Prohibited
D. UTILITIES AND BUILDING MECHANICALD. UTILITIES AND BUILDING MECHANICAL

EQUIPMENT

Y/NY/N COMMENTSCOMMENTS
D1 Mechanical Roof Equipment
D2 Building Integrated Solar Equipment
Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 50 51

APPENDIX APPENDIX

PROJECT REVIEW PAGE
Please note the number of the referenced standard and insert comments as needed.

Example:
# Comment on Checklist Standard
1 A parking lot is proposed along the primary frontage street. 27 Project does not comply with checklist. Fencing material is chain link and is not screened.

Attachment F

CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS CITY OF DOWNEY | MULTI-FAMILY AND MIXED-USE | OBJECTIVE DESIGN STANDARDS 52 53

APPENDIX APPENDIX
Applicant hereby agrees this project complies with the applicable design review checklist standards; all applicable Federal, State, and Local laws and regulations, including but not limited to the City’s Centerline, Watershed Protection, and Landscape Ordinances, for the life of the project, or until modified by a subsequent development approval; and he/she understands that additional changes to the project may be required prior to issuance of a building permit to ensure compliance with these regulations. The City is not held accountable for non-compliance with standards that may trigger additional plan check costs for additional reviews. If the project utilizes any Density Bonus under Government Code Section 65915, the applicant must submit all requested waivers and concessions in writing. This signed document shall be inserted into the initial submittal of the plan check by the applicant.

The City of Downey Planning Division hereby confirms that the proposed project complies with all of the applicable design review standards provided compliance with the applicable design review checklist standards is maintained as agreed by the Applicant above.

Applicant (Print)
Name, City Planner (Print)
APN(s):

Address:

Owners Name:

Agent’s Name:

Owner’s Mailing Address:

Agent’s Mailing Address:

Email:

Email:
(if applicable)
Phone:

Phone:

Project
Applicant (Signature)
Name, City Planner (Signature)
Date
Date
Date
Date
PROJECT AND PROPERTY OWNER INFORMATION (PLEASE PRINT):

BRIEF DESCRIPTION OF THE PROJECT:

Attachment F

Figure - Housing Overlay Inset Maps Key
Attachment G

Figure - Housing Overlay Inset Map A
Attachment G

Figure - Housing Overlay Inset Map B
Attachment G

Figure - Housing Overlay Inset Map C
Attachment G

Figure - Housing Overlay Inset Map D
Attachment G

Figure - Housing Overlay Inset Map E
Attachment G

Proposed Zone Change
7044 S tewart and Gray Road (APN 6232-020-004)
Existing Zoning Proposed Zoning
Subject Site Subject Site
Attachment H

STAFF REPORT

PLANNING DIVISION
DATE: DECEMBER 4, 2024
TO: PLANNING COMMISSION

REVIEWED/
SUBMITTED BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT PREPARED BY: ALFONSO HERNANDEZ, PRINCIPAL PLANNER

ABRAHAM LUNA, SENIOR PLANNER
SUBJECT: PLN-24-00179 (ZONE CHANGE, ZONE TEXT AMENDMENT) A REQUEST TO IMPLEMENT PROGRAM 1.1, 1.3, AND 3.3 OF THE CITY OF DOWNEY HOUSING ELEMENT (2021 – 2029) BY MODIFYING AND

ADDING NEW SECTIONS TO ARTICLE IX (LAND USE) OF THE

DOWNEY MUNICIPAL CODE RELATED TO MULTIPLE FAMILY

RESIDENTIAL DEVELOPMENT, ESTABLISH TWO NEW HOUSING
OVERLAY ZONES, REZONE ONE PARCEL (APN: 6232-020-004) FROM SINGLE FAMILY RESIDENTIAL (R-1) TO MULTIFAMILY RESIDENTIAL (R-3), AND ADOPT OBJECTIVE DESIGN STANDARDS
LOCATION: CITYWIDE

REPORT SUMMARY
This request is made as part of the implementation of programs found in the City’s recently adopted 6th Cycle Housing Element (HE) (2021 – 2029.) Specifically, Program 1.1 – “Adequate Sites” outlines prescribed efforts that must be taken by the City, related to rezoning of various properties, to further allow and facilitate residential development. Rezoning of various properties is presented in the form of new overlay zoning along the City’s major corridors, in zones such as Medium Density Residential, Mixed Use, Commercial, Manufacturing, and multiple specific plan areas. The combination of various programs within the Housing Element, along with Program 1.1 ,

1.3, and 3.3 identified in this report, assists the City in satisfying its Regional Housing Needs Assessment (RHNA) of 6,525 residential units.

The current phase of the Housing Element Implementation presented in this report includes the creation of two residential overlay zoning districts allowing high-density housing development within specific parts of the, as shown in Figures 2 through 7 of this report. The overlay zones are specifically described as follows:
•Housing Overlay #1 (HOU 1) will allow residential development at a density of 18 -40 units per acre and will only be applied to “R-3 RHNA rezoning sites” identified in the Housing Element. “R-3 RHNA rezoning sites” are sites specifically identified in the Housing Element and identified in Figures 2 through 7 and does not include the full R-3 zone. •Housing Overlay #2 (HOU 2) will allow development at 30 units per acre and will only be applied to “Mixed Use, Corridor Residential Overlay, and Specific Plan RHNA rezoning sites” identified in the Housing Element. “Mixed Use, Corridor Residential Overlay, and Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 2
Specific Plan RHNA rezoning sites” are sites specifically identified in the Housing Element and identified in Figures 2 through 7 of this report and does not include all non-residential zoned properties within the City.

This implementation the HE is considered Phase 1 of 2 to initiate the variety of programs in the HE and to comply with various state laws. The actions are provided in phases because Assembly Bill 1397/ SB 197 establish a deadline of February 12, 2025, for rezoning adequate sites identified in the HE to meet a City’s RHNA shortfall plus a surplus. The City’s RHNA shortfall is 3,986 residential units, which refers to the number of units the City’s current zoning does not account for. In addition to the shortfall, the City is also responsible for accommodating a surplus of 546 residential units as a safeguard in the case housing is not constructed on a property identified in the HE “adequate sites.” If the proposed actions are adopted by the City Council v ia a recommendation by the Planning Commission, the City would have the appropriate zoning to accommodate the entire RHNA of 6,525 residential units.

In addition to rezoning and establishment of overlay zones, Phase I of the HE Implementation also includes the implementation of Program 1.3 proposing new development standards and Program 3.3 proposing Objective Design Standards (ODS) to establish standards for future residential development to be processed as a result of this action. Without the added implementation of development standards and ODS, projects submitted within the overlay zone would have no guidance for how to construct such developments, and would otherwise not be subject to the City’s development standards. The proposed development standards and ODS will assist applicants in determining the required quality of architectural design and appropriate permit processing.

REQUEST

1.A request for a Zone Change to establish two new housing overlay zones (HOU -1 and HOU-2).

2.A request for a Zone Change to one parcel (APN: 6232-020-004) From Single Family Residential (R-1) To Multifamily Residential (R-3).

3.A request for a Zone Text Amendment to amend section 9302 and add section 9328 to Article IX (Land Use) of the Downey Municipal Code establishing development standards for housing overlay zone HOU-1 and HOU-2, and adopt Objective Design Standards.

RECOMMENDATION
That the Planning Commission:

1.A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL FOR
AMENDMENTS TO THE CITY’S ZONING MAP TO REZONE ONE
PARCEL (APN: 6232-020-004) FROM SINGLE-FAMILY TO MULTIPLE- FAMILY AND IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021 - 2029 HOUSING ELEMENT

2.A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF
ZONING TEXT AMENDMENTS (PLN-24-00179) TO SECTIONS 9302
AND 9328 OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO
IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021 -2029 HOUSING Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 3

ELEMENT AND ESTABLISHING OBJECTIVE DESIGN STANDARDS

FOR SPECIFIC PROPERTIES IDENTIFIED IN THE HOUSING ELEMENT

TO MEET THE REGIONAL HOUSING NEEDS ASSESSMENT
PROJECT APPROVAL AUTHORITY:
•Zone Change - Government Code Sections 65356 through 65355 and Section 65854 require the Planning Commission to hold at least one (1) public hearing before a recommendation on a Zone Change (ZC) to the City Council. Downey Municipal Code (DMC) Section 9830 authorizes the City Council to consider a ZC upon recommendation of the Planning Commission.
•Zone Text Amendment - Downey Municipal Code (DMC) Section 9832 authorizes the City Council to consider a ZC upon recommendation of the Planning Commission.

BACKGROUND
On October 14, 2024, the California Department of Housing and Community Development (HCD) certified the City of Downey’s 6th Cycle HE update. The HE was previously adopted by the City Council on October 11, 2022, and recommended for adoption by the Planning Commission on October 5, 2022.

As part of the HE and various State Legislation, the City is responsible for facilitating the construction of a specific quantity of residential units throughout the City. The RHNA determines the quantity of units the City needs to accommodate. The RHNA is a projected regional housing needs assessment and affordability requirement assessment determined by HCD, in conjunction with the Southern California Association of Governments (SCAG .) The RHNA determination for the City of Downey is 6,525 residential units , with various affordability requirements, as seen in Figure 1. The City of Downey’s current zoning already accommodates 2,083 of the required 6,525 residential units. The actions requested in this phase of the HE implementation will accommodate the remaining RHNA requirement that the City of Downey’s existing zoning currently does not allow. The remaining RHNA is identified in the HE as 3,896 adequate sites, an d 546 surplus sites.

The Downey Municipal Code is required to adopt rezoning measures to accommodate for the shortfall and surplus prior to February 12, 2025 to comply with Assembly Bill 1397 and Senate Bill 197. The required City policies and state laws pertinent to the HE implementation are as follows:

City of Downey Housing Element Programs
•Program 1.1 – “Adequate Site”. The City of Downey plans to meet its housing needs for the 2021-2029 planning period by rezoning and amending land use regulations to facilitate residential development. This includes increasing allowable densities, establishing residential overlays, and enabling by-right development. •Program 1.3 – “Land Use Policy Changes”. The City of Downey plans to increase housing opportunities through updating residential density standards and creating residential overlay zoning with minimum densities of 30 units per acre and streamlining development approvals along commercial corridors and within specific plan ar eas to meet housing needs.
•Program 3.3 – “Objective Design Standards”. The City of Downey plans to adopt objective design standards to provide local guidance on design and standards for by -right projects.

Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 4
Adoption of objective design standards aims to facilitate high-quality residential development.

State Law
•AB 1397/SB 197 – Strengthen requirements for identifying adequate sites, ensuring that jurisdictions provide realistic and viable opportunities for housing development. A local government shall have 3 years and 120 days (February 12, 2025) from the statutory deadline to complete any rezoning.
•SB 166 (No Net Loss) – Requires jurisdictions to maintain an adequate supply of housing sites throughout the planning period to meet RHNA allocations across all i ncome levels.

Jurisdictions are responsible for ensuring that adequate sites construct residential development or locate a new site within the City that will be designated to accommodate any residential units not built on previously designated adequate sites. •AB 72 – Strengthens state oversight of local housing element implementation. HCD can review and revoke certification of a housing element if a jurisdiction fails to meet RHNA goals or if zoning changes do not accommodate the required units.

Figure 1 – City of Downey RHNA

DISCUSSION
As previously mentioned, this phase of the HE Implementation specifically initiates HE programs

1.1, 1.3, and 3.3. These initiatives also assist the City’s compliance with various State Legislation, such as AB 1397/SB 197, SB 166, and AB 72. The primary objective of these programs and legislation is to implement appropriate zoning to facilitate residential development. Specifically, the City plans to initiate these efforts in the form of residential overlay zones, new development standards, and new Objective Design Standards.

Zone Change
As noted in the HE, the City of Downey plans to accommodate the remaining RHNA of 3,896 residential units, plus the required surplus, by establishing residential overlay zones along the City’s major traffic corridors. The overlay sites will include various commercial, manufacturing, and residentially zoned properties, and three specific plan areas. The included specific plan areas are the Downey Landing Specific Plan , and a portion of the Stonewood Center Specific Plan and Florence/I-5 Specific Plan. The exact properties included in the proposed overlays are found in Figures 2 through 7 below. The maps are a lso included in higher quality as Exhibit F.

The maps illustrate the creation of two separate overlays, Housing Overlay #1 (HOU -1) and Housing Overlay #2 (HOU-2). The two separate overlay zones are different in that HOU-1 is Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 5
Figure 2 - Housing Overlay Inset Maps Key
comprised of existing residentially zoned properties that, if adopted, would now be allowed to accommodate higher densities, and HOU-2 is comprised of primarily non-residentially zoned properties that, if adopted, would now allow for residential development.

The properties within the HOU-1 are exclusively existing Medium Density Residential (R-3) properties. The allowed density for these properties will transition from 18 units per acre to a minimum of 18 units per acre and a maximum of 40 units per acre. The added density allowance only applies to the R-3 properties found in the new HOU-1 zone, and not to the remaining R-3 properties found throughout the City. The remaining R-3 properties shall still be subject to a maximum density of 18 units per acre, and 24 units per acre for any lot exceeding 15,000 square feet.

Properties within the new HOU-2 consist of primarily commercial, manufacturing, and mixed-use zones, and specific plan areas. Three (3) residentially zoned properties, as shown in Figure 5, have been included in HOU-2 due to their General Plan designation of Mixed-Use. HOU-2 will allow for residential development at a density of 30 units per acre.

In addition to the proposed overlay zones, at the request of the owner as part of the adoption of the HE, a zone change is proposed for 7044 Stewart and Gray Road (APN 6232-020-004) to transition from Single Family Residential (R-1) to Multifamily Residential (R-3.) The proposed zone change is illustrated in Exhibit G.

Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 6
Figure 3 - Housing Overlay Inset Map A
Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 7
Figure 4 - Housing Overlay Inset Map B
Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 8
Figure 5 - Housing Overlay Inset Map C
Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 9
Figure 6 - Housing Overlay Inset Map D
Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 10
Figure 7 - Housing Overlay Inset Map E
Zone Text Amendment
Development Standards
The proposed development standards were created to apply to the new housing overlay zones, HOU-1 and HOU-2. This request includes modifications to section 9302 of the DMC , which lists the established zones throughout the City. The modification to this section 9302 is amended to include the HOU-1 and HOU-2 overlay zones. The request for a zone text amendment also includes a new section to the DMC, which will be identified and titled Section 9328 “Housing Overlay Zones.” Much like the City’s existing development standard for the various zones within the City, Section 9328 will prescribe all applicable development standards required for future residential development on both HOU-1 and HOU-2 properties. In addition to physical development standards, the new DMC Section 9328 also provide s the allowed uses for the site and application review processes. Regarding application procedures, future proposed projects within the overlay zones would be processed “by -right” if the project complies with the required density and all Objective Design Standards. “By-right” refers to a strictly ministerial procedure in which a project is only subject to the City’s Building Permit process and not a discretionary Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 11
Housing Overlay Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit SPR=Site Plan Review) Use HOU-1 HOU-2 Notes and Exceptions
Multifamily
P P HOU-1: Density 18-40 units per acre
HOU-2: Density 30 units per acre

SPR SPR
HOU-1: Density of less than 18 units
per acre
HOU-2: Density of less than 30 units
per acre or greater than 30 units per
acre
Figure 8 – Portion of Proposed Use Table
Housing Overlay Zones Development Standards
Development Standard HOU-1 e HOU-2e
Lot area per dwelling unit -
maximum (sq. ft.) NA 1,452
Lot coverage - maximum
(percent) 50
Density 18-40 units per acre 30 units per acre
Building height - maximum
(feet)
main building
accessory building
35 feet or three stories, whichever is less
12 feet
Yard setbacks - minimum (feet)
front
rear
15 See notea
Yard setbacks (side) - minimum
(feet)
interior
street
5d

7.5 a When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: twenty (20) feet for a one (1) story building, thirty (30) feet for a two (2) story building, and forty-six (46) feet for a three (3) 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 (1) story building, ten (10) feet for a two (2) story building, a nd twenty-six (26) feet for a three (3) story building. When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: ten (10) feet for a one (1) story building, fifteen (15) feet for a two (2) story building, and twenty (20) feet for a three (3) story building.
b When abutting the R-1 Zone, the minimum setback shall be ten (10) feet. c Exclusive of porches, balconies, garages, or other such accessory structures or architectural features. d Each additional bedroom over four (4) shall be a minimum of one hundred thirty (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 §65583.2 (h) and (i).

NA = Not Applicable
Figure 9 – Proposed Major Development Standards
Objective Design Standards
In addition to development standards, the City also plans to adopt Objective Design Standards as outlined in HE Program 3.3 . ODS is also required pursuant to Senate Bill 35, 330, 8, and the Housing and Accountability Act in which jurisdictions are required to only utilize objective procedure. The new section in its entirety can be found as Exhibit D. The proposed use list and major physical development standards are provided as an example below in Figures 8 and 9:

Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 12
Figure 10 – Example Objective Design Standard

PUBLIC INPUT
Public Notices: On November 8, 2024, a Notice of Intent to adopt a project Negative Declaration (ND), pursuant to the California Environmental Quality Act (CEQA), was mailed to local and regional agencies, published in the Downey Patriot, and recorded with the Los standards to review residential projects. Specifically, ODS are quantifiable and measurable architectural design standards that define the City’s goals for quality residential development.

The purpose and objective are to create clarity for City Staff and applicants in an effort to streamline application review processes. The proposed ODS will include quantifiable and measurable design standards related to building orientation, pedestrian access, parking, driveways, open space, landscaping, utilities, building massing/articulation, roof treatment, window and door placement, and materials among other architectural design elements. The entire ODS document can be found as Exhibit E. An example of objective standards is provided below in Figure 10:

Attachment I

Angeles County Recorder’s Office. The publishing provided a project description, information on how to provide comment, and the date and time of the anticipated public hearing item for the December 4, 2024 Planning Commission meeting.

On November 20, 2024, the Planning Commission held a Study Session introducing the overlay zoning efforts and potential Objective Design Standards. A presentation was provided by MIG and thoughts and comments were provide d by the Planning Commission. There were no public comments provided related to the presentation.

On November 21, 2024, a public hearing notice was published in the Downey Patriot as a 1/8th ad and was mailed to all tenants and property owners subject to the Zone Change and Zoning Text Amendments. The DMC requires a 1/8th ad to be published in the newspaper when the number of property owners to whom the notices would be mailed is greater than 1,000 recipients.

Public Comments: As of the date that this report was printed, staff has not received any correspondence regarding this application.

ENVIRONMENTAL ANALYSIS
The City reviewed the environmental impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA). A Notice of Intent to Adopt a Negative Declaration (IS/ND) was prepared and made available to the public for a twenty (20) day public review period from November 8, 2024 to November 27, 2024. As of the date that this report was printed, no comments have been recieved.

A copy of the Negative Declaration is attached as Exhibit C.

Tribal Consultation
Pursuant to Government Code Sections 21080.3.1, Assembly Bill (AB) 52 requires lead agencies to consider the effects of projects on tribal cultural resources and to conduct notification and consultation with Native American Tribes that are traditionally and culturally affiliated with the geographic area of the proposed project, prior to the adoption of a negative declaration, mitigated negative declaration, or environmental impact report.

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 13 Attachment I

Zone Change and Zone Text Amendment - PLN-24-00179
December 4, 2024 - Page 14

CONCLUSION
Based on the analysis contained within this report, staff is concluding that all findings req uired for approval can be made in a positive manner. As such, staff recommends that the Planning Commission recommend approval of the application to the City Council, thereby recommending adoption of the Housing Element Implementation Program s 1.1, 1.3, and 3.3, as described in this report, for a Zone Change , Zone Text Amendment and the adoption of a Negative Declaration.

EXHIBITS
A.Draft Resolution No. 24-4042
B.Draft Resolution No. 24-4043
C.CEQA Documents
a.Exhibit 1 – Notice of Intent
b.Exhibit 2 – Draft Initial Study/Negative Declaration (IS/ND) D.Proposed Downey Municipal Code Mod ifications to Section 9302 and Addition of Section 9328
E.Objective Design Standards
F.Overlay Zones Maps
G.Proposed Zone Change for 7044 Stewart and Gray Road (APN 6232-020-004) Attachment I

RESOLUTION NO. 24 - 4042

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL FOR
AMENDMENTS TO THE CITY’S ZONING MAP TO REZONE ONE PARCEL (APN: 6232-020-004) FROM SINGLE-FAMILY TO MULTIPLE-FAMILY AND IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING

ELEMENT

THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare as follows:

A.California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals.

B.All cities and counties in the Southern California Association of Governments (SCAG) were required to obtain State certification from California Department of Housing and Community Development (HCD) for an updated Housing Element for the 2021-2029 planning period no later than February 12, 2022.

C.The City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029).

D.Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022.

E.On October 11, 2022, the City adopted its sixth cycle Housing Element for the planning period of October 2021 - October 2029. The Housing Element addresses the City’s housing needs with new Housing Overlays for additional residential capacity. The City’s zoning map must be amended to implement these Housing Overlays.

F.Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025.

G.Senate Bill 35 required jurisdictions to adopt Objective Design Standards, which removed the personal judgment of a public official regarding design criteria and effectively streamlined the approval of multi-family residential and mixed-use projects.

H.The City held two community workshops on July 25, 2024 and August 28, 2024 to gather community input and revise the zoning text amendments and objective design standards for the new Housing Overlays.

I.On November 1, 2024, Tribal notification letters were sent to the Assembly Bill 52 contact list from the Native American Heritage Commission, and the required 30- day consultation period ended on December 2, 2024. A request for consultation Attachment J

from the Gabrieleno Band of Missions Indians – Kihz Nation was submitted on November 8, 2024.

J. On November 7, 2024, in compliance with the California Environmental Quality Act, a Notice of Intent (NOI) to adopt a Negative Declaration for the Implementation of the City’s Housing Element was posted with the California State Clearinghouse and published in the local newspaper Downey Patriot for public review from November 8, 2024 through November 27, 2024.

K. On November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards and Zoning Text Amendment changes.

L. On November 21, 2024, a notice of public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone and Zoning Text Amendment was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code.

M. The Planning Commission held a duly noticed public hearing on December 4, 2024, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted this Resolution.

SECTION 2. The Planning Commission further finds, determines and declares that after preparing an Initial Study and a Negative Declaration (“IS/ND”) the project is in compliance with the requirements of the California Environmental Quality Act (CEQA), which found that the project will have no environmental impacts (SCH No. 2024110308). 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 to 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 regarding the proposed amendments to the Zoning Map, and in accordance with Downey Municipal Code Section 9830.06, the Planning Commission further finds, determines, and declares that:

A. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and Chapter 8 of Article IX of the Downey Municipal Code and is in the interests or furtherance of the public health, safety, and general welfare. The creation of the Housing Overlays is found to achieve the goals and policies found in the adopted Housing Element for the planning periods of 2021-2029. In particular, in order to achieve the goals, policies, and programs of the Housing Element, the city is required to rezone specific sites identified in the housing element to meet the Regional Housing Needs Assessment (RHNA). The RHNA sites identified in the Housing Element for rezoning have a combined capacity of 4,442 units. These new overlay zones (HOU-1 and HOU-2) will provide a path forward for multi-family and mixed-use development of all income levels. The creation of housing is found to be in the interest of public health, safety, and general welfare. The following are current policies promoted by the current General Plan.

Policy 1.1.2 - Provide an appropriate amount of land area to absorb the City’s future population growth.

Attachment J

Program 1.1.2.1.- Identify areas to absorb population growth and support additional housing.

Program 1.1.2.3.- Promote housing projects and mixed-use projects that include housing within areas designated for the downtown area, transit-oriented developments, and areas in the vicinity of the Downey Landing project.

Goal 1.2.- Advance livable community concepts.

Policy 1.2.1.- Promote livable communities concepts that allow added flexibility in addressing land use needs.

Program 1.2.1.2.- Promote mixed-use developments with housing on the same site or in proximity to commercial services to reduce the need for trips by vehicles.

Policy 1.2.2 – Focus on areas where livable communities concepts are most likely [to] have the most impact to set a catalyst for similar projects elsewhere in the city.

Program 1.2.2.4 - Use the development of the Downey Landing as a catalyst for further economic development, including housing, on properties along the periphery of the site.

achieves the adequate size for a high-density housing project. In return, if such incentives are utilized, reductions in open space and front setbacks will be allowed to increase the buildable area of such project, complying with all applicable development standards.

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 approve a Zone Change (PLN-24-00179) to amend the Official Zoning Map to rezone various properties, as outlined in Exhibit ‘A’ of this Resolution and in the draft ordinance attached hereto as Attachment A.

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 approve a Zone Change (PLN-24-00179) to amend the Official Zoning Map to rezone the subject property of 7044 Stewart and Gray Road (APN:6232-020-004), as outlined in Exhibit ‘B’ of this Resolution and in the draft ordinance attached hereto as Attachment A.

Attachment J

SECTION 6. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 4th day of December 2024.

Carrie Uva, Chair,
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 4th day of December 2024, by the following vote, to wit:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED AS TO FORM:

_______________________
John M. Funk
City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on December 4, 2024.

Ria Ioannidis
Recording Secretary

Attachment J

EXHIBIT ‘A’

Housing Overlay Zone Maps

Attachment J

Housing Overlay Inset Map A

Attachment J

Housing Overlay Inset Map B

Attachment J

Housing Overlay Inset Map C

Attachment J

Housing Overlay Inset Map D

Attachment J

Housing Overlay Inset Map E

Attachment J

EXHIBIT ‘B’

Existing Zoning Map

Proposed Zoning Map

Attachment J

ATTACHMENT A

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE CITY’S ZONING MAP TO REZONE ONE PARCEL (APN:
6232-020-004) FROM SINGLE-FAMILY TO MULTIPLE-FAMILY AND IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING

ELEMENT

WHEREAS, California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals; and

WHEREAS, the City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029); and

WHEREAS, On October 12, 2022, the City of Downey adopted its sixth cycle Housing Element for the planning period of October 2021 - October 2029. The Housing Element addresses the City’s housing needs with new Housing Overlays for additional residential capacity. The City’s zoning map must be amended to implement these Housing Overlays; and

WHEREAS, Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022; and

WHEREAS, Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025; and

WHEREAS, the City held two community workshops on July 25, 2024 and August 28, 2024 to gather community input and revise the draft code amendments and objective design standards; and

WHEREAS, On November 1, 2024, Tribal notification letters were sent to the Assembly Bill 52 contact list from the Native American Heritage Commission, and the required 30-day consultation period ended on December 2, 2024. A request for consultation from the Gabrieleno Band of Missions Indians – Kihz Nation was submitted on November 8, 2024; and

WHEREAS, On November 7, 2024, in compliance with the California Environmental Quality Act (CEQA), a Notice of Intent (NOI) to adopt a Negative Declaration was posted with the California State Clearinghouse and published in the local newspaper Downey Patriot for public review from November 8, 2024 through November 27, 2024; and Attachment J

WHEREAS, on November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards, Zone Change, and Zoning Text Amendment changes; and

WHEREAS, On November 21, 2024, a notice of the public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone and Zoning Text Amendment was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and

WHERAS, the Planning Commission held a duly noticed public hearing on December 4, 2024, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, voted to recommend approval by the City Council of a Zone Change; and

WHEREAS, on ______________, 2025, a notice of public hearing to consider the implementation of the City’s Housing Element by the City Council was sent to all tenant and property owners within 500’ of the subject site and the notice was published in Downey Patriot in accordance with the requirements of the Downey Municipal Code; and

WHEREAS, the City Council held a duly noticed public hearing on ______________, 2025, to consider this Ordinance approving the proposed Zone Change, where all interested persons were given an opportunity to be heard.

Attachment J

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 3. The City Council further finds and determines that:

Policy 1.1.2 - Provide an appropriate amount of land area to absorb the City’s future population growth.

Program 1.1.2.1.- Identify areas to absorb population growth and support additional housing.

Goal 1.2.- Advance livable community concepts.

Policy 1.2.1 - Promote livable communities concepts that allow added flexibility in addressing land use needs.

Program 1.2.1.2.- Promote mixed-use developments with housing on the same site or in proximity to commercial services to reduce the need for trips by vehicles.

Policy 1.2.2 – Focus on areas where livable communities concepts are most likely [to] have the most impact to set a catalyst for similar projects elsewhere in the city.

Attachment J

Program 1.2.2.4 - Use the development of the Downey Landing as a catalyst for further economic development, including housing, on properties along the periphery of the site.

C. The various sites identified specifically in the commercial corridors may not be adequate in size to accommodate the residential development permitted in the various zones identified in the Housing Element as inventory sites to accommodate for the RHNA; however, Program 3.1 of the Housing Element incentives lot consolidation achieves the adequate size for a high-density housing project. In return, if such incentives are utilized, reductions in open space and front setbacks will be allowed to increase the buildable area of such project, complying with all applicable development standards.

Attachment J

SECTION 5. The City Council of the City of Downey hereby amend the Official Zoning Map to rezone the subject property of 7044 Stewart and Gray Road (APN:6232-020-004), as outlined in Exhibit ‘B’ of this Resolution and in the draft ordinance attached hereto as Attachment A.

SECTION 7. The City Council hereby directs staff to prepare, execute, and file with the Los Angeles County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

Attachment J

SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.

APPROVED AND ADOPTED this ___ day of January, 2025

__________________
MARIO TRUJILLO, Mayor
ATTEST:

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

ABSTAIN: Council Member:

_____________________

MARIA ALICIA DUARTE, CMC
City Clerk

Attachment J

EXHIBIT ‘A’

Housing Overlay Zone Maps

Attachment J

Housing Overlay Inset Map A

Attachment J

Housing Overlay Inset Map B

Attachment J

Housing Overlay Inset Map C

Attachment J

Housing Overlay Inset Map D

Attachment J

Housing Overlay Inset Map E

Attachment J

EXHIBIT ‘B’

Existing Zoning Map

Proposed Zoning Map

Attachment J

RESOLUTION NO. 24 - 4043

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF ZONING TEXT AMENDMENTS (PLN-24-00179) TO SECTIONS 9302 AND 9328 OF

ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING ELEMENT AND

ESTABLISHING OBJECTIVE DESIGN STANDARDS FOR SPECIFIC

PROPERTIES IDENTIFIED IN THE HOUSING ELEMENT TO MEET THE

REGIONAL HOUSING NEEDS ASSESSMENT

THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare as follows:

A.California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals.

C.The City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029).

D.On October 11, 2022, the City of Downey adopted its sixth cycle Housing Element for the planning period of October 2021 - October 2029. The Housing Element addresses the City’s housing needs with new Housing Overlays for additional residential capacity. The City’s zoning map must be amended to implement these Housing Overlays.

E.Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022.

F.Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025.

Attachment K

I. On November 1, 2024, Tribal notification letters were sent to the Assembly Bill 52 contact list from the Native American Heritage Commission, and the required 30- day consultation period ended on December 2, 2024. A request for consultation from the Gabrieleno Band of Missions Indians – Kihz Nation was submitted on November 8, 2024.

J. On November 7, 2024, in compliance with the California Environmental Quality Act (CEQA), a Notice of Intent (NOI) to adopt a Negative Declaration was posted with the California State Clearinghouse and published in the local newspaper Downey Patriot for public review from November 8, 2024 through November 27, 2024.

K. On November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards and Zoning Text Amendment changes.

L. On November 21, 2024, a notice of the public hearing to consider the implementation of the City’s Housing Element and to create a Housing Overlay Zone and Zoning Text Amendment was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code.

M. The Planning Commission held a duly noticed public hearing on December 4, 2024 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted this Resolution.

SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the proposed Zoning Text Amendments, and in accordance with Downey Municipal Code Section 9832.06, the Planning Commission further finds, determines, and declares that:

interest of the public to mitigate any potential impacts to the surrounding areas. The analysis for the proposed development standards and objective design standards, as well as the required review process, ensure that any potential effects in public health, safety, and general welfare will be mitigated as much as possible.

Policy 1.3.2. – Monitor and address changes in land use trends.

Program 1.3.2.1. Adopt a comprehensive update of the zoning chapter of the municipal code.

Program 1.3.2.2. Adjust the codes, policies, and regulations in response to changes in land use trends.

Policy 1.4.1. Promote Neighborhood Identity.

Program 1.4.1.4. Promote public participation in the planning process.

Program 1.4.1.5. Provide public information on ways residents and property owners can improve their neighborhoods.

Goal 1.4 – Protect and enhance the residential neighborhoods.

Policy 1.4.2. Promote residential construction that complements existing neighborhoods.

Program 1.4.2.1. Discourage residential construction not in harmony Attachment K

with the surrounding neighborhood.

Program 1.4.2.2. Adopt standards to address the appropriate relationship between building size and lot size, such as maximum floor area ratio.

The proposed Zoning Text Amendment, which includes development standards in addition to the objective design standards, will apply to new qualifying multifamily development, residential mixed-use development, and additions to multi-family and residential mixed-use development. The materials and textures selected as part of this document were ensured to create and promote developments of the highest quality while allowing flexibility to the applicant in presenting new materials to the Director to expand the list in the document. In complying with both the development and design standards it will ensure a high quality development.

Goal 8.1. Promote quality design for new, expanded, and remodeled construction.

Policy 8.1.1 Promote architectural design of the highest quality.

Program 8.1.1.1. Discourage construction with architectural design of poor quality.

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 approval by the City Council of the zoning text amendment below to Section 9302 of Article IX of the Downey Municipal Code:

§ 9302. ZONES ESTABLISHED.

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
Housing Overlay Zones
Housing Overlay Zone 1 HOU-1
Housing Overlay Zone 2 HOU-2

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 approval by the City Council of the zoning text amendment below to add section 9328 of Article IX of the Downey Municipal Code, which shall read as follows:

§ 9328. HOUSING OVERLAY ZONES

§ 9328.02. INTENT AND PURPOSE

§ 9328.04. APPLICABILITY.
(a) An HOU zone may only be applied to sites which have been identified as Attachment K

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.

7.&part=&chapter=3.&article=10.6"

§ 9328.06. USES PERMITTED.

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

Attachment K

Table 9.3.15. Housing Overlay Zones Use Regulations
(P = Permitted NP = Not Permitted C = Conditional Use Permit SPR=Site Plan Review) Use HOU-1 HOU-2 Notes and Exceptions
Mixed Use NP
With at least 50
percent of the square
footage of the project
is residential

Mixed Use
with at least 50
percent of the
square footage
of the project is
residential
P P
HOU-1: Density 18-40 units per
acre
HOU-2: Density 30 units per acre
with less than
50 percent of
the gross floor
area is planned
for residential
use
C C

§ 9328.10. DEVELOPMENT STANDARDS.
(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.

Table 9.3.16. Housing Overlay Zones Development Standards Development Standard HOU-1 e HOU-2e
Lot depth - minimum (feet) Lots shall conform to the average depth of adjacent lots.

Lot coverage - maximum
(percent) 50
Density 18-40 units per acre 30 units per acre
Building height - maximum (feet)
main building
accessory building

35 feet or three stories, whichever is less
12 feet
Yard setbacks - minimum (feet)
front
rear

15 See notea
Yard setbacks (side) - minimum
(feet)
interior
street

7.5 Building separation - minimum
(feet) 10
Main building and detached
garage separation - minimum
(feet)
5 Usable open space area per
dwelling unit – minimum (sq. ft.) 200
Usable Open Space Subject to Section 9312.08(b)(10)
Storage Cabinets Subject to Section 9312.08(b)(14)
Air conditioning, mechanical roof
and utility equipment Subject to Section 9504
Environmental protection
standards Subject to Section 9516
Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code
Landscaping, lighting, and walls Subject to Section 9520 Noise Subject to Sections 4600.2, 4602, and 4606.06
Nonconforming uses, lots, and
structures Subject to Section 9410
Off-street parking and loading Subject to Chapter 7
Signs Subject to Chapter 6
Site plan review Subject to Section 9820
Trash and Garbage Subject to Section 9528
Visibility Subject to Section 9520 and 9534
Air Quality Subject to Section 9516.06(d)
Transportation Demand
Management Subject to Section 9530
Property Maintenance Subject to Section 8630
a When the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: twenty (20) feet for a one (1) story building, thirty (30) feet for a two (2) story building, and forty-six (46) feet for a three (3) 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 (1) story building, ten (10) feet for a two (2) story building, and twenty-six (26) feet for a three (3) story building.

Attachment K

Table 9.3.16. Housing Overlay Zones Development Standards Development Standard HOU-1 e HOU-2e
When the rear yard area abuts an R-3 Zone the following minimum setbacks are required: ten (10) feet for a one (1) story building, fifteen (15) feet for a two (2) story building, and twenty (20) feet for a three (3) story building. b When abutting the R-1 Zone, the minimum setback shall be ten (10) feet. c Exclusive of porches, balconies, garages, or other such accessory structures or architectural features. d Each additional bedroom over four (4) shall be a minimum of one hundred thirty (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 §65583.2 (h) and (i).

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%

§ 9328.12. DESIGN STANDARDS.

§ 9328.14. APPLICATION REVIEW.
(a) Review Authority.

(2) Planning Commission. Projects requiring discretionary action in Table 9.3.15 shall be reviewed by the Planning Commission pursuant to Section 9820 and 9824.

(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:

Attachment K

(iii) Projects that do not contain residential uses.
(iv) Mixed-use projects in which less than 50 percent 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 percent 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.

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 approval by the City Council of the Ordinance attached hereto as Attachment A enacting the foregoing zoning text amendments.

SECTION 7. The Objective Design Standards (Attachment ‘B’), as a supporting document to the Zoning Text Amendments related to the Housing Overlay Zone, are hereby adopted.

Attachment K

SECTION 8. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 4th day of December 2024.

Carrie Uva, Chair
City Planning Commission

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED AS TO FORM:

_______________________
John M. Funk
City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

Ria Ioannidis
Recording Secretary

Attachment K

Attachment ‘A’
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF DOWNEY APPROVING ZONING TEXT AMENDMENTS (PLN-24-00179) TO SECTIONS 9302 AND 9328

OF ARTICLE IX OF THE DOWNEY MUNICIPAL CODE TO IMPLEMENT NEW HOUSING OVERLAYS OF THE 2021-2029 HOUSING ELEMENT

WHEREAS, California Government Code Section 65581 mandates every city and county in California to prepare a Housing Element to obtain state housing goals; and

WHEREAS, All cities and counties in the Southern California Association of Governments (SCAG) were required to obtain State certification from California Department of Housing and Community Development (HCD) for an updated Housing Element for the 2021-2029 planning period no later than February 12, 2022; and

WHEREAS, The City of Downey (“City”) has been assigned a Regional Housing Needs Assessment (RHNA) allocation of 6,525 housing units for the sixth housing cycle (2021-2029); and

WHEREAS, On October 11, 2022, the City of Downey adopted its sixth cycle Housing Element for the planning period of October 2021 - October 2029. The Housing Element addresses the City’s housing needs with new Housing Overlays for additional residential capacity; and

WHEREAS, Assembly Bill 215 introduced flexibility for jurisdictions by extending the deadline to October 15, 2022; and

WHEREAS, Senate Bill 197 gave jurisdictions three years and 120 days to comply substantially with their adopted sixth cycle Housing Element, or until February 12, 2025; and

WHEREAS, The City held two community workshops on July 25, 2024 and August 28, 2024 to gather community input and revise the draft code amendments and objective design standards; and

WHEREAS, On November 20, 2024, the Planning Commission held a presentation for draft Objective Design Standards and Zoning Text Amendment changes; and

Attachment K

WHEREAS, The Planning Commission held a duly noticed public hearing on December 4, 2024 to consider the proposed Zoning Text Amendment and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted this resolution; and
WHEREAS, on ______________, 2025, a notice of public hearing by the City Council was published in Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on ______________, 2025, to consider this Ordinance approving the proposed Zoning Text Amendment, where all interested persons were given an opportunity to be heard.

Attachment K

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted findings by the City Council.

SECTION 3. The City Council further finds and determines that:

Policy 1.3.2. – Monitor and address changes in land use trends.

Program 1.3.2.1. Adopt a comprehensive update of the zoning chapter of the municipal code.

Program 1.3.2.2. Adjust the codes, policies, and regulations in response to changes in land use trends.

Public participation was vital in the drafting of the proposed documents. The City held Attachment K

one virtual session with local real estate businesses, developers, and architects, who have encountered Objective Design Standards and newer development standards to implement the sixth cycle housing element. During this virtual meeting, attendees shared their thoughts and experiences with such development standards which assisted the City to consider certain development standards to promote the high- density developments while protecting the surrounding land uses. Staff also researched multiple cities with established municipal codes and design standards to apply to the City of Downey with the assistance of consultants. Staff published the draft standards on the City’s Website for public review.