07. Adpt Ord to Establish Two New Housing Overlay Zones-Rezoning One Parcel & Updating 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 28, 2025

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCES TO ESTABLISH

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

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 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. Adopt Ordinance No. 25-1520 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; and

2. Adopt Ordinance No. 25-1521 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.

BACKGROUND

At its regularly scheduled City Council meeting held on January 14, 2025, where after fully considering all oral and written testimony and facts and opinions offered, the City Council introduced for a first reading the attached ordinances (Attachments A and B).

SECOND READING FOR HOUSING ELEMENT IMPLEMENTATION
JANUARY 28, 2025
PAGE 2

2 ANALYSIS

The analysis and information provided in the original agenda memo dated January 14, 2025, remains unchanged (Attachment C).

CITY COUNCIL PRIORITIES

Efficiency & Adaptability
Quality of Life, Safety & Infrastructure

FISCAL IMPACT

There is no fiscal impact.

ATTACHMENTS

Attachment A: Ordinance No. 25-1521
Attachment B: Ordinance No. 25-1520
Attachment C: City Council Report, without attachments – January 14, 2025

Attachment A

ORDINANCE NO. 25-1521

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.

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

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. 25-1520

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:

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

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).

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).

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

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.

Attachment C

HOUSING ELEMENT IMPLEMENTATION
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PAGE 2

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.

Attachment C

HOUSING ELEMENT IMPLEMENTATION
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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

AN ALYSIS
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 Attachment C

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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.

Attachment C

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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
Attachment C

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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 Attachment C

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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, Attachment C

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PAGE 8

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.

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.

Attachment C

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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 C

Downey City CouncilJanuary 28, 2025

Downey City Council
January 28, 2025