Local zoning · Downey

Downey — Overlay Districts

Q: What can I build on a property mapped HOU‑1 in Downey?

On an HOU‑1 parcel you can build multifamily housing consistent with the HOU‑1 density and dimensional standards (typically 18–40 units/acre , building height up to 35 ft / 3 stories , and other Table 9.3.16 standards). Uses and design must also comply with the underlying base zone unless the overlay provides a different rule. See § 9328.06 and Table 9.3.16.

Q: Do I need a PUD permit to use the PUD overlay?

Yes. A Planned Unit Development requires a PUD permit ; the ordinance sets PUD permit requirements and cross‑references the permit procedures (see § 9324.06 and the development review procedures at § 9822).

Q: Are HOU overlays applied only to Housing Element sites?

Yes. HOU‑1 and HOU‑2 may be applied only to sites identified in the City’s Housing Element (the code references the Housing Element sites inventory and the State law requirements). See § 9328.04(a) . Verify the parcel is on the Housing Element sites list.

Q: Where can I find the full standards for a mapped BIO overlay?

The zoning table lists BIO as an overlay symbol in § 9302 , but the specific BIO article/standards were Not found in retrieved materials . You must verify current BIO provisions and mapped locations with the City.

Overlay Districts under the Downey local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

Downey’s zoning ordinance defines several overlay zones that layer additional rules on top of the underlying base zones to respond to special physical, environmental, economic, or housing objectives. The code explicitly lists Planned Unit Development (PUD), Bio‑Medical (BIO) and the housing overlays HOU‑1 and HOU‑2 as overlays; the primary ordinance text for these overlays appears in Article IX (Land Use) and the overlay-specific articles cited below. See the City’s baseline zoning framework at Downey Zoning for how overlays attach to base zones. § 9152; § 9302.

How Downey’s overlays work (general rules)

An overlay imposes additional or different rules on top of the base zone. Where an overlay applies, the overlay standards take precedence where a conflict is shown in the overlay chapter (the code frequently states “where a conflict occurs, the regulations specified in this section shall apply”). See § 9328.04(c) and the general overlay definition § 9152.
Overlays are shown on the Official Zoning Map by combining the overlay symbol with the base zone (for example, R‑3 (PUD)). See § 9324.04(a) and the zones table § 9302.
Applicants must follow base‑zone requirements in addition to overlay requirements unless the overlay explicitly allows a different (usually less restrictive) standard. See § 9328.08(a).

Note: this page stays strictly to the zoning/land‑use overlay rules in the Downey Municipal Code (Title 9 / Article IX). For building permit process and technical building standards, consult the California Building Standards Code. California Building Standards Code

Overlay districts — district‑by‑district breakdown

Planned Unit Development Overlay (PUD)

Purpose: Provide flexibility to encourage mixed dwelling types, innovative site layouts, coordinated open space and shared amenities not achievable under strict base‑zone rules. See § 9324.02.
Where it applies: A PUD may be located in any zone; it is shown by adding PUD to the base zone on the Official Zoning Map (e.g., R‑2 (PUD)). See § 9324.04(a).
Typical permitted uses: Uses remain those of the underlying base zone; the PUD is a vehicle for alternative site planning rather than a wholesale rewrite of uses. See § 9324.04(b).
Key process & approvals: A PUD permit is required; PUD approvals follow the procedures in the code’s development review article (the ordinance cross‑references the permit procedure at § 9822). See § 9324.06.
Key standards (high‑level): Minimum site area for PUD is 5 acres; perimeter building setbacks are tied to structure height (no closer than the height of the structure to the project perimeter), and minimum distance from a public street varies with number of stories (10 ft plus 5 ft per floor above two stories). See § 9324.08(a)–(b).
Practical guidance: Use PUD only when you need flexible yard/coverage/mixture of uses for a large consolidated site; expect a discretionary review and conditions that protect adjacent base zones. See § 9324.08(c) for how conflicts are resolved.

Housing Overlay Zone 1 (HOU‑1)

Purpose: Implement Housing Element rezoning sites to meet RHNA for lower‑income multifamily sites. HOU‑1 applies to identified Housing Element sites that are already zoned R‑3. See § 9328.04(a)(1).
Typical permitted uses: Multifamily residential uses are permitted by right when they meet density and affordability rules; smaller projects or densities under the HOU range may require Site Plan Review (SPR). See § 9328.06 and Table 9.3.15.
Key dimensional standards (high‑priority):
- Density: 18–40 units/acre (HOU‑1).
- Maximum building height: 35 ft or three stories, whichever is less.
- Lot width minimum: 100 ft; lot area minimum: 3,000 sq ft.
- Lot coverage max: 50%.
- Front setback minimum: 15 ft (with rear/side rules and special abutting rules in notes). See Table 9.3.16 and § 9328.08.
Where it applies: Only on specific Housing Element sites identified in the City’s Housing Element; HOU‑1 may not be applied elsewhere. See § 9328.04(a).
Review path: Permitted uses meeting the objective standards are handled ministerially; projects that trigger SPR in Table 9.3.15 go to the Planning Commission. See § 9328.12(a).
Cross‑references: Off‑street parking and loading still follow Chapter 7 (Downey Parking). See § 9328.08 and Table 9.3.16 notes.

Housing Overlay Zone 2 (HOU‑2)

Purpose: Implement Housing Element rezoning sites for mixed‑use or commercial/mixed zones and certain specific plan areas to accommodate higher density opportunities. See § 9328.04(a)(2).
Typical permitted uses: Multifamily and specified mixed‑use projects are permitted where residential comprises required percentage of gross floor area; mixed‑use with less than 50% residential may be conditional. See Table 9.3.15 and § 9328.06.
Key dimensional standards:
- Density: 30 units/acre (HOU‑2).
- Maximum building height: 35 ft or three stories (same as HOU‑1 for main building).
- Lot area per unit maximum (HOU‑2): 1,452 sq ft (see Table 9.3.16).
- Yard, coverage and other standards largely mirror HOU‑1 but include specific notes and incentives for lot consolidation. See Table 9.3.16 and § 9328.08.
Where it applies: Only on Housing Element–identified sites with qualifying base zones (M‑U, C‑P, C‑1, C‑2, C‑3, C‑M, H‑M, M‑2), or within specific plans. See § 9328.04(a)(2).
Special rules: Projects on Housing Element lower‑income rezone sites must comply with State law (Gov. Code § 65583.2) — the code cross‑references State requirements and defers to State law where conflict arises. See § 9328.04(c) and notes in Table 9.3.16.

Bio‑Medical Overlay (BIO)

What the code shows: BIO is listed in the zones table as an overlay symbol (Table 9.3.1), but a dedicated BIO article or development standards were not present in the retrieved materials. See § 9302.
Practical note: Because the listing exists, BIO may be mapped but the detailed standards and permitted uses for BIO were Not found in retrieved materials. Verify with the City for the current BIO text and mapped locations. Verify with the jurisdiction.

Quick standards table (most decision‑relevant items)

Topic	HOU‑1	HOU‑2	Code Reference
Density	18–40 du/acre	30 du/acre	§ 9328.08; Table 9.3.16.
Max main building height	35 ft / 3 stories	35 ft / 3 stories	Table 9.3.16; § 9328.08.
Lot area (min)	3,000 sq ft	(no minimum listed beyond site rules)	Table 9.3.16.
Lot coverage (max)	50%	50%	Table 9.3.16.
Front setback (min)	15 ft	15 ft	Table 9.3.16 (with notes).
Usable open space	200 sq ft / unit	200 sq ft / unit	Table 9.3.16; § 9328.08.
Permitting pathway	Ministerial plan check for by‑right; SPR for certain densities	Same	§ 9328.12(a).

(See the full Table 9.3.16 and Table 9.3.15 for detailed exceptions, abutting setbacks, and special incentives; also see the Housing Element links called out in the code.)

Cross‑references you will need

Base‑zone standards and dimensional controls remain applicable unless overruled by the overlay; consult Downey Development Standards when you prepare plans. Downey Development Standards
Off‑street parking and loading are governed by Chapter 7 — consult Downey Parking early in the design stage. Downey Parking
Projects that trigger Site Plan Review or Planning Commission review are processed per the Site Plan Review rules — see Downey Design Review for thresholds and materials. Downey Design Review
For accessory building siting (detached garages, ADUs) check the overlay notes and the City ADU rules; overlays do not remove State ADU allowances — coordinate with Downey ADUs and California ADU law. Downey ADUs California ADU law

Checklist

Confirm whether the parcel is mapped with an overlay (PUD, HOU‑1, HOU‑2 or BIO) on the Official Zoning Map (verify map and legend). § 9304.
Determine the underlying base zone (R‑1, R‑2, R‑3, M‑U, C‑1, etc.) and pull base‑zone development standards. § 9302.
For PUD: prepare a PUD permit application and a comprehensive site plan package (minimum 5 acres typical). § 9324.06; § 9324.08(a).
For HOU‑1/HOU‑2: demonstrate the site is a Housing Element site if required and apply the applicable density and design standards in Tables 9.3.15–9.3.16. § 9328.04; § 9328.08; Table 9.3.16.
Prepare evidence for any “no net loss” findings if the project reduces assumed Housing Element capacity. § 9328.12(b).
If SPR is required, expect Planning Commission review per § 9820 and provide design materials that meet the objective design standards referenced in the overlay. § 9328.12(a).
Provide parking analysis per Chapter 7 and address landscaping, lighting, trash, TDM and noise requirements cited in Table 9.3.16 notes. See Downey Parking and Downey Landscaping and Screening. Downey Parking Downey Landscaping and Screening

Risks & Ambiguities

Issue	Why it matters	What to verify
Conflict between overlay and base zone	Overlays may change or relax standards; the code says overlay controls where conflict exists, but language varies by overlay.	Verify the applicable overlay chapter for explicit conflict rules: § 9328.08(a) for housing overlays; § 9324.04(b) for PUD.
Whether parcel is a Housing Element “rezoning site”	HOU‑1/HOU‑2 may only be used on specific sites identified in the Housing Element; misapplying an HOU can invalidate approvals.	Confirm site appears on the City’s Housing Element Sites Inventory and follow § 9328.04(a). Also consult the City’s Housing Element listing.
BIO overlay content not found	The zoning table lists BIO as an overlay but no BIO article was located in the retrieved materials.	Verify with the City whether a separate BIO article exists or whether the map currently uses BIO and what standards apply. Not found in retrieved materials.
“No net loss” finding for housing capacity	The overlay requires a finding where a project reduces assumed Housing Element capacity; this is a discretionary constraint.	Prepare GIS/unit yields and evidence to demonstrate no net loss per § 9328.12(b).
Ministerial vs discretionary review	HOU overlays differentiate by‑right (ministerial) vs SPR; misclassifying triggers longer timelines and different appeal rights.	Confirm which line in Table 9.3.15 applies to your specific unit count and mix; see § 9328.12(a).

Plain‑English summary

If your property in Downey has an overlay (for example PUD, HOU‑1, or HOU‑2), those overlay rules sit on top of the regular zoning rules and can change permitted uses, densities, height, setbacks, and review process — HOU overlays are specifically targeted to Housing Element sites and set explicit density and design standards; PUDs provide flexible site planning for larger, consolidated projects. Always check the specific overlay chapter (§ 9324 and § 9328) and the Official Zoning Map to see what applies.

Source References

Downey Municipal Code — Overlay definition and general Land Use article: § 9152.
Downey Municipal Code — Zones established (lists PUD, BIO, HOU‑1, HOU‑2): § 9302.
Planned Unit Development Overlay: § 9324.02, § 9324.04, § 9324.06, § 9324.08.
Housing Overlay Zones (HOU‑1 / HOU‑2) — applicability, uses, standards and design: § 9328.04, § 9328.06, § 9328.08, § 9328.10, § 9328.12, Tables 9.3.15–9.3.16.
Official Zoning Map rules and interpretation: § 9304.
Site Plan Review and review authorities referenced by overlays: § 9820 and overlay cross‑references § 9328.12(a).
City Housing Element reference called out in the code (for HOU site lists): https://www.downeyca.org/our-city/departments/community-development/planning/housingelement-update. (Referenced in § 9328.04(a).)

Sources

Retrieved passages

Downey Zoning Code (§ 9324.02.) High relevance
Downey Zoning Code (§ 9328.08.) High relevance
Downey Zoning Code (§ 9328.04.) High relevance
Downey Zoning Code (section shall) Medium relevance
Downey Zoning Code (Section 9312.08) Medium relevance
Downey Zoning Code (Section 9312.08) Medium relevance
Downey Zoning Code (§ 9426.06.) Medium relevance
Downey Zoning Code (§ 9152.) Medium relevance

Cited sections

Official Downey code library

Frequently asked questions

What is an overlay zone in Downey and where is it defined?

An overlay zone in Downey is a mapped area where additional regulations (environmental, locational, economic, historical, or housing objectives) apply on top of the base zone; the ordinance defines “Overlay Zone” in § 9152 and lists overlay symbols (PUD, BIO, HOU‑1, HOU‑2) in § 9302.

What can I build on a property mapped HOU‑1 in Downey?

On an HOU‑1 parcel you can build multifamily housing consistent with the HOU‑1 density and dimensional standards (typically 18–40 units/acre, building height up to 35 ft / 3 stories, and other Table 9.3.16 standards). Uses and design must also comply with the underlying base zone unless the overlay provides a different rule. See § 9328.06 and Table 9.3.16.

Do I need a PUD permit to use the PUD overlay?

Yes. A Planned Unit Development requires a PUD permit; the ordinance sets PUD permit requirements and cross‑references the permit procedures (see § 9324.06 and the development review procedures at § 9822).

What are the HOU‑2 setback and height requirements?

HOU‑2 follows the development standards in Table 9.3.16: front setback minimum 15 ft, maximum main building height 35 ft or three stories (whichever is less), and other lot/depth/coverage rules listed in Table 9.3.16 and § 9328.08. Verify abutting‑zone special setback notes.

If an overlay conflicts with the base zone, which rule controls?

For the housing overlays, the overlay section explicitly states the overlay regulations apply where a conflict exists; similar conflict rules appear in the PUD article. Always cite the overlay chapter for the controlling rule (for HOU: § 9328.08(a); for PUD: § 9324.04(b)).

Are HOU overlays applied only to Housing Element sites?

Yes. HOU‑1 and HOU‑2 may be applied only to sites identified in the City’s Housing Element (the code references the Housing Element sites inventory and the State law requirements). See § 9328.04(a). Verify the parcel is on the Housing Element sites list.

Do projects in HOU overlays need Planning Commission review?

It depends: permitted uses that meet objective standards can be processed ministerially via plan check; projects that Table 9.3.15 marks with SPR are reviewed by the Planning Commission. See § 9328.12(a) and Table 9.3.15.

Where can I find the full standards for a mapped BIO overlay?

The zoning table lists BIO as an overlay symbol in § 9302, but the specific BIO article/standards were Not found in retrieved materials. You must verify current BIO provisions and mapped locations with the City.

What is the “no net loss” requirement in HOU overlays?

The HOU application rules require a “no net loss” finding where a proposed project would reduce the residential density or unit count assumed in the Housing Element for that site or citywide capacity; the review authority must make the findings listed in § 9328.12(b).

How do off‑street parking rules apply to overlay projects in Downey?

Overlay chapters defer to the City’s parking chapter (Chapter 7). For HOU projects the code notes parking and loading remain subject to Chapter 7 — review your project against those standards early. See Table 9.3.16 notes and § 9328.08. Downey Parking

Ask about any Downey property

Get a cited, plain-English answer on Downey zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial