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City of Bellflower ADU Granny Flat Regulations

In an effort to combat rising housing costs California passed major legislation allowing any house zoned for single-family to build a second rentable unit, known as an accessory dwelling unit. This has opened up massive opportunities for California homeowners allowing them maximize their property values. If you’re interested in building an accessory dwelling unit, you’ve come to the right place!

CITY OF BELLFLOWER

ORDINANCE NO. 1345

AN ORDINANCE APPROVING ZONING ORDINANCE TEXT AMENDMENT CASE NO. ZOTA 17-01 TO AMEND CERTAIN SECTIONS OF THE BELLFLOWER MUNICIPAL CODE (BMC) TO UPDATE THE CITY’S ACCESSORY DWELLING UNIT REGULATIONS TO BE IN CONFORMANCE WITH APPLICABLE STATE LAW; APPLICANT: CITY OF BELLFLOWER

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds and determines as follows:

  1. On June 27, 1983, the City Council adopted Ordinance No. 529 amending the Bellflower Municipal Code to allow for Second-Family Units;
  2. On September 27, 2016, the Governor signed into law Senate Bill No. 1069, which amended state law to rename “second units” as “accessory dwelling units.” The amended law, which took effect January 1, 2017, requires cities to ministerially approve certain accessory dwelling units in existing accessory structures; the law also provides that if the City chooses to provide for the creation of accessory dwelling units in single-family residential zones, the ordinance must include certain requirements;
  3. Existing off-street parking conditions within the City are insufficient to meet the needs of the community, and garage conversions and demolitions would further exacerbate the negative conditions in the City. In addition, the state law as amended by SB 1069 prohibits local government from requiring the replacement of enclosed parking to negate the consequence of the loss of on- site parking. The Ordinance will prohibit garage conversions and demolitions to ensure that the amended State law does not exacerbate these existing conditions.
  4. The Planning Department completed its review and scheduled the public hearing before the Planning Commission for March 20, 2017;
  5. On March 20, 2017, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including information provided to the Planning Commission by City staff and public testimony; after considering the evidence, the Planning Commission adopted Resolution PC 17-03 recommending the City Council approves Zoning Text Amendment No. ZOTA 17-01;
  6. On July 17, 2017, staff notified the Planning Commission regarding changes to the draft ordinance;

G On September 11, 2017 the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and

  1. This Ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to the City Council at its September 11, 2017 hearing and the staff report submitted by the Planning

Page 1 of 9

SECTION 2. Factual Findings and Conclusions. The City Council finds as follows:

  1.  
  1. In 2016, Assembly Bill (AB) 2299 and Senate Bill (SB) No. 1069 were approved; these bills, which became effective on January 1, 2017, amended Government Code § 65852.2 to facilitate the development of “accessory dwelling units” (formerly termed “second dwelling units”);
  1.  
  1. In response to the new law, staff reviewed the Bellflower Municipal Code (“BMC”) in regards to second dwelling unit This Ordinance amends the BMC to be consistent with the provisions of SB 1069, and AB 2299.

SECTION 3. Zoning Ordinance Text Amendment Findings. Pursuant to BMC

  • 17.104.010, the City Council finds the changes implemented by this Ordinance will promote public health, safety and general welfare by, among other things, providing greater flexibility for the development of accessory dwelling units and bringing the BMC into compliance with applicable state laws.

SECTION 4. General Plan Findings. Pursuant to Government Code § 65860, the changes implemented by this Ordinance are consistent with the General Plan. Among other things, this Ordinance will help implement General Plan Housing Element Goal 2, which is to “provide a variety of housing types to accommodate special needs groups and all economic segments of the City.” The BMC amendments are intended to eliminate or rectify those regulations that may be inconsistent with Gov. Code § 65852.2, as amended. Ensuring that the City’s regulations for accessory dwelling units are consistent with state law will not frustrate any goal or policy set forth in the General Plan.

SECTION 5. The proposed revisions to the various portions of the BMC will be illustrated with italic for existing language, for existing language that is proposed for elimination and bold and underlined for new language.

SECTION 6. The definition of “Second Dwelling Unit” set forth in BMC § 17.08.010 (Definitions) is amended to read as follows:

Accessory Dwelling Unit

“Accessory dwelling unit” shall means an attached or detached residential dwelling unit, which provides

Complete independent living facilities on the same parcel as a legal single family residence including, but not limited to, the permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory secede dwelling unit also includes efficiency units as defined in Section 17958.1 of the Health and Safety Code and manufactured homes as defined in Section 18007 of the Health and Safety Code. Detached accessory dwelling units are “accessory buildings” to the primary residence. All accessory dwelling units will be reviewed and approved administratively, subject to Section 17.16.170 of this Code and applicable Building Codes.

SECTION 7. Note 6 referred to in table 17.14.020(B) is deleted and replaced with “Reserved,” and Note 20 referred to in table 17.14.020(B) (Height, Area & Mass for Residential Zones), is amended to read as follows:

6.

[Reserved.]

  1. Pursuant no State Law 6esex/ accessory dwelling units

do not increase the allowable density of residential uses.

SECTION 8. Subsection L of BMC § 17.16.020 (SF Zone — Permitted Uses) is amended to read as follows:

  1. Sea x/ Accessory dwelling unit, consistent with all standards in Section 17.16.170.

SECTION 9. BMC § 17.16.170 (SF Zone – Second Dwelling Units), is retitled “Accessory Dwelling Unit”, and amended to read as follows:

Accessory dwelling units, whether attached, detached, or established within

Existing structures s/call must comply with the following regulations:

  1.  
  1.  
  1. One (1) see x/accessory dwelling unit may be located on any residentially-zoned parcel provided such parcel is either: (a) developed with only a-one (1) family dwelling as the primary use of the property (the “primary unit”); or (b) vacant in which case secede accessory dwelling unit may be constructed in addition to, and at the same time as the primary Notwithstanding the foregoing, no seaee8accessorv dwelling orbit s/›a//will be permitted in any area of the city identified by an ordinance of the City Council as being significantly impacted by insufficient capacity for sewers, traffic circulation, parking, public utilities or similar infrastructure needs.
  1.  
  1. A detached see accessory dwelling unit must be located behind the rear building line of the primary unit, unless the accessory dwelling unit is within an existing space of a single- family residence or accessory For purposes of this section, “existing” refers to spaces or structures, which have been issued a final Certificate of Occupancy before a replication for the proposed accessory dwelling unit is sublimed to the city.
  1.  
  1. An accessory dwelling unit will not be permitted pursuant to Subsections 16.170(L) and (M) if it will be located within one thousand (1,000) feet of the property line of any other property owned by any Community Housing Development Organization {CHDO).

Number of Units per Parcel. A maximum of one (1) accessory dwelling unit shall-be is allowed on any existing parcel. Accessory dwelling units may only be located on a parcel that contains the minimum lot size required by the underling zone.

  1.  
  1. Garage An existing garage may not be converted to an accessory dwelling unit, and may not be demolished in conjunction with the construction of an accessory dwelling unit.
  1.  
  1.  
    1.  
  1. The distance between any wall of a detached seceedaccessorv dwelling unit and any wall of the primary unit s/›a//may not be less than 11)
    1.  
  1. A minimum building separation of six (6) must be maintained (eave to eave) between the primary unit and a detached seaeri0 accessory dwelling
  1.  
  1. Lot The second accessory dwelling may not cause the lot coverage for all structures on the parcel to exceed the maximum permitted.
  1.  
  1. Unit
    1. If detached from the primary unit, the size of the

Secesdaccessory dwelling unit may not exceed

1,200) square feet.

    1.  
  1. If attached, or located within a is in structure, the size of the second accessory dwelling unit may not exceed percent (30%) of the size of the primary unit prior to creation of the second /accessory dwelling unit, not to exceed 1,200 square feet.
    1.  
  1. A detached second accessory dwelling unit must be ‹Nearly subordinate in size and scale to the primary unit as determined by its location and

G Setback. The second accessory dwelling unit must comply with all setback requirements applicable to the primary unit.

  1. Architectural The second accessory dwelling unit s must be compatible in exterior appearance with the primary unit, as well as existing dwellings in the vicinity of the lot or parcel on which it is proposed to be constructed, in accordance with code design standards and guidelines applicable to the zone as provided in this Code.
  2. Parking and Circulation
    1. Parking for the second accessory dwelling unit must be provided on the lot on which the second accessory dwelling unit is located at the rate of one (1) additional parking This additional parking may be uncovered and/or tandem.
  1.  
  1. No additional curb cuts may be installed for the second accessory

Dwelling unit.

  1. An second accessory dwelling unit seal/must share the driveway with the existing primary unit on the site, provided, however, that a second driveway to serve the second accessory dwelling may be allowed from an alley, if there is an alley that serves the subject site.
  1. Notwithstandinq any of the foreknown subdivisions, no additional parking spaces are required in any of the following instances:
  2. g) The accessory dwelling unit is located within one-half mile of a public transit.

b_)

d_}

The accessory dwelling unit is located within an

Architecturally and historically significant historic district.

The accessory dwelling unit is part of the existing primary residence, or an existing accessory structure.

When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.

When there is a car-sharing vehicle pick-up/drop-off located within one block of the accessory dwelling unit.

Height. A second accessory dwelling unit s/›a//may not exceed one (1) story and may be no greater than eighteen (UJ) feet in height, unless additional height is necessary to match the roof pitch of the primary structure.

  1. Development The seas 8accessory dwelling unit must comply with all additional development standards listed in this Code which are applicable to the zone in which the subject lot is located (i.e., SF, A-E, R- 1). Should there be a conflict between the zone development standards and the standards set forth in this section, then the more restrictive shall.
    1. Accessory dwelling units proposed to be constructed within the existing space of a single family residence or an accessory structure which has independent access from the existing residence, and the side and rear setbacks, and distances from other structures are sufficient for fire and safety are not subject to the development standards referenced in subsection
  2. One (1) of the residential dwellings on a lot on which the second accessory dwelling unit is proposed /o be established must be occupied as the primary residence of the owner of the lot of record and such dwelling may not be rented or leased so long as the second accessory dwelling unit exists. If at any time neither unit on the lot is occupied by the owner thereof, the second accessory dwelling unit s/›a//will automatically be deemed to become an uninhabitable space, which s/Tal/must not be used as a dwelling and roof be rented. Subject to Subdivision 17.16. 170(A)(3), the other provisions of this section will not apply to any nonprofit organization, but only if 1) the organization is a recognized Community Housing Development Organization (CHDO) pursuant to HUD regulations; 2) the organization receives CHDO certification by the City Council, and 3) the property remains under the ownership and operation of such a nonprofit organization. The property owner must comply with Section 5.08.200 of this Code.
  3. Deed Before obtaining an second accessory dwelling unit permit, the property owner must file with the county recorder a covenant and agreements, which has been

Approved by the City Attorney as to its form and content, containing a reference of the deed under which the property was acquired by the owner and stating that.

The second accessory dwelling unit s/›a//may not be sold separately,

2 The second accessory dwelling unit is restricted of the maximum size allowed per the development standards set forth in this section,

  1. The second accessory dwelling unit will be considered legal only

so long as either i) the primary residence, or the second accessory dwelling unit, is occupied by the owner of record of the property or ii) in accordance with Subsection 17.16.170(L) the property is owned by a certified and recognized CHDO and the primary and second accessory units are occupied by extreme/y low-, very low- or low-income households, as defined by the Department of Housing and Urban Development (HUD), and

  1.  
  1. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property
  1.  
  1. The accessory dwelling unit may not be rented for any period less than 30
  2. Interpretation ‘by the Planning Commission. If a question arises in relation to interpretation or applicability of a provision of this section, the Director may refer the issue to the Planning Commission,

Which will issue its

By resolution. Such interpretation or ruling is subject to appeal to the City Council pursuant to Section 17.112.020.

SECTION 10. Subsection E of BMC § 17.20.020(E) (A-E Zone — Permitted Uses) is amended to read as follows:

  1. second accessory dwelling unit, consistent with all standards in Section

17.206.20170.

SECTION 11. BMC § 17.20.200 (A-E Zone – Second Dwelling Unit), is retitled “Accessory Dwelling Unit”, and amended to read as follows:

All secee8accessorY dwelling units must comply with the development standards provided in Sections 17.16. . .170

SECTION 12. Subsection M of BMC § 17.24.020 (R-1 Zone — Permitted Uses) is amended to read as follows:

  1. Accessory dwelling unit consistent with all standards in Section 17.624.170.

SECTION 13. BMC § 17.24.170 (R-1 Zone – Second Dwelling Unit), is deleted in its entirety:

SECTION 14. BMC § 17.28.200 (R-2 Zone – Second Dwelling Unit), is deleted in its entirety:

SECTION 15. BMC § 17.32.200 (R-3 Zone – Second Dwelling Unit), is deleted in its entirety:

SECTION 16. All uses of the phrase “Second Dwelling Unit” within the BMC are replaced with “Accessory Dwelling Unit”.

SECTION 17. Environmental Review. In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), this ZOTA has been determined to be exempt pursuant to 14 Cal. Code Regs. § 15282(h) (Other Statutory Exemptions) because the project consists of the adoption of an ordinance regarding second dwelling units/accessory dwelling unit in a single family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code.

SECTION 18. Construction. This Ordinance must be broadly construed to achieve the purposes stated in the Ordinance. It is the City Council’s intent that the provisions of this Ordinance are interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 19. Enforceability. Repeal of any provision of the Bellflower Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 20. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.

SECTION 21. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes.

SECTION 22. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 23. The City Clerk is further directed to submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

SECTION 24. Effective Date. This Ordinance will become effective on the 31″ day following its passage and adoption.

ORDINANCE NO. 1345 HAD ITS FIRST READING ON SEPTEMBER 11, 2017, ITS SECOND READING ON SEPTEMBER 25, 2017, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF SEPTEMBER 25, 2017.

ATTEST:

STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF BELLFLOWER )

I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 1345 had its first reading on September 11, 2017, its second reading on September 25, 2017, and was duly passed, approved, and adopted by the City Council of the City of Bellflower at its Regular Meeting of September 25, 2017, by the following vote to wit:

AYES: Council Members — Garza, Koops, Santa Ines, Dunton, and

Mayor Schnablegger

Ordinance No. 1345 was posted at City Hall, the Clifton M. Brakensiek Library, John S. Simms Park, the Bellflower Sheriff’s Substation, and T. Mayne Thompson Park; and the title, effective date, and vote will be published on Thursday, October 5, 2017, in the Public Notices Section of the Herald American, pursuant to Government Code Section 36933.

Dated: September 26, 2017

City of Bellflower, California

 

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