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TO: Honorable Mayor and Members of the City Council.
ATTENTION: Ryan Smoot, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services Rowena Genilo—Concepcion, Planning Manager
Patti Nahill, Planning Consultant
SUBJECT: Consideration and possible action to conduct a public hearing to consider 1) Zoning Ordinance Text Amendment Case No. ZOTA 25- 01; and 2) read by title only, waive first reading, and introduce Ordinance No. 1443 — An Ordinance approving Zoning Ordinance Text Amendment Case No. ZOTA 25-01 amending various
provisions of Title 17 (Zoning) of the Bellflower Municipal Code to implement the Housing Element.
DATE: April 14, 2025
LEQOMMEflDATIQN TO CITY cou~cn=
1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by title only, waive first reading, and introduce Ordinance No. 1443; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is a cost for codifying the proposed ordinance within the Bellflower Municipal Code (“BMC”) along with publication, etc. These are already anticipated as part of the City’s operations. No additional direct fiscal impact is identified. Indirectly, the proposed actions will assist the City with obtaining State and federal grants.
PUBLIC NOTICE
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on March 21, 2025. Public hearing notices were posted at City Hall, Bellflower Substation, Thompson Park, Simms Park, Caruthers Park, Brakensiek Library, and the City’s website on March 21, 2025. As of the writing of this staff report, the City has received no correspondence.
Staff Report — Zoning Ordinance Text Amendment Case No. ZOTA 25-01 April 14, 2025
CEQA STATUS
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). In accordance with CEQA and CEQA Guidelines § 15162, the City Council finds as follows:
A. Resolution No. 22-04 was adopted by the City Council on January 20, 2022, approving Mitigated Negative Declaration No. MND 21-01.
B. Changing the regulatory framework for future development and uses within the Bellflower Municipal Code is an activity contemplated by MND 21-01.
C. This activity does not contemplate any changes which will require major revisions to MND 21-01 nor are there any substantial changes with respect to the circumstances under which MND 21-01 was undertaken.
D. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time MND 21-01 was approved.
TYPE OF ACTION (Legislative!
In considering BMC amendments, the City Council acts in its discretionary legislative capacity. The recommended action constitutes a Zoning Ordinance Text Amendment ("ZOTA”) that would amend the BMC by adding and modifying zoning regulations to remove development constraints, to streamline processing and to update the BMC to address changes in state laws to implement the Housing Element (“HE”). Pursuant to BMC § 17.104.030, the City Council must find:
A. There are changed conditions since the existing zoning regulations became effective that warrant the proposed amendment to the BMC.
B. The proposed amendment to the BMC will not adversely affect adjoining property as to the value or precedent and will not be detrimental to the area.
C. The proposed amendment to the BMC will be in the interest or furtherance of public health, safety and general welfare.
D. The proposed amendment to the BMC will not adversely affect the City's General Plan or the City's Comprehensive Zoning Plan.
Staff Report — Zoning Ordinance Text Amendment Case No. ZOTA 25-01 April 14, 2025
BACKGROUND
0:. Housing Element
The City’s Housing Element includes the requirement to accommodate Bellflower’s Regional Housing Needs Allocation (“RHNA”). Specifically, the City must implement land use regulations that encourage new housing consisting of 3,735 new residential units (1,015 very low-income units; 488 low-income units; 553 moderate income units; and 1,679 above moderate-income units). To achieve this goal, the Housing Plan identifies long-term housing goals and short-term policies to address the identified housing needs.
The goals and policies are then implemented through a series of housing programs. The City has 35 recognized programs, including existing and new programs that have been added to address the City’s unmet housing needs. Each program identifies specific actions the City plans to undertake toward achieving each goal and policy.
DISCUSSION
As part of the certification of the Housing Element, the City committed to the implementation of certain Housing Element Programs. The proposed ZOTA is necessary to implement certain Housing Element Programs.
0:. Zoning Ordinance Text Amendment
ZOTA 25-01 establishes a regulatory framework of future development and uses. The BMC amendments would be applicable City-wide, as they implement relevant State laws and the HE (Ordinance No. 1443, Exhibits A through E). The proposed ZOTA addresses the following categories:
A. Density Bonus (Program ’5) — Harmonize the BMC with State Density Bonus provisions consistent with new legislation. All changes occur in BMC Chapter
17.41. (Exhibit A).
B. Accessory Dwelling Units (Program 9) — Repeal and replace the City’s ADU ‘ regulations with provisions that implement the dynamic State mandates. The ZOTA further removes development constraints by consolidating all ADU regulations into one Chapter for ease of access and removing antiquated terminology from the BMC. (Exhibit B).
C. Community Care Facilities (Program 13) — Establish a new Section 17.72.140 governing community care facilities that consolidates all land use regulations for community care facilities, conditionally allows residential care facilities serving seven or more persons in residential zones, and imposes objective standards. (Exhibit C).
Staff Report — Zoning Ordinance Text Amendment Case No. ZOTA 25-01 April 14, 2025
DISCUSSION — Continued
D. Emergency Shelters (Program 18) — Harmonize the BMC with State law regarding the areas where emergency shelters are permitted and regulations governing use and development within the City. The proposed amendment includes establishing a maximum capacity of 30 occupants, and updating parking standards based on the number of staff rather than the number of beds/rooms. These changes proposed are mandated under State law. Additionally, the ZOTA removes development constraints by consolidating all of the City‘s emergency shelter regulations in a single BMC section. (Exhibit D).
. Affordable Housing — Lot Consolidation (Program 29) — Repeals and replaces BMC Chapter 17.14 to provide standards and incentives for the consolidation of lots in support of the development of affordable housing. The proposed provision provides incentives (maximum of three) applicable to affordable housing projects that are proposing at least 16 residential units with a minimum density of 30 dwelling units per acre, which include: increased lot coverage; reduced landscaping; reduced setback; reduced parking; parking alternatives; reduced group open space; and/or allowance for small lot subdivisions. (Exhibit E) . Remove Development Constraints (Program 13) — to revise the BMC to address constraints identified in Section 5 of the Housing Element, including (Attachment A, Sections 15-30):
0 reducing parking requirements in the A-E, R-1, R—2 and R-3 zones (i.e., to ensure they do not constrain the development of housing) to require only a two-car garage and one guest parking space for each dwelling unit — removing the requirement of additional parking spaces for additional bedrooms after the first two
. increased height requirements in the R-3 zone to three stories or 40 feet, whichever is less — previously two and one-half stories or 35 feet, whichever is less;
0 removal of subjective findings as part of the design review process (i.e., point system for the 2/3rd rule);
0 establishing explicit setbacks (i.e., 15 feet for one-story buildings wand 20 feet for two-story buildings), rather than setbacks based on formula 0 new references have been added to BMC Chapter 17.14, “Zones Enumerated" Section to list “Specific Plan (SP)” and “Housing Opportunity Overlay Zone (HOOZ).”
. Supportive Housing (Program 18) — State law requires that supportive housing be permitted in multi-family and mixed use zones subject only to objective standards in the underlying zone. The ZOTA harmonizes the BMC with the current State laws and consolidates all the BMC regulations into a single chapter to remove development constraints. (Attachment A, Sections 45—56)
Staff Report — Zoning Ordinance Text Amendment Case No. ZOTA 25-01 April 14, 2025
DISCUSSION — Continued
H. Reasonable Accommodations for Persons with Disabilities (Program 25) — the proposed amendment includes, without limitation: updating the disability definition; removing findings 5 and 6 that were deemed by HCD to be a constraint; and removing the public notice and public hearing requirements to be consistent with State law changes. All changes occur in BMC Chapter 17.42. (Attachment A, Sections 57-60)
ATTACHMENT
A. Ordinance No. 1443 (with Exhibits A through E) ........................................................ 6
CITY OF BELLFLOWER
ORDINANCE NO. 1443
AN ORDINANCE APPROVING ZONING ORDINANCE TEXT
AMENDMENT CASE NO. ZOTA 25-01 AMENDING VARIOUS
PROVISIONS OF TITLE 17 (ZONING) OF THE BELLFLOWER
MUNICIPAL CODE TO IMPLEMENT THE HOUSING ELEMENT
THE COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds and declares as follows:
A. Zoning Ordinance Text Amendment Case No. ZOTA 25-01 is proposed to amend Title 17 of the Bellflower Municipal Code (“BMC”) to implement the Housing Element (“HE”);
. The City desires to update the BMC to address changes in State laws, including accessory dwelling units, density bonus, special needs housing, and encourage future development by incentivizing lot consolidation, removing constraints to development, and streamlining the review processes (“Project”); . The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”); . Notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law;
. On April 14, 2025, the City Council held a public hearing to’receive public testimony and other evidence regarding the proposed ZOTA, including information provided by City staff and public testimony; and . On April 14, 2025, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its April 14, 2025 heaflng.
SECTION 2. Factual Findings and Conclusions. The City Council finds as A. On January 20, 2022, the City Council adopted the HE for the 2021-2029 planning period. On September 9, 2022, the Department of Housing and Community Development (“HCD”) certified Bellflower’s HE;
City of Bellflower
Ordinance No. 1443
B. The City's HE includes the requirements to accommodate Bellflower’s Regional Housing Needs Allocation (“RHNA”) specifically, the City must implement land use regulations that encourage new housing. In order to achieve this goal, the Housing Plan identifies long term housing goals and short term policies that will be implemented through a series of Housing Programs including, without limitation, removing development constraints (Program 13), establishing objective design standards (Program 14), providing affordable housing incentives (Program 15), streamlining the process (Program 17), and address special needs population (Program 18);
C. The proposed ZOTA allows for development to accommodate the City of Bellflower’s 2021-2029 RHNA;
D. The ZOTA establishes a regulatory framework of future development and uses by amending Title 17 of the BMC that would be applicable citywide, as it pertains to relevant State laws and the HE as shown on Exhibits A through E; and
E. The City Council initiated this Project through its adoption of the HE.
SECTION 3. Environmental Assessment. In accordance with CEQA and CEQA Guidelines § 15162, the City Council finds as follows:
A. Resolution No. 22-04 was adopted by the City Council on January 20, 2022, approving Mitigated Negative Declaration No. MND 21-01.
B. Changing the regulatory framework for future development and uses within the BMC is an activity contemplated by MND 21-01.
C. This activity does not contemplate any changes which will require major revisions to MND 21-01 nor are there any substantial changes with respect to the circumstances under which MND 21-01 was undertaken.
D. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time MND 21-01 was approved.
SECTION 4. Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA Guidelines §§ 15075; and any other applicable law.
SECTION 5. General Plan Findings. Pursuant to Government Code § 65860, the changes implemented by this Ordinance are consistent with the following goals and policies of the General Plan. The City Council finds as follows.
City of Bellflower
Ordinance No. 1443
A. Land Use Element — General Policy 1.2: “Encourage opportunities to sensitively integrate different, but compatible, land uses”; B. Land Use Element - General Goal 5: “Provide incentives for reinvestment in aging, built-out developments and encourage consolidation of properties for higher quality land uses and designs”;
C. Housing Element— Goal 2: “Provide a variety of housing types to accommodate special needs groups and all economic segments of the City”; D. Housing Element — Goal 3: “Minimize the impact of governmental constraints on housing production and affordability";
E. Housing Element 4 Policy 5.3: “Encourage infill development and reuse of underutilized land, where reuse is consistent with desired neighborhood character”; and
F. Housing Element - Policy 5.4: “Encourage recycling of existing, poorly designed, substandard multi-family developments to higher densities as a means of facilitating housing for all economic segments of the community and providing improvements to housing in need of major upgrades”.
SECTION 6. Zoning Ordinance Text Amendment Findings. Pursuant to BMC § 17.104.030, the City Council makes the following findings:
A. There are changed conditions since the existing zoning became effective to warrant other or additional zoning in that State laws require the City to implement the Housing Programs identified in the HE that was adopted by the City on January 20, 2022, and was subsequently certified by HCD on September 9, 2022. In addition, several zoning code provisions require amendments in order to be consistent with recently passed State laws.
This proposed Ordinance will not adversely affect any property in the City as to value or precedent and will not be detrimental to any area of the City, based upon the findings in this Ordinance. The proposed ZOTA establishes a regulatory framework of future development and uses as it pertains to the implementation of the HE. Furthermore, the proposed changes are intended to enhance property values and apply city-wide.
The ZOTA will be in the interest or furtherance of public health, safety and general welfare, by implementing the adopted HE, ensuring that future developments are built and designed to the highest standard, and increasing the City’s housing stock and value of private properties by facilitating new development of underutilized properties.
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Ordinance No. 1443
D. This ZOTA will not adversely affect the City’s General Plan or zoning regulations set forth in the BMC in that it is consistent with the goals and policies of the General Plan, identified in this Ordinance. Furthermore, the ZOTA will not adversely affect Title 17 (Zoning) of the BMC because Title 17 encourages the most appropriate use of the land; conservation and stabilization of the property value; and promotion of public peace, health, safety, morale, and general welfare - all in accordance with the General Plan.
E. The proposed ZOTA will not adversely affect the City’s General Plan in that the proposed ZOTA adheres to changes in State laws.
SECTION 7. Amendment. BMC § 17.41 (Density Bonus) is repealed and replaced in its entirety as set forth in the attached Exhibit “A” which is incorporated by reference.
SECTION 8. Amendment. The definition of “Accessory Dwelling Unit” within BMC § 1708.010 is removed in its entirety.
SECTION 9. Amendment. BMC § 17.16.020(L) is repealed.
SECTION 10'. Amendment. BMC § 17.16.170 is repealed in its entirety.
SECTION 11. Amendment. BMC § 17.20.020(E) is repealed.
SECTION 12. Amendment. BMC § 1720.200 is repealed in its entirety.
SECTION 13. Amendment. BMC § 17.24.020(M) is repealed.
SECTION 14. Amendment. BMC Chapter 17.17 is repealed and replaced in its entirety as set forth in the Attached Exhibit “B” which is incorporated by reference.
SECTION 15. Amendment. BMC § 17.12.010 is amended as follows:
Ҥ 17.12.010. Zones Enumerated.
For purposes relating to the orderly development of the City of Bellflower, and in order to carry out the provisions of this title, the City is hereby divided into 17 zones known as the following:
SF Single Family Residential
R1 Low Density
AE Agricultural Estate Zone
R-2 Medium Density Residential
R-3 Multiple Residential
SCH Senior Citizen Housing
City of Bellflower
Ordinance No. 1443
C-G General Commercial Zone
T-C Bellflower Town Overlay Zone
M-1 Light Industrial Zone
PD Planned Development Zone
O-S Open Space Zoning Zone
P Public Uses
MU Mixed Use
DFD Design for Development for the South Bellflower Commercial Area CENTZ Court Enforced Neutral Tenancy Zone
DAZL Development Agreement Zone Layover
SP Specific Plan
HOOZ Housing Opportunity Overlay Zone"
SECTION 16. Amendment. BMC § 1720.150 Parking Requirements is amended to read:
“A. In addition to the Off-Street Parking requirements of this Title, each single family residence must provide a minimum of two enclosed parking spaces, with a minimum combined dimension of 20 feet in length by 20 feet in width of an unobstructed floor space, and one open guest parking space.”
SECTION 17. Amendment. BMC § 17.24.110(B) (Parking Requirements) is amended as follows:
“B. Properties with two or more single family residences must provide a minimum of two enclOsed parking spaces and one open guest parking space for each dwelling unit.” SECTION 18. Amendment. BMC § 1728.020 is amended by adding a new subsection (C) as follows:
“C. Mixed use, provided that the real property has a General Plan Land Use designation of MU."
SECTION 19. Amendment. BMC § 17.28.080(A) is amended as follows:
“A. Front Yard. A front yard setback of not less than 15 feet for one-story buildings and 20 feet for two—story buildings must be provided. No building, structure, or the enlargement of a building or structure is permitted to encroach within the required front yard setback. Notwithstanding, properties with less than the minimum required front yard setback may be deemed conforming pursuant to this Title.” SECTION 20. Amendment. BMC § 17.28.080(D) is amended as follows:
“D. Corner Lots or Reverse Corner Lots. The side yard fronting a street must be not less than ten feet for one-story buildings and 15 feet for two—story buildings.” -10-
City of Bellflower
Ordinance No. 1443
SECTION 21. Amendment. BMC § 17.28.080(E) is amended as follows:
“E. Rear Yards.
1. Interior lots must have a rear yard for residential buildings and structures of eight feet when adjacent to living areas and bedrooms and five feet for secondary walls.
2. Through lots must have a rear yard for residential buildings and structures of 15 feet for one-story buildings and 20 feet for two-story buildings.” SECTION 22. Amendment. BMC § 17.28.080(B) is repealed.
SECTION 23. Amendment. BMC § 1728.100. is amended to read:
“To minimize building bulk and mass, any new two-story residential structure must satisfy the 2/3 rule. The 2/3 rule requires the top story to be not more than 2/3 the size in total floor area of the bottom story.”
SECTION 24. Amendment. BMC § 17.32.020 is amended by adding a new subsection C as follows:
“C. Mixed use, provided that the real property has a General Plan Land Use designation of MU.”
SECTION 25. Amendment. BMC § 17.32.070 is amended as follows:
“No building or structure may exceed three stories or 40 feet in height, whichever is less." SECTION 26. Amendment. BMC § 17.32.080(A) is amended as follows:
“A. A front yard setback of not less than 10 feet for one-story buildings and 15 feet for two-story buildings must be provided. No building, structure, or the enlargement of a building or structure is permitted to encroach within the required front yard setback. Notwithstanding the foregoing, properties with less than the minimum required front yard setback may be deemed conforming pursuant to this Title.” SECTION 27. Amendment. BMC § 17.32.080(D) is amended as follows:
“D. The side yard fronting a street must be not less than 10 feet for one-story buildings and 15 feet for two-story buildings.”
SECTION 28. Amendment. BMC § 17.32.080(E) is amended as follows:
“E. Rear Yards.
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City of Bellflower
Ordinance No. 1443
1. Interior lots must have a rear yard for residential buildings and structures of eight feet when adjacent to living areas and bedrooms and five feet for secondary walls.
2. Through lots must have a rear yard for residential buildings and structures of 15 feet for one-story buildings and 20 feet for two-story buildings.” SECTION 29. Amendment. BMC § 17.32.080(B) is repealed.
SECTION 30. Amendment. BMC § 17.32.100 is amended to read:
“To minimize building bulk and mass, any new two-story residential structure must satisfy the 2/3 rule. The 2/3 rule requires the top story to be not more than 2/3 the size in total floor area of the bottom story.”
SECTION 31. Amendment. BMC § 17.08.010. (DEFINITIONS) is amended by removing the definition of “Community Care Facility” in its entirety.
SECTION 32. Amendment. BMC § 17.44.200 is repealed in its entirety.
SECTION 33. Amendment. BMC § 17.16.020 is amended by repealing subsection “N. Community Care Facility sewing six of fewer persons.” SECTION 34. Amendment. BMC § 1720.020 is amended by repealing subsection “H. Community Care Facility serving six of fewer persons.” SECTION 35. Amendment. BMC § 1724.020 is amended by repealing subsection “0. Community Care Facility serving six of fewer persons”.
SECTION 36. Amendment. BMC § 17.28.020(B) is amended by repealing subdivision “6. Community Care Facility serving six of fewer persons." . SECTION 37. Amendment. BMC § 17.32.020(B) is amended by repealing subdivision “5. Community Care Facility serving six of fewer persons." SECTION 38. Amendment. BMC § 17.44.030(A) is amended by repealing subdivision “22. Community Care Facilities."
SECTION 39. Amendment. BMC § 17.72 is amended by adding section 17.72.140 entitled “Community Care Facilities” as set forth in the attached Exhibit “C” which is incorporated by reference.
SECTION 40. Amendment. BMC § 17.08.010. (Definitions) is amended by removing the definition of “Emergency Shelter” in its entirety.
SECTION 41. Amendment. BMC § 17.44.020(A)(45) is repealed. -12-
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Ordinance No. 1443
SECTION 42. Amendment. BMC § 17.44.330 is repealed in its entirety.
SECTION 43. Amendment. BMC § 1754.040 entitled “Development Standards” is amended as follows:
“The development standards that apply to the underlying base zone apply unless and until the CENTZ is activated. If the CENTZ is activated, the requirements for emergency shelters set forth in this Title apply to the activated property and temporary shelters along with the following additional standards:
A. Standards, regulations, and any other requirement of the OCCW order take precedence over any conflicting provision of this Code.
B. Approval of the CENTZ and any development within the CENTZ rests solely within the City Council's discretion.”
SECTION 44. Amendment. BMC Chapter 17.72 is amended by adding section
17.72.130 entitled “Emergency Shelter” as set forth in the attached Exhibit “D” which is incorporated by reference.
SECTION 45. Amendment. BMC § 17.08.010 (Definitions) is amended by repealing the definition of “Supportive housing” in its entirety.
SECTION 46. Amendment. BMC § 17.16.180 entitled “Transitional/Supportive Housing” is repealed in its entirety.
SECTION 47. Amendment. BMC § 17.16.020(M) is repealed.
SECTION 48. Amendment. BMC § 17.20.020(G) is repealed.
SECTION 49. Amendment. BMC § 17.20.040(L) is repealed.
SECTION 50. Amendment. BMC § 17.24.020(N) is repealed.
SECTION 51. Amendment. BMC § 17.24.0400) is repealed.
SECTION 52. Amendment. BMC § 17.28.020(B)(5) is repealed.
SECTION 53. Amendment. BMC § 17.28.030(A) is repealed.
SECTION 54. Amendment. BMC § 17.32.020(B)(4) is repealed.
SECTION 55. Amendment. BMC § 17.32.030(J) is repealed.
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City of Bellflower
Ordinance No. 1443
SECTION 56. Amendment. The BMC is amended by establishing a new section entitled “17.72.120 Supportive Housing” as follows:
Ҥ 17.72.120. Supportive Housing.
This section is established to implement applicable law, including, without limitation, Government Code section 65650, as may be amended from time to time:
A. Review. Notwithstanding anything to the contrary in this Title, supportive housing will be processed ministerially upon compliance with this Section.
B. Standards. Supportive housing must satisfy all objective development standards in the underlying zoning designation.
C. Covenant. All units are subject to a recorded affordability restriction which must be submitted, reviewed, and approved by the Director, in a form approved by the City Attorney.”
SECTION 57. Amendment. BMC § 17.42.020 is amended to read:
“In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
This Chapter applies to only those persons who qualify as disabled pursuant to applicable law, including the California Fair Employment and Housing Ac SECTION 58. Amendment. BMC § 17.42.040 is amended to read:
“A. Approval Authority. The Director will review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Chapter.
B. Notice. No advance notice or public hearing is required for consideration of reaSonable accommodation requests by the Director.
C. Decision. The Director will render a decision within 30 days after the application is deemed complete, and approve, approve with conditions or deny the application, based on the findings in this Chapter. The decision will be in writing and mailed to the applicant.” SECTION 59. Amendment. BMC § 1.7.42.050(A) is amended to read:
“A. Any decision on an application under this Chapter will be supported by written findings addressing the criteria set forth in this Section. An application under this -14".
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Ordinance No. 1443
Chapter for a reasonable accommodation will be granted if all of the following findings are made:
1. The housing, which is the subject of the request, will be used by a disabled individual as defined under the applicable law.
2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City.
4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including, without limitation, land use and zoning.”
SECTION 60. Amendment. BMC § 17.42.060 is repealed in its entirety.
SECTION 61. Amendment. The BMC is amended by repealing and replacing Chapter 17.14 as set forth in the attached Exhibit “E” which is incorporated by reference.
SECTION 62. Renumbering. All subsections, and subdivisions of the BMC affected by changes implemented by this Ordinance are appropriately renumbered.
SECTION 63. Approval. Based on the above findings, the City Council approves ZOTA 25-01, as set forth in Exhibits A through E, attached to this Ordinance and incorporated by this reference.
SECTION 64. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 65. Enforceability. Repeal of any provision of the BMC 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 66. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other city ordinance to remain in full force and effect for all purposes.
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City of Bellflower
Ordinance No. 1443
SECTION 67. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 68. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 69. 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 provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 70. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 71. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 72. Recordation. 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 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 73. Effective Date. This Ordinance will take effect on the 30‘“ day following its final passage and adoption.
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City of Bellflower
Ordinance No. 1443
ORDINANCE NO. 1443 HAD ITS FIRST READING ON APRIL 14, 2025, ITS SECOND READING ON , 2025, AND WAS DULY PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF , 2025.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
By:
Justin A. Tamayo, Assistant City Attorney
EXHIBITS:
Exhibit A: Density Bonus
Exhibit B: Accessory Dwelling Units
Exhibit C: Community Care Facilities
Exhibit D: Emergency Shelters
Exhibit E: Affordable Housing- Lot Consolidation
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Exhibit A
Density Bonus
"§ 17.41.010. Purpose and Intent.
This Chapter establishes procedures for implementing density bonus requirements set forth in Government Code Sections 65915, et seq, as may be amended from time to time (the "Density Bonus Act").
§ 17.41.020. Procedure.
A. In addition to any other requirement, applications for a density bonus must be filed on a form approved by the Director. An application must be filed concurrently with any other land use application required by this code. At the time the application is submitted, the applicant must pay all application fees established by City Council resolution.
The Director will process the Density Bonus Act application in the same manner as all applications required by this code.
Applications filed pursuant to this Chapter must include reasonable documentation to establish eligibility under the Density Bonus Act.
§17.41.020. Definitions.
Terms and phrases used in this Chapter have the same meaning as defined by the Density Bonus Act. Undefined words and phrases and have the same meaning as set forth in this Code. § 17.41.030. Bonuses and incentives.
A. Housing developments qualifying under the Density Bonus Act may receive a bonus or concession pursuant to this Chapter.
Where the density allowed under this Code is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed controls.
Before the Building Official issues a building permit, an applicant receiving bonuses or concessions under this Chapter must execute and record an agreement, in a form approved by the City Attorney, securing the continued affordability of all dwelling units in accordance with the Density Bonus Act and this Chapter.
All dwelling units benefitting from the bonuses or concessions under this Chapter must be concurrently built in the same manner as market rates. All affordable units must be integrated and reasonably distributed throughout the approved project with the market rate units to ensure a reasonable mix of affordable and market rate units.
Density Calculation. The area of any land required to be dedicated for street or alley purposes may be included as lot area for purposes of calculating the maximum density permitted by the underlying zone in which the project is located.
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§ 17.41.040. Amenities.
Residents of affordable units may not be charged for amenities not charged to other residents including, without limitation, access to recreational facilities, parking, cable television, and interior amenities like dishwashers and microwave ovens. Optional services for all residents must be the same. Tenants of affordable units may not be required to purchase additional services. § 17.41.050. Menu of Incentives.
Applicants with projects qualifying for incentives may request one or more of the following incentives; the number of incentives being requested must be consistent to the Density Bonus Act unless othen/vise authorized by the approving body:
A. Yard/Setback. Up to a 20% decrease in the required width or depth of any individual yard or setback, except along any property line that abuts an R-1 or more restrictively zoned property.
A landscaping plan must be submitted to the Director for approval.
B. Lot Vlfidth. Up to a 20% decrease from a lot width requirement. A landscaping plan must be submitted to the Director for approval. .
C. Floor Area Ratio.
1. A percentage increase in the allowable floor area ratio equal to the percentage of density bonus for which the project is eligible, not to exceed 35%; or
2. in lieu of the othen/vise applicable floor area ratio, a floor area ratio not to exceed those identified in the adopted General Plan Housing Element governing the project site.
D. Height. A percentage increase in the height requirement in feet equal to the percentage of density bonus for which the project is eligible. This percentage increase in height is applicable over the entire parcel regardless of the number of underlying height limits. For purposes of this subsection, height limits contained in this Title and adopted specific plans do not apply.
1. In any zone in which the height or number of stories is limited, this height increase will permit a maximum of 11 additional feet or one additional story, whichever is lower, to provide the affordable units.
2. No additional height can be permitted for that portion of a building in a project that is located within 50 feet of a lot classified in an R-1 or more restrictive zone.
3. No additional height is permitted for that portion of a building in a project that is located within 15 feet of a lot classified in the R—1 or more restrictive zone.
4. For each foot of additional height, the building must be set back one horizontal foot.
5. No additional height can be permitted for any portion of a building in a project located on a lot sharing a common lot line with or across an alley from a lot classified in an R-1 or more restrictive zone. This prohibition does not apply if the lot on which the project is located is within 1,500 feet of a transit stop but no additional height can be permitted for that portion of a building in the project that is located within 50 feet of a lot classified in an R-1 or more restrictive residential zone.
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E. Open Space. Up to a 20% decrease from an open space requirement. A landscaping plan must be submitted to the Director for approval.
§ 17.41.060. Request for Incentives.
A. For projects qualifying under the Density Bonus Act for which ministerial approvals are required, the following procedures apply:
1. Application. An applicant must file a request on a form provided by the Director, accompanied by fees established by city council resolution.
2. Director Authority. The Director will review applications for consistency with this Title.
B. Action. The City will approve a density bonus and requested incentive(s) unless the Director makes one or more of the written findings provided for under Government Code section 65915(d)(1).
C. Written Decision. The Director must transmit a written decision by first class mail to the applicant.”
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Exhibit B
Accessory Dwelling Units
Ҥ 17.17.010. Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Undefined words and phrases and have the same meaning as set forth in this Code or in applicable law. “Primary dwelling” means a residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more than one residential structure exists on a lot, the "primary dwelling" will either be the residential structure that was first issued a valid certificate of occupancy, or, when applicable, the largest residential structure on the lot.
“Tandem parking” means two or more automobiles parked in a line, one behind the other. § 17.17.020. Certificate of Occupancy.
A. The Building Official will not issue a final certificate of occupancy for an Accessory Dwelling Unit (“ADU") or Junior Accessory Dwelling Unit (“JADU") before the Building Official issues a final certificate of occupancy for the primary dwelling(s). Before the Building Official issues any final certificate of occupancy for an ADU and/or JADU, the property owner must record with the County Recorder a covenant, in a form approved by the City Attorney, satisfying applicable law, including this Section.
B. ADU may not be used in violation of this code, and any rental of the ADU must be for a term of 30 days or longer;
C. JADU must include the following:
1. The JADU may not be sold separately;
2. The JADU has size and attribute restrictions required by this code;
3. The property owner must occupy either the single-family residence in which the - JADU is permitted, or the newly created JADU.
4. The JADU cannot be rented for any period less than 30 days. . § 17.17.030. Application for Address Number.
Any ADU or JADU that includes a separate entrance from the main entrance of the Primary Dwelling, or will be improved with a new or separate utility connection directly between the unit and the utility, must submit an application for an address number. Address numbers will be determined by the Director pursuant to the procedures outlined in this code. Address numbers must be placed over the entrance to the ADU or JADU or on some other place where the number will be visible from the public right-of-way. When required by the Director, address identification must be provided in additional approved locations to facilitate emergency response.
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§ 17.17.040. Fees.
A. Except as provided in California law, all ADUs are subject to development impact fees proportional to the square footage of the primary dwelling unit in accordance with this code.
Except as provided by California law, each ADU must install a separate utility connection directly between the ADU and the utility, which is subject to a connection fee or capacity charge.
The City may charge reasonable inspection and construction fees for inspections and for all required permits. The fees will be established by City Council resolution and be assessed on the property owner.
An ADU will not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless the ADU is constructed simultaneously with a new primary single-family dwelling."
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Exhibit C
Community Care Facilities
Ҥ 17.72.140 Community Care Facilities.
A. Purpose. This Section reduces development constraints and regulates community care facilities for their orderly development.
B. Unless the contrary is stated or clearly appears from the context, the words and phrases used in this Section and have the same meaning as used in Health and Safety Code Section 1502, as may be amended from time to time, or as set forth in this Code.
C. Permitted uses. Community care facilities serving six of fewer persons are considered residential uses and may be permitted in those zones that allow residential uses.
D. Conditionally permitted use. A conditional use permit, approved by the Planning Commission pursuant to this Title, is required for:
1. Every community care facility in the C-G General Commercial zone; or
2. Residential care facilities serving seven or more persons in the following zones:
a. SF Single Family zone;
b. A-E Agricultural Estate zone;
c. R-1 Low Density Residential zone;
d. R-2 Medium Density Residential zone; or
e. R-3 Multiple Residential zone;
3. Standards. In addition to any other applicable law, the following standards apply to all community care facilities: ‘
a. Community care facilities serving six or fewer persons must comply with all development standards applicable to other residential uses in the same zone. b. Community care facilities serving seven or more persons must comply with all development standards applicable in the underlying zone, and all of the following:
i. One-half of a parking spaces must be provided for each bedroom in a residential care facility. Nonresidential care facilities must provide one parking space for every five persons residing at the facility, plus one parking space for every two persons employed at the facility.
ii. Residential care must not be located within:
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a) 500 feet of any public or private school, park or playground, and any on-sale or off-sale alcohol establishments; or
b) 1,000 feet of any other residential care facility for seven or more persons, including for the elderly.
iii. Occupancy Limits. A residential care facility within residential zones may not serve more than 20 persons.
4. Findings. Before approving a conditional use permit for a community care facility as permitted by this Section, the Planning Commission must find that the community care facility:
a. Will not result in adverse effects to, or jeopardize or endanger, the health, welfare, peace, or safety of persons in the surrounding area;
Will not adversely affect the livability of the surrounding neighborhood as a result of inadequate maintenance, prohibited activities, and/or operating characteristics; Conforms with applicable law, including, without limitation, this Title, the General Plan, the Building Standards Code, and appropriate State/ Federal licensing.
Will not result in nuisance activities including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, public urination, theft, assault, battery, vandalism, littering, loitering, illegal parking, noise levels above those allowed pursuant to the BMC, lewd conduct, or police detentions and/or arrests; The design of the physical structure is wholly consistent with the design and scale of the surrounding neighborhood;
The use and structure will not create measurable and identifiable adverse traffic impacts in the surrounding neighborhood, including a reduction in off-site parking within the surrounding neighborhood. In making this determination, the applicant must furnish sufficient information to the Director for evaluation."
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Exhibit D
Emergency Shelters
Ҥ 17.72.130. Emergency Shelter.
This section implements applicable law, including Government Code § 65583, related to the City’s assessment of housing needs.
A. Definitions. Terms and phrases used in this section have the same meaning as defined by Government Code section 65582, as may be amended from time to time. Undefined words and phrases and have the same meaning as set forth in this Code.
B. Zone. Emergency shelters may be permitted in the C-G (General Commercial) Zone and in the M-1 (Light Industrial) District, subject to the provisions of this Title.
C. Standards. Emergency shelters must satisfy the following:
1. Occupancy cannot exceed 30 occupants at any one time.
2. Provide one parking space for each person working in the emergency shelter, if the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
3. All proposed on-site intake and waiting areas must be separated from the public right-of—way and be fully screened from public view. Exterior intake and waiting areas must be covered by a permanent structure. The intake and waiting area must be suitably sized to prevent queuing in the public right-of—way or within any parking lot but cannot exceed 400 square feet.
4. Each emergency shelter must have an on-site management office and implement a management plan which includes, without limitation:
a. Maintaining a minimum of one staff member for every 15 beds when the emergency shelter is in operation.
b. Training emergency shelter staff persons in operating procedures, safety plans, and assisting clients. The emergency shelter may not employ any person who has been convicted of a felony or who are required to register as a sex registrant under Penal Code § 290.
c. Maintaining current information on all individuals utilizing the emergency shelter and referral sheets for persons who, for any reason, cannot be served by the emergency shelter.
d. Screening individuals for admittance eligibility, with the objective of first providing services to individuals with connections to the City’s jurisdiction. e. Continuously monitoring waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provided because of time or resource constraints, then Page1 of2
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D.
informing prospective clients of alternative programs and locations where similar services are provided.
f. Removing all litter on and within the vicinity of the emergency shelter daily.
9. Establishing standards for responding to emergencies and incidents, expelling clients from the facility, and establishing re-admittance policies for clients who have been expelled.
h. Establishing policies and procedures that prohibit alcohol and illegal drug use, and expelling persons in possession of such substances on the premises.
5. Not more than one emergency shelter is permitted within a radius of 300 feet from another emergency shelter.
6. Individual occupancy in an emergency shelter is limited to four months during any 12 consecutive month period.
7. Exterior lighting must be provided at all building entrances and outdoor activity areas, and must be activated between sunset and sunrise of each day.
8. Each emergency shelter must have at least one on-site security personnel present while the emergency shelter is operational.
9. The emergency shelter may provide one or more of the following specific facilities and services including, without limitation:
a.
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Commercial kitchen facilities designed and operated in compliance with applicable law;
Dining area;
Laundry;
Recreation room;
Support services (e.g., training, counseling); and
Child care facilities.
Procedure. A permit application for an emergency shelter will be considered and approved ministerially by the Director."
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Exhibit E
Affordable Housing — Lot Consolidation
“BMC Chapter 17.14. AFFORDABLE HOUSING - LOT CONSOLIDATION.
17.14 Affordable Housing - Lot Consolidation
§ 17.14.010. Intent and Purpose.
The purpose and intent of this Chapter is to incentivize lot consolidation for housing development, and redevelopment in underutilized portions of the City, and support more compact and- higher-density rental and owner-occupied residential developments affordable to lower income households.
§ 17.14.020. Definitions.
Terms and phrases used in this Chapter have the same meaning as defined by the California Code of Regulations, including 25 CCR § 6912, et. seq., as may be amended from time to time, and as provided below. Undefined words and phrases have the same meaning as set forth in this Code. '
“Affordable Housing Project" means new development consisting of residential units restricted to occupancy by Lower Income Households. For purposes of this Chapter, Affordable Housing Project includes a mixed use project with ground- -Ievel commercial uses, provided that the residential uses account for not less than 85% of the Affordable Housing Project’s gross floor area.
§ 17.14.030. Applicability.
This Chapter applies to Affordable Housing Projects that include consolidation of two or more contiguous legal lots for the purposes of establishing an Affordable Housing Project. § 17.14.040. Minimum Standards for Lot Consolidation.
An Affordable Housing Project submitted pursuant to this Chapter must comply with all the following minimum standards:
A. Number of Residential Units. The Affordable Housing Project must include not less than 16 residential units, and amount to a development density of not less than 30 dwelling units per acre.
B. Development Standards. All development standards in the underlying zone are applicable, except as otherwise authorized by this Chapter.
C.Affordability. The property owner or authorized representative must record a covenant against title to the resulting lot, in a form approved by the City Attorney, securing the
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continued affordability of all dwelling units in accordance with the Density Bonus Act, California Code of Regulations, and any other applicable law governing Affordable Housing Costs and Affordable Rent. The Restrictive Covenant must be recorded against the property before the issuance of the first construction permit. The property owner or authorized representative must annually report affordable housing costs to the Director.
D. Underutilized Lot. At least one of the lots proposed for consolidation must be less than or equal to 0.16 acres in gross area.
§ 17.14.050. Submittal Requirements.
The property owner or authorized representative must file an application on forms provided by the Director, together with required filing fees, a chain of title, and other information that may be required by the Director or Engineer. § 17.14.060. Review.
All Affordable Housing Projects submitted pursuant to this Chapter which include lot consolidation of four lots or less are subject to Development Review by the Director. The Director will evaluate all other Affordable Housing Projects for compliance with this Chapter before scheduling for a public hearing before the approving body pursuant to this Code.
§ 17.14.070. Incentives.
Affordable Housing Projects that satisfy the requirements of this Chapter may select not more than three of the following incentives:
A. Lot coverage. When the project proposes the maximum density allowed per the underlying zone, a five percent increase in maximum allowed building coverage.
B. Landscape requirements. When the project proposes the maximum density allowed per the underlying zone, a 10% reduction in minimum landscape requirements.
C. Setbacks. When the project proposes the maximum density allowed per the underlying zone, all required setbacks may be reduced to five feet, except when any property line of the consolidated lot abuts a parcel zoned for low-density residential uses, in which case the setbacks identified in the underlying zone apply.
D. Parking Reduction. A reduction in the number of required parking spaces may be ' granted by the Director, provided the property owner, or authorized agent, submits a parking study prepared by a traffic engineer which evaluates parking impacts and demands and demonstrates sufficient off-street parking to accommodate the use in support of reduction for review and approval to the Director and City Engineer.
G.
Parking Alternatives. Tandem, shared and off-site parking options may be permitted when a parking study, prepared by a traffic engineer, is submitted to the Director for review and approval, which demonstrates sufficient off-street parking and circulation to accommodate the use.
Minimum Group Open Space. The required amount of group open space may be reduced by five percent.
Small Lot Subdivisions. The minimum lot size required by the underlying zone may be reduced to not less than 4,000 square feet.
§ 17.14.080. Findings.
Before approving any Affordable Housing Project, including incentives pursuant to this Chapter, the approving authority must find all of the following:
A.
B.
The application satisfies the provisions of this Chapter.
The granting of the requested incentives will not result in any adverse impacts to adjacent properties clue to an encroachment of building elements that would substantially reduce such property's access to light and air, the privacy enjoyed by the adjacent residents, or othen/vise reduce the reasonable use of the property.
In granting a reduction in the number of parking spaces and/or parking alternatives, the approving authority must find that the Affordable Housing Project will provide sufficient parking to accommodate the proposed use.”
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