Bellflower City Council
April 28, 2025

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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: (1) waive further reading and adopt 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 (“BMC") to implement the Housing Element; and (2) discuss the implementation of the State law pertaining to Accessory Dwelling Units.

DATE: April 28, 2025

EXECUTIVE SUMMARY
Ordinance No. 1443 was introduced on April 14, 2025. Second reading and adoption is recommended. If adopted, the Ordinance will take effect in 30 days.

At its April 14, 2025 Meeting, the City Council directed staff to provide more information on Accessory Dwelling Unit (“ADU”) requirements, specifically the maximum square footage and the number of ADU allowed. The Director of Planning and Building Services (“Director”) is seeking further direction on ADU regulations, specifically the allowable square footage and the number of allowable units.

RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider:
1) Waive further reading and adopt Ordinance No. 1443; and 2) Provide the Director with further direction on implementing the State law pertaining to ADUs; or -
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
There is a cost for codifying the proposed ordinance within the BMC along with publication, etc. These are already anticipated as part of the City’s budget. No additional direct fiscal impact is identified. Indirectly, the proposed actions will assist the City with obtaining State and federal grants.

Staff Report — Ordinance No. 1443
April 28, 2025

DISCUSSION
On April 14, 2025, the City Council held a public hearing to consider Zoning Ordinance Text Amendment Case No. ZOTA 25-01 amending various provisions of Title 17 (Zoning) of the BMC to implement the Housing Element. One of the amendments included amending the City’s ADU regulations.

As recommended during the public hearing, Ordinance No. 1443 applies the “default” California law (Gov. Code § 66323). This is intended to be more efficient given the Legislature’s decision to constantly change the ADU laws required adjustments and amendments that are costly and time consuming. The City Council introduced Ordinance No. 1443 and directed the Director to return with a discussion for the City Council to provide more information regarding ADUs, specifically the maximum allowable square footage and the allowance for a combination of new and converted ADUs on a single lot.

During the presentation, the City’s Planning Consultant noted that the proposed ADU amendment includes, without limitation.
- Maximum allowable square footage of 800 square feet for ADUs; and - Maximum number of allowable ADUs for multifamily lots (conversion o_r new construction — rather than a combination of the two scenarios). , Government Code § 66321 provides that “a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.” Such regulations, however, may not establish a “maximum square footage requirement that is less than either of the following [e]ight hundred fifty square feet.” In other words, the City Council may establish a greater limit than 850 square feet. Such regulations must be adopted by ordinance in accordance with the City Charter.

Until Ordinance No. 1443 becomes effective, the City allows a maximum floor area of 1,200 square feet for new detached ADUs. The Director recommends the City'Council maintain the maximum allowable square footage for new detached ADUs at 1,200 square feet. Should the City Council decide to maintain the current maximum allowable square footage, then an ordinance will be presented at a future date.

Additionally, the maximum number of allowable ADUs for multifamily lots is based on Government Code § 66323(a) which states “[n]otwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following” (emphasis added).

This Government Code allows multiple ADUs: (1) within portions of existing multifamily dwelling units, up to 25% of the number of existing multifamily units; or (2) on a lot with a multifamily dwelling, not to exceed eight ADUs or the number of existing units on the lot.

Currently, the City allows applicants to combine these provisions (i.e., conversions up to 25% and multiple detached ADUs not to exceed eight ADUs or the number of existing units on the lot).

Staff Report— Ordinance No. 1443
April 28, 2025

DISCUSSION — Continued
Given the Legislature’s use of the term “any” rather than “all” in Government Code section 66323(a), the Director recommends the City Council apply the State law to allow multiple ADUs on a lot with a multifamily dwelling as either conversions or detached ADUs, pursuant to Government Code section 66323(a)(3)—(4) respectively but not a combination of both.

The Director recommends the City Council waive further reading and adopt Ordinance No. 1443 and provide direction regarding the two considerations above.

ATTACHMENTS
A. Ordinance No. 1443 ................................................................................................... 4 B. April 14, 2025, Staff Report (Without Attachments) .................................................. 28 C. Gov. Code § 66310-66342 ....................................................................................... 33

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”);
B. 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 Iot consolidation, removing constraints to development, and streamlining the review processes (“Project”); C. 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 §§1500¥0, et seq., the “CEQA Guidelines”); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as “CEQA Regulations”); D. Notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law;
E. .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 F. 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 heanng.

SECTION 2. Planning Agency. Pursuant to BMC § 2.32.050(F), the City Council is acting as the Bellflower Planning Agency for purposes of the Project.

SECTION 3. Factual Findings and Conclusions. The City Council finds as follows:

City of Bellflower
Ordinance No. 1443

A. On January 20, 2022, the City Council adopted the HE for the 2021-2029 E.
planning period. On September 9, 2022, the Department of Housing and Community Development (“HCD”) certified Bellflower’s HE; 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);
. The proposed ZOTA allows for development to accommodate the City of Bellfiower's 2021-2029 RHNA;
The ZOTA establishes a regulatory framework of future development and uses by amending Title 17 of the BMC that wouid be applicable citywide, as it pertains to relevant State laws and the HE as shown on Exhibits A through E; and
The City Council initiated this Project through its adoption of the HE.

SECTION 4. 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. . Changing the regulatory framework for future deveiopment and uses within the BMC is an activity contemplated by MND 21-01.

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. . 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 5. 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.

City of Bellflower
Ordinance No. 1443

SECTION 6. 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:

A. Land Use Element — General Policy 1.2: “Encourage opportunities to sensitively integrate different, but compatible, land uses”; . 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”;
Housing Element — Goal 2: “Provide a variety of housing types to accommodate special needs groups and all economic segments of the City”; Housing Element — Goal 3: “Minimize the impact of governmental constraints on housing production and affordability”; ‘
Housing Element — Policy 5.3: “Encourage infill development and reuse of underutilized land, where reuse is consistent with desired neighborhood character”; and
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 7. 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.

City of Bellflower
Ordinance No. 1443

C. 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.

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 8. 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 9. Amendment. The definition of “Accessory Dwelling Unit” within BMC § 1708.010 is removed in its entirety.

SECTION 10. Amendment. BMC § 17.16.020(L) is repealed.

SECTION 11. Amendment. BMC § 17.16.170 is repealed in its entirety.

SECTION 12. Amendment. BMC § ‘1 7.20.020(E) is repealed.

SECTION 13. Amendment. BMC § 17.20.200 is repealed in its entirety.

SECTION 14. Amendment. BMC § 17.24.020(M) is repealed.

SECTION 15. 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 16. 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:

City of Bellflower
Ordinance No. 1443

SF Single Family Residential
R1 Low Density
AE Agricultural Estate Zone
R-2 Medium Density Residential
R—3 Multiple Residential
SCH Senior Citizen Housing
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 17. 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 18. 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 19. 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 20. 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

City of Bellflower
Ordinance No. 1443

“D.
“E-
front yard setback. Notwithstanding, properties with less than the minimum required front yard setback may be deemed conforming pursuant to this Title.” SECTION 21. Amendment. BMC § 17.28.080(D) is amended as follows:

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.” SECTION 22. Amendment. BMC § 17.28.080(E) is amended as follows:

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 23. Amendment. BMC § 17.28.080(E) is repealed.

SECTION 24. 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 25. 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 26. 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." “A.

SECTION 27. Amendment. BMC § 17.32.080(A) is amended as follows:

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.”

City of Bellflower
Ordinance No. 1443

SECTION 28. 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 29. Amendment. BMC § 17.32.080(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 30. Amendment. BMC § 17.32.080(B) is repealed.

SECTION 31. 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 32. Amendment. BMC § 17.08.010. (DEFINITIONS) is amended by removing the definition of “Community Care Facility” in its entirety.

SECTION 33. Amendment. BMC § 17.44.200 is repealed in its entirety.

SECTION 34. Amendment. BMC § 17.16.020 is amended by repealing subsection “N. Community Care Facility serving six of fewer persons.” SECTION 35. Amendment. BMC § 1720.020 is amended by repealing subsection “H. Community Care Facility serving six of fewer persons.” SECTION 36. Amendment. BMC § 1724.020 is amended by repealing subsection “0. Community Care Facility serving six of fewer persons”.

SECTION 37. Amendment. BMC § 17.28.020(B) is amended by repealing subdivision “6. Community Care Facility serving six of fewer persons.” SECTION 38. Amendment. BMC § 17.32.020(B) is amended by repealing subdivision “5. Community Care Facility serving six of fewer persons.” SECTION 39. Amendment. BMC § 17.44.030(A) is amended by repealing subdivision “22. Community Care Facilities.”

City of Bellflower
Ordinance No. 1443

SECTION 40. 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 41. Amendment. BMC § 17.08.010. (Definitions) is amended by removing the definition of “Emergency Shelter” in its entirety.

SECTION 42. Amendment. BMC § 17.44.020(A)(45) is repealed.

SECTION 43. Amendment. BMC § 1744.330 is repealed in its entirety.

SECTION 44. Amendment. BMC § 17.54.040 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 45. 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 46. Amendment. BMC § 17.08.010 (Definitions) is amended by repealing the definition of “Supportive housing” in its entirety.

SECTION 47. Amendment. BMC § 1716.180 entitled “Transitional/Supportive Housing" is repealed in its entirety.

SECTION 48. Amendment. BMC § 17.16.020(M) is repealed.

SECTION 49. Amendment. BMC § 17.20.020(G) is repealed.

SECTION 50. Amendment. BMC § 17.20.040(L) is repealed.

SECTION 51. Amendment. BMC § 17.24.020(N) is repealed.

SECTION 52. Amendment. BMC § 17.24.0400) is repealed.
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City of Bellflower
Ordinance No. 1443

SECTION 53. Amendment. BMC§ 17.28.020(B)(5) is repealed.

SECTION 54. Amendment. BMC § 17.28.030(A) is repealed.

SECTION 55. Amendment. BMC§ 17.32.020(B)(4) is repealed.

SECTION 56. Amendment. BMC § 17.32.0300) is repealed.

SECTION 57. 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.

0. 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 58. 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 Act.” SECTION 59. 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.

City of Bellflower
Ordinance No. 1443

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 60. Amendment. BMC § 17.42.050(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 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 61. Amendment. BMC § 17.42.060 is repealed in its entirety.

SECTION 62. 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 63. Renumbering. All subsections, and subdivisions of the BMC affected by changes implemented by this Ordinance are appropriately renumbered.

SECTION 64. 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 65. 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. -13-

City of Bellflower
Ordinance No. 1443

SECTION 66. 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 67. 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.

SECTION 68. 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 69. 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 70. 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 71. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §1'6.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 72. 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.
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City of Bellflower
Ordinance No. 1443

SECTION 73. 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 74. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.

ORDINANCE NO. 1443 HAD ITS FIRST READING ON APRIL 14, 2025, ITS SECOND READING ON APRIL 28, 2025, AND WAS DULY PASSED, APPROVED,

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF APRIL 28, 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
Ҥ 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 Ac ").
§ 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 otherwise 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 Width. 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 otherwise 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
"§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. .

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.

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.

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, orjeopardize 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.

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.

Standards. Emergency shelters must satisfy the following:

1. 2.

Occupancy cannot exceed 30 occupants at any one time.

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.

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.

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.
rh
s
n
s
z
p
s
r

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-level 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 folIowing 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.

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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 due 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 otherwise 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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E , 6d 0? B LLFLOWGQ
, ,— ,,, -
'9 1“ XIII» 4.3 (“$7, st f . °R°Mmman¢ a teport
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 1? (Zoning) oi the Bellflower Municipal Code to implement the Housing Element.

DATE: April 14,2025
EECOMMENDATION TO CITY COLINCH;~
1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, read by titie 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.

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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 Bellfiower 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 3 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.
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Staff Report - Zoning Ordinance Text Amendment Case No. ZOTA 25-01 April 14, 2025

BACKGROUND
.:. 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 sewing seven or more persons in residential zones, and imposes objective standards. (Exhibit C).
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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 residentiai 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—‘i, 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 2/3’d rule);
. establishing explicit setbacks (Le, 15 feet for one-story buildings wand 20 feet for two-story buildings), rather than setbacks based on formula . 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 harrnonizes 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) -51-

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 ' ' ' "‘........... ............................................ 6 -32-

LEGISLATIVE INFORMATION
Home Bill information : California Law Publications i other Resources _ My Subscriptions 1 My Favorites Code- Section: 1or20r1001 I (D
' . lid: W GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [55000 - 66499.58] (Heading of Title 7' amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342] ( Heading afDlvislon 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342] { Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ARTICLE 1. General Provisions [66310 - 66313] (Article 1 added by Stats. 2024, Ch. 7, Sec. 20. ) 25319- The Legislature finds and declares all of the following:
(a) Accessory dwelling units are a valuable form of housing in California. (b) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (c) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(d) Allowing accessory dwelling units in single—family or multifaniiy residential zones provides additional rental housing stock in California.
(e) California faces a severe housing crisis.
(f) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to buiid green infill consistent with state greenhouse gas reduction goals, and the well~ being of our citizens, particularly lower and middle-income earners. (g) Accessory dwelling units ofl’er lower cost housing to meet the needs of exisb'ng and future residents within existing neighborhoods, while respecting architectural character. (h) Accessory dwelling units are, therefore, an essential component of California's housing supply. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi’ectr've March 25,. 2024.) $313: It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) $12- Notwithstanding Section 65803, this chapter shall also apply to a charter city. addé‘d by $555. 2524,Ch7, $35.20.. 733177} Efiécu“”‘ve“ii'a“r& 2, 2024:}. ' 9—913: For purposes of this chapter:
(a) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. -33-

(b) “Accessory structure” means a structure that is accessory and Incidental to a dwelling located on the same lot. (c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) “Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a galage or any accessory structure.
(9) “Local agency” means a city, county, or city and county, whether general law or chartered. (h) “Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
(i) “Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (j) “Passageway” means a pathway that is unobstructed ciear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and speciai diStricts. (i), “Proposed dwelling" means a dwelling that is the- subject of a permit application and that meets the requirements for permitting. .
011) “Public. transit" means a location, induding, but not iimited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on. fixed! routes, and are avaiiable to the public.
(n) “Tandem parking” means that two or more automo-biies are parked on a driveway or in any other iocation on a. lot, lined up behind one another.
(Amended by Stats. 2024, Ch. 296, Sec. 1. (SB 1211} Effective January 1, 2025.) -34-

LEGISLATIVE INFORMATION A
Home
!
Billlnformation ’ CaiifornlaLaw Publications Other Resources ‘ My Subscriptions MyFavorites Codoz— Section: iorzo'rioor (D
no: AW

GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.53] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [55000 -66342] (Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [5831!) - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ARTICLE ZAccessory Dwelling Unit Approvals [68314 - 66332] ( Artide 2 added by Stab. 2024, Ch. 7, Sec. 20. ) m A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single—family or multifamily dwelling residential use. The ordinance shall do all of the following:
(a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.

The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (in) (I) Impose objective standards on accessory dwelling uniis that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a, unit, and standards that prevent adverse impacts on any real property that is listed in the California. Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(d) Require the accessory dwelling units to comply wifi'i all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
(2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. -
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or exerting primary dwelling and located on the same lot as the proposed o’r "éxistirig primary dwelling, including detached garages.
(4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit -3 5-

or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (C) This subparagrarph shall not apply to an accessory dwelling unit that is described in Section 66322. (11) When a garage, carport, covered parking, structure, or uncovered parking space is demolished in conjunction:
with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those off'street parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement: for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (f) An accessory dwelling unit ordinance shall not require, and the applicant shall; not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ' accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(Amended by Stats. 2024, Ch. 296, Sec. 2. (SB 1211) Effective January 1, 2025.) Eli Section 66314 establishes the maximum standards that a local agency shall use to evaluate a» proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner—occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer; (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) M4 An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a- local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as othen/vise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) M (a) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory I
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dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dweiling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shail be the basis for the delay or denial of a building permit or a use permit under this section. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) m (a) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article.
(b) An accessory dweliing unit ordinance shail not be considered in the appiication of any local ordinance, policy, or program to limit residentiai growth.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi‘ecfive March 25, 2024.} 3311 An accessory dweiiing unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory buriiding and shall not be considered to exceed the ailowabie density for the iot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the iot. The accessory dwelling unit shalt not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi'ective March 25, 2024.) M- (a) When a loaf agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerialiy without discretionary review pursuant to Section 66317. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministeriaily without discretionary review or a hearing.

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 51331: (a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. -37-

(b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following:
(1) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(2) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(A) Eight hundred fifty square feet.
(B) One thousand square feet for an accessory dwelling unit that provides more than one bedroom. (3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (4) Any height limitation that does not allow at least the following, as applicable:
(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(5) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional: two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch: of the primary dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi'ective March 25, 2024'.) m Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:
(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit. (2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
{3) Where the accessory dwelling, unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits arerequiredbut not. offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single—family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision. (b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) -38-

m (a) Notwithstanding Sections 66314 to 65322, inclusive, a local agency shall ministeriaily approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single- famiiy dwelling if all of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single- family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (I). A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet. (8) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (5} 0f Section 66321, as applicable.
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units.

However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. (3) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (d) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire -39-

sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (9) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (Amended by Stats. 2024, Ch. 296, Sec. 3. (SB 1211) Effective January 1, 2025. ) $3211 (a) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (b) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee" is defined in subdivision (b) of Section 66000, except that it also includes tees specified in Section 66477. “Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (d) For an: accessory dwelling unit described in paragraph (1} of subdivision (a) or Section 66323, a: local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling; unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) m (a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) m (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article.
(b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article. (2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
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(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall Include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department.
(c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department's findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) m The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this article. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) m A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before die local agency issues a certificate of occupancy for the primary dwelling. (Added by $135. 2024, Ch. 7, Sec. 20. (SB 477) Effeaive March 25, 2024.) m Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Ehrective'Mai-eh 25, 2024.) m- A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(Addedby Stats. 2024, Ch. 7, Sec. 20. (SB 477) EFFecfive March 25, 2024.) m- In enforcing building standards pursuant to Article 1 (commencing with Section 17950) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a): or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi'ective March 25, 2024.) 55332: (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
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idea-”m iii f / LEGISLATIVE INFORMATION
Home Bill lnfonnation canfumfa Law : Publications 3 Other Resources f My Subscriptions MyFavorites Code: SelectCodev Section: 1or20r1001 ‘ (D
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TITLE 7. PLANNlNG AND LAND USE [65000 - 66499.58] (Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024. Ch. 7, Sec. 20. ) ARTiCLE 3. Junior Accessory Dwelling Units [66333 -66339] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. ) m Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(3) Limit the number of junior accessory dwelling units to one per residential lot zoned for single‘family residences with a single-family residence built, or proposed to be built, on the lot. (b) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. miner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization-
(c) Require the recordationt of a deed restriction, which. shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(I) A prohibition on the sale of the junior accessory dwelfing- unit separate from the sale of the single—family residence, including a statement that the deed restriction may be enforced against future purchasers. (2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article. (cl) Require a permitted junior accessory dwefl’ing unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence. (e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.
(2) Ifa permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
(f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi‘ec‘tive March 25, 2024.) M5: (a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall not require additional parking as a condition to grant a permit.
(b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building -42-

standards.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) E5935 (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.
(2) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single—family dwelling on the lot.
(3) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
(4) If the applicant requests a delay, the 60-day time period shall be toiled for the period of the delay. (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Efi‘ective March 25, 2024.) m A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of ' the junior accessory dwelling unit.
(Added by SE38. 2024, Ch. 2, Sec. 20. (SB 477) Effective March 25, 2024.) M1: (a) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies unlfon'nly to all single- family residences within the zone regardless of whether the single~family residence includes a junior accessory dwelling unit or not.
(Added by Ski’s. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) m (a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single—family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) $333. If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section 66323 and the requirements of this article. (Added by Stats. 2024, Ch. 7, Sec. 20. ( SB 477 ) Effective March 25, 2024.) -43-

”a“ gl/W'QL .r i' LEGISLATIVE INFORMATION
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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [85000 - 66499.58] (Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342] (Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66319 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ARTICLE 4.Accessory Dwelling Unit Sales [56340 - 66342} ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. ) m For purposes of this article:
(a) “Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(b) ‘Quaalified nonprofit corporation" means a nonprofit corporation organized- pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no—Interest loan program.
(Added by Stats. 2024, Ch. 7, Sec. 20. (so 477) Effective March 25, 2024.) M A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(a) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. (b) There is an enforceable restriction on: the use of the land. pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (c) The property is held pursuant to- a- recorded tenancy in common agreement that includes all of the following:
(1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property. (3) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-Income housing for 45 years for mmner~occupled housing units and will be sold or resold to a qualified buyer. (5) If the tenancy in common agreement is recorded after December 31, 2021, it shall also Include all of the following: .
(A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied. (B) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the -44-

property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(C) Procedures for dispute resolution among the parties before resorting to legal action. (d) A grant deed naming the grantor, grantee, and describing the property interests being transfen‘ed shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or othenNise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 66342. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) $353: In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 56341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements:
(a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and ail objective requirements of a local subdivision ordinance.
(c) Before recordation of the condominium pian, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
(d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the reai property is located without each lienhoider’s consent. The following shall apply to the consent of a lienhoider:
(A) A lienholder may refuse to give consent.
(3) A lienholder may consent provided that any terms and conditions required by the llenholder are satisfied. (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the county recorder along with a signed statement from each llenholder that states as follows:
“(Name of llenholder) hereby consents to the recording of this condominium plan In their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the llenholder may have.” (3) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(A) The lienholder’s signature.
(B) The name of the record owner or ground lessee.
(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as reflected in the real property records. (E) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.
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(e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease. .

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in me consent above is true and correct.” (f) If an accessory dwelling unit is established. as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
(g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, snail not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
(2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090‘ of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association. (h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (so 477) Effective March 25, 2024.) -45-