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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
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1446 — An Ordinance amending Bellflower Municipal Code Chapter 17 (Accessory Dwelling Units) governing maximum allowable square footage.
DATE: May 27, 2025
EXECUTIVE SUMMARY
Ordinance No. 1446 was introduced on May 12, 2025. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.
RECOMMENDATION T9 CITY CQIJNCII=
1) Waive further reading and adopt Ordinance No. 1446; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is a cost for codifying the proposed ordinances within the Bellflower Municipal Code (“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.
ATTACHMENTS
Ordinance No. 1446 ......................................................................................................... 2 May 12, 2025, Staff Report (Without Attachments) .......................................................... 5
CITY OF BELLFLOWER
ORDINANCE NO. 1446
AN ORDINANCE AMENDING BELLFLOWER MUNICIPAL CODE
CHAPTER 17 (ACCESSORY DWELLING UNITS) GOVERNING
MAXIMUM ALLOWABLE SQUARE FOOTAGE
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. This Ordinance is adopted pursuant to Government Code§ 36937 and the Beliflower City Charter. Articles II, III, and IV of the Charter provide that the City may enact all laws governing its municipal affairs. Pursuant to Article l|l(B) of the Charter, the City Council finds that the law enacted by this Ordinance will not ' unduly burden a person’s ability to pursue economic opportunities and safe and legal residential housing. To the contrary, it is intended to increase housing opportunities.
SECTION 2. Planning Agency. Pursuant to BMC § 2.32.050(F), the City Council is acting as the Beliflower Planning Agency for purposes of the Project.
SECTION 3. Environmental Assessment. This Ordinance incorporates the CEQA findings in Ordinance No. 1443 by reference. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA Guidelines §§ 15075, and any other applicable law.
SECTION 4. Zoning Ordinance Text Amendment Findings. Pursuant to BMC § 17.104.030, the City Council makes the following findings:
A. 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. The Ordinance would simply update the BMC by providing a maximum size for ADUs consistent with California law.
B. This Ordinance promotes public health, safety and general welfare by ensuring that ADUs are developed in accordance with California law.
C. This Ordinance will not adversely affect the City's General Plan or zoning regulations set forth in the BMC.
D. This Ordinance will not unduly burden a person’s ability to pursue economic opportunities in that it is intended to broaden the availability of legal residential housing within the City’s jurisdiction by allowing a larger size for ADU than the California mandate, which allows for more economic opportunities including, without limitation, increasing property value.
City of Bellflower
Ordinance No. 1446
SECTION 5. General Plan Findings. The findings set forth in Ordinance No. 1443 are incorporated by reference.
SECTION 6. Amendment. Based on the above findings, the City Council adds a new BMC § 17.17.050 to read as follows:
Ҥ 17.17.050. Maximum Size
An Accessory Dwelling Unit, whether attached or detached, may not exceed 1,200 square feet in gross area.”
SECTION 7. Codification. All subsequent section numbers within BMC Chapter 17.17 are renumbered in accordance with the changes implemented by this Ordinance. The City Council intends that this Ordinance be harmonized with Ordinance No. 1443 when codified within the BMC.
SECTION 8. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 9. 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 actibn or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 10. 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 11. 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 12. 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.
City of Bellflower
Ordinance No. 1446
SECTION 13. Publication. The City Clerk 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 14. 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 15. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 16. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 17. 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 18. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.
ORDINANCE NO. 1446 HAD ITS FIRST READING ON MAY 12, 2025, ITS SECOND READING 0N MAY 12, 2025, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF MAY 27, 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
«1 of BELLFLOWG
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WW af 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
SUBJECT: Consideration and possible action to: 1) adopt Urgency Ordinance No. 1444 - An Urgency Ordinance amending Bellflower Municipal Code Chapter 17 (Accessory Dwelling Units) governing maximum allowable square footage; 2) adopt Urgency Ordinance No. 1445 - An Urgency Ordinance amending Bellflower Municipal Code Chapter 17 (Accessory Dwelling Units) governing the number of allowable accessory dwelling units; 3) read by title only, waive further reading, and introduce Ordinance No. 1446 — An Ordinance amending Bellflower Municipal Code Chapter 17 (Accessory Dwelling Units) governing maximum allowable square footage; and 4) read by title only, waive further reading, and introduce Ordinance No. 1447 — An Ordinance amending Bellflower Municipal Code Chapter 17 (Accessory Dwelling Units) governing the number of allowable accessory dwelling units. (Matter continued from April 28, 2025) DATE: May 12, 2025
EXECUTIVE SUMMARY
On April 28, 2025, Ordinance No. 1443 was adopted by the City Council. During that meeting, the City Council also provided direction regarding regulatory changes governing Accessory Dwelling Unit (“ADU”) size and number of units.
If adopted, the draft ordinances would amend Bellflower Municipal Code (“BMC”) Chapter 17 governing ADUs. There are, effectively, two ordinances being proposed: one governing size and the other governing the number of ADUs. The urgency ordinances are secured by the regular ordinances; the former take effect immediately and the latter would take effect 30 days after second reading.
RECOMMENDATIQN T9 CITY COUNCIL
it is recommended that the City Council consider:
1) Adopt Urgency Ordinance Nos. 1444 and 1445 by at least a four-fifths (4/5) vote to take effect immediately;
2) Read by title only, waive further reading, and introduce Ordinance Nos. 1446 and 1447. Second reading and possible adoption would occur on May 27, 2025; or 3) Alternatively, discuss and take other action related to this item.
Staff Report — Ordinance Nos. 1444, 1445, 1446, and 1447 May 12, 2025
FISCAL IMPACT
There is a cost for codifying the proposed ordinances 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.
BACKGROUND
During the April 14, 2025 Meeting, the City Council asked for additional information regarding regulation of ADUs: (1) the size of ADUs; and (2) how many could be built (or converted) on a single lot.
These matters were discussed during the April 28, 2025 Meeting. The City Council directed the City Manager to draft ordinances for consideration that would amend the regulations adopted via Ordinance No. 1443 governing ADUs to increase the size and clarify the number allowed by lot. Ordinances implementing the Council’s direction are attached for consideration.
DISCUSSION
. Maximum ADU Size
Urgency Ordinance No. 1444 and Ordinance No. 1446 add a new subsection (BMC § 17.17.050) to read as follows:
Ҥ 17.17.050. Maximum Size
An Accessory Dwelling Unit, whether attached or detached, may not exceed 1,200 square feet in gross area.”
This is the regulation currently within the BMC (i.e., before being amended by Ordinance No. 1443). Accordingly, the recommended language would maintain the status quo. This regulation is permitted by Government Code § 66321 that provides that “a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units."
a Number of Accessory Dwelling Units on Lots with Multifamily Dwellings UrgencyOrdinance No. 1445 and Ordinance No. 1447 add a new subsection (BMC § 17.17.060) to read as follows:
“§ 17.17.060. Number of ADUs on Lots with Multifamily Dwellings An applicant may develop multiple ADUs within the portions of existing multifamily dwelling units that are not used as livable space and multiple detached ADUs on lots with existing or proposed multifamily dwellings, provided that the development satisfies all development standards applicable in the underlying zone in which the property is located.”
Staff Report — Ordinance Nos. 1444, 1445, 1446, and 1447 May 12, 2025
DISCUSSION — Continued
This proposed amendment provides for an opportunity to increase the number of allowable ADU for lots containing multifamily dwelling unit. The proposed amendment allows for more ADU on the lot by “combining” the maximum allowable number of units allowed under conversion (Government Code § 66323(a)(3)) and the maximum allowable number of new ADU construction (Government Code § 66323(a)(4)). For a project to qualify under the combination scenario, the project must be designed in full compliance with the development standards for the subject lot's applicable zoning. If the project is unable to meet all zoning develbpment standards, the number of ADU would be based on the “default” statute that 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.
ATTACHMENTS
. Urgency Ordinance No. 1444 ............................................................................. .' April 28, 2025, Staff I hout Attachments) ................................................. 39 . April 14, 20 eport (Without Attachments) ................................................. 42 e § 66310-66342 ....................................................................................... 47 :onmpow>
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