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Bellflower City Zoning Code

CHAPTER 17

84 CONDOMINIUM CONVERSIONS

§ 17.84.010 General Purpose.

Conversion of single ownership multi-family residential uses, such as apartments to multiple ownership multi-family residential uses, such as common interest developments, creates special community problems, both social and economic. Conversion projects could increase urban densities to levels where they lead to conditions of mismanagement, neglect and blight that could impact the public health, safety, welfare and economic prosperity of the City. Conversions could significantly affect the balance between rental and ownership housing within the City, thereby, reducing the variety of individual choices of tenure, type, price, and location of housing; increasing overall rents; and decreasing supply of rental housing for all income groups.
This chapter establishes a process for reviewing and approving proposed conversion projects, provides development standards and guidelines to regulate design of conversion of those projects, and ensures existing structures are maintained according to current codes and requirements. The provisions of this chapter apply to any proposal to change ownership interest in real property by converting any single ownership residential use of three or more dwelling units to a community apartment project, condominium project, planned development, stock cooperative or something similar common interest development (collectively, "common interest development").
The purposes of this chapter are:
A. 
To establish procedures for City review and approval of proposed conversion projects;
B. 
To ensure converted residences achieve a high standard of appearance, quality and safety;
C. 
To establish development standards and guidelines to assist future developers in their design of conversion projects and to provide a basis for the City to review, regulate, and approve proposed conversion projects;
D. 
To ensure proposed conversion projects are designed according to current City standards and guidelines relating to allowable densities, building heights, yards, building separation, building bulk, usable open space, private storage area, driveways, and parking;
E. 
To establish procedures for notifying and assisting existing tenants who would be required to relocate due to proposed conversion projects;
F. 
To ensure that purchasers of converted residences have been properly informed as to the physical condition of the purchased residence;
G. 
To ensure project applicants rehabilitate and provide improvements to converted residences so those residences are in good condition and do not require further maintenance or repair;
H. 
To provide a desired balance of rental and ownership housing and a variety of individual choice of tenure, type, price, and location of housing;
I. 
To provide a balance of low- and moderate-income housing in the City for individual ownership and rental in accordance with Regional Housing Needs Assessment requirements as established by the State Department of Housing and Community Development and the City's Housing Element;
J. 
To ensure sufficient rental housing is available in the City; and
K. 
To establish procedures for determining whether a structure is at the end of its economic, functional, or physical life, thus, requiring demolition.
(Prior code § 19-18.1; Ord. 1159 § 1, 4/28/08)

§ 17.84.020 Definitions.

For purposes of this chapter:
"Community apartment projects"
shall have the same meaning as set forth in Subsection (d) of Section 1351 of the California Civil Code.
"Condominium project"
shall have the same meaning as set forth in Subsection (f) of Section 1351 of the California Civil Code.
"Conversion project"
shall mean any proposal to change ownership interest in real property by converting any single ownership residential use of two or more dwelling units to a community apartment project, condominium project, planned development, stock cooperative, or a similar common interest development.
"Planned development"
shall have the same meaning as set forth in Subsection (k) of Section 1351 of the California Civil Code.
"Stock cooperative"
shall have the same meaning as set forth in Subsection (m) of Section 1351 of the California Civil Code.
(Prior code § 19-18.2; Ord. 1159 § 1, 4/28/08)

§ 17.84.030 Limitations.

The following limitations shall apply for conversion projects:
A. 
Resale and rental price controls to ensure affordability for low- and moderate-income households shall be included as deed restrictions in the covenants, conditions, and restrictions and those controls shall remain in effect for at least 45 years from full occupancy of the completed conversion project.
B. 
The applicant agrees to sell or rent, at affordable prices, 20% of the units to low- and moderate-income households. In addition, at least 25% of those affordable units shall be available to low-income households. This requirement shall only apply to a conversion project consisting of 10 units or more. If the percentage calculation results in less than a whole number, then the number shall be rounded up to the nearest whole number.
(Prior code § 19-18.3; Ord. 1159 § 1, 4/28/08)

§ 17.84.040 Approval of Conversion Projects.

Every conversion project requires City approval of a Conditional Use Permit and tentative and final subdivision map. The following provisions apply to every Conditional Use Permit and tentative and final subdivision map for a conversion project.
A. 
Except as expressly set forth in this chapter, all City requirements in effect at the time an application for the Conditional Use Permit and tentative and final subdivision map is deemed complete shall be met.
B. 
A conversion project shall only be permitted in appropriate zones, as defined in Chapters 17.24, 17.28 and 17.32 of the Bellflower Municipal Code.
C. 
Applications for a required Conditional Use Permits and tentative subdivision map can be filed concurrently.
(Prior code § 19.18.4; Ord. 1159 § 1, 4/28/08)

§ 17.84.050 Approval of Conditional Use Permits.

A Conditional Use Permit application for any conversion project shall include those filing requirements described in Section 17.96.030 of the Bellflower Municipal Code and the following:
A. 
A boundary map showing the existing topography of the site and location of all existing easements, structures and other improvements, and trees over six inches in diameter.
B. 
Fully dimensioned and scaled site plan prepared by a State-licensed architect.
C. 
Fully dimensioned and scaled garage plan prepared by a State-licensed architect.
D. 
Fully dimensioned and scaled floor plans prepared by a State-licensed architect.
E. 
Fully dimensioned and scaled roof plan prepared by a State-licensed architect.
F. 
Colored building elevations of all four sides prepared by a State-licensed architect.
G. 
Grading plan which includes transverse and longitudinal sections showing natural grades by a State-licensed engineer.
H. 
Conceptual landscape plan for the entire project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a State-licensed landscape architect. In instances where the project involves a conversion of existing structures, complete as-built drawings shall also be submitted.
I. 
Photographs of project site and existing onsite and neighboring structures, buildings, features, etc.
J. 
Preliminary lighting plan showing location and nature of lighting and lighting fixtures in common areas.
K. 
All required common interest documents, including the covenants, conditions, and restrictions and those documents filed with the State Department of Real Estate as set forth in Sections 11010, 11011, and 11018.5 of the Business and Professions Code, Section 1355 of the Civil Code, Section 2792 of the California Administrative Code and Department of Real Estate Form 624 and 639.
L. 
Typical detailed sections of the wall and floor ceiling construction for both common and interior partition walls within the project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer as to the STC (Sound Transmission Class) and ICC (Impact Insulation Class) of the proposed type of construction.
M. 
A structural pest report to be prepared by a person, firm, entity or corporation licensed by the State of California as a structural pest control operator. If corrective actions are necessary, proof of completion of recommended corrections shall be provided to the City prior to final map approval.
N. 
Such other information which any City Department or the Planning Commission determines to be necessary to evaluate the proposed project.
(Prior code § 19-18.5; Ord. 1159 § 1, 4/28/08)

§ 17.84.060 Approval of Tentative and Final Parcel/Tract Maps.

A. 
Each tentative and final subdivision map shall be reviewed and approved in accordance with those requirements and provisions contained in Title 16, Subdivision Regulations of the Bellflower Municipal Code.
B. 
The Planning Commission shall be authorized to approve, conditionally approve or deny the tentative subdivision map for a conversion project, subject to appeal to the City Council pursuant to B.M.C. Section 16.08.030. The City Council shall approve, conditionally approve or deny the final subdivision map.
(Prior code § 19-18.6; Ord. 1159 § 1, 4/28/08)

§ 17.84.070 Homeowner's Association and Covenants, Conditions, and Restrictions.

A. 
Establishment of Homeowner's Association. A homeowner's association (HOA) shall be established, prior to issuance of first certificate of occupancy or final inspection. The HOA shall be established to administer the project's covenants, conditions, and restrictions (CC&Rs).
B. 
Contents of Covenants, Conditions, and Restrictions. A declaration of CC&Rs must be recorded and would apply to each unit within the conversion project. The CC&Rs shall be prepared in accordance with State Department of Real Estate requirements, pursuant to Title VI of Part IV of Division II of the Civil Code and other State laws and policies. The City can review and approve the CC&Rs to ensure appropriate conditions of approval are included. CC&Rs shall include the following:
1. 
Pertinent information regarding the conveyance of units;
2. 
Assignment of parking;
3. 
An agreement for common area maintenance, including facilities, and landscaping;
4. 
Estimate of assessment fees anticipated for common area maintenance;
5. 
Indication of appropriate maintenance responsibilities of all improvements and utility systems for each unit;
6. 
Indication the City has the right and authority to veto any action of the HOA if the regular annual assessment is decreased to a level that adversely affects the long term maintenance of the project structures or its common areas. Furthermore, the HOA cannot decrease the annual assessment, until 60 days after written notice of such action is given to the City and the City does not veto the decrease;
7. 
Indication maintenance of impact insulation shall have a Class (IIC) rating for all separating floor/ceiling assemblies;
8. 
A requirement that the units be owner-occupied, provided, however, that such requirement shall be subject to reasonable exceptions to mitigate financial hardship beyond the control of the owners, to be approved by the Director of Community Development and City Attorney. The CC&Rs shall provide the City with the right to enforce those conditions which are implemented to effectuate the conditions of approval of the project, including but not limited to owner-occupancy, and shall provide for reimbursement by the homeowners association to the City for all costs incurred by the City in undertaking such enforcement.
C. 
Amendments to CC&Rs. CC&Rs can be amended if the following are satisfied:
1. 
The amendment must be adopted by the owners of a majority of the common interest development units.
2. 
The amendment must be approved by the City, in writing.
3. 
The president of the HOA must certify the amendment has been submitted to and approved by the City.
(Prior code § 19-18.7; Ord. 1159 § 1, 4/28/08)

§ 17.84.080 Criteria for Conversion to Condominium Project.

Notwithstanding any other provision of this Code to the contrary, no subdivision map, which would have the effect of creating a community apartment project, condominium project, planned development, stock cooperative or a similar common interest development shall be approved nor shall a final map be recorded, unless the following requirements are met or guaranteed in a manner approved by the Planning Commission:
A. 
Dwelling unit types shall have a minimum floor area as follows:
Unit Type
Minimum Floor Area
Bachelor/studio/single
500 square feet
One-bedroom
700 square feet
Two-bedroom
900 square feet
Three-bedroom
1100 square feet
Each additional bedroom
150 square feet
B. 
Each unit shall be equipped with individual plumbing and other hookups for installation of washing machines and dryers.
C. 
Each utility that is controlled and used by the occupants within an individual unit shall be separately metered so the unit occupant can be separately billed for its use.
D. 
Each unit shall have ducted heating and cooling air conditioning, or provision for future installation of ducted air conditioning. All air conditioning units must be adequately screened from view.
E. 
Each unit shall have a trash compactor within the kitchen area.
F. 
Each unit within the project shall have at least 400 cubic feet of enclosed, weather-proofed and lockable separate storage space for the sole use of the residents of that unit. Such space shall have a minimum interior dimension of five feet, and an opening not less than three and one-half (3-1/2) feet by six feet.
G. 
Useable common outdoor space shall be provided at a ratio of 250 square feet per two bedroom or larger dwelling unit and 150 square feet per one bedroom or smaller unit.
(Prior code § 19-18.8; Ord. 1159 § 1, 4/28/08)

§ 17.84.090 Development Standards.

A. 
Dwelling Unit Density. Maximum density for a conversion project shall be consistent with the underlying zoning classification for the subject property. A conversion project is only permitted in the R-1, R-2, and R-3 Zones, as defined in Chapters 17.24, 17.28 and 17.32 of the Bellflower Municipal Code.
B. 
Minimum Lot Area. The minimum lot area shall be 6,000 square feet.
C. 
Height of Structures. No building or structure shall exceed two stories or 30 feet in height, whichever is less.
D. 
Yards Setbacks.
1. 
Front Yard Setback. Every lot shall have a front yard setback of not less than 20 feet from the front property line, and no building structure or garage door shall be erected or enlarged unless the required front yard is provided.
2. 
Side Yard Setback. The side yard setback shall be determined by the following standards as measured from the closest side yard property line. This method creates a yard area based upon the building wall type.
a. 
Wall Type Definitions.
i. 
Living Area Wall. Any exterior wall containing the principal windows of a habitable room, such as a living room, family room, dining room.
ii. 
Bedroom Wall. Any wall containing the principal window(s) of a bedroom.
iii. 
Secondary Walls. Any wall enclosing a kitchen or bathroom with or without windows.
b. 
Dimensions. Except as provided in Subsection (D)(3) pf this section, the minimum side yard shall be as follows:
i. 
Living Area Walls and Bedroom Walls. Not less than eight feet.
ii. 
Secondary Walls. Not less than five feet.
3. 
Corner Lots or Reverse Corner Lots. When a side yard fronts on a street the setback shall be determined from the following tables and formula:
Number of Stories
Building Wall Length
20
40
60
80
100
120
140
1
7
8
9
10
11
12
13
2
8
9
10
11
12
13
14
Based on the following formula:
4 feet + 2 feet (for each story) +1 foot for each 20 feet of building wall length
4. 
Rear Yards.
a. 
For rear lot lines of interior lots, corner lots and reverse corner lots the rear yard setback shall not be less than 15 feet.
b. 
Through Lots.
i. 
When all lots on a block are through lots and the front yards and rear yards setbacks are uniform along that block, then the through lots shall have a rear yard setback of not less than five feet. The owner of a through lot proposed for a conversion project shall record a restrictive covenant, approved by the Director of Community Development, relinquishing all rights to access the rear of the property from the right-of-way abutting the rear property line.
ii. 
When lots on a block are comprised of both regular and through lots or through lots with development oriented toward different streets, then the through lots shall have a rear yard setback of not less than 20 feet. The Planning Commission may approve through lots with a rear yard setback that is the average setback on the street but in no case shall the rear yard setback be less than 15 feet. The owner of a through lot proposed for a conversion project shall record a restrictive covenant approved by the Director of Community Development relinquishing all rights to access the rear of the property from the right-of-way abutting the rear property line.
E. 
Building Separation. Building separation for residential buildings or building wings of the same structure shall be a minimum of 15 feet.
F. 
Building Bulk. To minimize building bulk and mass, any new two-story residential structure shall satisfy the "2/3 rule." The "2/3 rule" requires the footprint of the total floor area of the top story not to be more than two-thirds the footprint of the total floor area of the bottom story.
G. 
Usable Open Space. Conversion projects shall provide usable open space, which are defined as private and group open space. The following standards require compliance:
1. 
Private Open Space. The amount of private usable open space required for any conversion project shall be between 150 to 400 square feet. The private usable open space must also have a minimum dimension of eight feet. Private usable open space includes an appurtenant private patio, deck or balcony, atrium or solarium. The space shall be designed for the sole enjoyment of the unit owner and invitees, and shall have one or more weather-proofed electrical convenience outlets.
2. 
Group and Common Open Space. Group and common open space is required. Group and common open space shall be defined as usable open space on the site which is available to all occupants of the development. This open space shall be generally distributed throughout the development and must be reasonably accessible to all the dwelling units. Front yard setback areas shall not be considered as part of any required group or common open space area. The following standards shall be met:
a. 
Required Landscaping. At least 25% of the total land area shall be utilized as group or common open space; provided, that a maximum of 75% of the group and common open space can be allocated as additional private open space purposes if approved by the Planning Commission.
b. 
Landscaping in Group and/or Common Areas. At least 50% of the group and common open space shall be appropriately landscaped with natural plant material. One half of this amount shall be lawn or turf. The remainder of this space shall be planted in groundcover, trees or shrubs. The landscaped area shall be provided with a permanent irrigation system. Landscaping shall include at least one tree with a minimum size of a 48 inch box for every dwelling unit.
c. 
Additional Landscaping Required Along Street Frontages. Larger trees (72 inch minimum box trees) shall be provided along street frontages. One tree shall be provided for every 50 feet of frontage. For corner lots, these larger trees shall be provided along both street facing lot lines.
d. 
Recreation Facilities. A maximum of 40% of the group open space may be paved for a swimming pool, walks, patios, terraces, courts, fountains, or other similar amenities. Recreation or other community buildings may not cover more than 10% of the group open space area.
e. 
Access to Common Areas. Fire safety and law enforcement access to group or common areas shall be provided for purposes of preserving the public health, safety and welfare, except in those instances where a common area is accessible only through a private unit. Notice stating fire safety and law enforcement may access the common areas shall be prominently displayed.
H. 
Driveways. Concrete driveways shall be:
1. 
Minimum 12 feet wide, if any wall exposure is less than 150 lineal feet from a street.
2. 
Minimum 20 feet wide, if any wall exposure is less than 300 lineal feet from a street for 10 or fewer units.
3. 
Minimum 26 feet wide with turnaround, if any wall exposure is equal to or greater than 300 lineal feet from a street or more than 10 units.
4. 
Additional driveway width may be required for a turning radius in accordance with Chapter 17.88 of the Bellflower Municipal Code.
I. 
Off-Street Parking. Off-street parking shall be provided as follows:
1. 
Required Off-Street Parking Spaces.
a. 
A minimum of two enclosed parking spaces shall be provided for the first two bedrooms of each dwelling unit.
b. 
One parking space shall be provided for each bedroom after the first two bedrooms.
c. 
One uncovered parking space shall be provided for each unit for the designated use of visitors.
2. 
Other Required Parking Standards.
a. 
A parking space shall be defined as any permanently maintained space of not less than nine feet by 20 feet.
b. 
All areas shall be surfaced or paved with either asphalt or concrete to a minimum of three inches in depth, or two inches of premix and four inches of Class A base, or other surface approved by the City Engineer. All parking areas and surfaces shall be maintained in good condition.
c. 
If parking adjoins a more restrictive residential district, then the parking area shall be separated by a solid masonry wall six feet in height. The wall shall not exceed 42 inches in height if it is in the front yard area of an abutting residential use or district.
d. 
If parking abuts a street in a residential district, then the parking area shall be separated by a solid ornamental masonry wall or fence, or compact eugenia or other evergreen hedge or combination. This wall or separation shall be between two feet and three and one-half (3-1/2) feet in height. The wall or separation shall be maintained in good condition at all times.
e. 
If no fence or wall is required along the boundary of an area, as required by this subsection, then there shall be a concrete curb not less than four inches by four inches in cross-section securely installed and maintained as a tire stop and safeguard to abutting property or public right-of-way. The barrier shall not be less than two feet from any property line or public right-of-way.
f. 
If more than two adjacent required parking spaces are provided, then each shall be suitably marked by striping or other means to clearly indicate the area of each parking space.
g. 
Parking lot entrances and exits shall be constructed and maintained so any vehicle entering or leaving the parking lot shall be clearly visible. Exits from parking lots shall be clearly posted with "Stop" signs. Entrance and exit signs and directional signs shall be installed and maintained.
h. 
Parking, loading spaces, and turn-around areas shall not be located within any front yard or side yard that abuts a street. No vehicle shall be parked, stored or maintained in any setback area. Temporary parking in setback areas is permitted for purposes of making pickups or deliveries of goods, wares, and merchandise, or for construction of any building or structure, or for the purpose of construction, installation or repair of any public utility.
i. 
Parking spaces, garages, and carports shall not project into any required front or side street yard.
j. 
All parking spaces and lots shall be designed according to the diagram titled "Parking Standards" in Bellflower Municipal Code Section 17.88.060.
J. 
Minimum Floor Area. The minimum floor area shall be as follows:
Unit Type
Minimum Floor Area
Bachelor and single
500 square feet
One bedroom
700 square feet
Two-bedroom
900 square feet
Three-bedroom
1,100 square feet
Each additional bedroom
150 square feet
K. 
Lighting. Lighting shall be provided as follows:
1. 
Parking Areas. Parking areas shall be lighted with fixtures that provide illumination of the parking area only. Illumination shall not spill onto neighboring areas.
2. 
Driveways and Entrances. Any driveway entrance which serves as parking access to more than four units shall be lighted, either by street lights or special lighting fixtures. All common driveways shall be lighted with the equivalence of a 100 watt light per 50 feet.
3. 
Addresses. The address sign on all residential units shall be lighted.
4. 
Common Walkways. All common walkways shall be lighted with the equivalence of a 100 watt light per 35 feet. All walkway ramps and steps shall be lighted.
5. 
Shielding. All lighting fixtures shall be shielded from neighboring residential units.
6. 
Lighting Plan. A lighting plan shall be submitted for City approval, prior to issuance of building permit. The lighting plan shall provide location of lighting fixtures, illumination areas, etc.
L. 
Refuse Storage. A refuse storage or trash enclosure area shall be provided onsite. Said area shall be completely enclosed within a six foot high decorative wall (split face concrete block, or equivalent) with solid metal gates, and large enough to accommodate standard sized commercial trash bins. The decorative trellis cover, wall and gate materials, textures, colors, and design shall be architecturally compatible with the main building. All trash enclosures shall be securely designed to prevent access to anyone other than the authorized users and the refuse service company.
M. 
Mechanical Equipment. All ground mechanical equipment shall be completely screened behind a permanent structure. All rooftop mechanical equipment shall be screened from public view from the ground surface. Screening methods shall be architecturally compatible with the main building.
N. 
Accessory Buildings, Garages, and Swimming Pools.
1. 
An accessory building located 50 feet or less from the front property line shall have the same side yard as the main building, whether or not the accessory building is attached to the main building.
2. 
For through lots, the setback for both sides shall be 20 feet.
3. 
A garage or accessory building may be located on a side or rear property line when the building is:
a. 
Located completely to the rear of the main building;
b. 
Located 50 feet or more from the front property line;
c. 
Constructed of one hour fire resistant material;
d. 
Constructed so that all roof drainage is directed to the project lot.
4. 
A garage or accessory structure shall not exceed 15 feet in height or contain more than 600 square feet of floor area.
5. 
A garage that abuts and has garage doors opening onto an existing or proposed alley shall be located at least twenty (25) feet from the opposite side of the alley.
6. 
An accessory building shall be located at least seven feet from a main building and at least three feet from another accessory building.
7. 
Swimming Pools. The equipment for swimming pools shall be located at least five feet from any side or rear property line. The interior surface of a swimming pool shall be located at least five feet from the exterior walls of a house or structure.
O. 
Variation in Wall Setback. Buildings exceeding 80 feet in length shall have variations in the wall setback of at least four feet of each 80 feet of building length.
P. 
Television and Radio Antennas—Satellite Dish. Individual television and radio antennas shall be prohibited outside of any owner's unit. A central antenna or satellite dish shall be provided which can connect with each unit via underground or internal wall wiring. As an alternative, each unit could be served by a cable antenna or satellite dish service provided by a company licensed to provide such service within the City.
(Prior code § 19-18.9; Ord. 1159 § 1, 4/28/08; Ord. 1404 § 4, 12/14/20)

§ 17.84.100 Design Guidelines.

Applicants shall provide proof of compliance with the following design guidelines:
A. 
The general appearance of the conversion project shall contribute to the orderly and harmonious development of the community as a whole.
B. 
Definition of spatial territory for enhancing project identity, orientation, and security. Various techniques using landscaping, dividing screens, level changes, and building projections effectively define areas for different outdoor functions as well as privacy.
C. 
Proper delineation of outdoor spaces to establish necessary zonal transitions from public to private areas. Comfortable transitions should help define each individual's "territory."
D. 
Design of all exterior surfaces of the buildings shall create an aesthetically pleasing project.
E. 
Provide for general architectural and site considerations, including site layout, open space, location of buildings, access, circulation, colors, building materials, screening, lighting and signing, and similar elements to provide a desirable environment. The design should minimize visibility of service areas (trash, delivery, outdoor storage, loading areas), backflow prevention devices, and other utilities from public areas.
F. 
The design, location, and orientation of all buildings should be arranged to preserve natural features by minimizing disturbance to the physical environment. Natural features such as trees should be delineated in the Site Plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, and finished grade elevations.
G. 
Landscaping should be instrumental not only in terms of spatial definition and zonal transitions, but also in aesthetic qualities related to view and personal expression. Adequate private outdoor areas should be provided to allow residents to enhance their own sense of territory and individuality through landscaping and gardening.
H. 
All setback areas fronting on or visible from adjacent public streets and all open space areas shall be landscaped in an attractive manner. The applicant shall provide a method assuring landscape maintenance.
I. 
Decorative design elements such as fountains, pools, benches, sculptures, planters, and similar elements should be incorporated into the project.
J. 
Permanent and automatic irrigation facilities should be provided in all planted landscaped areas.
K. 
Utilizing the concept of space, a feeling of spaciousness as well as actual required square footage, should form the basic design concept for interiors of units. The communal organization, the density of development, and the emphasis on an atmosphere of entertainment and recreation all require spaciousness. Among some of the techniques that may be utilized to achieve the feeling of spaciousness are open floor plans, cathedral ceilings, skylights, expansive window areas, views to common open space, and interior and exterior patios.
L. 
Square footage of the unit should be a critical concern, because of the need to accommodate furniture and belongings from single-family homes. Spaces should be generously sized but should directly relate to each other for borrowing capacity.
(Prior code § 19-18.10; Ord. 1159 § 1, 4/28/08)

§ 17.84.110 Noncompliance of Development Standards.

Notwithstanding any requirements listed under "Criteria for Conversion to Condominium Project," applicants either apply for a Noncompliant Waiver or apply for a Variance for any noncompliance of development standards.
A. 
Noncompliant Waiver. Deviation from certain development standards outlined in Table 1.0 is permitted if the project incorporates "desirable site design and architectural elements" and satisfies the following process. Development standards not listed in Table 1.0 are not eligible for deviation. A point value is assigned to each of the desirable site design and architectural elements, which is outlined in Table 2.0. If the minimum amount of points is accumulated through provision of the various desirable site design and architectural elements, then the applicant may be allowed to deviate from the development standard requested for deviation, subject to review and approval of the approving body.
Table 1.0
MINIMUM REQUIRED POINT VALUE TO ADDRESS NONCOMPLIANT DEVELOPMENT STANDARD
Development Standards Available for Deviation
Limitations
Points Required to Allow Deviation
Minimum lot size
The total deviation shall be a maximum of 10% reduction of the otherwise minimum required lot size.
50
Height of building or structure
The total deviation shall not increase the applicable building or structure height by more than 10% of the otherwise maximum height, nor does the deviation allow the existing structures to exceed the maximum allowable habitable story.
25
Setbacks
The total deviation shall not reduce the applicable setbacks by more than 10% of those otherwise required.
25 (per setback)
Building separation
A minimum separation between buildings shall be no less than 10 feet.
25
Building bulk
50
Open space
The total modification shall not decrease the required open space more than 20% of the otherwise required open space more than twenty percent (20%) of the otherwise required usable open space.
50
Accessory building standards
Setback
25
Size
25
Height
25
Garage that abuts alley
25
Building separation
25
Variation in wall setback
25
Table 2.0
DESIRABLE SITE DESIGN AND ARCHITECTURAL ELEMENTS
Desirable Elements
Definition of Element
Maximum Points that Can be Accrued
1.
Recreation room
Provide a recreation room with recreational equipment located in a common area accessible for all residents to utilize.
25
2.
Playground area
Provide a playground area and playground equipment located in a common area accessible for all residents to utilize.
25
3.
Gym
Provide a gym complete with gym equipment located accessible for all residents to utilize.
25
4.
Swimming pool
Provide a swimming pool located in a common area accessible for all residents to utilize.
25
5.
Daycare
Provide daycare facilities located in a common area accessible for all residents to utilize; priority shall be given to residents of complex.
25
6.
Barbeque picnic area
Provide a barbeque/picnic area complete with tables and chairs located in a common area accessible for all residents to utilize.
25
7.
Exceed on-site parking
For every one parking space provided by the developer which exceeds the City's parking requirements.
50
8.
Open space over the minimum requirement
Developer must provide at least 5% over the minimum required open space.
25
9.
Decorative hardscape for driveways
Developer must use paving material other than plain asphalt or concrete. Interlocking unit pavers are preferred, but stamped, colored concrete is acceptable. A minimum of at least 20% of the total surface area of the driveway including each driveway entrance must be comprised of decorative hardscape material in order to be eligible for this category.
15
10.
Upgraded roof materials
The use of quality dimensional roof materials. The roof material must be rated for a minimum of 40 years.
15
11.
Mix of building materials (other than stucco)
Introduce and incorporate different exterior wall materials over at least 20% of the building wall surface other than stucco, including stone and/or brick veneer; wood siding; etc. Materials should be consistently applied and should be chosen to work harmoniously with adjacent materials and the architectural style of the building. Piecemeal embellishment does not qualify.
25
12.
Eliminate large blank exterior walls
Provide varied architectural treatments and articulation. Incorporate features such as varied building elevation plane depth, bay windows, corbels, cornice treatments and other similar architectural details. The intent is to provide visually-interesting design that has compatible architectural treatments.
25
13.
Functional/open front porch
Front porches must have a minimum of five feet by eight feet.
25
14.
Provide appearance of front porch or entryway
Architectural articulation on the front of the residential structure which resembles a porch throughout the project.
10
15.
Provide strong entry
Architectural articulation on the front of the unit which provides a "sense of entry."
10
16.
Provide double front doors or single door with side-lights
Use of double front doors or a single front door with decorative side-lights throughout the project.
10
17.
Provide larger trees, shrubs and vegetation along front elevation to soften views of the front elevation.
Provide larger trees (larger than 48 inch box), 10 gallon shrubs, and other proportionately sized plant materials throughout the project.
10
18.
Provide less building height than permitted in the City zoning ordinance
Points will be given if the residence is built at a height less than the building height requirements mandated by the City Zoning Ordinance.
25
19.
Increase the amount of front, rear, and side yard setback
Points will be given if front, rear, and side yard setbacks exceed the requirements mandated by the City Zoning Ordinance by at least 10%.
25 (per setback)
20.
Provide varying roof planes and ridgelines
Provide varying roof planes and ridgelines to eliminate identical roof ridgelines.
25
21.
Provide varying roof massing
Design must minimize large expanses of the roof to ensure the roof does not dominate the overall view of the building elevation. The use of dormers, additional gables, and similar design features can be considered.
25
22.
Alley loaded garages
All homes must have access from a rear alley.
50
23.
Garage not facing the street
Garage doors must be located to the rear of the residence and beyond the major plane of the building that faces the street.
50
24.
Licensed professional
All plans and conceptual elevations to be prepared by appropriate licensed professional (i.e., American Institute of Architects (A.I.A)).
25
25.
Different building elevation appearance
Each residential unit within the project site has a different building elevation design.
25
B. 
Issuance of Variance. As another option, applicants can apply for a Variance to address any conflicts with the aforementioned development standards. Variance applications shall be processed in accordance with Chapter 17.100 of the Bellflower Municipal Code.
(Prior code § 19-18.13; Ord. 1159 § 1, 4/28/08)

§ 17.84.120 Deferred Maintenance.

A. 
The project shall conform to all the applicable building standards of the City of Bellflower Building Codes in effect at the time the application for conversion was deemed complete by the City except as herein provided.
B. 
Physical Element Report. As part of the application submittal for any requested conversion to condominium ownership, a building and site evaluation report shall be submitted by a California-licensed architect or other approved State-licensed professional to the Community Development Department, detailing compliance with current Building, Fire and Life Safety, Mechanical, Plumbing, Electrical and Energy Codes (hereafter collectively "Construction Codes") along with site drainage and the currently adopted Fire Codes, the condition and age of existing improvements, and a schedule for recommended replacement and upgrades. The report shall evaluate approved project plans as well as built conditions. It shall identify and access any exceptions from the currently adopted codes and recommend remedial measures. The report shall include estimated remaining useful life and replacement cost of roofs, foundations, framing, fire and life safety systems, and construction, plumbing, electrical and mechanical systems, and structural systems. The report shall also document the presence or absence of lead based paint and asbestos and outline mitigation measures as deemed appropriate. It shall also investigate the potential for incorporating arc fault circuit interrupters and GFCI protected outlets per the current California Electrical Code. Fire and Life Safety of the existing building(s) shall be reviewed and show compliance with required egress components in sleeping rooms, smoke alarms, and fire resistive separation requirements between dwelling units.
C. 
Structural Element Report. A report from a California-licensed civil or structural engineer detailing the structural conditions of all existing and proposed elements of the property, including the foundation, walls, roof framing and floor framing, along with any other framing members within and outside the structural building envelopes. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; and when elements were replaced. The report shall identify any defective or unsafe elements and set forth proposed corrective measures to be employed.
D. 
The physical element report and structural element report shall be provided to ensure compliance with the following requirements:
1. 
Utilities.
a. 
Plumbing Shut-Off Valves. Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-top type. If there are extenuating circumstances, as determined by the Building Official or his/her designee, which make the installation of such valves impracticable, then the City may approve a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water-supplied appliance not contained within a unit.
b. 
Drip Pans. Clothes washers, dish washers, hot water heaters and any other appliance which the Building Official determines to be a source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains subject to the approval of the Building Official.
c. 
Hot Water. Each unit shall have a separate hot water heater. If there are extenuating circumstances, as determined by the Building Official or his/her designee, which make the installation of separate hot water heaters impracticable, then the City may approve an alternate system upon recommendation of the Building Official.
d. 
Circuit Breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.
2. 
Isolation of Vibration and Sources of Structure-Borne Noise in Projects Where Units Have Common Walls and/or Floor and Ceilings.
a. 
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of its rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, is determined by the Building Official to be sources of structural vibration or structural-borne noise, shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. If provision is made within the units for the installation of non-permanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Building Official.
b. 
Location of Plumbing Fixtures. No plumbing fixture shall be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit. Where practicable, plumbing fixtures shall be located on interior walls within the unit or on exterior walls of the project.
c. 
Separation of Vents and Lines. No common water supply lines, vents, or drain lines shall be permitted for continuous units unless there is at least eight and one-half (8.5) feet of pipe between the closest plumbing fixtures within the separate units. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.
d. 
Isolation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multi-story projects all vertical drainage pipe must be surrounded by three-quarter (3/4) inch thick dense insulation board of full thick fiberglass or wool blanket insulation for its entire length excluding the sections that pass through wood or metal framing. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.
C.
Attenuation of Noise.
1.
General. Wall and floor-ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms, and garages shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor-ceiling assemblies.
2.
Airborne Sound Insulation. All wall assemblies described in the previous paragraph shall be of a type of construction that has a minimum rating of 50 STC (Sound Transmission Class). All floor/ceiling assemblies described or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and subflooring shall not be continuous between separate units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits, heating and ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 26 STC. Such perimeter seals shall be maintained in effective operating condition.
3.
Impact Sound Insulation. All separating floor/ceiling assemblies described in the previous paragraphs shall be of a type of construction that has a minimum rating of 50 IIC (Impact Insulation Class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly.
4.
Verification of Sound and Impact Class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials System specified in ATSM E 90 and E 413 or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant shall furnish the City either:
a.
Data based on tests performed by a recognized testing laboratory; or;
b.
Verified manufacturers data on the ratings of the various wall and floor/ceiling assemblies utilized in the project.
5.
Other Requirements. In addition to the above requirements, all requirements as set forth in California Administrative Code, Title 25, Sections 1092 and 1094 or their successors shall be met.
D.
Fire Prevention and Maintenance. Smoke detectors shall be provided conforming to current Building Code requirements in each individual dwelling unit. Fire hydrants, fire alarms, fire extinguishers, sprinkler systems and other appliances or apparatus shall be retained in good operable conditions at all times.
E.
Underground Utility Services. Prior to occupancy of any units in a project, the applicant shall provide the Building Department with two sets of as-built drawings for all underground utility services and sewer lines. One set will be held by the Building Department until the HOA becomes functional, at which time, they shall be given to the HOA.
F.
Report of the Building Official. The Building Official or designee shall make an inspection of the proposed condominium conversion project to determine compliance with life safety standards and any other codes/standards of the currently adopted Construction Codes. This inspection shall be at the expense of the owner/developer. The inspection by the Building Official is in conjunction with the Physical and Structural Elements Reports and is a means and resource in gaining and verifying code compliance for the proposed project. Prior to Planning Commission consideration of a condominium project involving existing buildings, the Building Official or designee shall submit a report to the Director of Community Development specifying where the building(s) are deficient with respect to life safety standards or any other pertinent standards in the currently adopted Construction Codes.
G.
The developer shall provide each perspective buyer with a statement listing a history of conversion repairs and a copy of the inspection reports.
H.
The developer shall post moneys for the HOA to be used for large scale repairs. Such money shall be held in a bona fide trust account, to be held separately from accounts for regular monthly maintenance fees. The use of maintenance fees shall be established by the City-approved by-laws for each development, with the intent being for major repairs affecting the entire complex.
(Prior code § 19-18.12; Ord. 1159 § 1, 4/28/08)

§ 17.84.130 Tenant Rights.

Applications for condominium conversions shall comply with the following procedures relating to tenant notification and other tenant-related provisions:
Tenant Relocation and Assistance Plan. The applicant shall submit a Tenant Relocation and Assistance Plan with the Tentative Map application. The Plan shall include the following information:
A. 
Vacation of Units. Each non-purchasing tenant shall have at least 60 days after the date the applicant notifies the tenant or the final map is approved by the City, whichever date is later, to find substitute housing and to relocate.
B. 
No Increase in Rents. A tenant's rent shall not be increased during the period between the filing of the Tentative Map and 60 days following a Final Map being recorded.
C. 
Deposits. Security, cleaning, or other deposits shall be returned to the tenant, in good standing, as appropriate and required by law.
D. 
Internal Remodeling. No remodeling, planned as part of the conversion, shall be performed in a unit still occupied by a non-purchasing tenant within the 60 day period described in Subsection (A) of this section.
(Prior code § 19-18.13; Ord. 1159 § 1, 4/28/08)

§ 17.84.140 Findings.

Prior to approving or conditionally approving a conversion project, the Planning Commission or City Council shall make the following findings:
A. 
That all requirements and development standards contained in this chapter for the conversion project have been or will be met;
B. 
That the conversion project is consistent with requirements and provisions contained in the City's General Plan, Municipal Code and Building Code;
C. 
That a high standard of appearance, quality and safety in accordance with City goals will be achieved; and
D. 
That any existing tenants who may be required to relocate due to the conversion project have been notified and assisted, in accordance with requirements of Government Code Section 66427.1.
(Prior code § 19-18.14; Ord. 1159 § 1, 4/28/08)