303 ORDINANCE NO. 303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, TO AMEND CHAPTER 18.06 (DEFINITIONS),
CHAPTER 18.63 (SITE AND ARCHITECTURAL REVIEW) AND
CHAPTER 18.69 (SECOND FAMILY UNITS) OF TITLE 18 (ZONING) OF
THE GRAND TERRACE MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS
WHEREAS, effective January 1, 2017, pursuant to AB 2299 and SB 1069,
Government Code § 65852.2 was amended, and as a result, various provisions of
the existing Grand Terrace Municipal Code have become inconsistent with state law
and must be updated; and
WHEREAS, effective January 1, 2017, Government Code § 65852.2 was
amended to refer to "accessory dwelling units" rather than "second units" or
"secondary dwellings"; and
WHEREAS, it is in the best interest of the public to establish and update
reasonable standards relating to provision of affordable housing in specified zones in
the City; and
WHEREAS, the proposed amendment will not be detrimental to the health,
safety, morals, comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the city or injurious to property or
improvements in the neighborhood or within the city; and
WHEREAS, the City Council finds that the proposed amendment is consistent
with the latest adopted general plan, that those accessory dwelling units installed in
compliance with this ordinance do not exceed any applicable allowable density
requirements and are consistent with applicable zoning designations; and
WHEREAS, the City Council, pursuant to the California Environmental Quality
Act (hereinafter "CEQK) (California Public Resources Code Sections 21000 et seq.)
and State CEQA guidelines-(Sections 15000 et seq.) finds that the Ordinance is
exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of
Regulations because the revisions to this ordinance will cumulatively affect a handful
of units and the ordinance will not significantly impact traffic, noise, aesthetics, or
any other environmental condition; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds that all the facts, findings, and
conclusions set forth above in this Ordinance are correct.
SECTION 2. Amending Section 18.06.082. Section 18.06.082 ("Second-family units")
of Chapter 18.06 ("Definitions") of Title 18 ("Zoning") is hereby repealed and replaced
with the following:
18.06.082 —Accessory dwelling unit.
"Accessory dwelling unit" means an attached or detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel that the single-family dwelling is situated."
SECTION 3. Amendinq Section 18.63.020. Subsection (13)(2)0) of Section 18.63.020
("Application") Chapter 18.63 ("Site and Architectural Review") of Title 18 ("Zoning") is
hereby added to read as follows:
"j. Accessory dwelling units that comply with Chapter 18.69."
SECTION 4. Amending Chapter 18.69. The title of Chapter 18.69 ("Second Family
Units") of Title 18 ("Zoning") is hereby changed to "Accessory Dwelling Units." Chapter
18.69 is repealed in its entirety and replaced with the following:
"18.69.010 — Purpose.
The purpose of this Chapter is to establish regulations,for the ministerial placement of
accessory dwelling units and to ensure such units are compatible with the surrounding
neighborhood and single-family units.
18.69.020 -Definition.
"Accessory dwelling unit" means an attached or detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on. the same
parcel that the single-family dwelling is situated.
18.69.030 - Permitted location.
Accessory dwelling units are permitted by right in any single-family or multi-family
residential zone district. The Director shall approve such units ministerially if they meet
all requirements of this code.
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18.69.040 - Site development standards.
Site development standards for accessory dwelling units shall be the same as those
required in Chapter 18.10 for the appropriate residential district except where the
special regulations listed in Section 18.69.050 are in conflict with those in Chapter
18.10. In such cases the standards listed in Section 18.69.050 shall apply.
18.69.050 - Special regulations.
All accessory dwelling units shall be subject to the following regulations:
A. The lot size shall.be a minimum of one'and one-half times the minimum lot
size of the underlying zone district. If a parcel with an accessory dwelling unit is
subsequently subdivided, the City may require the accessory dwelling unit be
moved if proper setbacks and other development standards cannot be met. No
setback shall be required for an existing garage that is converted to an accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is constructed above a
garage.
B. The floor area of the accessory dwelling unit shall not exceed 50 percent of
the living area of the existing main dwelling. In no instance shall any accessory
dwelling unit exceed 1,200 square feet nor be smaller than an area to provide for
an "efficiency unit" as defined by the California Building Standards Code. For
purposes of this subsection, "Living area" means the interior habitable area of a
dwelling unit including basements and attics but does not include a garage or any
accessory structure.
C. Any single-family detached dwelling regardless of size of the living area may
have at least an attached "efficiency unit" as defined by the California Building
Code provided all other requirements of this ordinance codified in this Chapter
are met.
D. A detached accessory dwelling unit shall be limited in height to a single story
20-foot high building.
E. A detached accessory dwelling unit shall have a minimum wall separation
from the primary dwelling of 15 feet.
F. No setback shall be required for an existing garage that is converted to a
accessory dwelling unit, and a setback of no more than five feet from the side
and rear lot lines shall be required for an accessory dwelling unit that is
constructed above a garage
G. One of the two dwellings, either the primary or accessory dwelling, must be
occupied by the owner of the property.
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H. A manufactured home on a permanent foundation may be used as an
accessory dwelling unit provided said manufactured home meets the
requirements of Chapter 18.66 of this Title.
I. The accessory dwelling unit shall conform to the color, materials, architectural
style, and detailing of the main residence .and shall meet all other applicable
building code requirements and development standards of the zone for single-
family residential structures and accessory structures.
J. An accessory dwelling unit shall not be located on a parcel upon which there is
located more than one dwelling unit.
K. The accessory dwelling unit may be rented but shall not be sold, transferred or
assigned separately from the main single-family dwelling.
L. A maximum of one accessory dwelling unit shall be permitted on a lot.
M. If one of the two dwellings is not occupied by a party who is the owner for any
period longer than 60 days, one of the two dwellings must be converted to
accessory living quarters or a guest house, and kitchen facilities shall be
removed from one of the units.
�. N. Prior to the issuance of a building permit for the accessory dwelling unit, a
covenant on the property shall be recorded with the County of San Bernardino
Recorder's Office, subject to City approval, to restrict the property with the
requirements of this Section. This use restriction shall be binding upon any
successor in ownership of the property.
18.69.060 - Off-street parking
In addition to the requirements of Chapter 18.60 for the main single-family residence,
one parking space shall be provided for the accessory dwelling unit or one per each
bedroom in the unit, whichever results in the greatest number of spaces being required.
The required parking space for the accessory dwelling unit shall be enclosed and
located on the same lot as the second-family unit, and may be provided as tandem
parking on an existing driveway or in setback areas unless the Director finds that
parking in setback areas ror tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions. Otherwise, the parking -shall
meet the design standards of Chapter 18.60 (Off-Street Parking). Parking need not be
provided in any of the following instances:
A. The accessory dwelling unit is located within one-half mile of public transit.
B. The accessory dwelling unit is located within an architecturally and
historically significant historic district.
C. The accessory dwelling unit is part of the existing primary residence or an
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existing accessory structure.
D. When on-street parking permits are required but not offered to the occupant of
the accessory dwelling unit.
E. When there is a car share vehicle .located within one block of the accessory
dwelling unit."
SECTION 4. Repeal. Any provision of the Grand Terrace Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 5. Severability. Should any provision of this Ordinance, 'or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this Ordinance to any other
person or circumstance and, to that end, the provisions hereof are severable. The City
Council of the City of Grand Terrace declares that it would have adopted all the
provisions of this ordinance that remain valid if any provisions of this ordinance are
declared invalid.
SECTION 6 Certification: The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published and
- posted pursuant to the provisions of law in that regard and submitted to the Department
of Housing and Community Development within 60 days after adoption, and this
Ordinance shall take effect 30 days after its final passage
PASSED, APPROVED and ADOPTED this 9th day of May, 2017.
ATTEST:
Debra L. Thomas arc McNa i
City Clerk Ma o
Approved as to form: `
chard L. Adams, II
City Attorney
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I, Debra L. Thomas, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the. City
Council of the City of Grand Terrace held on the 9t" day of May, 2017.
AYES: Council Members Reinarz; Hussey, Wilson, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Debra L.-Thomas
City Clerk l
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