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336-U ORDINANCE NO.336-U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill 9 (SB 9). This bill requires the ministerial approval of two dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted, and requires ministerial approval of lot splits in single-family residential zones and allows two units to be built on each resulting parcel; and WHEREAS,SB 9 took effect on January 1,2022,and it is therefore necessary for the City to establish objective standards regarding housing developments and lot splits authorized by SB 9 as soon as possible; and WHEREAS,the City Council desires to establish objective standards governing units and lots splits authorized by SB 9 to preserve the City's character and quality of life as characterized by the City's General Plan; and WHEREAS,pursuant to Government Code Section 36937,subdivision(b), any ordinance for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, that is passed by a four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption; and WHEREAS,the City Council seeks and intends to protect the health, safety, and welfare of the residents of the City of Grand Terrace by establishing regulations for urban lot splits and two-unit developments in single family residential zones, as further described herein. NOW THEREFORE, the City Council of the City of Grand Terrace does hereby ordain as follows: SECTION 1. Recitals. The above recitals are incorporated by reference. SECTION 2. Urgency Findings. A. SB 9 requires the ministerial approval of two dwelling units per parcel in single- family residential zones, where previously only one primary dwelling unit would have been permitted, in addition to accessory dwelling units and junior accessory dwelling units, in some cases. B. Additionally, SB 9 requires ministerial approval of lot splits in single-family residential zones and allows two units to be built on each resulting parcel. C. This bill has the potential to dramatically increase the density and population of single-family zones, potentially placing a strain on public resources and the infrastructure that serves these zoning districts. CC Ord No.336 Page 1 of 16 January 25,2022 D. Moreover, SB 9 continues a pattern of state action that deprives cities of control over issues of fundamental local concern and traditional local control, namely, the character and quality of residential neighborhoods and the ability to control and plan for the uses of land in the City. E. SB 9 took effect on January 1, 2022, and it is therefore necessary for the City to establish objective standards regarding the housing developments and lot splits that the City will now be required to permit, and to ensure that such regulations take effect as soon as possible, so as to protect and provide for the welfare of the local community. SECTION 3. CEQA. The City Council finds and determines that these ordinance amendments are not a "project' for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.216) and 66411.7(n), and therefore do not require any environmental review under CEQA. SECTION 4. Section 17.04.040, subjection H, of the Grand Terrace Municipal Code is hereby amended as follows with the remainder of Section 17.04.040 remaining unchanged (deletions in bold str•1kethrough; additions in bold italics): H. The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or seeend accessory dwelling units pursuant to California Government Code Section 65852.2; but this Title shall apply to the sale or transfer, but not the leasing of those units; SECTION 5. Table 17.04.050(Review, approval and appeal body)is hereby amended as follows(additions in bold italics): Table 17.04.050 Review, approval and appeal body TYPE OF REVIEW APPROVAL APPEAL ACTION BODY BODY BODY Tentative maps Planning City Council N/A Commission Vesting tentative Planning City Council N/A maps Commission Tentative parcel maps Planning City Council N/A Commission Tentative map City staff and other Director Planning extensions responsible agencies Commission Parcel maps(4 or less City staff and other City Council N/A lots) res onsible agencies Final maps(5 or City staff and other City Council N/A more lots) res onsible agencies Waivers of parcel City staff and other City Engineer Planning maps responsible agencies Commission CC Ord No.336 Page 2 of 16 January 25,2022 Urban Lot Splits City staff and other City Engineer Planning responsible agencies Commission Reversion to Planning City Council N/A acreage Commission Lot and parcel City staff and other Director Planning mergers responsible aizencies Commission Lot line adjustments City staff and other Director Planning responsible agencies Commission Certificate of City staff and other City Engineer Planning Compliance I responsible agencies I I Commission SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended to add a definition of"Urban lot split"as follows, with all other definitions in Section 17.08.020, except those shown below, remaining unchanged (deletions in bold stFikethFough; additions in bold italics): GG. "Urban lot split" shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Chapter 17.30 (Urban Lot Splits). GQ HH. "Vesting tentative map" shall mean a tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed. II. "Zoning code" shall mean Title 18 of the Grand Terrace Municipal Code, including all text and maps, as it may be amended from time to time. SECTION 7. Chapter 17.30 (Urban Lot Splits) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 17.30- URBAN LOT SPLITS 17.30.010-Purpose. The purpose of this chapter is to establish procedures and standards for urbair lot splits in accordance with the requirements of Government Code Section 6641 L 7. 17.30.020-Ministerial review; standard for denial, A. Notwithstanding any other provision of this code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. CC Ord No. 336 Page 3 of 16 January 25,2022 B. An application for an urban lot split shall be approved or denied by the City Engineer, and the decision may be appealed in accordance with Section 17.16.150. C. Notwithstanding subsection A, the City may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 17.30.030-Parcel requirements. The parcel that is proposed for subdivision through an urban lot split. A. Shall be located in an RH,RI-20,RI-10, or RI-7.2 zoning district, B. Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved; C. Shall only have residential uses located oil it on the date the urban lot split is approved; D. Shall satisfy all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4; E. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance; F. Shall not have been created through a previous urban lot split, and G. Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner. 17.30.040-Additional requirements A. An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area,provided that. CC Ord No. 336 Page 4 of 16 January 25,2022 1. Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision; and 2. Neither resulting parcel shall be smaller than 1,200 square feet. B. An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 17.30.060. C. An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. 3. A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060)of Division 7 of Title I of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. Housing that has been occupied by a tenant in the last three years. D. As a condition of approval for an urban lot split, the applicant and owner (if differentfrom the applicant)shall sign an affidavit,in a form approved by the City Attorney, stating that. 1. The proposed urban lot split will not violate the requirements of subsection C of'this section; 2. Neither the owner nor applicant, nor any person acting in concert with the owner or applicant,has previously subdivided an adjacent parcel using an urban lot split; and 3. The applicant intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection D.3 shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a CC Ord No. 336 Page 5 of 16 January 25,2022 "qualified nonprofit corporation"as described in Section 214.15 of the Revenue and Taxation Code. E. As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the City Engineer. F. Each parcel resulting fron an urban lot split shall have access to or adjoin the public right-of-way, and, ij'necessary,provide the other parcel with access to the right-of-way through an easement. G. The City shall not require as a condition of approval of an urban lot split: L Dedications of rights-of-way or the construction oj' offsite improvements; or 2. The correction of non-conforming zoning conditions existing on the parcel that will be divided H. An urban lot split: 1. Shall conform with all the requirements of the Subdivision Map Act; and 2. Shall conform with all the requirements applicable to lot splits under this code, except for those requirements that conflict with the requirements of this chapter, in which case the provisions of this chapter shall control, 17.30.050-Limitations applicable to new parcels. A. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located B. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one(31) consecutive days 17.30.060-Limitation on number of units Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, "unit"means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units and Two-Unit Developments), an accessory dwelling unit, or a junior accessory dwelling unit. CC Ord No.336 Page 6 of 16 January 25,2022 SECTION 8. Section 18.06.017 (Accessory dwelling unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.017-Accessory dwelling unit. "Accessory dwelling unit" means an attached or detached residential dwelling unit that 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 An accessory dwelling unit includes (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1,and(2)a manufactured home,as defined in Health and Safety Code Section 18007. This definition shall be interpreted as consistent with the definition for "accessory dwelling unit" in Government Code Section 65852.2. SECTION 9. Section 18.06.018 (Accessory dwelling unit,junior) is hereby added to the Grand Terrace Municipal Code and shall read as follows(additions in bold italics): 18 06.018-Accessory dwelling unit,junior. "Junior accessory dwelling unit" means a residential dwelling unit that is no more than 500 feet in size and is contained within a single-family residence. This definition shall be interpreted as consistent with the definition for `junior accessory dwelling unit"in Government Code Section 65852.22. SECTION 10. Section 18.06.020 (Accessory structure) is hereby renumbered to Section 18.06.025, and Section 18.06.025 (Accessory living quarters) is hereby renumbered to Section 18.06.020, so as to put these two definitions in alphabetical order. SECTION 11. Section 18.06.082 (Accessory dwelling unit) is hereby deleted in its entirety. SECTION 12. Section 18.06.083 (Single-family detached) is hereby deleted in its entirety. SECTION 13. Section 18.06.246 (Dwelling, single-family detached) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.246-Dwelling, single-family detached "Single-family detached dwelling"means one residential structure containing no more than one dwelling and complying with a minimum living area requirement of one thousand three hundred fifty square feet. It shall also be known as a full sized single-family unit or single-family dwelling. SECTION 14. Section 18.06.683 (Second unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.683-Second unit. CC Ord No.336 Page 7 of 16 January 25,2022 "Second unit"means a second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing residential unit that is not an accessory dwelling unit or junior accessory dwelling unit. SECTION 15. Section 18.06.929 (Two-unit development) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.929- Two-unit development. "Two-unit development" means the simultaneous development of two new residential dwelling units on a parcel with no existing residential dwelling units other than an accessory dwelling unit. SECTION 16. Table 18.10.030 of the Grand Terrace Municipal Code shall be amended, a new footnote (e) shall be added to multiple uses under "Other Uses," footnote (e) shall be amended, and a new footnote (g) shall be added, as follows (deletions in ; additions in bold italics): TABLE 18.10.030 LAND USE REGULATIONS Permitted Uses bur1- l-R 1-R2 0' 0 10 7.2 S a A.Residential Uses Single-Family(Detached),Full Sized p p p p pa b Second Units(Subject to Chapter 17.30 and 18.65) Two-Unit Developments(Subject to Chapter 17.30 and 18.65) Single-Family Attached (Duplexes,Triplexes,and Fo lexes - - - Multi le Family Units - - - Manufactured Housing As Permitted Per Chapter 18.66 - - Mobile Home Park - - - Senior Citizen Housing pd B.Residential Accessor Structures Accessory Structure P P P P P P, Accessory Dwelling Unit(Subject to Chapter 17.30 and 18 69) Junior Accessory Dwelling Unit(Subject to Chapter 17.30 and 18.69) Guest House C C r r C r - Private Garage Private Swimming Pool p p p P p p pd Home occupation As Permitted Per Chapter 5.06 Pp p pd Keeping of Cats and Dos Maximum of Two Each a Other Accessory Uses As Approved by the Planning Director a C. Other Uses Churches Minimum Three-Acre Parcel e Ic C 1C Ic 1C Schools Private and Parochial)e C Public Park and Playgrounde CC Ord No.336 Page 8 of 16 January 25,2022 Public Facilities AndQuasi-Public)" C Family Day Care(Eight or Less Children Family Day Care Center(Nine or More Children),* C C Residential Care Facility Six or Less Persons Residential Care Facility Seven or More Persons f C - Sin le Room Occupancy Utility or Service Facility' Outdoor Recreation Facilitye D.Temporary uses Temporary Uses As approved by Planning Director a Temporary Trailers As Approved by Planning Director d Footnotes: a. A second single-family detached unit(full-sized single-family detached dwelling)shall be permitted in the R2 zone provided that the lot or parcel in question meets the minimum area requirement for the R2 zone and that said lot or parcel is developed with no more than one single-family detached dwelling. A site and architectural review application for the second-family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the issuance of building permits.In addition,all development standards of the underlying zone must be adhered to; and any division in ownership among the structures on the lot or parcel in question shall conform to the subdivision laws of the state and city. b. A second-family detached unit(full sized single-family detached dwelling)shall be permitted in the R3 zone provided that the lot or parcel in question meets the minimum area requirements for the R3 zone and that said lot or parcel is developed with no more than one single-family detached dwelling.A site and architectural review application for the second-family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the issuance of building permits. In addition,all development standards of the underlying zone must be adhered to; and any division in ownership among the structures on the lot or parcel in question shall conform to the subdivision laws of the state and city. C. "P" stands for"Permitted Use"where the use is permitted by right; and"C" stands for"Conditional Use"where the use requires a conditional use permit. d. Senior citizen housing is allowed in the R3-S up to a maximum density of twenty unit/acre.A specific plan will be required for all senior citizen housing projects in this zone. Some accessory and temporary uses as indicated will be allowed in the R3-S zone with the approval of the Community Development Director. e. . Notwithstanding anything indicating otherwise in this Table,this use is prohibited on a parcel that was created by an urban lot split, pursuant to Section 17.30.050. f. Subject to administrative conditional use permit. g. Notwithstanding anything indicating otherwise in this Table,this use shall be prohibited if the Ending of a specific, adverse impact is made in accordance with Section 18.65.020(C). CC Ord No.336 Page 9 of 16 January 25,2022 SECTION 17. Chapter 18.63.020 of the Grand Terrace Municipal Code is hereby amended as follows (additions in bold italics): C. Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing,related costs and noticing procedures. The following items may be approved by the Planning Director without going to the Site and Architectural Review Board. However,the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks. The Planning Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). 1. All accessory structures, except: a. Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches,patios, carports, garages, storage areas, or auxiliary rooms; b. Structures 1,200 square feet or more in size; C. Structures with lot coverage higher than 25 percent; 2. All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches,patios, carports, garages, storage areas, or auxiliary rooms; 3. Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies; 4. In case of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing. 5. Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. 6. Applications for second units and two-unit developments in accordance with Chapter 18.65. CC Ord No. 336 Page 10 of 16 January 25,2022 SECTION 18. Chapter 18.65 (Second Units and Two-Unit Developments) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 18.65-SECOND UNITS AND TWO-UNIT DEVELOPMENTS 18.65.010-Purpose. The purpose of this chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.2L 18.65.020-Ministerial review;standard for denial A. Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. B. An application for a second unit or a two-unit development shall be reviewed by the Planning Director through the administrative site and architectural review process, as described in Chapter 18.63, and the decision may be appealed in accordance with Section 18.63.020(C). C. Notwithstanding subsection A, the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding,based upon a preponderance of the evidence,that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 18.65.030—General requirements. Proposed second units and two-unit developments. A. Shall be located in the RM,R1-20,RI-10, or R1-7.2 zoning district; B. Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (A)(6)(%), inclusive, of Government Code Section 65913.4; C. Shall not require or allow the demolition or alteration of any of the following types of housing. CC Ord No. 336 Page 11 of 16 January 25,2022 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent orprice control through a public entity's valid exercise of its police power. 3. Housing that has been occupied by a tenant in the last three years; D. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years, E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and F. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance. 18.65.040-Development standards. A second unit,and both of the units in a two-unit development,shall comply with all of the following development standards: A. Con muration. A second unit, and both units of a two-unit development, may be attached to, adjacent to, or detached from any other structure on the parcel, subject to subsections C and D of Section 18.65.030. Subject to the requirements of this chapter,a second unit may be added to a parcel either by (i) the construction of a new residential dwelling unit, (ii) the conversion of an existing structure into a residential dwelling unit, or(iii) the bifurcation of an existing residential dwelling unit into two separate residential dwelling units B. Size. A second unit,and both of the units in a two-unit development,shall be no larger than 800 square feet in floor area each. C. Height A second unit, and both of the units in a two-unit development, shall be no taller than 16 feet in height from ground level and shall be CC Ord No. 336 Page 12 of 16 January 25,2022 one-story. The units shall not be located on the second or any higher story of a structure. D. Setbacks No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 feet from the side and rear lot lines E. Separation Between Detached Units There shall be at least 15 feet of separation between all detached units on a parcel,including second units, primary units, both units of a two-unit development if they are not attached, and detached accessory dwelling units F. Parking. 1. One off-street parking space is required for a second unit and one off-streetparking space per unit is required for each unit of'a two- unit development. 2. Notwithstanding subsection F.1, no parking spaces are required for a second unit or a two-unit development if either. a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or b. There is a car share vehicle located within one block of the parcel G. Wastewater. 1. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the units)shall be conducted to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer,prior to issuance of a building permit. 2. Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an onsite wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five CC Ord No. 336 Page 13 of 16 January 25,2022 years,or,if the percolation test has been recertified, within the last ten years If the City Engineer finds that the onsite wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced,or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer,prior to issuance of a building permit, H. Separate Entrances. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. I. Additional Development Standards Except as provided in subsections A through H, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel, J. Limitation on Enforcement of Development Standards With the exceptions of the setback requirements in subsection D and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area. 18.65.050- Total number of units A. This chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel, For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling unit A Notwithstanding any other provision in this chapter, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060. 18.65.060-Design standards. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel, 18.65.070-Rental term. Second units and the units in a two-unit development shall not be rented for a term of less than thirty-one(31) consecutive days CC Ord No.336 Page 14 of 16 January 25,2022 18 65.080-Affordable rent requirement. Second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for lower-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to lower-income households, as defined in Health and Safety Code Section 50079.5, for a minimum of SS year& Prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development,the owner of theproperty shall execute and record on the property a deed restriction, in a form approved by the director and the City Attorney, establishing legal restrictions consistent with this Section. SECTION 19. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. SECTION 20. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law. SECTION 21. Effective Date. Pursuant to Government Code Section 36937, this Urgency Ordinance shall take effective immediately upon approval of the same by a four-fifths (4/5) affirmative vote of the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 25th day of January, 2022. Darcy c oe Ma ATTEST: ebra Thomas City Clerk CC Ord No.336 Page 15 of 16 January 25,2022 APPROVED AS TO FORM: Adrian R. Guerra City Attorney CC Ord No. 336 Page 16 of 16 January 25,2022 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 336-U was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 25t' day of January 2022, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Wilson, Robles; Mayor McNaboe NOES: None. ABSENT: Mayor Pro Tern Hussey ABSTAIN: None. Executed this 26U'day of January 2022, at Grand Terrace, California. I',—1&�/j - - - Debra L. Thomas City Clerk [SEAL]