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04/21/2022 - SPCITY OF GRAND TERRACE CITY COUNCIL/PLANNING COMMISSION AGENDA ● APRIL 21, 2022 Council Chambers Special Meeting Workshop 6:30 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council/Planning Commission on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council/Planning Commission, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 819 6675 5216 Password: 061868 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council/Planning Commission during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council/Planning Commission may direct staff to investigate and/or schedule certain matters for consideration at a future City Council/Planning Commission meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. Any documents provided to a majority of the City Council/Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. Agenda Grand Terrace City Council/Planning Commission April 21, 2022 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council and Planning Commission PLEDGE OF ALLEGIANCE ROLL CALL Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    Chairman Edward Giroux    Planning Commissioner Tara Ceseña    Planning Commissioner David Alaniz    A. PUBLIC COMMENT This is the opportunity for members of the public to comment on items on the agenda only. At a special meeting workshop of the City Council/Planning Commission, pursuant to California law, the City Council/Planning Commission will only be taking public comment on items listed on the agenda. B. NEW BUSINESS 1. Joint City Council and Planning Commission/Site and Architectural Review Board Workshop for Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Accessory Dwelling Units and Junior Accessory Dwelling Units; and Related Proposed Ordinances RECOMMENDATION: 1. That City Council and Planning Commission/Site and Architectural Review Board first receive a presentation on ADU and JADU law and objective standards updating the City's Accessory Dwelling Units and Junior Accessory Dwelling Units and provide input and direction to Staff on the proposed revisions to ADU/JADU ordinance. 2. That, following completion of the discussion on ADU/JADU regulations, the City Council and Planning Commission/Site and Architectural Review Board receive a presentation on SB 9 and provide input and direction to Staff on the proposed objective standards for implementation of Senate Bill No. 9. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES Agenda Grand Terrace City Council/Planning Commission April 21, 2022 City of Grand Terrace Page 3 ADJOURN AGENDA REPORT MEETING DATE: April 21, 2022 Council Item TITLE: Joint City Council and Planning Commission/Site and Architectural Review Board Workshop for Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Accessory Dwelling Units and Junior Accessory Dwelling Units; and Related Proposed Ordinances PRESENTED BY: Haide Aguirre, Associate Planner RECOMMENDATION: 1. That City Council and Planning Commission/Site and Architectural Review Board first receive a presentation on ADU and JADU law and objective standards updating the City's Accessory Dwelling Units and Junior Accessory Dwelling Units and provide input and direction to Staff on the proposed revisions to ADU/JADU ordinance. 2. That, following completion of the discussion on ADU/JADU regulations, the City Council and Planning Commission/Site and Architectural Review Board receive a presentation on SB 9 and provide input and direction to Staff on the proposed objective standards for implementation of Senate Bill No. 9. 2030 VISION STATEMENT: This staff report supports Mission Statement, Goal No. 3 to promote economic development by updating zoning and development code in preparation for future development, and to preserve and protect our community and its exceptional quality of life through thoughtful planning. BACKGROUND: On January 25, 2022, the City Council adopted Urgency Ordinance No. 336-U, establishing objective standards for the regulation of lot splits and new units developed under Senate Bill 9 (SB9). At the meeting, the City Council directed staff to process a regular SB9 Ordinance and directed staff to update the City’s regulations on accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). The City Council provided comments to be reviewed by staff and to be incorporated in the proposed city standards, if permissible by state law. On March 3, 2022, the Planning Commission conducted a Noticed Public Hearing and voted unanimously 4-0 adopting a Resolution recommending that the City Council adopt an Ordinance establishing standards for SB 9 lot splits and developments and recommending that the City Council adopt an Ordinance updating the city’s ADU/JADU B.1 Packet Pg. 4 regulations. At the meeting, the Planning Commission reviewed the City Council’s comments and made additional recommendations to be included to the SB9 and ADU/JADU standards. On March 22, 2022, the City Council conducted a Noticed Public Hearing and voted unanimously 5-0 to continue the Public Hearing to a date uncertain and direct staff to conduct a joint City Council and Planning Commission workshop to further review and discuss the State Legislation requirements and provide input on the city’s proposed objective standard for SB9 and ADU/JADU developments. The SB 9 and ADU/JADU laws are related as they both result in additional residential density and create additional development options on single-family residential zoned properties. Both legislations allow cities to establish objective standards as long as they do not conflict with state law. Consequently, the workshop will focus on the legislation requirements and the city’s proposed objective standards to govern future SB 9 and ADU/JADU projects. DISCUSSION: ADU/JADU Ordinance State law allows the development of ADUs and JADUs in residential and mixed-use zones. The City’s current ADU ordinance was adopted in 2017. ADU and JADU laws have been revised substantially in the last 5 years. Consequently, the City’s ADU and JADU regulations must be updated in order to comply with state law. The majority of ADU/JADU law is set by state law and does not allow for any flexibility at the local level. There are, however, a few issues that the City can regulate, and consequently staff is seeking direction on these issues. The issues are as follows: 1. Size: The City an establish minimum and maximum sizes for ADUs. The minimum size cannot be smaller than an “efficiency unit,” which is 220 square feet. If the city wants to be as restrictive as possible, the City can set the following maximum size requirements: Detached ADU Studio/1-bedroom: 850 sf 2+ bedrooms: 1000 sf Attached ADU Studio/1-bedroom: 850 sf, or 50% of floor are in primary unit, whichever is smaller (but no less than 800 sf) 2+ bedrooms: 1000 sf, or 50% of floor are in primary unit, whichever is smaller (but no less than 800 sf) However, if the City would like to be less restrictive, these maximum sizes can be B.1 Packet Pg. 5 increased. A standard maximum size in less restrictive cities is 1,200 sf. Size limitations will not apply to ADUs created by converting space in an existing structure. 2. Height: If the City wants to be as restrictive as possible, it can limit ADUs to a maximum of 16 feet in height. However, the City may allow a less restrictive height limit. Furthermore, the City may restrict new ADU construction to ground- level only, or may allow ADUs to be added on as second stories - for example, above detached garages. Height limitations will not apply to ADUs created by converting space in an existing structure. 3. Water, Sewer, and Septic: Requirements for water, sewer, and septic are included in Section 18.69.050(e)(8)-(9) of the proposed ADU ordinance. These requirements could be revised if desired. 4. Design Standards: The City may impose objective design and architectural standards on ADUs. In the absence of ADU-specific standards, the City’s general design standards would apply. Staff are recommending the following standards: - The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling. - If a manufactured home is used as an accessory dwelling unit, it shall comply with the following design requirements: a. It shall comply with the design standard above, except that if materials matching the primary dwelling are not commercially available for a manufactured home, then finish materials shall be the same color as the finish materials on the primary dwelling; b. The roof shall have a minimum 16-inch overhand and shall have a minimum pitch of not less than two inches vertical rise for each 12 inches of horizontal run; and c. Mechanical equipment associated with the manufactured home shall be located so as to not be visible from a public street or adjoining property. 5. Additional Development Standards: Staff would like direction on any other development standards that the Council or Commission would like to see in the ADU/JADU ordinance. These could include, for example, a minimum required distance between detached structures on a single parcel, a requirement to replace trees that are removed due to construction of a new unit, etc. SB 9 Ordinance Senate Bill No. 9 (SB 9) became effective on January 1, 2022. SB 9 has two primary effects on City land use regulations. First, it requires cities to permit up to two primary B.1 Packet Pg. 6 residences on each parcel in single-family residential zones, where previously only one primary residence would be allowed. When combined with ADUs/JADUs, this means that a parcel in a single-family residential zone could have up to 4 dwelling units, if it was not created through an SB 9 lot split. Second, SB 9 requires cities to permit owners of single-family residential lots to split their lots in half and create two separate smaller parcels, even if the resulting lots are smaller than the minimum lot size otherwise allowed. New lots resulting from an SB 9 lot split may only have up to two units on them, inclusive of ADUs and JADUs. As with ADUs/JADUs, many of the regulations under SB 9 are set by state law and cannot be changed by cities. However, the City does have some authority to set objective zoning, subdivision, and design standards that do not conflict with state law. Staff is seeking direction regarding the following issues: 1. Size: Under SB 9, a lot may have either 1 or 2 primary units on it. If it has two units, they could be detached from one another or attached (i.e. a duplex). The city can set size requirements for these units, but cannot make the size smaller than 800 square feet. There is one more factor to consider. Some of the units will be on normal-sized lots. However, other units could be built on substandard-sized lots that result from SB 9 lot splits. The City may want to have different size standards depending on whether the unit is on a standard parcel or a lot-split parcel. Here is one possible regulation: (a) The first primary unit on a lot will have no maximum size requirement, but will only be subject to setback, maximum lot coverage, and other development standards applicable to the lot. (b) The second primary unit on a lot will be limited to 800 sf. (c) A new construction duplex (2 attached units) will be limited to 1,200 sf per unit. Another option would be to create an (a)(1) for standard lots and an (a)(2) for lot- split lots, as follows: (a)(1) Standard-Sized Parcel: The first primary unit on a lot will have no maximum size requirement, but will only be subject to setback, maximum lot coverage, and other development standards applicable to the lot. (a)(2) Substandard-Sized Parcel: The first primary unit on a lot resulting from an SB 9 lot split will be limited to 1,200 sf. The numbers stated above are just examples and could be changed, but cannot be less than 800 sf. B.1 Packet Pg. 7 2. Height: Does City want to impose height restrictions on the first and/or second primary unit on a parcel? 3. Notice: Does City want to give adjacent property owners notice that an application for an urban lot split or second primary unit has been submitted? 4. Water, Sewer, and Septic: Staff is proposing requirements for water, sewer, and septic that are similar to those for ADUs. See Section 18.65.040(G) of the proposed SB 9 ordinance. These requirements could be revised if desired. 5. Additional Development Standards: Staff would like direction on any other development standards that the Council or Commission would like to see in the SB 9 ordinance. These could include, for example, a minimum required distance between detached structures on a single parcel, a requirement to replace trees that are removed due to construction of a new unit, etc. 6. Shape of Parcel Resulting from Lot Split: Does the Council or Commission have a preference for side-by-side lots or flag lots or no preference? If there is a preference, the City can impose requirements to impose that preference - for example, minimum frontage requirements, minimum lot width, prohibition of flag lots, etc. Changes to Previously Proposed Regulations Staff would also like to note a few regulations that were previously proposed but are no longer being proposed in light of new information distributed by the Department of Housing and Community Development and other analysis. First, it was previously proposed to require the development of two units on a vacant parcel created by an SB 9 lot split (i.e. the owner would not be allowed to build just one unit on a vacant parcel created by an SB 9 lot split). Second, it was previously proposed to require that second units and two-unit developments created under SB 9, if rented, could only be rented to lower-income households at an affordable rent for 55 years, which would be enforced through a covenant recorded on the property. Third, it was previously proposed that JADUs would not be allowed on parcels with two primary units. These regulations are no longer being proposed by staff. Further Information The following tables have been enclosed to illustrate legislation requirements: • Table 1 - SB 9 vs ADU/JADU requirements comparison • Table 2 - Requirements for SB 9 Lot Split B.1 Packet Pg. 8 • Table 3 - Number of Units Allows on Standard Lot vs. Lot Created by SB 9 Lot Split • Table 4 - SB 9 Subdivision lot size table per zoning FISCAL IMPACT: There will be no fiscal impact associated with this workshop. ATTACHMENTS: • ADU_SB 9 Comparison (DOCX) • Requirements for SB 9 Lot Split (DOCX) • Amount of Units Allowed on Parcel in Single-Family Zone (DOCX) • Zoning Table for SB9 Subdivision (DOCX) • Draft ADU Ordinance_Grand Terrace_with PC revisions (DOCX) • Draft REGULAR SB 9 Ordinance_Grand Terrace_with PC revisions(DOCX) • 336-U (PDF) APPROVALS: Haide Aguirre Completed 04/18/2022 2:00 PM City Attorney Completed 04/18/2022 1:59 PM City Manager Completed 04/18/2022 2:17 PM City Council Pending 04/21/2022 6:30 PM B.1 Packet Pg. 9 TABLE 1 01247.0005/783856.1 Comparison Between ADUs, JADUs, and SB 9 Units ADU JADU SB 9 Units Governing Law GC 65852.2 GC 65852.22 GC 65852.21 Type of Approval Ministerial; no public hearing Ministerial; no public hearing Ministerial; no public hearing Where Permitted Any residential or mixed use zone Any residential or mixed use zone Single-family residential zones Parcel Requirements Lot must have an existing or proposed single-family or multi-family residence Lot must have an existing or proposed single-family residence 1. Lot cannot be any of the things listed in GC 65913.4(a)(6)(B) through (a)(6)(K)1 2. Cannot be located in a historic district or similarly designated property Number of Units Allowed 1 on property with single-family dwelling 2 on property with multi-family dwelling 1 1 or 2 1 (1) Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure; (2) wetlands; (3) within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures; (4) a hazardous waste site that has not been cleared for residential use; (5) within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards; (6) within a special flood hazard area subject to inundation by a 100-year flood, unless the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city or the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; (7) within a regulatory floodway, unless the development has received a no-rise certification; (8) lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; (9) habitat for protected species; or (10) land under a conservation easement. B.1.a Packet Pg. 10 At t a c h m e n t : A D U _ S B 9 C o m p a r i s o n ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 1 01247.0005/783856.1 Multiple if converted from existing non- livable space of a multi-family dwelling Relation to Other Units on Property Can be attached to main residence, detached, or converted from existing space in main residence or detached structure (e.g., a detached garage) Must be located entirely with a single- family dwelling Can be detached from each other, or connected to each other (i.e. a duplex) Size City must allow at least 850 sf for studio/one-bedroom City must allow at least 1000 sf for two or more bedrooms City can limit attached units to 50% of floor area of primary unit, but not less than 800 sf Up to 500 sf City must allow units to be at least 800 sf Development Standards City can apply existing development standards (with exception of side and rear setbacks) unless they would prevent a unit from being at least 800 sf City can apply existing development standards City can apply existing development standards (with exception of side and rear setbacks) unless they would prevent up to two units or would prevent either unit from being at least 800 sf Setbacks No limit on front setback; side and rear setback can only be up to 4 feet; no setback can be Same a primary unit. No limit on front setback; side and rear setback can only be up to 4 feet; no setback can be B.1.a Packet Pg. 11 At t a c h m e n t : A D U _ S B 9 C o m p a r i s o n ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 1 01247.0005/783856.1 imposed for unit built in same location and to same dimensions as existing unit imposed for unit built in same location and to same dimensions as existing unit Parking Up to 1 parking spot per unit, but not allowed if: 1. The unit is located within ½ mile walking distance of public transit 2. The unit is located within architecturally or historically significant historic district 3. The unit is part of the proposed or existing primary residence or an accessory structure. 4. On-street parking permits are required but not offered to occupants of ADU 5. There is a car share vehicle within one block of unit Cannot require additional parking Up to 1 parking spot per unit, but not allowed if: 1. The parcel is located with ½ walking distance of a high-quality transit corridor or a major transit stop 2. There is a car share vehicle within one block of the parcel Owner Occupancy Owner occupancy not required Owner must reside in either JADU or remainder of primary unit Owner occupancy not required Development Impact Fees Only allowed for units larger than 750 sf; must be proportional to fees charged to primary unit on a sf by sf basis Not allowed Allowed without limitations B.1.a Packet Pg. 12 At t a c h m e n t : A D U _ S B 9 C o m p a r i s o n ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 1 01247.0005/783856.1 Short-Term Rentals (< 31 days) Not allowed Not allowed Not allowed Required Facilities Full facilities for independent living Only needs to have an efficiency kitchen, not a full kitchen; can share bathroom with main house Full facilities for independent living Limits on Demolition or Alternation of Existing Housing None None An SB 9 development cannot require or allow the demolition or alteration of any of the following types of housing: - 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. - Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. - Housing that has been occupied by a tenant in the last three years. B.1.a Packet Pg. 13 At t a c h m e n t : A D U _ S B 9 C o m p a r i s o n ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 2 01247.0005/784154.1 Requirements for SB 9 Lot Split State Requirements 1. Only allowed in single-family residential zones - RH, R1-20, R1-10, and R1-7.2 zones 2. Not allowed on parcels that are located in or on certain kinds of protected farmland; wetlands; high fire severity zones (subject to some exceptions); hazardous waste sites; earthquake fault zones; flood hazard areas; habitat for protected species; or land under a conservation easement 3. Not allowed in historic districts 4. City may deny a proposed SB 9 lot split if the building official makes a written finding based upon a preponderance of the evidence, that the proposed project would have a specific adverse impact (as defined) 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 5. Resulting lots must be at least 40% of the size of the original lot and must be at least 1,200 square feet 6. An urban lot split cannot be used to split a lot that was previously split by an urban lot split 7. An urban lot split cannot require or allow the demolition or alteration of any of the following types of housing: - 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. - Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. - Housing that has been occupied by a tenant in the last three years. 8. Vacant lots are not eligible for an urban lot split 9. Lots resulting from urban lot splits can only be used for residential uses 10. Owner of the property must sign an affidavit stating intent to occupy a unit on one of the resulting parcels as their primary residence for three years after approval of lot split B.1.b Packet Pg. 14 At t a c h m e n t : R e q u i r e m e n t s f o r S B 9 L o t S p l i t ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 2 01247.0005/784154.1 11. Resulting lots must have access to right-of-way and must dedicate easements for utilities and public facilities 12. Units built on resulting parcels cannot be rented for terms of less than 31 days (no short-term rentals) 13. Resulting parcels may only have up to two units on them (including ADUs and JADUs) 14. Lot splits must comply with all requirements of the Subdivision Map Act and all other City standards for lot splits 15. Urban lots splits will be ministerially approved without a public hearing B.1.b Packet Pg. 15 At t a c h m e n t : R e q u i r e m e n t s f o r S B 9 L o t S p l i t ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 3 01247.0005/784016.1 Amount of Units Allowed on Parcel in Single-Family Zone Standard Lot Lot Resulting from Urban Lot Split Maximum # of Units1 4 2 Possible Configurations - 1 SFD - 2 SFDs - 2 SFDs (Duplex) - 1 SFD + ADU - 1 SFD + JADU - 1 SFD + ADU + JADU - 2 SFDs + ADU - 2 SFDs + JADU - 2 SFDs + ADU + JADU - 2 SFDs (Duplex) + ADU - 2 SFDs (Duplex) + 2 ADUs - 1 SFD - 2 SFDs - 2 SFDs (Duplex) - 1 SFD + ADU - 1 SFD + JADU 1 “Unit” means any dwelling unit, including ADUs and JADUs. B.1.c Packet Pg. 16 At t a c h m e n t : A m o u n t o f U n i t s A l l o w e d o n P a r c e l i n S i n g l e - F a m i l y Z o n e ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) TABLE 4 ZONING MINIMUM LOT SIZE SB 9 LOT SUBDIVISION POSSIBLE OPTIONS 40% 50% 60% RH-Hillside Residential 43,560 sq. ft. (1-acre) 17,424 21,780 26,136 R1-20-Very Low Density Single Family Residential 20,000 sq. ft. 8,000 10,000 12,000 R1-10-Low Density Family Residential 10,000 sq. ft. 4,000 5,000 6,000 R1-7.2-Single Family Residential 7,200 sq. ft. 2,880 3,600 4,320 B.1.d Packet Pg. 17 At t a c h m e n t : Z o n i n g T a b l e f o r S B 9 S u b d i v i s i o n ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U 01247.0005/768424.3 1 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENTS TO REGULATIONS OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, Chapter 18.69 of the Grand Terrace Municipal Code establishes regulations of accessory dwelling units and junior accessory dwelling units; and WHEREAS, updates to the City’s regulations of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are needed in order to make these regulations compliant with state law and clarify the relationship between ADUs/JADUs and units created under SB 9; and WHEREAS, the Planning Commission considered this ordinance at the Planning Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0 adopting a resolution recommending City Council approval; and WHEREAS, on March 22, 2022 the City Council of the City of Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and conclude the hearing on said date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 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. CEQA. The City Council finds and determines that the adoption of an ordinance regarding second units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 and 65852.22 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, this ordinance does not require any environmental review under CEQA. SECTION 3. 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 (ADU). “Accessory dwelling unit” or ADU means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. 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. B.1.e Packet Pg. 18 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 2 SECTION 4. 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 (JADU). “Junior accessory dwelling unit” or JADU 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 5. Section 18.06.082 (Accessory dwelling unit) is hereby deleted in its entirety. SECTION 6. Chapter 18.69 of the Grand Terrace Municipal Code (Accessory Dwelling Units) is hereby repealed and replaced in its entirety with the following (new text in bold italics): Chapter 18.69 - ACCESSORY DWELLING UNITS 18.69.010 - Purpose. This chapter is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions. 18.69.020 - Definitions. For purpose of this chapter, the following terms shall be defined as follows: (a) “Multifamily dwelling” means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling. (b) “Single-family dwelling” means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units. 18.69.030 - Review process; certificate of occupancy. (a) Applications for accessory dwelling units and junior accessory dwelling units pursuant to this chapter shall be processed ministerially, without discretionary review or a hearing, through the administrative site and architectural review process, as described in Chapter 18.63, within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single- family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or B.1.e Packet Pg. 19 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 3 junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) A certificate of occupancy for an accessory dwelling unit shall not be issued before the city issues a certificate of occupancy for the primary dwelling. 18.69.040 - Consistency with density requirements, zoning, and general plan. Accessory dwelling units and junior accessory dwelling units do not exceed the allowable density for the parcel on which they are located, and are a residential use consistent with the general plan and zoning designation of the parcel on which they are located. 18.69.050 - General requirements. (a) Location. (1) An accessory dwelling unit: (A) Shall be located within a proposed or existing single-family dwelling, or an existing multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure; (B) Shall be detached from, but located on the same lot as, a proposed or existing single-family dwelling, or an existing multifamily dwelling; or (C) Shall be attached to a proposed or existing single-family dwelling or an existing multifamily dwelling. (2) An accessory dwelling unit located within a multifamily dwelling structure may only be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings. (3) A junior accessory dwelling unit shall be located entirely within a proposed or existing single-family dwelling structure. (b) Number of units. (1) Up to one accessory dwelling unit is allowed on any lot with one or more existing or proposed single-family residence. (2) Up to one junior accessory dwelling unit is allowed on any lot with one and only one existing or proposed single-family residence. No junior accessory dwelling units are allowed on a lot with more B.1.e Packet Pg. 20 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 4 than one existing or proposed single-family residence or with a multifamily residence. If a second unit is proposed to be built on a lot with an existing junior accessory dwelling unit, then the junior accessary dwelling unit must be demolished prior to issuance of a building permit for the second unit. (3) One, but not both, of the following options is permitted on a lot with an existing multifamily residence: (A) Up to two detached accessory dwelling units; or (B) Accessory dwelling units within the multifamily dwelling, as follows: The amount of accessory dwelling units allowed within a multifamily dwelling shall be equal to 25 percent of the number of units in the multifamily dwelling; provided, that fractional units shall be rounded down, and at least one accessory dwelling unit shall be allowed in each multifamily dwelling structure. For example, one accessory dwelling unit is allowed in a multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to eleven units; and three accessory dwelling units are allowed in a multifamily dwelling structure with twelve units. (4) One, but not both, of the following options is permitted on a lot with both one or more existing or proposed single-family residences and an existing multifamily residence: (A) One accessory dwelling unit, which is either detached, or attached to a single-family or multifamily dwelling, or within a single-family dwelling; or (B) Accessory dwelling units in accordance with subsection (b)(3)(B). (5) Notwithstanding any other provision in this chapter, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060. (6) For a diagram of possible configurations of primary dwelling units, accessory dwelling units, junior accessory dwelling units, two-unit developments, and second units on a lot in the RH, R1- 20, R1-10, and R1-7.2 zone, including a lot created by an urban lot split, see Section 17.80.100. (c) Required facilities. B.1.e Packet Pg. 21 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 5 (1) Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom. (2) Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence. (d) Separate entrances. Junior accessory dwelling units and accessory dwelling units located within or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence. However, no passageway to the unit is required. For purposes of this subsection (d), a “passageway” has the definition given in Government Code Section 65852.2(j), as may be amended. (e) Development standards. (1) Accessory dwelling units and junior accessory dwelling units shall comply with the development standards in Table 18.69-1 (Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units). Table 18.69-1 Development Standards For Accessory Dwelling Units and Junior Accessory Dwelling Units Feature Standard Maximum Size (Floor Area) Accessory Dwelling Units Attached: Studio or one bedroom: 850 square feet or 50% of the floor area of the primary dwelling structure[1], whichever is less Two or more bedrooms: 1,000 square feet or 50% of the floor area of the B.1.e Packet Pg. 22 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 6 primary dwelling structure[1], whichever is less Detached: Studio or one bedroom: 850 square feet Two or more bedrooms: 1,000 square feet Junior Accessory Dwelling Units 500 square feet Setback – Front[2] Same as required for primary residence Setback – Side/Rear[2] 4 feet[3] Maximum Height 16 feet and 1 story; ADUs and JADUs may not be constructed above existing structures, but existing second stories may be converted into ADUs or JADUs Minimum Unit Separation A detached accessory dwelling unit shall be separated by at least 15 feet from the primary dwelling Minimum Lot Size None [1] Including an attached garage, exterior storage space, or other structure that is attached to the primary dwelling, but not including an attached accessory dwelling unit or junior accessory dwelling unit. [2] Notwithstanding the Table, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure; where: (i) the existing structure is permitted; and B.1.e Packet Pg. 23 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 7 (ii) the conversion or new construction will have the same dimensions as the existing structure. [3] If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than four feet if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than one hundred and fifty (150) square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. If the expansion will be greater than 150 square feet or will be for a purpose other than facilitating entrance to and exit from the accessory dwelling unit, then the four- foot side and rear set back will apply. (2) Except as provided in Table 18.69-1, accessory dwelling units and junior accessory dwelling units shall comply with all building and development standards applicable to the primary residence on the same lot, including maximum lot coverage requirements, subject to subsection (e)(3), below. (3) If the applicable maximum lot coverage requirement, open space requirement (if any), or the 50% size ratio or minimum unit separation requirement imposed in Table 18.69-1 would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred (800) square feet and 16 feet in height, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred (800) square feet and 16 feet in height, provided that the unit shall comply will all other development standards, including but not limited to setback requirements. (4) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. (5) Notwithstanding any other provision of this code, approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property. (6) Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued. (7) Utilities. B.1.e Packet Pg. 24 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 8 (A) The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home. (B) Except as provided in subdivision (A), accessory dwelling units and junior accessory dwelling units shall have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s). (8) Sewer. (A) Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit, the City Engineer shall inspect existing sewer lines and/or the onsite wastewater treatment system on the parcel. As part of this inspection, the City Engineer may, if applicable, require documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City sewer or septic system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. (B) If a parcel relies on an onsite wastewater treatment system, and a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. (9) If a manufactured home is used as an accessory dwelling unit, it shall comply with the following requirements: B.1.e Packet Pg. 25 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 9 (A) It shall be no more than ten years old on the day it is installed on the property; (B) It shall be installed on a permanent foundation; (C) It must meet the design standards in Section 18.69.060(b). (10) If the construction of an accessory dwelling unit or junior accessory dwelling unit will result in the removal of one or more trees with a trunk diameter of six (6) inches or greater, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one new 24-inch box tree on site for each tree removed. The proposed project site shall have a minimum of one tree per unit. 18.69.060 - Design standards. (a) The architectural design and detailing, roof material, exterior color, and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall be the same as those of the primary dwelling. (b) If a manufactured home is used as an accessory dwelling unit, it shall comply with the following design requirements: (1) It shall comply with the design requirements in Section 18.69.060(a), except that if materials matching the primary dwelling are not commercially available for a manufactured home, then finish materials shall be the same color as the finish materials on the primary dwelling; (2) The roof shall have a minimum 16-inch overhand and shall have a minimum pitch of not less than two inches vertical rise for each 12 inches of horizontal run; and (3) Mechanical equipment associated with the manufactured home shall be located so as to not be visible from a public street or adjoining property. 18.69.070 - Parking requirements. (a) One new on-site off-street parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in subsection (c). The new parking space(s) shall be in addition to all existing parking spaces on the parcel. (b) No additional parking spaces are required for a junior accessory dwelling unit. (c) Notwithstanding subsection (a), no additional parking is required for accessory dwelling units in the following circumstances: B.1.e Packet Pg. 26 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 10 (1) The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j), as may be amended. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (d) Off-street parking may be provided in setback areas in locations determined by the planning and development services department or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions. (e) Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit. However, off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a junior accessory dwelling unit or is converted to a junior accessory dwelling unit. (f) All parking design standards in Chapter 18.60 shall apply unless they conflict within this Chapter, in which case this Chapter shall govern. 18.69.080 - Sale and rental of units; rental property program compliance. (a) Except as provided in Government Code Section 65852.26, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence. (b) An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days. (c) Unless the owner of the property provides the City with an annual certification that a unit is owner-occupied, accessory dwelling units and junior accessory dwelling units shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental Property Program). 18.69.090 - Deed restriction – junior accessory dwelling unit. B.1.e Packet Pg. 27 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 11 The approval of a junior accessory dwelling unit shall be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the City on the property where the unit is, or will be, located. The covenant shall be approved by the city attorney and the building official. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following: (a) A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. (b) A restriction on the size and attributes of the unit that conforms to Government Code Section 65852.22, including the owner-occupancy requirement in Section 18.69.100. 18.69.100 - Owner occupancy – junior accessory dwelling unit. The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization. 18.69.110 - Development impact fees. No impact fee shall be imposed for an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, “impact fee” has the meaning given in Government Code Section 65852.2(f)(3)(b). SECTION 7. 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 8. 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 9. Submission to Department of Housing and Community Development. Pursuant to Government Code section 65852.2(h), a copy of this ordinance shall be submitted to the Department of Housing and Community Development within 60 days after adoption. B.1.e Packet Pg. 28 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/768424.3 12 SECTION 10. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving the first reading, except by title, at a regular meeting thereof held on the ____ day of _____________, 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________, 2022, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: _____________________________ Darcy McNaboe Mayor ATTEST: ____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney B.1.e Packet Pg. 29 At t a c h m e n t : D r a f t A D U O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 1 ORDINANCE NO. ___ AN 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, the City Council adopted Urgency Ordinance 336-U on January 25, 2022, establishing objective standards and regulations regarding second units, two-unit developments, and urban lot splits authorized by SB 9; and WHEREAS, out of an abundance of caution, the City Council now wishes to adopt the same regulations through the regular ordinance process, and also wishes to make certain revisions to the previously adopted SB 9 regulations; and WHEREAS, the Planning Commission considered this ordinance at the Planning Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0 adopting a resolution recommending City Council approval; and WHEREAS, on March 22, 2022 the City Council of the City of Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and conclude the hearing on said date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 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. 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 65852.21(j) and 66411.7(n), and therefore do not require any environmental review under CEQA. SECTION 3. Urgency Ordinance 336-U is hereby repealed in its entirety and all changes to the Grand Terrace Municipal Code made therein are hereby repealed. 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 strikethrough; additions in bold italics): H. The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or second 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): B.1.f Packet Pg. 30 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 2 Table 17.04.050 Review, approval and appeal body TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Tentative maps Planning Commission City Council N/A Vesting tentative maps Planning Commission City Council N/A Tentative parcel maps Planning Commission City Council N/A Tentative map extensions City staff and other responsible agencies Director Planning Commission Parcel maps (4 or less lots) City staff and other responsible agencies City Council N/A Final maps (5 or more lots) City staff and other responsible agencies City Council N/A Waivers of parcel maps City staff and other responsible agencies City Engineer Planning Commission Urban Lot Splits City staff and other responsible agencies City Engineer Planning Commission Reversion to acreage Planning Commission City Council N/A Lot and parcel mergers City staff and other responsible agencies Director Planning Commission Lot line adjustments City staff and other responsible agencies Director Planning Commission Certificate of Compliance City staff and other responsible agencies City Engineer Planning 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 strikethrough; 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). GG. 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. HH. 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. B.1.f Packet Pg. 31 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 3 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 urban lot splits in accordance with the requirements of Government Code Section 66411.7. 17.30.020 - Permitted applicants; ministerial review; standard for denial; courtesy notice. A. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or as a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for 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 a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. B. 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. C. 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. D. Notwithstanding subsection B, 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. E. At least seven days prior to making a determination on an application for an urban lot split, the City Engineer shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the B.1.f Packet Pg. 32 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 4 proposed lot split will be located informing the owner(s) of the submitted application. 17.30.030 - Parcel requirements. The parcel that is proposed for subdivision through an urban lot split: A. Shall be located in an RH, R1-20, R1-10, or R1-7.2 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 on 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: 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: B.1.f Packet Pg. 33 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 5 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 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. 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 owner of the parcel being split 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 any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and 3. The owner 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 if the owner of the parcel 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 “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 from an urban lot split shall have access to or adjoin the public right-of-way, and, if 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: B.1.f Packet Pg. 34 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 6 1. Dedications of rights-of-way or the construction of 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. C. A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split. D. Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibilities between the owners of the two lots. 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 B.1.f Packet Pg. 35 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 7 and Two-Unit Developments), an accessory dwelling unit, or a junior accessory dwelling unit. 17.30.070 - Limitation on development of vacant parcel created by urban lot split. Notwithstanding any other provision of this code, if an urban lot split results in the creation of a vacant parcel, the only permitted use of such parcel shall be a two-unit development. 17.30.080 - Deed restriction. As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner’s cost, and shall limit the use of each parcel in accordance with the standards of this chapter, including but not limited to the requirements in Sections 17.30.050 through 17.30.070. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced. SECTION 8. 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 9. Section 18.06.083 (Single-family detached) is hereby deleted in its entirety. SECTION 10. 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 11. 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. “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 12. 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. B.1.f Packet Pg. 36 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 8 “Two-unit development” means the simultaneous development of two new residential dwelling units on a parcel with no existing primary dwelling units. SECTION 13. 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 new footnotes (g) and (h) shall be added, as follows (deletions in bold strikethrough; additions in bold italic): TABLE 18.10.030 LAND USE REGULATIONS Permitted Uses RH R1- 20 R1- 10 R1- 7.2 R2 R3 R3- S R3- 20/R3- 24 A. Residential Uses Single-Family (Detached), Full Sized Pg Pg Pg Pg Pa Pb - - Second Units (Subject to Chapter 17.30 and 18.65) Ph Ph Ph Ph - - - - Two-Unit Developments (Subject to Chapter 17.30 and 18.65) Ph Ph Ph Ph - - - - Single-Family (Attached) (Duplexes, Triplexes, and Fourplexes) - - - - P P - P Multiple Family Units - - - - P P - P Manufactured Housing (As Permitted Per Chapter 18.66) P P P P P P - - Mobile Home Park - - - - C C - - Senior Citizen Housing Pd P B. Residential Accessory Structures Accessory Structure P P P P P P Pd P Second-Family Unite (As Permitted Per Chapter 18.63) P P P P P P - - Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) Pg Pg Pg Pg P P P P Junior Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) Pg Pg Pg Pg P P - - Guest House C C C C C C - - Private Garage P P P P P P - P Private Swimming Pool P P P P P P Pd P Home occupation (As Permitted Per Chapter 5.06) P P P P P P Pd P Keeping of Cats and Dogs (Maximum of Two Each) P P P P P P Pd P Other Accessory Uses (As Approved by the Planning Director) P P P P P P Pd P C. Other Uses Churches (Minimum Three-Acre Parcel)e C C C C C C - - Schools (Private and Parochial)e C C C C C C - - Public Park and Playgrounde P P P P P P - - Public Facilities (And Quasi- Public)e C C C C C C - - Family Day Care (Eight or Less Children)e P P P P P P - - Family Day Care Center (Nine or More Children)e C C C C C C - - Residential Care Facility (Six or Less Persons) P P P P P P P P Residential Care Facility (Seven or More Persons)f C C - - Single Room Occupancy C C - - Utility or Service Facilitye C C C C C C - - Outdoor Recreation Facilitye C C C C C C - - D. Temporary uses Temporary Uses (As approved by Planning Director) P P P P P P Pd P B.1.f Packet Pg. 37 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 9 Temporary Trailers (As Approved by Planning Director) P P P P P P Pd P 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. Subject to administrative site and architectural review. 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. This use is not permitted on vacant parcels resulting from urban lot splits. See Section 17.30.070. h. Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 18.65.020(C). SECTION 14. Chapter 18.60.030, subsection A, of the Grand Terrace Municipal Code is hereby amended as follows (additions in bold italics): B.1.f Packet Pg. 38 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 10 The requirements for off-street parking shall be as follows: A. Residential Uses. 1. Single-family dwellings (detached): a. Two parking spaces for each residential unit shall be provided on the same parcel of land as the residential unit, b. The required spaces shall be located within a garage; 2. Multiple-family dwellings: a. One parking space for each studio or efficiency unit. b. Two parking spaces for each one-, two- or three-bedroom unit. c. Three parking spaces for each four-bedroom unit or more. d. At least one space shall be located within a garage or carport, and all required spaces shall be located within 150 feet of the unit being served. e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential unit, and shall be rounded up to the next whole number. f. Guest parking: (i) Shall be identified as "Guest Parking"; (ii) Shall not be used for the storage of recreational vehicles, boats, trailers or other similar items; (iii) Shall be located on the same parcel of land as the residential units and shall be within reasonable walking distance of said units; (iv) May be uncovered spaces; and (v) May be located on a private street within the site or in a common parking area. 3. Second units and two-unit developments: See Chapter 18.65. 4. Accessory dwelling units and junior accessory dwelling units: See Chapter 18.69. SECTION 15. Subsections B and C of Section 18.63.020 of the Grand Terrace Municipal Code are hereby amended as follows (additions in bold italics): B.1.f Packet Pg. 39 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 11 B. Land Use Application. The purpose of this section is to empower the community development director or representative with responsibilities for site and architectural review of minor items, yet which may have potential to adversely affect the environment. Noticing to adjacent property owners will be at the discretion of the community development director, with the exception of satellite dishes. 1. Land use application, regardless of need for a permit, shall be required in the event any of the following actions or construction occur: a. Any new construction exceeding six feet in height; b. Any remodeling or renovation of a structure which results in: i. A change in use or intensity of use (includes any proposed use of a structure which has been vacant for a period of six months or more), or ii. An increase in building size (including bulk area and floor area), or iii. Increased capacity, or iv. Additional street access; c. Plan check or clearance of building plans including, but not limited to: swimming pools, spas, patio covers, enclosures, all types of accessory structures, walls, fences and other structures which do not require administrative or formal site and architectural review. 2. The following items may be approved by the planning director without going to the site and architectural review board: a. Sunrooms, provided they strictly meet the planning commission setback policies, UBC and other construction code regulations; b. Satellite dish antennae, provided they can be screened from the street in accordance with code and design standards. Notice including location map or site plan shall be mailed to adjacent property owners requesting comments at least two weeks in advance of the Planning Director's decision; c. Overhead decks, provided they strictly meet the Planning Commission design guidelines; B.1.f Packet Pg. 40 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 12 d. Ground floor additions to existing residential structures located in an R1 district where the addition is less than 500 square feet gross floor area and the exterior design and materials of the addition match the exterior design and materials of the existing structure; e. Fences or walls which do not meet Section 18.73.070; f. All construction of elevated decks; g. Construction of playhouses according to Section 18.63.110 of this Chapter; h. Temporary uses with insignificant adverse, long-term impact on the environment, i.e., parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others in the commercial and industrial areas other than residential areas; i. In the case of damaged or partially damaged structures due to fire, earthquake, explosion or other natural disasters, and the structure will be reconstructed in the exact condition prior to the disaster and in conformance with applicable City codes and the Zoning Code. j. Accessory dwelling units that comply with Chapter 18.69. Any item which could not be satisfactorily reviewed at staff level may be subject to site and architectural review at the discretion of the Community Development Director. The Community Development 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). 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). B.1.f Packet Pg. 41 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 13 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. 7. Applications for accessory dwelling units and junior accessory dwelling units in accordance with Chapter 18.69. SECTION 16. 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 65852.21. 18.65.020 - Ministerial review; standard for denial; courtesy notice. B.1.f Packet Pg. 42 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 14 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. D. At least seven days prior to making a determination on an application for a second unit or two-unit development, the Planning Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application. 18.65.030 – General requirements. Proposed second units and two-unit developments: A. Shall be located in the RH, R1-20, R1-10, 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)(K), 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: 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. B.1.f Packet Pg. 43 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 15 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. Configuration. A second unit may be attached to or detached from the other primary dwelling unit 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 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. B.1.f Packet Pg. 44 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 16 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 new on-site off-street parking space is required for a second unit and one new on-site off-street parking space per unit is required for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel. 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; Water Service. 1. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, the City Engineer shall inspect existing sewer lines and/or the onsite wastewater treatment system on the parcel. As part of this inspection, the City Engineer may, if applicable, require documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City sewer or septic system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. 2. If a parcel relies on an onsite wastewater treatment system, and a proposed unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then the City B.1.f Packet Pg. 45 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 17 shall require that all existing and proposed units on the parcel be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. If such disconnection and connection is not possible, or would require off-site improvements, then the building official, or designee, shall consider whether such circumstances are grounds for denial of the proposed project pursuant to Section 18.65.020.C. 3. A second unit, and both of the units in a two-unit development, shall each have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s). H. Separate Entrances. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. I. Tree Replacement. If the construction of a second unit or two-unit development will result in the removal of one or more trees with a trunk diameter of six (6) inches or greater, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one new 24-inch box tree on site for each tree removed. The proposed project site shall have a minimum of one tree per unit. J. Additional Development Standards. Except as provided in subsections A through I, 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. K. 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; removal of junior accessory dwelling 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 B.1.f Packet Pg. 46 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 18 subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units. B. 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. C. If a second unit is proposed to be built on a lot with an existing junior accessory dwelling unit, then the junior accessary dwelling unit must be demolished prior to issuance of a building permit for the second unit, pursuant to Section 18.69.050(b)(2). This requirement shall result in the denial of the application for the second unit if destruction of the junior accessory dwelling unit will result in a violation of Section 18.65.030.C or D. D. For a diagram of possible configurations of primary dwelling units, two- unit developments, second units, accessory dwelling units, and junior accessory dwelling units on a lot in the RH, R1-20, R1-10, and R1-7.2 zones, including a lot created by an urban lot split, see Section 18.65.100. 18.65.060 - Design standards. A. 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. B. The architectural design and detailing, roof material, exterior color, and finish materials of a second unit shall be the same as those of the primary dwelling unit. Both units of a two-unit development shall have identical roof material, exterior color, and finish materials. 18.65.070 - Rental term; rental property program compliance; separate conveyance. A. Second units and both units in a two-unit development shall not be rented for a term of less than thirty-one (31) consecutive days. B. Unless the owner of the property provides the City with an annual certification that a unit is owner-occupied, second units and both units in a two-unit development shall be assumed to be rental units and shall be subject to the requirements in Chapter 5.80 (Non-Owner Occupied/Rental Property Program). C. A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The B.1.f Packet Pg. 47 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 19 units in a two-unit development may not be turned into condominiums or otherwise sold separately from one another. 18.65.080 - Deed restriction; affordable rent requirement. As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second unit or two-unit development, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property, at the property owner’s cost, and shall include the following requirements: A. The second unit or two-unit development shall only be used and developed in accordance with the requirements in this chapter, including but not limited to the development standards in Section 18.65.040 and the prohibition on short-term rentals in Section 18.65.070; and B. 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 55 years. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced. 18.65.090 Development impact fees. As a condition of receiving a certificate of occupancy for a second unit or two- unit development, the applicant shall pay development impact fees in an amount established by city council resolution. 18.65.100 Possible configurations of units. The following diagrams depict all of the possible permissible configurations of primary dwelling units, two-unit developments, second units, accessory dwelling units, and junior accessory dwelling units on a lot in the RH, R1-20, R1-10, and R1-7.2 zone, including a lot created by an urban lot split. These diagrams are only intended to show what is possible and do not guarantee that a particular configuration will be permitted or approved in any specific case. Vacant Lot Created Through an Urban Lot Split Non-Vacant Lot Created Through an Urban Lot Split B.1.f Packet Pg. 48 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 20 Lot Not Created Through an Urban Lot Split SECTION 17. 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 18. 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 19. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving the first reading, except by title, at a regular meeting thereof held on the ____ day of _____________, 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________, 2022, by the following roll call vote: AYES: NOES: ABSTAIN: B.1.f Packet Pg. 49 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 01247.0005/766079.4 21 ABSENT: _____________________________ Darcy McNaboe Mayor ATTEST: ____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney B.1.f Packet Pg. 50 At t a c h m e n t : D r a f t R E G U L A R S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ w i t h P C r e v i s i o n s ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 B.1.g Packet Pg. 51 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 B.1.g Packet Pg. 52 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 ofthis chapter is to establish procedures and standardsfor 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 ofthis chapter. CC Ord No. 336 Page 3 of 16 January 25,2022 B.1.g Packet Pg. 53 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 ofapproximately equal lot area,provided that. CC Ord No. 336 Page 4 of 16 January 25,2022 B.1.g Packet Pg. 54 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 1.Neither resulting parcel shall be smaller than 40 percent of the lot area ofthe originalparcelproposed 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 ofa 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 ofany ofthefollowing types ofhousing: 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 subjectto anyform ofrent orprice control through apublic entity's valid exercise ofits 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)ofDivision 7 ofTitle I ofthe 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 ofapprovalfor an urban lot split, the applicant and owner ifdifferentfrom the applicant)shall sign an affidavit,in aform 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,haspreviously 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 ofthe 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) ofparagraph (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 B.1.g Packet Pg. 55 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) qualified nonprofit corporation"as described in Section 214.15 ofthe Revenue and Taxation Code. E. As a condition ofapproval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services andfacilities, as determined by the City Engineer. F. Each parcel resultingfron 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 lotsplitshall only be usedfor 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 rentedfor a term ofless 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, aprimary 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 B.1.g Packet Pg. 56 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 thatprovides 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 500feet 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 B.1.g Packet Pg. 57 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 B.1.g Packet Pg. 58 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 ofthe 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 ofthe 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 ofa specific, adverse impact is made in accordance with Section 18.65.020(C). CC Ord No.336 Page 9 of 16 January 25,2022 B.1.g Packet Pg. 59 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 ofthe 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 B.1.g Packet Pg. 60 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 ofsecond units and two-unit developments in accordance with the requirements of Government Code Section 65852.2L 18.65.020-Ministerial review;standardfor 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 ofthis 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 ifthe building official, or designee, makes a writtenfinding,based upon a preponderance ofthe 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 ofsubsections 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 ofhousing. CC Ord No. 336 Page 11 of 16 January 25,2022 B.1.g Packet Pg. 61 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 ofrent orprice control through apublic entity's valid exercise ofits police power. 3.Housing that has been occupied by a tenant in the last threeyears; D. Shall not require or allow the demolition ofmore 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 accommodationsfrom 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 districtpursuant 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 thefollowing development standards: A. Con muration. A second unit, and both units ofa 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 ofthis chapter,a second unit may be added to aparcel either by (i) the construction of a new residential dwelling unit, (ii) the conversion ofan 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 ofthe units in a two-unit development,shall be no larger than 800 square feet infloor 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 B.1.g Packet Pg. 62 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) one-story. The units shall not be located on the second or any higher story ofa structure. D. Setbacks No setback beyond the existing setback shall be requiredfor an existing structure orfor 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 feetfrom 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-streetparking space is requiredfor a second unit and one off-streetparking spaceper unit is requiredfor 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.Theparcel is located within one-halfmile walking distance of either a high-quality transit corridor, as defined in subsection (b) ofPublic 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 permitfor a second unit or either unit ofa 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 lastfive CC Ord No. 336 Page 13 of 16 January 25,2022 B.1.g Packet Pg. 63 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) years,or,ifthepercolation 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 ofa buildingpermit, 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 squarefeet in floor area. 18.65.050- Total number ofunits A. This chapter does not authorize or require the approval ofmore 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 orjunior 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 ofless than thirty-one(31) consecutive days CC Ord No.336 Page 14 of 16 January 25,2022 B.1.g Packet Pg. 64 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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 rentfor 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 ofSS year& Prior to the issuance ofa certificate of occupancyfor any second unit or any unit ofa two-unit development,the owner oftheproperty 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 B.1.g Packet Pg. 65 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) APPROVED AS TO FORM: Adrian R. Guerra City Attorney CC Ord No. 336 Page 16 of 16 January 25,2022 B.1.g Packet Pg. 66 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e ) 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] B.1.g Packet Pg. 67 At t a c h m e n t : 3 3 6 - U ( J o i n t W o r k s h o p , S B 9 O r d i n a n c e a n d A D U / J A D U O r d i n a n c e )