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03-03-2022 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersRegular Meeting6:30 PM PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!! Beginning June 15, 2020, the City of Grand Terrace reopenedits public meetings. Therefore, the regular meeting of the Planning Commission/Site & Architectural Review Boardfor March 3, 2022,is now open to the public. Please be advised that face masks are required, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Assembly Bill 361 due to Covid-19, the regular meeting of the Planning Commission/Site & Architectural Review Board for March 3, 2022, will also be conducted, in person, telephonically COMMENTS FROM THE PUBLIC The public is encouraged to address the Planning Commission/Site & Architectural Review Boardon any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Planning Commission/Site & Architectural Review Board, please complete a Request to Speak Card and hand it to the Planning Secretary. Speakers will be called upon by the Chair 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 bydialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: 1-669-900-9128 Enter Meeting ID: 85743368157 Password: 506243 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace- ca.gov. To give the Planning Secretary 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 thePlanning at (909) 824-6621 x212by 5:00 p.m. If you wish to have your comments read to the Planning Commission/Site & Architectural Review Boardduring the number you wish to comment on. Comments that you want read to the Planning Commission/Site & Architectural Review Boardwill 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 Planning Commission/Site & Architectural Review Boardmay direct staff to investigate and/or schedule certain matters for consideration at a future Planning Commission/Site & Architectural Review Boardmeeting. 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 www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the Planning Secretaryat (909) 824-6621 x212, or via e-mail at mduenas@grandterrace-ca.gov. Any documents provided to a majority of the Planning Commission/Site & Architectural Review Boardregarding any item on this agend www.grandterrace-ca.gov. City of Grand TerracePage 1 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this -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. CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. PLEDGE OF ALLEGIANCE ROLL CALL Attendee Name Present Absent Late Arrived Chairman Edward A. Giroux Commissioner Tara Cesena Commissioner Jeffrey McConnell Commissioner David Alaniz APPROVAL OF AGENDA PRESENTATIONS None. PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Planning and Development Services. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. City of Grand Terrace Page 2 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 A.CONSENT CALENDAR 1. Approval of Minutes Regular Meeting 02/03/2022 DEPARTMENT: CITY CLERK B.ACTION ITEMS None. 1. Consideration of a General Plan Conformity Finding Regarding the Donation of and the Street & Barton Road (APN 0276-213-47-0-000) from Angeline Petta, Trustee of the Family Trust of Anthony Peta, Pursuant to Government Code Section 65402 RECOMMENDATION: 1) Adopt a RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE DONATION OF AND ACCEPTANCE OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF PRESTON STREET AND BARTON ROAD IN THE CITY OF GRAND TERRACE (APN 0276-213-47-0-000 AND APPROXIMATELY 1.76-ACRES) IS NOT SUBJECT TO ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THEREOF DEPARTMENT: COMMUNITY DEVELOPMENT C.PUBLIC HEARINGS 2. Consider Recommending that City Council Adopt Ordinances Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling Units. City of Grand Terrace Page 3 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 RECOMMENDATION: 1) Conduct a public hearing: 2) Adopt a RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ADOPTION OF SB 9 REGULATIONS, AS PROVIDED HEREIN, IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); FINDING THAT THE ADOPTION OF AN ORDINANCE REGARDING SECOND UNITS (ADUS) IN A SINGLE-FAMILY OR MULTIFAMILY RESIDENTIAL ZONE TO IMPLEMENT GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22, AS PROVIDED HEREIN, IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED ORDINANCES ESTABLISHING OBJECTIVE STANDARDS FOR SB 9 LOT SPLITS AND DEVELOPMENTS, AND, FURTHER, UPDATING CITY REGULATIONS REGARDING ADUS DEPARTMENT: PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD D.INFORMATION TO COMMISSIONERS E. INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on March 17, 2022, at 6:30 p.m. City of Grand Terrace Page 4 A.1 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTESY 3, 2022 Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Edward Giroux convened the regular meeting of the Planning Commission and Site and Architectural Review Board for Thursday, February 3, 2022, at 6:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commissioner Jeffrey McConnell. ROLL CALL Attendee NameTitleStatusArrived Edward A. GirouxChairmanPresent Jeremy BriggsVice-ChairmanAbsent Tara CeseñaCommissionerPresent Jeffrey McConnellCommissionerPresent David AlanizCommissionerPresent Konrad BolowichCity ManagerAbsent Robert KhuuAssistant City AttorneyPresent Haide AguirreAssociate PlannerPresent Debra ThomasCity ClerkPresent APPROVAL OF AGENDA 1.Motion: APPROVAL OF FEBRUARY 3, 2022 AGENDA RESULT:ADOPTED \[UNANIMOUS\] MOVER:Tara Ceseña, Commissioner SECONDER:Jeffrey McConnell, Commissioner AYES:Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT:Jeremy Briggs PRESENTATIONS None. City of Grand TerracePage 1 Packet Pg. 5 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board February 3, 2022 PUBLIC ADDRESS None. A.CONSENT CALENDAR 2. Approval of Minutes Regular Meeting 12/02/2021 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Edward A. Giroux, Chairman SECONDER: David Alaniz, Commissioner AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Jeremy Briggs B.ACTION ITEMS 1. Consideration of a General Plan Conformity Finding Regarding the Purchase of Real Property Located North of the Intersection of Michigan St and Commerce Way (APNs 1167-231-10 & 1167-231-22) by the City of Grand Terrace, Pursuant to Government Code Section 65402 Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation for this item. Planning Commissioner David Alaniz requested that staff verify the survey prepared on the properties for purchase conforms to what has been represented to the Planning Commission at its February 3, 2022, regular meeting. 1) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE CITY LOCATED NORTH OF THE INTERSECTION AT MICHIGAN STREET AND COMMERCE WAY IN THE CITY OF GRAND TERRACE (APNS 1167-231-10 & Minutes Acceptance: Minutes of Feb 3, 2022 6:30 PM (CONSENT CALENDAR) 1167-231-22 AND APPROXIMATELY 12,800 SQUARE FEET) IS NOT SUBJECT TO AND EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR SUCH PROPOSED ACQUISITION OF REAL PROPERTY BY THE CITY OF GRAND TERRACE City of Grand Terrace Page 2 Packet Pg. 6 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board February 3, 2022 RESULT:APPROVED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Jeremy Briggs C.PUBLIC HEARINGS None. D.INFORMATION TO COMMISSIONERS Associate Planner Aguirre informed the Planning Commission that Vice-Chair Jeremy Briggs submitted his resignation effective Thursday, February 3, 2022. E. INFORMATION FROM COMMISSIONERS None. ADJOURN Chairman Giroux adjourned the regular meeting of the Planning Commission/Site and Architectural Review Board at 7:00 p.m. The Next regular meeting of the Planning Commission/Site and Architectural Review Board to be held on February 17, 2022, at 6:30 p.m. _________________________________ _________________________________ Minutes Acceptance: Minutes of Feb 3, 2022 6:30 PM (CONSENT CALENDAR) Edward Giroux, Chairman of the Grand Debra Thomas, City Clerk Terrace Planning Commission City of Grand Terrace Page 3 Packet Pg. 7 B.1 AGENDA REPORT MEETING DATE:March 3, 2022 TITLE:Consideration of a General Plan Conformity Finding Acceptance of Real Property Generally Located at Preston Street & Barton Road (APN 0276-213-47-0-000) from Angeline Petta, Trustee of the Family Trust of Anthony Peta, Pursuant to Government Code Section 65402 PRESENTED BY:Haide Aguirre, Associate Planner RECOMMENDATION:1)Adopt a RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE DONATION OF AND THE CITY OF GRAND LOCATED AT THE NORTHEAST CORNER OF PRESTON STREET AND BARTON ROAD IN THE CITY OF GRAND TERRACE (APN 0276-213-47-0-000 AND APPROXIMATELY 1.76-ACRES) IS NOT SUBJECT TO ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR SUCH DONATION AND CITY OF 2030 VISION STATEMENT: This staff reports supports Goal #3 to Promote Economic Development. BACKGROUND: On February 22, 2022, the City Council approved a Resolution accepting the donation of real property generally located at Preston Street and Barton Road, (Assessor Parcel Number 0276-213-47-0- Tr Donation Agreement contingent upon the Planning Commission/Site And Architectural be consistentwith the General Plan. Packet Pg. 8 B.1 California Government Code Section 65402(a) states that "If a General Plan has been adopted, no real property shall be disposed or acquired, until the location, purpose and extent of such disposition or acquisition, \[has\] been submitted to and reported upon by the planning agency as to conformity with said adopted general plan within forty (40) days after the matter was submitted to it." Therefore, in order for the acquisition and disposition of property to occur, the Planning Commission must first make a report on the conformity of the proposed acquisition with the General Plan. In accordance with the Government Code, Staff is recommending that the Planning roperty in conformance with the General Plan, as follows: GENERAL PLAN CONSISTENCY: The Property is a vacant land of approximately 1.76-acre parcel owned by the Petta Family Trust, located on the northeast corner of Preston Street and Barton Road (Attachment 2). The Property is designated Office Commercial (OC) on the General Plan Land Use Map, and Barton Road Specific Plan-Office Professional (BRSP-OP) on the Zoning Map. A Real Property Donation Agreement has been drafted to cover the terms of the donation as authorized by the City Council. In short, the donor, Petta Family Trust, desires to donate the Property to the City for public purposes such as a library, police substation, performing arts center, or any other allowable use that is in the best interests of the residents of the City (as determined by the City Council). The City will be responsible for the construction, operation, and maintenance of any such facility. The Office Commercial designation is anchored by City Hall and consists of small office uses. This designation is characterized by limited office/commercial uses and multi- family development. The properties designated for office commercial are primarily located along Barton Road and along Mount Vernon Avenue and serve as a buffer between residential areas and general commercial areas. Permitted uses may include office/administrative uses, support retail uses, service commercial uses, and government offices and facilities. The Property is being donated for public purposes (see above) and, therefore, the potential construction of a government office and facility (e.g., library or community center) is consistent with the BRSP-OP zoning district and will support General Plan Public Services and Facilities Element Goal 7.1 to coordinate and balance the provisions of public services with existing and planned development to eliminate service gaps, maximize the use of existing public facilities and services, and provide a high level of quality public services. Packet Pg. 9 B.1 Maintaining the potential inclusion of a municipal facility (e.g., library or community center) located at APN: 0276-213-47-0-000 would be in conformity with the Grand Terrace General Plan and the BRSP-OP zoning designation, and in accordance with California Government Code Section 65402 and is consistent with the intent of the Property conforms with the General Plan and BRSP-OP zoning designation. ENVIRONMENTAL This action is not subject to environmental review pursuant to CEQA Regulations Section 15060(c)(3) of the CEQA Guidelines. The activity is not a project as defined in Section 15378 (b) (5) - Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Further, even if it is a project, this action is exempt from CEQA pursuant to Section 15061(b)(3) (when it can be seen with certainty that there is no possibility that an action will have a significant effect on the environment, that activity is not subject to CEQA). The evaluation of General Plan conformity for the acceptance of the donation of the Property by the City of Grand Terrace will not have any effect on the environment. Ownership will change; however, no physical changes are proposed or authorized with the donation/acceptance of the Property. Therefore, it can be seen with certainty that there is no possibility of significant environmental effects, and the acceptance of the donation of the Property is not subject to CEQA. Any use as determined by the City Council would be subject to a separate discretionary action and CEQA compliance review at that time. The full extent of the future use, design, and operations of the Property are speculative at this point and are therefore not yet ripe for evaluation. Potential environmental impacts will be evaluated at the time the City Council considers establishing the specific use for the Property RECOMMENDATION: Based upon the forgoing, Staff recommends that the Planning Commission/Site And acceptance of the donation of the Property to be in conformance with the General Plan. ATTACHMENTS: Resolution APN 0276-213-47-0-000 (DOC) Aerial View (PDF) APPROVALS: Haide Aguirre Completed 02/25/2022 11:17 AM City Attorney Completed 02/25/2022 1:10 PM Packet Pg. 10 B.1 Planning Commission/Site And Architectural Review BoardPending03/03/2022 6:30 PM Packet Pg. 11 B.1.a RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE DONATION OF AND THE CITY OF GRAND TERRA ACCEPTANCE OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF PRESTON STREET AND BARTON ROAD IN THE CITY OF GRAND TERRACE (APN 0276-213-47-0-000 AND APPROXIMATELY 1.76-ACRES) IS NOT SUBJECT TO ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION ACCEPTANCE THEREOF WHEREAS, on February 22, 2022, the City Council approved a Resolution accepting the donation of real property from Angeline Petta, Trustee of the Family Trust of Anthony Peta and Angeline Peta (Petta Family Trust) and approving a related Real Property Donation Agreement contingent upon the Planning Commission finding the acceptance of such donation of real property to be consistent with the General Plan; WHEREAS, the Property is a vacant land of approximately 1.76-acres generally located at the northeast corner of Preston Street and Barton Road with Assessor Parcel Number 0276-213-47-0-000; WHEREAS, the Property is zoned Barton Road Specific Plan (BRSP) Office Professional and is designated Office Commercial on the General Plan Land use Map; WHEREAS, the Office Professional land use designation is anchored by the City Hall and consist primarily of small office uses. This land use district is intended to accommodate professional/administrative office uses and personal service uses as opposed to other commercial retail uses. Government Offices and Facilities are permitted in the zoning; WHEREAS, as stated in the Grand Terrace General Plan, the BRSP has been prepared in compliance with the goals and policies of the Land Use Element which supports office commercial uses primarily located along Barton Road east of Mount Vernon Avenue and serve as a buffet between residential areas and general commercial areas; Attachment: Resolution APN 0276-213-47-0-000 \[Revision 8\] (General Plan Conformance on Acquisition of Property) WHEREAS, the Property is being donated for public purposes (e.g., library or community center) and, therefore, the potential construction of a government office Packet Pg. 12 B.1.a and/or facility (e.g., library or community center) is consistent with the BRSP-OP zoning district and will support General Plan Public Services and Facilities Element Goal 7.1 to coordinate and balance the provisions of public services with existing and planned development to eliminate service gaps, maximize the use of existing public facilities and services, and provide a high level of quality public services; WHEREAS, Government Code Section 65402 stipulates that prior to the acquisition of real property by a government agency, the planning agency of the jurisdiction in which said Property is located must first make the finding that the acquisition of said Property is in conformance with the adopted General Plan of the local jurisdiction; WHEREAS, this action is not subject to environmental review pursuant to CEQA Regulations Section 15060(c)(3) of the CEQA Guidelines. The activity is not a project as defined in Section 15378 (b) (5) - Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Further, even if it is a project, this action is exempt from CEQA pursuant to Section 15061(b)(3) (when it can be seen with certainty that there is no possibility that an action will have a significant effect on the environment, that activity is not subject to CEQA). The evaluation of General Plan conformity for the acceptance of the donation of the Property by the City of Grand Terrace will not have any effect on the environment. Ownership will change; however, no physical changes are proposed or authorized with the donation/acceptance of the Property. Therefore, it can be seen with certainty that there is no possibility of significant environmental effects, and the acceptance of the donation of the Property is not subject to CEQA. Any use as determined by the City Council would be subject to a separate discretionary action and CEQA compliance review at that time. The full extent of the future use, design, and operations of the Property are speculative at this point and are therefore not yet ripe for evaluation. Potential environmental impacts will be evaluated at the time the City Council considers establishing the specific use for the Property; WHEREAS, on March 3, 2022, the Planning Commission/Site and Architectural Review Board (Planning Commission) conducted a duly noticed public meeting on this matter at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace, as follows 1. The Planning Commission hereby specifically finds that all the facts set forth in Attachment: Resolution APN 0276-213-47-0-000 \[Revision 8\] (General Plan Conformance on Acquisition of Property) the above Recitals, are true and correct and are incorporated herein by this reference. Page 2 of 4 Packet Pg. 13 B.1.a 2.Based upon the forgoing and written and oral presentations made by City staff and members of the public, including, but not limited to, written and oral staff reports, at the March 3, 2022, meeting, the Planning Commission hereby finds that the General Plan conformance finding pursuant to Government Code Section 65402 as provided herein is not subject to environmental review pursuant to CEQA Regulations Section 15060(c)(3) of the CEQA Guidelines. The activity is not a project as defined in Section 15378 (b) (5) - Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Further, even if it is a project, this action is exempt from CEQA pursuant to Section 15061(b)(3) (when it can be seen with certainty that there is no possibility that an action will have a significant effect on the environment, that activity is not subject to CEQA). The evaluation of General Plan conformity for the acceptance of the donation of the Property by the City of Grand Terrace will not have any effect on the environment. Ownership will change; however, no physical changes are proposed or authorized with the donation/acceptance of the Property. Therefore, it can be seen with certainty that there is no possibility of significant environmental effects, and the acceptance of the donation of the Property is not subject to CEQA. Any use as determined by the City Council would be subject to a separate discretionary action and CEQA compliance review at that time. The full extent of the future use, design, and operations of the Property are speculative at this point and are therefore not yet ripe for evaluation. Potential environmental impacts will be evaluated at the time the City Council considers establishing the specific use for the Property 3. Based upon the forgoing and written and oral presentations made by City staff and members of the public, including, but not limited to, written and oral staff reports, at the March 3, 2022, meeting, the Planning Commission specifically finds: a. The purpose of the Barton Road Specific Plan (BRSP) and associated zoning districts is to assure the systematic implementation of the City of Grand Terrace's General Plan within the BRSP area. The Office Commercial designation is anchored by City Hall and consist of small office uses. This designation is characterized by limited office/commercial uses and multi-family development. The properties designated for office commercial are primarily located along Barton Road and along Mount Vernon Avenue and serve as a buffer between residential areas and general commercial areas. Permitted uses may include office/administrative uses, support retail uses, service commercial uses, and government offices and facilities b. The Property is zoned BRSP Office Professional and is designated Office Commercial on the General Plan Land Use Map. c. The donor, the Petta Family Trust, desires for the City to acquire and utilize the Property for public purposes such as a library, police substation, performing arts center, or any other allowable use that is in the best Attachment: Resolution APN 0276-213-47-0-000 \[Revision 8\] (General Plan Conformance on Acquisition of Property) interests of the residents of the City (as determined by the City Council). Page 3 of 4 Packet Pg. 14 B.1.a d.Therefore, thedonation and acceptance of the donationof the subject Propertywould be accomplished for the intendedpurpose of implementing the Barton Road Specific Plan, in accordance with the General Planland use designation, goals, and policies. 4. Based upon the forgoing and written and oral presentations made by City staff and members of the public, including, but not limited to, written and oral staff reports, at the March 3, 2022, meeting, and on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Planning Commission hereby finds that the donation and acceptance of the subject Property, as contemplated herein, would be in conformity with the Grand Terrace General Plan in accordance with Government Code Section 65402. 5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Resolution. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, rd California, at a regular meeting held on the 3 day of March 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debora Thomas Edward Giroux City Clerk Chairman Attachment: Resolution APN 0276-213-47-0-000 \[Revision 8\] (General Plan Conformance on Acquisition of Property) Page 4 of 4 Packet Pg. 15 B.1.b Packet Pg. 16 C.2 AGENDA REPORT MEETING DATE:March 3, 2022Council Item TITLE:Consider Recommending that City Council Adopt Ordinances Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling Units. PRESENTED BY:Haide Aguirre, Associate Planner RECOMMENDATION:Adopt a RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ADOPTION OF SB 9 REGULATIONS, AS PROVIDED HEREIN, IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); FINDING THAT THE ADOPTION OF AN ORDINANCE REGARDING SECOND UNITS (ADUS) IN A SINGLE-FAMILY OR MULTIFAMILY RESIDENTIAL ZONE TO IMPLEMENT GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22, AS PROVIDED HEREIN, IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED ORDINANCES ESTABLISHING OBJECTIVE STANDARDS FOR SB 9 LOT SPLITS AND DEVELOPMENTS, AND, FURTHER, UPDATING CITY REGULATIONS REGARDING ADUS BACKGROUND: Senate Bill No. 9 (SB 9) became effective on January 1, 2022. This bill requires the approval of up to two primary dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted. This is in addition to permitting accessory dwelling units (ADUs), in some cases. Additionally, SB 9 requires the approval of lot splits in single-family residential zones and allows up to two units to be built on each resulting parcel. SB 9 allows cities to establish objective standards to govern these units and lots splits, as long asthey do not conflict with state law. On January 25, 2022, the City Council adopted Urgency Ordinance No. 336-U, establishing objective standards for the regulation of lots splits and new units developed Packet Pg. 17 C.2 under SB 9. The City Council also directed staff tobring back a regular ordinance, specifically, an ordinance that would first receive a review by the Planning to City Council. Since that time, City staff has undertaken further analysis of SB 9 and now recommends the adoption of additional regulations, which are presented here for consideration by the Planning Commission. At the January 25 meeting, the City Council also directed City staff to prepare updates s regulations on accessory dwelling units (ADUs) and junior accessory since 2017. Since that time, state law has been amended significantly, as the state continues to adopt create additional housing options. SB 9 and ADU laws are related as they both result in additional residential density and create additional options for the development of residential property, especially in single-family zones. Consequently, the two proposed ordinances, one related to SB 9 and one related to ADUs are being presented together so that the Planning Commission and eventually the City Council can consider them individually but also consider how they relate to one another. DISCUSSION: SB 9 Ordinance SB 9 has two primary effects on City land use regulations. First, it requires cities to permit up to two primary residences on each parcel in single-family residential zones, where previously only one primary residence would be allowed. When combined with ADUs, 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. State law establishes many requirements, but also allows cites to impose additional objective standards that do not conflict with state law. The following tables show the mandated state requirements and additional objective standards that City staff are proposing: SB 9 Lot Splits 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 Packet Pg. 18 C.2 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 power. - Housing that has been occupied by a tenant in the last three years. 8. Vacant lots are not eligible for 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 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) 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 Additional City Standards 1. City will mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed lot split will be located informing the owner(s) of the submitted application. 2. If an urban lot split results in the creation of a vacant parcel, the Packet Pg. 19 C.2 only permitted use of such parcel shall be a two-unit development - namely, development of two SB 9 units subject to all requirements applicable to such units. 3. The owner of the parcel to be divided must execute a deed restriction, which will be recorded on each of the resulting parcels, at the propert SB 9 Units 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 development 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. 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 - Housing that has been occupied by a tenant in the last three years. 6. SB 9 developments will be ministerially approved without a public hearing. 7. City can only impose up a 4 foot rear and side setback for SB 9 units 8. City can only require one parking spot per SB 9 units, with some exceptions 9. City cannot enforce standards that would prevent up to two primary units that are at least 800 square feet each 10. Maximum of two primary units are allowed on property, plus ADUs 11. SB 9 units cannot be rented for terms of less than 31 days (no Packet Pg. 20 C.2 short-term rentals) Additional City Standards 1. City will mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed SB 9 development will be located informing the owner(s) of the submitted application. 2. SB 9 developments will be approved thought the administrative site and architectural review process 3. SB 9 units can only be up to 800 square feet and 16 feet in height 4. Must have at least 15 feet of separation between all detached units on a parcel 5. City will require sewer capacity testing and compliance with water service requirements from Riverside Highland Water Company 6. If development of SB 9 results in removal of mature tree, owner must replace removed tree with a new 24-inch box tree on site 7. Design of second units must match primary unit 8. SB 9 units may not be turned into condos or sold separately from other units on the property 9. Owner must execute deed restriction limiting use of units as required by state law and City ordinance 10. Owner must execute deed requiring that SB 9 units may only be rented to lower-income households at an affordable rent for 55 years 11. SB 9 units are required to pay development impact fees, in an amount established by the City Council 12. SB 9 units will be assumed to be rentals and will be subject to -Owner Occupied/Rental Property Program ADU Ordinance As with SB 9, may of the standards for ADUs/JADUs are established by state law, but the state does allow cities to establish regulations that do not conflict with state law. The following table shows the mandated state requirements and additional standards that City staff are proposing: ADU/JADU Regulations State Requirements 1. ADUs are permitted in single-family, multifamily, and mixed-use zones, and on properties with single-family and multifamily units 2. Must be approved ministerially without a public hearing 3. Parcel with one or more single-family dwelling can have one ADU; parcel with a multifamily dwelling can have two ADUs (or more for Packet Pg. 21 C.2 parcels with more than 8 multifamily units) 4. JADUs must be completely within a single family dwelling, and are only allowed on parcels that have only one single-family dwelling and no multi-family dwellings 5. City can only impose up a 4 foot rear and side setback for ADUs 6. ADUs can be attached to, detached from, or built within other dwelling structures, or be created by converting non-habitable structures 7. ADUs must have complete independent living facilities and can only be limited to 850 sf for studio/one-bedroom units and 1,000 sf for units with two or more bedrooms 8. JADUs must have independent living facilities except that they can share a bathroom with the primary unit and only have to have an efficiency kitchen; they are limited to 500 square feet 9. City cannot impose owner-occupancy requirements on ADUs, but if property has a JADU, owner must either live in JADU or primary dwelling 10. ADUs and JADUs cannot be sold separately from other units on property (with one minor exception) 11. Only one parking space can be required for ADUs (with some exceptions) and no additional parking can be required for JADUs 12. A deed restriction must be recorded for a JADU requiring compliance with state law regulations Additional City Standards 1. Limits ADUs to 850 sf for studio/one-bedroom units and 1,000 sf for units with two or more bedrooms; and limits attached ADUs to 50% of floor area in primary dwelling (but no less than 800 sf) 2. Limits height of ADUs to 16 and prohibits construction of ADUs above existing structures 3. Requires 15 feet of separation between all detached units on a parcel 4. City will require sewer capacity testing and compliance with water service requirements from Riverside Highland Water Company 5. Establishes specific development and design standards for manufactured homes used as ADUs 6. If development of ADU or JADU results in removal of mature tree, owner must replace removed tree with a new 24-inch box tree on site 7. Design of ADUs must match primary unit 8. ADUs and JADUs cannot be used for short-term rentals (less than 31 days) 9. ADUs/JADUs will be assumed to be rentals and will be subject to -Owner Occupied/Rental Property Program Packet Pg. 22 C.2 10. Establishes requirements for number of ADUs allowed on a property with both a single-family and multifamily residence since state law is silent on this issue 11. ADUs above 750 sf are required to pay development impact fees, in an amount established by the City Council 12. ADUs/JADUs will be approved thought the administrative site and architectural review process Adoption of the proposed ordinances would repeal Urgency Ordinance No. 336-U and replace its amendments with new amendments in the proposed ordinances. If the ADU ordinance is adopted, the City will be required to submit the ordinance to the Department of Housing and Community Development for compliance with state law. FISCAL IMPACT: There will be no expenditure on the part of the City to adopt this ordinance. The cost to administer this ordinance is currently unknown, but such costs will be recovered, at least in part, through application fees. ENVIRONMENTAL REVIEW: Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, 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, the proposed ordinances do not require any environmental review under CEQA. RECOMMENDATION: Staff recommends the Planning Commission makes a recommendation to the City Council to adopt the proposed ordinances establishing objective standards for implementation of Senate Bill No. 9 pertaining to urban lot splits and two-unit ATTACHMENTS: PC Resolution SB 9_ADU Ordinance_Grand Terrace (DOC) FINAL REGULAR SB 9 Ordinance_Grand Terrace (DOCX) FINAL ADU Ordinance_Grand Terrace (DOCX) APPROVALS: Haide Aguirre Completed 02/25/2022 1:31 PM City Attorney Completed 02/25/2022 2:28 PM Packet Pg. 23 C.2 Planning Commission/Site And Architectural Review BoardPending03/03/2022 6:30 PM Packet Pg. 24 C.2.a RESOLUTION NO.2022-______ A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ADOPTION OF SB 9 REGULATIONS, AS PROVIDED HEREIN, IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); FINDING THAT THE ADOPTION OF AN ORDINANCE REGARDING SECOND UNITS (ADUS) IN A SINGLE-FAMILY OR MULTIFAMILY RESIDENTIAL ZONE TO IMPLEMENT GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22, AS PROVIDED HEREIN, IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED ORDINANCES ESTABLISHING OBJECTIVE STANDARDS FOR SB 9 LOT SPLITS AND DEVELOPMENTS, AND, FURTHER, UPDATING CITY REGULATIONS REGARDING ADUS WHEREAS, Senate Bill No. 9 (SB 9) became effective on January 1, 2022. This bill requires the approval of up to two primary dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted. This is in addition to permitting accessory dwelling units (ADUs), in some cases. Additionally, SB 9 requires the approval of lot splits in single-family residential zones and allows up to two units to be built on each resulting parcel. SB 9 allows cities to establish objective standards to govern these units and lots splits, as long as they do not conflict with state law; and WHEREAS, on January 25, 2022, the City Council adopted Urgency Ordinance No. 336-U, establishing objective standards for the regulation of lots splits and new units developed under SB 9. Since that time, City staff has undertaken further analysis of SB 9 and now recommends the adoption of additional regulations; and WHEREAS, at the January 25 meeting, the City Council also directed City staff to prepare updates to regulations have not been updated since 2017. Since that time, state law has been amended significantly, as the state continues more density and to create additional housing options; and WHEREAS, SB 9 and ADU laws are related as they both result in additional residential density and create additional options for the development of residential property, especially in single-family zones. Consequently, the two proposed ordinances one related to SB 9 and one related to ADUs have been presented together so that the Planning Commission/Site and Architectural Review Board (Planning Commission) Attachment: PC Resolution SB 9_ADU Ordinance_Grand Terrace \[Revision 2\] (SB 9 Ordinance and ADU/JADU Ordinance) 01247.0005/771122.1 Packet Pg. 25 C.2.a and eventually the City Council can consider them individually but also consider how they relate to one another; and WHEREAS, on March 3, 2022, the Planning Commission conducted a duly noticed public hearing to consider the proposed ordinances at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The recitals set forth above are true and correct and incorporated herein by this reference. 2. Based upon the forgoing, all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission finds that the adoption of SB 9 regula for purposes of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n). Additionally, 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, the proposed ordinances do not require any environmental review under CEQA. 3. Based upon the forgoing, all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission finds as follows with respect to the proposed ordinances attached hereto as Exhibits A and B: a. The proposed ordinance amendments, attached hereto as Exhibits A and B (Proposed Amendments) are not detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the City, nor are they injurious to property or improvements within the City; and b. The proposed amendments are consistent with the latest adopted general plan and are internally consistent with Citys municipal code. 4. On the basis of these findings, the Planning Commission recommends that the City Council adopt the Proposed Amendments. 5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Attachment: PC Resolution SB 9_ADU Ordinance_Grand Terrace \[Revision 2\] (SB 9 Ordinance and ADU/JADU Ordinance) Resolution. 01247.0005/771122.1 Page 2 of 4 Packet Pg. 26 C.2.a Attachment: PC Resolution SB 9_ADU Ordinance_Grand Terrace \[Revision 2\] (SB 9 Ordinance and ADU/JADU Ordinance) 01247.0005/771122.1 Page 3 of 4 Packet Pg. 27 C.2.a PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, rd California, at a public hearing held on the 3 day of March, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra Thomas Edward A. Giroux City Clerk Chairman Attachment: PC Resolution SB 9_ADU Ordinance_Grand Terrace \[Revision 2\] (SB 9 Ordinance and ADU/JADU Ordinance) 01247.0005/771122.1 Page 4 of 4 Packet Pg. 28 C.2.b 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 meeting held on March 1, 2022, and made a recommendation to the City Council. 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 rnia 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): Table 17.04.050 Review, approval and appeal body Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) TYPE OF REVIEW APPROVAL APPEAL ACTION BODY BODY BODY ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 1 Packet Pg. 29 C.2.b 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) responsible agencies Final maps (5 or City staff and other City Council N/A more lots) responsible agencies Waivers of parcel City staff and other City Engineer Planning maps responsible agencies Commission 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 agencies Commission Lot line adjustments City staff and other Director Planning responsible agencies Commission Certificate of City staff and other City Engineer Planning Compliance responsible agencies Commission SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended 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. 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. Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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 ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 2 Packet Pg. 30 C.2.b 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. as a beneficiary of a corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code 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 proposed lot split will be located informing the owner(s) of the submitted Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) application. 17.30.030 - Parcel requirements. ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 3 Packet Pg. 31 C.2.b 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: 1. Housing that is subject to a recorded covenant, ordinance, or law Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) that restricts rents to levels affordable to persons and families of moderate, low, or very low income. ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 4 Packet Pg. 32 C.2.b 2. Housing that is subject to any form of rent or price control through 3. A parcel on which an owner of residential real property has (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 defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 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: Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 1. Dedications of rights-of-way or the construction of offsite improvements; or ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 5 Packet Pg. 33 C.2.b 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 a primary dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units and Two-Unit Developments), an accessory dwelling unit, or a junior accessory Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) dwelling unit. 17.30.070 - Limitation on development of vacant parcel created by urban lot split. ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 6 Packet Pg. 34 C.2.b 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 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. ingle-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 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. Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) - the simultaneous development of two new residential dwelling units on a parcel with no existing primary dwelling units. ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 7 Packet Pg. 35 C.2.b SECTION 13. Table 18.10.030 of the Grand Terrace Municipal Code shall be amended, a new footnote (e) (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 R3- Permitted Uses RH R1-R1-R1-R2 R3 R3- 20/R3- 24 20 10 7.2 S A. Residential Uses a b gggg Single-Family (Detached), Full Sized P P - - P P P P h hhh Second Units (Subject to Chapter 17.30 and 18.65) PP P P - - - - hhhh Two-Unit Developments (Subject to Chapter 17.30 and 18.65) P P P P - - - - 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 - - d Senior Citizen Housing P P B. Residential Accessory Structures d Accessory Structure P P P P P P P P e Second-Family Unit(As Permitted Per Chapter 18.63) P P P P P P - - gggg Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P P P gggg Junior Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P - - Guest House C C C C C C - - Private Garage P P P P P P - P d Private Swimming Pool P P P P P P P P d Home occupation (As Permitted Per Chapter 5.06) P P P P P P P P d Keeping of Cats and Dogs (Maximum of Two Each) P P P P P P P P d Other Accessory Uses (As Approved by the Planning Director) P P P P P P P P C. Other Uses e Churches (Minimum Three-Acre Parcel) C C C C C C - - e Schools (Private and Parochial) C C C C C C - - e Public Park and Playground P P P P P P - - e Public Facilities (And Quasi- Public) C C C C C C - - e Family Day Care (Eight or Less Children) P P P P P P - - e Family Day Care Center (Nine or More Children) C C C C C C - - Residential Care Facility (Six or Less Persons) P P P P P P P P f Residential Care Facility (Seven or More Persons) C C - - Single Room Occupancy C C - - e Utility or Service Facility C C C C C C - - e Outdoor Recreation Facility C C C C C C - - D. Temporary uses Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) d Temporary Uses (As approved by Planning Director) P P P P P P P P d Temporary Trailers (As Approved by Planning Director) P P P P P P P P ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 8 Packet Pg. 36 C.2.b 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 Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) hereby amended as follows (additions in bold italics): The requirements for off-street parking shall be as follows: ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 9 Packet Pg. 37 C.2.b 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. Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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. Land Use Application. The purpose of this section is to empower the community development director or representative with responsibilities for ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 10 Packet Pg. 38 C.2.b 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 Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) Commission design guidelines; 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 ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 11 Packet Pg. 39 C.2.b 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 Directors 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 Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) rules as the appeals to the City Council (Section 18.63.070). 1. All accessory structures, except: ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 12 Packet Pg. 40 C.2.b 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. Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) A. Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 13 Packet Pg. 41 C.2.b 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 e Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 3. Housing that has been occupied by a tenant in the last three years; ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 14 Packet Pg. 42 C.2.b 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 (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 Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) at least 4 feet from the side and rear lot lines. E. Separation Between Detached Units. There shall be at least 15 feet of separation between all detached units on a parcel, including second units, ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 15 Packet Pg. 43 C.2.b primary units, both units of a two-unit development if they are not attached, and detached accessory dwelling units. F. Parking. 1. One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two- unit development. 2. Notwithstanding subsection F.1, no parking spaces are required for a second unit or a two-unit development if either: a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or b. There is a car share vehicle located within one block of the parcel. G. Wastewater; Water Service. 1. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, 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 certificate of occupancy. 2. Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an onsite wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer finds that the onsite wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a certificate of occupancy. Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 3. A second unit, and both of the units in a two-unit development, shall each have a separate water service line and the applicant shall submit plans for such line(s) to the Riverside Highland Water ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 16 Packet Pg. 44 C.2.b 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. 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 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, Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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. ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 17 Packet Pg. 45 C.2.b 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 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 and shall include the following requirements: Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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 ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 18 Packet Pg. 46 C.2.b 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 Lot Not Created Through an Urban Lot Split Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 19 Packet Pg. 47 C.2.b 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: ABSENT: Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) _____________________________ Darcy McNaboe Mayor ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 20 Packet Pg. 48 C.2.b ATTEST: ____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney Attachment: FINAL REGULAR SB 9 Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) ЉЊЋЍА͵ЉЉЉЎΉАЏЏЉАВ͵Ќ 21 Packet Pg. 49 C.2.c 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, (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 meeting held on March 1, 2022, and made a recommendation to the City Council. 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. SECTION 4. Section 18.06.018 (Accessory dwelling unit, junior) is hereby added to the Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.018 - Accessory dwelling unit, junior (JADU). Junior accessory or JADU means a residential dwelling unit that is no more than 500 feet in size and is contained within a single-family residence. ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 1 Packet Pg. 50 C.2.c 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) 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) - 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 Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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. ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 2 Packet Pg. 51 C.2.c (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 Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) one and only one existing or proposed single-family residence. No junior accessory dwelling units are allowed on a lot with more 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 ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 3 Packet Pg. 52 C.2.c 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 Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) lot split, see Section 17.80.100. (c) Required facilities. (1) Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 4 Packet Pg. 53 C.2.c 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), 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 \[1\] primary dwelling structure, whichever is less Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) Two or more bedrooms: 1,000 square feet or 50% of the floor area of the ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 5 Packet Pg. 54 C.2.c \[1\] primary dwelling structure, 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 \[2\] Setback Front Same as required for primary residence \[2\]\[3\] Setback Side/Rear 4 feet Maximum Height16 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 Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) location as an existing structure; where: (i) the existing structure is permitted; and (ii) the conversion or new construction will have the same dimensions as the existing structure. ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 6 Packet Pg. 55 C.2.c \[3\] 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. Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) (7) Utilities. (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 ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 7 Packet Pg. 56 C.2.c 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 water service line 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, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, 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 the new units, as determined by the city engineer, prior to issuance of a certificate of occupancy. (B) Prior to issuance of a building permit for an accessory dwelling unit or junior accessory dwelling unit that will be connected to an onsite wastewater treatment system, the applicant shall provide 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 finds that the onsite wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a certificate of occupancy. (9) If a manufactured home is used as an accessory dwelling unit, it shall comply with the following requirements: Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) (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). ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 8 Packet Pg. 57 C.2.c (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. 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 on-site parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in subsection (c). (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: (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. Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) (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. ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 9 Packet Pg. 58 C.2.c (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. 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 Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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: ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 10 Packet Pg. 59 C.2.c (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 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. SECTION 10. This Ordinance shall take effect and be in full force and effect from and Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) 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: ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 11 Packet Pg. 60 C.2.c AYES: NOES: ABSTAIN: ABSENT: _____________________________ Darcy McNaboe Mayor ATTEST: ____________________________ Debra Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney Attachment: FINAL ADU Ordinance_Grand Terrace (SB 9 Ordinance and ADU/JADU Ordinance) ЉЊЋЍА͵ЉЉЉЎΉАЏБЍЋЍ͵Ћ 12 Packet Pg. 61