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338 ORDINANCE NO. 338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 WHEREAS, the City Council adopted Urgency Ordinance 336-U on January 25, 2022, establishing objective standards and regulations regarding second units, two-unit developments, and urban lot splits authorized by SB 9; and WHEREAS, out of an abundance of caution, the City Council now wishes to adopt the same regulations through the regular ordinance process, and also wishes to make certain revisions to the previously adopted SB 9 regulations; and WHEREAS, the Planning Commission considered this ordinance at the Planning Commission Noticed Public Hearing meeting held on March 3, 2022, and voted unanimously 4-0 adopting a resolution recommending City Council approval; and WHEREAS, on April 21, 2022, the City Council and Planning Commission held a joint session to further discuss proposed SB 9 and accessory dwelling unit regulations; and WHEREAS, on May 10, 2022, the City Council of the City of Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and conclude the hearing on said date; and WHEREAS, on May 24, 2022, the City Council of the City of Grand Terrace adopted the proposed Ordinance; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitals are incorporated by reference. SECTION 2. CEQA. The City Council finds and determines that these ordinance amendments are not a "project" for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) 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 Urgency Ordinance 336-U is hereby repealed in its entirety and all changes to the Grand Terrace Municipal Code made therein are hereby repealed.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 bG11d strikethrough; additions in bold italics): Ord No. 338 Page 1 of 24 May 24,2022 H. The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or seeend accessory dwelling units pursuant to California Government Code Section 65852.2; but this Title shall apply to the sale or transfer, but not the leasing of those units; SECTION 5. Table 17.04.050 (Review, approval and appeal body) is hereby amended as follows (additions in bold italics): Table 17.04.050 Review, approval and appeal body TYPE OF REVIEW APPROVAL APPEAL ACTION BODY BODY BODY Tentative maps Planning City Council N/A Commission Vesting tentative Planning City Council N/A maps Commission Tentative parcel maps Planning City Council N/A Commission Tentative map City staff and other Director Planning extensions responsible agencies Commission Parcel maps (4 or less City staff and other City Council N/A lots) res onsible agencies Final maps (5 or City staff and other City Council N/A more lots) responsible agencies Waivers of parcel City staff and other City Engineer Planning maps res onsible 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 I responsible agencies I I Commission Ord No. 338 Page 2 of 24 May 24, 2022 SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended to add a definition of "Urban lot split" as follows, with all other definitions in Section 17.08.020, except those shown below, remaining unchanged (deletions in bell stFiikethrGugh; additions in bold italics): GG. "Urban lot split"shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Chapter 17.30 (Urban Lot Splits). 6G-. 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-. ll."Zoning code" shall mean Title 18 of the Grand Terrace Municipal Code, including all text and maps, as it may be amended from time to time. SECTION 7. Chapter 17.30 (Urban Lot Splits) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 17.30 - URBAN LOT SPLITS 17.30.010 - Purpose. The purpose of this chapter is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7. 17.30.020 - Permitted applicants; ministerial review; standard for denial; courtesy notice. A. Only individual property owners may apply for an urban lot split. "Individual property owner"means a natural person holding fee title individually or jointly in the person's own name or as a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15. 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. Ord No. 338 Page 3 of 24 May 24, 2022 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 (7) 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 application. 17.30.030 - Parcel requirements. The parcel that is proposed for subdivision through an urban lot split: A. Shall be located in an RH, R1-20, R1-10, or R1-7.2 zoning district; B. Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved, unless the parcel is owned by a "community land trust,"as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15; C. Shall only have residential uses located on it on the date the urban lot split is approved; D. Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K): 1. Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure; Ord No. 338 Page 4 of 24 May 24, 2022 2. Wetlands; 3. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures; 4. A hazardous waste site that has not been cleared for residential use; 5. Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards; 6. Within a special flood hazard area subject to inundation by a 100-year flood, unless: a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; 7. Within a regulatory floodway, unless the development has received a no-rise certification; 8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; 9. Habitat for protected species; or 10. Land under a conservation easement; 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 Ord No. 338 Page 5 of 24 May 24, 2022 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; 2. Neither resulting parcel shall be smaller than 1,200 square feet; and 3. The dividing line between the two resulting parcels shall be a single straight line extending from the right-of-way to the rear lot line. B. An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 17.30.060. C. An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. 3. A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 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. Ord No. 338 Page 6 of 24 May 24, 2022 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 fora minimum of three years from the date of the approval of the urban lot split. This subsection D.3 shall not apply if the owner of the parcel is a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15. 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. 1. Dedications of rights-of-way or the construction of offsite improvements; or 2. The correction of non-conforming zoning conditions existing on the parcel that will be divided. Ord No. 338 Page 7 of 24 May 24, 2022 H. An urban lot split: 1. Shall conform with all the requirements of the Subdivision Map Act; and 2. Shall conform with all the requirements applicable to lot splits under this code, except for those requirements that conflict with the requirements of this chapter, in which case the provisions of this chapter shall control. 17.30.050 - Limitations applicable to new parcels. A. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located. B. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one (31) consecutive days. C. A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split. D. Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibilities between the owners of the two lots. 17.30.060 - Limitation on number of units. Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units and Two-Unit Developments), an accessory dwelling unit, or a junior accessory dwelling unit. Ord No. 338 Page 8 of 24 May 24, 2022 17.30.070 - Deed restriction. As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner's cost, and shall limit the use of each parcel in accordance with the standards of this chapter. 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 B. Section 18.06.020 (Accessory structure) is hereby renumbered to Section 18.06.025, and Section 18.06.025 (Accessory living quarters) is hereby renumbered to Section 18.06.020, so as to put these two definitions in alphabetical order. SECTION 9. Section 18.06.083 (Single-family detached) is hereby deleted in its entirety. SECTION 10. Section 18.06.246 (Dwelling, single-family detached) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.246- Dwelling, single-family detached. "Single-family detached dwelling" means one residential structure containing no more than one dwelling and complying with a minimum living area requirement of one thousand three hundred fifty square feet. It shall also be known as a full sized single-family unit or single- family dwelling. SECTION 11. Section 18.06.683 (Second unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.683 - Second unit. "Second unit"means a second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing primary 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. "Two-unit development"means the simultaneous development of two new residential dwelling units on a parcel with no existing primary dwelling units. SECTION 13. Table 18.10.030 of the Grand Terrace Municipal Code shall be amended, a new footnote(e) shall be added to multiple uses under"Other Uses,"footnote Ord No. 338 Page 9 of 24 May 24, 2022 (e)shall be amended, and a new footnote (g)shall be added, as follows(deletions in bold StFlkethr-Gugh; additions in bold italic): TABLE 18.10.030 LAND USE REGULATIONS Permitted Uses 1- 1- 1- 3 3- 3- 0 10 .2 S 4 A.Residential Uses Single-Family(Detached),Full Sized a pb Second Units (Subject to Chapter 17.30 and 18.65) Two-Unit Developments (Subject to Chapter 17.30 and 18.65) Single-Family Attached (Duplexes,Triplexes, and Fo lexes - - - - P P - Multi le Family Units - - - - p P - Manufactured Housing As Permitted Per Chapter 18.66 - - Mobile Home Park - - - - C C - - Senior Citizen Housing pd B.Residential Accessory Structures Accessory Structure p p p p p p pd Accessory Dwelling Unit(Subject to Chapter 17.30 and 18.69) Junior Accessory Dwelling Unit(Subject to Chapter 17.30 and 18.69) Guest House C IC C IC IC C - - Private Garage P P P P P P - Private Swimming Pool p p p p p p pd Home occupation As Permitted Per Chapter 5.06 a Keeping of Cats and Dogs aximum of Two Each a Ip Other Accessory Uses As Approved by the Planning Director a C. Other Uses Churches Minimum Three-Acre Parcel e C C C C C C - - Schools Private and Parochial e C C C C C C - - Public Park and Playgrounde p p p p p P - - Public Facilities AndQuasi- Public)' C C C C C C - - Famil Day Care (Eight or Less Children)' - - Family Day Care Center(Nine or More Children e C C C C C IC - - Residential Care Facility Six or Less Persons Residential Care Facility Seven or More Persons f C C - - Sin le Room Occupancy C C - - Utility or Service Facilitye C C C C C C - - Outdoor Recreation Facility' C C C C C C - - . Temporary uses Temporary Uses As approved by Planning Director a Temporary Trailers As Approved by Planning Director a Ord No. 338 Page 10 of 24 May 24, 2022 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. S 'cc t to- m'i inisa�tiye site and aFGhiteGt oral re.,.e.... Notwithstanding anything indicating otherwise in this Table, this use is prohibited on a parcel that was created by an urban lot split, pursuant to Section 17.30.050(A). f. Subject to administrative conditional use permit. g. Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 18.65.020(C). SECTION 14. Chapter 18.60.030, subsection A, of the Grand Terrace Municipal Code is hereby amended as follows (additions in bold italics): Ord No. 338 Page 11 of 24 May 24, 2022 The requirements for off-street parking shall be as follows: A. Residential Uses. 1. Single-family dwellings (detached): a. Two parking spaces for each residential unit shall be provided on the same parcel of land as the residential unit, b. The required spaces shall be located within a garage; 2. Multiple-family dwellings: a. One parking space for each studio or efficiency unit. b. Two parking spaces for each one-, two- or three- bedroom unit. C. Three parking spaces for each four-bedroom unit or more, d. At least one space shall be located within a garage or carport, and all required spaces shall be located within 150 feet of the unit being served. e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential unit, and shall be rounded up to the next whole number. f. Guest parking: (i) Shall be identified as "Guest Parking"; (ii) Shall not be used for the storage of recreational vehicles, boats, trailers or other similar items; (iii) Shall be located on the same parcel of land as the residential units and shall be within reasonable walking distance of said units; (iv) May be uncovered spaces; and (v) May be located on a private street within the site or in a common parking area. 3. Second units and two-unit developments: See Chapter 18.65. 4. Accessory dwelling units and junior accessory dwelling units: See Chapter 18.69. Ord No. 338 Page 12 of 24 May 24, 2022 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 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; Ord No. 338 Page 13 of 24 May 24, 2022 C. Overhead decks, provided they strictly meet the Planning 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 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. i i�AGGesseF dwelling elling units that Gomply with Chanter '1 . 9. 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 Ord No. 338 Page 14 of 24 May 24, 2022 be mailed to adjacent property owners requesting comments within two weeks. The Planning Director's decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). 1. All accessory structures, except: a. Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; b. Structures 1,200 square feet or more in size; C. Structures with lot coverage higher than 25 percent; 2. All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; 3. Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies; 4. In case of damaged structures due to fire, earthquakes, or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing. 5. Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. 6. Applications for second units and two-unit developments in accordance with Chapter 18.65. 7. Applications for accessory dwelling units and junior accessory dwelling units in accordance with Chapter 18.69. Ord No. 338 Page 15 of 24 May 24, 2022 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. A. Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. B. An application for a second unit or a two-unit development shall be reviewed by the Planning Director through the administrative site and architectural review process, as described in Chapter 18.63, and the decision may be appealed in accordance with Section 18.63.020(C). C. Notwithstanding subsection A, the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as. defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. D. At least seven (7) 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. Ord No. 338 Page 16 of 24 May 24, 2022 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 not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K): 1. Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure; 2. Wetlands; 3. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures; 4. A hazardous waste site that has not been cleared for residential use; 5. Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards; 6. Within a special flood hazard area subject to inundation by a 100-year flood, unless: a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program; 7. Within a regulatory floodway, unless the development has received a no-rise certification; Ord No. 338 Page 17 of 24 May 24, 2022 8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; 9. Habitat for protected species; or 10. Land under a conservation easement; C. Shall not require or allow the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a - recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. 3. Housing that has been occupied by a tenant in the last three years; D. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under_ Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and F. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance. 18.65.040 - Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards: A. Configuration. A second unit may be attached to or detached from the other primary dwelling unit on the parcel, subject to Ord No. 338 Page 18 of 24 May 24, 2022 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, are subject to the following size limitations: 1. There is no maximum size limit. 2. Second units and both units in a two-unit development shall comply with setback requirements, the minimum separation between detached units in subsection (E), the open space requirements and maximum lot coverage requirements applicable to the parcel on which each unit is located, and all other development standards in this Section 18.65.040. 3. A second unit shall not be larger than an existing primary unit on the same lot. 4. Notwithstanding subsections (B)(2) and (B)(3), and with the exception of the side and rear setback requirements, the City will 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. C. Height. A second unit, and both of the units in a two-unit development, are limited to two (2) stories, or to one (1) story if built on top of a one-story structure. D. Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 feet from the side and rear lot lines. E. Separation Between Detached Units. There shall be at least 15 feet of separation between the walls of second units, and each Ord No. 338 Page 19 of 24 May 24, 2022 unit of a two unit development, and walls of other detached structures on the same parcel. F. Parkin_g. 1. One new on-site off-street parking space is required for a second unit and one new on-site off-street parking space per unit is required for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel. 2. Notwithstanding subsection F.1, no parking spaces are required for a second unit or a two-unit development if either. a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or b. There is a car share vehicle located within one block of the parcel. G. Wastewater, Water Service. 1. Sewer. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, the City Engineer shall inspect existing sewer lines and determine the sewer capacity limits. If the City Engineer determines that the addition of a new unit or units would result in a violation of the requirements of the California Plumbing Code, and/or other objective sewer or septic system requirements in local or state law, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. 2. Septic System. a. If a parcel relies on an onsite wastewater treatment system, and it is within 200 feet of an existing sewer system, then all existing and proposed units on the parcel Ord No. 338 Page 20 of 24 May 24, 2022 shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. b. If the City determines that the second unit would exceed the current capacity of the onsite wastewater system or result in a violation of the requirements of the California Plumbing Code, the requirements of the Santa Ana Regional Water Quality Control Board, and/or other objective City waste disposal system requirements, then the City shall impose conditions of approval on the development that are necessary to ensure compliance with such requirements. c. If a proposed second unit would be located on the only part of the parcel that could accommodate a new onsite wastewater treatment system in the event the existing system needed to be replaced, then all existing and proposed units on the parcel shall be disconnected from the onsite wastewater treatment system and connected to the sewer system as a condition of approval of the development. If such disconnection and connection is not possible, or would require off-site improvements, then the building official, or designee, shall consider whether such circumstances are grounds for denial of the proposed project pursuant to Section 18.65.020.C. 3. A second unit, and both of the units in a two-unit development, shall each have a separate connection to the main water service line in the street and the applicant shall submit plans for such line(s) to the Riverside Highland Water Company for review and approval. The applicant shall comply will all objective requirements of the Riverside Highland Water Company for the construction and operation of the water line(s). H. Separate Entrances; Pathway. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. Furthermore, each second unit, and each units in a two-unit development, shall have an unobstructed pathway, constructed of impermeable materials, leading up to its main entrance, sufficient to provide access to the unit by public safety personnel and the resident of the unit. Ord No. 338 Page 21 of 24 May 24,2022 1. Unobstructed Area Adjacent to Unit. There shall be at least four (4) feet of unobstructed space adjacent to each exterior wall of a second unit and each unit of a two-unit development in order to ensure that the unit is accessible by public safety personnel. This space shall remain unobstructed at all times. J. Additional Development Standards. Except as provided in subsections A through 1, 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. 18.65.050 - Total number of units. A. This chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling 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. 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, roof pitch, exterior color, and finish materials of a second unit shall be the same as those of the primary dwelling unit, except that a flat roof shall not be permitted even if all or a portion of the roof on the primary dwelling is flat. Both units of a two-unit development shall have the same roof material, roof pitch, exterior color, and finish materials. The roof shall have a minimum 16-inch overhang, except that the outermost edge of the roof shall be at least three (3) feet from any side or rear lot line. Ord No. 338 Page 22 of 24 May 24, 2022 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. As a condition of approval of, and prior to the issuance of a certificate of occupancy for, a second unit or two-unit development, the property owner shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on the property, at the property owner's cost, and shall require that the second unit or two-unit development only be used and developed in accordance with the requirements in this chapter. 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. 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. Ord No. 338 Page 23 of 24 May 24, 2022 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 24th day of May 2022. DarR Mc Mayor ATTEST: ebra Thomas City Clerk . APPROVED AS TO FORM: Adrian R. Guerra City Attorney Ord No. 338 Page 24 of 24 May 24, 2022 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 338 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 24th day of May 2022, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Wilson, Robles; Mayor Pro Tern Hussey; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 26th day of May 2022, at Grand Terrace, California. 6;bra L. Thomas City Clerk [SEAL]